HomeMy WebLinkAboutC-7213-1 - PSA for Marguerite Avenue and Hospital Road Pavement RehabilitationN
C� AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH DMS CONSULTANTS CIVIL ENGINEERS, INC. FOR
MARGUERITE AVENUE AND HOSPITAL ROAD PAVEMENT REHABILITATION
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 14th day of May, 2018
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and DMS CONSULTANTS CIVIL
ENGINEERS, INC., a California corporation ("Consultant"), whose address is 12371
Lewis Street, Suite 203, Garden Grove, California 92840, and is made with reference to
the following:
RECITALS
A. On October 12, 2017, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide civil engineering design services for the
Marguerite Avenue Pavement Rehabilitation and Hospital Road Pavement
Rehabilitation projects ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to increase the total compensation, and
to update claim filing and prevailing wage requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to this Amendment No.
One shall collectively be known as "Exhibit B."
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 Nineteen
Thousand Four Hundred Thirty Dollars and 00/100 ($119,430.00), 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. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed Six
Thousand Dollars and 00/100 ($6,000.00).
3. CLAIMS
Section 27 of the Agreement is hereby supplemented to include a second
paragraph as follows:
"To the extent that Consultant's claim is a "Claim" as defined in Public Contract
Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining
in dispute after completion of the dispute resolution process provided for in Public
Contract Code section 9204 or any successor statute thereto shall be subject to
the Government Claims Act requirements requiring Consultant to file a claim in
strict conformance with the Government Claims Act. To the extent that
Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code
section 9204 or any successor statute thereto, Consultant shall be required to file
such claim with the City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.)."
4. PREVAILING WAGES
Section 29 of the Agreement is hereby deleted in its entirety and replaced with the
following:
"29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including
legal holidays and overtime Work for each craft or type of workman needed to
execute the Work contemplated under the Agreement shall be paid to all workmen
employed on the Work to be done according to the Agreement by the Consultant
and any subcontractor. 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 Consultant is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site
DMS Consultants Civil Engineers, Inc. Page 2
the prevailing rate or per diem wages. It shall be the obligation of the Consultant
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.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it
is currently registered and qualified to perform "public work" pursuant to California
Labor Code section 1725.5 or any successor statute thereto and that no contractor
or subcontractor will engage in the performance of the Services unless currently
registered and qualified to perform public work."
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]
DMS Consultants Civil Engineers, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S oZ /?
By:
Aaron C. Harp UH GAIN-loc
City Attorney
ATTEST:
Date: �
A6(� Leilani 1. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: P��L
Dav iff
City Manager
CONSULTANT: DMS Consultants Civil
Engineers, Inc., a California corporation
Date:
Signed in Counterpart
By:
Surender Dewan
Chief Executive Officer/ Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
DMS Consultants Civil Engineers, Inc. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: -46
A���
r,Aaron C. Harp (X4 00%1 kvCity Attorney
ATTEST:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: DMS Consultants Civil
Engineers, Inc , a alifoynia corporation
Date: .53 �5
By:
Surender Dewan
Chief Executive Officer / Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
DMS Consultants Civil Engineers, Inc. Page 4
EXHIBIT A
SCOPE OF SERVICES
DMS Consultants Civil Engineers, Inc. Page A-1
CONSULTANTS, INC.
C I V I L E N G I N E E R S
April 26, 2018
Alfred Castanon
Associate Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
SUBJECT: Irvine Avenue and Cliff Drive Intersection
Newport Beach, CA
Dear Alfred
The scope of work consists of the following items for the Irvine Avenue and Cliff Drive intersection:
•Perform design survey;
vPrepare topographic survey plot; and
vPrepare improvement plans for the Irvine Avenue and Cliff Drive intersection and incorporate into the Marguerite
Avenue and Hospital Road pavement rehabilitation project,
Our lump sum fee for providing these services is $6,000.00.
If you have any questions or concerns regarding this proposal, please contact the undersigned.
Sincerely,
DMS Consultants, Inc.
