HomeMy WebLinkAboutC-5583 - PSA for Civil Engineering Design Services for Dover Drive and Westcliff Drive RehabilitationAMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH CIVIL WORKS ENGINEERS, INC. FOR
U CIVIL ENGINEER DESIGN SERVICES FOR DOVER DR. AND WESTCLIFF DR.
REHABILITATION
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 24th day of December,
2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and CIVIL WORKS ENGINEERS, INC., a
California corporation ("Consultant"), whose address is 3151 Airway Avenue, Suite T-1,
Costa Mesa, California 92626, and is made with reference to the following:
RECITALS
A. On November 13, 2013, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Civil Engineering design services related to
pavement rehabilitation and landscape improvements on Dover Drive and
Westcliff Drive ("Project").
B. On November 6, 2014, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not
previously included in the Agreement, extend the term of the Agreement and to
increase the total compensation.
C. City desires to enter into this Amendment No. Two to extend the term of the
Agreement to June 30, 2016 and to update the Agreement's insurance
requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2016, unless terminated earlier as set forth herein."
2. INSURANCE REQUIREMENTS
Exhibit C to the Agreement is amended in its entirety and replaced with Exhibit
C-1, attached hereto and incorporated herein by reference.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement, as amended by Amendment No. One, shall remain
unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: or�
Aaron C. Harpy
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk orr_
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -3 4
By:
Dave iff
City Manager
CONSULTANT: CIVIL WORKS
ENGINEERS, INC., a California
corporation
Date:
Signed in Counterpart
Bv:
Marie Marston, P.E.
President/Secretary
[END OF SIGNATURES]
Attachments: Exhibit C-1 — Insurance Requirements
Civil Works Engineers, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: la%a3 //s'
By: c3i
Aaron C. Hap A 3
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: CIVIL WORKS
ENGINEERS, INC., a California
corporation
Date:
By: ✓ice -
Marie Marston, P.E.
President/Secretary
[END OF SIGNATURES]
Attachments: Exhibit C-1 - Insurance Requirements
Civil Works Engineers, Inc. Page 2
EXHIBIT C-1
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Civil Works Engineers, Inc. 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.
Civil Works Engineers, Inc. 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
Civil Works Engineers, Inc. Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
Civil Works Engineers, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 1/15/16 Dept./Contact Received From: Raymund
Date Completed: 1/15/16 Sent to: Raymund By: Chris/Alicia
Company/Person required to have certificate: Civil Works
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/15/15 to 3115116
A.
INSURANCE COMPANY: RLI Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+; XI
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M 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
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H
NOTICE OF CANCELLATION:
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: 3/15115 to 3/15/16
A.
INSURANCE COMPANY: RLI Insurance Company
B.
AM BEST RATING (A-: VII or greater) A+; XI
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:
❑ NIA ® Yes ❑ No
H
NOTICE OF CANCELLATION:
❑ NIA 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 3/15/15 to 3/15/16
A.
INSURANCE COMPANY: Atlantic Specialty Insurance Company
B.
AM BEST RATING (A-: VII or greater): A; X
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
❑ Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
\�Yi1�4i�[iLl�/131�Ita7
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
1/15/16
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
Date
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® NIA ❑ Yes ❑ No
® Yes ❑ No
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
* Subject to the terms of the contract.
Date
( n
}J
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
j WITH CIVIL WORKS ENGINEERS, INC. FOR
DOVER DRIVE AND WESTCLIFF DRIVE REHABILITATION
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Agreement") is made and entered into as of this 6th day of November, 2014 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and CIVIL WORKS ENGINEERS, INC., a California
corporation ("Consultant"), whose address is 3151 Airway Avenue, Suite T-1, Costa
Mesa, California 92626, and is made with reference to the following:
RECITALS
A. On November 13, 2013, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide Civil Engineering design services related to
pavement rehabilitation and landscape improvements on Dover Drive and
Westcliff Drive ("Project").
B. City desires to enter into this Amendment No. One to reflect additional Services
not included in the Agreement, to extend the term of the Agreement to December
31, 2015, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2015, unless terminated earlier as set forth herein."
2. 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, Exhibit A to Amendment 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.
3. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit A 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
Twenty Three Thousand Five Hundred Sixty Dollars and 001100 ($223,560.00),
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
Three Thousand Two Hundred Dollars and 001100 ($3,200.00).
4. 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]
Civil Works Engineers, Inc. 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 ATTORNEY'S OFFICE
Date: t f /X / / Lt
Aaron'C. Harp C.*m i1j3
City Attorney
ATTEST: l f� f�
Date: f
By: 44 ,
Leilani I. Brown
City Clerk
Attachments
iL-'FORN!:A
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: t
By:
Dave
City Manager
CONSULTANT: Civil Works Engineers,
Inc., a California corporation
Date: 12 ' ) — (!�'
By: ✓(, ^ ei tAAA+E-
Marie Marston, P.E.
President / Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services and Schedule of Billing Rates
Civil Works Engineers, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
Civil Works Engineers, Inc. Page A-1
Civil Works Engineers
October 8, 2014
Patrick Arciniega, P.E.
Senior Civil Engineer
City of Newport Beach — Engineering Department
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Dover Drive Rehabilitation
Dear Patrick:
As previously discussed, please accept this letter as our request for extra fees to complete
design topographic survey on Westcliff Drive as part of the parkway improvements
rehabilitation. The following outlines our scope of work and fee.
Scope of Work
The additional fees are requested to complete the following tasks:
• Complete field topographic survey of existing parkway improvements and private
property improvements adjacent to driveways, curb ramps, and sidewalk.
• Revise final construction plans to incorporate the parkway improvement rehabilitation.
Fee
Our fee to complete the above work is $3,200.00
If you have any questions please call David Grantham at (714) 966-9060.
Sincerely,
Marie Marston, P.E.
President
3151 Airway Avenue, Suite T-1 Costa Mesa . CA . 92626
T 714.966.9060 . F 714.966.9085 www.civi Iwo rkse ng i nee rs.com
€�
PROFESSIONAL SERVICES AGREEMENT
WITH CIVIL WORKS ENGINEERS, INC. FOR
CIVIL ENGINEERING DESIGN SERVICES FOR DOVER DR. AND WESTCLIFF
DR. REHABILITATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 13th day of November, 2013 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and CIVIL WORKS ENGINEERS, INC., a California corporation ("Consultant"),
whose address is 3151 Airway Avenue, Suite T-1, Costa Mesa, CA 92626, and is made
with reference to the following:
UTQTr-1»
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City,
B. City desires to engage Consultant to provide Civil Engineering design services
related to pavement rehabilitation and landscape improvements on Dover Drive
and Westcliff Drive ("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:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 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.
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
Twenty Thousand Three Hundred Sixty Dollars and 00/100 ($220,360.00), 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.
Civil Works Engineers, Inc. Page 2
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 Marie Martson, 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, 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. 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
Civil Works Engineers, Inc. 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.
r1!:1014oil: Ir(7IT, IN .F.`
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.
Civil Works Engineers, Inc. Page 44
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
Civil Works Engineers, Inc. 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
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
Civil Works Engineers, Inc. Page 6
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.
fflmmrojgn• • •
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement,
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
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)
Civil Works Engineers, Inc. Page 7
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.
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. CITYS 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.
Civil Works Engineers, Inc.Page 8
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: Patrick Arciniega, Senior Civil Engineer
Public Works
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: Marie Marston, P.E.
Civil Works Engineers, Inc.
3151 Airway Avenue, Suite T-1
Costa Mesa, CA 92626
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.).
28.1 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
Civil Works Engineers, Inc. Page 9
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Consultant and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rales and regulations and the parties agree that the City shall not be liable
for any violation thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
Civil Works Engineers, Inc. Page 10
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. if any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
30.11 No Attornevs' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE)
Civil Works Engineers, Inc. - Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN�Y'S OFFICE
Date: 1017,1 /3
P (C,r
Aaron C -Harp
City Attorney
ATTEST: a�/ .�
Date:
4&,
4
ey: . NWL"
Leilani I. Brown
City Clerk -.awrrs.,
}
H
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: Ad
Keith D. Curry
MMayor
CONSULTANT: Civil Works Engineers,
Inc., a California corporation
Date: 11110113
By:
Marie Marston, P.E.
