HomeMy WebLinkAboutC-5866 - PSA for Engineering and Landscaping Architecture Services on Ocean Boulevard and Poppy AvenueU
AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT
WITH GLENN A. RICK ENGINEERING DEVELOPMENT CO.
DBA RICK ENGINEERING COMPANY FOR
ENGINEERING AND LANDSCAPE ARCHITECTURE SERVICES ON
OCEAN BOULEVARD AND POPPY AVENUE
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four") is made and entered into as of this 3rd day of January, 2017
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and GLENN A. RICK ENGINEERING
DEVELOPMENT CO., a California corporation doing business as ("DBA") RICK
ENGINEERING COMPANY, ("Consultant"), whose address is 2 South Pointe Drive,
Suite 275, Lake Forest, California 92630, and is made with reference to the following:
RECITALS
A. On May 14, 2014, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide engineering and landscape architecture
services on Ocean Boulevard and Poppy Avenue in Corona del Mar and prepare
conceptual designs for the two streets ("Project").
B. On July 15, 2014, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional Services not previously
included in the Agreement and to increase the total compensation.
C. On September 24, 2015, City and Consultant entered into Amendment No. Two
to the Agreement ("Amendment No. Two') to reflect additional Services not
included in the Agreement, as amended, to extend the term of the Agreement to
June 30, 2016 and to increase the total compensation.
D. On April 26, 2016, City and Consultant entered into Amendment No. Three to the
Agreement ("Amendment No. Three") to reflect additional Services not included
in the Agreement, as amended, to extend the term of the Agreement to June 30,
2018, to increase the total compensation and to update Insurance Requirements.
E. The parties desire to enter into this Amendment No. Four to reflect additional
Services not included in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services and Schedule of Billing Rates, attached hereto as Exhibit A and incorporated
herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to
Amendment No. One, Exhibit A to Amendment No. Two, Exhibit A to Amendment No.
Three, and Exhibit A to this Amendment No. Four shall collectively be known as "Exhibit
A." The City may elect to delete certain Services within the Scope of Services at its sole
discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Scope of
Services and Schedule of Billing Rates attached 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 Six Thousand Seven Hundred Seventy Dollars and 00/100
($206,770.00), 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. Four,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Ten Thousand Four Hundred Dollars and 00/100 ($10,400.00).
3. INDEPENDENT CONTRACTOR
Section 10 of the Agreement is amended in its entirety and replaced with the
following:
"10.1 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.
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page 2
10.2 Consultant agrees and acknowledges that no individual performing
Services pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least twenty (20) hours per week for one year or
longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS
member."
4. NOTICES
Section 25.2 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658"
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORrY'S/ rE1
Date: i l
Aaron )C. Harp
City Attorney
ATTEST: . qJ1
Date: �
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: l 1 '31 la
r
By: C.—
t r y Ib Dave iff
City Manager
A. (-- , JrilW
Leil�111 1. :•
City Clerk
�1
`��PORS%,
Attachments
CONSULTANT: Glenn A. Rick
Engineering Development Co., a California
corporation DBA Rick Engineering
Company
Date:
Signed in Counterpart
By:
Kai E. Ramer, P.E.
Vice President
Date:
Signed in Counterpart
By:
Dennis C.
Secretary
[END OF SIGNATURES]
Bowling, P.E.
Exhibit A — Scope of Services and Schedule of Billing Rates
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITYATTOR Y'S O FILE/
Date:— � / ���/ ( �
By: C -,L— ('
Aaron Harp �utv r 2 r y f
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: Glenn A. Rick
Engineering Development Co., a California
corporation DBA Rick Engineering
Company ,
Date:
By:ar
E.R
K amer, P. E.
Vice President
Date: 1/'4411
By:
Dennis C. Bowling, P.
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services and Schedule of Billing Rates
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page 4
EXHIBIT A
SCOPE OF SERVICES
AND
SCHEDULE OF BILLING RATES
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page A-1
August 29, 2016
Mr. Michael Sinacori
Assistant City Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884 Email: msinacori@newport-beach.ca.gov
SUBJECT: CONTRACT ADDENDUM #4 FOR ADDITIONAL EXHIBITS FOR POPPY
AVENUE, NEWPORT BEACH, CA (REC J-17218)
Dear Mike:
Rick Engineering Company respectfully requests an increase in the subject purchase order. The
additional scope of services includes fifty-three (53) additional lot exhibits showing the specific
improvements proposed for each lot on Poppy Avenue. This work is more defined as follows:
Scope of Work
Prepare a 5 -scale exhibit for each of the fifty-three (53) lots on Poppy Avenue. Each exhibit
will be in color and show the specific proposed parkway improvements fronting each lot. It is our
understanding that the exhibits will be used by City staff for coordination with each property owner.
Fee
The fee for this additional work is $10,400.00, bringing the total contract amount to $206,770.00 to
perform work in conjunction with our contract dated May 8, 2014.
Please provide written confirmation of your approval of the above described work as our
authorization to perform these additional services. We sincerely appreciate the opportunities of
working with you and the City of Newport Beach. Please contact me at (949) 588-0707 with any
questions you may have.
Respectfully submitted,
RICK ENGINEERING COMPANY
Barry J. Cowan, P.E.
Associate Principal, Office Manager
RCE No. 46568, Exp. 06/30/17
BJC:jgh
2 Soulh Poinle Drive, Suite 175 - Lake forest, California 92030 - (949) 588.070- - I AX: (949) 588.0709 - rickengineering.com
ORANGE SAN DIEGO RIVERSIDE SACRAMENTO SAN LUIS OBISPO BAKERSFIELD DENVER PHOENIX TUCSON
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH GLENN A. RICK ENGINEERING DEVELOPMENT CO. DBA RICK
ENGINEERING COMPANY FOR
ENGINEERING AND LANDSCAPE ARCHITECTURE SERVICES ON OCEAN
BOULEVARD AND POPPY AVENUE
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 26th day of
April, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and GLENN A. RICK
ENGINEERING DEVELOPMENT CO., a California corporation doing business as
("DBA") RICK ENGINEERING COMPANY, ("Consultant"), whose address is 5620 Friars
Road, San Diego, California 92110, and is made with reference to the following:
RECITALS
A. On May 14, 2014, City and Consultant entered into a Professional Services
Agreement ("Agreement') to provide engineering and landscape architecture
services on Ocean Boulevard and Poppy Avenue in Corona del Mar and prepare
conceptual designs for the two streets ("Project').
B. On July 15, 2014, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional Services not previously
included in the Agreement and to increase the total compensation.
C. On September 24, 2016, City and Consultant entered into Amendment No. Two
to the Agreement ("Amendment No. Two") to reflect additional Services not
included in the Agreement, as amended, to extend the term of the Agreement to
June 30, 2016 and to increase the total compensation.
D. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to June 30, 2018, to increase the total compensation and to update
Insurance Requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2018, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services and Schedule of Billing Rates, attached hereto as Exhibit A and incorporated
herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to
Amendment No. One, Exhibit A to Amendment No. Two and Exhibit A to Amendment
No. Three shall collectively be known as "Exhibit A." The City may elect to delete
certain Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Ninety Six Thousand Three Hundred Seventy Dollars and 001100 ($196,370.00),
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Fifty Thousand Seven Hundred Thirty Dollars and 001100
($150,730.00).
4. INSURANCE REQUIREMENTS
Exhibit C to the Agreement shall be amended in its entirety and replaced with
Exhibit C-1, attached hereto and incorporated herein by reference.
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By -.QA Vl
Aaron C. Harp
City Attorney
ATTEST:
Date:
By: a"JA�cp, Pknft—
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: tom, S f
By:
Diane K Dixon
Mayor
CONSULTANT: Glenn A. Rick
Engineering Development Co., a California
corporation DBA Rick Engineering
Company
Date:
By: Signed in Counterpart
Kai E. Ramer, P.E.
Vice President
Date:
By: Signed in Counterpart
Dennis C. Bowling, P.E.
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services and Schedule of Billing Rates
Exhibit C-1 – Insurance Requirements
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO IEY'S OFFICE
Date:
By: V
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Diane B. Dixon
Mayor
CONSULTANT: Glenn A. Rick
Engineering Development Co., a California
corporation DBA Rick Engineering
Company ,
Date:
By:/
Kai E. Ramer, P.E.
Vice President
Date: -4�z l //4
Dennis C. Bowling,, P�
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates
Exhibit C-1 — Insurance Requirements
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page 3
EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE OF BILLING RATES
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page A-1
ry
April 6, 2016
Mr. Michael Sinacori
Assistant City Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884 Email: msinacori@newport-beach.ca.gov
SUBJECT: CONTRACT ADDENDUM NO. 3 FOR ADDITIONAL SERVICES
CONSTRUCTION DOCUMENTS) ON POPPY AVENUE, NEWPORT BEACH,
A (REC J-17218)
Dear Mike:
Rick Engineering Company presents this contract addendum per your request to prepare
construction documents for the reconstruction of Poppy Avenue between PCH and Ocean
Boulevard. Our Addendum No. 3 proposal is based on the Poppy Avenue Alternative III Concept
Plan, prepared by Rick Engineering Company dated December 7, 2015, and your comments on said
Concept Plan received on March 7, 2016.
Our understanding of the project is that Poppy Avenue between Pacific Coast Highway (PCH) and
Ocean Boulevard, approximately 1,400 11, will be reconstructed full -width within the public right
of way to include parkways, curb, gutter, sidewalk, and structural section. Adjacent existing private
improvements, some within the 1' buffer -zone in the right of way, will be protected as feasible and
connected to the roadway reconstruction work. Also, included is the reconstruction of Ocean
Boulevard between Poppy Avenue and Margarite, approximately 1,500 Lf The reconstruction on
Ocean Boulevard will be mainly the pavement section between the existing curbs, with curb being
replaced where broken. The ADA ramps within the full project limits on both Poppy and Ocean will
be surveyed for compliance with ADA and those not meeting current ADA guidelines will be
detailed for reconstruction and/or replacement.
We have included two subconsultants on our team to facilitate the required work. They are:
• Coast Surveying for topographical surveys. Coast Surveying prepared the topographical
and right of way survey on Poppy Avenue used for the concept design phase under a
separate contract with the City of Newport Beach. It is noted that the earlier survey
performed by Coast Surveying in this area for the City did not include the portion of this
project on Ocean Boulevard.
• GMU Geotechnical for structural section design. GMU has worked with the City of
Newport Beach recently.
2 South Pointe Dike. Suite 2'i • Lake Forest, Ca Iifurni.l 926 ill - 19491 ,880711: • FAX: f9441 388 0709 • rickongineeria,g.cum
ORANGE SAN DIEGO RIVERSIDE SACRAMENTO SAN LUIS OBISPO BAKERSFIELD PHOENIX TUCSON
Mr. Michael Sinacori, City of Newport Beach
Contract Addendum—Poppy Avenue, Construction Documents
06, 2016
Our work is more defined as follows:
L Scope of Work
A. Research and Data Collection — We will gather and review available information such as
preliminary engineering reports, record drawings, assessor's parcel maps, right-of-way
maps, street centerline ties, and utility maps.
B. Utility Coordination — RICK shall assist City staff with utility coordination. City staff will
request for utility maps and send out utility verification and/or relocation notices. Consultant
shall identity known utilities within project limits on construction drawings. Utility
adjustments and relocations shall be shown on contract drawings.
C. Field Surveying Services — Coast Surveying will perform a topographic/design survey to
supplement, enhance and verify a previously prepared survey on Poppy Avenue. The limits
of the work on Poppy Avenue, in the City of Newport Beach, will extend from Ocean
Boulevard to the Pacific Coast Highway and will include existing tree locations, back of
walks, parkway features such as brick hardscape, concrete pads, etc., driveway cuts,
driveways from Right of Way to 10' back of Right of Way or face of garage, walls and
fences adjacent to Right of Way, private gates, private entry walkways, private walkway
stairs, mailboxes, etc. Additionally, all topographic features such as water valves, manholes,
street lights, trees, traffic and utility pull boxes, etc. shall be included or verified from the
original survey. The survey will be tied horizontally and vertically to existing control
monuments used in the original survey.
Coast surveying will also perform a topographic/design survey of Ocean Boulevard between
Poppy Avenue and Marguerite Avenue. The survey will include details within the apparent
Right of Way with cross sections surveyed at 50' intervals. A Right of Way Survey will not
be considered as part of this scope of work.
Should access to any of the private properties where survey data is required be denied by the
property owner, Coast Surveying shall report the address of the property to the client so that
entry may be negotiated.
All survey work performed by Coast Surveying on this project will be done so under the
direct supervision of a Professional Land Surveyor Licensed in the State of California.
The topographic/design survey will be delivered in AutoCAD Civil 3D 2015 per City of
Newport Beach Standard format with contours generated at 1' intervals and merged with the
original topographic survey.
D. Base Mapping — Upon completion of the above items A. through C., RICK will prepare a
base map. The base map shall include, as a minimum, street centerline, right-of-way lines,
sidewalks, curbs, gutters, pavement striping, topographic features, 1 -foot contour lines, and
known existing utility lines. The base map will be field verified for accuracy.
