HomeMy WebLinkAbout08 - Newport Heights Alley Replacement – Approval of PSA (15R18)8-1
NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
February 23, 2016
Agenda Item No. 8
ABSTRACT:
Staff issued a Request for Proposal (RFP) for engineering services to prepare the
design, plans, specifications and construction documents for the replacement of alleys
and sewer system work in the Newport Heights Alleys. The project is identified in the
approved Capital Improvement Program as the Newport Heights Alley Replacement
Project. After reviewing and rating the proposals, staff is requesting City Council’s
approval to enter into a Professional Services Agreement with Engineering Consultant,
TAIT & Associates, Inc.
RECOMMENDATION:
Approve a Professional Services Agreement (PSA) with TAIT & Associates, Inc. of
Santa Ana, California, for the Newport Heights Alley Replacement project at a not-to-
exceed price of $195,645.00, and authorize the Mayor and City Clerk to execute the
Agreement.
FUNDING REQUIREMENT:
The current adopted budget includes sufficient funding for the design of this project.
Alley design will be expensed to the Newport Heights Alley Replacement account.
Sewer main and lateral replacement design efforts will be expensed to the Newport
Heights Sewer Main Improvement account.
Account Description Account Number Amount
Newport Heights Alley Reconstruction
– General Fund
15R18-Design-010-
unassigned
$146,015.00
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY:Frank Tran, Civil Engineer, ftran@newportbeachca.gov
PHONE:949-644-3340
TITLE:Newport Heights Alley Replacement – Approval of Professional
Services Agreement with TAIT & Associates, Inc. (15R18)
Newport Heights Alley Replacement – Approval of Professional Services Agreement
with TAIT & Associates, Inc. (15R18)
February 23, 2016
Page 2
8-2
Newport Heights Sewer Main
Replacement – Sewer Capital
15R18-Design-711-
unassigned
$49,630.00
Total:$195,645.00
DISCUSSION:
The existing asphalt alleys in the Newport Heights community were constructed in the
1940’s and have deteriorated and reached the end of their useful life. This project
involves a detailed design to remove existing asphalt alley pavements and reconstruct
the alleys. Concrete pavement is the preferred pavement in alleys for its durability with
drainage, trash trucks and as a long lasting durable surface. The new concrete
pavement will join private property walls, driveways, garages and backyards and
requires detailed designs for drainage and connections. During fall 2015, Public Works
contracted with a Land Surveyor who prepared a detailed survey for the design.
Adjacent deteriorated concrete sidewalks, alley approaches and access ramps that
connect to the alleys will also be reconstructed.
This project is part of the approved and funded Capital Improvement Program and is
shown in Attachment A. The original project funding is only sufficient to construct two-
thirds of the alleys. However, the design will encompass all of the alleys and will be
prioritized based on the budget available. Supplemental construction funding for the
additional alleys are a part of the budget requests for the FY 16/17 Capital Improvement
Program.
As is typically done for any alley, utility undergrounding, street or pipeline project, staff
researches and verifies the condition of its water and sewer systems. In reviewing the
Wastewater Master Plan and video inspection of the sewer system, staff is
recommending that sewer mainline and lateral improvements be completed as part of
the project. There is sufficient funding for the design of these sewer system
improvements in the current Capital Improvement Program. Construction funding,
currently estimated at $1 million, is part of the budget request for the FY 16/17 Capital
Improvement Program. A $4 million total project investment is planned for this area with
this project. Construction is planned to begin this summer.
Staff requested proposals for design services from professional engineering firms
specializing in water infrastructure and received three (3) proposals. The City’s review
team consisted of staff from Municipal Operations and Public Works Departments.
Using a qualification-based selection process, each of the proposals were evaluated
based on the consultant team’s project understanding, experience, qualifications,
planning and design approach, design ideas, and projected level of effort. TAIT and
Associates, Inc. were selected by the review team as the most qualified and responsive
Newport Heights Alley Replacement – Approval of Professional Services Agreement
with TAIT & Associates, Inc. (15R18)
February 23, 2016
Page 3
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firm for this project. TAIT & Associates, Inc. also has a great deal of experience having
completed similar scale work for various agencies throughout Southern California.
The proposed work scope includes project management by the consultant, design and
utility research, preparation of plans, specifications, estimates, and contract documents
for public bidding and construction, and assistance during the bidding and preparation
of record drawings at the completion of the project.
