HomeMy WebLinkAboutC-5654 - PSA for 15th Street and Balboa Boulevard Reconstruction Project - Construction Documents and Support; Amendment No. OneAMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
15TH STREET AND BALBOA BOULEVARD RECONSTRUCTION PROJECT —
CONSTRUCTION DOCUMENTS AND SUPPORT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 4th day of December, 2015
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PSOMAS, a California corporation
("Consultant"), whose address is 555 South Flower Street, Suite 4300, Los Angeles,
California 90071, and is made with reference to the following:
RECITALS
A. On April 14, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide construction
documents and construction support for the 15th Street and Balboa Boulevard
Reconstruction Project ("Project").
B. City desires to enter into this Amendment No. One to reflect additional Services
not included in the Agreement, and to increase the total compensation.
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 this 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
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 Three
Hundred Twenty Five Thousand One Hundred Dollars and 001100 ($325,100.00),
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
Forty Eight Thousand Four Hundred Dollars and 00/100 ($48,400.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
PSOMAS Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO N Y'S OFFICE
Date: '
By:
Aaron C. Harp (*M IIIz31)c-
City Attorney
ATTEST: /�
Date:
By:
_4JO�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: A IG;
I
By: �� C
Dave
City Manager
CONSULTANT: PSOMAS, a California
corporation
Date:
By: Signed in nterpart
Robert J. Talafus
Vice President
Date:
By. Signed in Counterpart
Debra Lambeck
Corporate Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
PSOMAS 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 ATT jT'S OFFICE
Date: I, I
c
By:
A ron C. Harp "M nlzal+r-
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: PSOMAS, a California
corporation
Date: /Or - 7- /-:5_
By:
Obert J. alafu
Vice Presid
Date:
By:
Debra Lambeck
Corporate Secretary
[END OF SIGNATURES]
Exhibit A - Scope of Services
PSOMAS Page 3
EXHIBIT A
SCOPE OF SERVICES
PSOMAS Page A-1
EXHIBIT A
SCOPE OF SERVICES and FEE ESTIMATE
Landscape and ADA Ramp Improvements to Balboa Blvd
15th Street Revitalization Project
Balboa Peninsula, City of Newport Beach
October 29. 2015
PROJECT UNDERSTANDING
Under our base contract we prepared an analysis and conceptual design (including alternatives) for
15'h Street along its entire length from the Ocean/beach on the west to the Bay/beach on the east. In
March our contract was expanded to include construction documents and construction support for
15th Street and W. Balboa Blvd from 21St Street to 12th Street. This proposal is intended to cover time
spent to develop the conceptual design and design development of the Balboa improvements as well
as to improve the ADA ramps within the project limits to ensure they are brought upto current code.
The original scope was to revitalize 15`' Street only. Due to the community's desire to enhance W.
Balboa Boulevard and create a frontage for the upcoming Marina Park, W. Balboa Boulevard from
21St Street to 121 Street was added. Due to the amount of public comments received from the 151
Street concept plans, it was uncertain how much to budget for an unknown amount of iteration. As
such, Tasks 1 and 2 of this supplemental scope is billed for the actual service rendered, with City's
pre -approval. Task 1 and 2 can be viewed as an extension to Tasks 3, 4, and 5 of the original
Professional Services Agreement.
Tasks 3 and 4 were identified as an additional scope to upgrade the existing curb ramps within the
project limits to meet current ADA code, and to meet the goal of the City's ADA transition plan.
These two tasks are proposed to be incorporated as construction support, as an extention to Tasks 11,
12, and 13 of the original Professional Services Agreement.
SCOPE OF WORK
Task 1— Concept Design of Balboa Blvd
Based on our discussions and design process, our services include:
• Site visit to evaluate existing conditions and opportunities.
• Illustrative concept plan (50 scale) which incorporates concept plan prepared for 15t' Street.
• 2 enlargements (20 scale) illustrating improvements at intersection, median and parkway.
• Prepare character image board for proposed planting, paving, and amenities along W. Balboa
Blvd.
• Prepare 3D model simulations (small vignettes) to illustrate improvements at W. Balboa
Blvd. intersection(s), median(s) and parkway(s).
0 Present concept to City staff.
• Prepare PowerPoint presentation of approved plan and present to City
Council.
3 Hutton Centre Drive
Suite 200
Santa Ana, CA 92707-8794
Tel 714.751.7373
Fax 714.545.8883
www.Psomas.com
Scope of Services
Page 2 of 2
October 29, 2015
Landscape and ADA Ramp Improvements to Balboa Blvd
Task 2 — Design Development of Balboa Blvd (Landscape Only)
Based on our discussions and the design process, our services include:
• Design Surface Treatments of all Pavements
• Design Development of street medians along Balboa Blvd
• Design Development of planting and irrigation along Balboa Blvd
Task 3 — Survey of Existing ADA ramps on Balboa Blvd
Based on our discussions and preliminary site investigation, we anticipate our services will include:
• Survey 24 ADA ramps along Balboa Blvd from 21" to 12'''streets to check for compliance
with current code and provide elevations for design in the event they need to be
reconstructed.
Task 4 - Detail ADA Ramps on Balboa Blvd
Based on our discussions and preliminary site investigation using a smart level to measure slopes of
existing ADA ramps on Balboa, we anticipate our services will include:
• Assess Existing ADA ramps on Balboa based on survey data provided in Task 3 above to
determine which ramps need to be modified to meet current code
• Detail upto 9 ADA ramps for reconstruction and installation of truncated domes to meet
current code using survey data of existing condition.
• Add truncated domes to the remaining 15 existing ADA ramps that are not expected to need
reconstruction.
ESTIMATED FEES
Task 1: Concept Design of Balboa Blvd............................................................................. $18,400
Task 2: Design Development of Balboa Blvd (Landscape Design Only) ........................... $19,500
Task 3: Survey Existing ADA Ramps on Balboa Blvd ........................................................ $4,500
Task 4: Detail ADA Ramps to Meet Current Code.............................................................. $6,000
TOTAL Estimated Fee: $48,400
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
15TH STREET AND BALBOA BOULEVARD RECONSTRUCTION PROJECT —
CONSTRUCTION DOCUMENTS AND SUPPORT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 14th day of April, 2015 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City'), and PSOMAS, a California corporation ("Consultant'), whose address is 555
South Flower Street, Suite 4300, Los Angeles, California 90071, and is made with
reference to the following:
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide construction documents and
construction support for the 15th Street and Balboa Boulevard Reconstruction
Project ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Two Hundred
Seventy Six Thousand Seven Hundred Dollars and 00/100 ($276,700.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Matt Heideman, P.E. to
be its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
:1liTitf.lFi:7_�iL�7u
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
Psomas Page 3
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one _(1)_or more first-
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and' hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims'), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
•4•_., 60
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
Psomas Page 5
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
ITERIS, INC. ("Iteris") and RABBEN HERMAN DESIGN OFFICE ("R/Hdo"), and are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
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has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
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infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
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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.
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Matt Heideman, P.E.
Psomas
3 Hutton Centre Drive, Suite 200
Santa Ana, CA 92707
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
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28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
Psomas Page 10
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Psomas Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR Y'S OFFICE
Date:
By:
Aaron C. Harp (M c"Kit
City Attorney
ATTEST:
Date:
r
By. Oaaoo?47yl�
Leilani I. Brown
City Clerk
L"LI Foy
CITY OF NEWPORT BEACH,
a California munici al corporation
Date: I'll
Edward D. Selich
Mayor
CONSULTANT:
corporation
Date:
a
Psomas, a California
Date:li� 8 /
By: %6 a 'Ol"C
Debra Lambeck
Corporate Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Project Limits
Psomas Page 12
Psomas Page A-1
EXHIBIT A
SCOPE OF SERVICES
1St" Street and Balboa Revitalization Project — Balboa Peninsula
Psomas ("Consultant") shall be responsible for the following:
(Subconsultants under this Agreement shall include lteris, Inc. (` Iteris") and
Rabben Herman design office ("R/Hdo")J.
The following schedule is assumed for budgeting purposes:
• Design Development (60% Plans) — 1 month
• City Review and Public Update — 1 month
• Construction Documents (90% Plans and Specs) — 1 month
• City Review and Comment — 2 weeks
• Complete Bid Set (100% Plans and Specs) — 3 weeks
• Finalize Bid Package with City — 3 weeks
• Bid Period and Advertisement —1 month
• Select Contractor and Contractor Mobilization — 2 months
• Construction — 5 months
The following tasks shall be provided.
Task 1 —Topographic Field Survey of Balboa Boulevard
Consultant shall prepare a topographic survey as delineated on the "Project Limits"
attachment attached hereto and incorporated herein by reference as Exhibit D. The
scope of the work is as follows:
th
• Extend the survey control from the 15 Street / Marina Park survey
(prepared by others) to each site noted on the exhibit.
• Perform a topographic survey within the limits of the eight sites noted on
the exhibit. Items to be surveyed include:
• Top of curb, flowlines and gutters
• Back of Walk and decorative fences along the back of walk
• Median curbs and edge of pavement
• Trees and other substantial landscaping features
° Above ground utilities and indications of underground utilities
(manholes, valve covers, etc.)
• Locate inverts of sewer and storm drains at manholes within the
eight sites.
° Pavement shots as necessary to delineate grade breaks.
• Prepare an AutoCAD drawing file showing topographic features within the
eight sites.
Page A-2
• Prepare a digital terrain model (DTM) in AutoDesk Civil3D for the eight
sites.
Excluded from this scope is any street centerline establishment and right-of-way
determination.
Task 2 — Aerial Topography — Planimetrics only of Balboa Boulevard
Mapping of Balboa Blvd existing surface features, as delineated on the Survey Limits,
attached hereto and incorporated herein by reference as Exhibit D, will be flown with
COLOR stereo models to produce a 1"=20' Planimetric map from ROW to ROW. Five
(5) horizontal and vertical control points will be established as part of the Field Survey
provided in Task 1 above and pre -paneled prior to flight. A two week delivery time is
required, weather permitting.