E. Geotechnical Engineering — GMU will provide the geotechnical services. This work
includes a site reconnaissance with notifications to Dig Alert prior to field exploration
J-17218 Rick Engineering Company
Mr. Michael sinacori, City of Newport Beach
Contract Addendum—Poppy Avenue, Construction Documents
Page 3 of 5
2016
drilling operations. We propose to perform two pavement corings on Poppy Avenue; one
within the existing PCC areas and one within the existing AC areas. We propose to perform
four pavement corings on Ocean Boulevard. A total of six pavement corings will be
performed. The corings will be to a maximum of four -feet deep. Traffic control per the
WATCH Manual will be utilized during the field exploration operation. Laboratory testing
will be performed to evaluate various engineering properties of the sub -surface materials.
An engineering analysis will be performed in accordance with the California Highway
Design Manual. A pavement report will be prepared to present a summary of our findings,
conclusions, and repair recommendations. The full geotechnical scope of work is provided
as an attachment to this document for your reference.
F. Construction Documents
Roadway Plans - Construction drawings shall be at a scale of 1 inch = 20 feet. We
propose drawings at 20 -scale to allow for the necessary detail for projects of this type
where there are many project features to tie-in; such as fences, walls, entry walks and
stairs, driveways, mailboxes, etc. For clarity purposes, details may be drawn at a larger
scale. As a minimum, construction drawings shall include, a Title Sheet, Typical
Sections, Plans and Profiles, Details, Intersection Details, and Signing & Striping.
Drawings shall be prepared in AutoCAD 2010 and shall comply with City CAD
standards. Once design has been completed, Consultant shall submit electronic files of
final drawings in AutoCAD and Adobe (PDF) format.
Anticipated plan sheets are:
Title Sheet 1 ea
Typical Sections and Notes 2 ea
Misc. Construction Details 2 ea
Plan & Profile (1"=20') 6 ea
Signing & Striping (1"=40') 2 ea
Planting Plans and Details 8 ea
TOTAL 21 sheets
2. Planting Plan - Graphic location and identification of plant materials to be used,
including quantities, sizes, varieties and planting details for site conditions. Three
alternative planting pallets will be depicted in tabular form on the plans for the residents
to choose from. Tree grates will be shown on this plan.
3. Special Provisions — Consultant shall prepare Special Provisions to the Standard
Specifications for Public Works Construction (2009 Edition) in Microsoft Word. An
electronic copy in Microsoft Word format shall be submitted at the completion of
design. City staff will provide the front end boilerplate. Specifications will include
material and installation specifications for landscape irrigation and planting,
establishment period and maintenance. Specifications shall set forth method of
installation and set quality standards for materials and workmanship for the finished
product.
J-17218 Rick Engineering Company
Mr. Michael Sinacori, City of Newport Beach
Contract Addendum—Poppy Avenue, Construction Documents
Page 4 of 5 April 06, 2016
4. Cost Estimate — RICK shall prepare an itemized construction cost estimate. Quantity
back-ups shall also be submitted with the cost estimate. We will submit the construction
cost estimate in Microsoft Excel format.
G. Progress Meetings and Project Management - RICK will meet with City staff during the
design process to review and discuss progress and coordinate courses of action. It is
anticipated that a maximum of eight (8) design meetings will be required. This includes the
initial project kick-off meeting. Also, included is the management of the project sub -
consultants project activities and their invoicing.
H. Exhibits — This includes the preparation of exhibits to be used for presentation purposes.
Because it is unknown the number of and type of exhibits that will be required, this work
will be performed on a time and materials basis not to exceed the below listed fee amount
for this line item.
I. City Council Presentations — We will prepare for, attend and present as needed at up to two
(2) City Council meetings.
J. Unforeseen Conditions — This item of work is for unforeseen items of work that may be
required for the completion of the project P.S.&E. This work will be performed at the
direction of the City.
K. Construction Support - Participate in pre-bid and pre -construction meetings, provide
necessary addenda, change orders and site observation visits. Reports pertaining to
plantings during the 90 -day establishment period will be prepared. (Based on 40 hours).
This does not include construction inspection services.
L. Prepare of Asbuilt plans. Plans will be based on contractor markups and items noted during
field visits from visual observations that are revisions to the approved plan set.
M. Direct and reimbursable expenses to include such items as printing, plotting, other
reproduction costs, deliveries, and mileage, etc.
Exclusions:
• Preparation of irrigation plans
• Preparation of Traffic Control Plans
• Preparation of Traffic Signal Modification Plans
• Storm Water Drainage Report, Drainage Calculations, and Storm Drain Design
• Water Quality Pollution Plan (WQMP)
• Storm Water Pollution Prevention Plan (SWPPP)
• Construction Inspection Services
Fee
A. Research and Data Collection.....................................................................$ 2,500
B. Utility Coordination....................................................................................$ 1,800
C. Field Surveying Services............................................................................$16,030
D. Base Map Preparation.................................................................................$ 3,500
J-17218 Rick Engineering Company
Mr. Michael Sinacori, City of Newport Beach
Contract Addendum—Poppy Avenue, Construction Documents
Page 5 of 5
April 06, 2016
E.
Geotechnical Engineering...........................................................................$15,700
F.
Construction Documents
1. Roadway Plans......................................................................................$33,600
2. Planting Plans.......................................................................................$
9,900
3. Specifications........................................................................................$10,600
4. Construction Cost Estimate..................................................................$
5,900
G.
Progress Meetings and Project Management..............................................$14,500
H.
Exhibits.......................................................................................................$
4,400
I.
City Council Presentations.........................................................................$
4,000
J.
Unforeseen Conditions...............................................................................$10,000
K.
Construction Support ..................................................................................$11,600
L.
Asbuilt Plans...............................................................................................$
3,200
M.
Reimbursable Expenses..............................................................................
3,500
TOTALFEE...........................................................................................................$150,730
The fee for this additional work is $150,730, bringing the total contract amount to $196,370 to
perform work in conjunction with our contract dated May 8, 2014. Other than noted in this
addendum, all provisions of the original contact remain,
Please provide written confirmation of your approval of the above described work as our
authorization to perform these additional services. We sincerely appreciate the opportunities of
working with you and the City of Newport Beach. Please contact me at (949) 588-0707 with any
questions you may have.
Respectfully submitted,
RICK ENGINEERING COMPANY
Bary J. Cowan, P.E.
Associate Principal, Office Manager
RCE No. 46568, Exp. 06/30/17
BJC:
Copy: Patrick Arciniega, P.E. parciniegaAnewportbeachca.gov
Attachment: Project Initial Schedule
GMU Proposal
1-17218 Rick Engineering Company
City of Newport Beach
Poppy Avenue & Ocean Boulevard Streets
Rehabilitation
INITIAL SCHEDULE
ID
Task Name
Start
Finish
Dur.
er 2nd C uarter
3rd uarter
4th uar
Mar A r Ma Jun
Jul Au Se
oct Nov
1
Poppy Avenue and Ocean Boulevard Construction
Documents
Geotechnical
Field Surveys
Prepare 70%PS&E
City Review 70%PS&E
Prepare 90%PS&E
City Review (90% Submittal)
Prepare 100% PS&E/Reports/Plats & Legal desc.