President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Civil Works Engineers, Inc. Page 12
Civil Works Engineers, Inc. Page A-1
Civil Works Engineers
October 22, 2013
Patrick Arciniega, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject; Dover Drive & Westcliff Drive Rehabilitation
Thank you for the opportunity to present a proposal for civil engineering design services related to
pavement rehabilitation and landscape improvements on Dover Drive and Westcliff Drive. The
following outlines our understanding of the project, our scope of work, and fee.
Prolect Understanding
The City is requesting the design of improvements to Dover Drive from Irvine Avenue to Pacific
Coast Highway {PGH} and to Westcliff Drive from Dover Drive to Irvine Avenue. These
improvements are expected to include:
Dover Drive
a Pavement rehabilitation consisting of asphalt concrete overlay with areas of dig out
repair as necessary.
Pavement reconstruction may be required in areas of excessive damage,
minimal cross slope, and/or drainage pending issues
o Pavement rehabilitation of existing Mariners Park surface parking lot and drive aisle
a Repair of existing curb, gutter and sidewalk as needed
There are areas of damaged sidewalk caused by private property trees.
There are areas of damaged curb, gutter and sidewalk caused by City trees,
generally Ficus trees between Westcliff Drive and Mariners Drive. These
trees have a poor root system and numerous surface roots. If these trees
are to remain, the City suggested potentially reconstructing the curb and
gutter into the existing roadway to add one -foot width to the parkway and
thereby reducing the roadway by one -foot.
o Reconstruction/installation of curb ramps, as applicable
o Reconstructionimodification of intersection cross gutters, as applicable
c Reconstruction of raised median separating Dover Drive and Mariners Park surface
parking lot
o Remove existing median landscape and hardscape, with the exception of existing
pine trees. Pine trees will remain unless recommended for removal by City Arborist.
3151 Airway Avenue, Suite T-1 Costa Mesa . CA , 92626
T 714.966.9060 . F 714.966.9085 www.civllworksergineers,com
Mr. PatrickArciniega
Dover Drive & Westcliff Drive Rehabilitation
October 22, 2013
• Install new plant material and median nose paving
■ Add/modify irrigation systems, as applicable
o Near PCH, expand existing medians where available and provide new planting and
irrigation
o Traffic signal modifications at the Dover Drive and Cliff Drive, Dover Drive and 16th
Street, and Dover Drive and Irvine Avenue intersections. Partial modification will be
completed at Dover Drive and Westcliff Drive.
o Rehabilitation of existing CMP storm drains. Rehabilitation will be either lining or
replacement depending on existing condition of the each pipe. Video inspection
provided by the City will provide the existing conditions.
o Reconstruction of catch basin access lids. The existing square access lids will be
replaced and reconstructed with current circular manhole lids.
Westcliff Drive
o Pavement rehabilitation consisting of full width grind and asphalt concrete overlay
o Repair of existing curb and gutter and sidewalk, as needed
o Reconstruction/installation of curb ramps, as applicable
o Remove existing turf at triangular island at Dover Drive intersection, regrade area
and install new plant materials. Modify irrigation system as needed.
o Protect existing center median curbs, landscaping, and irrigation.
Project Team
Civil Works will team with subconsultants with ample staff capability, ability to perform the required
tasks, good track record of communication, responsiveness and delivery of public projects to make
this project a reality. We have also verified that each team member currently has the resources
available to complete the project. Our project team includes:
Iteris Traffic Engineering
NUVIS Landscape Architecture
Forkert Engineering and Surveying Surveying and Right of Way
ITEpj , Iteris specializes in the design, evaluation and operation of intersections and
arterials to improve the efficiency and safety of vehicular traffic flow, pedestrian
mobility, transit operations and bicycle traffic. Services range from intersection
layout; traffic signal design; re -striping plans; lighting plans; pedestrian safety studies; traffic control
plans; development of arterial traffic calming measures; area -wide street network analysis; on -
street parking improvements; inter -jurisdictional agreements; "before" and "after" evaluation
studies; transit signal priority timing; and signal timing/coordination analysis.
NUVIS represents a new vision and a continued commitment to providing
N L7
Aidgilmlltb
I g innovative and responsible landscape design solutions for private developers,
governmental agencies, and other design professionals. For over 40 years,
LANDSCAPE RRCNITECIM NUVIS has been involved in the planning and design of parks for both
A N D P L A N N I N G residential community developers and public agencies. They are very
conscious of the image portrayed in their designs. The firm's experience includes an array of
commercial, transportation corridors, public park and recreation, planned mixed-use residential
communities, and urban redevelopment projects.
2of3
Mr. Patrick Arciniega
Dover Drive & Westcliff Drive Rehabilitation
October 22, 2013
FORKERT ENGINEERING & SURVEYING, INC. Forkert Engineering and Surveying, Inc. (FES) is a
Professional Civil Engineering and Land Surveying Company providing a wide range of services,
including mapping, construction management, surveying, and right-of-way work. They provide
survey and right-of-way services for Orange County Sanitation District, Southern California Edison,
and AT&T. We have worked with Forkert on a number of projects including current projects with
the City of Lawndalo and City of Costa Mesa.
Resumes and specific project experience are available upon request.
Scope of Work
Our scope of work is attached as Exhibit A.
Fee
Task I — Preliminary Engineering
Task 2 — Construction Documents
Task 3 — Construction Services
TOTAL
Our hourly estimates and fees by task are included in Exhibit B.
$ 54,090
$145,870
$ 20,400
$220,360
If you have any questions please call. We look forward to working with you again.
Sincerely,
Made Marston, P.E.
President
Attachments: Exhibit A — Scope of Work
Exhibit B — Hourly Tasks and Fee Estimate
Civil Works Engineers Rate Schedule
Iterls Rate Schedule
NUVIS Rate Schedule
3 of 3
Exhibit "A" - Scope of Work for Dover Drive & Westcliff Drive Rehabilitation
The following provides an overview of our proposed scope of work. If requested by the City, we
can provide a fully detailed scope for each task. All engineering design shall be in accordance
with City (and Caltrans where applicable) standards, manuals, and codes. Utility improvements
and modifications shall be coordinated and meet all applicable utility company/agency
requirements.
Civil Works Engineers shall complete the following tasks:
Task 9 - Preliminary Engineering
• Task 1.1 Kick Meeting / Data Collection
• Task 1.2 Topographic Survey
• Task 1.3 Utility Research and Coordination
a Task 1A Geotechnical Investigation
• Task 1.5 Preliminary Plan and Landscape Concept (30% design)
Task 1.1-- Kick -Off Meetings, Data Collection, & Review
Upon the notice to proceed, a kickoff meeting would be held with the City to establish design
directives protocol, discuss project issues, confirm project objectives, and schedule of
deliverables. Civil Works will obtain from the City, Caltrans, County and through research,
relevant project information, including as-buitts, survey control records and mapping, drainage
information, right-of-way maps, traffic signal information, previous materials/geotechnical
reports, design information, Gadd files, survey records, on-site technical reports, and other
information as available and necessary.
We will perform a field walk to identify noteworthy improvements and features such as utility
facilities, drainage facilities, damaged improvements, private property features, etc. The
existing project limits will be photographed for use during design, discussions, and as a record
of existing conditions.
Task 1.2 —Topographic Surveys and Right -of -Way
Dover drive
Field survey is needed to obtain precise elevation and location of facilities within and adjacent to
the public right-of-way which may be impacted by the project. This will be accomplished by
ground design survey. Horizontal and vertical control will be established based on the current
County system. Surveying will include precisely identifying the elevations of join points at the
project limits, join information on private property, obtaining street cross sections, locating the
centerline, driveways, locating manholes and other utility facilities, drainage inlets, walls, signs,
trees and other existing topographic culture. Existing street centerline and property lines will be
established from record maps and plans.