Task 3 — Extended Public Participation in Conceptual Design Phase
During the Conceptual Design phase, additional work related to the Balboa conceptual
studies was performed by Consultant due to the extended schedule and addressing
comments from the City in preparation for the presentation to City Council.
Task 4 — Design Development of Street Improvements for Balboa Boulevard
Design Development (60% plans) will include addressing any remaining design issues
discussed with the City following the conceptual plan approval and preparing a 60%
plan with general notes, typical sections, detail for protection of sewer main and
identification of any utility relocations necessary. Plans will be prepared at 40' scale
using the aerial topography provided in Task 2 above together with the aerial photo and
base maps provided by the City as background. Field survey included in Task 1 above
shall provide more accurate definition of the existing constraints where changes to curb
and pavement are identified on the conceptual plan. Consultant shall update the
construction quantities and coordinate with the other team members to update the
project cost estimate and will be submitted to the City along with the plans for review.
Hydrology and hydraulics are not included for Balboa Boulevard since there are no
planned changes that would significantly impact the existing condition. There are also
no water quality measures proposed as part of the Balboa portion of the project
however, design options for sustainability may be considered and presented to the City
if applicable.
Task 5 — Design Development of Signing, Striping and Lighting for Balboa
Boulevard
(Consultant shall use Iteris as a subconsultant for this Task)
5.1— Prepare Design Development Plans
This task involves preparation of traffic and electrical engineering design development
plans based on a selected conceptual layout which shall be approved by the City.
Consultant shall prepare plans for all improvements as required to accommodate the
approved conceptual layout. Subtasks are as follows:
5,1,1 — Research and Field Investiaation
Consultant shall continue researching and obtaining additional existing pertinent
plans and data, including traffic signal, street lighting, signing and stripping, and
utility plans available for the project area.
Consultant will expand a field investigation limits to cover all project area to verify
all existing features on the plans and to identify all the relevant features. The field
review will include work necessary to inspect the project area with respect to
needs for preparing traffic engineering plans. The field information collected will
include but are not limited to:
• Curb -to -curb width, sidewalk widths
• Lane dimensions
• Striping type and condition
Crosswalk location and widths
• Location and widths of all driveways
Location and length of all painted curbs
• Location and type of street signs
• Identify existing utilities (storm drains, fire hydrants, catch basins, etc.)
• Location and type of all pertinent signal related equipment including poles,
conduits and pull boxes
• Controller cabinet and controller condition
• Location of street lighting poles
• Location and size of trees
• Parking condition
Land use type along the design route
As part of subtask, the City and Consultant shall perform the field investigation of
existing street lighting inventory within the project limits and will generate the
upgrade recommendation summary report.
Consultant shall develop the base plans based on the field investigation and data
collection where there is no topographic survey data available.
Task 6 — Street Improvement Plans
Consultant shall continue to develop the street improvement plans from the design
development set (60% plans) prepared under separate proposal and Task 2 above and
submit to the City for review at 90% and 100% completion. These plans shall include
details and construction notes for curb, gutter, pavement, sidewalks, median
improvements, pay station pedestals, wet utility relocations, storm drain inlets and water
quality measures.
Hydrology and hydraulics shall be finalized from the Design Development study included
th th
for 15 Street and include analysis of water quality treatment for 15 Street. Other
sustainability options will be considered during design development and discussed after
the 60% plan submittal with the City to determine if any additional measures are to be
implemented into the 90% plans. Changes to sustainability design after 90% may result
in additional services. A WQMP is not included as part of this scope of work.
th
Erosion control shall be provided for 15 Street and Balboa for protection of inlets and
offsite runoff during construction. An SWPPP is not included as part of this scope of
work.
Plans shall include callouts for demolition and items to be protected in place. There are
no anticipated utility relocations. The specifications shall require the contractor to locate
all existing utilities in areas of excavation prior to construction.
Consultant shall update the construction quantities and coordinate with the other team
members to update the project cost estimate to be submitted to the City for review.
Value engineering analysis shall be performed after the 60% plans are submitted (one
time only) and the team shall discuss any options with the City before continuing with the
90% package. Revisions to the street improvement plans as a result of value
engineering will be incorporated into the 90% package.
Specifications shall be prepared and submitted with the 90% and 100% plan submittals
and shall use the City's standard format but blended with CSI specs for special
provisions. Consultant shall consolidate the specification sections from all disciplines into
one Project Specifications Manual.
Task 7 — Signal, Signing, Striping and Lighting Plans
(Consultant shall use Iteris as a subconsultant for this Task)
Task 7.1— Utilities Coordination
Consultant shall identify and plot all utilities within the Project Sites. Consultant shall also
coordinate any utility relocation that is required as a result of the proposed
improvements. As a minimum, written notifications to utility companies will consist of the
following; Utility Information Request, Prepare to Relocate Notice, and Notice to
Relocate.
Page A-5
Task 7.2 — Traffic Signal Modification Plan
In addition to the original scope of this subtask, the design plans shall be submitted for
review at the 90% and 100% progress level for City review and comments. The 100%
plan will be submitted as signed and sealed mylars suitable to be included into a bid
package by the City. Under this subtask, Consultant shall perform safety lighting analysis
th
at the intersection of 15 Street and Balboa Boulevard using GE Evolve Series LED or
equivalent. The results of this lighting analysis will be used to verify placement and
quantity of safety lighting to satisfy the City's minimum illuminance levels.
Deliverables: 90% and 100% Traffic Signal Modification Plan
Task 7.3 — Signing and Striping
A signing and striping plan along 15th Street within the project limits and along Balboa
Boulevard from 12th Street to 21St Street shall be prepared using 1"=40' scale. The plans
shall show the existing signing and striping, as well as new signs, stripes, and/or
pavement markings necessary. In addition to the original scope, the design plans shall
be submitted for review at 90% and 100% progress level for City review and comments.
The 100% plan shall be submitted as signed and sealed mylars suitable to be included
into a bid package by the City.
Deliverables: 90% and 100% Signing and Striping Plans
Task 7.4 — Street Lighting
Upon City's selection of the preferred lighting upgrade option in Subtask 5.1.1,
Consultant shall prepare street lighting plans for the installation of the street lighting
system along Balboa Boulevard between 12th Street and 21St Street. The plans will be
prepared at a scale of V=40' and will conform to the requirements of the City. In addition
to the original scope, the design plans will be submitted for review at 90% and 100%
progress level for City review and comments. The 100% plan will be submitted as signed
and sealed mylars suitable to be included into a bid package by the City. Under this
th
subtask, we will review optional low profile lighting for pedestrians along 15 Street near
alley areas and if acceptable, we will coordinate with utility company to establish power
to these lights.
Deliverables: 90% and 100% Street Lighting Plans
Task 7.5 — Cost Estimates
In addition to the original scope, Consultant shall prepare an engineer's cost estimate to
be included in the 90% and 100% submittal. A final Contract Item List (Bid Sheet) for all
work items shown on the plans shall be prepared for the final submittal. The cost
estimate will include quantities and unit costs with back up information as necessary.
Deliverables: Cost Estimates
Page A-6
Task 7.6 — Meetings and Coordination
Consultant shall continue to attend meetings with Consultant, City, and the community to
discuss project requirements, obtain feedback, build consensus, etc. Subconsultant's
additional scope for this task includes assisting Consultant in presenting the 60%
preliminary design at the public outreach meeting and answering any questions from the
public.
Task 8 — Easement Legal Descriptions and Plats
Consultant will prepare Legal Descriptions and Plats (L&P's) for acquisition
parcels, suitable for inclusion into property acquisition documents (prepared by others)
and recordation with the County of Orange, CA. For the purposes of this proposal, it is
assumed that up to three (3) L&P's may be needed.
A unit cost of $2,000 per L&P was used as a basis for the total not -to -exceed budget
provided in Schedule A. The cost includes one set of revisions based on agency or client
comments (excluding design changes).
Task 9 — Landscape, Hardscape and Irrigation Plans
(Consultant shall use R/Hdo as a subconsultant for this Task)
PHASE 1 Construction Documents
Upon obtaining approval of Design Development package from the City, Consultant
shall prepare landscape construction documents suitable for bidding.
A. MEETING - attend project meeting with the project team to determine
any design revisions to the Design Development package, outstanding
coordination issues, budget revisions, and schedule - assume one
meeting.
B. CONSTRUCTION DOCUMENT BASE SHEETS - refine the design
development base sheets prepared during design development. These
base sheets shall be the basis for future landscape construction
documents.
C. HARDSCAPE CONSTRUCTION PLANS - prepare Construction Plans
indicating construction reference notes, legends, material schedules, and
layout and detail reference call -outs. These plans shall include the limits
of all pedestrian paving, crosswalks and median hardscape. The plans
will also identify materials, color texture, score lines and all requirements
for the surface treatment. Consultant shall be responsible for horizontal
and vertical control and pavement sections.
Page A-7
D. HARDSCAPE CONSTRUCTION DETAILS - prepare construction details
of hardscape elements, i.e. steps, walls, entry monuments, green screen,
and site furniture, etc.
E. PLANTING PLANS - prepare Planting Plans indicating planting locations,
complete with detailed notes and legends.
F. PLANTING DETAILS - prepare Planting Details.
G. IRRIGATION PLANS - prepare Irrigation Plans indicating general
irrigation notes, legends, sprinkler head layout, piping, POC's, valves,
backflow and irrigation controller locations.
H. IRRIGATION DETAILS - prepare Irrigation Details
IN-HOUSE REVIEW AND PLAN CHECK - provide continuous in-house
review and plan check of the Construction Documents.
J. CONSULTANT COORDINATION - provide coordination as it relates to
Consultant's work relative to other members of the teams work, i.e. civil
engineer (grading, layout and drainage), electrical engineer (lighting),
traffic (signalization) etc.
