HomeMy WebLinkAbout05 - CdM Concrete Pavement Reconstruction – Poppy Avenue and Ocean Boulevard Approval of PSA (17R12)5-1
NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
April 26, 2016
Agenda Item No. 5
ABSTRACT:
Staff requests approval of Amendment No. 3 to Rick Engineering Company’s
Professional Services Agreement to prepare final plans, specifications and construction
documents for the replacement of the concrete streets on Poppy Avenue and Ocean
Boulevard in Corona del Mar.
RECOMMENDATION:
Approve Amendment No. 3 to the Professional Services Agreement (PSA) (C-5866)
with Rick Engineering Company of Lake Forest, California, for the Corona del Mar
Concrete Pavement Reconstruction – Poppy Avenue and Ocean Boulevard project at a
not-to-exceed price of $196,370.00 and authorize the Mayor and City Clerk to execute
the amendment.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this contract amendment. It
will be expensed to the General Fund account in the Public Works Department, 17R12-
Design –010-unassigned.
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY:Patrick Arciniega, Senior Civil Engineer,
parciniega@newportbeachca.gov
PHONE:949-644-3347
TITLE:Corona del Mar Concrete Pavement Reconstruction – Poppy
Avenue and Ocean Boulevard Approval of Professional Services
Agreement with Rick Engineering (17R12)
Corona del Mar Concrete Pavement Reconstruction
April 26, 2016
Page 2
5-2
DISCUSSION:
The existing concrete streets on Poppy Avenue and Ocean Boulevard were constructed
in the 1920’s and have deteriorated and reached the end of their useful life. Concrete
pavements are extremely durable and have a long service life. The entire street
pavement as well as deteriorated sections of concrete curb and gutter, alley approaches
and access ramps that connect to the streets will be reconstructed to current standards
and Americans with Disability Act (ADA) standards.
This street replacement project is included in the current adopted FY 15/16 Capital
Improvement Program and the location is shown in Attachment A. In addition to street
reconstruction, this project will address the reforestation of Poppy Avenue. Last
September, the City removed many diseased canopy trees and committed to work with
the neighborhood for the replacement of those, and the remaining street trees. Public
Works and Operations staff then hosted several community and individualized meetings
with residents of Poppy Avenue and Ocean Boulevard to discuss and plan for
reforestation of Poppy Avenue.
Rick Engineering Company was selected and has served as the preliminary design
consultant for stretches of Ocean Boulevard and Poppy Avenue reconstruction starting
in 2014. Over the course of the last two years, Rick Engineering prepared several
design concepts and renderings for Ocean Boulevard between Goldenrod and
Carnation Avenues which were shared at various community meetings. Initial efforts
focused on Ocean Boulevard between Goldenrod and Carnation Avenues. At a
community meeting in Summer 2015, it was apparent that more outreach for design of
this section would be required. The necessary removal of diseased eucalyptus trees
this past fall on Poppy Avenue required staff to re-focus Rick Engineering’s design effort
to reconstruct and reforest Poppy Avenue and a segment of Ocean Boulevard between
Poppy and Marguerite.
Design efforts to date included the original Professional Service Agreement totaling,
$31,800 and two amendments totaling $13,840. Last fall after several meetings,
community consensus was obtained for the new design concepts and plant palettes on
Poppy Avenue. Staff is now ready to move forward with final plans, specifications and
estimates. The design will address the rehabilitated concrete pavement on Poppy
Avenue and Ocean Boulevard, ADA improvements, as well as the reforestation and
decorative landscaping on Poppy Avenue. The design efforts should move quickly and
construction is planned for Fall 2016.
The proposed fee for these design services is $150,730 for a total “not-to-exceed”
Agreement amount of $196,370.00. 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).
Corona del Mar Concrete Pavement Reconstruction
April 26, 2016
Page 3
5-3
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.
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 Rick Engineering Company
SC
A
L
E
:
N
T
S
OCEAN BLVD - POPPY AVE
PUBLIC WORKS DEPARTMENT
17R12 4/26/16
PAVEMENT RECONSTRUCTION
CORONA DEL MAR CONCRETE
LOCATION MAP
ATTACHMENT A
5-4
ATTACHMENT B
5-5
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH GLENN A. RICK ENGINEERING DEVELOPMENT CO. DBA RICK
ENGINEERING COMPANY FOR
ENGINEERING AND LANDSCAPE ARCHITECTURE SERVICES ON OCEAN
BOULEVARD AND POPPY AVENUE
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 26th day of
April, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and GLENN A. RICK
ENGINEERING DEVELOPMENT CO., a California corporation doing business as
("DBA") RICK ENGINEERING COMPANY, ("Consultant"), whose address is 5620 Friars
Road, San Diego, California 92110, and is made with reference to the following:
RECITALS
A. On May 14, 2014, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide engineering and landscape architecture
services on Ocean Boulevard and Poppy Avenue in Corona del Mar and prepare
conceptual designs for the two streets ("Project").
B. On July 15, 2014, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional Services not previously
included in the Agreement and to increase the total compensation.
C. On September 24, 2016, City and Consultant entered into Amendment No. Two
to the Agreement ("Amendment No. Two") to reflect additional Services not
included in the Agreement, as amended, to extend the term of the Agreement to
June 30, 2016 and to increase the total compensation.
D. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to June 30, 2018, to increase the total compensation and to update
Insurance Requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2018, unless terminated earlier as set forth herein."
5-6
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services and Schedule of Billing Rates, attached hereto as Exhibit A and incorporated
herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to
Amendment No. One, Exhibit A to Amendment No. Two and Exhibit A to Amendment
No. Three shall collectively be known as "Exhibit A." The City may elect to delete
certain Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Six Thousand Three Hundred Seventy Dollars and 00/100 ($196,370.00},
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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Fifty Thousand Seven Hundred Thirty Dollars and 00/100
($150,730.00}.