Surender Dewan, P.E.
President
12371 Lewis Street, Suite 203, Garden Grove, CA 92840 1 714.740.8840 1 fax: 714.740.8842
EXHIBIT B
SCHEDULE OF BILLING RATES
Consultant shall provide the Services under this Amendment No. One for a lump
sum fee of $6,000.00.
DMS Consultants Civil Engineers, Inc. Page B-1
i
(4)
�I PROFESSIONAL SERVICES AGREEMENT
(" WITH DMS CONSULTANTS CIVIL ENGINEERS, INC. FOR
V MARGUERITE AVENUE AND HOSPITAL ROAD PAVEMENT REHABILITATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 12th day of October, 2017 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'),
and DMS CONSULTANTS CIVIL ENGINEERS, INC., a California corporation
("Consultant'), whose address is 12371 Lewis Street, Suite 203, Garden Grove, California
92840, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide civil engineering design services for
the Marguerite Avenue Pavement Rehabilitation and Hospital Road Pavement
Rehabilitation projects (`Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2020, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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 Thirteen
Thousand Four Hundred Thirty Dollars and 00/100 ($113,430.00), 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.
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
DMS Consultants Civil Engineers, Inc. Page 2
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 Surender Dewan 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
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
DMS Consultants Civil Engineers, Inc. Page 3
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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (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"), and which 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
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
DMS Consultants Civil Engineers, Inc. Page 4
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.
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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 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.
DMS Consultants Civil Engineers, Inc. Page 5
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 otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
DMS Consultants Civil Engineers, Inc. Page 6
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.
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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
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
DMS Consultants Civil Engineers, Inc. Page 7
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22, WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
DMS Consultants Civil Engineers, Inc. Page 8
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Surender Dewan
DMS Consultants Civil Engineers, Inc.
12371 Lewis Street, Suite 203
Garden Grove, California 92840
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 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
DMS Consultants Civil Engineers, Inc. Page 9
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 breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
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.
DMS Consultants Civil Engineers, Inc. Page 10
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 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because 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 Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
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]
DMS Consultants Civil Engineers, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY$ OFFICI
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: tol2Nt1
By: �;— By:
Aaron arp UN Dave Kiff
City Attorney City Manager
ATTEST: N 7'1 CONSULTANT: DMS Consultants Civil
Date: Engineers, Inc., a California corporation
R11 �'/Leilani 1. BrownCitv
Signed in Counterpart
Bv:
Surender Dewan, P.E.
Chief Executive Officer / Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
DMS Consultants Civil Engineers, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
UtN
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
U
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Dave Kiff
City Manager
CONSULTANT: DMS Consultants Civil
Engineers, Inc a alifornia corporation
Date: 10 r 15 11
By: x! w `-'�—
Surender Dewan, P.E.
Chief Executive Officer/ Secretary
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Exhibit C – Insurance Requirements
DMS Consultants Civil Engineers, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
DMS Consultants Civil Engineers, Inc. Page A-1
The project area is Marguerite Avenue from Fifth Street to San Joaquin Hills Road and Hospital Road
from Superior Avenue to Placentia Avenue. The project consists of rehabilitation of existing roadway and ADA
improvements in the project area.
Services to be provided by the DMS Consultants, Inc. under this will include the following:
Design survey.
Utility coordination.
Prepare street improvement plans.
Prepare signage and striping plans.
Project specifications.
Estimate of probable cost.
Marguerite Avenue From Fifth Street to San Joaquin Hills Road
The curb to curb width of the street is 60'. The right-of-way is 84'. There is a painted median divider in the
center. There is an existing sidewalk on both sides of the roadway. No parking is permitted along the street.
The intersection of Marguerite Avenue with San Joaquin Hills Road is signalized.
The existing roadway is striped for two lanes in each direction with a Class 1 bike lane along the southerly curb.
Along the northerly curb the Class 1 bike lane is only from Sandcastle Drive to Harbor View Drive.
