HomeMy WebLinkAbout15 - Assessment District Nos. 116 and 116b and Underground Utilities District No. 22 Phase I - Award of ContractTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
April 9, 2019
Agenda Item No. 15
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Michael J. Sinacori, Acting City Engineer
msinacori@newportbeachca.gov
PHONE: 949-644-3342
TITLE: Assessment District Nos. 116 and 116b and Underground Utilities
District No. 22 Phase I — Award of Contract No. 7572-1 (19A11)
ABSTRACT:
Construction bids have been received for the Underground Utilities Assessment District
Nos. 116, 116b and Underground Utilities District No. 22 - Phase I project. Staff requests City
Council's approval to award the construction contract to Asplundh Construction Corp.
RECOMMENDATION:
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 2 Section 15302 (d) (conversion of overhead electrical utility distribution lines where
the surface is restored to the condition existing prior to the undergrounding) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it will not have an
adverse effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7572-1 to Asplundh Construction Corp. for the bid amount of
$3,813,399.61 for Underground Utility Assessment District Nos. 116, 116b and
Underground Utility District No. 22 - Phase I, and authorize the Mayor and City Clerk to
execute the contract;
d) Establish a $400,000 (approximately 10 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract;
e) Authorize the City Manager to execute reimbursement agreements with utility companies
for the Underground Utilities District No. 22 - Phase I portion of the project on forms
approved by the City Attorney;
f) Approve Professional Services Agreement with NV5 of Irvine, CA for a not -to -exceed fee
of $197,255 for Construction Administration and Residential Permit Support Services; and
g) Approve Budget Amendment No. 19BA-036 recognizing $2,122,732 in contribution revenue
funding from multiple utility companies and appropriate the same to the Contributions Fund
(Account No. 13501-980000-19A11); and appropriating $250,000 from the General Fund
unappropriated fund balance for City costs and related construction support services for
UUD No. 22 — Phase 1 (Account No. 01201928-980000-19A11).
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Assessment District Nos. 116 and 116b and Underground Utilities District No. 22 Phase I —
Award of Contract No. 7572-1 (19A11)
April 9, 2019
Page 2
FUNDING REQUIREMENTS:
This project is funded from the following sources:
Resident self -assessments via AD 116 totaling $1,505,528
Resident self -assessments via AD 116b totaling $ 607,395
Contributions from utility companies totaling $2,122,732
City General Fund $ 250,000
Total $4,485,655
The resident self -assessments were previously appropriated when AD's 116 and 116b were
approved by the residents and City Council. Residents have until April 30, 2019 to pay any
portion or all of their assessments. The balance of the assessments will be funded by an
assessment district bond sale in July secured by and paid for solely by the residents.
For the utility companies contributions, a budget amendment is proposed to adjust revenue
estimates by $2,122,732 to reflect contributions from various utility companies and $2,122,732
in increases expenditure appropriations for the utility companies' share of the project. The
Budget Amendment also appropriates $250,000 in increased expenditure funding from General
Fund unappropriated fund balance for City costs and related construction management
expenses.
Upon approval of the budget amendment, there is sufficient funding for this project. The
following funds will be expensed:
Account Description
Account Number
$
Amount
AD 116 Construction (1)
65902-941032
$
1,505,528
AD 116b Construction (1)
66102-941032
$
607,395
UUD-22 Balboa Boulevard
13501-980000-19A11
$
2,122,732
Const.(2)
01201928-980000-19A11
$
250,000
General Fund (3)
Total: $
4,485,655
Notes:
(1) Resident Funded (Assessment District)
(2) Utility Companies Funded
(3) City Funded
Staff recommends establishing approximately a ten (10) percent contingency for unforeseen
conditions associated with construction.
Proposed fund uses are as follows:
Vendor
Asplundh Construction Corp
Asplundh Construction Corp
NV5
Group Delta Geotechnical
Purpose
Construction Contract
Construction Contingency
Construction Administration
Geotechnical Services
$250,000 of City General Funds are required for this project to account for the City's share of
the construction administrative services and the cost of City requested survey services to be
completed in concert with this undergrounding project.
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Amount
$
3,813,400
$
400,000
$
197,255
$
75,000
Total: $
4,485,655
$250,000 of City General Funds are required for this project to account for the City's share of
the construction administrative services and the cost of City requested survey services to be
completed in concert with this undergrounding project.