4. INSURANCE REQUIREMENTS
Exhibit C to the Agreement shall be amended in its entirety and replaced with
Exhibit C-1, attached hereto and incorporated herein by reference.
5. 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.
[SIGNATURES ON NEXT PAGE]
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page 2
5-7
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT J/jl?ff'S OFFICE
Date: (I U'
~[\{\ ~L--
By: C"{ V \ \J\;
Aaron C . Harp
City Attorney
ATTEST:
Date : ·--------------
By:. _______________ _
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date : -----------------
By: ________________________ _
Diane B. Dixon
Mayor
CONSULTANT: Glenn A . Rick
Engineering Development Co., a California
corporation DBA Rick Engineering
Company
Date: -----------------
By:. ____________ _
Kai E . Ramer, P.E .
Vice President
Date: ---------
By:. __ ~-~-~~----
Dennis C . Bowling, P.E .
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -Scope of Services and Schedule of Billing Rates
Exhibit C-1 -Insurance Requirements
Glenn A. Rick Engineering Development Co . DBA Rick Engineering Company Page 3
5-8
EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE OF BILLING RATES
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page A-1
5-9
RICK
ENGINEERING COMPANY
April 6, 2016
Mr. Michael Sinacori
Assistant City Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884 Email: msinacori@newport-beach.ca.gov
SUBJECT: CONTRACT ADDENDUM NO. 3 FOR ADDITIONAL SERVICES
(CONSTRUCTION DOCUMENTS) ON POPPY A VENUE, NEWPORT BEACH,
CA (REC J-17218)
Dear Mike:
Rick Engineering Company presents this contract addendum per your request to prepare
construction documents for the reconstruction of Poppy Avenue between PCH and Ocean
Boulevard. Our Addendum No. 3 proposal is based on the Poppy A venue Alternative III Concept
Plan, prepared by Rick Engineering Company dated December 7, 2015, and your comments on said
Concept Plan received on March 7, 2016.
Our understanding of the project is that Poppy Avenue between Pacific Coast Highway (PCH) and
Ocean Boulevard, approximately 1,400 l.f., will be reconstructed full-width within the public right
of way to include parkways, curb, gutter, sidewalk, and structural section. Adjacent existing private
improvements, some within the 1' buffer-zone in the right of way, will be protected as feasible and
connected to the roadway reconstruction work. Also, included is the reconstruction of Ocean
Boulevard between Poppy Avenue and Margarite, approximately 1,500 l.f. The reconstruction on
Ocean Boulevard will be mainly the pavement section between the existing curbs, with curb being
replaced where broken. The ADA ramps within the full project limits on both Poppy and Ocean will
be surveyed for compliance with ADA and those not meeting current ADA guidelines will be
detailed for reconstruction and/or replacement.
We have included two subconsultants on our team to facilitate the required work. They are:
• Coast Surveying for topographical surveys. Coast Surveying prepared the topographical
and right of way survey on Poppy A venue used for the concept design phase under a
separate contract with the City of Newport Beach. It is noted that the earlier survey
performed by Coast Surveying in this area for the City did not include the portion of this
project on Ocean Boulevard.
• GMU Geotechnical for structural section design. GMU has worked with the City of
Newport Beach recently.
2 South Pointe Drive. Suite 275 • lake Forest, California 92630 • (949) 588-0707 • FAX: (949) 588-0709 • rickcnginecring.com
ORANGE SAN DIEGO RIVERSIDE SACRAMENTO SAN LUIS OBISPO BAKERSFIELD PHOENIX TUCSON
5-10
Mr. Michael Sinacori, City of Newport Beach
Contract Addendum-Poppy Avenue, Construction Documents
Page2 of5 April 06, 2016
Our work is more defined as follows:
L Scope ofWork
A. Research and Data Collection -We will gather and review available information such as
preliminary engin~ering reports, record drawings, assessor's parcel maps, right-of-way
maps, street centerline ties, and utility maps.
B. Utility Coordination-RICK shall assist City staff with utility coordination. City staff will
request for utility maps and send out utility verification and/or relocation notices. Consultant
shall identity known utilities within project limits on construction drawings. Utility
adjustments and relocations shall be shown on contract drawings.
C. Field Surveying Services-Coast Surveying will perform a topographic/design survey to
supplement, enhance and verify a previously prepared survey on Poppy Avenue. The limits
of the work on Poppy Avenue, in the City of Newport Beach, will extend from Ocean
Boulevard to the Pacific Coast Highway and will include existing tree locations, back of
walks, parkway features such as brick hardscape, concrete pads, etc., driveway cuts,
driveways from Right of Way to 10' back of Right of Way or face of garage, walls and
fences adjacent to Right of Way, private gates, private entry walkways, private walkway
stairs, mailboxes, etc. Additionally, all topographic features such as water valves, manholes,
street lights, trees, traffic and utility pull boxes, etc. shall be included or verified from the
original survey. The survey will be tied horizontally and vertically to existing control
monuments used in the original survey.
Coast surveying will also perform a topographic/design survey of Ocean Boulevard between
Poppy Avenue and Marguerite A venue. The survey will include details within the apparent
Right of Way with cross sections surveyed at 50' intervals. A Right of Way Survey will not
be considered as part of this scope of work.
Should access to any of the private properties where survey data is required be denied by the
property owner, Coast Surveying shall report the address of the property to the client so that
entry may be negotiated.
All survey work performed by Coast Surveying on this project will be done so under the
direct supervision of a Professional Land Surveyor Licensed in the State of California.