K. STATEMENT OF PROBABLE LANDSCAPE CONSTRUCTION COSTS
— assist Consultant in preparing a Statement of Probable Landscape
Construction Costs based upon the construction documents.
L. SPECIFICATIONS - prepare typed specifications in the CSI format that
describe in detail, general requirements, products and execution methods
for Consultant's scope of work. Hardcopy and disk in Word format will be
submitted to Consultant for incorporation into the overall Project
Specification Manual.
M. TEAM COORDINATION MEETINGS - attend team coordination
meetings with the project team to resolve specific coordination issues -
assume three (3) meetings.
N. PUBLIC WORKSHOP — attend one public workshop to present the most
current design.
O. IN-HOUSE PLAN CHECK REVIEW and REVISIONS - concurrent with
the Client review of the 60% submittal, perform in-house plan check
review and revisions.
P. COMPLETE SUBMITTAL - submit a 90% complete construction
documents package to the Client for review and comment.
Q. CITY OF NEWPORT BEACH PLAN CHECK SUBMITTAL - submit the
90% complete Construction Document package to the City and for plan
check review. Revise the Construction Documents as necessary to gain
City approval.
R. PLAN REVISIONS - provide revisions to the landscape construction
documents to gain City approval.
S. COMPLETE "BID SET" SUBMITTAL - submit a 100% complete "Bid Set"
construction documents package to the Client for bidding purposes.
T. FINAL PLAN REVISIONS - provide final revisions to the landscape
construction documents to gain City approval.
Anticipated Phase Duration: coincident with civil engineering schedule
Anticipated Base Scale: 1" = 20'
Anticipated Sheet Size: 24" x 36"
Anticipated Deliverables:
• Hardscape Construction Plans
• Hardscape Construction Details
Planting Plans
• Planting Details
Irrigation Plans
Irrigation Details
• Specifications
Statement of Probable Landscape Construction Costs
90% Submittal Package
100% "Bid Set" Submittal Package
Task 10 — Project Management, Coordination and Meetings
Consultant shall meet with the City and design team to present and discuss the plan.
Consultant's services shall be provided on a time and material basis. This task includes
up to six (6) local meetings and time for team coordination and project management.
Consultant shall provide responses to City comments and coordinate the preparation of
one (1) public update at the end of the design development phase. If additional
meetings are requested, Consultant shall request a budget extension to attend these
meetings.
Task 11 — Bid Assistance and Construction Support - Civil
Consultant shall assist the City during the bid phase of the project by assembling
the necessary bid documents, attending the pre-bid meeting, receiving and evaluating
bids, and providing the City with recommendations. Consultant shall provide drawing
interpretation and clarification during the bid phase, including issuance of addenda, if
necessary.
Consultant shall provide construction support during the Construction Administration
Phase. The duration of construction is assumed to take one hundred (100) working
days or five (5) months for the purposes of this estimate. Consultant's services
include:
• Respond to all construction related activities at the job site as directed
to address any questions related to the consultants design documents.
• Respond to requests for information and review shop drawing submittals.
• Attend construction meetings up to five (5) meetings at the job site.
• Attend final walk through if needed to go over punch list for final
certification.
• Prepare "As-builts" of Consultant plans for project close out
Task 12 — Bid and Construction Support - Traffic
(Consultant shall use Iteris as a subconsultant for this Task)
Task 12.1 — Specifications
The City has implemented a Traffic Signal Special Provisions Supplemental for all traffic
signal related work and will be updated for this project.
Deliverables: Specifications
Task 12.2— Construction Support
In support of this task, Consultant shall serve as an extension of City staff to provide
construction support. Consultant staff shall be available to support the activities listed
below.
1. Attendance at Pre -Construction meeting
2. Assistance with Bid Process, Selection and Award
3. Communicating through city staff, respond via phone and email to requires for
information by Contractor or City staff
4. Support approval process of submittals by Contractor
5. On-site construction support
6. Preparation of Mylar record drawings based on Contractor red -line As -Built
drawings
Task 13 — Bid and Construction Support - Landscape
(Consultant shall use R/Hdo as a subconsultant for this Task)
Bidding Support
Consultant shall assist the City during the bidding of landscape construction
documents.
A. BIDDERS LIST - prepare a bidders list of qualified Landscape
Contractors, if requested by the City.
Page A-10
B. ADDENDA - provide addenda to the construction documents during
bidding and coordinate written documentation as required.
C. BIDDER COORDINATION - respond to bidders questions throughout the
entire bidding process.
D. BID EVALUATION AND BIDDER SELECTION MEETINGS - attend
meetings, if requested, to evaluate the landscape bids - maximum one (1)
meeting.
Anticipated Deliverables:
• Bidder's list, if requested.
Construction Observation Support
Assist the City in making periodic site visits to monitor the progress of the work and
determine if the Project is proceeding in accordance with the design intent of the
construction documents.
A. SITE VISITS - provide a maximum of twelve (12) site visits to monitor
some, if not all, of the following stages of landscape construction:
• Pre -Construction or "Kick -Off' meeting.
• Review of paving mock-ups.
• Layout of major hardscape elements i.e., paving, walls and fences (2
visits).
Review of installed hardscape elements.
• Layout of plant material (3 visits).
• Irrigation sprinkler coverage test.
• Pre -final Walkthrough prior to the start of the 90 -day landscape
maintenance period.
• Final Walkthrough prior to the start of the 90 -day landscape maintenance
period.
• Final Walkthrough for project acceptance.
B. PLANT SELECTION AND TAGGING - visit Southern California
nurseries, if required, to review and tag plant material for use on the project -
allow two 8 -hour days.
C. FIELD REPORTS OR "PUNCH LISTS" - prepare typed field reports
indicating the status of construction for each site visit attended.
D. PROJECT COORDINATION - perform on-going coordination with the
project consultants and contractors to resolve landscape -related construction
installation issues.
E. SHOP DRAWING AND ALTERNATIVE MATERIAL REVIEW - review,
comment and process, Contractor's shop drawings as they relate to the
construction documents. If required, review and process alternative materials as
they relate to the construction documents.
F. REQUEST FOR INFORMATION "BFI's" - review and respond to
Contractor's RFI's during the course of construction. Prepare clarification
drawings, if required, to resolve construction ambiguities.
G. CHANGE ORDERS - prepare and coordinate landscape -related change
orders as necessary, with the Client.
Anticipated Deliverables:
• Field Reports or Punch Lists
• Reviewed Shop Drawings
This Scope of Work is based upon the Schematic Design Plans prepared by R/Hdo,
dated February 10, 2015.
A. LIMIT OF WORK — to include limits as shown on approved Schematic
Design.
B. BASE FILES - AutoCAD base files indicating property lines, building
footprints, curbs, setbacks, existing and proposed utilities and improvements
will be prepared by Consultant.
C. CIVIL ENGINEERING - Consultant is assumed to supply subconsultant
with construction document base sheets, which clearly indicate property lines,
building footprints, curbs, utilities, existing and proposed utility improvements,
and other pertinent information deemed necessary for R/Hdo to prepare
accurate landscape construction documents. In addition, the civil engineer is
assumed responsible for providing rough and fine grading, drainage, vertical
and horizontal controls.
D. SOILS ENGINEERING — the City is assumed to be responsible for
providing City standard details and recommendations pertaining to paving
sections, reinforcing, sub base preparation, and doweling.
E. ELECTRICAL ENGINEERING - an electrical engineer is assumed to be
responsible for providing site lighting electrical plans including lighting fixture
schedules, electrical details, and electrical hookups to the irrigation controllers.
F. SPECIFICATIONS - Consultant shall be responsible for preparing their
own Division 2-16 specification sections for incorporation into specification
manual.
G. MEETINGS - all meeting are to be held in the Orange County area.
H. CLIENT APPROVALS - verbal requests by the City to commence the
next phase of work shall constitute approval of the previous phase of work.
Page A-12
Task 13 Proposal Exclusions
Items not covered in the Scope of Work under Task 13 and assumed to be provided by
the City or others:
A. Topographic and boundary surveys.
B. Geotechnical reports.
C. Existing site utility drawings.
D. Horticultural soil testing.
E. CITY OF NEWPORT BEACH PLAN CHECK PROCESSING -
preparation, monitoring and processing of Consultant's Construction Documents
through the City of Newport Beach.
F. "AS -DESIGNED" DRAWINGS - preparation of "As -Designed" drawings
which collate previous RFI, modification drawings, field changes, and value
engineering revisions into one final set of construction documents.
G. "AS -BUILT" DRAWINGS - preparation of "As -Built" drawings. Consultant
assumes that this effort will be provided by the Contractor.
ADDITIONAL SERVICES
Services in addition to Consultant's Scope of Work under Task 13, when requested,
shall be identified as such and billed at the current billing rate schedule. Additional
services shall include, but are not limited to the following:
A. Items that the City deems are Consultant's responsibility indicated in
Task 13 Proposal Exclusions.
B. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated
in each phase of Task 13 Scope of Work
C. PHASED OR SEGMENTED WORK - services requested in a phased or
segregated bid basis. Consultant assumes that this project shall be
designed and construction documents prepared in one contiguous effort.
D. SPECIFICATIONS REFORMATTING — Consultant shall provide typed
CSI -formatted specifications in printed hardcopy and digitally using
Microsoft Word. Minor reformatting such as font and header changes
shall be accommodated in this proposal, however, any major specification
reformatting such as integration with another consultant's specification
format or change in software from Word will be deemed an additional
service.
E. FEES - Payment for governmental permits, application fees, processing
fees, and plan check fees.
F. EXCESS CITY MEETINGS OR PUBLIC WORKSHOPS - meetings in
excess of those indicated in each phase of Task 13 Scope of Work
Page A-13
G. CONSTRUCTION OBSERVATION - Field observation site visits in
addition to those listed in the Task 13 Scope of Work and/or attendance at
weekly construction meetings.
