HomeMy WebLinkAboutC-8170-1 - On-Call PSA for Civil Engineering Services0
1
AMENDMENT NO. THREE TO
[— ON-CALL PROFESSIONAL SERVICES AGREEMENT
0D WITH PSOMAS FOR
I CIVIL ENGINEERING SERVICES
V
THIS AMENDMENT NO. THREE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 23rd day of
August, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and PSOMAS, a California
corporation ("Consultant"), whose address is 3 Hutton Center Drive, Suite 200, Santa
Ana, California 92707, and is made with reference to the following:
RECITALS
A. On July 18, 2016, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement") for Consultant to provide as -needed civil
engineering services on an on-call basis ("Project").
B. On April 23, 2019, City and Consultant entered into Amendment No. One to the
Agreement to reflect additional Services or Work not anticipated in the Agreement,
to extend the term of the Agreement to June 30, 2021, to increase the total
compensation and update the Conflicts of Interest and Claims sections.
C. On June 21, 2021, City and Consultant entered into Amendment No. Two to extend
the term of the Agreement to December 31, 2021, and to update the Insurance
Requirements in Exhibit C.
D. The parties desire to enter into this Amendment No. Three to increase the total
compensation due to the unexpected increase in the volume of Work.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. 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 Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Three Hundred Seventy Five Thousand Dollars and 00/100 ($375,000.00), 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
Seventy Five Thousand Dollars and 00/100 ($75,000.00).
PSOMAS Page 1
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
PSOMAS Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: �//5'�2/
By: /Z_
ar n C. H
't'L✓ Gi y Attorney
ATTEST:
Date: ? - 1.
/� �1i►v/
BrownLeilani 1.
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: AUG 3 0 2021
By:
6---
Grac3iKveung
City Udhager
CONSULTANT: PSOMAS, a California
corporation
Date:
Signed in Counterpart
By:
Joseph L. Boyle
Vice President
[END OF SIGNATURES]
PSOMAS 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 ATTORN Y'S PFFICE
Date-.—
By:
ate:By:
1vv aro C. Harp
City'Attorney 7,j
ATTEST:
Date:
go
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Az
Grace K. Leung
City Manager
CONSULTANT: PSOMAS, a California
corporation
Date: (3 i./
By: r--, , & (/'�
J sep L. Boy
Vi resident
[END OF SIGNATURES]
PSOMAS Page 3
U
AMENDMENT NO. TWO TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
CIVIL ENGINEERING SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 21st day of
June, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and PSOMAS, a California
corporation ("Consultant"), whose address is 3 Hutton Center Drive, Suite 200, Santa
Ana, California 92707, and is made with reference to the following:
RECITALS
A. On July 18, 2016, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement") for Consultant to provide as -needed civil
engineering services on an on-call basis ("Project").
B. On April 23, 2019, City and Consultant entered into Amendment No. One to the
Agreement to reflect additional Services or Work not anticipated in the Agreement,
to extend the term of the Agreement to June 30, 2021, to increase the total
compensation and update the Conflicts of Interest and Claims sections.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to December 31, 2021, and to update the Insurance Requirements in
Exhibit C.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2021, unless terminated earlier as set forth herein."
2. INSURANCE REQUIREMENTS
Exhibit C of the Agreement is amended in its entirety and replaced with Exhibit C
attached hereto and incorporated herein.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
PSOMAS Page 1
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 ATTORNEY'S OFFICE a California municipal corporation
Date: 01/�e Z/ Date: JUN 2 2 2021
11
B / 4� By:
ron C. H(. oy•zk Grac . Leung
City Attorney City0anager
ATTEST:, n gyp- n f CONSULTANT: PSOMAS, a California
Date: v� �'Vv corporation
Date:
w Signed in Counterpa;
By: By:
Leilani I. Brown Joseph L. Boyle
City Clerk Vice President
[END OF SIGNATURES]
PSOMAS Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
B:
ron C. H t. %'i2`
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:.
Grace K. Leung
City Manager
CONSULTANT: PSOMAS, a California
corporation
Date: (o /
By: c
J se L. Boyle
Vi e resident
[END OF SIGNATURES]
PSOMAS Page 2
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
PSOMAS Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees 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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
PSOMAS Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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.