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Assessment District Nos. 116 and 116b and Underground Utilities District No. 22 Phase I —
Award of Contract No. 7572-1 (19A11)
April 9, 2019
Page 3
DISCUSSION:
Underground Utility Assessment District 116 is the area bounded by 44th Street to 38th Street
and Balboa Boulevard to Rivo Alto Channel. Underground Utility Assessment District 116b is
on the east and west side of Balboa Boulevard between 47th and 45th. Both districts were
approved by the property owners on January 12, 2016 in anticipation of the Balboa Boulevard
Underground Utility District No. 22 approved by the City Council in November 2013.
The City expected construction for these districts to start in the fall of 2017. However, the
construction bids received by Southern California Edison (SCE) in January 2018 were much
higher than expected, higher than the property owners had approved funding for and higher
than the 20A funding SCE had available for the City to complete the Balboa Boulevard project.
Negotiations with SCE and their contractor failed, as costs were still over the available funding.
The City reviewed options with the City Council at their June 12, 2018 Council Meeting; the
City could have provided more funding to complete the project as bid or request that SCE
re -design the work to get closer to within budget. The City Council directed a re -design.
The City Council also requested that we manage the construction of the Balboa Boulevard 20A
project along with the adjacent AD -116 and AD -116b projects similar to how the City is currently
managing AD -117 in Corona del Mar.
During the re -design process this past year, SCE recommended splitting the Balboa Boulevard
project into two phases in an effort to expedite the work. Balboa Boulevard Phase 1 extends
between River Avenue and 36th streets and, along with the AD -116 and 116b re -designs, plans
were completed in late fall and staff advertised for bids before the New Year. The Balboa
Boulevard Phase 2 design efforts are on-going along with the Underground Assessment
District AD -111 area between 31 st and 23rd Streets on the east and west side of Balboa
Boulevard and should be complete this summer. Please note that due to significant
construction cost increases coupled with decreases in SCE 20A allocation credits over the past
several years, staff believes there will now be a 20A funding deficiency for the Balboa
Boulevard Undergrounding Phase 2 work. To try to address this anticipated funding gap, staff
is bringing forward a separate Council action to consider purchasing additional 20A credits to
make up the anticipated shortfall. The City Council has authorized other 20A credit purchases
six times in the past, with the largest being a purchase of $1,847,982 from the City of Garden
Grove in 2012. Purchase prices have ranged between $0.45 and $0.58 per 20A credit dollar.
At 10 a.m. on February 26, 2019, the City Clerk opened and read the following bids for this
project:
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BIDDER
TOTAL BID AMOUNT
Low
Asplundh Construction Corp.
$
3,813,399.61
2nd
E.E. Electrical Contractors, Inc.
$
3,931,455.00
3rd
Doty Bros. Equipment Company
$
4,089,117.00
4th
Teichiert Pipelines, Inc.
$
4,170,728.00
5th
W.A. Rasic Construction Company
$
4,600,751.00
6th
VCI Construction, LLC
$
5,030,138.00
7th
Arizona Pipeline Company
$
5,065,529.00
8th
Hot Line Construction, Inc.
$
5,403,850.00
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Assessment District Nos. 116 and 116b and Underground Utilities District No. 22 Phase I —
Award of Contract No. 7572-1 (19A11)
April 9, 2019
Page 4
The apparent low bidder for this project, Asplundh Construction Corp., submitted a bid 26.6%
above the Engineer's Estimate of $2,800,000. The disparity between the engineer's estimate
and the low bid appears to be due to a general increased cost of doing this type of work in
addition to high dewatering costs for this area of the city. The low bidder submitted all the
necessary forms and possesses a Classification "A" California State Contractors License as
required by the project specifications. A check of the contractor's references indicates
satisfactory completion of similar projects for the City of Newport Beach and other public
agencies. Asplundh is currently working on undergrounding utilities for Underground Utility
Assessment District No. 117 in Corona del Mar, which is scheduled for completion in May 2019.
Work necessary to complete this contract consists of trenching, installing conduit, vaults,
handholes, and pull boxes, removing existing overhead wiring, transformers and poles,
repaving and all other incidental items of work to complete work in place. The contractor will
have 220 working days to complete the work once given the notice to proceed. Construction
will be scheduled in phases to minimize impacts to residents and visitors. For example, the
contractor will be allowed to close alternating alleys to complete the work in a timely manner.
In addition, minimal lane closures will only be allowed on Balboa Boulevard between Memorial
Day and Labor Day to maintain summer traffic flow in the area. The anticipated construction
start date is mid-May 2019 and anticipated to take 10 months to complete.
In an effort to support continuity and the successful implementation of this project, NV5 will
provide Construction Administration Support Services. NV5 is currently working with Asplundh
on the AD 117 utility undergrounding project and has assembled the same team members for
this new project. NV5 and Asplundh are experienced and both understand the complex nature
of utility undergrounding construction work.