H. SPECIAL RENDERINGS - professional renderings often required to
portray the landscape design in a more highly articulated or rendered
fashion than is usually customary.
1. VALUE ENGINEERING REVISIONS - revisions required to value
engineer the landscape portion. Consultant shall update the construction
quantities and coordinate with the other team members to update the
project cost estimate to be submitted to the City for review. Value
engineering analysis will be performed after the 60% plans are submitted
(one time only) and the team will discuss any options with the City before
continuing with the 90% package. Revisions to the street improvement
plans as a result of value engineering will be incorporated into the 90%
package.
Exclusions (All)
• Construction Staking Right of Way Mapping Phasing of Work
• Structural Design (including walls or foundations) Dry Utility design or
relocations
• Sewer Plans WQMP, SWPPP
• Agency plan check fees and permit processing
• Geotechnical Engineering
• Shoring Plans Traffic Engineering Utility Potholing
• Construction Management and Observation
• Environmental services
• Coastal Commission Coordination or Permit Processing
Page A-14
■
Psomas Page B-1
EXHIBIT B
FEE SCHEDULE
Construction Documents
Task 1: Field Survey of Balboa Blvd $17,800
Task 2:
Aerial Topography - Planimetrics only of Balboa Blvd
$ 5,000
Task 3:
Extended Public Participation in Conceptual Design Phase
$ 6,100
Task 4:
Design Development of Street Improvements for Balboa Blvd
$11,700
Task 5:
Design Development of Signal, Signing, Striping and Lighting for Balboa Blvd
$ 4,200
Task 6:
Street Improvement Plans
$58,500
Task 7:
Signal, Signing, Striping and Lighting Plans
$39,900
Task 8:
Easement Legal Descriptions and Plats (3)
$ 6,000
Task 9:
Landscape, Hardscape and Irrigation Plans
$53,500
Task 10: Project Management, Coordination and Meetings
$25,000
Subtotal:
$227,700
Construction Administration
Task 11: Bid Assistance and Construction Support - Civil $15,000
Task 12: Bid Assistance and Construction Support - Traffic $ 7,400
Task 13: Bid Assistance and Construction Support - Landscape $14,600
Reimbursable Expenses (5% of total fee) $12,000
Total Fee $276,700
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Psomas Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
Psomas Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Psoma3 Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
Psoma3 Page C-4
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Psomas Page D-1
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CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received:
5/29/15 Dept./Contact Received From:
Raymund
Date Completed:
6/8/15 Sent to: Raymund By:
Renee/Alicia
Company/Person required
to have certificate: PSOMAS
Type of contract:
Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/15 to 4/1/16
A.
INSURANCE COMPANY: National Union Fire Ins Co
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?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
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
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/15 to 4/1/16
A. INSURANCE COMPANY: National Union Fire Ins Co
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 $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
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 ® Yes ❑ No
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/15 to 4/1/16
A. INSURANCE COMPANY: National Union Fire Ins Co
B. AM BEST RATING (A-: VII or greater): A; XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
6/8/15
Date
® Yes ❑ No
® Yes ❑ No
1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
1O1 1 - ■
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:
Risk Management Date
* Subject to the terms of the contract.
CTY OF
F
NEWPORT BEACH
City Council Staff Report
April 14, 2015
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644-3330,
dawebb@newportbeachca.gov
PREPARED BY: Iris Lee, Senior Civil Engineer
PHONE: (949) 644-3323
TITLE: 15th Street and Balboa Boulevard Revitalization — Approval of Professional Services
Agreement with Psomas (CAP14-0006)
ABSTRACT:
Staff recommends approval of the Professional Services Agreement (PSA) with Psomas to finalize the City
Council approved conceptual design and to prepare the construction documents for the 15th Street and
Balboa Boulevard Revitalization Project.
RECOMMENDATION:
Approve a Professional Services Agreement with Psomas of Santa Ana, CA for the 15th Street and Balboa
Boulevard Revitalization project at a not -to -exceed price of $276,700.00, and authorize the Mayor and City
Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
Sufficient funding is available in the following accounts for this agreement:
Vendor Account Number Purpose Amount
Psomas 7181-C2002068 Professional Design Services $ 172,200.00
Psomas 7013-C2001013 Professional Design Services $ 104,500.00
Total: $ 276,700.00
DISCUSSION:
15th Street on the Balboa Peninsula provides access to both the Ocean and Bay, making this one of the
more popular coastal access locations in the vicinity. Furthermore, its proximity to the adjacent churches,
elementary school, and the upcoming Marina Park makes it a highly utilized area. Considering its prime
location and its heavy usage by residents and visitors, the street infrastructure is rather aged and stark in
its existing state.
After a qualification based selection process, the City entered into a PSA with the Psomas lead design
team on November 12, 2013 to prepare the 15th Street conceptual design plans to replace street
pavement, sidewalks, a traffic signal as well as improve the aesthetic appearance and functionality of the
neighborhood. Two Community Public outreach meetings were conducted to solicit input and determine
what would best fit the community needs. It was further conceptualized that the project creates an
opportunity to extend the recently completed Balboa Boulevard revitalization effort between W. Coast
Highway and 23rd Street. As a result, the Balboa Boulevard segment from 21st Street to 12th Street was
also studied and included for possible enhancement. This segment fronts the future Marina Park, creating a
complementary entrance for this new community amenity. A final conceptual plan was presented to and
approved by City Council at the February 10, 2015 study session. A copy of this approved Concept plan is
attached.
The current 2014/15 Capital Improvement Program budget contains the necessary funds to prepare design
documents for the 15th Street and Balboa Boulevard Revitalization Project. Given Psomas' experience,
planning and design approach, and intimate project knowledge and background obtained with the concept
plan development, staff recommends retaining Psomas (via a project specific agreement), pursuant to
Council Policy F-14, to finalize the conceptual plans and prepare the contract documents for a not -to -
exceed fee of $276,700.00. Staff met with Psomas to finalize the proposed scope of work and negotiate the
level of effort and final fee.
The design will generally focus on street improvements, landscape enhancements, streetlight upgrades,
and traffic signal modernization within the project limits. The scope of Psomas' professional services
includes the following:
• Design Development, which will address any remaining design, landscaping, and material selection
issues noted by City Council, the public and staff;
• Community Outreach, where staff will reach out to the public to ensure the design is consistent with the
approved conceptual design;
• Construction Documents, which includes construction plan details, cost estimate, and specifications; and
• Construction support, where Psomas will respond to construction inquiries, such as shop drawings and
"request for information," and provide construction observation.
The design will take approximately six months, with an anticipated construction mobilization date of early
2016. This schedule would allow project completion prior to Summer 2016.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15301 (Existing Facilities) and Section 15303 (New Construction or
Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3. The action will lead to the modification and construction of landscape and hardscape improvements
primarily within existing raised medians and parkways in Balboa Boulevard. Additionally, a few new small
raised landscaped median islands will be introduced along 15th Street. The construction of the project is
wholly within existing public rights-of-way and will not require the expansion or acquisition of additional the
rights-of-way. The overall project will result in negligible or no expansion of existing roadways and the
capacity of the existing roadways or number of parking spaces will not be diminished.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Location Mao
Attachment B - Aareement
Attachment C - Conceptual Layout
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ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
15TH STREET AND BALBOA BOULEVARD RECONSTRUCTION PROJECT —
CONSTRUCTION DOCUMENTS AND SUPPORT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 14th day of April, 2015 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City'), and PSOMAS, a California corporation ("Consultant'), whose address is 555
South Flower Street, Suite 4300, Los Angeles, California 90071, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide construction documents and
construction support for the 15th Street and Balboa Boulevard Reconstruction
Project ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services'
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
10-4
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Two Hundred
Seventy Six Thousand Seven Hundred Dollars and 00/100 ($276,700.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
Psomas Page 2
10-5
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Matt Heideman, P.E. to
be its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
Psomas Page 3
MA
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and' hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
Psomas Page 4
10-7
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
Psomas Page 5
f[Gb9
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint-venture or syndicate or co-tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
ITERIS, INC. ("Iteris") and RABBEN HERMAN DESIGN OFFICE ("R/Hdo"), and are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
Psomas Page 6
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has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
Psomas Page 7
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infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
Psomas Page 8
FD3f1
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Matt Heideman, P.E.
Psomas
3 Hutton Centre Drive, Suite 200
Santa Ana, CA 92707
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
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28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
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29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
in
Aaron C. Harp CAM w1411 i
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Edward D. Selich
Mayor
CONSULTANT: Psomas, a California
corporation
Date:
By:
Robert J. Talafus
Vice President
Date:
By:
Debra Lambeck
Corporate Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Project Limits
Psomas
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EXHIBIT A
SCOPE OF SERVICES
Psomas Page A-1
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EXHIBIT A
SCOPE OF SERVICES
151h Street and Balboa Revitalization Project — Balboa Peninsula
Psomas ("Consultant") shall be responsible for the following:
(Subconsultants under this Agreement shall include Iteris, Inc. (`9teris") and
Rabben Herman design office ("R/Hdo")j.
The following schedule is assumed for budgeting purposes:
• Design Development (60% Plans) — 1 month
• City Review and Public Update — 1 month
• Construction Documents (90% Plans and Specs) — 1 month
• City Review and Comment — 2 weeks
• Complete Bid Set (100% Plans and Specs) — 3 weeks
• Finalize Bid Package with City — 3 weeks
• Bid Period and Advertisement — 1 month
• Select Contractor and Contractor Mobilization — 2 months
• Construction — 5 months
The following tasks shall be provided.
Task 1 —Topographic Field Survey of Balboa Boulevard
Consultant shall prepare a topographic survey as delineated on the 'Project Limits'
attachment attached hereto and incorporated herein by reference as Exhibit D. The
scope of the work is as follows:
lh
• Extend the survey control from the 15 Street / Marina Park survey
(prepared by others) to each site noted on the exhibit.
