HomeMy WebLinkAboutC-6121 - PSA for MacArthur Boulevard Slope Landscaping Project Engineering & Design ServicesAMENDMENT NO. TWO TO
t PROFESSIONAL SERVICES AGREEMENT
CJ WITH DAVID EVANS AND ASSOCIATES INC. FOR
MACARTHUR BLVD SLOPE LANDSCAPING PROJECT —
ENGINEERING AND DESIGN SERVICES
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 3rd day of October, 2017
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and DAVID EVANS AND ASSOCIATES
INC., an Oregon corporation ("Consultant'), whose address is 17782 17th Street, Suite
200, Tustin, California 92780, and is made with reference to the following:
RECITALS
A. On April 27, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement') to provide engineering, design, and survey services for
the MacArthur Boulevard Slope Landscaping Project ("Project').
B. On November 21, 2016, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, to extend the term of the Agreement, to update the
City's "Hold Harmless' language, and to increase the total compensation.
C. The parties desire to enter into this Amendment No. Two 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, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to this 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.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services' or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One,
and Exhibit B to this Amendment No. Two shall collectively be known as "Exhibit B."
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 Fifty Thousand Six
Hundred Sixty Dollars and 00/100 ($50,660.00), 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 Four
Thousand Three Hundred Dollars and 00/100 ($4,300.00).
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]
David Evans and Associates Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 0.o�
By:
Aaron C. Harp
City Attorney
ATTEST:
I�Date: '
c
By:
�6ffip�'-
Lellani I. Brow
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
n'ro• Iii- iSr_l`7
M
Public Works Director
CONSULTANT: David Evans and
Associates Inc., an Oregon corporation
Date:
Signed in Counterpo;
By:
Mark Miner
Vice President
Date:
Signed in Counterpart
By:
Marcus McGarity
Vice President/ Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
David Evans and Associates Inc.
Page 3
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: 10 o2 /17
By:
Aaron C. Harp
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
David A. Webb
Public Works Director
ATTEST: CONSULTANT: David Evans and
Date: Associates I c., n Oregon corporation
Date: L�
By: By:
Leilani I. Brown M rk Miner
City Clerk Vice President
Date: Wto(uil
By: CaAA15U
Marcus McGa it
Vice President ( Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
David Evans and Associates Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Consultant agrees to perform and furnish the following additional services to the
existing scope:
(Note: The numbers in parenthesis, e.g., (070) refer to David Evans and Associates
internal service codes.)
PART ONE — PROJECT MANAGEMENT
1. Attend City/Consultant Meetings (101). These services are based on a maximum
of twenty (20) person -hours of meetings, phone calls, addressing City comments
and processing of plans and specifications in addition to those in the Agreement
and Amendment No. One. Additional hours will be invoiced as "Additional
Services."
David Evans and Associates Inc. Page A-1
L:/:V I1 =l
SCHEDULE OF BILLING RATES
City agrees to compensate Consultant for those Services specified in the Scope
of Services, on an hourly basis in accordance with the hourly rates as specified in the
Agreement.
PART ONE — PROJECT MANAGEMENT: $ 4,000.00
Reimbursable Expense — Budget $ 300.00 (For mylars)
ADDITIONAL TOTAL FEE = $4,300.00
David Evans and Associates Inc. Page B-1
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH DAVID EVANS AND ASSOCIATES, INC. FOR
V MACARTHUR BOULEVARD SLOPE LANDSCAPING
PROJECT — ENGINEERING AND DESIGN SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 21st day of November,
2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City'), and DAVID EVANS AND ASSOCIATES,
INC., an Oregon Corporation ("Consultant'), whose address is 17782 17th Street, Suite
200, Tustin, CA 92870, and is made with reference to the following:
RECITALS
A. On April 27, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement') to provide engineering, design and survey services for
the Macarthur Boulevard Slope Landscaping Project ("Project').
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to June 30, 2018, to update City's Hold Harmless language 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, 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, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services' or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No.
One shall collectively be known as "Exhibit B."
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 Forty Six
Thousand Three Hundred Sixty Dollars and 001100 ($46,360.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
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
Eleven Thousand Seven Hundred Dollars and 001100 ($11,700.00).
4. HOLD HARMLESS
Section 9 of the Agreement is amended in its entirety and replaced with the
following:
119.1 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"), and which 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."
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]
David Evans and Associates, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 11
By: � l ,
Aaron C. Harp as
City Attorney
ATTEST:
Date: tC• ��
By Aoti 4.
