HomeMy WebLinkAboutC-8502-2 - On-Call PSA for On-Call Professional Engineering Services for Traffic/Transportation EngineeringNi
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�j AMENDMENT NO. ONE TO
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
�j ON -CALL PROFESSIONAL ENGINEERING SERVICES FOR
TRAFFIC/TRANSPORTATION ENGINEERING
THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 15th day of
May, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and KIMLEY-HORN AND
ASSOCIATES, INC., a North Carolina corporation ("Consultant"), whose address is 421
Fayetteville Street Suite 600, Raleigh, North Carolina 27601, and is made with
reference to the following:
RECITALS
A. On August 24, 2021, City and Consultant entered into a Professional Services
Agreement ("Agreement") for On -Call Professional Engineering Services for
Traffic/Transportation Engineering ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of
the Agreement to August 23, 2026, to increase the total compensation, and to
update Consultant's address for receipt of notices.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 23, 2026, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Two Hundred
Fifty Thousand Dollars and 00/100 ($250,000.00), without prior written authorization
from City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Fifty Thousand Dollars and 00/100 ($50,000.00).
Kimley-Horn and Associates, Inc. Page 1
3. NOTICES
Section 26.3 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Jason Melchor
Kimley-Horn and Associates, Inc.
1100 W Town and County Road Suite 700
Orange, CA 92868
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Kimley-Horn and Associates, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: / `1
By: c�
ron C. Harp
ity Attorney
ATTEST:
Date: o
By:adlft�j-
Leilani I. Brown
City Clerk pp
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d
�2cIFo)�%
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 5z 3oz
By:
G ace eung
Chy,Manager
CONSULTANT: Kimley-Horn and
Associates, Inc., a California corporation
Date:
Signed in Counterpart
By:
Darren Adrian
Vice President
Date:
M
Signed in Counterpart
Jason Melchor
Assistant Secretary
[END OF SIGNATURES]
Kimley-Horn and Associates, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
�A
By: 1^ ` t�
ron C. Harp
ity Attorney 5'F
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace Leung
City Manager
CONSULTANT: Kimley-Horn and
Associates Inc., California corporation
Date:
By:
Darren Adrian
Vice President
Date: 6
By: (/� /^�{'•�• Nam. GSZr
Jason Melchor
Assistant Secretary
[END OF SIGNATURES] ICKA"
23
Kimley-Horn and Associates, Inc. Page 3
N
N
J ON-CALL PROFESSIONAL SERVICES AGREEMENT
(JI) WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
ON-CALL PROFESSIONAL ENGINEERING SERVICES FOR
TRAFFIC/TRANSPORTATION ENGINEERING
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THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 24th day of August, 2021 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation
("Consultant'), whose address is 421 Fayetteville Street, Suite 600, Raleigh NC 27601,
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 On -Call Professional Engineering
Services for Traffic/Transportation Engineering ("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 September 1, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Two Hundred Thousand Dollars and 00/100 ($200,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
Kimley-Horn and Associates, Inc. Page 2
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 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.
4.4 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.5 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jason Melchor to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
Kimley-Horn and Associates, Inc. Page 3
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
Director of Public Works 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
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,
Kimley-Horn and Associates, Inc. Page 4
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"), 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
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.
Kimley-Horn and Associates, Inc. Page 5
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.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
Kimley-Horn and Associates, Inc. Page 6
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
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
Kimley-Horn and Associates, Inc. Page 7
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
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
Kimley-Horn and Associates, Inc. Page 8
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 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.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
Kimley-Horn and Associates, Inc. Page 9
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
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: Jason Melchor
Kimley-Horn and Associates, Inc.
1100 Town and Country Road, FL #7
Orange, CA 92868
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Kimley-Horn and Associates, Inc. Page 10
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. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 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.
29.3 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.
29.4 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.
29.5 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.
29.6 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.
29.7 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.
29.8 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.
29.9 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.
Kimley-Horn and Associates, Inc. Page 11
29.10 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.