• Perform a topographic survey within the limits of the eight sites noted on
the exhibit. Items to be surveyed include:
• Top of curb, flowlines and gutters
• Back of Walk and decorative fences along the back of walk
• Median curbs and edge of pavement
• Trees and other substantial landscaping features
• Above ground utilities and indications of underground utilities
(manholes, valve covers, etc.)
• Locate inverts of sewer and storm drains at manholes within the
eight sites.
• Pavement shots as necessary to delineate grade breaks.
• Prepare an AutoCAD drawing file showing topographic features within the
eight sites.
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• Prepare a digital terrain model (DTM) in AutoDesk Civil3D for the eight
sites.
Excluded from this scope is any street centerline establishment and right-of-way
determination.
Task 2 — Aerial Topography — Planimetrics only of Balboa Boulevard
Mapping of Balboa Blvd existing surface features, as delineated on the Survey Limits,
attached hereto and incorporated herein by reference as Exhibit D, will be flown with
COLOR stereo models to produce a 1"=20' Planimetric map from ROW to ROW. Five
(5) horizontal and vertical control points will be established as part of the Field Survey
provided in Task 1 above and pre -paneled prior to flight. A two week delivery time is
required, weather permitting.
Task 3 — Extended Public Participation in Conceptual Design Phase
During the Conceptual Design phase, additional work related to the Balboa conceptual
studies was performed by Consultant due to the extended schedule and addressing
comments from the City in preparation for the presentation to City Council.
Task 4 — Design Development of Street Improvements for Balboa Boulevard
Design Development (60% plans) will include addressing any remaining design issues
discussed with the City following the conceptual plan approval and preparing a 60%
plan with general notes, typical sections, detail for protection of sewer main and
identification of any utility relocations necessary. Plans will be prepared at 40' scale
using the aerial topography provided in Task 2 above together with the aerial photo and
base maps provided by the City as background. Field survey included in Task 1 above
shall provide more accurate definition of the existing constraints where changes to curb
and pavement are identified on the conceptual plan. Consultant shall update the
construction quantities and coordinate with the other team members to update the
project cost estimate and will be submitted to the City along with the plans for review.
Hydrology and hydraulics are not included for Balboa Boulevard since there are no
planned changes that would significantly impact the existing condition. There are also
no water quality measures proposed as part of the Balboa portion of the project
however, design options for sustainability may be considered and presented to the City
if applicable.
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Task 5 — Design Development of Signing, Striping and Lighting for Balboa
Boulevard
(Consultant shall use Iteris as a subconsultant for this Task)
5.1— Prepare Design Development Plans
This task involves preparation of traffic and electrical engineering design development
plans based on a selected conceptual layout which shall be approved by the City.
Consultant shall prepare plans for all improvements as required to accommodate the
approved conceptual layout. Subtasks are as follows:
5. 1.1 — Research and Field Investigation
Consultant shall continue researching and obtaining additional existing pertinent
plans and data, including traffic signal, street lighting, signing and stripping, and
utility plans available for the project area.
Consultant will expand a field investigation limits to cover all project area to verify
all existing features on the plans and to identify all the relevant features. The field
review will include work necessary to inspect the project area with respect to
needs for preparing traffic engineering plans. The Feld information collected will
include but are not limited to:
• Curb -to -curb width, sidewalk widths
Lane dimensions
Striping type and condition
• Crosswalk location and widths
Location and widths of all driveways
• Location and length of all painted curbs
Location and type of street signs
Y Identify existing utilities (storm drains, fire hydrants, catch basins, etc.)
• Location and type of all pertinent signal related equipment including poles,
conduits and pull boxes
• Controller cabinet and controller condition
• Location of street lighting poles
Location and size of trees
• Parking condition
• Land use type along the design route
As part of subtask, the City and Consultant shall perform the field investigation of
existing street lighting inventory within the project limits and will generate the
upgrade recommendation summary report.
Consultant shall develop the base plans based on the field investigation and data
collection where there is no topographic survey data available.
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Task 6 — Street Improvement Plans
Consultant shall continue to develop the street improvement plans from the design
development set (60% plans) prepared under separate proposal and Task 2 above and
submit to the City for review at 90% and 100% completion. These plans shall include
details and construction notes for curb, gutter, pavement, sidewalks, median
improvements, pay station pedestals, wet utility relocations, storm drain inlets and water
quality measures.
Hydrology and hydraulics shall be finalized from the Design Development study included
for 15th Street and include analysis of water quality treatment for 15'h Street. Other
sustainability options will be considered during design development and discussed after
the 60% plan submittal with the City to determine if any additional measures are to be
implemented into the 90% plans. Changes to sustainability design after 90% may result
in additional services. A WQMP is not included as part of this scope of work.
m
Erosion control shall be provided for 15 Street and Balboa for protection of inlets and
offsite runoff during construction. An SWPPP is not included as part of this scope of
work.
Plans shall include callouts for demolition and items to be protected in place. There are
no anticipated utility relocations. The specifications shall require the contractor to locate
all existing utilities in areas of excavation prior to construction.
Consultant shall update the construction quantities and coordinate with the other team
members to update the project cost estimate to be submitted to the City for review.
Value engineering analysis shall be performed after the 60% plans are submitted (one
time only) and the team shall discuss any options with the City before continuing with the
90% package. Revisions to the street improvement plans as a result of value
engineering will be incorporated into the 90% package.
Specifications shall be prepared and submitted with the 90% and 100% plan submittals
and shall use the City's standard format but blended with CSI specs for special
provisions. Consultant shall consolidate the specification sections from all disciplines into
one Project Specifications Manual.
Task 7 — Signal, Signing, Striping and Lighting Plans
(Consultant shall use Iteris as a subconsultant for this Task)
Task 7.1 — Utilities Coordination
Consultant shall identify and plot all utilities within the Project Sites. Consultant shall also
coordinate any utility relocation that is required as a result of the proposed
improvements. As a minimum, written notifications to utility companies will consist of the
following; Utility Information Request, Prepare to Relocate Notice, and Notice to
Relocate.
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Task 7.2 — Traffic Signal Modification Plan
In addition to the original scope of this subtask, the design plans shall be submitted for
review at the 90% and 100% progress level for City review and comments. The 100%
plan will be submitted as signed and sealed mylars suitable to be included into a bid
package by the City. Under this subtask, Consultant shall perform safety lighting analysis
at the intersection of 15 th Street and Balboa Boulevard using GE Evolve Series LED or
equivalent. The results of this lighting analysis will be used to verify placement and
quantity of safety lighting to satisfy the City's minimum illuminance levels.
Deliverables: 90% and 100% Traffic Signal Modification Plan
Task 7.3 — Signing and Striping
A signing and striping plan along 15th Street within the project limits and along Balboa
Boulevard from 12�h Street to 2151 Street shall be prepared using V=40' scale. The plans
shall show the existing signing and striping, as well as new signs, stripes, and/or
pavement markings necessary. In addition to the original scope, the design plans shall
be submitted for review at 90% and 100% progress level for City review and comments.
The 100% plan shall be submitted as signed and sealed mylars suitable to be included
into a bid package by the City.
Deliverables: 90% and 100% Signing and Striping Plans
Task 7.4 — Street Lighting
Upon City's selection of the preferred lighting upgrade option in Subtask 5.1.1,
Consultant shall prepare street lighting plans for the installation of the street lighting
system along Balboa Boulevard between 12th Street and 21St Street. The plans will be
prepared at a scale of 1"=40' and will conform to the requirements of the City. In addition
to the original scope, the design plans will be submitted for review at 90% and 100%
progress level for City review and comments. The 100% plan will be submitted as signed
and sealed mylars suitable to be included into a bid package by the City. Under this
m
subtask, we will review optional low profile lighting for pedestrians along 15 Street near
alley areas and if acceptable, we will coordinate with utility company to establish power
to these lights.
Deliverables: 90% and 100% Street Lighting Plans
Task 7.5 — Cost Estimates
In addition to the original scope, Consultant shall prepare an engineer's cost estimate to
be included in the 90% and 100% submittal. A final Contract Item List (Bid Sheet) for all
work items shown on the plans shall be prepared for the final submittal. The cost
estimate will include quantities and unit costs with back up information as necessary.
Deliverables: Cost Estimates
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Task 7.6 — Meetings and Coordination
Consultant shall continue to attend meetings with Consultant, City, and the community to
discuss project requirements, obtain feedback, build consensus, etc. Subconsultant's
additional scope for this task includes assisting Consultant in presenting the 60%
preliminary design at the public outreach meeting and answering any questions from the
public.
Task 8 — Easement Legal Descriptions and Plats
Consultant will prepare Legal Descriptions and Plats (L&P's) for acquisition
parcels, suitable for inclusion into property acquisition documents (prepared by others)
and recordation with the County of Orange, CA. For the purposes of this proposal, it is
assumed that up to three (3) L&P's may be needed.
A unit cost of $2,000 per L&P was used as a basis for the total not -to -exceed budget
provided in Schedule A. The cost includes one set of revisions based on agency or client
comments (excluding design changes).
Task 9 — Landscape, Hardscape and Irrigation Plans
(Consultant shall use R/Hdo as a subconsultant for this Task)
PHASE 1 Construction Documents
Upon obtaining approval of Design Development package from the City, Consultant
shall prepare landscape construction documents suitable for bidding.
A. MEETING - attend project meeting with the project team to determine
any design revisions to the Design Development package, outstanding
coordination issues, budget revisions, and schedule - assume one
meeting.
B. CONSTRUCTION DOCUMENT BASE SHEETS - refine the design
development base sheets prepared during design development. These
base sheets shall be the basis for future landscape construction
documents.