City Reviews and City Council Approval
Final Submittal
Bidding Support, Advertisement
Construction Contractor Negotiations/Start-up
Construction Start
4/4/16 10/7/16 27 Wks
4/4/16 5/6/16 5 Wks
4/11/16 5/6/16 4Wks
4/11/16 5/13/16 5Wk
5/16/16 5/27/16 2 Wks
5/30/16 6/17/16 3 Wks
6/20/16 7/1/16 2 Wks
7/4/16 7/22/16 3 Wks
7/25/16 8/5/16 2 Wks
8/8/16 8/12/16 1 w
8/15/16 9/9/16 4 Wks
9/12/16 10/7/16 4 Wks
10/7/16 10/7/16 0 d
.®
2
4/4 5/6
3
4/ 5/6
4
4/ 5/13
5
5/16 5/27
6
5/30 6
17
7
6/20.
7/1
8
7/4
7/22
9
/25 Tn 8/5
30
8/8 8/12
11
8/15 9/
12
9/12
m, 10/7
13
**10/7
RICK ENGINEERING COMPANY
Date: 3131116
Pmied Design Team
Milestone +
Summary rte® Extemal Task �mr
Agency Review rm^nrme.
+mnm+nm.
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Ila
ENGINEERING C01dPANS
GM
GEOTECHNICAL, INC.
March 21, 2016
23241 Arroyo Vista
Rancho Santa Margarita
CA 92688
voice: 949.888.6513
fax: 949.888.1380
web: www.gmugoo.com
Mr. Barry J. Cowan, PE
Associate Principal
Rick Engineering Company
2 South Pointe Drive, Suite 275
Lake Forest, California 92630 GMU Project P -16053R1
Subject: Proposal to Perform Pavement Coring and Concrete Pavement
Thickness Design Recommendations, Poppy Avenue and Ocean
Boulevard Pavement Reconstruction Project, City of Newport
Beach, California
Reference: (1) Poppy Concept Plan, dated December 7, 2015, prepared by Rick
Engineering Company.
(2) Ocean Boulevard and Marguerite Avenue, Pavement
Reconstruction Project (C-5581), prepared by Onward Engineering.
Dear Mr. Cowan:
GMU Geotechnical, Inc. (GMU) is pleased to submit this proposal to provide pavement coring
and concrete pavement design services for the Poppy Avenue and Ocean Boulevard Pavement
Reconstruction Project. This project is located in the City of Newport Beach, California.
Our understanding of this project is based on our correspondence with you on March 9, 10, and
18, 2016 and our review of the referenced documents. Poppy Avenue, between Ocean Avenue and
Pacific Coast Highway, currently consists of deteriorated alternating segments of AC and PCC
pavements. Ocean Boulevard, between Poppy Avenue and Marguerite Avenue, consists of
deteriorated PCC pavement. We propose to provide pavement evaluation services to identify the
existing pavement thicknesses, subgrade soil types/conditions, and to provide PCC pavement
thickness design recommendations for this pavement reconstruction project. We propose to
provide the following scope of work:
Task 1— Site Reconnaissance and Dig Alert
Task 2 — Field Exploration
Task 3 — Laboratory Testing
Task 4 — Pavement Engineering Analysis
Task 5 — Pavement Materials Report
Mr. Barry Cowan, RICK ENGINEERING
Proposal: Poppy Avenue and Ocean Boulevard Pavement Reconstruction Project, City of Newport Beach,
California
SCOPE OF WORK
Task 1— Site Reconnaissance and Dig Alert
We propose to perform a site reconnaissance to identify the existing pavement types and coring
locations. The approximate limits of the existing PCC and AC segments will be documented.
Coring locations will be marked during this assessment. We will notify Dig Alert prior to drilling
to avoid potential conflicts with known underground utilities.
Task 2 — Field Exploration
Pavement corings will be performed to identify the thickness of the existing pavement sections
and to collect sub -surface materials for laboratory testing.
We propose to perform two pavement corings on Poppy Avenue: One within the existing PCC
areas and one within the existing AC areas. We propose to perform four pavement corings on
Ocean Boulevard. A total of six pavement corings will be performed. We understand that we will
be able to perform pavement corings between the hours of 8 AM and 5 PM.
Core sampling will be performed to a maximum depth of four -feet deep. Drive and bulk sampling
of the subgrade soils will be performed to collect necessary samples for laboratory testing. The
core holes will be backfilled with aggregate base materials and capped with rapid -set concrete.
Our proposal includes traffic control, performed in accordance with the WATCH Manual. Traffic
control will consist of cones to delineate our work zone, signage to notify drivers, and two traffic -
control flagmen to direct traffic around our work zone. Single lane closure will be performed and
the traffic control flagmen will allow one direction of traffic through at a time. We understand that
traffic control plans are not required therefore cost associated with preparing traffic control plans
have not been included in our budget.
Task 3 — Laboratory Testing
Laboratory testing will be performed to evaluate various engineering properties of the sub -surface
materials. Laboratory tests will include:
• In-place moisture and density;
• Sieve #200 wash for soil classification;
• Atterberg Limits testing for soil classification;
• R -Value testing; and
• Sulfate content testing.
The test data will be used in our engineering analysis. We have estimated a quantity of tests based
on our experience with similar past projects.
March 21, 2016 2 GMU Project P -16053R1
Mr. Barry Cowan, RICK ENGINEERING
Proposal: Poppy Avenue and Ocean Boulevard Pavement Reconstruction Project, City of Newport Beach,
California
Task 4 — Pavement Engineering Analysis
Pavement engineering analysis will be performed in accordance with the California Highway
Design Manual. Information gathered from Tasks 1 through 3 will be analyzed and concrete
pavement thickness design recommendations will be developed.
We assume that the City will provide the traffic index for the roadway in order for us to perform
our pavement thickness analyses. If one is not available or provided, we will perform our analysis
using assumed traffic indexes (i.e., 5.5 or 7.0).
Task 5 — Pavement Materials Report
A pavement report will be prepared to present a summary of our findings, conclusions, and repair
recommendations. In summary, the report will include:
• Site location map;
• Coring location map;
• Select photographs;
• Tables showing existing pavement section thicknesses;
• Laboratory testing results; and
• Concrete pavement thickness design recommendations.
The final report will be signed by a California -registered civil engineer.
March 21, 2016 3 GMU Project P -16053R1
Mr. Barry Cowan, RICH ENGINEERING
Proposal. Poppy Avenue and Ocean Boulevard Pavement Reconstruction Project, City of Newport Beach,
Cal(fornia
ESTIMATED FEE
We will provide the above outline scope of work on a time -and -materials based on the attached
2015 Schedule of Charges and General Conditions for Geotechnical Services. The following
summarizes our estimated costs.