The topographic/design survey will be delivered in AutoCAD Civil 3D 2015 per City of
Newport Beach Standard format with contours generated at 1' intervals and merged with the
original topographic survey.
D. Base Mapping -Upon completion of the above items A. through C., RICK will prepare a
base map. The base map shall include, as a minimum, street centerline, right-of-way lines,
sidewalks, curbs, gutters, pavement striping, topographic features, 1-foot contour lines, and
known existing utility lines. The base map will be field verified for accuracy.
E. Geotechnical Engineering -GMU will provide the geotechnical services. This work
includes a site reconnaissance with notifications to Dig Alert prior to field exploration
J-17218 Rick Engineering Company
5-11
Mr. Michael Sinacori, City of Newport Beach
Contract Addendum-Poppy Avenue, Construction Documents
Page 3 of 5 April 06, 2016
drilling operations. We propose to perform two pavement co rings on Poppy A venue; one
within the existing PCC areas and one within the existing AC areas. We propose to perform
four pavement corings on Ocean Boulevard. A total of six pavement corings will be
performed. The corings will be to a maximum of four-feet deep. Traffic control per the
WATCH Manual will be utilized during the field exploration operation. Laboratory testing
will be performed to evaluate various engineering properties of the sub-surface materials.
An engineering analysis will be performed in accordance with the California Highway
Design Manual. A pavement report will be prepared to present a summary of our findings,
conclusions, and repair recommendations. The full geotechnical scope of work is provided
as an attachment to this document for your reference.
F. Construction Documents
J-17218
1. Roadway Plans -Construction drawings shall be at a scale of 1 inch = 20 feet. We
propose drawings at 20-scale to allow for the necessary detail for projects of this type
where there are many project features to tie-in; such as fences, walls, entry walks and
stairs, driveways, mailboxes, etc. For clarity purposes, details may be drawn at a larger
scale. As a minimum, construction drawings shall include, a Title Sheet, Typical
Sections, Plans and Profiles, Details, Intersection Details, and Signing & Striping.
Drawings shall be prepared in AutoCAD 2010 and shall comply with City CAD
standards. Once design has been completed, Consultant shall submit electronic files of
final drawings in AutoCAD and Adobe (PDF) format.
Anticipated plan sheets are:
Title Sheet
Typical Sections and Notes
Misc. Construction Details
Plan & Profile (1 "=20')
Signing & Striping (1 "=40')
Planting Plans and Details
TOTAL
1 ea
2 ea
2 ea
6 ea
2 ea
8 ea
21 sheets
2. Planting Plan -Graphic location and identification of plant materials to be used,
including quantities, sizes, varieties and planting details for site conditions. Three
alternative planting pallets will be depicted in tabular form on the plans for the residents
to choose from. Tree grates will be shown on this plan.
3. Special Provisions -Consultant shall prepare Special Provisions to the Standard
Specifications for Public Works Construction (2009 Edition) in Microsoft Word. An
electronic copy in Microsoft Word format shall be submitted at the completion of
design. City staff will provide the front end boilerplate. Specifications will include
material and installation specifications for landscape irrigation and planting,
establishment period and maintenance. Specifications shall set forth method of
installation and set quality standards for materials and workmanship for the finished
product.
Rick Engineering Company
5-12
Mr. Michael Sinacori, City of Newport Beach
Contract Addendum-Poppy Avenue, Construction Documents
Page 4 of 5 April 06, 2016
4. Cost Estimate-RICK shall prepare an itemized construction cost estimate. Quantity
back-ups shall also be submitted with the cost estimate. We will submit the construction
cost estimate in Microsoft Excel format.
G. Progress Meetings and Project Management -RICK will meet with City staff during the
design process to review and discuss progress and coordinate courses of action. It is
anticipated that a maximum of eight (8) design meetings will be required. This includes the
initial project kick-off meeting. Also, included is the management of the project sub-
consultants project activities and their invoicing.
H. Exhibits -This includes the preparation of exhibits to be used for presentation purposes.
Because it is unknown the number of and type of exhibits that will be required, this work
will be performed on a time and materials basis not to exceed the below listed fee amount
for this line item.
I. City Council Presentations-We will prepare for, attend and present as needed at up to two
(2) City Council meetings.
J. Unforeseen Conditions -This item of work is for unforeseen items of work that may be
required for the completion of the project P.S.&E. This work will be performed at the
direction of the City.
K. Construction Support -Participate in pre-bid and pre-construction meetings, provide
necessary addenda, change orders and site observation visits. Reports pertaining to
plantings during the 90-day establishment period will be prepared. (Based on 40 hours).
This does not include construction inspection services.
L. Prepare of Asbuilt plans. Plans will be based on contractor markups and items noted during
field visits from visual observations that are revisions to the approved plan set.
M. Direct and reimbursable expenses to include such items as printing, plotting, other
reproduction costs, deliveries, and mileage, etc.