29.11 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.
29.12 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]
Kimley-Horn and Associates, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF N
CITY ATTORNEY'S OFFICE a CaliforniaDate: '6w'LI Date
By: ��� By:
Aaron C. Harp q�� Brad Avery
City Attorney b�� ' Mayor
ATTEST:
Date:
Brown171&4'1�j (Z,.rAM .
L6ilani 1.
City Clerk
U
NE
PORT BEACH,
nicipal corporation
CONSULTANT: KIMLEY-HORN AND
ASSOCIATES, INC., a North Carolina
corporation
Date:
Signed in Counterpart
Jason J. Melchor
Associate
Date:
Signed in Counterpart
By:
Jean B. Fares
Sr. Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
S3 -:a'.*ATS't:ir�l�4e'3�5N8S�ixd6.�b5.tYAR%%�YL±R���4v._ eN-;�F'DZH���PYa�RR'�Y.U".a3'�t;558}5YI,i4�^..��T;a§�WAi'SST��tE�hiII9�e&�"<4zSS�X-:E•� >a�11����c Y>Jh
Kimley-Horn and Associates, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: �3 2-o'7-1 Date:
By: ( — -- R,/-- By:
Aaron C. Harp Brad Avery
City Attorney bq��q Mayor
ATTEST: CONSULTANT: KIMLEY-HORN AND
Date: ASSOCIATES, INC., a North Carolina
corporation
Date:
Leilani I. Brown Jason J. Melchor v
City Clerk Associate
K�A
Date- 2 02
By: ll�,,,� n, I
Je B. Fares
Sr. ice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Kimley-Horn and Associates, Inc. Page 13
EXHIBIT
SCOPE OF SERVICES
Kimley-Horn and Associates, Inc. Page A-1
SCOPE OF SERVICES
ON-CALL PROFESSIONAL ENGINEERING SERVICES
TRAFFIC/ TRANSPORTATION ENGINEERING
Consultant shall provide the following professional traffic/transportation engineering
services on an on-call, as needed basis for City.
• Provide full-sized plans, specifications, and estimates for traffic/transportation
engineering projects;
• Perform general traffic -related studies;
• Review/prepare traffic signal timing/coordination plans;
• Prepare conceptual design plans/exhibits;
• Provide cost estimating and value engineering services;
• Prepare/review transportation impact studies;
• Prepare traffic calming (neighborhood) studies;
• Review/prepare traffic control plans;
• Provide bid support and preparation of record drawings;
• Perform traffic signal operation observation, review, and response (excluding
physical traffic signal maintenance and repair);
• Review City's traffic control devices and policies for State and Federal Compliance;
• Attend meetings as requested;
• Prepare grant applications;
• Prepare presentation materials and/or present to Elected Officials, Public and City
Officials; and/or
• Other traffic/transportation engineering -related tasks, as requested by the City.
Consultant shall perform the on-call services described in the Scope of Work ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein, and
pursuant to Section 2 of the Agreement, Consultant shall provide a Letter Proposal for
Services requested by the City (hereinafter referred to as the "Letter Proposal").
The Letter Proposal shall include, but is not limited to, the following:
• A detailed description of the Services to be provided;
• Contract Number;
• The Title/Position of each person who will be performing the work;
• Estimated work schedule and timeline; and
• Fee schedule, including any anticipated consumable, material, or ancillary cost to
perform the services.
No Services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
EXHIBIT B
SCHEDULE OF BILLING RATES
Kimley-Horn and Associates, Inc. Page B-1
Fee Schedule
KIMLEY- BORN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE
OFFICE
SUPPORT STAFF
$85.00 -
$130.00
DESIGNER/TECHNICIAN/CADD OPERATOR
$105.00
- $165.00
ANALYST
$115.00
- $160.00
PROFESSIONAL
$160.00
- $230.00
SENIOR PROFESSIONAL
$230.00
- $305.00
PRINCIPAL
$275.00
- $325.00
EXPENSES
SUBCONSULTANT MARK-UP
15%
COST + 6.1510
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 Liabilitv 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
Kimley-Horn and Associates, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Kimley-Horn and Associates, Inc. Page C-2
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
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
Kimley-Horn and Associates, Inc. Page C-3
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Kimley-Horn and Associates, Inc. Page C-4
City of Newport Beach
Insurance Compliance
PO Box 100085 - FV
Duluth, GA 30096
September 28, 2021
Kimley-Horn and Associates, Inc.