The proposed fee for these services is a “not-to-exceed” cost of $195,645.00. The work
scope is itemized and billing will be per the approved billing rates as shown in Exhibit 1
of the attached PSA (Attachment B).
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly. A
Categorical Exemption is expected for the future construction.
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:
Attachment A – Location Map
Attachment B – Professional Services Agreement with TAIT & Associates, Inc.
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PROFESSIONAL SERVICES AGREEMENT
WITH TAIT & ASSOCIATES, INC. FOR
NEWPORT HEIGHTS ALLEY REPLACEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 23rd day of February, 2016 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and TAIT & ASSOCIATES, INC., a California corporation ("Consultant"), whose
address is 701 Parkcenter Drive, Santa Ana, CA 92705, 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 Engineering design services for Newport
Heights Alley Replacement and sewer repair ("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 December 31, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Work contained in the Request for Proposals ("RFP") for the Project and the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). The Scope of Work contained in the RFP for the Project and the Scope of
Services attached hereto as Exhibit A shall collectively be known as Exhibit A. City may
elect to delete certain Services within the Scope of Services at its sole discretion.
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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 One Hundred
Ninety Five Thousand Six Hundred Forty Five Dollars and 00/100 ($195,645.00),
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.
Tait & Associates, Inc. Page 2
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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 Jacob Vandervis 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 community professional standards
Tait & Associates, Inc. Page 3
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and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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 legally recognized professional standards.
8.2 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.
8.3 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, 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.
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
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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
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
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the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as othen/vise 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
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
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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
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
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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 foreseeat)ly be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
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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
PC 80x1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jacob Vandervis
Tait & Associates, Inc.
701 Parkcenter Drive
Santa Ana, CA 92705
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
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such default, and thereafter diligently take steps to cure the default, the non-defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions. City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination.
Consultant shall deliver to City all reports. Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing
rate of per diem wages including legal holidays and overtime Work for each craft or type
of workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the
Work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the Agreement. A copy of said determination is available by calling
the prevailing wage hotline number (415) 703-4774, and requesting one from the
Department of Industrial Relations. The Contractor is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site the
prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation
thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
Tait & Associates, Inc. Page 10
8-14
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.4 Intearated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severabilitv. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controllina Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal OoDOrtunitv Emplovment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attornevs' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Tait & Associates, Inc. Page 11
8-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR^Y',S OFFICE
Date
Aaron C. Harp
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:_
Diane B. DIxon
Mayor
CONSULTANT: Talt & Associates, Inc., a
California corporation
Date:
By:.
LeIlanI I. Brown
City Clerk
By:.
Jacob Vandervis
Vice President
Date:
By:.
Jason Jones
Assistant Secretary
[END OF SIGNATURES]
Attachments:Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Talt & Associates, Inc.Page 12
8-16
EXHIBIT A
SCOPE OF SERVICES
Tait & Associates, Inc. Page A-1
8-17
TAIT & Associates, Inc.
Engineering Design Services for Newport Heights Sewer Repair & Alley Replacement Project
General Scope of Work
in an effort to keep the proposal concise and to the point, the following scope refiects only the
clarifications, additions and commentary on each task presented in the RFP. All other task details will be
referenced to the RFP's scope of work.
It is assumed that Phasel Alley Sewer Repairs and phase 2A/2B Alley Replacements will be conducted
concurrently. All research, meetings, base mapping, and utility correspondence hours will be billed
under the Phase 2A/2B Alley Replacements.
1) PHASE 1 ALLEY SEWER REPAIRS
Task 1 Review CCTV Video
This task includes the hours necessary to review the City provided CCTV videos, and correlate the City
provided CCTV video notes with the stationing/data observed in the videos. TAIT will review the
provided videos and will provide any additional recommendations or comments regarding necessary
repairs or observations that are noted during our review. All notes and comments will be compiled in a
tabular format and will be saved in the project folder. This task also includes the hours necessary to
coordinate with City staff in order to review previous recommendations and to discuss recommended
repairs for the sewer main.
Deliverables:
^ CCTV Video Notes & Recommendations
Task 2 Field Review & Verification
This task is for added hours required to verify the existing field conditions as it relates to the sewer
facilities and the adjacent utility and private improvements. This work item will be conducted in
conjunction with Phase 2, Task 3.