C. HARDSCAPE CONSTRUCTION PLANS - prepare Construction Plans
indicating construction reference notes, legends, material schedules, and
layout and detail reference call -outs. These plans shall include the limits
of all pedestrian paving, crosswalks and median hardscape. The plans
will also identify materials, color texture, score lines and all requirements
for the surface treatment. Consultant shall be responsible for horizontal
and vertical control and pavement sections.
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D. HARDSCAPE CONSTRUCTION DETAILS - prepare construction details
of hardscape elements, i.e. steps, walls, entry monuments, green screen,
and site furniture, etc.
E. PLANTING PLANS - prepare Planting Plans indicating planting locations,
complete with detailed notes and legends.
F. PLANTING DETAILS - prepare Planting Details.
G. IRRIGATION PLANS - prepare Irrigation Plans indicating general
irrigation notes, legends, sprinkler head layout, piping, POC's, valves,
backflow and irrigation controller locations.
H. IRRIGATION DETAILS - prepare Irrigation Details.
I. IN-HOUSE REVIEW AND PLAN CHECK - provide continuous in-house
review and plan check of the Construction Documents.
J. CONSULTANT COORDINATION - provide coordination as it relates to
Consultant's work relative to other members of the teams work, i.e. civil
engineer (grading, layout and drainage), electrical engineer (lighting),
traffic (signalization) etc.
K. STATEMENT OF PROBABLE LANDSCAPE CONSTRUCTION COSTS
— assist Consultant in preparing a Statement of Probable Landscape
Construction Costs based upon the construction documents.
L. SPECIFICATIONS - prepare typed specifications in the CSI format that
describe in detail, general requirements, products and execution methods
for Consultant's scope of work. Hardcopy and disk in Word format will be
submitted to Consultant for incorporation into the overall Project
Specification Manual.
M. TEAM COORDINATION MEETINGS - attend team coordination
meetings with the project team to resolve specific coordination issues -
assume three (3) meetings.
N. PUBLIC WORKSHOP — attend one public workshop to present the most
current design.
O. IN-HOUSE PLAN CHECK REVIEW and REVISIONS - concurrent with
the Client review of the 60% submittal, perform in-house plan check
review and revisions.
P. COMPLETE SUBMITTAL - submit a 90% complete construction
documents package to the Client for review and comment.
Q. CITY OF NEWPORT BEACH PLAN CHECK SUBMITTAL - submit the
90% complete Construction Document package to the City and for plan
check review. Revise the Construction Documents as necessary to gain
City approval.
R. PLAN REVISIONS - provide revisions to the landscape construction
documents to gain City approval.
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S. COMPLETE "BID SET" SUBMITTAL - submit a 100% complete "Bid Set"
construction documents package to the Client for bidding purposes.
T. FINAL PLAN REVISIONS - provide final revisions to the landscape
construction documents to gain City approval.
Anticipated Phase Duration: coincident with civil engineering schedule
Anticipated Base Scale: 1" = 20'
Anticipated Sheet Size: 24" x 36"
Anticipated Deliverables:
Hardscape Construction Plans
• Hardscape Construction Details
• Planting Plans
• Planting Details
Irrigation Plans
• Irrigation Details
• Specifications
• Statement of Probable Landscape Construction Costs
90% Submittal Package
• 100% "Bid Set" Submittal Package
Task 10 — Project Management, Coordination and Meetings
Consultant shall meet with the City and design team to present and discuss the plan.
Consultant's services shall be provided on a time and material basis. This task includes
up to six (6) local meetings and time for team coordination and project management.
Consultant shall provide responses to City comments and coordinate the preparation of
one (1) public update at the end of the design development phase. If additional
meetings are requested, Consultant shall request a budget extension to attend these
meetings.
Task 11 — Bid Assistance and Construction Support - Civil
Consultant shall assist the City during the bid phase of the project by assembling
the necessary bid documents, attending the pre-bid meeting, receiving and evaluating
bids, and providing the City with recommendations. Consultant shall provide drawing
interpretation and clarification during the bid phase, including issuance of addenda, if
necessary.
Consultant shall provide construction support during the Construction Administration
Phase. The duration of construction is assumed to take one hundred (100) working
days or five (5) months for the purposes of this estimate. Consultant's services
include:
Page A-9
10-24
• Respond to all construction related activities at the job site as directed
to address any questions related to the consultants design documents.
• Respond to requests for information and review shop drawing submittals.
• Attend construction meetings up to five (5) meetings at the job site.
• Attend final walk through if needed to go over punch list for final
certification.
• Prepare "As-builts" of Consultant plans for project close out
Task 12 — Bid and Construction Support - Traffic
(Consultant shall use Iteris as a subconsultant for this Task)
Task 12.1 — Specifications
The City has implemented a Traffic Signal Special Provisions Supplemental for all traffic
signal related work and will be updated for this project.
Deliverables: Specifications
Task 12.2— Construction Support
In support of this task, Consultant shall serve as an extension of City staff to provide
construction support. Consultant staff shall be available to support the activities listed
below.
1. Attendance at Pre -Construction meeting
2. Assistance with Bid Process, Selection and Award
3. Communicating through city staff, respond via phone and email to requires for
information by Contractor or City staff
4. Support approval process of submittals by Contractor
5. On-site construction support
6. Preparation of Mylar record drawings based on Contractor red -line As -Built
drawings
Task 13 — Bid and Construction Support - Landscape
(Consultant shall use R/Hdo as a subconsultant for this Task)
Bidding Support
Consultant shall assist the City during the bidding of landscape construction
documents.
A. BIDDERS LIST - prepare a bidders list of qualified Landscape
Contractors, if requested by the City.
Page A-10
10-25
B. ADDENDA - provide addenda to the construction documents during
bidding and coordinate written documentation as required.
C. BIDDER COORDINATION - respond to bidders questions throughout the
entire bidding process.
D. BID EVALUATION AND BIDDER SELECTION MEETINGS - attend
meetings, if requested, to evaluate the landscape bids - maximum one (1)
meeting.
Anticipated Deliverables:
Bidder's list, if requested.
Construction Observation Support
Assist the City in making periodic site visits to monitor the progress of the work and
determine if the Project is proceeding in accordance with the design intent of the
construction documents.
A. SITE VISITS - provide a maximum of twelve (12) site visits to monitor
some, if not all, of the following stages of landscape construction:
• Pre -Construction or "Kick -Off' meeting.
• Review of paving mock-ups.
Layout of major hardscape elements i.e., paving, walls and fences (2
visits).
• Review of installed hardscape elements.
Layout of plant material (3 visits).
• Irrigation sprinkler coverage test.
Pre -final Walkthrough prior to the start of the 90 -day landscape
maintenance period.
• Final Walkthrough prior to the start of the 90 -day landscape maintenance
period.
• Final Walkthrough for project acceptance.
B. PLANT SELECTION AND TAGGING - visit Southern California
nurseries, if required, to review and tag plant material for use on the project -
allow two 8 -hour days.
C. FIELD REPORTS OR "PUNCH LISTS" - prepare typed field reports
indicating the status of construction for each site visit attended.
D. PROJECT COORDINATION - perform on-going coordination with the
project consultants and contractors to resolve landscape -related construction
installation issues.
E. SHOP DRAWING AND ALTERNATIVE MATERIAL REVIEW - review,
comment and process, Contractor's shop drawings as they relate to the
Page A-11
10-26
construction documents. If required, review and process alternative materials as
they relate to the construction documents.
F. REQUEST FOR INFORMATION "RFI's" - review and respond to
Contractor's RFI's during the course of construction. Prepare clarification
drawings, if required, to resolve construction ambiguities.
G. CHANGE ORDERS - prepare and coordinate landscape -related change
orders as necessary, with the Client.
Anticipated Deliverables:
Field Reports or Punch Lists
• Reviewed Shop Drawings
This Scope of Work is based upon the Schematic Design Plans prepared by R/Hdo,
dated February 10, 2015.
A. LIMIT OF WORK — to include limits as shown on approved Schematic
Design.
B. BASE FILES - AutoCAD base files indicating property lines, building
footprints, curbs, setbacks, existing and proposed utilities and improvements
will be prepared by Consultant.
C. CIVIL ENGINEERING - Consultant is assumed to supply subconsultant
with construction document base sheets, which clearly indicate property lines,
building footprints, curbs, utilities, existing and proposed utility improvements,
and other pertinent information deemed necessary for R/Hdo to prepare
accurate landscape construction documents. In addition, the civil engineer is
assumed responsible for providing rough and fine grading, drainage, vertical
and horizontal controls.
D. SOILS ENGINEERING — the City is assumed to be responsible for
providing City standard details and recommendations pertaining to paving
sections, reinforcing, sub base preparation, and doweling.
E. ELECTRICAL ENGINEERING - an electrical engineer is assumed to be
responsible for providing site lighting electrical plans including lighting fixture
schedules, electrical details, and electrical hookups to the irrigation controllers.
F. SPECIFICATIONS - Consultant shall be responsible for preparing their
own Division 2-16 specification sections for incorporation into specification
manual.
G. MEETINGS - all meeting are to be held in the Orange County area.
H. CLIENT APPROVALS - verbal requests by the City to commence the
next phase of work shall constitute approval of the previous phase of work.
Page A-12
10-27
Task 13 Proposal Exclusions
Items not covered in the Scope of Work under Task 13 and assumed to be provided by
the City or others:
A. Topographic and boundary surveys.
B. Geotechnical reports.
C. Existing site utility drawings.
D. Horticultural soil testing.
E. CITY OF NEWPORT BEACH PLAN CHECK PROCESSING -
preparation, monitoring and processing of Consultant's Construction Documents
through the City of Newport Beach.
F. "AS -DESIGNED" DRAWINGS - preparation of "As -Designed" drawings
which collate previous RFI, modification drawings, field changes, and value
engineering revisions into one final set of construction documents.
G. "AS -BUILT" DRAWINGS - preparation of "As -Built" drawings. Consultant
assumes that this effort will be provided by the Contractor.
