HomeMy WebLinkAbout09 - Concrete Alley and Street Replacement (65802 & 20R07) — Approval of AgreementQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
February 25, 2020
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov
PHONE: 949-644-3315
TITLE: Concrete Alley and Street Replacement (65802 & 20R07) — Approval
of Professional Services Agreement with DMS Consultants Civil
Engineers, Inc., Contract No. 7753-1
ABSTRACT:
Staff issued a Request for Proposal (RFP) for engineering services to prepare
construction documents for the replacement of concrete alleys and streets at portions of
West Newport, Corona del Mar and Balboa Peninsula that have been impacted by recent
utility related projects. Staff is requesting City Council's approval to enter into a
Professional Services Agreement with DMS Consultants Civil Engineers, Inc. to prepare
the necessary construction documents.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve a Professional Services Agreement with DMS Consultants Civil Engineers,
Inc. of Garden Grove, CA, for the Concrete Alley and Street Replacement project at a
not -to -exceed price of $177,630.00, and authorize the Mayor and City Clerk to execute
the Agreement; and
c) Approve Budget Amendment No. 20-035 appropriating $100,000 from the Water
Capital Reserve Fund Balance to Water Capital Distribution and Piping Account
No. 70201931-980000-20R07.
FUNDING REQUIREMENTS:
The current Capital Improvement Program budget includes $77,630 in the Utilities
Undergrounding Assessment District No. 117 (Corona del Mar) Account No. 65802-
941003 for the award of this contract. The Budget Amendment appropriates an additional
$100,000 from the Water Capital Reserve Fund Balance to Water Capital Distribution and
Piping Account No. 70201931-980000-20R07.
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Concrete Alley and Street Replacement (65802 & 20R07) — Approval of Professional
Services Agreement with DMS Consultants Civil Engineers, Inc., Contract No. 7753-1
February 25, 2020
Page 2
Upon approval of the proposed budget amendment, sufficient funding is available for the
award of this contract. The consultant's proposed not -to -exceed fee for this service is
$177,630.00.
DISCUSSION:
On February 28, 2017, City Council awarded a construction contract to Paulus
Engineering, Inc. for the Lido Village and West Newport Water Main Replacement project.
This project included trenching and replacement of older cast iron water mains as
identified in the Water Master Plan in and around Lido Village and West Newport. City
Council accepted the completed work and authorized the City Clerk to file a Notice of
Completion on May 28, 2019.
On June 26, 2018, City Council awarded a construction contract to Asplundh Construction
Corp. for the Utilities Undergrounding Assessment District No. 117 (AD 117) project.
AD 117 is the area bounded by Bayside Drive, Avocado Avenue, East Coast Highway,
and Carnation Avenue in Corona del Mar. This project included trenching, installing
conduit, vaults, hand holes, and pull boxes, temporary repaving and other incidental items
of work to complete the utility undergrounding. City staff anticipates seeking City Council
approval for completion of this contract in early 2020.
Now that both of the above projects have been completed, the impacted concrete alleys
and streets need to be restored. Concrete pavement contractors require a different skill
set and expertise as compared to water pipeline and utility undergrounding contractors.
In order to assure a high quality of workmanship, efficient and cost effective concrete
pavement reconstruction, staff has planned to administer a separate contract to complete
this final restoration effort. Upon approval of the Professional Services Agreement with
DMS Consultants Civil Engineers, construction documents for the pavement
reconstruction efforts will be completed and a separate construction contract will then be
administered. Funding for construction will be included in the proposed FY 2020-21
Capital Improvement Program budget.
Staff recently requested proposals from four consulting firms to provide professional
engineering services for the Concrete Alley and Street Replacement project. Two
proposals were received and reviewed by a three-person technical panel. The scoring
for the proposals is as follows:
PROPOSER
TOTAL SCORE
OVERALL RANK
DMS Consultants Civil
Engineers, Inc.
91.3
1
Walden & Associates
86.3
2
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Concrete Alley and Street Replacement (65802 & 20R07) — Approval of Professional
Services Agreement with DMS Consultants Civil Engineers, Inc., Contract No. 7753-1
February 25, 2020
Page 3
DMS Consultants Civil Engineers, Inc. demonstrated that they have the expertise and
experience needed to complete construction documents for alley and street pavement
reconstruction projects. In addition, DMS Consultants Civil Engineers, Inc. has
successfully completed similar projects for other local agencies as well as for the City of
Newport Beach. Therefore, staff recommends approving a Professional Services
Agreement with DMS Consultants Civil Engineers, Inc. to complete the final design efforts
for the Concrete Alley and Street Replacement project.