Additional undergrounding work along Balboa Boulevard will be completed for Verizon to
extend their small cell system and bring improved fiber optics service lines to the Peninsula.
Staff will work to closely coordinate all work so as to appear seamless to the General Public.
No work will begin on Underground Utilities District No. 22 — Phase 1 portions of the project
until all necessary 20A reimbursement agreements are in place from the utility companies.
Agreements will be processed through the City Manager, or her designee, on a form approved
by the City Attorney.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California Environmental
Quality Act (CEQA) pursuant to Class 2 Section 15302 (d) (conversion of overhead electrical
utility distribution lines where the surface is restored to the condition existing prior to the
undergrounding) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it will not have an adverse effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
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Assessment District Nos. 116 and 116b and Underground Utilities District No. 22 Phase I —
Award of Contract No. 7572-1 (19A11)
April 9, 2019
Page 5
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement with NV5
Attachment C — Budget Amendment
15-5
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UNDERGROUND UTILITY ASSESSMENT CITY OF NEWPORT BEACH
DISTRICTS NO. ]]§,]]§§AND UNDERGROUND
PUBLIC WORKS DEPARTMENT
UTILITY DISTRICT NO. 22— PHASE ]
LOCATION MAP C-7572-1 4/9/19 :
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ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH NV5, INC. FOR
CONSTRUCTION AND RESIDENTIAL SUPPORT SERVICES FOR
UNDERGROUND UTILITY ASSESSMENT DISTRICTS NO. 116 AND 1166, AND
UNDERGROUND UTILITY DISTRICT NO. 22A — PHASE 1
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 9th day of April, 2019 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
NV5, INC., a California corporation ("Consultant"), whose address is 9890 Irvine Center
Drive, Irvine, CA 92618, 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 professional construction
administration and residential support services for a utility undergrounding project
in Assessment Districts No. 116 and 116b, and Utility District No. 22a — Phase 1.
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2022, 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.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay_ The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Ninety
Seven Thousand Two Hundred Fifty Five Dollars and 001100 ($197,255.00), 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.
NV5, Inc. Page 2
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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 Jeffrey M. Cooper, PE 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.
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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
NV5, Inc. Page 3
15-9
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 from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
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 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 Consultant.
NV5, Inc. Page 4
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10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
10.2 Consultant agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall: work full-time for more than six (6)
months; work regular part-time service of at least an average of twenty (20) hours per
week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or
already be a CaIPERS member.
10.3 Consultant must submit to and pass a criminal background investigation by
providing a complete set of fingerprints to City prior to commencing or performing
Services or Work. Consultant is required to submit any fees for the criminal background
investigation according to the City's most current administrative fee schedule or
successor document. Fingerprints may be required to be updated every five (5) years.
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.
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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. 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.
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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 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly 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.
4i11�'AkIionlion [0]11QVCCI.-I
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
NV5, Inc. Page 7
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that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 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.
23.2 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.
24. NOTICES
24.1 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.
24.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jeffrey M. Cooper, PE
NV5, I nc.
9890 Irvine Center Drive
Irvine, CA 92618
NV5, Inc. Page 8
15-14
25. CLAIMS
25.1 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.).
25.2 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.).
26. TERMINATION
26.1 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.
26.2 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.
NV5, Inc. Page 9
15-15
27. PREVAILING WAGES
27.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant 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 Consultant 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.
27.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
NV5, Inc. Page 10
15-16
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
NV5, Inc. Page 11
15-17
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y' OFFICE
Date:
By:0 ya,P.�-
Fb{,
Aaron C. Harp^'
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT:
corporation
Date:
NV5, Inc., a California
By: By:
Leilani 1. Brown Jeffrey M. Cooper
City Clerk Director of Municipal Operations
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
NV5, Inc. Page 12
15-18
EXHIBIT A
SCOPE OF SERVICES
CONSTRUCTION AND RESIDENTIAL PERMIT SUPPORT SERVICES FOR
UNDERGROUND UTILITY ASSESSMENT DISTRICTS NO. 116 AND 116b, AND
UNDERGROUND UTILITY DISTRICT NO. 22a — PHASE 1
Consultant shall provide the following Services:
1. Coordinate and oversee all activities related to the construction of the Project
including residential permit support services, and maintain close liaison with the
City Project Administrator.
2. Serve as contact point for coordination with the Contractor designated by City to
perform the construction of the Project ("Contractor"), other agencies and utility
companies.
3. Provide Project status updates to City Project Administrator.
4. Review and monitor the Contractor's schedule through weekly construction
progress meetings.