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: /1 l Sl -I ,�,
David A. ebb
Public Works Director
CONSULTANT: David Evans and
Associates, Inc., an Oregon Corporation
Date:
Signed in Counterpart
Bv:
Yazdan Emrani
Senior Vice President
Date:
Signed in Counterpart
0
John Hogan
Assistant Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
David Evans and Associates, Inc. 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 ATTORNEY'S OFFICE
Date: I 1 1 V
CITY OF NEWPORT BEACH,
a California municipal corporation
By: � " V� L-- By:
Aaron C. Harps David A. Webb
City Attorney Public Works Director
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CONSULTANT: David Evans and
Associates, Inc., an Oregon Corporation
Date:
By.
Ya m- "", ikt21L
Senior Vice President
Date: 1 t //t S- �i
J ��
Jo n Hogan
A istant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
David Evans and Associates, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
David Evans and Associates, Inc. Page A-1
EXHIBIT "A"
SCOPE OF SERVICES
Consultant agrees to perform and furnish the following additional services to the existing scope:
(Note: The numbers in parenthesis, e.g., (070) refer to David Evans and Associates internal service
codes.)
PART ONE — PROJECT MANAGEMENT
Attend Client/Consultant Meetings (101). This Agreement based on a
maximum of eight (8) man-hours of Meetings. Additional hours will be invoiced
as "Additional Services".
2. Perform Project / Client Management (105). This Agreement based on a
maximum of eight (8) man-hours of coordination time with Landscape Architect.
Additional hours will be invoiced as "Additional Services".
PART TWO — PROCESSING & RESEARCH
Provide Landscape Plan Processing (152) with the City of Newport Beach to
be deemed technically correct.
This Agreement is based on a maximum of twelve (12) man-hours of
processing. Additional hours will be invoiced as "additional services."
PART THREE — PRELIMINARY DESIGN
Develop Additional CAD base sheet (Drawn @ 1'=40') for master valve and
communication cable conduit exhibit from existing controllers, POC `U' to the
central control system located in Bonita Canyon park restrooms.
PART FIVE — CONSTRUCTION DOCUMENTS
A. Additional Construction Documents
1. Review site with City Staff and confirm existing conditions.
2. Develop CAD base sheet provided by Civil (Drawn @ 1'=40') for master valve
and communication cable conduit exhibit from existing controllers, POC `U' to
the central control system located in Bonita Canyon park restrooms.
3. Provide notes and specifications for central control conversion.
4. Prepare estimate of probable construction cost.
5. Engineering services including Structural, Mechanical/Plumbing, and Electrical
is excluded
PART SEVEN — BID PHASE/CONSTRUCTION PHASE
B. Additional Contract Administration
BGB shall provide verbal consultation and assistance and written responses to RFI's
requesting clarifications and interpretations of the Construction Documents.
2. Site visits during or after landscape installation will be provided at standard hourly
rates, upon Client request. Number of site visits to monitor and/or certify landscape
installation will depend upon Client / Agency requirements. Estimated time per site
visit: 2 hours x $150 / hr.= $300.00. Refer to fee schedule for project allowance.
As -Built Plan preparation. Upon release of the Redlined Contractor field sets, BGB
shall prepare final CAD drafted as -built drawings and coordinate with the Contactor
through the City Engineer to prepare final Controller charts.
EXHIBIT B
SCHEDULE OF BILLING RATES
David Evans and Associates, Inc. Page B-1
EXHIBIT B
ADDITIONAL FEES
City agrees to compensate Consultant for those services specified in the Scope of Services, for
a fixed fee in the amount of $11,400, as follows:
Part Three - Preliminary Design $ 2,500.00
Part Five - Construction Documents $2,700.00
Subtotal = $5,200.00
City agrees to compensate Consultant for those services specified in the Scope of Services, on
an hourly basis in accordance with the Hourly Rates.
Part One —
Project Management
$ 3,000.00
Part Two —
Processine & Research
$ 2.300.00
Part Seven
— Bid Phase/Construction
900.00
Subtotal = $6,200.00
ADDITIONAL TOTAL FEE = $11,400.00
Reimbursable Expense (as noted below) — Budget $ 300.00
i
v
PROFESSIONAL SERVICES AGREEMENT
WITH DAVID EVANS AND ASSOCIATES, INC. FOR
MACARTHUR BOULEVARD SLOPE LANDSCAPING
PROJECT — ENGINEERING & DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and
entered into as of this 27th day of April, 2015 ( "Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City "), and DAVID EVANS AND ASSOCIATES, INC., an Oregon Corporation (also
doing business as Hall & Foreman, a division of David Evans and Associates, Inc.)