It is our understanding the City is requesting detailed cross sections of Dover Drive showing
existing and proposed conditions (see Task 2.2 below). As such, we will need to obtain the
required ground design survey for the entire length of Dover Drive, as the use of aerial
basemapping will not provide accurate data for the cross sections. Survey cross sections will
include intervals of 25 to 50 feet, depending on the section of roadway and pavement
conditions. We are happy to discuss this approach in more detail.
Exhibit A — Scope of Work for October 22, 2013
Dover Drive & Westcliff Drive Rehabilitation
Westcliff Drive
It is expected the City will provide acceptable CAD files showing the existing street
improvements and medians for use as a basemap by Civil Works. As such, additional
topographic survey and basemapping of the roadway is not included in our scope at this time.
Task 1.3 — Utility Research and Coordination
We will contact the City and private utility companies including water, sewer, telephone, electric,
gas, etc, to obtain their most current as -built location information, including the upcoming
construction of a new sewer main. Utilities within the sphere of the project limits will be located
from as-builts to the extent of available records and the size and type of facility determined. We
will then determine the conflictslimpacts the improvements may have with the existing utilities.
Subsequently, we will determine whether changes are necessary and if so, determine prior
rights. We will coordinate and follow-up with the affected utility companies regarding specific
impact locations to identify modification designs or other considerations necessary for final
roadway design. The City will be provided our ongoing contact log with the utility companies.
Existing utilities within the project area include AT&T, City of Newport Beach water, The Gas
Company, Southern California Edison (SCE), Orange County Sanitation District, and Time
Warner. It is expected the existing facilities will be protected in place. Discussing the project
and coordinating with each utility company early in the design process is needed to incorporate
all applicable utility company requirements and standards.
Task 1.4 - Geotechnical Investigation and Analysis
As discussed with the City, a geotechnical investigation of the existing pavement and
recommendations for new pavement sections are not included in the scope at this time. As
such, we expect the City will provide direction for new pavement sections (asphalt concrete,
ARHM, and PCC) and subgrade preparation as applicable.
Task 1.5 — Preliminary Plan and Landscape Concept (30% Design)
We will prepare a preliminary plan showing the proposed horizontal geometrics for the project.
This will include locations of median expansions, curb ramps, cross gutter
modifications/reconstruction, curb & gutter and sidewalk repair, tree removal/protection, limits of
planting/median nose paving, and limits of paving. We will also include a preliminary planting
plan showing proposed plant material and tree types.
It is expected the City will review and provide comments/direction for the proposed
improvements. We will revise the preliminary concept plans to address City comments and re-
submit for final City review. We anticipate one meeting with the City to review the proposed
project.
Task 2 - Construction Documents
• Task 2.1
Design Team Meetings / Coordination
• Task 2.2
Construction Drawings (CDs)
• Task 2.3
Technical Specifications
• Task 2.4
Quantities and Estimates of Cost
• Task 2.5
Caltrans Processing
• Task 2.6
Plan Revisions, Processing and Approvals
Exhibit A — Scope of Work for October 22, 2013
Dover Drive & Westcliff Drive Rehabilitation
Task 2.1- Design Team Meetings and Coordination
Regular meetings will be held to provide a forum to regularly review the project progress. The
purpose of the meetings will be to discuss project issues, determine design direction, review in -
progress documents, etc. We will prepare meeting minutes for review and distribution for the
meetings we attend.
Task 2.2 — Construction Drawings (CDs)
The final design leading to the development of construction documents will be based on the
approved preliminary plans. The plan set would likely consist of the following:
Description
Number of Sheets
Ex ecied Scale
Title Sheet
1
NTS
Typical Cross Sections
2
NTS
Roadway Pian & Profile— Dover Drive
10
1"=40'
Pavement Rehabilitation — Westcliff Drive
1
1"=40'
Pavement Rehabilitation - Mariners Park
Parkin Lot
1
1"=20'
Construction Details
10
Varies
Landscape & Irrigation
12
1'=40'
Signing & Striping
4
1'=40'
Traffic Signal
4
1"=20'
Traffic Signal Interconnect
1
NTS
Detailed Roadway Cross Sections
10
1"=10'
TOTAL
56
Roadway Plan & Profile
The roadway plan and profile sheets will include construction limits of new pavement, median
curbs, curb ramps, cross gutters, etc. The plans will clearly show existing utilities and the
disposition of each facility. The plans will also note existing survey monumentation that may be
obliterated during construction. Direction will be given on the plans and within the specifications
to protect and/or restore all monumentation impacted during construction.
It is expected the ficus trees damaging the curb and gutter will be removed and the curb and
gutter will not be reconstructed into the roadway. As such, designing new curb and gutter
profiles in these areas is not included in our scope. It is our understanding the City has an ADA
Transition plan; as such, we will review this plan and implement applicable improvements.
Construction Details
Construction details will include any specific items such as the curb ramps, cross gutters, etc.
This will also include site specific items such as private property paving modifications that could
potentially be required at driveways, etc.
Roadway Cross Sections
The detailed street cross sections showing existing pavement conditions will be created at 25'
intervals for the entire length of the project, These sections will show any areas of non -
standards such as unacceptable cross slopes, drainage patterns, etc. Detailed cross sections
showing proposed conditions will only be prepared in the areas of existing non -standards.
Exhibit A — Scope of Work for October 22, 2013
Dover Drive & Westcliff Drive Rehabilitation
These details assist the pian checkers during review and the contractor and inspector during
construction to the intent of the design,
Signing and Striping Plans
Signing and striping plans will be prepared for the project area. The design proposed will include
all of the details and notes necessary for the signing, curb markings, and striping along Dover
Drive between Coast Highway and Irvine Avenue. We will field walk the entire project area
from Coast Highway to Irvine Avenue taking inventory of all the existing signage and curb
markings, The design will capture any signs that need to updated per MUTCD requirements
and add any additional signage that will improve driver awareness and safety.
The plans will include all the necessary striping transitions to join with existing striping. The
plans will be produced using the available CAD base information and will be prepared using City
design standards at a scale of 1' = 40'. The City will provide the latest CAD files detailing the
existing striping between Coast Highway and Westcliff Drive.
Signal Modification Plans
Full traffic signal modification plans for the intersections at Dover Drive and Cliff Drive, Dover
Drive and 16th Street, and Dover Drive and Irvine Avenue will be prepared with a partial
modification plan for the intersection at Dover Drive and Westcliff Drive. The plans will conform
to the requirements of the City of Newport Beach and will be designed per California
Department of Transportation {Caltrans} standards and specifications. The plans will include all
notes and details for the construction of a modified traffic signal system at the intersections with
new/modified poles, mast arms, luminaires, video and/or loop detection, pedestrian push
buttons, signals, and wiring. In addition, we will also ensure that proper vertical and horizontal
clearances are provided between the new poles and any overhead electrical wires.
Signal Interconnect Plan
A signal interconnect plan will be prepared for the project area. The design proposed will include
all of the details and notes necessary for the Installation of new twisted pair signal interconnect
cable along Dover Drive between Coast Highway and Cliff Drive. The plan will include all
necessary conduit, pull boxes, and cabling for a complete design.
Landscape and Irrigation Pians
Final landscape and irrigation plans will be prepared meeting current City requirements and
standards for plant material, irrigation facilities and future maintenance. We do not expect
irrigation improvements or modifications to the existing parkway landscape strips adjacent to
homes and businesses and as such are not included in our scope at this time.
Construction Staging
We will coordinate with the City to determine acceptable construction staging phases, it is
important to determine for the contractor, City, businesses and residents limits of the work area,
traffic flow and traffic impacts during construction. it is expected the staging and traffic control
requirements will be presented in the project specifications, but plans will not be prepared. The
Contractor will be responsible to prepare traffic control plans for City review and approval based
on their proposed timing and methods of construction.
Taste 2.3 — Technical Specifications
Technical specifications and bid schedule will prepared for the design elements following the
latest City format. The various items of work and their specific payment clauses including
payment method will also accompany the technical specifications.