F. 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-
PSOMAS Page C-3
insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. 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 Agreement, 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.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
PSOMAS Page C-4
July 27, 2021
PSOMAS
3 Hutton Center Drive, Suite 200
Santa Ana. CA 92707
Reference Number: 8170-1
This Account has moved from non-compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely
City of Newport Beach
Compliant Notice [CA1 ]
City of Newport Beach
llEWPol?T
o 1.1 15,
Insurance Compliance
u K—�
PO Box 100085 - FV
9Cl F00.�
Duluth, GA 30096
July 27, 2021
PSOMAS
3 Hutton Center Drive, Suite 200
Santa Ana. CA 92707
Reference Number: 8170-1
This Account has moved from non-compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely
City of Newport Beach
Compliant Notice [CA1 ]
Balancing the Natural and BufltEnvrconment
March 29, 2021
Andy Tran, PE
Senior Civil Engineer
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Independent Structural Review of the Pedestrian Overcrossing and Seven
Retaining Walls at the Superior POC Project.
Background
The City of Newport Beach is planning to construct a new parking lot and pedestrian
overcrossing at the corner of Superior Avenue and Pacific Coast Highway. The City has received
90% Plans and Estimates from the Engineer of Record.
The City has requested Psomas provide review of the structural bridge and retaining wall plans,
specifications, and estimates.
This work will be performed under the current on-call agreement between the City and Psomas.
Scope of Work
The structural items on the 90% plans are:
Structure Description
Pedestrian Overcrossing Single -span, 210' long, seat abutments
Segmental Walls 1-2 Segmental modular block retaining wall
CIP Walls 3-7 Cast -in-place concrete
See Exhibit I for the locations of each structure.
For each of these structures, Psomas will:
• Review the plans for completeness, consistency, and constructability concerns.
• Compare the plans and specifications for consistency.
• Review the specifications for proper wording, payment clauses, and consistency with
design standards.
Mr. Andy Tran, PE
Page 2
• Review of the calculations for clarity, load path, computer program input and output.
• Assemble all comments into a list of written items and plan markups.
• Attend three conference calls or meetings to discuss our review comments.
Assumptions
• The engineer of record will remain in responsible charge of the project and will perform
their own "in house" quality control.
• The engineer of record will produce submittals conforming to industry standard of care.
• Psomas' review is limited to providing comments based on our past experience on similar
projects.
• We assume that the structure types chosen are appropriate and therefore our review will
not comment on any previously rejected alternatives.
• Psomas will not perform independent structural calculations. Psomas will review the
calculations prepared by the engineer of record.
• No services during construction are included.
• The project does not involve Caltrans facilities.
Level of Effort and Fee
Psomas proposed to perform the tasks above for the fee of $35,580.
Sincerely,
PSOMAS
Douglas Fredericks, PE
Attachments: Exhibit 1 and Fee
P S 0 M A S
Mr. Andy Tran, PE
Page 4
Fee
Detailed Quote Including Hours and Staff
Psomas Structural
Task
No. Description
Principal
in Charge
Senior
Project
Manager
Senior
Engineer
Design
Engineer
Project
Admin
Total
Hours
Psomas
Labor Fee
Psomas
Other Direct
Costs
Total Fee
Per Task
$230.00
$230.00
$170.00
$130.00
$85.00
Task Management
4
8
12
$1,600
$140
$1,700
Review of Bridge Plans
2 1
20
24
1
46
$6,9801
$6,980
Review of Seg Retaining Wall Plans
2
a
a
18
$2,860
$2,860
Review of CIP Retaining Wall Plans
2
8
8
18
$2,860
$2,860
Review of Bridge 5 ecfications
2
a
10
$1,820
$1,820
Review of Wall S ecfications
2
4
6
$1,140
$1,140
Review of Bridge Calculations
2
24
32
58
$8,700
$8,700
Review of CIP Wall Calculations
2
6
1 8
1
18
$2,860
1
$2,860
Review of Modular Wall Calculations
1
8
16
25
$3,670
$3,670
Review of Quantities and Estimate
1
4
16
21
$2,990
$2,990
0
$0
$0
0
$0
$0
4
16
92
112
B
232
$35,480
$100
$35,580
Balancing the Natural and Built Environment
Revised February 24, 2021
February 23, 2021
VIA EMAIL
msinacori@newportbeachca.gov
Mike Sinacori
Assistant City Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
SUBJECT: Civil Engineering Services for Lido Island Resurfacing Project
City of Newport Beach On -Call Services
We sincerely appreciate the opportunity to propose on the City's Pavement Resurfacing project for
the perimeter roadways on Lido Island, Lido Nord and Lido Soud, as discussed at our site walk on
2/11/21.