Exclusions:
• Preparation of irrigation plans
• Preparation of Traffic Control Plans
• Preparation of Traffic Signal Modification Plans
• Storm Water Drainage Report, Drainage Calculations, and Storm Drain Design
• Water Quality Pollution Plan (WQMP)
• Storm Water Pollution Prevention Plan (SWPPP)
• Construction Inspection Services
Fee
A. Research and Data Collection ..................................................................... $ 2,500
B. Utility Coordination .................................................................................... $ 1,800
C. Field Surveying Services ............................................................................ $16,030
D. Base Map Preparation ................................................................................. $ 3,500
1-17218 Rick Engineering Company
5-13
Mr. Michael Sinacori, City of Newport Beach
Contract Addendum-Poppy Avenue, Construction Documents
Page 5 of 5 April 06, 2016
E. Geotechnical Engineering ........................................................................... $15,700
F. Construction Documents
1. Roadway Plans ...................................................................................... $33,600
2. Planting Plans ....................................................................................... $ 9,900
3. Specifications ........................................................................................ $1 0,600
4. Construction Cost Estimate .................................................................. $ 5,900
G. Progress Meetings and Project Management.. ............................................ $14,500
H. Exhibits ....................................................................................................... $ 4,400
I. City Council Presentations ......................................................................... $ 4,000
J. Unforeseen Conditions ............................................................................... $10,000
K. Construction Support .................................................................................. $11,600
L. Asbuilt Plans ............................................................................................... $ 3,200
M. Reimbursable Expenses .............................................................................. $ 3.500
TOTAL FEE ........................................................................................................... $150,730
The fee for this additional work is $150,730, bringing the total contract amount to $196,370 to
perform work in conjunction with our contract dated May 8, 2014. Other than noted in this
addendum, all provisions of the original contact remain.
Please provide written confirmation of your approval of the above described work as our
authorization to perform these additional services. We sincerely appreciate the opportunities of
working with you and the City of Newport Beach. Please contact me at (949) 588-0707 with any
questions you may have.
Respectfully submitted,
RICK ENGINEERING COMPANY
~~0---
Barry J. Cowan, P.E.
Associate Principal, Office Manager
RCE No. 46568, Exp. 06/30/17
BJC:
Copy: Patrick Arciniega, P.E. parciniega@newportbeachca.gov
Attachment: Project Initial Schedule
GMU Proposal
J-17218 Rick Engineering Company
5-14
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5-15
Mr. B arry J . Cowan, PE
Associate Principal
Rick Engineering Company
2 South Pointe Drive, Suite 275
Lake Forest , California 92630
March 21, 2016
2324 1 Ar royo Vista
Rancho Santa Margarita
CA 92666
vo ice: 949.666.65 13
fax: 949.666.1360
web : www.gm ugeo.com
GMU Project P-1605 3Rl
Subj ec t: Propos al to Perform Pavement Cori ng and C oncrete Pavement
Thickness Design Recomme nd ation s, Poppy Avenue and Ocean
Boulevard Paveme nt R econs truction Proj ect, City of Newp ort
B e ach, California
Refe ren ce: (1) Poppy Con cept Pl an, dated December 7 , 2015, pre pared by Ri ck
Engineering Company.
(2) Oc ean Boulevard and Marguerite Avenu e , Paveme nt
R econs tru c ti o n Proj ec t (C -55 8 1), prepar ed by On war d Engineeri ng.
Dear M r. C owan:
GMU Ge otechni c al , Inc. (GMU) is pl eased to s ubmit Litis propos al to prov id e pavement corin g
and concrete pavement design ser vices for the P o ppy Avenu e and Ocean Bo ul evard Paveme nt
R econstru c ti o n Proj ect. This p roj ect is located in th e C ity of Newp o rt Beach, Cali fo rni a.
Our und erstanding of this proj ect is based on o ur cmr es ponde nce with yo u on Mar ch 9, 10, a nd
18, 2016 and o ur re vi ew of th e r efere nced documents. Poppy A ve nu e, betwee n Ocea n Avenu e a nd
Pacifi c Coas t Highway, c urrently consi s ts of de teri orated alternatin g segments of AC and PCC
pa veme nts. Ocean B oul evard , be tw een Poppy Avenu e and M argu e rite A ve nu e, co nsists of
de terior ated P CC pav ement. We propose to pro vide pavemen t eva lu a ti on services to identify th e
ex istin g pavement thi ckn esses, subgrad e soil types/conditions, a nd to provide PCC pavement
thickn ess desig n recomme nd ati ons for thi s p a ve ment recons truc tion proj ect. W e propose to
pro vide the foll owing sco pe of work :
Task 1 -S ite R econnaissance and Di g Alert
Task 2-Field Explorati on
T ask 3 -L aborator y Tes tin g
T ask 4 -P avement En gin eerin g Anal ysi s
Task 5-Pavement Material s Re port
5-16
Mr. Barry Cowan, RICK ENGINEERING
Proposal: Poppy Avenue and Ocean Boulevard Pavement Reconstruction Project, City of Newport Beaclz,
California
SCOPE OF WORK
Task 1 -Site Reconnaissance and Dig Alert
We propose to perform a site reconnaissance to identify the existing pavement types and coring
locations. The approximate limits of the existing PCC and AC segments will be documented.
Coring locations will be marked during this assessment. We will notify Dig Alert prior to drilling
to avoid potential conflicts with known underground utilities.
Task 2 -Field Exploration
Pavement corings will be performed to identify the thickness of the existing pavement sections
and to collect sub-surface materials for laboratory testing.
We propose to perform two pavement corings on Poppy Avenue: One within the existing PCC
areas and one within the existing AC areas. We propose to perform four pavement corings on
Ocean Boulevard. A total of six pavement corings will be performed. We understand that we will
be able to perform pavement corings between the hours of 8 AM and 5 PM.
Core sampling will be performed to a maximum depth of four-feet deep. Drive and bulk sampling
of the subgrade soils will be performed to collect necessary samples for laboratory testing. The
core holes will be backfilled with aggregate base materials and capped with rapid-set concrete.
Our proposal includes traffic control, performed in accordance with the WATCH Manual. Traffic
control will consist of cones to delineate our work zone, signage to notify drivers, and two traffic-
control flagmen to direct traffic around our work zone. Single lane closure will be performed and
the traffic control flagmen will allow one direction of traffic through at a time. We understand that
traffic control plans are not required therefore cost associated with preparing traffic control plans
have not been included in our budget.