Exhibit A — Scope of Work for October 22, 2013
Dover Drive & Westcliff Drive Rehabilitation
Task 2.4 - Quantities and Estimates of Probable Construction Cost
A construction quantity and cost estimate will be prepared for each submittal. The estimate will
show quantities and unit prices for each item along with appropriate mobilization and
contingency costs. Our unit prices will be based on a combination of prices obtained from
recent construction bids for similar projects and discussions with City staff and with others in the
industry. The items listed in the cost estimate will be the basis for the preparation of the bid list.
We will work with the City to ensure the bid schedule is in accordance with preferred item list,
method of measurement, etc.
Task 2.5 — Caltrans Processing
Pacific Coast Highway is under Caltrans jurisdiction, therefore any proposed work or
modification to facilities within Caltrans right of way will require an encroachment permit It is
expected the proposed traffic signal detector loop replacement and landscape and irrigation
improvements will require approval and an encroachment permit. We do not expect curb and
gutter, sidewalk or curb ramp modifications or improvements within Caltrans right of way.
We assume the City has an existing landscape maintenance agreement with Caltrans for the
existing medians. We will need a copy of the agreement as part of the encroachment permit
application to Caltrans. We do not expect the agreement will require modification,
Task 2.6 - Plan Revisions, Processing, and Approvals
We will make four submittals of the CD package to the City and Caltrans. These will include a
75%, 90%, 100%, and final submittal for approval and permits. After incorporating the
comments, final mylar prints will be prepared. These submittals will follow the City's drafting
standards, format, and conventions and would likely consist of the following deliverables:
75% Submittal — City Only
o Plans with details to review impacts, Outline Specifications, and Cost Estimate,
• 90% Submittal —City and Caltrans
o Complete Plans, Complete Specifications, Cost Estimate, and Bid List
C 100% Submittal —City and Caltrans
o Revised Plans, Complete Specifications, Cost Estimate, and Bid List
Final Submittal — City and Cattrans
o Reproducible Plan Set, Electronic Pians, Calculations, Cost Estimate (Electronic
& Hard Copy), Specifications (Electronic & Hard Copy), and Bid List (Electronic &
Hard Copy).
Task 3 - Construction Support
Task 3.1 Support Services
Task 3, f — Support Services
We will provide technical support during bidding to respond to questions, review shop drawings,
construction to respond to questions, clarify plans and specifications, produce addenda, and
revise plans as needed. We will also attend the pre -construction meeting and attend site
meetings as requested by the City. As -built plans will be prepared at the conclusion of work
using redlines plans provided by the Contractor and City.
Exhibit A —Scope of Work for October 22, 2013
Dover Drive & Westcliff Drive Rehabilitation
Exclusions
The following items are not included in our scope of work:
• Geotechnical Investigation
o Assumed provided by City
• Irrigation Improvements/Modifications to Roadway Parkways
• Reconstruction of curb and gutter into the existing roadway
• Drainage Report
o Project will not impact existing drainage conditions
• Water Quality Management Plan (WQMP)
o Project improvements are expected to be exempt from requirements
• Traffic Handling/Staging Plans
o To be prepared by Contractor after award of construction contract
• Agency plan check fees
4ARIMM
Civil Works Engineers, Inc. Page 8-1
6Mgog 8g
&q x ss999
gig sgaaZCX5Kaetm- gze%y-
'KS
GG
9
99
Weppeu¢gn5 '^
is
5+, O
L} F
n
�
'Ib10.Lal1S
p
�±
#OaVIA#3XbOd
�
�
U'
�
tln s�ecpvpupp �
�
p�
lyey fiouf5 :
ry �
N
Me17. fieNU$ �
n
iR N
bry
b
a
ib10AsliS
$
^� MH
g
$$$S
�F
gg
0 V
taV m � Y a
Si $
1ee119Y319U65 �
m
'�
n� n
w
0
k
z �
oacp'ls
m
� q
$
m
laduvyd $
n m 9a
N8 N$ NQ
s�
�3
44
8g r
qm
RdIw1W,a �
m N m�
C� NN Nr
��
ry
iblaans
8„
8
Ri
H g
9
p
3
m
6VowIev3Na1S z $
mm mvmmmw
m m
8� rFSm v01 v'^m�'v �8Fi7
�?
mA
n8 �
V
�
g£
,c
mery6u3 pefo,d 'A
'AS(reBweW We(wd m
mr .mmNNNmv
n .- amm yam mNNrr Nmvry Fmem®
m '" r
F C
mmm
q
�a
µtllJUlld �
Nr rr Nr
�rvnZ, rrNrrrr rrrr� rryrvmvv mm
i�
�- rvN�
n� w
m
K
pz� 6N
Duq
JLL
M��4
�P,
pS WLL IpQp-
C
pE
pg
lF..
��
�m
b g55 qc3
w ��ggS5 �A �n't
.u1uttIDFYyF
y ��y$i gg a'�E � � j@Q
CpFinaF
mq�&', Q�4�j
�¢�c
y&4F
¢5 EC SY�'a~F
m�(SA
�jy�
ff
pppppFmN4
�� p3p a�E
�ryry 6g�IDy�ly
p.SF0.F4Yj
F
tp Gi d2Poyq.m
N�—qat �`¢26
bEEa
SOL
Dd J�-
,pj qP.
6L -'1=J SNN Wm�Or00.61-GY
pm:d IDCEb'`ce®E®Nm�il
qi'{ 8S` a''A�a�'om
KV6p1�NN� NNWU�'-4036
m'8£a.,r2Q_
fr�-L pp�E
U¢SNQ�
6Q
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,
designated agents (none for this Project), employees and City of Newport
Beach volunteers for Civil Works Engineers,
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
Civil Works Engineers, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and 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, designated agents (none for
this Project), officials, employees and City of Newport Beach volunteers
for Civil Works Engineers 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 designated agents
(none for this Project) 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
Civil Works Engineers, Inc. Page -C-2
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
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.
K Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Civil Works Engineers, Inc. Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
Civil Works Engineers, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 10/16/13 Dept./Contact Received From: Lucie
Date Completed: 2/20/14 Sent to: Lucie By: Chris/Carol
Company/Person required to have certificate: Civil Works Engineers, Inc.
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/15/13-3/15/14
A.
INSURANCE COMPANY: RLIInsuranceCompany_.
B.
AM BEST RATING (A-: VII or greater): A+;XI
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
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
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
L
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 N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
1I. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/15/13-3/15114
A.
INSURANCE COMPANY: RLI Insurance Company_
B.
AM BEST RATING (A-: VII or greater) A+:XI
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M 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
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 3/15/13-3/15/14
A.
INSURANCE COMPANY: RLI Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+:XI
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
❑ Yes
® No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
®, N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A Z Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
❑ N/A [K Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
2-20-14
Date
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.
Q SEW PpRr
CITY OF
NEWPORT BEACH
O �
M
°9<,FoaN'P City Council Staff Report
Agenda Item No. 12
November 12, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949-644-3330, dawebb@newportbeachca.gov
PREPARED BY: Patrick Arciniega P.E., Senior Civil Engineer
949-644-3347, parciniega(a)newportbeachca.gov
APPROVED: 0. Y.�A
TITLE: Professional Services Agreement with Civil Works Engineers for
Dover Drive and Westcliff Drive Street Rehabilitation Project
The City is planning to reconstruct Dover Drive and Westcliff Drive upon completion of
the trunk sewer improvements, currently being constructed by the Orange County
Sanitation District (OCSD). This presents the opportunity to beautify the median on
Dover Drive and West Coast Highway. Staff recommends using a private Civil
Engineering firm to prepare the plans and specifications. Staff requests approval of a
Professional Services Agreement with Civil Works Engineers to provide necessary
engineering services for the Dover Drive and Westcliff Drive Street Rehabilitation
project.
RECOMMENDATION:
1. Approve a Professional Services Agreement with Civil Works Engineers of Costa
Mesa, California, for engineering services at a not -to -exceed fee of $220,360.00,
and authorize the Mayor and City Clerk to execute the Agreement.
2. Approve Budget Amendment No. 14BA-020 recognizing $633,000 in
contributions from Orange County Sanitation District (Revenue Account No. 250-
4858) and appropriating $50,000 to the Dover Drive and Westcliff Drive Street
Rehabilitation project account (7251-C2002018.)