There are existing curb ramps at all intersecting streets. However, only the ramps at intersection of Marguerite
Avenue with San Joaquin Hills Road conform to ADA standards.
The existing cross gutter along southerly right-of-way at intersection with Sandcastle Drive is damaged and
should be reconstructed.
There is an existing storm drain system in the roadway. There are existing catch basins located along the entire
length of the roadway.
The existing pavement appears to be in good condition. However, portions of the roadway are experiencing
some deterioration and longitudinal and early alligator cracking.
The City of Newport Beach will retain the services of a geotechnical consultant to do a total of 8 cores (4 in each
direction) to determine the existing pavement section. It appears that the street can be rehabilitated with a
combination of cold mill, leveling course and ARHM overlay with digouls at isolated locations.
Marguerite Avenue & Hospital Road Page 1
Hospital Road From Superior Avenue to Placentia Avenue
The curb to curb width of the street varies from 42' to 50'. The right-of-way is 60'. The street is striped for two
lanes in each direction.
The intersection of Hospital Road with Superior Avenue and Placentia Avenue are signalized.
There is an existing continuous sidewalk behind a 5' wide planter on southerly side of roadway. Along northerly
side there is no sidewalk from northerly driveway of Mariner's Plaza to Placentia Avenue.
The curb ramps at intersection of Superior Avenue and Hospital Road conform to ADA standards. There are no
curb ramps at both easterly and westerly entrance to Versailles Residential Community. Curb ramps to delivery
entrance for Hoag Memorial Hospital do not conform to ADA standards for accessibility.
All driveways in the project area, both on the northerly and southerly side of the roadway will have to be
reconstructed to provide a continuous ADA path of travel.
The existing cross gutter at delivery entrance to Hoag Memorial Hospital appears to be in good condition.
Curb and gutter, and sidewalk along both sides of the street is in good condition except at isolated locations.
Marguerite Avenue & Hospital Road
Page 2
DESIGN REVIEW MEETING
In a consultation meeting with the City, the scope of work, procedure and precise limits of the project
improvements will be reviewed. Obtain from the City existing improvement plans and record maps of the
project area.
Review with City staff to obtain specific input related to City goals and discuss preliminary issues.
Meet with City staff on a continuous, as needed basis throughout the design and construction phases to
ensure that work is expeditiously carried out in keeping with City requirements.
UTILITY COORDINATION
Notify all utilities at the start and at 60% design of the location and extent of the work to ensure that all
structures are properly located on the plans.
A copy of all correspondence with utility companies will be provided to the City.
Final plans will be sent to each affected utility company prior to bidding of the work along with notification
of when work is anticipated to begin.
PAVEMENT ANALYSIS
Pavement rehabilitation treatment option to be provided by the City of Newport Beach.
DESIGN SURVEY
• Locate beginning, intermediate, and final benchmarks. Locate and identify horizontal controls used. Set
aerial targets. Tie down the project to State Plane Coordinate System.
• Conduct aerial survey. Aerial survey to show spot elevations and contours at 1' intervals.
• Mark limits of broken curb and gutter as well as defective sidewalk and curb ramps not conforming to ADA
requirements.
• Conduct topographic survey and obtain street cross sections at 50' intervals. Street cross sections to
show elevations at right-of-way, top of curb, gutter flowline, lip of gutter, lane line and centerline.
• Obtain street cross sections at BCRs and ECRB.
• A report will be provided to the City containing all survey control and cross sections notes.
CONCEPT DESIGN PHASE - 30% SUBMITTAL
Prepare base maps and plot existing utilities, existing right-of-way, etc.
Marguerite Avenue & Hospital Road
Page 3
PRELIMINARY DESIGN PHASE - 70% SUBMITTAL
• Plot existing cross sections.
• Superimpose proposed improvements over existing cross sections.
• Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is less than
the minimum required or more than the maximum permissible, revise the type of proposed treatment to
the street surface.
• Prepare preliminary street improvement plans.
• Prepare preliminary signage and striping plans in accordance with the State of California Department of
Transportation Traffic Manual.