1100 Town and Country Road
FL #7
Orange, CA 92868
Reference Number: FV00000639
This Account has moved from non-compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely,
City of Newport Beach
Compliant Notice [CA1]
Kimley»>Horn
May 19, 2022
By email
Mr. Brad Sommers, P.E., T.E., L.C.I.
Principal Civil Engineer
Public Works Department, Bay 2D
100 Civic Center Drive
Newport Beach, CA 92660
APPROVED:
On -Call Contract 8502-2
0108012-811008 $22,100
5/19/22
RE: Proposal to Provide Design Plans to Replace Overhead Signs and Lighting on Three
Existing Sign Bridges
Dear Mr. Sommers:
Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this proposal to the City of
Newport Beach (City) to provide design plans to replace the overhead signs and lighting with new
similar sized signs and LED up -lights on three existing sign bridges within the City.
Project Understanding
The City of Newport Beach is proposing to replace the overhead signage and sign up -lighting on three
existing sign structures around the Bristol Street/Jamboree Road/Campus Drive area. In order for the
existing sign structures to be re -used, the proposed signs must match or be smaller than the dimensions
and weight of the existing signs. The same criteria apply for the proposed LED up -lights.
Based on our discussions and information provided by City staff, we propose the following Scope of
Services. We understand this work is to be issued as part of our executed On -Call Professional
Services Agreement.
Scope of Services
Kimley-Horn will provide the following tasks:
Task 1: Prepare Overhead Sign Plans
Prepare overhead sign lighting plans to replace the existing signs on the sign bridges at the following
locations:
• Eastbound Bristol Street South approach to Jamboree Road (3 guide signs and 5 lane
assignment signs)
• Northbound Jamboree Road approach to Bristol Street South (3 guide signs)
• Westbound Bristol Street North approach to Campus Drive/Irvine Avenue (4 guide signs and
1 lane assignment sign)
Ki m l ey >>> H o r n Mr. Brad Sommers
May 19, 2022
Page 2
We will prepare a layout sheet identifying the location of each sign bridge. We anticipate needing only
one sheet to present the sign bridge locations relative to the nearest intersection. Since the sign bridges
are existing, we will use existing aerials to create the CAD base mapping at a 1"=40' scale.
Prepare sign details for each of the signs to be replaced. We will use the SignCAD software to layout
and dimension the sign information per current MUTCD standards. We will prepare one sign detail
sheet per sign bridge, three (3) sheets total.
Prepare a title sheet for the project design set.
Task 2: Prepare Overhead Sign Lighting Plans
We will prepare a sign lighting plan to replace the existing sign up -lights to LED and associated wiring
at each of the identified sign bridges in Task 1. We anticipate needing only one sheet to present the
sign lighting design and wiring. We will conduct one site visit to identify existing wire routing, pull boxes,
to the existing power source at the adjacent intersection. We will prepare the sign lighting plan at a
1 "=40' scale.
Task 3 — Specifications
Prepare technical specifications based upon the boiler plate supplied by the City. Bid items required by
the plans or otherwise needed to accomplish project construction will be thoroughly described in the
General Provisions and included in the Contractor's bid list. Technical provisions will contain adequate
detail in coordination with the plans and will reference the Greenbook, Caltrans or other appropriate
specifications.
Additional Services
Any services not specifically described in the above scope, as well as any changes in the scope the
Client requests, will be considered Additional Services and will be performed at our then -current hourly
rates.