5. Prepare daily inspection records and bi-weekly status reports.
6. Maintain an awareness of safety and health requirements and enforce applicable
contract provisions for the protection of the public and project personnel.
7. Maintain binders of job records, including photos.
8. Evaluate cost reduction incentive proposals and provide recommendations to
City Project Administrator.
NV5, Inc. Page A-1 15-19
CONSTRUCTION ADMINISTRATION AND RESIDENTIAL PERMIT
SUPPORT FOR UNDERGROUND UTILITY PROJECTS
AD -116, AD -11 fib and 22a Phase 1
TASK
Project Manager
Senior Inspector
Admin
TOTAL
NO.
WORK DESCRIPTION
$225
$150
$95
FEE
HOURS
$
HOURS
$
HOURS
$
1.0
Oversight of all Construction Related Activities
50
$11,250
220
$33,000
100
$9,500
$53,750
including Residential Permit Support
2.0
Point of Contact for Contractor, City, Utility
20
$4,500
124
$18,600
$0
$23,100
Companies, etc.
3.0
Project Status Updates
0
$0
100
$15,000
16
$1,520
$16,520
4.0
Schedule Review
0
$0
100
$15,000
16
$1,520
$16,520
5.0
Project Inspection (documented through daily
30
$6,750
120
$18,000
$0
$24,750
reports and bi-weekly status reports)
6.0
Enforce Contract Provisions/Manage health
10
$2,250
100
$15,000
$0
$17,250
and safety requirements
7,0
Detailed project records, including photos
10
$2,250
124
$18,600
16
$1,520
$22,370
8.0
Evaluate cost reduction incentives
10
$2,250
100
$15,000
$0
$17,250
Subtotal
130
$29,250
988
$148,200
148
$14,060
$191,510
Miscellaneous Expenses at 3%
$5,745
TOTALFEE
$197,255
The City anticipates construction to begin April 2019. Services will be provided over the course of two hundred and twenty (220)
working days construction contract.
15-20
Project Manager
Senior Inspector
Project Administrator
Hourly Rates
$150
$95
REIMBURSABLE COSTS
Reproductions; deliveries; travel; facsimiles; models, renderings and photos; Mylars; and CDs,
not included in scope of work.
• All reimbursable costs shall be billed at cost plus 15%
• Mileage shall be billed at $0.555 / mile (office staff only)
15-21
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
Agreement, including coverage for any owned, hired, non -owned or rented
NV5, Inc. Page C-1 15-22
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
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:
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
NV5, Inc. Page C-2 15-23
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this 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.
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.
NV5, Inc. Page C-3 15-24
ATTACHMENT C
City of Newport Beach NO. BA- 19BA-036
BUDGET AMENDMENT
2018-19 AMOUNT:j $2,372,732.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates
X Increase Expenditure Appropriations
X Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To appropriate increased expenditure funding for Assessment District 116 and 116B from unnappropriated fund balance.
Funds to be transferred from General Fund unnappropriated fund balance into CIP unnappropriated fund balance.
To receive additional revenue from various utility companies and increase expenditure funding within the Contribution fund.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object
010 300000
REVENUE ESTIMATES
Org Object Project
13501 561007 19A11
01299 691010
EXPENDITURE APPROPRIATIONS
Ong
Increase in Budgetary Fund Balance
ANDX
Decrease in Budgetary Fund Balance
01099
No effect on Budgetary Fund Balance
ONE-TIME?
M
Yes
No
This budget amendment is requested to provide for the following:
To appropriate increased expenditure funding for Assessment District 116 and 116B from unnappropriated fund balance.
Funds to be transferred from General Fund unnappropriated fund balance into CIP unnappropriated fund balance.
To receive additional revenue from various utility companies and increase expenditure funding within the Contribution fund.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object
010 300000
REVENUE ESTIMATES
Org Object Project
13501 561007 19A11
01299 691010
EXPENDITURE APPROPRIATIONS
Ong
Object
13501
980000
01099
991012
01201928
980000
Signed:
Signed
Description
General Fund - Fund Balance
Description
20A Contribution - UU District 22 Phase I
Transfer in General Fund
Project Description
19A11 CIP Contribution - UU District 22 Phase I
Transfer Out to CIP Fund
19A11 CIP - Misc & Studies UU District 22 Phase I
Approval: Finance Director
City Council Approval: City Clerk
Amount
Debit Credit
$250,000.00 "
$2,122,732.00
$250,000.00
* Automatic
$2,122,732.00
$250,000.00
$250,000.00
3Z6�
Date
Date
15-25