ADDITIONAL SERVICES
Services in addition to Consultant's Scope of Work under Task 13, when requested,
shall be identified as such and billed at the current billing rate schedule. Additional
services shall include, but are not limited to the following:
A. Items that the City deems are Consultant's responsibility indicated in
Task 13 Proposal Exclusions.
B. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated
in each phase of Task 13 Scope of Work
C. PHASED OR SEGMENTED WORK - services requested in a phased or
segregated bid basis. Consultant assumes that this project shall be
designed and construction documents prepared in one contiguous effort.
D. SPECIFICATIONS REFORMATTING — Consultant shall provide typed
CSI -formatted specifications in printed hardcopy and digitally using
Microsoft Word. Minor reformatting such as font and header changes
shall be accommodated in this proposal, however, any major specification
reformatting such as integration with another consultant's specification
format or change in software from Word will be deemed an additional
service.
E. FEES - Payment for governmental permits, application fees, processing
fees, and plan check fees.
F. EXCESS CITY MEETINGS OR PUBLIC WORKSHOPS - meetings in
excess of those indicated in each phase of Task 13 Scope of Work
Page A-13
iG3I.7
G. CONSTRUCTION OBSERVATION - Field observation site visits in
addition to those listed in the Task 13 Scope of Work and/or attendance at
weekly construction meetings.
H. SPECIAL RENDERINGS - professional renderings often required to
portray the landscape design in a more highly articulated or rendered
fashion than is usually customary.
I. VALUE ENGINEERING REVISIONS - revisions required to value
engineer the landscape portion. Consultant shall update the construction
quantities and coordinate with the other team members to update the
project cost estimate to be submitted to the City for review. Value
engineering analysis will be performed after the 60% plans are submitted
(one time only) and the team will discuss any options with the City before
continuing with the 90% package. Revisions to the street improvement
plans as a result of value engineering will be incorporated into the 90%
package.
Exclusions (All)
• Construction Staking Right of Way Mapping Phasing of Work
• Structural Design (including walls or foundations) Dry Utility design or
relocations
• Sewer Plans WQMP, SWPPP
• Agency plan check fees and permit processing
• Geotechnical Engineering
• Shoring Plans Traffic Engineering Utility Potholing
• Construction Management and Observation
• Environmental services
• Coastal Commission Coordination or Permit Processing
Page A-14
10-29
EXHIBIT B
SCHEDULE OF BILLING RATES
Psomas Page B-1
PD3eZi]
EXHIBIT B
FEE SCHEDULE
Construction Documents
Task 1:
Field Survey of Balboa Blvd
$17,800
Task 2:
Aerial Topography - Planimetrics only of Balboa Blvd
$ 5,000
Task 3:
Extended Public Participation in Conceptual Design Phase
$ 6,100
Task 4:
Design Development of Street Improvements for Balboa Blvd
$11,700
Task 5:
Design Development of Signal, Signing, Striping and Lighting for Balboa Blvd
$ 4,200
Task 6:
Street Improvement Plans
$58,500
Task 7:
Signal, Signing, Striping and Lighting Plans
$39,900
Task 8:
Easement Legal Descriptions and Plats (3)
$ 6,000
Task 9:
Landscape, Hardscape and Irrigation Plans
$53,500
Task 10: Project Management, Coordination and Meetings
$25,000
Subtotal:
$227,700
Construction Administration
Task 11: Bid Assistance and Construction Support - Civil $15,000
Task 12: Bid Assistance and Construction Support - Traffic $ 7,400
Task 13: Bid Assistance and Construction Support - Landscape $14,600
Reimbursable Expenses (5% of total fee) $12,000
Total Fee $276,700
Page B-2
10-31
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Psomas
Page C-1
10-32
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
Psomas
Page C-2
10-33
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Psomas Page C-3
10-34
judgment may be necessary for its proper protection and prosecution of
the Work.
Psomas Page C-4
10-35
EXHIBIT D
PROJECT LIMITS
Psomas Page D-1
10-36
W. Balboa Blvd./Marina Park Area
CO
Project Limits
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11 Improvements
®Aerial Topo - Planimetrics
only (R/W to R/W)
Topographic Field Survey Exhibit
Psomas 3/10/15
10-37
ATTACHMENT C
15th Street & Balboa Boulevard Revitalization
Conceptual Layout
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10-38
15th Street & Balboa Boulevard Revitalization
Conceptual Layout — 15th Street at W. Balboa Boulevard
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Palm Trees at
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New pavers in median
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at crosswalk
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andscape improvement
Existing planter island,
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10-39
v
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
15TH STREET RECONSTRUCTION PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 12th day of November, 2013 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and PSOMAS, a California corporation ("Consultant'), whose address is 555
South Flower Street, Suite 4300, Los Angeles, CA 90071, and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide streetscape design services for the
15th Street Reconstruction Project ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
ffiplu
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2014, 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.
23100EE94f M
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) working 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
Nineteen Thousand Eight Hundred Eighteen Dollars and 00/100 ($119,818.00),
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 reasonably anticipate would be necessary at the execution of this Agreement.
Psomas Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Matt Heideman, P.E. to
be its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Senior Civil Engineer 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.
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the professional standards. For
purposes of this Agreement, the phrase "professional standards" shall mean those
standards of practice recognized by firms performing similar work under similar
circumstances.
Psomas Page 3
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise under this Agreement and
in any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
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
Psomas Page 4
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
, i - 4
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
Psomas Page
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
orjoint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as 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 (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. Consultant shall, at Consultant's
expense, provide such Documents 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
resulting from the modification or misuse of such CADD data. All original drawings shall
Psomas Page 6
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
Psomas Page
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
bome 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
Psomas Page 8
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Iris Lee, Senior Civil Engineer
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: Debra Lambeck
Psomas
555 South Flower Street, Suite 4300
Los Angeles, CA 90071
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.
Psomas
• -
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement maybe modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
Psomas Page 10
29.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts, This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Psomas Page 1M
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 11-6-6
By: (,A wl
Aaron C. Vlarp
(iS
City Attorney
ATTEST:
Date: /1-643
Leilani I. Brown
City Clerk
)i,
1 r -OR/
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: \\-\4;
By:
Dave i
City Manager
CONSULTANT: Psomas, a California
corporation
Date: /AZ49
By:
Robert J. alafus
Vice President---
Date:
resident
Date: I /I t r /j --"
By: 9. Ata" t /
Debra Lambeck
Corporate Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Psomas Page 12
EXHIBIT A
SCOPE OF SERVICES
Psomas Page A-1
SCOPE OF WORK
The project will be divided into two (2) phases as described herein.
Phase I — Conceptual Design/Community Outreach
The purpose of this task is to prepare preliminary design drawings, sections and details
as required to convey three alternative design concepts and gain community input into
the preferred alternative. The project concepts will be defined in graphic form and a
preliminary estimate of probable construction costs will be prepared for the City.
A. Site Investigation and Research
Psomas will obtain from the City relevant reference information for the project. We
will visit the site to analyze the proposed property and identify items that may not
appear on record data.
It is assumed that the City will provide an existing condition design survey and
record right-of-way mapping in AutoCAD for the project limits of work. Psomas will
coordinate with the City's surveyor to acquire the necessary information. The City's
surveyor will provide the following;
■ Civil 3D Topographic CAD base-file(ver. 2012)
• Civil 3D Street Centerline and Right -of -Way CAI) base -file (ver. 2012)
■ Storm/Sewer Manhole Invert/Detail Datasheets (up to 5)
• New topographic mapping of project limits to document the existing surface
conditions at 25 -foot cross-section intervals
B. Engineering Conceptual Design
Psomas' services during conceptual design will include the following items;
1. Prepare existing condition improvements and constraints in CAD to be used as
backgrounds for design team plans
2. Layout three (3) proposed concepts in plan view to City standards as basis of
design for design team to work from, including curbs, gutters, sidewalks, parking,
striping, bike trail and utilities
3. Conceptually design water quality and drainage systems for each concept
4. Analyze ADA accessibility for each concept.
PSOMAS City or Ne%vport Beach 115tH Street Reconstruction Project (Revised)
C. Landscape Conceptual Design
Basic Landscape Architectural Services provided will generally include the following
items:
1, Site pedestrian pavements, surface treatment (vertical and horizontal control by
project civil engineer)
2. Landscape walls, seat walls, site steps, fences and related site elements not a part of
the building
3. Automatic irrigation systems downstream from irrigation point of connection
1 Soil preparation and landscape planting
5. Selection of site furniture such as planter pots, benches, trash receptacles, and
drinking fountains, if required
6. Site Lighting to a Schematic Design level
7. Design of feature elements
D. Traffic and Lighting Conceptual Design
I. Iteris will provide assistance to the Team in reviewing each concept layout and
provide comments pertaining to traffic circulation and safety
2. Develop up to three (3) alternative lighting options to present to the City for
consideration
E. Deliverables
The products of this phase will include the following:
■ Alternate Concept Plans (assume three (B)) indicating the proposed design
addressing elements such as paving, landscape planting, site and landscape lighting,
parking areas, landscape structures, feature elements, and water features.
■ Illustrative Landscape Plan (rendered), at minimum scale of V = 2d: Prepare a
Landscape Plan indicating the proposed landscape design addressing elements such
as paving, landscape planting, parking areas, landscape structures, feature elements,
and water features.
• Sketch sections and elevations as appropriate to convey the design concepts
■ Schematic Design Image/Character Board for each Concept. Prepare design
imagery consisting of color laser copies of built design imagery that show landscape
character that may be similar to that proposed for this project.
■ Preliminary Construction Estimate of Probable Cost
• Present the concepts to City staff as part of a community outreach to local
Neighborhood Associations (assume three (3) association meetings)
PSOMAS C'Ay of Newport Beacn 115th Street Reconstruction Project (Rovleod)
Upon written approval from the City to proceed, and after a preferred concept is selected,
the design team will prepare Design Development (DD) drawings for the project to define
more precisely the character and essentials of the project and the materials to be used.