Task 3 -Laboratory Testing
Laboratory testing will be performed to evaluate various engineering properties of the sub-surface
materials. Laboratory tests will include:
• In-place moisture and density;
• Sieve #200 wash for soil classification;
• Atterberg Limits testing for soil classification;
• R-Value testing; and
• Sulfate content testing.
The test data will be used in our engineering analysis. We have estimated a quantity of tests based
on our experience with similar past projects.
March 21, 2016 2 GMU Project P-16053Rl
5-17
Mr. Barry Cowan, RICK ENGINEERING
Proposal: Poppy Avenue and Ocean Boulevard Pavement Reconstruction Project, City of Newport Beach,
California
Task 4 -Pavement Engineering Analysis
Pavement engineering analysis will be performed in accordance with the California Highway
Design Manual. Information gathered from Tasks 1 through 3 will be analyzed and concrete
pavement thickness design recommendations will be developed.
We assume that the City will provide the traffic index for the roadway in order for us to perform
our pavement thickness analyses. If one is not available or provided, we will perform our analysis
using assumed traffic indexes (i.e., 5.5 or 7.0).
Task 5 -Pavement Materials Report
A pavement report will be prepared to present a summary of our findings, conclusions, and repair
recommendations. In summary, the report will include:
• Site location map;
• Coring location map;
• Select photographs;
• Tables showing existing pavement section thicknesses;
• Laboratory testing results; and
• Concrete pavement thickness design recommendations.
The final report will be signed by a California-registered civil engineer.
March 21, 2016 3 GMU Project P-16053Rl
5-18
Mr. Barry Cowan, RICK ENGINEERING
Proposal: Poppy Avenue and Ocean Boulevard Pavement Reconstruction Project, City of Newport Beach,
California
ESTIMATED FEE
We will provide the above outline scope of work on a time-and-materials based on the attached
2015 Schedule of Charges and General Conditions for Geotechnical Services. The following
summarizes our estimated costs.
Poppy Avenue and Ocean Boulevard Pave1nent Reconstruction Project
City of Newport Beach
Task 1 -Site Reconnaissance & Dig Alert
Task 2 -Field Exploration
Task 3 -Laboratory Testing
Task 4 -Pavement Engineering Analysis
Task 5 -Pavement Materials Report
ESTIMATED PROJECT TOTAL (TIME-AND-MATERIALS)
$ 1,230.00
$ 5,920.00
$ 3,140.00
$ 2,120.00
$ 2,560.00
$14,970.00
We will not exceed this amount without written authorization. Please notify us immediately if the
proposed scope of services does not meet your current needs, or if any significant changes are
made to the proposed development so that we can revise our scope of services. Revision of the
scope of services may affect the estimated fee. The proposed scope of services is consistent with
the level of care and skill ordinarily exercised by engineering professionals with experience in this
area. No warranty, either expressed or implied, is made.
March 21,2016 4 GMU Project P-16053R1
5-19
Mr. Barry Cowan, RICK ENGINEERING
Proposal: Poppy Avenue a11d Ocean Boulevard Pavement Reconstruction Project, City of Newport Beach,
California
GMU is pleased to have this opportunity to propose our services for your project. Should you have
any questions or comments, please feel free to call the undersigned (949-888-6513).
Attachment:
Sincerely,
GMU GEOTECHNICAL, INC.
~d
Rogh::chlierbmp, MSc, P
Director of Pavement Enginee g
David R. Atkinson
Senior Engineer
2013-15 Newport Beach Standard Schedule of Charges
GMU Geotechnical Standard Agreement
rws/P-16053(3/21/16)
March 21,2016 5 GMU Project P-16053Rl
5-20
(J ~
2013-2015 SCHEDULE OF CHARGES
CITY OF NEWPORT BEACH O N-CALL
PROFESSIONAL SERVICES
Princ ip al E ng in eer or Geologist
Assoc iate En gin ee r or Geologist
Senior En gi neer or Geologist
Proj ect Engi ne er or Geologi st
Senior Staff Engineer or Geo logist
Staff Engine er or Geologist
Grap hi c Illu strati on/C ADD
Document Preparation and Ad mini strati ve Project Services
FIELD INSPECTION & TESTING SERVI CES
PREY AfLJNG WAGE
Senior Geotechn ical E ng in eeri ng Techn ic ian
• Min imum I 0 years experience
• in spectio ns for so il s/grading , asph alt , concrete, batch plants, piles /caissons, etc.
• Cettificat io ns by AC I, ICC, Cal tr ans , lo ca l juri sdictions, etc .
Geotec hn ica l Enginee rin g Technician
• Qualified in spec tio n and testin g of so il s and grading
• Servic es provid ed un der direc t supervi sio n of a Seni or Engi nee rin g Techn ician
Specia l Registe red in spec to r (No 4 hour minimum)
• Cert ifi catio ns by AC I, ICC, Ca l trans , loca l jurisdictions , etc.
• Reinforced conc rete, Post-T ension , Mason ry, Welding, Bolting, Fireproofing
NON -P REY A IL ING WAGE
Senio r Geotechni ca l Engi neerin g Techni c ian
• Minimum 10 yea rs expe rien ce
• in spe cti ons for so ils/grad in g, asp halt, con crete , batc h plants, pi les/ca isso ns, etc .
• Ce rtifi catio ns by AC I, JCC, Caltrans, local jurisdicti ons, etc.