Professional Services Agreement with Civil Works Engineers for Dover Drive and
Westcliff Drive Street Rehabilitation Project
November 12, 2013
Page 2
FUNDING REQUIREMENTS:
At its June 11, 2013 meeting, the City Council approved a reimbursement agreement
with OCSD to receive contributions in the amount of $633,000 for this project. Only
$50,000 needs to be appropriated at this time to cover design expenses which will be
augmented with other funds included in the budget. With approval of the budget
amendment, sufficient funds are available for this project.
DISCUSSION:
Rehabilitation of the asphalt pavement on Dover Drive and Westcliff Drive and
reconstruction of the medians on Dover Drive are the primary purposes of the project.
However, the project will include aesthetic improvements to the median and
enhancements to landscaping. The limits of this project include Dover Drive from West
Coast Highway to Irvine Avenue, and Westcliff Drive from Dover Drive to Irvine Avenue.
In addition, the project will address damaged or non-standard concrete sidewalk, curb
and drainage improvements. Existing trees, landscaping and irrigation systems within
the project limits will be evaluated to correct any existing deficiencies.
Construction will be coordinated to take place after completion of the Orange County
Sanitation District's Dover Drive Trunk Sewer Replacement project. On June 11, 2013,
the City Council approved a Reimbursement Agreement with OCSD providing for a
contribution of $633,000.00 from OCSD for its share of the street rehabilitation cost
which will be applied towards this construction effort.
In accordance with Council Policy F-14, five firms were invited to submit proposals to
provide Civil Engineering design services for a similar project, the Old Newport
Boulevard/West Coast Highway Modifications project on January 7, 2013. Five
proposals were received and the City Council awarded a Professional Services
Agreement to the highest ranked proposer. Civil Works Engineers was ranked a close
second in the consultant review process. Being that the scope of work for this project is
similar; staff reviewed and selected Civil Works Engineers for the Dover Drive / Westcliff
Drive Street Rehabilitation project based on the firm's qualifications, past experience on
similar projects, and current availability. Upon this selection, staff negotiated with Civil
Works to provide design and construction support services for a not -to -exceed fee of
$220,360.00. Civil Works has satisfactorily completed similar street projects for the City
and other Southern California agencies in the past.
The scope of Civil Work's services includes the following:
• Preliminary design, including field reconnaissance, utility coordination, design
recommendations and detailed report.
• Management of necessary Sub -consultants.
o Design, which includes the preparation of construction documents.
o Post design, which includes bidding and construction support services.
Professional Services Agreement with Civil Works Engineers for Dover Drive and
Westcliff Drive Street Rehabilitation Project
November 12, 2013
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly. A Categorical Exemption for this project will be filed by staff.
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).
Submitted by:
Public Works Director
Attachments: A. Professional Services Agreement with Civil Works Engineers
B. Location Map
C. Budget Amendment
Attachment A
PROFESSIONAL SERVICES AGREEMENT
WITH CIVIL WORKS ENGINEERS, INC. FOR
CIVIL ENGINEERING DESIGN SERVICES FOR DOVER DR. AND WESTCLIFF
DR. REHABILITATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 13th day of November, 2013 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and CIVIL WORKS ENGINEERS, INC., a California corporation ("Consultant'),
whose address is 3151 Airway Avenue, Suite T-1, Costa Mesa, CA 92626, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide Civil Engineering design services
related to pavement rehabilitation and landscape improvements on Dover Drive
and Westcliff Drive ("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, 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.
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
Twenty Thousand Three Hundred Sixty Dollars and 00/100 ($220,360.00), 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.
Civil Works Engineers, Inc. mage 2
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 Marie Martson, 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.
;isomEALIMT il6Ii:7-111111[9]0
This Agreement will be administered by the Public Works. 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. 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
En 111 r.x.. _.a. m
Civil Works Engineers, inc. 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.
Civil Works Engineers, Inc. Page 4
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
Civil Works Engineers, Inc. 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
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
w.raxv v�n:::x :s:. va.:x,.rx xa.azv::.x.rcrr:s�.w^��xn'mzo-azr,:nnamva..xvnoax�rkresauas nnanm+�cttvcecre�rcen.�cci
Civil Works Engineers, Inc. Page 6
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
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)
Civil Works Engineers, Inc. Page 7
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
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.
Civil Works Engineers, Inc. Page 8
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: Patrick Arciniega, Senior Civil Engineer
Public Works
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: Marie Marston, P.E.
Civil Works Engineers, Inc.
3151 Airway Avenue, Suite T-1
Costa Mesa, CA 92626
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
Civil Works Engineers, Inc. Page 9
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Consultant and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
Civil Works Engineers, Inc. Page 10
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Civil Works Engineers, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNIl OFFICE
Date: 10 IM 0
By: p Tpr
Aaron tHarp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Bv:
Keith D. Curry
Mayor
CONSULTANT: Civil Works Engineers,
Inc., a California corporation
By:
Marie Marston, P.E.
President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Civil Works Engineers, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
xis.nrmanauvwsm�sammauucnscaaa¢nrcrmr.^�armruxvuvssmurcvsusus_vs_nmcarsruasscmvsmw.rx,uuumrzxccra2asxc�. rsra-•--••.••,xrrasaervnvazarmauaxr xuaaae
Civil Works Engineers, Inc. Page A-1
Civil Works Engineers
October 22, 2013
Patrick Arciniega, P.E,
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Dover Drive & Westcliff Drive Rehabilitation
Thank you for the opportunity to present a proposal for civil engineering design services related to
pavement rehabilitation and landscape Improvements on Dover Drive and Westcliff Drive. The
following outlines our understanding of the project, our scope of work, and fee.
Protect Understanding
The City is requesting the design of improvements to Dover Drive from Irvine Avenue to Pacific
Coast Highway (PCH) and to Westcliff Drive from Dover Drive to Irvine Avenue. These
improvements are expected to include:
Dover Drive
o Pavement rehabilitation consisting of asphalt concrete overlay with areas of dig out
repair as necessary.
• Pavement reconstruction may be required in areas of excessive damage,
minimal cross slope, and/or drainage ponding issues
o Pavement rehabilitation of existing Mariners Park surface parking lot and drive aisle
o Repair of existing curb, gutter and sidewalk as needed
• There are areas of damaged sidewalk caused by private property trees.
• There are areas of damaged curb, gutter and sidewalk caused by City trees,
generally Ficus trees between Westcliff Drive and Mariners Drive. These
trees have a poor root system and numerous surface roots, If these trees
are to remain, the City suggested potentially reconstructing the curb and
gutter into the existing roadway to add one -foot width to the parkway and
thereby reducing the roadway by one -foot.
o Reconstruction/installation of curb ramps, as applicable
o Reconstruction/modification of intersection cross gutters, as applicable
o Reconstruction of raised median separating Dover Drive and Mariners Park surface
parking lot
o Remove existing median landscape and hardscape, with the exception of existing
pine trees. Pine trees will remain unless recommended for removal by City Arborist.
3151 Airway Avenue, Suite T-1 Costa Mesa . CA . 92626
T 714,966.9060 . F 714.966.9085 www.civilworkserglneers.com
Mr. Patrick Arciniega
Dover Drive & Westcliff Drive Rehabilitation
October 22, 2013
• Install new plant material and median nose paving
• Add/modify irrigation systems, as applicable
o Near PCH, expand existing medians where available and provide new planting and
irrigation
o Traffic signal modifications at the Dover Drive and Cliff Drive, Dover Drive and 16th
Street, and Dover Drive and Irvine Avenue intersections. Partial modification will be
completed at Dover Drive and Westcliff Drive.
o Rehabilitation of existing CMP storm drains. Rehabilitation will be either lining or
replacement depending on existing condition of the each pipe. Video inspection
provided by the City will provide the existing conditions.
o Reconstruction of catch basin access lids. The existing square access lids will be
replaced and reconstructed with current circular manhole lids.