( "Consultant'), whose address is 17782 17th Street, Suite 200, Tustin, California 92870,
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, design and survey
services for the Macarthur Boulevard Slope Landscaping Project ( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall be a fixed fee of Thirty
Four Thousand Six Hundred Sixty Dollars and 001100 ($34,660.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
David Evans and Associates, Inc. Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Mark S. Reader 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
David Evans and Associates, Inc. Page 3
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by other reasonable
professionals 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 to
the extent related (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
City's sole negligence, its active negligence or its 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.
David Evans and Associates, Inc. Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
David Evans and Associates, Inc. Page 5
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint- venture or syndicate or co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint- venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, 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.
David Evans and Associates, Inc. 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. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
W6191ZIJIDI=U 1111 /_11111 I'1
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 except,
however, the Consultant may disclose information if required by law, rule, regulation,
court order, subpoena or governmental investigation except, however, the Consultant
may disclose information if required by law, rule, regulation, court order, subpoena or
governmental investigation.
David Evans and Associates, Inc. Page 7
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, excluding
betterment damages shall be borne by Consultant. Nothing in this Section is intended
to limit City's rights under the law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
David Evans and Associates, Inc. Page 8
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: Mark S. Reader
David Evans and Associates, Inc.
17882 17th Street, Suite 200
Tustin, CA 92780 -1947
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
David Evans and Associates, Inc. Page 9
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
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.
David Evans and Associates, Inc. Page 10
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.
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 Egual Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
David Evans and Associates, Inc. Page 11
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
David Evans and Associates, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN 'S OFFICE
Date:
By:
Aaron C. HarpV 13
City Attorney AV,-
ATTEST: 6 IF, 16- Date:
Leilani 1. •wl
City Clerk
'ALI Fo
CITY OF NEWPORT BEACH,
a Califor is municipal corporation
Date: -L`
By:
David A. Webb
Public Works Director
CONSULTANT: David Evans and
Associates, Inc., an Oregon Corporation
Date: AOC: 12?* 2-- � 5
By:
Yazdan Emrani
Senior Vice President
Date:&1; 111, Zo 1-5
By: �.
ohn Hogan
Assis ant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
David Evans and Associates, Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES
Consultant agrees to perform and furnish the following services:
(Note: The numbers in parenthesis, e.g., (070) refer to David Evans and Associates,
Inc. internal service codes.)
PART ONE — PROJECT MANAGEMENT
1. Attend City /Consultant Meetings (101), as requested. This Agreement
based on a maximum of sixteen (16) man -hours of meetings. Additional
hours will be invoiced as "Additional Services ".
2. Perform Project / Client Management (105). This Agreement based on
a maximum of sixteen (16) man -hours of coordination time with
Landscape Architect and Surveyor. Additional hours will be invoiced as
"Additional Services".
PART TWO — PROCESSING & RESEARCH
1. Processing, such as:
Provide Lot Line Adjustment Processing (152) with the County of
Orange to be deemed technically correct.
This Agreement is based on a maximum of eight (8) man -hours of
processing. Additional hours will be invoiced as "additional services."
2. Perform Survey Research (159) to obtain records of surveys and tract
maps of project area.
PART THREE — PRELIMINARY DESIGN
Consultant will retain the services of Borthwick Guy Bettenhausen, Inc. ( "BGB "), who
will perform the following services:
1. Meet with City staff and maintenance personnel to discuss intent and
goals; i.e. type of landscape desired, preferred method of irrigation, the
project budget, establish the time -line, and to communicate an
understanding of consultant's needs, roles and protocol.
2. Develop CAD base sheet provided by Civil (Drawn @ 1 " =20') and prepare
Design Development Plan based upon City maintenance staff input.
Generally, the limit of work shall be from the northerly landscaped edge of
the church side, starting at the exposed cut slope and terminate at the Big
Canyon Golf Course maintenance access drive apron.
David Evans and Associates, Inc. Page A -1
a. Review Design Development Plan with City staff and update
accordingly.
b. It is understood that the City will coordinate preferred water and
power locations and plans will be developed accordingly.