• Prepare preliminary estimate of probable cost.
FINAL DESIGN PHASE - 90% SUBMITTAL
• Prepare final street improvement plans.
Title sheet will include:
• Project title, vicinity and location map, plan sheet index and scale.
• Utility and plan legends, utility notes, contact names and telephone numbers.
• Bench marks, basis of bearings, general and master construction notes.
• Standard signature and title blocks.
• Plan and profile sheets will include:
• Topography between right-of-way and beyond as necessary.
• Right-of-way limit lines.
• Utility location plot.
• Construction notes and quantity estimates.
• Typical sections and details
• Top of curb and street centerline profile.
• Location of borings.
• Plot proposed cross sections at 50' intervals.
• Prepare final signage and striping plans. Final plans to include:
• Removal and/or construction of existing and/or proposed traffic features where applicable.
• Traffic striping (traffic lanes, crosswalks, etc.).
• Traffic signing.
• Pavement markings and markers.
Marguerite Avenue & Hospital Road
Page 4
Prepare project specifications.
Prepare final estimate of probable cost.
FINAL PLAN SUBMITTAL
After approval of project design, the plans will be plotted on mylar and delivered to the City.
CONSTRUCTION ASSISTANCE
Provide coordination during bidding process including answering bidders questions during the bidding
phase.
Provide assistance during construction consisting of plan interpretation and plan revisions resulting
from changed conditions.
Prepare "As -Built' plans based on information provided by the City.
Marguerite Avenue & Hospital Road Page 5
Marguerite Avenue Pavement Rehabilitation
From Fifth Street to San Joaquin Hills Road
and
Hospital Road Pavement Rehabilitation
Hospital Road from Superior Avenue to Placentia Avenue
Assumed Notice to Proceed: October 2, 2017 Oct. Nov. Dec. Jan
Aerial Survey and Design Survey
Utility Coordination
Concept Design Phase - 30%
Base Maps
Preliminary Design Phase - 70%
Street Improvement Plans
Signage and Striping Plans
City Review - Preliminary Design Plans
Final Design Phase - 90%
Improvement Plans
Specifications and Cost Estimates
Project Complete -100% Submittal
January 31, 2018
Marguerite Avenue & Hospital Road Page 6
Marguerite Avenue Pavement Rehabilitation
From Fifth Street to San Joaquin Hills Road
Project
Project Design
Survey
Hours
Manager
Engineer Engineer
Crew
Preliminary Design Development
2
4
6
12
Design Survey
2
4
48
54
Concept Design Phase - 30%
Utility Coordination
4
8
12
Base Maps
4
32
80
116
Preliminary Design Phase - 70%
Street Improvement Plans
10
48
72
130
Signage and Striping Plans
4
24
32
60
Estimate of Probable Cost
4
8
12
Final Design Phase -100%
Street Improvement Plans
2
8
28
38
Signage and Striping Plans
2
4
16
22
Estimate of Probable Cost
4
8
12
24
Specifications and Bid Package
10
16
26
Bidding and Construction Phase Assistance
-
As -Built Plans
4
8
12
48
168
254
48
518
Marguerite Avenue & Hospital Road Pagc 7
Hospital Road Pavement Rehabilitation
From Superior Avenue to Placentia Avenue
Project
Project
Design
Survey
Hours
Manager
Engineer
Engineer
Crew
Preliminary Design Development
2
4
6
12
Design Survey
2
4
24
30
Concept Design Phase - 30%
Utility Coordination
4
8
12
Base Maps
2
10
30
42
Preliminary Design Phase - 70%
Street Improvement Plans
8
32
40
80
Signage and Striping Plans
4
8
20
32
Estimate of Probable Cost
4
8
12
Final Design Phase -100%
Street Improvement Plans
2
8
20
30
Signage and Striping Plans
2
4
10
16
Estimate of Probable Cost
2
6
8
16
Specifications and Bid Package
10
16
26
Bidding and Construction Phase Assistance
As -Built Plans
4
8
12
42
112
142
24
320
Marguerite Avenue & Hospital Road Page 8
I*�/■11-3Vi���
SCHEDULE OF BILLING RATES
DMS Consultants Civil Engineers, Inc. Page B-1
Estimated Fee Schedule - Project total shall not exceed $113,430.00
Marguerite Avenue Pavement Rehabilitation
From Fifth Street to San Joaquin Hills Road
1.