Psomas' proposed team for this important project will be led by our Project Manager, Matt
Heideman, PE, and Principal -in -Charge, Bob Talafus, PE, together with our project engineer from the
Cameo Highlands project, Henry Nguyen. Mr. Heideman and Mr. Talafus' recent experience includes
serving as Project Manager and Principal -in -Charge, respectively, for the City's Cameo Highlands
Street Reconstruction and 15th Street/Balboa Boulevard Revitalization projects.
Based on our site walk with you and followup coordination with Alfred Castanon this proposal
represents our understanding of the scope of this project. We believe our approach to the project and
level of effort described in our scope of services is consistent with the needs of the project.
Please note our proposal is valid for a period of 90 days. We look forward to working with City staff
and the opportunity to provide engineering services to the City of Newport Beach. Should you have
any questions concerning our proposal, please do not hesitate to contact us.
Sincerely,
PSOMAS
Robert J. Talafus, PE
Vice President
cc: Matt Heideman-Psomas
F:\Engr Group\Engr Clerical\PROPOSALS\Proposat.doc
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Tel 714.751.7373
Fax 714.545.8883
www.Psomas.com
Page 2
February 24, 2021
Lido Island Pavement Resurfacing
City of Newport Beach
EXHIBIT A
SCOPE OF SERVICES
Lido Island Pavement Resurfacing
City of Newport Beach, California
Revised February 24, 2021
February 23, 2021
PROJECT UNDERSTANDING
Psomas is preparing this proposal for resurfacing of Lido Nord and Lido Sound per the City's
request for proposal discussed at our site walk on 2/11/21 to be provided under our existing on-call
contract with the City.
In general, this project consists of a variable grind and overlay of asphalt, reconstructing
deteriorated adjacent concrete flatwork, adjusting utilities to grade, and restoring pavement striping.
That asphalt resurfacing is intended to provide a consistent finished surface that covers the signs of
utility trenching resulting from the water main project currently under construction and expected to
be completed summer 2021. Based on our site walk, it is our understanding that the City would like
us to identify concrete flatwork including curbs and gutters adjacent to the resurfacing that has been
damaged to the degree that it impacts drainage or accessibility. The City does not intend to bring
the walkways up to ADA current standards with this project but there are two ADA ramps that the
City would like us to reconstruct.
The City intends to hire a surveyor to provide Psomas with as built sections every 25 ft along the
roadways to be resurfaced as mentioned above. Psomas will use those sections to design proposed
sections every 50 ft. The City has expressed an interest in improving the cross fall of the roadway
to get closer to the current double crown section standard. Psomas has included 2 site walks in this
scope of work to enable Psomas to identify deficiencies in the current condition that meet this
criteria and to develop the improvement plan package for City review at 50%, 90% and 100%
completion. This scope only includes civil engineering services during design, excluding support
during construction per the City's request.
It is our understanding that the City would like the 100% improvement plans completed by the end
of September 2021 and this scope assumes that any work beyond that date could result in the need
for additional services.
SCOPE OF WORK
Psomas shall provide the following services:
Task 1 -Base Mapping
Research and Data Collection — Psomas shall gather and review all available information such as
preliminary engineering reports, record drawings, assessor's parcel maps, right-of-way maps, street
Page 3
February 24, 2021
Lido Island Pavement Resurfacing
City of Newport Beach
centerline ties, and utility maps. Psomas will coordinate with the City's Surveyor to make sure to
get all information needed to support the Civil improvement plans. This task also includes 2 site
walks for our engineer's to properly assess and document the limits of improvements needed.
Psomas shall prepare a base map based on the data provided by the City and results of research and
utility coordination discussed in task 2 below. The base map shall include, as a minimum, street
centerlines, right-of-way lines, sidewalks, curbs, gutters, pavement striping, all topographic features
such as streetlights, signs, and trees, 1 -foot contour lines, and all existing utility lines.