PART FOUR — DESIGN SURVEY
1. Perform Boundary Survey based on City - supplied title report. Prepare a
Boundary Map (258) at a scale of 1"= 20' for use in the preparation of the
Lot Line Adjustment described in this Scope of Services.
2. Perform Field Topographic Survey and provide a Topographic Survey
(260) at a scale of 1 "= 20' and a contour interval of 1'.
3. Prepare Boundary Analysis /Exhibit (262).
PART FIVE — CONSTRUCTION DOCUMENTS
1. Upon approval to proceed, BGB shall prepare final Construction
Documents drawings at a minimum scale of 1" = 20' -0" (3 sheets double
stacked). Plans shall comply with Water Efficient Landscape Ordinance
(Municipal Code: Chapter 14.17).
a. Planting Plan and Details.
b. Irrigation Plan, Details and Water Conservation Calculations /
landscape documentation
c. Agronomy testing for Landscape Documentation Package
d. Prepare estimate of probable construction cost.
e. Landscape Specifications including Bid Proposal Form. Latest
Special Provision template shall be provided by City.
PART SIX — FINAL MAPPING
1. Prepare Lot Line Adjustment (458) for on -site (or off -site) needs as
required by local agencies.
PART SEVEN — BID PHASE /CONSTRUCTION PHASE
Contract Administration
1. BGB shall provide verbal consultation and assistance and written
responses to RFI's requesting clarifications and interpretations of the
Construction Documents.
2. Site visits during or after landscape installation will be provided at
standard hourly rates, upon City request. Number of site visits to monitor
David Evans and Associates, Inc. Page A -2
and /or certify landscape installation will depend upon City / Agency
requirements. Estimated time per site visit: 2 hours x $150 / Hr. _ $300.00.
3. As -Built Plan preparation. Upon release of the Redlined Contractor field
sets, BGB shall prepare final CAD drafted as -built drawings and
coordinate with the Contactor through the City Engineer to prepare final
Controller charts.
4. Provide Bid Documents /Addendums (702) as requested by City. This
portion of the Agreement is based upon an estimate of eight (8) man -
hours of service including coordination with City and other consultants,
review and addenda preparation. Additional hours will be invoiced in
accordance with the Hourly Rates.
DATA & ASSUMPTIONS
1. The Scope of Services does not include the layout or design of the site "dry"
utilities, i.e., electrical service, lighting, telephone service, cable TV service
and natural gas service.
2. Any work resulting from changes to current standards, ordinances, and/or
governing agency personnel after the date of the Agreement which materially
impact the design or processing of this project or which results in redesign or
material changes in the design shall be performed as "Additional Service ",
and be subject to negotiation.
3. The fees contained in the Agreement do not include title company fees,
agency fees, environmental studies, subordination agreements, relocation of
franchise utilities, design of on -site franchise utilities, traffic impact studies,
traffic signal design, or any processing fees.
4. The Scope of Services does not include the following items, which if required,
will be performed as "Additional Services" and subject to negotiation:
a. Preparation of Haul Route Plan for import/export of soil.
b. Plans and calculations for retaining walls.
c. Traffic Control Plans.
CADD PRODUCTS
Products produced on CADD and provided to the City or Agents of City on electronic
media are for support purposes only. Signed and sealed copies of original maps and
plans shall be considered the "record" documents.
Any use or reuse of original or altered CADD design materials by City, agents of City, or
other parties without the prior review and written approval of Consultant shall be at the
sole risk of City. Further, City agrees to defend, indemnify, and hold Consultant
harmless from all claims, injuries, damages, losses, expenses, and attorney's fees
arising out of the unauthorized use, re -use, or modification of these materials.
City recognizes that designs, plans, and data stored on electronic media including, but
not limited to, computer disks, or magnetic tapes and compact disks, may be subject to
unauthorized use, misuse and uncontrollable deterioration. Upon document approval,
Consultant shall submit to City any deliverables which have been contractually agreed
David Evans and Associates, Inc. Page A -3
to on electronic media. City shall have thirty (30) days to inspect such deliverables and
notify Consultant of any irregularities in the deliverables. Consultant will correct any
such irregularities detected by City in order to complete the design in accordance with
the intent of the Agreement and specifications. At the end of said thirty (30) -day
inspection period, Consultant shall submit a final set of sealed documents, and any
additional services to be performed by Consultant relative to the submitted electronic
materials shall be considered Additional Work, and shall be approved by City prior to
commencing such effort.
CADD submittals to or on behalf of City will be prepared using AutoCAD /Land
Development Desktop formats on a Windows environment, and shall be considered
within the Scope of Services of the Agreement.