Westcliff Drive
o Pavement rehabilitation consisting of full width grind and asphalt concrete overlay
o Repair of existing curb and gutter and sidewalk, as needed
o Reconstruction/installation of curb ramps, as applicable
o Remove existing turf at triangular island at Dover Drive intersection, regrade area
and install new plant materials. Modify irrigation system as needed.
o Protect existing center median curbs, landscaping, and irrigation.
Project Team
Civil Works will team with subconsultants with ample staff capability, ability to perform the required
tasks, good track record of communication, responsiveness and delivery of public projects to make
this project a reality. We have also verified that each team member currently has the resources
available to complete the project. Our project team includes:
Iteris
NUVIS
Forkert Engineering and Surveying
Traffic Engineering
Landscape Architecture
Surveying and Right of Way
JrE�° Iteris specializes in the design, evaluation and operation of intersections and
arterials to improve the efficiency and safety of vehicular traffic flow, pedestrian
mobility, transit operations and bicycle traffic. Services range from intersection
layout; traffic signal design; re -striping plans; lighting plans; pedestrian safety studies; traffic control
plans; development of arterial traffic calming measures; area -wide street network analysis; on -
street parking improvements; inter -jurisdictional agreements; "before" and "after" evaluation
studies; transit signal priority timing; and signal timing/coordination analysis.
NUVIS represents a new vision and a continued commitment to providing
N ft J V 7 S innovative and responsible landscape design solutions for private developers,
governmental agencies, and other design professionals. For over 40 years,
AANWAPE ARAN❑EE,NEE NUVIS has been involved in the planning and design of parks for both
A N D P L A N N I N G residential community developers and public agencies. They are very
conscious of the image portrayed in their designs. The firm's experience includes an array of
commercial, transportation corridors, public park and recreation, planned mixed-use residential
communities, and urban redevelopment projects.
2of3
Mr. PatrickArciniega
Dover Drive & Westcliff Drive Rehabilitation
October 22, 2013
FORKERT ENGINEERING & SURVEYING, INC. Forked Engineering and Surveying, Inc. (FES) is a
Professional Civil Engineering and Land Surveying Company providing a wide range of services,
including mapping, construction management, surveying, and right-of-way work. They provide
survey and right-of-way services for Orange County Sanitation District, Southern California Edison,
and AT&T. We have worked with Forkert on a number of projects including current projects with
the City of Lawndale and City of Costa Mesa.
Resumes and specific project experience are available upon request.
Scope of Work
Our scope of work is attached as Exhibit A.
Fee
Task 1— Preliminary Engineering
Task 2 — Construction Documents
Task 3 — Construction Services
TOTAL
Our hourly estimates and fees by task are included in Exhibit B.
$ 54,090
$145,870
$ 20,400
$220,360
If you have any questions please call. We look forward to working with you again.
Sincerely,
Marie Marston, P.E.
President
Attachments; Exhibit A — Scope of Work
Exhibit B — Hourly Tasks and Fee Estimate
Civil Works Engineers Rate Schedule
Iteris Rate Schedule
NUVIS Rate Schedule
3of3
Exhibit "A" - Scope of Work for Dover Drive & Westcliff Drive Rehabilitation
The following provides an overview of our proposed scope of work. If requested by the City, we
can provide a fully detailed scope for each task. All engineering design shall be in accordance
with City (and Caltrans where applicable) standards, manuals, and codes. Utility improvements
and modifications shall be coordinated and meet all applicable utility company/agency
requirements.
Civil Works Engineers shall complete the following tasks:
Task 1- Preliminary Engineering
• Task 1.1 Kick Meeting / Data Collection
• Task 1.2 Topographic Survey
• Task 1.3 Utility Research and Coordination
• Task 1.4 Geotechnical Investigation
• Task 1.5 Preliminary Plan and Landscape Concept (30% design)
Task 1.1— Kick -Off Meetings, Data Collection, & Review
Upon the notice to proceed, a kickoff meeting would be held with the City to establish design
directives protocol, discuss project issues, confirm project objectives, and schedule of
deliverables. Civil Works will obtain from the City, Caltrans, County and through research,
relevant project information, including as-builts, survey control records and mapping, drainage
information, right-of-way maps, traffic signal information, previous materials/geotechnical
reports, design information, cadd files, survey records, on-site technical reports, and other
information as available and necessary.
We will perform a field walk to identify noteworthy improvements and features such as utility
facilities, drainage facilities, damaged improvements, private property features, etc. The
existing project limits will be photographed for use during design, discussions, and as a record
of existing conditions.
Task 1,2 —Topographic Surveys and Right -of -Way
Dover Drive
Field survey is needed to obtain precise elevation and location of facilities within and adjacent to
the public right-of-way which may be impacted by the project. This will be accomplished by
ground design survey. Horizontal and vertical control will be established based on the current
County system. Surveying will include precisely identifying the elevations of join points at the
project limits, join information on private property, obtaining street cross sections, locating the
centerline, driveways, locating manholes and other utility facilities, drainage inlets, walls, signs,
trees and other existing topographic culture. Existing street centerline and property lines will be
established from record maps and plans.
It is our understanding the City is requesting detailed cross sections of Dover Drive showing
existing and proposed conditions (see Task 2.2 below). As such, we will need to obtain the
required ground design survey for the entire length of Dover Drive, as the use of aerial
basemapping will not provide accurate data for the cross sections. Survey cross sections will
include intervals of 25 to 50 feet, depending on the section of roadway and pavement
conditions. We are happy to discuss this approach in more detail.
Exhibit A— Scope of Work for October 22, 2013
Dover Drive & Westcliff Drive Rehabilitation
Westcliff Drive
It is expected the City will provide acceptable CAD files showing the existing street
improvements and medians for use as a basemap by Civil Works. As such, additional
topographic survey and basemapping of the roadway is not included in our scope at this time.
Task 1.3 — Utility Research and Coordination
We will contact the City and private utility companies including water, sewer, telephone, electric,
gas, etc. to obtain their most current as -built location information, including the upcoming
construction of a new sewer main. Utilities within the sphere of the project limits will be located
from as-builts to the extent of available records and the size and type of facility determined. We
will then determine the conflicts/impacts the improvements may have with the existing utilities,
Subsequently, we will determine whether changes are necessary and if so, determine prior
rights. We will coordinate and follow-up with the affected utility companies regarding specific
impact locations to identify modification designs or other considerations necessary for final
roadway design. The City will be provided our ongoing contact log with the utility companies.
Existing utilities within the project area include AT&T, City of Newport Beach water, The Gas
Company, Southern California Edison (SCE), Orange County Sanitation District, and Time
Warner. It is expected the existing facilities will be protected in place. Discussing the project
and coordinating with each utility company early in the design process is needed to incorporate
all applicable utility company requirements and standards.
Task 1,4 - Geotechnical Investigation and Analysis
As discussed with the City, a geotechnical investigation of the existing pavement and
recommendations for new pavement sections are not included in the scope at this time. As
such, we expect the City will provide direction for new pavement sections (asphalt concrete,
ARHM, and PCC) and subgrade preparation as applicable.
Task 1.5 — Preliminary Plan and Landscape Concept (30% Design)
We will prepare a preliminary plan showing the proposed horizontal geometrics for the project.
This will include locations of median expansions, curb ramps, cross gutter
modifications/reconstruction, curb & gutter and sidewalk repair, tree removal/protection, limits of
planting/median nose paving, and limits of paving. We will also Include a preliminary planting
plan showing proposed plant material and tree types.
It is expected the City will review and provide comments/direction for the proposed
improvements. We will revise the preliminary concept plans to address City comments and re-
submit for final City review. We anticipate one meeting with the City to review the proposed
project.
Task 2 - Construction Documents
• Task 2.1
Design Team Meetings / Coordination
• Task 2.2
Construction Drawings (CDs)
• Task 2.3
Technical Specifications
• Task 2.4
Quantities and Estimates of Cost
• Task 2.5
Caltrans Processing
• Task 2,6
Plan Revisions, Processing and Approvals
Exhibit A — Scope of Work for October 22, 2013
Dover Drive & Westcliff Drive Rehabllltatlon
Task 2.1- Design Team Meetings and Coordination
Regular meetings will be held to provide a forum to regularly review the project progress, The
purpose of the meetings will be to discuss project issues, determine design direction, review in -
progress documents, etc. We will prepare meeting minutes for review and distribution for the
meetings we attend.