Poppy Avenue and Ocean Boulevard Pavement Reconstruction Project
City of Newport Beach
Task 1— Site Reconnaissance & Dig Alert $ 1,230.00
Task 2 — Field Exploration $ 5,920.00
Task 3 — Laboratory Testing $ 3,140.00
Task 4 — Pavement Engineering Analysis $ 2,120.00
Task 5 — Pavement Materials Report $ 2,560.00
ESTIMATED PROTECT TOTAL (TIME -AND -MATERIALS) $14,970.00
We will not exceed this amount without written authorization. Please notify us immediately if the
proposed scope of services does not meet your current needs, or if any significant changes are
made to the proposed development so that we can revise our scope of services. Revision of the
scope of services may affect the estimated fee. The proposed scope of services is consistent with
the level of care and skill ordinarily exercised by engineering professionals with experience in this
area. No warranty, either expressed or implied, is made.
March 21, 2016 4 GMU Project P -16053R1
Mr. Barry Cowan, RICK ENGINEERING
Proposal. Poppy Avenue and Ocean Boulevard Pavement Reconstruction Project, City of Newport Beach,
California
GMU is pleased to have this opportunity to propose our services for your project. Should you have
any questions or comments, please feel free to call the undersigned (949-888-6513).
Sincerely,
1tOFESS/p GMU GEOTECHNICAL, INC.
�,SCyj�yc .f
C81529 Cirv�
k RogeY W. Schlierkamp, MSc, P
CiVlt.��a�P Director of Pavement Enginee ns
David R. Atkinson
Senior Engineer
Attachment:
2013-15 Newport Beach Standard Schedule of Charges
GMU Geotechnical Standard Agreement
rws/P-16053(3/21/16)
March 21, 2016 5 GMU Project P -16053R1
J
GEOTECHNICAL, INC
2013-2015 SCHEDULE OF CHARGES
CITY OF NEWPORT BEACH ON-CALL
PROFESSIONAL SERVICES
Principal Engineer or Geologist
Associate Engineer or Geologist
Senior Engineer or Geologist
Project Engineer or Geologist
Senior Staff Engineer or Geologist
Staff Engineer or Geologist
Graphic Illustration/CADD
Document Preparation and Administrative Project Services
FIELD INSPECTION & TESTING SERVICES
PREVAILING WAGE
$ 245.00/hour
$ 215.00/hour
$ 205.00/hour
$ 185.00/hour
$ 165.00/hour
$ 120.00/hour
$ 110.00/hour
$ 90.00/hour
Senior Geotechnical Engineering Technician $ 100.00/hour*
• Minimum 10 years experience
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Geotechnical Engineering Technician $ 90.00/hour*
• Qualified inspection and testing of soils and grading
• Services provided under direct supervision of a Senior Engineering Technician
Special Registered Inspector (No 4 hour minimum) $ 90.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
NON -PREVAILING WAGE
Senior Geotechnical Engineering Technician $ 100.00/hour*
• Minimum 10 years experience
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Geotechnical Technician $ 80.00/hour*
• Qualified inspection and testing of soils and grading
• Services provided under direct supervision of a Senior Engineering Technician
Special Registered Inspector (No 4 hour minimum) $ 74.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Services provided under supervision of a Senior Special Registered Inspector, if applicable
*Notes:
(1) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling.
(2) No 4 -hour minimum charges apply.
(3) Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project
in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays.
LABORATORY TESTING SERVICES
Laboratory Testing (soils, aggregate, asphalt) $ 105.00/hour
(For special materials testing and laboratory costs on a per -test basis, see GMU's Laboratory Fee Schedule)
CHARGES
Outside Services Cost + 15%
Reimbursables Cost
EXHIBIT C-1
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply
and that coverage does not meet these requirements, Consultant agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII
(or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services
Office form CG 00 01, in an amount not less than one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed under
an insured contract (including the tort liability of another assumed in a
business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00
01 covering bodily injury and property damage for all activities of
Consultant arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million
dollars ($1,000,000) combined single limit each accident.
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page C-1
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
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page C-2
require complete, certified copies of all required insurance policies, at
any time.
B. City's Right to Revise Requirements. City reserves the right at any
time during the term of the Agreement to change the amounts and
types of insurance required by giving Consultant sixty (60) calendar
days advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a
given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to
be all inclusive, or to the exclusion of other coverage, or a waiver of
any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for
higher limits maintained by the Consultant. Any available insurance
proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared
to and approved by City. City reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these
requirements unless approved by City.
F. City Remedies for Non -Compliance. If Consultant or any
subconsultant fails to provide and maintain insurance as required
herein, then City shall have the right but not the obligation, to purchase
such insurance, to terminate this Agreement, or to suspend
Consultant's right to proceed until proper evidence of insurance is
provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by
Consultant upon demand.
G. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page C-3
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.
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company 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: 5/3/16 Dept./Contact Received From: Raymund
Date Completed: 5/3/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: Rick Engineering Comma
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/1/16-1/1/17
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater): A++:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
E Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes ❑ No
1.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
E 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 E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/1/16-1/1/17
A.
INSURANCE COMPANY: Travelers Property Casualty Co of America
B,
AM BEST RATING (A-: VII or greater) A++:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS - 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):
E N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes E No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/16-1/1/17
A. INSURANCE COMPANY: Travelers Property Casualty Company of America
B. AM BEST RATING (A-: VII or greater): A++:XV
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $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 EFF: 8/15/15-8/15/16 CARRIER: XL SPECIALTY INS CO
RATING: A: XV ADMITTED LIMIT: 3M/2M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
5/3/16
Date
® N/A ❑ Yes ❑ No
® N/A ❑ 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 Date
* Subject to the terms of the contract.
y
AMENDMENT NO. TWO TO
V PROFESSIONAL SERVICES AGREEMENT
WITH GLENN A. RICK ENGINEERING DEVELOPMENT CO. DBA RICK
ENGINEERING COMPANY FOR
ENGINEERING AND LANDSCAPE ARCHITECTURE SERVICES ON OCEAN
BOULEVARD AND POPPY AVENUE
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 24th day of September,
2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and GLENN A. RICK ENGINEERING
DEVELOPMENT CO. DBA RICK ENGINEERING COMPANY, a California corporation
("Consultant'), whose address is 5620 Friars Road, San Diego, California 92110, and is
made with reference to the following:
RECITALS
A. On May 14, 2014, City and Consultant entered into a Professional Services
Agreement ("Agreement') to provide engineering and landscape architecture
services on Ocean Boulevard and Poppy Avenue in Corona del Mar and prepare
conceptual designs for the two streets ("Project').
B. On July 15, 2014, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional services not included in
the Agreement and to increase the total compensation.