Deliverables:
^ Field Notes & Photos
Tasks Plans
Based on our review of the project limits and scope of work, the following is the anticipated page count
for the Phase 1 sewer repair design plans:
SHEET DESCRIPTION SCALE Phase 1
SHEET COUNT
Title Sheet N/A 1 Sheet
Details, Typical Sections, & Notes Varies 2 Sheets
Sewer Main Rehabilitation Plans (Plan View Only)1"= 20'10 Sheets
Total Sheet Count 13 Sheets
A brief description of each plan and submittal component is as follows:
I TAIT
Page I 1
8-18
TAIT & Associates, Inc.
.. _ Engineering Design Services for Newport Heights Sewer Repair & Alley Replacement Project
Title Sheet
The title sheet will be prepared on the City's standard title block and will include a vicinity map, legend,
sheet index, general notes, and signature blocks for all applicable agency and project management staff.
Utility contact info, and other City requested items will be added to the title sheet as needed.
Details, Typical Sections, & Notes
General project notes, a master list of construction notes, and typical/construction details will be
included on these sheets that depict the nature of the sewer replacements. Construction details will be
prepared for necessary work items that cannot be built by standard plan, or do not have adequate space
on the plan sheets for the necessary callouts.
Sewer Main Rehabilitation Plans
Sewer Main Rehabilitation Plans will be prepared for the entire Phase 1 Alley project limits with a 1"=20'
horizontal scale. Existing topographic, right of way, and utility basemaps will be depicted on the plan
sheets. Sewer main stationing will be called out based on the centerline roadway stationing of the alleys
with locations of lateral replacements, sewer slip lining, and localized spot repairs called out on plan by
stationing and limits. All design for the sewer main rehabilitation plans will be done in plan view and
elevation/profiles are not included in the design hours. All lateral replacements will be designed per the
City of Newport Beach standard plans which will include the installation of a new sewer clean out at the
existing property line.
QA/QC, PREPARE & SUBMIT 70%, 95%, & 100% PS&E SUBMITTAL
Prior to submittal of the 70% Plans & Estimate set, TAIT will conduct a full QA/QC review of the
submittal package per our QA/QC plan. All hours associated with the QA/QC review, preparing the
submittal package, and delivering and coordinating submittal materials to the City are included in this
sub-task.
Each submittal set will include the required number and format of plans, specifications, estimates and
reports as stated in the RFP.
Deliverables:
^ 70% Plans & Estimate Submittal Package (PDF Submittals)
^ 95% PS&E Submittal Package (PDF Submittals)
100% PS&E Submittal Package (PDF Submittals)
Task 4 Special Provisions
This sub-task includes all hour associated with the preparation, submittal, and revision of the project
specifications, per City and RFP standards, for the 70%, 95%, and 100% Submittal Package. All project
specifications will be prepared per the SPPWC Green Book Format with clear and extensive payment
clauses for each work item as stated in the construction bid proposal document.
Deliverables:
^ 70% Bid Proposal Document Only (PDF Submittals)
^ 95% Full Specifications (PDF Submittals)
100% Full Specifications (PDF Submittals)
Page I 2
TAIT
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^g vf "1'^ ^ Associates, Inc.
Engineering Design Services for Newport Heights Sewer Repair & Alley Replacement Project
Task 5 Cost Estimate
This sub-task includes all hour associated with the preparation, submittal, and revision of engineers cost
estimate (formatted to match the bid proposal), as well as the construction quantity sheets per the City
and RFP standards, for the 70%, 95%, and 100% Submittal Package.
Deliverables:
V 70% Cost Estimate (PDF Submittals)
^ 95% Cost Estimate (PDF Submittals)
100% Cost Estimate (PDF Submittals)
Task 6 Bid Proposal
This sub-task includes the hours required to prepare the bid proposal as well as rout and submit the final
bid documents to the City for signatures. TAIT will plot a final mylar title sheet of the plans for
signatures, scanning and submittal to the City along with signed specifications and cost estimate.
Deliverables:
Final, Signed, Bid PS&E (Hard & Digital Copies)
Task 7 Pre-Construction Meeting
TAIT will attend the project pre-construction meeting and will respond to any questions received during
or after the meeting.
Deliverables:
Notes from Pre-Construction Meeting
^ Correspondence Records
Tasks Submittal Review
TAIT will review applicable shop drawings and submittals that are forwarded to our offices. A total of 10
hours has been assumed for this task.
Deliverables:
Submittal response/notes
Task 9 RFI/Field Verifications
TAIT will conduct field verifications and will provide written responses to RFIs as part of this work item.