In accordance with Council Policy F-14, City Council must approve professional services
contracts with any company that employs former city employees who have left the City
within the last five years. DMS Consultants Civil Engineers currently employs Mr. Fong
Tse, who served as an Assistant City Engineer in the Public Works Department up until
May 9, 2019. Mr. Tse was not identified on the project team and will not be involved with
this project.
The proposed Scope of Work includes removing the existing alley and street pavement,
constructing new concrete alleys and streets, reconstructing deteriorated concrete alley
approaches, adjusting utilities to grade, installing street signs and pavement striping, and
performing other appurtenant and incidental items of work. Construction is tentatively
planned for fall of 2020.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
Attachment C — Budget Amendment
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WEST NEWPORT WATER MAIN AREA
NOT TO SCALE
ASSESSMENT DISTRICT 117 ALLEYS
NOT TO SCALE
CONCRETE ALLEY AND STREET
REPLACEMENT
LOCATION MAP
Attachment A
EAST OCEANFRONT ALLEY
NOT TO SCALE
LIMITS OF WORK
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7753-1 2/25/2020
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH DMS CONSULTANTS CIVIL ENGINEERS, INC. FOR
CONCRETE ALLEY AND STREET REPLACEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 25th day of February, 2020 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and DMS CONSULTANTS CIVIL ENGINEERS, INC., a California corporation
("Consultant"), whose address is 12371 Lewis Street, Suite 203, Garden Grove, CA
92840, 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 services to prepare the
design, plans, specifications and construction documents for the replacement of
concrete alleys and streets affected by the Lido Village and West Newport Water
Main Replacement project and the Underground Utility Assessment District No.
117 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 December 30, 2022, unless terminated earlier as set forth herein.
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 Seventy
Seven Thousand Six Hundred Thirty Dollars and 00/100 ($177,630.00), 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.
DMS Consultants Civil Engineers, 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 Surender Dewan, P.E. 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 community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
DMS Consultants Civil Engineers, Inc. Page 3
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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 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.
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
DMS Consultants Civil Engineers, Inc. Page 4
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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 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.
DMS Consultants Civil Engineers, Inc. Page 5
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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.
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
DMS Consultants Civil Engineers, Inc. Page 6 9.10
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.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
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inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seg., 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.
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
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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: 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: Surender Dewan
DMS Consultants Civil Engineers, Inc.
12371 Lewis Street, Suite 203
Garden Grove, CA 92840
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
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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
29.1 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.
29.2 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.
DMS Consultants Civil Engineers, Inc. Page 10
9-14
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 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,
DMS Consultants Civil Engineers, Inc. Page 11
9-15
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
DMS Consultants Civil Engineers, Inc. Page 12
9-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S YFFICE
Date: Z f 2
By:
F.o�: Aaron C. Harp �
City Attorney aa`
ATTEST:
Date:
Is
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT:
Engineers, Inc., a
Date:
By:
DMS Consultants Civil
California corporation
Surender Dewan
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
DMS Consultants Civil Engineers, Inc. Page 13 9.17
EXHIBIT
SCOPE OF SERVICES
DMS Consultants Civil Engineers, Inc. Page A-1 9.18
EXHIBIT A
SCOPE OF SERVICES
ENGINEERING SERVICES FOR
CONCRETE ALLEY AND STREET REPLACEMENT PROJECT
PROJECT DESCRIPTION
Consultant shall provide civil engineering design services for the development of construction
documents for roadway improvements for the Concrete Alley and Street Replacement project.
The proposed project is located on the Balboa Peninsula and in Corona Del Mar, south of East
Coast Highway, in the City of Newport Beach.