Additional services we can provide, if requested, include the following:
Preparation of traffic signal modification plans
Preparation of signing and striping plans.
Structural Analysis
Opinion of Probable Cost Estimates
Attendance at meetings
Kimley»>Horn
Schedule
Mr. Brad Sommers
May 19, 2022
Page 3
We will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed -
to schedule. We anticipate six weeks from notice -to -proceed to complete an initial submittal of the plans
and specifications. We will address up to two rounds of consolidated City comments.
Fee and Billing
Kimley-Horn will perform the services described in the Scope of Services outlined above for a lump
sum fee of $22,100. All permitting, application, and similar project fees will be paid directly by the Client.
LABOR TASKS FEE
Task 1: Prepare Overhead Sign Plans $ 12,120
Task 2: Prepare Overhead Sign Lighting Plans 6,430
Task 3: Specifications 3,550
TOTAL LABOR FEE $ 22,100
Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services
completed or actual services performed and expenses incurred as of the invoice date. Payment will be
due within 25 days of the date of the invoice.
Closure
If you concur in all the foregoing and wish to direct us to proceed with the services, please return along
with the appropriate contract documentation. This proposal is valid for sixty (60) days after the date of
this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Jason Melchor, P.E. (No. 65218)
Project Manager / Associate
K:\ORA_TPTO\@Marketing\City of Newport Beach\Sign Structure Signage\Newport Beach Overhead Signage Proposal.docx
Proposal for the
FY 2024-2025 Streetlight Improvement Project (Contract No. 9754-1)
#15206
6. Scope of Work 8502-2
Task 1: Field Review and Base Map Preparation
Kimley-Horn will conduct an extensive field review of observable conditions. The purpose of the field review will be to
document the characteristics of the 22 existing streetlight and one irrigation cabinet conditions, including location and
visible surroundings, for the preparation of cabinet replacement details. We will make field notes, digital photographs
and inventory, and location of existing facilities that may impact placement of the service cabinet, conduit, and pull
boxes, as needed. We anticipate one day to conduct the field review alongside the City. We will create base mapping
for each cabinet location from existing record drawings provided by the City.
Task 2: Review Cabinet Replacement Alternatives
Kimley-Horn will review options for the streetlight and irrigation cabinet replacement design. This includes locating the
cabinet along the existing street lighting closer to the first streetlight to maintain the existing wiring and avoid replacing
the lighting circuit run or to assess if the current cabinet location should be reused. We will prepare a memorandum
that provides the design decision/concept design for each cabinet location. Included in the memorandum will be the
Opinion of Probable Construction Cost (OPCC). We anticipate using existing service points.
Task 3: Prepare Street Lighting Plans
Kimley-Horn will prepare street lighting plans consisting of service cabinet details, including one for the irrigation
cabinet. The street lighting plans will be prepared at 40-scale (1 "=40') to demonstrate the location and/or intersection
and show existing service point(s) and surrounding underground utilities. Service cabinet details will be provided at 10-
scale (1"=10') blow ups, on 24" x 36" full-size sheets using AutoCAD 2023 version drafting software. A sample design
layout from the Eastbluff Streetlight Improvement Project, prepared by Kimley-Horn, is shown on the following
page. We anticipate fitting 3 — 4 service cabinet locations on one sheet, totaling 6 (six) design sheets total.
We will also prepare a title sheet, a construction notes sheet, and a detail sheet.
Standard service cabinets and foundations per City's Standard Drawing No. STD-206 and STD-207. Structural
calculations are not anticipated.
Task 4: Utility Coordination
Kimley-Horn will coordinate with Southern California Edison (SCE) and affected utility agencies during the design
phase. This entails sending up to two rounds of utility notification letters to utility agencies identified from readily
available City information and the field observation. These letters will notify the utility agency of the project, describe
anticipated impacts, and identify action required. Follow-up calls will be provided to non -responsive agencies and
generate a utility disposition matrix to serve as documentation and aid in tracking this task.