Geotechnica l Techn ician
• Q ualifi ed ins pec t ion and tes tin g of so ils and grading
• Services provi ded und er direc t s uperv is io n of a Senior Engineering Technician
$ 245.00n10ur
$ 215.00/hour
$ 205.oon,ou r
$ 185 .0 0n10ur
$ l 65.00n10ur
$ 120.00n,our
$ 11 o.oon1our
$ 90.oon,ou r
$ I 00.00/hou r*
$ 90.00/hour*
$ 90.00/hour *
$ I 00.00/hou r*
$ so.oon,ou r*
Spec ia l Regi ste red In spector (No 4 hour minimum) $ 74.00n10u r*
• Ce rt iti cat ions by AC I, ICC, Ca ltrans, local juri sdictions, etc.
• Services provid ed und er sup ervisio n of a Se ni or Specia l Regis tered Inspecto r, if ap pl icab le
*Notes:
(I ) Rates include veh ic le , nu clear density gauge, and eq ui pmen t for testing. in spection, and sampli ng.
(2) No 4 -hour minimum c harges a pp ly.
(3) Overtime is charged a t 1.5 times th e base rate. Overtime is defined as t ime worked on th e project
in excess of 8 ho urs per day and a ll tim e on Saturdays, Sundays, and holidays.
LABORATORY TESTING SE RVI CES
Laboratory Test ing (soils, aggregate, asp halt ) $ 105.00n,our
(For special materials res ting and laboratory costs on a per-rest basis, see GMU 's Laboratory Fee Sch edule)
OTHER CHARGES
Outs id e Se rvices
Reimbursa bl es
Cost + 15%
Cost
5-21
1. Scope of Work
GENERAL CONDITIONS FOR
GEOTECHNICAL ENGINEERING SERVICES
Engineer ("GMU Geotechnical, Inc.") shall perform the services outlined in the attached Scope of Work,
which may only be amended by Client and Engineer in writing. If Engineer provides Client with a
writing confirming the change in scope, it shall become an amendment to this Agreement unless Client
objects in writing within five (5) working days after receipt. All work performed by Engineer at the
Project is subject to the terms and limitations of this Agreement.
2. Payments to Engineer
2.1 LumpSum
Portions of the proposal may be on a lump sum basis. All lump sum costs are due in full
prior to the initiation of work.
2.2 Time and Materials
All out-of-scope work performed under this Agreement shall be on a time and materials basis unless
otherwise specifically agreed to in writing by both parties.
2.3 Late Payment Charge
All invoices are due on receipt. If Client fails to make any payment due Engineer for services and
expenses within thirty (30) days after receipt of Engineer's invoices, the amounts due Engineer shall,
thereafter, include a late payment charge at the rate of 1 1'2% per month, or the highest rate permitted
by law, from the thirtieth day.
3. Standard of Performance; Disclaimer of Warranties
Engineer shall perform its Services consistent with that level of care and skill ordinarily exercised by
other professional engineers under similar circumstances at the time the Services are performed. No
warranty, express or implied, is included or intended by this Agreement. Client recognizes that neither
Engineer nor any of Engineer's subconsultants owe any fiduciary responsibility to Client.
4. Engineer's Estimate of Construction Costs
Client acknowledges that construction and development are subject to many influences that are not
subject to precise forecasting and are outside of Engineer's control. Client further acknowledges that
actual costs incurred may vary substantially from the estimates prepared by Engineer and that Engineer
does not warrant or guarantee the accuracy of construction or development cost estimates.
5. Construction Phase Services
If the scope of Engineer's work includes observation and testing during the course of construction,
Engineer shall:
5.1 Make visits to the site at intervals appropriate to the various stages of construction as Client may
request, in order to observe the geotechnical conditions encountered by Contractor(s) and the
progress and quality of the geotechnical aspects of Contractor(s)' work. Based on information
obtained during such visits and on such observations, Engineer shall inform Client of the progress of
the geotechnical aspects of the work. Client understands that Engineer may not be on site
continuously nor shall Engineer observe all of Contractor's Work
~ Gl\1(] GENERAL CONDITIONS FOR GEOTECHNICAL ENGINEERING SERVICES
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5.2 Engineer shall perform such services as are stated in the Scope of Work. Such services shall be
performed in accordance with current engineering standards. Client understands that services
performed by Engineer on finished work, or work in progress, are taken intermittently and indicate,
on a statistical basis, the general acceptability of the work. Testing or observation by Engineer of
portions of the work of other parties on a project are not a guarantee of the quality of Contractor's
work and shall not relieve such other parties from their responsibility for performing their work in
accordance with applicable plans, specifications, and safety requirements.
5.3 Engineer shall not supervise, direct, or have control over Contractor(s)' work nor shall Engineer
have authority over or responsibility for the means, methods, techniques, sequences, or procedures of
construction selected by Contractor(s) for the Project, for safety precautions and programs incident
to Contractor(s)' work or for any failure of Contractor(s) to comply with Laws and Regulations
applicable to Contractor(s) furnishing and performing its work.
6. Client's Responsibilities
In addition to payment for the Services performed under this Agreement, Client agrees to:
6.1 Assist and cooperate with Engineer in any manner necessary and within its ability to facilitate
Engineer's performance under this Agreement.
6.2 Designate a representative who will have authority to receive all notices and information pertaining
to this Agreement and who will enunciate Client's policies and decisions and assist as necessary in
matters pertaining to the Project and this Agreement. Client's representative will be subject to
change by written notice.
6.3 Provide access to and/or obtain permission for Engineer to enter upon all property, whether or not
owned by Client, as required to perform and complete the Services. Client recognizes that the use of
investigative equipment and practice may unavoidably alter conditions or affect the environment at
the existing Project Site(s). Engineer will operate with reasonable care to minimize damage to the
Project Site(s). The cost of repairing such damage will be borne by Client, and is not included in the
Fee unless otherwise stated.