The project limits are:
Balboa Peninsula
■ Intersection of Lake Avenue with 38th Street
Alley between 35th Street and 36th Street, from Lake Avenue to Balboa Boulevard
■ Alley between 33rd Street and 34th Street, from Lake Avenue to Balboa Boulevard
32nd Street from Seashore Drive to Balboa Boulevard
30th Street from Balboa Boulevard to Newport Boulevard
■ Alley between 31 st Street and 32nd Street, from Newport Boulevard to Villa Way
Alley between 28th Street and 29th Street, from Newport Boulevard to Villa Way
East Oceanfront Alley from A Street to B Street
Corona Del Mar
Alley bound by East Coast Highway, Avocado Avenue, Fourth Avenue, and
Acacia Avenue
■ Alley bound by Waterfront Drive, Avocado Avenue, Pacific Drive, and Acacia Avenue
Alley bound by East Coast Highway, Acacia Avenue, Fourth Avenue, and Begonia
Avenue
■ Alley bound by Fourth Avenue, Acacia Avenue, Third Avenue, and Begonia Avenue
Alley bound by Third Avenue, Acacia Avenue, Second Avenue, and Begonia Avenue
Alley bound by Second Avenue, Acacia Avenue, First Avenue, and Begonia Avenue
Alley bound by First Avenue, Acacia Avenue, Pacific Drive, and Begonia Avenue
■ Alley bound by East Coast Highway, Begonia Avenue, Fourth Avenue, and
Carnation Avenue
Alley bound by Fourth Avenue, Begonia Avenue, Third Avenue, and Carnation
Avenue
Alley bound by Third Avenue, Begonia Avenue, Second Avenue, and Carnation
Avenue
Alley bound by Second Avenue, Begonia Avenue, First Avenue, and Carnation
Avenue
9-19
Consultant shall provide the following services:
• Design survey
• Utility coordination
• Street improvement plans
Water and sewer improvement plans for East Oceanfront Alley
• Signage and striping plans
• Project specifications (special provisions only)
• Estimate of probable cost
• Construction support services
• As -built drawings
PROJECT APPROACH
DESIGN REVIEW MEETING
• In a consultation meeting with the City, the scope of work, procedure and precise limits
of the project improvements will be reviewed. Obtain from City existing improvement
plans and record maps of the project area.
• Meet with City staff on a continuous, as needed basis throughout the design and
construction phases to ensure that work is expeditiously carried out in keeping with City
requirements.
UTILITY COORDINATION
• City to send out initial utility requests to utility agencies and/or companies. City to notify
utility agencies and/or companies at 50% and 90% design.
• Plot utility information from utility maps/atlas obtained by City from utility companies.
DESIGN SURVEY
• Locate beginning, intermediate, and final benchmarks. Locate and identify horizontal
controls used. Tie down the project to State Plane Coordinate System.
• Mark limits of broken alley gutter.
• Conduct topographic survey at 5 -foot intervals and obtain street cross sections at 25 -
foot intervals. Street cross sections to show elevations at right-of-way, alley, and gutter
flowline.
Design survey will include 1 -foot contours and shall include, but not be limited to, finished
surface adjacent to building faces, carports, steps, curbs, gutters, crown lines, flow lines,
swales, alley approaches, grade breaks, trees, light poles, utility poles, signs, gates, catch
basins, drains, all visible surface utilities, vaults, covers, manholes, valves, sewer
cleanouts, pull boxes, etc.
9-20
DESIGN PHASE - 50% SUBMITTAL
ALLEY RECONSTRUCTION
Prepare base maps and plot alley and street centerlines, right-of-way lines, building
footprints, sidewalks, curb and gutter, pavement striping, street lights, signs and trees,
0.5 -foot contour lines, and all existing utility lines.
Plot existing and proposed cross sections at 25 -foot intervals.
Prepare preliminary alley improvement plans at 1 "=10' and 1 "=2' vertical scale.
, Prepare preliminary estimate of probable cost.
WATER AND SEWER MAIN RECONSTRUCTION - EAST OCEANFRONT ALLEY
Prepare preliminary water improvement plans to include removal and replacement of
water main within alley segment.
Prepare preliminary sewer improvement plans including sewer spot repairs and sewer
lateral repairs within alley segment. It is assumed that the City will provide the desired list
of sags, offset joints, and broken pipe segments.
DESIGN PHASE - 90% SUBMITTAL
, Prepare project specifications including water and sewer specifications for East
Oceanfront alley from A Street to B Street, provided by TAIT & Associates.
• Prepare estimate of probable cost.
ALLEY RECONSTRUCTION
Prepare final alley improvement plans. Final plans to include:
Title sheet will include:
• Project title, vicinity and location map, plan sheet index and scale.
• Utility and plan legends, utility notes, contact names and telephone numbers.
• Bench marks, basis of bearings, general and master construction notes.
• Standard signature and title blocks.
Plan and profile sheets will include:
• Topography between right-of-way and beyond as necessary.
• Right-of-way limit lines.
• Utility location plot.
• Construction notes and quantity estimates.
• Typical sections and details
• Edge of pavement and alley gutter flow line and profile.
WATER AND SEWER MAIN RECONSTRUCTION - EAST OCEANFRONT ALLEY
Prepare final water and sewer improvement plans at 1" =10' scale.
FINAL DESIGN - 100% SUBMITTAL
After approval of project design, the plans will be plotted on mylar and delivered to the
City.
9-21
CONSTRUCTION SUPPORT SERVICES
• Attend pre -construction meeting.
• Revisions to final construction drawings, project specifications, and any addendum
during bidding process.