A total of 12 hours has been assumed for this task.
Deliverables:
Response to RFIs (memo format)
^ Field Walk Notes (As Needed)
Task 10 As-Builts
This sub-task includes all hours necessary to transfer the contractor and construction inspector"s red line
documents to the design CAD file and prepare the final As-Built documents per City requirements. TAIT
will draft revision clouds around all construction revisions, and will submit a Bond and PDF copy of the
final As-Builts for the City's records.
Deliverables:
As-Built Plans (Hard & Digital CAD/PDF Format)
Page I 3
TAIT
8-20
TAIT & Associates, Inc.
Engineering Design Services for Newport Heights Sewer Repair & Alley Replacement Project
2) PHASE 2A & PHASE 2B ALLEY RECONSTRUCTION
Task 1: Research & Data Collection
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
This sub-task includes all hours necessary to conduct existing records research, verify design standards
and requirements, document existing site conditions, and compile all record documents fortracking and
transfer to City.
Deliverables:
^ Compiled Existing Records (Design Files)
Task 2: Utility Coordination
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
It is understood that the City has already distributed first notices for this project. TAIT will review all
provided material and will Incorporate the utility records to the project Utility Base. Upon completion of
the 70% plans, TAIT will prepare and forward a draft 2"'' Notice Letter along with a utility mail merge
document to agency staff for printing and signing of the documents. If possible, email notices will be
sent to all applicable utilities for quick processing. Utilities without email contact addressed will be
notified through US mail. All utilities identified with conflicts will be sent a conflict notice and the
relocations will be coordinated by TAIT.
Deliverables:
^ Utility Information Matrix
^ Utility Coordination Log & Records
y/ 2"'^ Utility Notices (Required)
3rd gj 4th utility Notices (As Needed)
Task 3 Field Surveying Verification
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
This sub-task includes all hours necessary to obtain and review City provided survey data, plot the data,
and to conduct a field verification walk to review each alley and note the field join conditions, design
items, and key features at each alley locations. The design field walk will Include an ADA verification of
each applicable curb ramp/intersectlon as well as Identifying all sidewalk, curb and gutter, utility, and
other miscellaneous work items in the field. The field review will also be used to verify existing records
and to document the locations of work items prior to the completion of the final design plans for the
project.
Deliverables:
^ Field Notes & Photos
^ Join condition notes & Recommendations
Task 4 Base Mapping
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
This sub-task includes all hours necessary to prepare the roadway, right of way, and utility base map for
the alley replacement project. TAIT will format and update the Gulda topo survey to create the roadway
base mapping for our design. The right of way basemap will be created from the centerllne basemap
provided by Guida and the City's right of way records. The Utility basemap will be created for the
I P a g e I 4
ll TAIT
8-21
'■tm*
TAIT & Associates, Inc.
Engineering Design Services for Newport Heights Sewer Repair & Alley Replacement Project
existing records provided by the City and the utility notices. All data will be shown on each plan set and
appropriate callouts will be provided for the existing features/utilities throughout the project limits.
Areas where record right of way and utility information may not be available or is conflicting with other
record documents will be reviewed with City staff.
Deliverables:
^ 20 Scale Roadway, R/W, & Utility Basemap (.dwg)
Tasks Plans
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
Based on our review of the project limits and scope of work, the following is the anticipated page count
for the design plans:
SHEET DESCRIPTION SCALE Phase 2A
SHEET COUNT
Phase 28
SHEET COUNT
Title Sheet N/A 1 Sheet 1 Sheet
Details, Typical Sections, & Notes Varies 2 Sheets 2 Sheets
Alley Replacement Plan & Profile
(Including Design Sections)
H: 1" = 20'
V: 1"= 2'or 4'
30 Sheets 22 Sheets
Intersection/Alley Approach Details
II
O
7 Sheets 4 Sheets
Signing & Striping Plans TBD 1 Sheets 1 Sheet
Total Sheet Count 41 Sheets 30 Sheets
A brief description of each plan and submittal component is as follows:
Title Sheet
The title sheet will be prepared on the City's standard title block and will include a vicinity map, legend,
sheet index, general notes, and signature blocks for all applicable agency and project management staff.
Utility contact info, and other City requested items will be added to the title sheet as needed.