Task 2.2 — Construction Drawings (CDs)
The final design leading to the development of construction documents will be based on the
approved preliminary plans. The plan set would likely consist of the following:
Desai tion
Number of Sheets
Expected Scale
Title Sheet
1
NTS
Typical Cross Sections
2
NTS
Roadway Plan & Profile — Dover Drive
10
1"=40'
Pavement Rehabilitation — Westcliff Drive
1
1"=40'
Pavement Rehabilitation - Mariners Park
Parkin Lot
1
1"=20'
Construction Details
10
Varies
Landscape & Irrigation
12
1"=40'
Signing & Striping
4
1 "=40'
Traffic Signal
4
1 "=20'
Traffic Signal Interconnect
1
NTS
Detailed Roadway Cross Sections
10
1 "=10'
TOTAL
56
Roadway Plan & Profile
The roadway plan and profile sheets will include construction limits of new pavement, median
curbs, curb ramps, cross gutters, etc. The plans will clearly show existing utilities and the
disposition of each facility. The plans will also note existing survey monumentation that may be
obliterated during construction. Direction will be given on the plans and within the specifications
to protect and/or restore all monumentation impacted during construction.
It is expected the ficus trees damaging the curb and gutter will be removed and the curb and
gutter will not be reconstructed into the roadway. As such, designing new curb and gutter
profiles in these areas is not included in our scope. It is our understanding the City has an ADA
Transition plan; as such, we will review this plan and implement applicable improvements.
Construction Details
Construction details will include any specific items such as the curb ramps, cross gutters, etc.
This will also include site specific items such as private property paving modifications that could
potentially be required at driveways, etc.
Roadway Cross Sections
The detailed street cross sections showing existing pavement conditions will be created at 25'
intervals for the entire length of the project. These sections will show any areas of non -
standards such as unacceptable cross slopes, drainage patterns, etc. Detailed cross sections
showing proposed conditions will only be prepared in the areas of existing non -standards.
Exhibit A — Scope of Work for October 22, 2013
Dover Drive & Westcliff Drive Rehabilitation
These details assist the plan checkers during review and the contractor and inspector during
construction to the intent of the design.
Signing and Striping Plans
Signing and striping plans will be prepared for the project area. The design proposed will include
all of the details and notes necessary for the signing, curb markings, and striping along Dover
Drive between Coast Highway and Irvine Avenue, We will field walk the entire project area
from Coast Highway to Irvine Avenue taking inventory of all the existing signage and curb
markings. The design will capture any signs that need to updated per MUTCD requirements
and add any additional signage that will improve driver awareness and safety.
The plans will include all the necessary striping transitions to join with existing striping. The
plans will be produced using the available CAD base information and will be prepared using City
design standards at a scale of 1' = 40'. The City will provide the latest CAD files detailing the
existing striping between Coast Highway and Westcliff Drive.
Signal Modification Plans
Full traffic signal modification plans for the Intersections at Dover Drive and Cliff Drive, Dover
Drive and 16th Street, and Dover Drive and Irvine Avenue will be prepared with a partial
modification plan for the intersection at Dover Drive and Westcliff Drive. The plans will conform
to the requirements of the City of Newport Beach and will be designed per California
Department of Transportation (Caltrans) standards and specifications. The plans will include all
notes and details for the construction of a modified traffic signal system at the intersections with
new/modified poles, mast arms, luminaires, video and/or loop detection, pedestrian push
buttons, signals, and wiring. In addition, we will also ensure that proper vertical and horizontal
clearances are provided between the new poles and any overhead electrical wires.
Signal Interconnect Plan
A signal interconnect plan will be prepared for the project area. The design proposed will include
all of the details and notes necessary for the installation of new twisted pair signal interconnect
cable along Dover Drive between Coast Highway and Cliff Drive. The plan will include all
necessary conduit, pull boxes, and cabling for a complete design.
Landscape and Irrigation Plans
Final landscape and irrigation plans will be prepared meeting current City requirements and
standards for plant material, irrigation facilities and future maintenance. We do not expect
irrigation improvements or modifications to the existing parkway landscape strips adjacent to
homes and businesses and as such are not included in our scope at this time.
Construction Staginq
We will coordinate with the City to determine acceptable construction staging phases. It is
important to determine for the contractor, City, businesses and residents limits of the work area,
traffic flow and traffic impacts during construction. It is expected the staging and traffic control
requirements will be presented in the project specifications, but plans will not be prepared. The
Contractor will be responsible to prepare traffic control plans for City review and approval based
on their proposed timing and methods of construction.
Task 2.3 — Technical Specifications
Technical specifications and bid schedule will prepared for the design elements following the
latest City format. The various items of work and their specific payment clauses including
payment method will also accompany the technical specifications.
Exhibit A—Scope of Work for October 22, 2013
Dover Drive & Westcliff Drive Rehabilitation
Task 2.4 - Quantities and Estimates of Probable Construction Cost
A construction quantity and cost estimate will be prepared for each submittal. The estimate will
show quantities and unit prices •For each item along with appropriate mobilization and
contingency costs. Our unit prices will be based on a combination of prices obtained from
recent construction bids for similar projects and discussions with City staff and with others in the
industry. The items listed in the cost estimate will be the basis for the preparation of the bid list.
We will work with the City to ensure the bid schedule is in accordance with preferred item list,
method of measurement, etc.
Task 2.5 — Caltrans Processing
Pacific Coast Highway is under Caltrans jurisdiction, therefore any proposed work or
modification to facilities within Caltrans right of way will require an encroachment permit. It is
expected the proposed traffic signal detector loop replacement and landscape and irrigation
improvements will require approval and an encroachment permit. We do not expect curb and
gutter, sidewalk or curb ramp modifications or improvements within Caltrans right of way.
We assume the City has an existing landscape maintenance agreement with Caltrans for the
existing medians. We will need a copy of the agreement as part of the encroachment permit
application to Caltrans. We do not expect the agreement will require modification.
Task 2.6 - Plan Revisions, Processing, and Approvals
We will make four submittals of the CD package to the City and Caltrans. These will include a
75%, 90%, 100%A, and final submittal for approval and permits. After incorporating the
comments, final mylar prints will be prepared. These submittals will follow the City's drafting
standards, format, and conventions and would likely consist of the following deliverables:
75% Submittal — City Only
o Plans with details to review impacts, Outline Specifications, and Cost Estimate,
• 90% Submittal — City and Caltrans
o Complete Plans, Complete Specifications, Cost Estimate, and Bid List
• 100% Submittal — City and Caltrans
o Revised Plans, Complete Specifications, Cost Estimate, and Bid List
Final Submittal — City and Caltrans
o Reproducible Plan Set, Electronic Plans, Calculations, Cost Estimate (Electronic
& Hard Copy), Specifications (Electronic & Hard Copy), and Bid List (Electronic &
Hard Copy).
Task 3 - Construction Support
Task 3.1 Support Services
Task 3.1— Support Services
We will provide technical support during bidding to respond to questions, review shop drawings,
construction to respond to questions, clarify plans and specifications, produce addenda, and
revise plans as needed. We will also attend the pre -construction meeting and attend site
meetings as requested by the City. As -built plans will be prepared at the conclusion of work
using redlines plans provided by the Contractor and City.
Exhibit A —Scope of Work for October 22, 2013
Dover Drive & Westcliff Drive Rehabilitation
Exclusions
The following items are not included in our scope of work:
• Geotechnical Investigation
o Assumed provided by City
• Irrigation Improvements/Modifications to Roadway Parkways
• Reconstruction of curb and gutter into the existing roadway
• Drainage Report
o Project will not impact existing drainage conditions
• Water Quality Management Plan (WQMP)
o Project improvements are expected to be exempt from requirements
• Traffic Handling/Staging Plans
o To be prepared by Contractor after award of construction contract
• Agency plan check fees
EXHIBIT B
SCHEDULE OF BILLING RATES
Civil Works Engineers, Inc. Page 8-1
E H<BIT-e
OUEM: 61Y 04Weapod aearll
Livg Wa.F. EnSnom:
PROJ: Dpver OrtveBWOsldlff Otivc-Road l:dmbilas5an
PRQIECf
LAEO0.