"the DD drawings will be commensurate with a 60% design improvement plan package
but will not include specifications, WQMP or SWPPP (if required). In addition, a DD
phase estimate of probable construction costs will be prepared for the project.
A. Deliverables
The products of this phase will include the following;
■ Ilustrative Landscape Pian (rendered), at minimum scale of i" = IW Prepare a final
concept Landscape Plan indicating the proposed landscape design addressing elements
such as paving, landscape planting, parking areas, landscape structures, grading, and
water features.
■ Design Development Engineering Plans including street plan and profile, intersection
detail, local depression and ADA ramp details, demolition plan, typical sections, utility
disposition plan, drainage and water quality improvement pian and details, title sheet
and general notes
■ Design Development Aardscape Construction Plan, Prepare Plan indicating
construction notes and legends, materials, finishes, colors and detail reference call -
outs.
a Enlarged Hardscape Construction plan for key landscape areas
• Design Development Planting Plan. Prepare Planting Plans indicating planting notes
and legends, plant type, size, quantity, and locations.
• Design Development Details. Prepare construction details for hardscape and landscape
elements derived from the Design Development Layout Plan.
• Design Development Irrigation Plan, Prepare Irrigation Plans indicating general
irrigation notes, preliminary irrigation equipment legends, and mainline layout.
• Design Development Traffic Signal Modification Plan. The plan will conform to the
standards, formats, and requirements of the City, and will be designed per Caltrans
Standard Plans, Caltrans Specifications, and the 2012 California Manual on Uniform
Traffic Control Devices (MUTCDL
■ Design Development Signing and Striping Plans. The plan will include all existing,
removal and proposed striping and signage in the project area and will conform to the
requirements of the City. New striping will be designed per Caltrans Standards and
Specifications, while all the new signs will be in conformance with the 2012 California
MUTCD standards.
• Design Development Electrical Lighting Plaits. Illumination calculations will be
performed and the plan will conform to the requirements of the City and will be
designed per Caltrans Standards and Specifications.
a Design Development Construction Estimate of Probable Cost
Upon completion of City review and approval, Psomas will submit the final electronic
files to the City including AutoCAD and PDF files of the entire Design Development
package.
Project Management and Coordination: Provide project management and
coordination between the City, Psomas and other Project Consultants. Distribute
progress documents and review information provided by other Consultants. Compile
and coordinate submittal documents. Monitor and report on project schedule, scope of
work and budgets. Maintain communications with the City relating to development of the
project design, technical issues and decisions, and requests for information from other
Team Members or Agencies.
PSOMAS City or Newport Beach I l5tri Street Reconstruction Project (Revised)
Project Meetings: This proposal includes professional service time for up to six (6)
meetings for coordination with the City, agencies and consultants throughout the
course of the project, including preparation of agenda and documentation of meeting
minutes. In addition, Psomas and R/Hdo will prepare for and attend up to three (3)
community outreach workshops to be led by the City,
• Underground Service Alert (USA) pre -construction mark -out of project limits or
locating USA paint marks of utility locations
■ Location of potholes or pothole reference points
■ Preparation of easement legal descriptions or other mapping documents
• Survey services such as topographic or right-of-way surveys
■ Pavement design (assumed to be provided by the City)
■ Geotechnical investigations and Structural soils reports
• Structural and Mechanical Engineering services associated with any site elements
• Soils Engineering
■ Soils agricultural suitability testing and evaluation
• Preparation and presentation of graphic exhibits other than those described in the
Scope of Services in order to aid the client in securing approvals for the landscape
work, or for other presentation purposes
■ Design of any water features beyond the Schematic Design level
• Water Quality Management Plan
• Storm Water Pollution Prevention Plan
• Hydrology and Hydraulics Calculations (assumed existing condition hydrology will
remain the same and that existing storm drain system is adequate hydraulically to
serve the existingcondition)
■ Preparation and permitting of construction level documents
• Construction quantity and cost estimates (providing opinions of probable costs)
• Entitlement support
■ Environmental services
■ California Coastal Commission coordination or processing
• Haul routing plan
• Phasing plan.
• Traffic control plans
• Agency plan check fee and permit fee
• Dry utilities (gas, power, telephone, cable) removal, relocation and design
■ Fire hydrant flow test
• Shoring plans
• Traffic impact analysis
• Constructionstaking services
• Construction management
P S 0 M A S City of Newport ixeach I 15th Street Reconstruction Project (Revised)
EXHIBIT B
SCHEDULE OF BILLING RATES
Psomas Page B-1
Overview of Fee Schedule by Project Phase
Site Investigation and Engineering Conceptual Design $16,180 "
Landscape Conceptual Design $17,825
Traffic and Lighting Conceptual Design $ 5,187
Conceptual Design Total: $39,182
ase 11 Design Development ipf T,'; 5 '" °Tt;' S.'z, "� ➢ YR�.:�.
Civil Engineering $24,000
Landscape Architecture and Irrigation $21,275
Traffic Signal, Lighting, Signing and Striping $13,892
Design Development Total: $59,167
Project Management and Coordination $ 8,800
Project Management and Coordination Total; $8,800
'.Meeiings.,1,0j-,.S.k „,'r""TM'.,,f.E, 6 S ^'�":" ,
Meetings and Preparation $ 9,430
Meetings and Preparation Total: $ 9,430
Consultants Fees $116,669
Reimbursables $ 3,150
PSOMASGRAND TOTAL (all tasks):
City of Newport Beach 115to Street Reconstruction Project (Revised)
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Rabben/Herman design office I itemized Fee Schedule by Staff Role and Project Phase
Rabben/Herman design office
Fee estimate
15 St Streetscape Improvements
26 -Sep -13
Design development
Prepare LA base
DH
MU
Staff
Task
8
32
24
Concept Design
2
12
16
Site Investigation
2
4
12
Prepare alt Plans (3)
14
4
24
Meetings w/City (assume 3)
6
6
12
Community mtgs
6
6
Select/refine preferred plan
4
8
16
Illustrative exhibits
4
4
24
Total Hours
36
26
64
Rate $
200.00 $
125.00 $
85.00
Total Cost $
7,200 $
3,250 $
5,440 $ 15,890.00
say $ 15,500.00
Design development
Prepare LA base
0
6
12
Hardscape Plans/Details
8
32
24
Enlargement Plan
2
12
16
Landscape Plans
8
4
12
Irrigation Plans
1
4
8
Final Illustrative
1
2
12
mtgs w/City (assume 3)
6
6
Total Hours
26
60
72
Rate $
200.00 $
125.00 $
85.00
Total Cost $
5,200 $
7,500 $
6,120 $ 18,820.00
say $18,500.00
PSOMAS City of eiewporl 8,7,ach 115th Street Reconstruction Project (floeisec)
Iteris, Inc. I Itemized Fee Schedule by Staff Role and Project Phase
PSOMAS City of Newport Beach 115th Street Reconstruction Project (Revised)
Iteris
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TASK
DESCRIPTION
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HOURS
COST
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$240A0
$155.00
$125.00
Cance tual Plan La outs and Li Min ID -tions
4
10
16
30
$4,510
Research and Field Investigation
2
2
4
8
$1,290
Traffic Si nal Modification Ian
4
6
22
32
$4,640
V2.3
Si nin and Stri in Ian
4
6
10
20
$3 140
Street Li htin Plan
1
4
12
17
$2,360
Cost Estimates
0.5
1
3
4.5
$650
Total Hours Labor
15.5
29
87
111.5
Total Project Cost:1
$16,590
PSOMAS City of Newport Beach 115th Street Reconstruction Project (Revised)
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) 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) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a 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
Psomas Page C-1
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 in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
-i5iomas Page Gig
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at anytime.
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. Reguirements 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.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Psomas -..
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 10/23/13 Dept./Contact Received From: Lucie
Date Completed: 10/31/13 Sent to: Lucie By: Chris
Company/Person required to have certificate: PSOMAS
Type of contract: All Others
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/15/13-10/15/14
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? E Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT— please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
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?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
1I. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/15/13-10/1
rrr rpt #11 it�
/1 ■ T
❑ Yes
N No
E N/A ❑ Yes
❑ No
❑ N/A E Yes
❑ No
A. INSURANCE COMPANY: Travelers Property Casualty Company of America
B. AM BEST RATING (A-: VIS or greater)
0111M
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes
❑ No
D_
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
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 N/A
❑ Yes
❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
❑ Yes
E No
H.
NOTICE OF CANCELLATION:
❑ N/A
E Yes
❑ No
DI. VVORKER8`CUk8PENSAT0N
EFFECTIVE/EXPIRATION [AJE:10/15/13-10/15/14
A. INSURANCE COMPANY: Travelers Property Casualty Company of America
B. AW1BEST RATING (A':VII orgroa1or):
C. ADMITTED Company (Must bnCalifornia Adnwitted): 8DYes FlNn
D. VV(}RKERS'COMPENSATIONLIMIT: Statutory ZYes [7No
E. EMPLOYERS' LIABILITY LIMIT (Must be$1Winrgreater) 1,000,000
F� WAIVER DFSUBROGATION (To include):Us|tincluded? ZYes ElNo
G. S|GNE0YVORKERG^COMPGNSATUON EXEMPTION FORM: EN/A [] Yes [lNo
H. NOTICE OFCANCELLATION: F]N/A 0Yes ElNo
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
\/ POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
IO/3l/IJ
9 NIA 0 Yes El No
RISK MANAGEMENT APPROVAL REQUIEED Non'admh1odcarrier rated less than
Self Insured Retention or Deductible greater than $ El N/A El Yes F-1 No
Reason for Risk Management opDuovoKwxouptinn/wmivec
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A,r,r~`--:
Risk Management