Details. Tvoical Sections, & Notes
General project notes, a master list of construction notes, and typical alley sections will be included on
these sheets that depict the nature of the alley replacement based on the proposed stationing and
intersecting streets.
Construction details will be prepared for all work items that cannot be built by standard plan, or do not
have adequate space on the plan and profile sheet for the necessary elevation callouts. Additional
typical details will be included for pavement transitions, slot paving, pavement reconstruction sections,
and other miscellaneous construction items that require further detailing.
Allev Replacement Plan & Profile
Alley replacement plan & profile sheets will be prepared for the entire project limits with a 1"=20'
horizontal and a 1"=2' or 4' vertical scale based on the elevation relief observed throughout each alley.
Edge of Alley, and Flow Line profiles for the alley will be shown in the profile along each alley's project
limits. Careful attention will be paid to existing and proposed alley cross falls to ensure that low points
Page I 5
i TAIT
8-22
'Lh j
TAIT & Associates, Inc.
Engineering Design Services for Newport Heights Sewer Repair & Alley Replacement Project
and steep grades are avoided. All construction work items will be referenced to the alley centerline
stationing system
As part of the design process, Civil 3DF corridors will be set up and designed to calculate and depict the
proposed design cross falls and elevations. Design sections will be plotted and submitted to the City for
review during the 70% submittal phase. Design sections are intended only for design review, and will
not be formatted for construction documents/final production.
Intersection/Allev Approach Details
At each alley approach, TAIT will prepare an elevation detail for the approach detailing the roadway and
alley flow lines as well as the edge join elevations. ADA paths, where present, will also be details.
Should an intersection reconstruction be required, gridded elevation details will be prepared that call
out the finished surface elevation of the intersection at a lO'xlO' grid.
Signing & Striping Plans
It is understood that an overall signing and striping plan will be required for each project phase to depict
the required stop bars, signs, or refreshment striping that must be incorporated during the construction
phase. TAIT will work with City staff to identify the limits and extends of the required striping
improvements and will prepare a large scale drawing (80 to 100 scale) to depict the required striping
improvements. It was noted during the site walk that the only striping was existing red curbs at each
alley intersection extending approximately 15' in each direction in order to provide site distance for
turning vehicles.
QA/QC. PREPARE & SUBMIT 70%. 95%, & 100% PS&E SUBMITTAL
Prior to submittal of the 70% PS&E set, TAIT will conduct a full QA/QC review of the submittal package
per our QA/QC plan. All hours associated with the QA/QC review, preparing the submittal package, and
delivering and coordinating submittal materials to the City are included in this sub-task.
Each submittal set will include the required number and format of plans, specifications, estimates and
reports as stated in the RFP.
Deliverables:
z' 70% Plans & Estimate Submittal Package (PDF Submittals)
95% PS&E Submittal Package (PDF Submittals)
100% PS&E Submittal Package (PDF Submittals)
Task 6 Special Provisions
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
This sub-task includes all hour associated with the preparation, submittal, and revision of the project
specifications, per City and RFP standards, for the 70%, 95%, and 100% Submittal Package. All project
specifications will be prepared per the SPPWC Green Book Format with clear and extensive payment
clauses for each work item as stated in the construction bid proposal document.
Deliverables:
^ 70% Bid Proposal Document Only (PDF Submittals)
95% Full Specifications (PDF Submittals)
100% Full Specifications (PDF Submittals)
Page I 6
TAIT
8-23
TAIT & Associates, Inc.
Engineering Design Services for Newport Heights Sewer Repair & Alley Replacement Project
Task 7 Cost Estimate
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
This sub-task includes ail hour associated with the preparation, submittal, and revision of engineers cost
estimate (formatted to match the bid proposal), as well as the construction quantity sheets per the City
and RFP standards, for the 70%, 95%, and 100% Submittal Package.
Deliverables:
70% Cost Estimate (PDF Submittals)
95% Cost Estimate (PDF Submittals)
^ 100% Cost Estimate (PDF Submittal)
Task 8 Bid Proposai
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
This sub-task includes the hours required to prepare the bid proposal as well as rout and submit the final
bid documents to the City for signatures. TAIT will plot a final mylartltle sheet of the plans for
signatures, scanning and submittal to the City along with signed specifications and cost estimate.