Utility information collected will be shown on the design plans. We will show water, gas, storm drain, sewer, SCE, and
cable providers' utility lines on the plans. Since standard service cabinet foundations are 12" in depth, we don't anticipate
the need to pothole utility lines due to the shallow depth of the foundation and utilities typically at a 30" minimum depth.
We will also coordinate with SCE to inform them of modifications to the connection from the existing service point to
the new service cabinet location. We will submit the customer service applications and coordinate with the SCE
Planners on behalf of the City. The final SCE designs will be included in the bid documents package.
City of Newport Beach TRCAORNG003144.2024 Kimley> Horn 19
Proposal for the
FY 2024-2025 Streetlight Improvement Project (Contract No. 9754-1)
City of Newport Beach, Eastbluff Streetlight Improvement Project - Sample Design Layout
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�1�9T DETAIL ON THIS SHEET
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BETWEEN VAULT AND SERVICE CABINET TO
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SERVICE CABINET DETAIL
SCALE: 1" = 10'
City of Newport Beach TRCAORNG003144.2024
Kimley»)Horn 20
Proposal for the
FY 2024-2025 Streetlight Improvement Project (Contract No. 9754-1)
Task 5: Specifications
Kimley-Horn will prepare technical specifications based on the boilerplate supplied by the City. Bid items required by
the plans or otherwise needed to accomplish project construction will be thoroughly described in the General
Provisions and included in the Contractor's bid list. Technical provisions will contain adequate detail in coordination
with the plans and will reference the Greenbook or other appropriate specifications.
Task 6: Opinion of Probable Construction Cost
Kimley-Horn will prepare an Opinion of Probable Construction Cost (OPCC) for verification of project budget and
assistance during the contractor bidding process. Measurement of units will be contained in the specifications with
additional detail for lump sum items as necessary. Unit prices will be derived from current bid information on similar type
of work. Backup information will be submitted along with the estimate if requested for City record and concurrence.
Task 7: Project Management and Meetings
This task includes project management related tasks such as budget oversight, adherence to project scheduling, and
general project coordination. We will work with the City at the start of the project to establish and understand the
standards and policies that will guide the project development. Additionally, we'll communicate with designated City
staff (via phone, email, etc.) to provide coordination between the City and Kimley-Horn staff.
We have assumed six meetings with City staff during the course of the project: one "kick-off' meeting and five project
progress meetings. The purpose of the meetings could be to discuss the project's status and design submittals or to
present issues and findings.
Task 8: Bid Stage Services
Kimley-Horn will provide services during the bid stage of the project by responding in writing to requests for information
(RFIs), assisting the City in the issuance of addenda to the bid package, and attending pre -bid, pre -construction, and
construction -coordination meetings. Design changes are not included. We will budget up to 8 hours of effort on this task.
Task 9: Construction Stage Services
Construction Support: We will assist the City during the construction period by attending meetings, answering
contractor RFIs, reviewing submittals, reviewing shop drawings, conducting field observations, and preparing
addenda and clarifications. This also includes assisting in interpretation of bid documents, review of change orders,
and review of changed conditions in the field. We will budget up to 12 hours of effort for construction support.
Record Drawings: We will update the approved design drawings based on a redline markup provided by the
Contractor or City staff. Independent verification is not included. Significant deviations from the original design
documents are not anticipated. The purpose is to create a deliverable that will represent the built condition for the
City's records. We will budget up to 15 hours of effort for updating record drawings.
Project Deliverables:
» 75% Submittal — Design Plans and Estimates »
90% Submittal — Design PS&E »
City of Newport Beach TRCAORNG003144.2024
100% Final Submittal — Design PS&E
Final Submittal — Final PS&E
Kimley»>Horn 21
Proposalfor the
FY 2024-2025 Streetlight Improvement Project (Contract No. 9754-1)
Assumptions/Exclusions
1. Street improvement plans are not included.
2. Utility potholing is to be completed by utility agencies.
3. Utility relocation designs are not anticipated to be necessary. If required,
relocation designs are to be prepared by the individual utility agency.