Preliminary Design Development............................................................................................$1,450.00
2.
Aerial Survey: Sub-Consultant+10%....................................................................................$4,180.00
3.
Design Survey......................................................................................................................$10,180.00
4.
Concept Design Phase - 30% Submittal.............................................................................$14,680.00
5.
Preliminary Design Phase - 70% Submittal........................................................................$23,800.00
6.
Final Design Phase - 100% Submittal ..................................................................................$9,660.00
7.
Specifications and Bid Package..............................................................................................$3,600.00
8.
Bidding and Construction Phase Assistance..........................................................................$2,000.00
9.
As -Built Plans .........................................................................................................................$1,340.00
10.
Reproductions - Allowance.......................................................................................................
$800.00
MARGUERITE AVENUE
Estimated TOTAL DESIGN FEE: $71,690.00
Hospital Road Pavement Rehabilitation
From Superior Avenue to Placentia Avenue
1.
Preliminary Design Development............................................................................................$1,450.00
2.
Aerial Survey: Sub-Consultant+10%....................................................................................$3,520.00
3.
Design Survey........................................................................................................................$5,500.00
4.
Concept Design Phase - 30% Submittal ...............................................................................$3,360.00
5.
Preliminary Design Phase - 70% Submittal........................................................................$12,970.00
6.
Final Design Phase - 100% Submittal..................................................................................$7,200.00
7.
Specifications and Bid Package..............................................................................................$3,600.00
8.
Bidding and Construction Phase Assistance..........................................................................$2,000.00
9.
As -Built Plans .........................................................................................................................$1,340.00
10.
Reproductions - Allowance.......................................................................................................
$800.00
Marguerite Avenue & Hospital Road
HOSPITAL ROAD
Estimated TOTAL DESIGN FEE: $41.740.00
Not to Exceed PROJECT TOTAL: $113,430.00
ZIM
HOURLY RATES
ProjectManager....................................................................................................................................
$160.00
ProjectEngineer...................................................................................................................................
$125.00
DesignEngineer...................................................................................................................................
$105.00
SeniorPlan Checker...............................................................................................................................
$70.00
Two -Man Field Party.............................................................................................................................
$195.00
Three -Man Field Party..........................................................................................................................
$245.00
SurveyManager....................................................................................................................................
$115.00
Clerical....................................................................................................................................................
$55.00
Marguerite Avenue & Hospital Road
Page 10
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
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
DMS Consultants Civil Engineers, Inc. Page C-1
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.
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 City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
DMS Consultants Civil Engineers, Inc. Page C-2
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.
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.
DMS Consultants Civil Engineers, Inc. Page C-3
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 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.
DMS Consultants Civil Engineers, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 10/27/17 Dept./Contact Received From:
Date Completed: 10/27/17 Sent to: Edwin By:
Company/Person required to have certificate: DMS Con:
Type of contract:
All Others
Edwin
1. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 9/4/17 - 9/4/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A++/ XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
$2M/$4M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?) N/A
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION: ❑ N/A
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
11. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 9/4/17 - 9/4/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company of America
B.
AM BEST RATING (A-: VII or greater) A++/ XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $11M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? $2,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
® Yes ❑ No
H.
NOTICE OF CANCELLATION: ❑ N/A
0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 9/4/17 - 9/4/18
A.
INSURANCE COMPANY: _Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A++/ XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY 9/23/17-9/23/18 BEAZLEY INSURANCE COMPANY
Rated: A/XII, Admitted Limits: $1 M/$2M ❑ N/A ®Yes ❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
KISK Management
* Subject to the terms of the contract.
Uate