Deliverables:
^ Final, Signed, Bid PS&E (Hard & Digital Copies)
Task 9 Progress Meetings
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
Based on our proposed schedule, design team meetings at submittals/Plan checks to review and discuss
the project as well as the required kickoff meeting are in addition to the 6 team meetings which will be
budgeted for. TAIT will coordinate with City staff during the lift of the project and will attend up to 6
additional meetings to meet and discuss the project requirements. All meetings will be held at City Hall
and TAIT will prepare all necessary agendas/meeting minutes.
Deliverables:
^ Meeting Agenda & Minutes
Task 10 Pre-Construction Meeting
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
Per RFP requirements, TAIT will attend the project pre-construction meeting and will respond to any
questions received during or after the meeting.
Deliverables:
Notes from Pre-Construction Meeting
^ Correspondence Records
Task 11 Submittal Review
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
Per RFP requirements, TAIT will review applicable shop drawings and submittals that are forwarded to
our offices. A total of 10 hours has been assumed for this task.
Deliverables:
Submittal response/notes
Page I 7
TAIT
8-24
\i TAIT & Associates, Inc.
Engineering Design Services for Newport Heights Sewer Repair & Alley Replacement Project
Task 12 RFI/Field Verifications
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
Per RFP requirements, TAIT will conduct field verifications and will provide written responses to RFIs as
part of this work item. A total of 12 hours has been assumed for this task.
Deliverables:
Response to RFIs (memo format)
^ Field Walk Notes (As Needed)
Task 13 As-Builts
TAIT hereby accepts and incorporates the City's scope of work for this item in to our proposal.
This sub-task includes all hours necessary to transfer the contractor and construction inspector's red line
documents to the design CAD file and prepare the final As-Built documents per City requirements. TAIT
will draft revision clouds around all construction revisions, and will submit a Bond and PDF copy of the
final As-Builts for the City's records
Deliverables:
^ As-Built Plans (Hard & Digital CAD/PDF Format)
Alternate Work Items
The following are alternate work items proposed as part of TAIT's scope of work. No work will be
conducted on the following work items without the City's written notice to proceed.
Task A-1 Pickup Tope Survey (1 Day)
As part of our design services, should additional survey data be required, and Guida's services are not
available, TAIT will provide additional topographic pickup services to the City on a day by day basis. The