4. ADA improvements are not included.
5. Environmental studies are not included.
Mass copying for bid sets or other items is to be done by City.
Traffic control plans are not included.
Public outreach efforts are not included.
Additional TasR-
The scope of work Kimley-Horn has detailed above encompass
necessary and recommended tasks to complete this project effe
and successfully. Our fully in-house team and existing knowledge
City's Streetlight Improvement Program will help to streamline I
management and coordination and will provide efficiency through(
duration of the project.
City of Newport Beach TRCAORNG003144.2024 Kimley)))Horn 22
City of Newport Beach
Streetlight Improvement Project
CategorylTitle
Billing Rate
-0911111111111PEremy.TFommmamn7Wsociates,
Project
Manager/Sr.
Professional I
Principal -in-
Charge/Sr.
Professional 11
Qp1QC/Sr.
professil ll
ona
Sr. Professional
Sr. Professional
Sr. Professional
Inc.
Professional
Professional
Analyst
Analyst
Analyst
Support Staff
TOTAL HOURS
TOTAL COST
$325
1 $345
$345
$325
$305
$270
$245
$225
$190
$170
$155
$130
Task 1
Field Review and Base Map Preparation
2
6
20
35
63
$ 12,570
Task 2
Review Cabinet Replacement Alternatives
4
1
1
6
6
23
1
42
$ 8,835
Task 3
Prepare Street Lighting Plans
7
1
5
1
2
1
49
15
6
119
206
$ 42,300
75% Submittal
4
4
2
1
32
15
84
142
$ 29,055
90% Submittal
2
1
1
10
6
20
40
$ 8,310
100% and Final Submittal
1
1
7
15
24
$ 4,935
Task 4
Utility Coordination
10
35
30
75
$ 16,925
Task 5
Specifications
4
1
3
24
8
40
$ 9,800
75% Submittal
2
1
2
12
4
21
$ 5,225
90% Submittal
1
1
8
2
12
$ 2,930
100% and Final Submittal
1
4
2
7
$ 1,645
Task 6
Opinion of Probable Construction Cost
3
1
1
3
18
2
27
$ 5,350
75% Submittal
1
1
1
10
2
15
$ 2,850
90% Submittal
1
1
6
8
$ 1,590
100% and Final Submittal
1
1
2
4
$ 910
Task 7
Project Management and Meetings
22
10
4
36
$ 10,120
Kickoff Meeting
2
2
4
$ 1,140
Coordination Meetings (5)
10
6
16
$ 4,720
Project Management
10
2
4
16
$ 4,260
Task 8
Bid Stage Services
4
4
8
$ 2,280
Task 9
Construction Stage Services
5
12
10
27
$ 6,265
Construction Support
4
8
12
$ 3,260
Record Drawings
1
4
10
15
$ 3,005
TOTAL HOURS
61
1
7
1
6
2
149
41
6
243
3
4
524
Subtotal Labor:
$19,825
$345
$2,415
$325
$1,830
$540
$36,505
$9,225
$1,140
$41,310
$465
$520
$ 114,445
Other Direct Costs
$ 150
Mileage
$ 150
TOTAL COST:
$ 114,595
Approved by:
TGS
01-06-2025
8502-2
17V02-Unassigned-012-Unassigned $41,521.70
22V02-Unassigned-012-Unassigned $41,828.37
23V02-Unassigned-536-Unassigned $31,244.93
Kimley>»Horn
Kimley-Horn and Associates, Inc.
Hourly Labor Rate Schedule
Classification
Rate
Analyst
$145 - $190
Professional
$185 - $245
Senior Professional 1
$240 - $325
Senior Professional II
$315 - $345
Senior Technical Support
$155 - $255
Support Staff
$110 - $140
Technical Support
$125 - $170
Internal Reimbursable Expenses will be charged at 5% of Labor Billings
External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract
Sub -Consultants will be billed per the Contract
BROOPRTDS.A.CCT