6.4 Correctly designate on plans to be furnished to Engineer, the location of all subsurface structures,
such as pipes, tanks, cables, and utilities within the property lines of the Project Site(s) and shall be
responsible for any damage inadvertently caused by Engineer to any such structure or utility not so
designated. Client warrants the accuracy of any information supplied by it to Engineer, and
acknowledges that Engineer is entitled to rely upon such information without verifying its accuracy.
6.5 Supply to Engineer all information and documents in its possession or knowledge which are relevant
to the Services herein described. Prior to the commencement of any Services in connection with a
specific property, Client shall notify Engineer of any known potential or possible health or safety
hazards existing on or near the Project Site, with particular reference to Hazardous Materials or
conditions.
7. Changed Conditions
If, during the course of performance of this Agreement, conditions or circumstances are discovered which
were not contemplated by Engineer at the commencement of this Agreement, Engineer shall notify client
in writing of the newly discovered conditions or circumstances, and Client and Engineer shall renegotiate,
in good faith, the tenns and conditions of this Agreement. If amended terms and conditions cannot be
agreed upon within thirty (30) days after notice, Engineer may terminate this agreement and be
compensated as set forth in Section 17, "Tennination".
~ Gl\fU GENERAL CONDITIONS FOR GEOTECHNICAL ENGINEERING SERVICES
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8. Hazardous Materials
Client understands that Engineer's services under this Agreement are limited to geotechnical engineering
and that Engineer shall have no responsibility to locate, identify, evaluate, treat, or otherwise consider or
deal with hazardous materials. Client shall be solely responsible for notifying all appropriate federal,
state, municipal, or other governmental agencies, including the potentially affected public, of the
existence of any hazardous materials located on or in the project site, or located during the performance of
this Agreement. The existence or discovery of hazardous materials shall constitute a Changed Condition
under this Agreement.
9. Certifications
Engineer shall not be required to execute any certification with regard to work performed, tested, or
observed under this Agreement unless: 1) Engineer believes that sufficient work has been performed by
Engineer to provide a sufficient basis to issue the certification, 2) Engineer believes that the work
performed, tested, or observed meets the criteria of the certification, and 3). the exact form of such
certification has been approved by Engineer, in writing, prior to execution of this Agreement. Any
certification by Engineer is limited to an expression of professional opinion based upon the service
performed by Engineer, and does not constitute a warranty or guarantee, either expressed or implied.
10. Allocation of Risk
10.1 Limitation of Liability
The total cumulative liability of Engineer, its shareholders, directors, officers, employees, and agent,
to Client arising from Services performed or to be performed by Engineer for this Project whether in
contract, indemnity, contribution, tort, or otherwise and including attorney's fees due under this
Agreement, shall not exceed 100% of gross compensation received by Engineer under this
Agreement provided, however, that such liability shall be further limited in the following respects:
Engineer shall not be liable to Client for any losses, damages, or claims arising from damage to
subterranean structures or utilities which are not correctly shown on plans furnished by Client to
Engineer during the performance of authorized Services or which are not called to Engineer's
attention by Client.
10.2 Indemnification
1 0.2.1 Hazardous Materials
Client agrees to indemnify and hold harmless the Engineer Entities from and against any and
all claims, suits, liability, damages, injunctive or equitable relief, expenses, including
attorneys' fees or other loss ("Loss"), which arises from, or which is related to, the existence,
disposal, release, discharge, treatment, or transportation of hazardous materials, or the
exposure of any person to hazardous materials, or the degradation of the environment due to
the presence, discharge, disposal, release of, or exposure to, hazardous material.
1 0.2.2 Indemnification Provisions
If any indemnification provisions are imposed upon the Engineer, such provisions shall not
create, exceed, exert, or establish any greater rights, obligations, or responsibilities than those
presently existing under the laws of negligence of the State of California, and the
applicability of such provisions shall be limited to the insurance limits recoverable for such
damages and losses.
!] Gl\fU GENERAL CONDITIONS FOR GEOTECHNICAL ENGINEERING SERVICES
MARCH 2016
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Initials:
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I 0.3 Third Party Indemnification
Client agrees to indemnify and hold Engineer hannless for the Client's own negligence or for the
negligence of anyone for whom the Client is legally liable. Additionally, and in light of the fact that
Engineer's scope of services under this proposal does not include inspection, analysis, or
investigation of any kind into the design or construction of existing conditions at the Project, the
Client agrees to defend, indemnify, and hold Engineer harmless from and against any and all claims,
damages, liabilities and costs, including all attorney's fees and costs of defense, arising out of or in
any way related to existing conditions at the project.
I 0.4 Continuing Agreement
Client and Engineer agree that any and all protections, limitations of liability, and indemnification
agreements noted herein shall extend to the officers, partners, and employees of Client and Engineer,
respectively.
11. Engineer's Insurance
Engineer shall obtain, if reasonably available: 1) statutory Workers' Compensation/Employer's Liability
coverage; 2) Commercial General Liability; 3) Automobile Liability; and 4) Professional Liability
insurance coverage in policy amounts not less than $1,000,000. Engineer agrees to issue certificates of
insurance evidencing such policies upon written request.
12. Ownership and Maintenance of Documents
Client-provided documents will remain the property of Client. Unless otherwise specified in the Scope of
Work, all documents and information obtained or prepared by Engineer in connection with the
performance of the Services, including but not limited to Engineer's reports, boring logs, maps, field data,
field notes, drawings and specifications, laboratory test data, and other similar documents (collectively
called "Documents") are the property of Engineer and Engineer shall, in its sole discretion, have the right
to dispose of or retain the Documents. Reuse of Engineer's documents for any purpose other than for this
Project requires express written authorization from Engineer. Client agrees to defend, indemnify, and
hold Engineer harmless from any unauthorized use of Engineer's documents.