C. City desires to enter into this Amendment No. Two to reflect additional Services
not included in the Agreement, as amended, to extend the term of the Agreement
to June 30, 2016, and to increase the total compensation.
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. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services and Schedule of Billing Rates, attached hereto as Exhibit A and incorporated
herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to
Amendment No. One, and Exhibit A to this Amendment No. Two 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
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services and Schedule of Billing Rates, attached hereto as Exhibit A.
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 Forty Five
Thousand Six Hundred Forty Dollars and 00/100 ($45,640.00), 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. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed Six
Thousand Eight Hundred Dollars and 00/100 ($6,800.00).
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]
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company 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 OF NEWPORT BEACH,
CITY AT RNE OFFICE a California municipal corporation
Date: Date: ID- 7'�
By:
Aaron C. Harp conn 0IN1241►s David A. W bb
City Attorney ?O^ 112,015 15 'I1* ublic Works Director
ATTEST:.7• /�-- CONSULTANT: Glenn A. Rick
Date: ! ! Engineering Development Co. DBA Rick
Engineering Company, a California
corporation
Date:
By: By:
Leilani I. grown Kai E. Ramer P.E.
City Clerk
PORN%
Attachments:
f
Vice Presi
dent
en� t
Date: G) `� 1
By:
Dennis .
Secretary
[END OF SIGNATURES]
Bowling, P.E
Exhibit A — Scope of Services and Schedule of Billing Rates
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page 3
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
Glenn A. Rick Engineering Development Co. DBA Rick Engineering Company Page A71
iN.
August 5, 2015
Mr. Michael Sinacori
Assistant City Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884 Email: msinacori@newport-beach.ca.gov
SUBJECT: CONTRACT ADDENDUM #2 FOR ADDITIONAL CONCEPTS ON OCEAN
BOULEVARD & POPPY AVENUE, NEWPORT BEACH, CA (REC J-17218)
Dear Mike:
Rick Engineering Company respectfully requests an increase in the subject purchase order. The
additional scope of services includes the addition of five (5) Conceptual Design Plans and
associated exhibit preparation. The original contract included four (4) concepts for the two (2)
project areas. To date we have completed variations of five (5) concepts for Ocean Boulevard and
two (2) for Poppy Avenue. The majority of the work to date has been absorbed in our original
contract, but upcoming additional work will require a purchase order increase. This work is more
defined as follows:
Scope of Work
I . Ocean Boulevard
a) Preparation of the additional conceptual plans above the original scope.
b) Preparation of an additional concept plan to address citizen comments from the site
meeting of July 22, 2015. The concept may include preliminary layouts for sidewalk
connecting Ocean Boulevard to China Cove Beach, stair landing on Ocean Boulevard for
the staircase to China Cove Beach, upgraded hand railings, etc.
2. Poppy Avenue
a) Preparation of an additional concept that honors the existing curb line, but utilizes the
I' -wide clear area within each side of the existing right of way for landscaping and
sidewalk improvement. It is noted that this addendum does not include field surveys.
The provided topo along Poppy does not reflect the existing residents' sidewalk
connections, walls, stairs, etc. The concept plan will only reflect the location of these
private improvements by visualization.
3. Colored Plan Views
Includes the colored plan view exhibits for the above concepts described in Items I and 2.
2 South Pointe Drive, Suite 275 • Lake forest, California 92630 • (949) 588-0707 • rAX: (949) 588.0709 • rickengineering.com
ORANGE SAN DIEGO RIVERSIDE SACRAMENTO SAN LUIS OBISPO BAKERSFIELD DENVER PHOENIX TUCSON
Mr. Michael Sinacori, City of Ne rtBeach
Contract Addendum #2 — Ocean Boulevard and Poppy Avenue, Arborist Services
Page 2 of 2 August 5, 2015
Fee
The fee for this additional work is $6,800.00, bringing the total contract amount to $45,640.00 to
perform work in conjunction with our contract dated May 8, 2014.
Please provide written confirmation of your approval of the above described work as our
authorization to perform these additional services. We sincerely appreciate the opportunities of
working with you and the City of Newport Beach. Please contact me at (949) 588-0707 with any
questions you may have.
Respectfully submitted,
RICK ENGINEERING COMPANY
ir-L �
tAJ. C low an, .E.
Associate Principal, Office Manager
RCE No. 46568, Exp. 06/30/17
BJC:mks
J-17218 Rick Engineering Company
y
v AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH GLENN A. RICK ENGINEERING AND DEVELOPMENT CO.
DBA RICK ENGINEERING COMPANY FOR
ENGINEERING AND LANDSCAPE ARCHITECTURE SERVICES ON
OCEAN BLVD AND POPPY AVE
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Agreement") is made and entered into as of this 15th day of July, 2014 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and GLENN A. RICK ENGINEERING AND
DEVELOPMENT CO. DBA RICK ENGINEERING COMPANY, a California corporation
("Consultant"), whose address is 5620 Friars Rd, San Diego, CA 92110, and is made
with reference to the following:
RECITALS
A. On May 14, 2014, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide engineering and landscape architecture
services on Ocean Blvd. and Poppy Ave. in Corona del Mar and prepare
conceptual designs for the two streets ("Project").
B. City desires to enter into this Amendment No. One to reflect additional Services
not included in the Agreement and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services and Schedule of Billing Rates, attached hereto as Exhibit A and incorporated
herein by reference ("Services" or "Work"). Exhibit A to the Agreement and 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.
2. COMPENSATION TO CONSULTANT
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services and Schedule of Billing Rates, attached hereto as Exhibit A.
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 Scope of
Services and 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 Thirty Eight Thousand Eight Hundred Forty Dollars and 00/100
($38,840.00), 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
Seven Thousand Forty Dollars and 00/100 ($7,040.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Rick Engineering Company 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 ATTORN Y'S OFFICE
Date:
Aaron C. Harp
City Attorney
ATTEST: n 3A
Date:
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a Californi' municipl corporation
Date:
By: 1
David A. Webb
Public Works Director
CONSULTANT: Glenn A. Rick
Engineering and Development Co. dba
Rick Engineering Company, a California
corporation
Date: �j0� 19� 2bl�
By: �+- —
Kai E. Ramer, P.E.
Vice President
Date:
By:
Dennis C.Bowlin , P. E.
Secretary
C
[END OF SIGNATURES]
Exhibit A — Scope of Services and Schedule of Billing Rates
Rick Engineering Company Page 3
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
Rick Engineering Company Page A-1
W
June 19, 2014
Mr. Michael Sinacori
Assistant City Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884 Email: nnsinaeo•i6r newport-beacli.ca.gov
SUBJECT: CONTRACT ADDENDUM FOR ARBORIST SERVICES ON POPPY AVENUE
NEWPORT BEACH, CA (RFC J-17218)
Dear Michael:
At your request is a contract addendum for proposed arborist services on Poppy Avenue between
Pacific Coast Highway and Ocean Boulevard in conjunction with our contract for professional
engineering and landscape architecture services for Ocean Boulevard and Poppy Avenue.