• Review of shop drawings and/or material submitted.
• Provide coordination during bidding process including answering bidders' questions
during the bidding phase.
• Provide assistance during construction consisting of plan interpretation and plan
revisions resulting from changed conditions.
• Prepare "As -Built" plans based on information provided by the City.
9-22
PROJECT TEAM
Surender Dewan, PE, QSDIQSP
President 1 Project Manager
DMS Consultants, Inc.
TAIT & Associates, Inc.
.Subconsult2nt
Nishant Chadha_ MS. MBA. EIT
Project Engineer
DMS Consultants, Inc_
Hoang Nguyen, BS
Design Engineer
DMS Consultants_ Inc.
Bob Kelsoe, LS
Survey Party Chief
DWIS Consultants, Inc -
2 -Man Survey Crew
9-23
Task Description
Records and Research
Design Surrey
Utility Coordination
=.ivement Analysis - Subconsultant
DESIGN PHASE 60%
Base Maps
Preliminary Alley Improvement Plans
Preliminary Estimate
City Review of Plans - 50%
DESIGN PHASE 90%
Final Alley Improvement Plans
Final Specifications and Estimate
City Revie-,v of Plans - 90%
FINAL DESIGN PHASE 100%
F-matize Plans, Spedficabons and Estmate
City Review of Plans - 100%
Des: --n Compete
PROJECT SCHEDULE
January February kla^�h APM1 May June
6x'. WK'Ax AK W<A'K NX. VA AK.WK ex'ax WK e.x '.tx '.Ax '.%x wt Ax %%K v[[ xx wK 'W
I3C � 31 I: 21 S 5 U 20 23 IDI r w 5 15.22 2? 5 I 12 SA
January14: 2020
Notice to Proceed
Apiz2M
MY
Jme 25,2W
♦ July 16, 2020
Design Complete
9-24
EXHIBIT B
SCHEDULE OF BILLING RATES
DMS Consultants Civil Engineers, Inc. Page B-1 9.25
EXHIBIT B
FEE SCHEDULE
ENGINEERING SERVICES FOR
CONCRETE ALLEY AND STREET REPLACEMENT PROJECT
Concrete Alley and Street Replacement
Project No. 65802 & 20W05
TOTAL NOT -TO -EXCEED FEE: $177,630.00
SCHEDULE OF BILLING RATES
ProjectManager................................................................................................................................$160.00
ProjectEngineer...............................................................................................................................$140.00
DesignEngineer...............................................................................................................................$120.00
SeniorPlan Checker.........................................................................................................................$100.00
Two -Man Field Party............................•........._......_...........................................................................$205.00
Three -Man Field Party......................................................................................................................$245.00
SurveyManager................................................................................................................................$115.00
Clerical.............................................................................................................................................•..
$55.00
9-26
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
DMS Consultants Civil Engineers, Inc. Page C-1 9-27
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
DMS Consultants Civil Engineers, Inc. Page C-2 9.28
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. 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.
DMS Consultants Civil Engineers, Inc. Page C-3 9-29
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.
DMS Consultants Civil Engineers, Inc. Page C-4 9-30
ATTACHMENT C
agW PART
City of Newport Beach
u r BUDGET AMENDMENT
2019-20 BA#: 20-035
Department: Public Works
ONE TIME: aes ❑No
Requestor: Angela Crespi
Approvals
Prepared by: Walid Harding J
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: Date
0 COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To increase expenditure appropriations from the unappropriated Water Capital Fund balance to be used toward a ❑from existing budget appropriations
Professional Services Agreement with DMS Consultants Civil Engineers, Inc. for the Concrete Alley and Street ❑from additional estimated revenues
Replacement Project.
Qfrom unappropriated fund balance
REVENUES
Fund # Org__ _ Object ___Project_____ Description Increase orLDecrease) $
i
Subtotal
EXPENDITURES
Fund # OOr -Object Project — Descri tion -.--_--__ .__ Increase or (Decreases $
702 70201931 980000 120R07 Distribution & Piping - CIP Expenditures For GL $100,000.00
t 19 1- E_ - - -
_ . .. L. ........ _. t __._....._ .._.._..__ i._.........._.._.......... _ ._.._ _._ . _.... __..._...... .......__.. _..._....._. ..... _.._... _.. _l. ... . _.......__.. ..-.......... ..
Subtotal i$100,000.00
FUND BALANCE
Fund # Object Description Increase or (Decrease) $
702 300000 ,Water Capital Fund - Fund Balance Control ($100,000.00)
........ _... ... __ _._..
Subtotal ,000 00).
� ($100_
Fund Balance Change Required
9-31