Submittals in other formats and /or other computer environments, and the work -effort
related thereto, shall be considered Additional Work, and shall be approved by City prior
to commencing such effort.
David Evans and Associates, Inc. Page A -4
EXHIBIT B
SCHEDULE OF BILLING RATES
City agrees to compensate Consultant for those services specified in the Scope of
Services, for a fixed fee in the amount of $34,360.00, as follows:
Part Three - Preliminary Design $ 3,500.00
Part Four — Design Survey $ 8,200.00
Part Five - Construction Documents $ 7,300.00
Part Six — Final Mapping $ 3,980.00
City agrees to compensate Consultant for those services specified in the Scope of
Services, on an hourly basis in accordance with the Hourly Rates.
Part One — Project Management $ 6,080.00
Part Two — Processing & Research $ 1,200.00
Part Seven — Bid Phase /Construction Phase $ 4,100.00
TOTAL FEE _ $34,360.00
Reimbursable Expense (as noted below) — Budget $ 300.00
The amounts listed for each Part One through Seven are only estimates. The
Consultant is limited only by the total fee amounts and not the fess estimates for any
one Part.
HOURLY RATES
Effective November 1, 2014
OFFICE:
Principal $215.00 /Hour
Project Management (VP /Sr. Proj. Dir. /Proj. Dir. /Prof. & Survey Mgr) $190.00 /Hour
Senior Engr. /Proj. Eng. /Proj. Surveyor /Sr. Designer /Principal Planner $154.00 /Hour
GIS Programmer $140.00 /Hour
Staff Engineer $129.00 11-lour
Designer /Assist. Proj. Mgr /Planner /Survey Analyst $119.00 /Hour
Assistant Engineer $106.00 /Hour
GIS Analyst $110.00 11-lour
Project Assistant/Expeditor $ 90.00 /Hour
Administrative $ 72.00 /Hour
EXPERT WITNESS:
Preparation for Depositions /Court Appearances $255.00 /Hour
Depositions /Court Appearances $450.00 /Hour
FIELD SURVEY:
(Prevailing Wage Rates available upon request)
1- Person Survey Crew $160.00 /Hour
2- Person Survey Crew $235.00 /Hour
3- Person Survey Crew $258.00 /Hour
David Evans and Associates, Inc. Page B -1
2- Person High Definition Survey Crew $250.00 /Hour
CONSTRUCTION:
Project Manager $190.00 /Hour
Resident Engineer $148.00 11-lour
Inspector $123.00 /Hour
David Evans and Associates, Inc. Page B -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 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.
David Evans and Associates, Inc. Page C -1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, and automobile liability, if required, but not including
pollution liability, workers compensation and 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. General liability and Automobile liability
coverage shall apply on a primary basis and shall not require contribution
from any insurance or self - insurance maintained by City. Consultant
hereby waives its own right of recovery against City, and shall require
similar written express waivers from each of its subconsultants.
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
David Evans and Associates, Inc. Page C -2
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to reasonably change the amounts and
types of insurance required by giving Consultant sixty (60) calendar days
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
David Evans and Associates, Inc. Page C -3
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.
David Evans and Associates, Inc. Page C -4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.'
Date Received: 4/29/15 Dept. /Contact Received From: Raymund
Date Completed: 515115 Sent to: Raymund By: Chris/Alicia
Company /Person required to have certificate: David Evans and Associates, Inc.
Type of contract:
Public
I. GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 12/1/14 to 12/1/15
A. INSURANCE COMPANY: Zurich American Insurance Company
B. AM BEST RATING (A-: VII or greater): A +; XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
GL $1M/$2M
D.
LIMITS (Must be $1 M or greater): What is limit provided?
PL $1M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
N 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)
N 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?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 12/1/14 to 12/1115
A.
INSURANCE COMPANY: Zurich American Insurance Company
B.
AM BEST RATING (A-: VII or greater) A +; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?)
N/A
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
❑ NIA N Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ NIA N Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 12/1/14 to 12/1115
A. INSURANCE COMPANY: Zurich American Insurance Company
B. AM BEST RATING (A -: VII or greater): A +; XV
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ ^'c
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?
e5/5/15
Agent of Alliant Insurance Services
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:
Professional Liability Effective 1211114 to 1211115 — Lloyds of London —AM Best Rating: A; XV
Approved:
Risk Management
* Subject to the terms of the contract.