pickup survey assumes a full day's work of pickup survey, and the office tie to process/update the base
map with the given field data. Should the City only require a half a day's work, TAIT will work with City
staff to update the proposed work item based on TAIT's crew availability.
Deliverables:
vT Survey Pickup Data (.dwg files)
Page I 8
TAIT
8-25
EXHIBIT B
SCHEDULE OF BILLING RATES
Tait & Associates, Inc. Page B-1
8-26
NE
W
P
O
R
T
HE
I
G
H
T
S
AL
L
E
Y
RE
P
L
A
C
E
M
E
N
T
PR
O
J
E
C
T
(C
-
6
1
8
0
)
PR
O
J
E
C
T
FI
N
A
N
C
I
A
L
SU
M
M
A
R
Y
To
t
a
l
Estimated Fee: $ 191,750
To
t
a
l
Es
t
i
m
a
t
e
d
Fe
e
+ Otpional ltems: $ 195,645
BI
L
L
I
N
G
RA
T
E
S
17
5
19
5
15
0
13
0
10
5
85
17
5
13
0
20
5
TOTAL PROJET COSTS
TA
S
K
WO
R
K
PM
QA
/
Q
C
Pr
o
j
e
c
t
De
s
i
g
n
e
r
De
s
i
g
n
e
r
Su
r
v
e
y
Su
r
v
e
y
2-
M
A
N
item Totals
#
TA
S
K
En
g
i
n
e
e
r
II
i
Ad
m
i
n
PM
De
s
i
g
n
e
r
Cr
e
w
Ex
p
e
n
s
e
HOURS BILLABLE
1)
Ph
a
s
e
1
Se
w
e
r
Re
p
a
i
r
s
1
Re
v
i
e
w
CG
T
V
Vi
d
e
o
4
20
20
$
44 $ 5,800
2
Fi
e
l
d
Re
v
i
e
w
&
Ve
r
i
f
i
c
a
t
i
o
n
8
8
$
16 $ 2,040
3
Pl
a
n
s
22
4
49
13
4
10
$
219 $ 26,900
Ti
t
l
e
Sh
e
e
t
1
1
4
$
6 $ 745
No
t
e
s
&
De
t
a
i
l
s
Sh
e
e
t
2
4
12
$
18 $ 2,210
Se
w
e
r
Ma
i
n
Re
h
a
b
l
l
l
t
a
t
o
l
n
Pl
a
n
s
16
32
94
$
142 $ 17,470
1s
t
Su
b
m
l
t
t
a
l
1
2
4
8
4
$
19 $2,345
2n
d
Su
b
m
l
t
t
a
l
1
1
4
8
4
$
18 $2,150
Fi
n
a
l
Su
b
m
l
t
t
a
l
1
1
4
8
2
$
16 $1,980
4
Sp
e
c
i
a
l
Pr
o
v
i
s
i
o
n
s
4
2
20
$
26 $4,090
5
Co
s
t
Es
t
i
m
a
t
e
2
2
4
8
$
16 $2,180
6
Bi
d
Pr
o
p
o
s
a
l
4
8
$
12 $1,540
7
Pr
e
-
C
o
n
s
t
r
u
c
t
l
o
n
Me
e
t
i
n
g
2
2
$
4 $650
8
Su
b
m
l
t
t
a
l
Re
v
i
e
w
4
8
$
12 $1,900
9
RF
I
/
F
l
e
l
d
Ve
r
i
f
i
c
a
t
i
o
n
s
4
8
$
12 $1,900
10
As
-
B
u
i
l
t
s
2
4
16
$
22 $2,630
SU
B
T
O
T
A
L
48
8
12
3
0
19
4
10
0
0
0
0 383 $49,630
2)
Ph
a
s
e
2A
&
Ph
a
s
e
2B
Al
l
e
y
Re
c
o
n
s
t
r
u
c
t
i
o
n
1
Re
s
e
a
r
c
h
&
Da
t
a
Co
l
l
e
c
t
i
o
n
4
16
2
$
22 $ 2,450
2
Ut
i
l
i
t
y
Co
o
r
d
i
n
a
t
i
o
n
4
12
$
16 $1,860
3
Fi
e
l
d
Su
r
v
e
y
i
n
g
Ve
r
i
f
i
c
a
t
i
o
n
4
16
$
20 $3,100
4
Ba
s
e
Ma
p
p
i
n
g
1
4
24
$
29 $3,295
5
Pl
a
n
s
45
8
29
8
48
0
10
$
841 $105,385
Ti
t
l
e
Sh
e
e
t
1
2
8
$
11 $1,315
Ty
p
i
c
a
l
Se
c
t
i
o
n
/
D
e
t
a
i
l
s
2
8
20
$
30 $3,650
Al
l
e
y
Pl
a
n
&
Pr
o
f
i
l
e
24
24
0
34
0
$
604 $75,900
In
t
e
r
s
e
c
t
i
o
n
De
t
a
i
l
s
8
24
80
$
112 $ 13,400
Si
g
n
i
n
g
&
St
r
i
p
i
n
g
4
8
$
12 $ 1,540
1s
t
Su
b
m
l
t
t
a
l
2
4
8
8
4
$
26 $ 3,510
2n
d
Su
b
m
l
t
t
a
l
2
2
8
8
4
$
24 $ 3,120
Fi
n
a
l
Su
b
m
l
t
t
a
l
2
2
8
8
2
$
22 $ 2,950
6
Sp
e
c
i
a
l
Pr
o
v
i
s
i
o
n
s
8
2
24
$
34 $ 5,390
7
Co
s
t
Es
t
i
m
a
t
e
2
2
8
16
$
28 $3,620
8
Bi
d
Pr
o
p
o
s
a
l
4
8
$
12 $1,540 Page 1 8-27
NE
W
P
O
R
T
HE
I
G
H
T
S
AL
L
E
Y
RE
P
L
A
C
E
M
E
N
T
PR
O
J
E
C
T
(C
-
6
1
8
0
)
PR
O
J
E
C
T
FI
N
A
N
C
I
A
L