ESTp1ATE
PROPOSAL N0:
OATS itl 3
AR
i
a
eF
t`ua
'90SQi0
`Sg
S
m
O y
gJBTOTAI
TOTAL
MR Worle
WAS
Imria
Fprlmt
Nourly RVls
$160
§12a
Si00
$60
$185
$160
$140
$110
$95
5230.
SUS
SIM
$95
$95
$105
$68
$58
5%
Takt Paliminary Engineering
K'kofiM�'ing
2
3
1
ms
3
3
2,,015
12
V.790
Tppb SUNey-Cava'
1
1
1
0.:5
56
28
80
i2
SN,4]8
51,,24
179
$26,C45
umty RLseud,
6
Savo
6
$600
Way Basanap
1
8
8925
9
8925
SM. Dm¢, R -i.
5
$11.
8
$1,000
51 Visit
0
6
$"=
2
8
P
ffim
34
$15/0
Braemzp Ravisans-Dover
1
2
4
$810
]
$810
Bawnsp Rmi,sone-WMdnT
1
2
6
Sf1010
9
ST,O.
OIM
2
8
$1050
W
51,05p
PWMCnlalend Plat
2
8
6
$2120
6
10
16
S4,S10
50
Am
R¢tiae P2lim Pfan
l
4
8
$1.460
1
4
5
SL375
23
$2885
T eSgnallmes8gatlon
2
8
le
1S
$$140
42
55140
GH A1ad'm9
2
2
55)0
4
SM
Ad aM
2
2
4
5810
H
5810
TAMSUSTOTAL
853,745
R�mWrva'J^es
5945
TASKMTALHO S
1243
Fi
8
12
25
B
21
2
B
18
16
59
SB
9J
IZ
401
TASKTOTALF
$1,920
S5,3]5
S5,6w
15360
5132551
$2220 S4.m
$1.120
$2310
50,850
S4.L
$1240
5,,920
$T,520
$ry140
ISN.40
$2946
$a4 O
£693
324.'
§1,224
SSC 090
is P P58E
TigeM.
1
2
Si25
9
$,TyS
Typiael DmssS Dt
1
4
16
52260
2f
$,26p
-Rfl19D PreM1-OOV¢r1
12
24
$9,060
i
$4,050
Pim&Pmffi3O ver
2
18
40
$6,320
58
U,320
Reivb PLan-Nfesldiff
1
4
16
14260
21
42250
CarsWclion Detests
t
19
W
mi.
5]
86160
PaMng Lot Rceab
t
8
18
$2760
25
$2,]80
Oda9ed CYos $ecC'ans
1
12
A
Me.
.,^J
$5 &RO
Stmt Omin MH Mpolficatlme
4
8
51.300
72
$1,3W
Strom DNm Lint03
t
8
16
S 7W
25
§ m
Sfmm Otain RePles of
1
19
24
SS,660
41
S4,S0
LdMss Plan
1
2
$410
2
2
52
51,970
=9
w
a$P9
ttri8etisn Plv:
1
2
5910
2
30
$11,990
$WO
W
$,3,000
619nal Pfaas
1
1
$2&5
a
24
60
m
S2g360
174
824645
Sig,pl Weru'mnaY
1
SM
2
8
le
24
SS9tl0
51
S9f15
SIgNn9 and cNWt9
1
2
5410
6
10
32
68
$ff,330
99
511,740
SP-
2
1a
4
5.550
2
2
16
SO5
1
4
7
9
$2545
$1 US63
57,258
Etlmtale
1
4
8
5;480
1
4
5
5:,375
1
4
]
9
52,595
b69
44
5$449
Cakta,¢Pmtz55Sg
4
20
16
5£750
V.74090q
SuhmilFel
a
24
00
540.250
93
514280
IaM SLbmitlal
4
16
32
W'BM1
@
S38t0
Fl.SW and
1
4
12
51.860
19
S1.B60
Cty MwS�s(2)
6
8
S19M
14
S.900
PA,m,IWpN
0
le
0
0
54,290
0
1a
6
,..830
88
SSOO
TASKSURTOTAL
5145669
Relmbu�Nas
SOOT
T65KTOTi1L NO11R5
19
2Y)
3)B
12
13
56
B
0]
I 18
i8
50
112
170
1.223
TASKTOTALFF
87,3W
521.125
S3T,B00
5]20
SI3.Wi
52,505 $0.900
0..120
S7.MD
$1,360
59215
80.140
5),]50
SM,6(0
H6,150
8U,6B0
S1.iW
MSSwo
Ttik3 CMi4YgIg13WP4R
RFIBSM1q, Doering¢2
8
a
S21?U
12
j
$t,➢20
2
8
8
,fi, 660
48
X77
Prm Bd BPmCarmi Mlpa
1
8
51.169
2
SMO
11
51,520
58e nxetitgs{2)
6
8)50
32
55,120
d
8
S1,m
50
4),459
ha Britt Hato
2
4
6
81,x➢
6
,5950
8
vw
28
V},
Adm'm1C0pNitvBpn
2
4
2
440
B
TASK SDUTOTAL
I
I
80,050
ReimbOrSSNes
I
I I
I
I
I
I
550
TA
TASKS i£E 51,120
50
51600
5120
55".
54,000
52,OOP
I $920
1 5110
1 SStPA
$760
¢(460
I
I I
1
11
1146
4N,4Lb
GRAND TMAL
65
260
450
20
$92.851
25
131
66
88
16
895.865
24
711
154
144
553280
56
28
80
12
*26,869
1,769
GRAND TOTAL
3220,3W
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
CO_4.0'JMW.M_N_RSfTAAtIRGJllITLL94`4NJiRYfiMANURiIPPlVSIOlRImiC1�SlYLrtll/OE7PP SL[RSVJX�IVLP�NtlH�il�r![]BASpN68JTJ>m¢9TTE35@fRLII9lmC0¢S�+Ffi�ll:®�ISY�S06hty,LZNIDk 14PIRM3lP'W'J
Civil Works Engineers, Inc. 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
Civil Works Engineers, Inc. Page C-2
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
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.
Civil Works Engineers, Inc. Page C-3
YA �<x " � v
\O
COAST HWY --®' �-�
DOVER AND WESTCLIFF DRIVE
PAVEMENT REHABILITATION
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-5583
City of Newport Beach
BUDGETAMENDMENT
2013-14
NO. BA- 14BA-020
AMOUNT: $633,000.00
EFFECT ON
BUDGETARY FUND BALANCE:
X
Increase Revenue Estimates
X
Increase in Budgetary Fund Balance
�X
Increase Expenditure Appropriations AND
rl
Decrease in Budgetary Fund Balance
Transfer Budget Appropriations
No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations to recognize revenue from the Orange County
Sanitation District per Reimbursement Agreement approved by Council on 6/11/13 for the Dover Drive and Westcliff
Drive Pavement Rehabilitation Project. Revenue was billed and is expected in FY14, which will be applied towards
the cost of this contract for engineering services. The rest of the CIP project will be budgeted in FY15.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
250 3605
REVENUE ESTIMATES (3601)
Fund/Division Account
250 4858
EXPENDITURE APPROPRIATIONS (3603)
Amount
Description Debit Credit
Contributions Fund - Fund Balance $583,000.00
Description
Contrib Fund - Refunds & Rebates -From Govts. $633,000.00
Description
Division Number 7251 Contribution
Account Number C2002018 Dover/Westcliff Dr. Street Rehabilitation $50,000.00
Signed:/ l�4 If j?,
Financial Appro i f mance Di €c r Date
Signed:
A ' is ive Approval: City Manager ate
Signed:
City Council Approval: City Clerk Date