For this work we propose to use the services of:
R. Dan Jensen & Associates, Inc.
18011 Clear water Circle
Huntington Beach, CA 92648
Contact: R. Dan Jensen
ISA Certified Arborist #AVE -1093A
ISA Tree Risk Assessor
California State Licensed Pest Control Advisor PCA070860
Phone 714841-2905
R. Dan Jensen & Associates, Inc, recently completed similar work for Poppy Avenue north of
Pacific Coast Highway for the City of Newport Beach.
Scopeof Work
Tree Risk Assessment
a) Perform a Tree Risk Assessment of the 52 trees using the criteria and standards
established by the International Society of Arboriculture. Evaluation will confornn to the
latest ANSI 300 Standards,
b) Prepare a general report of the 52 trees. Notcd in the report will be a list of laardscape
damage created by each tree. Detailed in the report will be "Probability of Failure," "Size
of Defective Part," "Target Area," and a "Total Score" for each tree. Determination of
hazard will be determined by the trees' total score.
Evaluation of the trees will be from the ground with minor soil excavation and minor
examination of above ground parts of the trees.
2 South Pointe Ddve, Suite 275 - Lake Forest, California 92630 • (919) 500.0707 - FAX: (919) 5011,0709 • rickengincering.com
ORANGE SAN DIEGO RIVERSIDE SACRAMENTO SAN LUIS OBISPO BAKERSFIELD PHOENIX TUCSON
Mr. Michael Sinacorl, Oty of Newport Beach
Contract Addendum— Ocean Boulevard and Poppy Avenue, Arborist Services
Page 1 oft lune 19, 2014
2. Meetine and Presentation
Prepare for and attend one (1) meeting to present Tree Risk Assessment report findings. For
this item eight (8) howl at $130.00 per hour are included.
The cost for the arborist services quoted above, as well as extra arborist services, will be billed at
the rate of $130.00 per hour.
Fee
The fee for this additional work is $7,040.00, bringing the total contract amount to $38,840.00 to
perform work in conjunction with our contract dated May 8, 2014.
For billing purposes, the fee will be divided as follows:
a) Tree Risk Assessment
b) Meeting and Presentation
$ 6,000.00
1.040.00
TOTAL $ 7,040.00
Please provide written confirmation of your approval of the above described work as our
authorization to perform these additional services. We sincerely appreciate the opportunities of
working with you. Please contact me at (949) 588-0707 with any questions you may have.
Respectfully submitted,
RICK ENGINEERING COMPANY
Barry J. Cowan, P.E.
Associate Principal, Office Manager
RCE No. 46568, Exp. 06/30/15
B7C:mks
J-17218 Rick Engineering Company
f` PROFESSIONAL SERVICES AGREEMENT
WITH GLENN A. RICK ENGINEERING AND DEVELOPMENT CO. DBA RICK
ENGINEERING COMPANY FOR
ENGINEERING AND LANDSCAPE ARCHITECTURE SERVICES ON OCEAN
BOULEVARD AND POPPY AVENUE
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 14th day of May, 2014 ("Effective Date'), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and GLENN A. RICK ENGINEERING AND DEVELOPMENT CO., a California
corporation, doing business as ("DBA") RICK ENGINEERING COMPANY
("Consultant'), whose address is 5620 Friars Road, San Diego, CA 92110, 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 engineering and landscape
architecture services on Ocean Blvd. and Poppy Ave. in Corona del Mar and
prepare conceptual designs for the two streets (`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, 2015, 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 and Schedule of Billing Rates 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 Scope of
Services and Schedule of Billing Rates attached as Exhibit A. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Thirty One Thousand
Eight Hundred Dollars and 00/100 ($31,800.00), 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 A to this Agreement or specifically approved in writing in
advance by City.
Rick Engineering Company 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
Scope of Services and Schedule of Billing Rates as set forth in Exhibit A.
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 Barry Cowan to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
Rick Engineering Company 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.
Rick Engineering Company 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 B, 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
Rick Engineering Company 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, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
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17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. 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.
19. 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.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
Rick Engineering Company Page 7
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.
21. 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.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
bome by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
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25. NOTICES
25.1 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Mike Sinacori, Principal Civil Engineer
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Barry Cowan
Glenn A. Rick Engineering and Development Co. DBA Rick
Engineering Company
2 South Pointe Drive, Suite 275
Lake Forest, CA 92630
26. 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.).
27. TERMINATION
27.1 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
Rick Engineering Company Page 9
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 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.
28.5 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.
28.6 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.
Rick Engineering Company Page 10
28.7 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.
28.8 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.
28.9 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.
28.10 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.
28.11 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.
28.12 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]
Rick Engineering Company Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:—5 -1 - 1+
,.k ,
Aaron P"C-
LAa • ,
AttorneyCity
ATTEST: /;, I�
Date: 2�✓
By: a46
Leilani I. Brown
City Clerk
ORt+itA
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: S -
By: P, 4
David A. Webb
Public Works Director
CONSULTANT: Glenn A. Rick
Engineering and Development Co., a
California corporation DBA Rick
Engineering Com any
Date: S-�°►
By:
Kai E. Ramer, P.E.
Vice President
Date: '5� �C�� `4--
gy; �--
Dennis C. Bowling, P.E
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services and Schedule of Billing Rates
Exhibit B - Insurance Requirements
Rick Engineering Company Page 12
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
Rick Engineering Company Page A-1
MMT"
ENGINEERING COMPANY
April 23, 2014
Mr. Michael Sinacori, P.E.
Assistant City Engineer, City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884 Email: msinacori@newportbeachca.gov
SUBJECT: PROPOSAL FOR PROFESSIONAL ENGINEERING AND LANDSCAPE
ARCHITECTURE SERVICES ON OCEAN BOULEVARD AND POPPY AVENUE
IN CORONA DEL MAR, CA (REC 16744-0; PH2O14.06)
Dear Michael,
Thank you for meeting with Mike Salazar and me on April 17, 2014, in regards to the Subject. We
greatly appreciate the opportunity to work with you and the City of Newport Beach to enhance the
safety, aesthetic character, and traffic circulation for Ocean Boulevard and Poppy Avenue. Pursuant to
your verbal request for a proposal and our understanding of the project needs based on our site
meeting, following is our proposal to prepare conceptual designs for the two streets.
Scone of Work
Our work consists of preparing conceptual designs for Ocean Boulevard between Carnation Avenue
and Bayview Drive. Currently, the pavement width of Ocean Boulevard between Carnation and Dahlia
is approximately 70' and between Dahlia and Bayview is approximately 44'. Our goal of the
conceptual design is to beautify the roadway by reducing the pavement width of the wide street section
and providing landscaped areas. We will accommodate for the existing parking count and include the
parking in our design concepts. Also, we will incorporate the addition of a sidewalk on the southwest
side of Ocean Boulevard between Dahlia and Bayview where no sidewalk currently exists.