Task 2 — Plan Preparation (50%, 90% and 100% Design)
Utility Coordination — City staff will send out the first utility request and will forward the received
maps/atlas to Psomas. Psomas will identify all utilities within project limits on construction
drawings. Psomas will send out utility verification and/or relocation notices. Utility adjustments and
relocations will be shown on contract drawings. Psomas shall develop and maintain a utility log to
document correspondences with utility agencies within the project limits.
Upon completion of the pre -construction meeting the trenching contractor/superintendent/owner
will be responsible for following through as per this final pre -construction meeting of the designs
and communicating directly with each utility planner and/or inspector through final installation and
inspection of utility adjustments.
Prepare 50 ft Cross Sections - Street cross sections showing existing condition and proposed
improvements shall be provided at every 50 -feet interval. Existing condition survey data will be
provided by others at 25 ft intervals for analysis, taken on and based upon official City street
stationing (i.e. on stations 1+00, 1+25, 1+50, etc.).
Construction Plans — Construction drawings shall be at a scale of 1 inch = 20 feet. For clarity
purposes, details may be drawn at a larger scale. As a minimum, construction drawings shall include,
a Title Sheet, Typical Sections, Plan Sheets, Details, and Striping Plans. Drawings shall be prepared
in AutoCAD Civil 3D 2018 and shall comply with City CAD standards. Once design has been
completed, Psomas shall submit electronic files of each submittal and final drawings in both
AutoCAD and Adobe (PDF) format.
Special Provisions — Psomas shall prepare Special Provisions to the Standard Specifications for
Public Works Construction (2015 Edition) in Microsoft Word. An electronic copy in Microsoft Word
format shall be submitted at the completion of design. City staff will provide a Special Provision
boilerplate.
Cost Estimate — Psomas shall prepare an itemized cost estimate. Quantity back-ups shall also be
submitted with the cost estimate. Cost Estimate will be prepared in Microsoft Excel format. This
will be an Engineer's Estimate of Probable Cost and Contractor is responsible for preparing their
own construction cost estimate for their purposes. This Engineer's estimate is intended to assist the
City in evaluating Contractor bids.
Page 4
February 24, 2021
Lido Island Pavement Resurfacing
City of Newport Beach
Progress submittals and/or meetings will be required throughout the design process. Milestone
submittals include:
A. 50 Percent Design — Includes preliminary title sheet, base plan, and profile sheets,
sketches of details and sections, and preliminary quantities and cost estimates.
B. 90 Percent Design — Includes final plans, completed specifications, and final quantities
and cost estimates. All 50 percent design review comments shall be addressed at this time.
C. 100 Percent Final Design — Includes final plans, completed specifications, and final
quantities and cost estimates. All 90 percent design review comments shall be addressed at
this time.
Task 3 - Project Management, Coordination and Meetings
Psomas 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 four (4) meetings will be required
including an initial project kick-off meeting, and project submittal meetings at 50%, 90% and 100%
design submittals.
Psomas will provide project management and coordination between the City, Psomas and other
Project Consultants. Prepare meeting minutes, distribute progress documents, and review information
provided by other Consultants. Compile and coordinate submittal documents. Monitor and report on
project schedule, scope of work and budgets. Maintain communications with the City relating to
development of the project design, technical issues and decisions, and requests for information from
other Team Members or Agencies.
The following items are excluded in this proposal:
I. Plan check fees (will be the responsibility of the client).
II. Landscape, Lighting & Electrical Engineering Services
III. Utility Design Services (No relocations are anticipated)
IV. Engineering Support During Construction
V. Hydrology and Hydraulics Analysis
VI. Water Quality Management Plan
VII. Storm Water Pollution Prevention Plan
VIII. Survey or Mapping Services
PSOMAS
BREAKDOWNWORK
DESCRIPTIONPrincipal
City of Newport Beach
Lido Island Pavement Rehabilitation
Feberuary 24, 2021
PROFESSIONAL ; TECHNICAL CLASSIFICATIONS
Project Project
Manager Engineer Design Engineer
$235.00 $225.00 $170.00 $130.00
Project
Assistant
$100.00
O TAL MAN
HOURS
TOTAL
DOLLARS
1.0
Base Mapping
Research and Data Collection
8 16
8
32
$5,320
Prepare Base Map from Available Data
16
16
32
$4,800
Site Walks
4 8
12
$2,260
Sub-Total:
1 1 12 1 40
1 16 1
8 1
76
1 $12,380
2.1
50% Design
Utility Coordination
24
8
32
$4,880
Existing 50 ft Cross Sections (220 sections)
24
40
64
$9,280
50% Plans (15 shts) and Specs Preparation
16
60
76
$10,520
Preliminary Quantities
1
8
1
8
1 $1,040
QA/QC and Submittal Prep
8
8
16
$2,160
Sub-Total:
1 108
16
196
$27,880
2.2
90% Design
Respond to Comments
8
16
4
28
$3,840
Add Proposed Condition to 50' Cross Sections
40
24
64
$9,920
Prepare 90% Construction Plans and Specs
16
60
76
$10,520
Cost Estimate Update
8
8
$1,040
/QC and Submittal Prep
8
8
16
$2,160
P
Sub-Total:
72
1 108 1
12
192
$27,480
2.3
100% Design
Respond to Comments
8
8
2
18
$2,600
Prepare 100% Construction Plans and Specs
16
40
56
$7,920
Update Cost Estimate
4
4
$520
QA/QC and Submittal Prep
8
8
16
$2,160
Sub-Total:
32
1 1
94
$13,200
3.0
Project Management, Coordination and Meetings
Project Management and Coordination
40
24
64
$11,400
Meetings and Prep - 4 meetings
8 8
16
$3,160
(kickoff, 3 submittal mtgs and 4 design meetings)
Sub-Total:
80
$14,560
1 :
' II
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
CIVIL ENGINEERING SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 23rd day of
April, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and PSOMAS, a California
corporation ("Consultant"), whose address is 3 Hutton Center Drive, Suite 200, Santa
Ana, California 92707, and is made with reference to the following:
RECITALS
A. On July 18, 2016, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement") for Consultant to provide as -needed civil
engineering services on an on-call basis ("Project").
B. Since entering into the Agreement, Consultant was asked to perform a higher
volume of Work than was originally anticipated.
C. The parties desire to enter into this Amendment No. One to reflect these additional
Services or Work not anticipated in the Agreement, to extend the term of the
Agreement to June 30, 2021, to increase the total compensation and update the
Conflicts of Interest and Claims sections.
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, 2021, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Thousand
Dollars and 00/100 ($300,000.00), 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,
PSOMAS Page 1
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Eighty Thousand Dollars and 00/100 ($180,000.00).
3. CONFLICTS OF INTEREST
Section 25 shall be amended in its entirety and replaced with the following:
"25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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."
4. CLAIMS
Section 27 shall be amended in its entirety and replaced with the following:
"27.1 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.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.)."
PSOMAS Page 2
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]
PSOMAS Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal cor oration
Date: `t S Z-01 q Date:
l
4
By. By.
�0( .Aaron C. arp .� .� �� Diane B. Dixon
City Attorney Mayor
ATTEST: ,r
Date: ` /f 1; 2 . Iq
By: aut� 0j, ���
Leilani I. Brown
City Clerk
CONSULTANT: PSOMAS, a California
corporation
Date:
Signed in Counterpart
By:
Joseph Boyle
Vice President
[END OF SIGNATURES]
PSOMAS Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: Is 7,01
By: Q;�_ iA4041
pd:Aaron C. Harp Al)
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By.--
Diane
y:Diane B
Mayor
Dixon
CONSULTANT: PSOMAS, a California
corporation
Date. 4/11 14
By:
J se h Boyl
Vi e resident
[END OF SIGNATURES]
PSOMAS Page 4
q
r
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
CIVIL ENGINEERING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 18th day of July, 2016 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and PSOMAS, a California corporation ("Consultant'), whose
address is 3 Hutton Center Drive, Suite 200, Santa Ana, California 92707, 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 as needed civil engineering
services on an on-call basis ('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, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
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 and the Letter Proposal. 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 and the Letter
Proposal, 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 Letter Proposal
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 Twenty Thousand Dollars and 00/100 ($120,000.00), 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
PSOMAS Page 2
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal or
specifically approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
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 Joseph L. Boyle 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.
PSOMAS Page 3
r7 fj11&IZI*Ias].611-114k11:K
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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,
PSOMAS Page 4
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil 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.