13. Relationship of the Parties
Engineer shall perform Services under this Agreement as an independent contractor, and its employees
shall at all times be under its sole discretion and control. Engineer shall select the means, manner, and
method of completing Services without detail, control, or direction from Client.
14. Third Party Reliance Upon Reports
All Documents are prepared solely for use by Client and shall not be provided to any other person or
entity without Engineer's written consent, nor shall they be mentioned, communicated, disclosed, or
referred to in any offering circular, securities offering, loan application, real estate sales documentation,
or similar promotional material, without the express written authorization of Engineer. Client shall
defend, indemnify, and hold harmless Engineer, its officers, shareholders, and employees from and
against any action or proceeding brought by any person or entity claiming to rely upon information or
opinions contained in reports or other documents provided to such person or entity, published, disclosed,
or referred to without Engineer's written consent.
~ Gi\fU GENERAL CONDITIONS FOR GEOTECHNICAL ENGINEERING SERVICES
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No other party other than Client may rely, and Client shall make no representations to any party that such
party may rely, on Documents without Engineer's express written authorization.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the Client or the Engineer. Engineer's services under this Agreement
are being performed solely for the Client's benefit, and no other entity shall have any claim against the
Engineer because of this Agreement or the performance or nonperformance of services hereunder. The
Client agrees to include a provision in all contracts with contractors and other entities involved in this
project to carry out the intent of this paragraph, and further agrees to defend, indemnify, and hold
Engineer harmless for any claims, suits, liability, damages, injunctive or equitable relief, expenses,
including attorney's fees or other loss ("Loss") asserted by any third party against Engineer.
15. Assignment and Subcontracts
Neither party shall assign this Agreement, or any part thereof, without the written consent of the other
party, except an assignment of proceeds for financing purposes. Engineer may subcontract for the
services of others without obtaining Client's consent where Engineer deems it necessary or desirable to
have others perform certain Services.
16. Suspension and Delays
Client may, at any time, by ten (10) days written notice, suspend performance of all or any part of the
Services by Engineer, Engineer may terminate this Agreement if Client suspends Engineer's work for
more than sixty (60) days and be paid as set forth under Section 17 "Termination".
17. Termination
17.1 Termination for Convenience
Engineer and Client may terminate this Agreement for convenience upon thirty (30) days written
notice delivered or mailed to the other party.
17.2 Termination/or Cause
In the event of material breach of this Agreement, the party not breaching the Agreement may
terminate if upon ten (I 0) days written notice delivered or mailed to the other party, which
termination notice shall state the basis for the termination. The Agreement shall not be terminated
for cause if the breaching party cures the breach within the ten day period.
17.3 Payment on Termination
In the event of termination, other than caused by a material breach of this Agreement by Engineer,
Client shall pay Engineer for the Services performed through the termination notice date, and for any
necessary Services and expenses incurred in connection with the termination of the project, including
but not limited to, the costs of completing analysis, records, and reports necessary to document job
status at the time of termination and costs associated with termination of subcontractor contracts.
Such compensation shall be based upon the schedule of fees then currently used by Engineer.
17.4 Claims Waiver
Client and Engineer hereby waive all claims against each other for consequential damages
(including, but not limited to, loss of use or lost profits).
18. Disputes
All disputes between Engineer and Client shall be subject to non-binding mediation. Either party may
demand mediation by serving a written notice stating the essential nature of the dispute, the amount of
time or money claimed, and requiring that the matter be mediated within forty-five ( 45) days of service of
notice. The mediation shall be administered by the American Arbitration Association in accordance with
~ Gl\fU GENERAL CONDITIONS FOR GEOTECHNICAL ENGINEERING SERVICES
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their most recent construction Mediation Rules, or by such other person or organization as the parties may
agree upon.
No action or suit may be commenced unless the mediation did not occur within forty-five ( 45) days after
service of notice, the mediation occurred but did not resolve the dispute, or a statute of limitation would
elapse if suit was not filed prior to the forty-five ( 45) days after service of notice.
19. Attorney Fees I Venue I Arbitration
Client and GMU agree that the laws of the State of California govern the construction and interpretation
of this Agreement and any dispute between the parties, including without limitation, disputes arising out
of or relating to this Agreement, the professional relationship between the parties, and the professional
services rendered by GMU to Client shall be decided by Arbitration under the rules of the American
Arbitration Association. Client further agrees that in the event of any dispute between GMU and Client,
any action or proceeding shall be brought in Orange County, California and that California law shall
apply. Client also agrees to submit to jurisdiction in California. In the event enforcement proceedings
and/or legal action arises relating to this Agreement, the interpretation thereof, or the failure of any Party
to perform the terms of Agreement, the prevailing party in such action shall be, in addition to damages,
injunctive relief or any other relief, entitled to reasonable costs and expenses not limited to actual
attorneys' fees and expert witness costs incurred in such an action.
20. Integration and Severability
This Agreement reflects the entire agreement of the parties with respect to its terms and supersedes all
prior agreements, whether written or oral. If any portion of this Agreement is found to be void or
voidable, such portion shall be deemed stricken and the Agreement shall be reformed to as closely
approximate the stricken portions as the law allows.
• • •
End of General Conditions
~ GMIJ GENERAL CONDITIONS FOR GEOTECHNICAL ENGINEERING SERVICES
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EXHIBIT C-1
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.
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page C-1
5-28
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 (1 0) calendar days notice is required) or non renewal 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
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require complete, certified copies of all required insurance policies, at
any time.
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. 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 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
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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 judgment may be necessary for its proper protection and
prosecution of the Work.
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