SU
M
M
A
R
Y
To
t
a
l
Estimated Fee: $ 191,750
To
t
a
l
Es
t
i
m
a
t
e
d
Fe
e
+ Otplonal ltems: $ 195,645
BI
L
L
I
N
G
RA
T
E
S
17
5
19
5
15
0
1
3
0
10
5
85
17
5
13
0
20
5
TOTAL PRO JET COSTS
TA
S
K
#
WO
R
K
TA
S
K
PM
QA
/
Q
C
Pr
o
j
e
c
t
En
g
i
n
e
e
r
De
s
i
g
n
e
r
II
De
s
i
g
n
e
r
1
Ad
m
i
n
Su
r
v
e
y
PM
Su
r
v
e
y
De
s
i
g
n
e
r
2-
M
A
N
Cr
e
w
Ex
p
e
n
s
e
Item Totals HOURS BILLABLE
9
Pr
o
g
r
e
s
s
Me
e
t
i
n
g
s
24
8
$
32 $ 5,400
10
Pr
e
-
C
o
n
s
t
r
u
c
t
l
o
n
Me
e
t
i
n
g
2
2
$
4 $ 650
11
Su
b
m
l
t
t
a
l
Re
v
i
e
w
4
8
$
12 $ 1,900
12
RF
I
/
F
i
e
l
d
Ve
r
i
f
i
c
a
t
i
o
n
s
4
8
$
12 $ 1,900
13
As
-
B
u
i
l
t
s
2
4
16
^
$
22 $ 2,630
SU
B
T
O
T
A
L
10
0
12
38
8
0
57
2
12
0
0
0
0 1,084 $ 139,120
BA
S
E
FEE SUB-TOTAL $ 188,750 REIMBURSABLES: $ 3,000
TO
T
A
L
ESTIMATE FEE $ 191,750
BI
L
L
I
N
G
RA
T
E
S
19
5
1
8
5
16
5
18
5
95
80
14
0
1
2
0
18
5
TA
S
K
#
WO
R
K
TA
S
K
PM
/
PR
I
N
.
OA
/
A
C
PE
De
s
i
g
n
e
r
II
De
s
i
g
n
e
r
1
Ad
m
i
n
Su
r
v
e
y
PM
Su
r
v
e
y
De
s
i
g
n
e
r
2-
M
A
N
Cr
e
w
Ex
p
e
n
s
e
ITEM TOTALS HOURS 1 BILLABLE
Op
t
i
o
n
a
l
It
e
m
s
1-
A
Pi
c
k
u
p
To
p
o
Su
r
v
e
y
(1
Da
y
)
1
16
8
$
25 $ 3,895
SU
B
T
O
T
A
L
0
0
0
0
0
0
1
18
8
0 25 $ 3,895
TO
T
A
L
BA
S
E
FE
E
+
OPTIONAL ITEMS; $ 195,645
AS
S
U
M
P
T
I
O
N
S
:
1)
Se
w
e
r
Pl
a
n
s
ar
e
ba
s
e
d
on
1"
=
20
'
pl
a
n
s
at
an
as
s
u
m
e
d
10
sh
e
e
t
s
of
pl
a
n
vi
e
w
on
l
y
(t
h
r
e
e
vi
e
w
p
o
r
t
s
pe
r
sh
e
e
t
)
2)
De
s
i
g
n
ex
c
l
u
d
e
s
al
l
pr
i
v
a
t
e
im
p
r
o
v
e
m
e
n
t
s
an
d
re
p
a
i
r
s
.
Al
l
su
c
h
It
e
m
s
to
be
in
c
l
u
d
e
d
un
d
e
r
co
n
t
r
a
c
t
o
r
s
bi
d
.
3)
De
s
i
g
n
ho
u
r
s
fo
r
se
w
e
r
re
p
a
r
i
s
as
s
u
m
e
s
th
e
al
l
e
y
re
c
o
n
s
t
r
u
c
t
i
o
n
sc
o
p
e
Is
al
s
o
co
n
d
u
c
t
e
d
co
n
c
u
r
r
e
n
t
l
y
CL
I
E
N
T
:
Ci
t
y
of
Ne
w
p
o
r
t
Be
a
c
h
PR
O
J
E
C
T
:
NE
W
P
O
R
T
HE
I
G
H
T
S
AL
L
E
Y
RE
P
L
A
C
E
M
E
N
T
PR
O
J
E
C
T
(C
-
6
1
8
0
)
PR
E
P
A
R
E
D
BY
:
D
S
20
1
5
.
1
2
.
2
3
Page 2 8-28
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. Coveraae Reouirements.
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 Llabilitv 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 Liabilitv 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.
Tait & Associates, Inc. Page C-1
8-29
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. Primarv and Non Contributorv. 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.
Tait & Associates, Inc. Page C-2
8-30
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. Citv 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. Timelv 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
Tait & Associates, Inc. Page C-3
8-31
judgment may be necessary for its proper protection and prosecution of
the Work.
Tait & Associates, Inc. Page C-4
8-32