For the Poppy Avenue portion of the project, which is on Poppy
Avenue between Ocean Boulevard and Coast Highway, we will
prepare concept plans that resolve the issue of the mature trees
and the damage caused by the street tree root systems to the public
right of way. Possible alternatives will be to remove and replace
the trees, preserve in place by designing geometric revisions to the
existing street cross section, such as elimination of sidewalk
and/or parking on one side of Poppy Avenue, or changing Poppy
Avenue to one-way vehicular travel.
It is our understanding that our current scope of work is for
conceptual design only. A future phase will include construction
documents to fulfill the preferred conceptual design concept and
rehabilitate the pavement on Ocean Boulevard. Also, prior to the
start of work, the City of Newport Beach will provide an accurate
current topographical map suitable for the level of work included in
this scope of work.
2 South Pointe Drive, Suite 275 - Lake Forest, California 926 10 • (949) 588-0707 • FAX: (949) 588-0709 • rickengineering.com
ORANGE SAN DIEGO RIVERSIDE SACRAMENTO SAN LUIS OBISPO BAKERSFIELD PHOENIX TUCSON
Ali. Aftchael Sinacori, P. E,., City of Neiwpa7 Beach
Proposal - Ocean Boulevard and Poppy Avenue Conceptual Design
Page 2 of d Date: April 23 2014
ConceNtial Desien
I . Review and Research
A. Data Collection: Perform research to acquire as -built
plans for the project area streets and utilities.
B. Meetings and Project Coordination: Attend project
kick-off meeting, two (2) project team meetings to
communicate and present our conceptual designs, and
solicit input from the City and community.
2. Prepare Base Map of Existing Conditions
Base Map: From the City -provided topographical survey
and our data collection efforts, we will prepare a base map to
include physical surface features, in -ground (per found
documents) and overhead utilities, and street right of way for
both project segments.
3. Conceptual Design
A. Ocean Boulevard and Poppy Avenue Sheet Concepts: Rick Engineering Company will
prepare up to four (4) street geometric and landscape concepts for the two (2) project areas.
The concepts will account for vehicular traffic, bicycle, and pedestrian circulation, on -street
parking, liardscape layout, planting areas, preliminaiy planting legend, and amenities. The
goal of the concept is to beautify the area by minimizing the street pavement area yet allow
for the safe and efficient movement of the multi -modal traffic to and throughout the project
area, and provide a similar level of motorized vehicular parking.
The street geometric concept drawings will include a plan view and typical cross section(s)
with general dimensions and notes to effectively convey the conceptual ideas.
B. Colored Plan View: Plan views will be colored and mounted for presentation to the
City / community.
.1-167,14, PH 2014.06 Rick Engineering Company
Mr. Afichael Sinacori, P.li, City of Aletrporl Bench
Proposal - Ocean Boulevard and Poppy I renue Conceptual Design
Page 3 of4 Date: April 23 2014
C. Photosimulation: A photos insulation for each of the (4) proposed solutions will be
developed to further illustrate design intent.
D. Community Outreach: A neighborhood meeting will be held to present ideas and address
local concerns.
FEE
Our fee for this portion of the project is on a fixed -fee basis in the ansount of $30,900.00 for the Basic
Services. Work not specifically described under the scope of work is excluded firms this agreement.
1. Review and Research:
A. Data Collection.......................................................$1,200.00
B. Meetings and Project Coordination ........................ 1,500.00
2. Prmare Base Map of Existing Conditions ....................... 1,900,00
3. Conceptual Design:
A. Ocean Blvd & Poppy Avenue Street Concepts....... 12,000.00
B. Colored Plan View.... .............................................. 2,800.00
C. Photosinmlation...................................................... 5,500.00
D. Community Outreach ............................................ 6.000.00
TOTAL FEE $30,900.00
All printing, title company fees, soils reports, blueprinting and miscellaneous expenses are excluded from
this agreement and will be charged to the Client at the cost incurred by Rick Engineering Company. For
budgeting purposes, the total cost for expenses can be assumed to be approximately $ 900.00.
Exclusions
I_ Hydrology and hydraulic calculations relating to storm
water runoff and quality
2. Field, topographical, and design surveys
3. Traffic studies, analyses and traffic data collection
4. Coordination and/or processing with the Coastal
Commission
5. Any environmental tasks, analysis, technical studies,
reports, etc.
6. Construction Docunsents/Administration
7. Lighting Plans
8. Opinion of Probable Construction Cost.
It is noted that Rick Engineering Company can provide the excluded services listed above, if requested
by the City, as an addition to this contract.
Fees and expenses will be billed monthly as the work progresses, and the net amount shall be due
within thirty (30) days from the date of receipt of the invoice in the Client's office.
J-16744, PH 2014.06 stick R.ngitx•cring ComImIly
Mr. Michael Sivacori, P.E., City ofNeny;orl Bench
Proposal - Ocean Boulevard and Popp), Avenne Carcelnxal Design
Page 4 qf4 Date: April 23 2014
If you would like us to proceed on this work as outlined above, we ask that you please provide us with
the City of Newport Beach Standard Agreement for our concurrence and signature as our written
authorization to proceed with this work.
If you have any questions regarding this agreement, please contact me directly.
Sincerely,
RICK ENGINEERING COMPANY
Barry J. Cowan, P.E.
Associate Principal, Office Manager
RCE No. 46568, Exp. 06/30/15
BJC:nrks
Copy: Mr. Jim Kuhlken, RLA, Rick Engineering Company
,1-16744, P111014.06 Rich Iinl;incerifir CompmlN
071 ff __TW__
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
Rick Engineering Company Page B-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
Rick Engineering Company Page B-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.
Rick Engineering Company Page B-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 6/24/14
Dept./Contact Received From: Raymund
Date Completed: 6/24/14 Sent to: Raymund By: Chris
Company/Person required to have certificate: Rick Engineering Company
Type of contract:
H.
All
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/1/14-1/1/15
A. INSURANCE COMPANY: Travelers Indemnity Company of CT
B. AM BEST RATING (A-: VII or greater): A++:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? E Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT—please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE
1/11/114-11111115
1,000,000/2,000,000
E Yes ❑ No
E Yes ❑ No
E Yes ❑ No
E Yes ❑ No
E Yes ❑ No
❑ Yes
E No
E N/A ❑ Yes
❑ No
❑ N/A E Yes
❑ No
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater) A++:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS - If Employees (Must be $11M 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):
E N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes E No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/14-1/1/15
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A++:XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $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
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
0 6/24/14
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ 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