PSOMAS Page 5
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
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 and the Letter Proposal. 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
PSOMAS Page 6
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
PSOMAS Page 7
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
PSOMAS Page 8
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Joseph L. Boyle
PSOMAS
3 Hutton Center Drive, Suite 200
Santa Ana, CA 92707
PSOMAS Page 9
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
If any of the Work contemplated under the agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing
rate of per diem wages including legal holidays and overtime Work for each craft or type
of workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the
Work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the agreement. A copy of said determination is available by calling
the prevailing wage hotline number (415) 703-4774, and requesting one from the
PSOMAS Page 10
Department of Industrial Relations. The Contractor is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site the
prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation
thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
PSOMAS Page 11
30.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
PSOMAS Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT R EY'S OFFICE
Date: 7 H 11 U
I
By:kA, Lv'
Aaron C. Harpa
City Attorney
ATTEST:
Date: 'AiE
miffl-l�
�, lil mall,
Ii i
City CI�r�
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: (d W l4
By:
Dave ff
City Manager
CONSULTANT: PSOMAS, a California
corporation
Signed in Counterpart
Joseph L. Boyle
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
PSOMAS Page 13
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: -1 liqUIV
-M
By:
Aaron C. HarpR
City Attorney
ATTEST:
Date:
A
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: PSOMAS, a California
corporation
Date: t2(2 (rr"
NO
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
PSOMAS Page 13
EXHIBIT A
SCOPE OF SERVICES
The following is a list of professional civil engineering services that may be required:
• Provide full plans, specifications, and estimates for a broad -range of civil
engineering disciplines.
• Provide cost estimating and value engineering services
• Provide bid support and preparation of record drawings
• Provide construction support, administration, and management services
• Provide project -specific professional surveying services
• Review public/private development plans and maps
• Provide regulatory permitting support
• Prepare various studies and supporting documentation, including hydrology and
hydraulic analysis, water and sewer studies and network analysis
• Prepare/review NPDES reports, Water Quality Management Plan (WQMP) and
Storm Water Pollution Prevention Plans (SWPPP)
• Prepare maps and legal descriptions for right-of-way acquisition and easements
• Other engineering -related tasks, as necessary
PSOMAS Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
CLASSIFICATION
Officer/Principal-In-Charge, Director
Senior Project Manager, Senior Biologist, QA/QC Manager
Project Manager, Cultural Resource Director
Senior Project Engineer, Senior Project Surveyor, Senior GIS Specialist
Project Engineer, Project Surveyor, GIS Specialist, Environmental Planner,
Photogrammetrist
Project Designer
CAD Designer/Technician/Graphic Artist
Project Assistant, Administrative Assistant
Survey Crew -1 Man
Survey Crew -2 Man
Field Supervisor
Resident Engineer
Construction Manager
Construction Inspector
Hourly rates include direct labor, overhead, fringe benefits and fee.
Reimbursable Expenses
RATES ($)
$200-$225
$180-$215
$150-$200
$160-$185
$120-$160
$125-$150
$80-$135
$65-$95
$185
$265
$140
$165
$150
$135
Mileage for field travel is charged at current IRS allowable rate and parking expenses
incurred by office employees are charged at cost. Prints, messenger service,
subsistence, air travel, and other direct expenses will be charged at cost plus ten
percent. The services of outside consultants will be charged at cost plus five percent.
PSOMAS Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
PSOMAS Page C-2
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
PSOMAS Page C-3
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
PSOMAS Page C-4
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
PSOMAS Page C-5
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/25/16 Dept./Contact Received From: Raymund
Date Completed: 8/25/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: PSOMAS—On Call
Type of contract:
All
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1116-4/1/17
A.
INSURANCE COMPANY: National Union Fire Ins Co
Is Company admitted in California?
B.
AM BEST RATING (A-: VII or greater): A• XV
C.
ADMITTED Company (Must be California Admitted):
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $11M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/164/1/17
A. INSURANCE COMPANY: National Union Fire Ins Co
B. AM BEST RATING (A-: VII or greater) A; XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE
A. INSURANCE COMPANY:
4/1/164/1/17
National Union Fire Ins Co
B. AM BEST RATING (A-: VII or greater): A; XV
C. ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
ACE American Ins Co - Eff 10/15/15-10/15/16 IMM/21M Rating A++: XV
Admitted ❑ 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:
8/25/16
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® 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 Date
* Subject to the terms of the contract.