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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. rw 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. Rick Engineering Company Page 6 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. Rick Engineering Company Page 8 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