HomeMy WebLinkAbout05 - PSA for MacArthur Boulevard from Jamboree Road to Campus Drive Pavement Rehabilitation — Contract No. 9431-1 (24R13)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
May 14, 2024
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Michael Sinacori, Assistant City Engineer - 949-644-3342,
msinacori@newportbeachca.gov
TITLE: Approval of Professional Services Agreement with David Evans and
Associates, Inc. for MacArthur Boulevard from Jamboree Road to
Campus Drive Pavement Rehabilitation — Contract No. 9431-1
(24R13)
ABSTRACT:
As part of the City of Newport Beach's Pavement Management Plan, MacArthur
Boulevard, from Jamboree Road to Campus Drive, is scheduled for pavement
rehabilitation in Fiscal Year 2025-26. Staff requests City Council approval to enter into a
Professional Services Agreement with David Evans and Associates, Inc. of Tustin to
prepare the necessary construction documents.
RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301(c) (existing highways and streets, sidewalks, gutters,
bicycle and pedestrian trails, and similar facilities) of the CEQA Guidelines, because
this project has no potential to have a significant effect on the environment; and
b) Approve a Professional Services Agreement with David Evans and Associates, Inc.
for the MacArthur Boulevard, from Jamboree Road to Campus Drive, Pavement
Rehabilitation project for a total not -to -exceed amount of $493,320, and authorize the
Mayor and City Clerk to execute the Agreement.
DISCUSSION:
MacArthur Boulevard between Jamboree Road and Campus Drive is a major arterial
(six -lane divided) roadway about a mile in length that serves as a major gateway into the
city from the airport and 405 freeway. This part of the roadway also serves as direct
access to secondary and primary roads and commercial/industrial businesses. Several
residential communities are being proposed near the northern city limits that would use
MacArthur as one of their primary travel ways. As part of the Pavement Management
Plan, existing pavement will be cold milled and overlaid with rubberized asphalt concrete.
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Approval of Professional Services Agreement with David Evans and Associates, Inc. for
MacArthur Boulevard from Jamboree Road to Campus Drive Pavement Rehabilitation
May 14, 2024
Page 2
As this segment of MacArthur Boulevard is one of the only remaining segments of arterial
highways without landscaped street medians, the project will also include constructing
raised landscaped center medians as well as a City entry monument in order to beautify
this major entrance to Newport Beach. Additionally, Class II bike lanes will be added and
some of the existing "pork chop" islands will be removed.
Staff recently issued a Request for Proposals (RFP) for professional engineering services
and received four proposals. The proposals were reviewed by a three -person technical
panel. The scoring for the proposals is as follows:
PROPOSER
TOTAL SCORE
(Out of 300)
OVERALL
RANK
David Evans and Associates, Inc.
284
1
Stantec Consulting Services, Inc.
274
2
Psomas
250
3
Tait & Associates, Inc.
240
4
The preparation of construction documents for pavement rehabilitation projects is
relatively similar for all arterials. Although all four proposers demonstrated the ability to
complete the scope of services as outlined in the RFP, David Evans and Associates, Inc.
received the highest score based on its project understanding, previous experience with
similar projects, and its proposed design team. In addition, David Evans and Associates,
Inc. has successfully completed similar projects for other local agencies as well as for the
City. Therefore, staff recommends approving a professional services agreement with
David Evans and Associates, Inc. to complete the final design efforts for the MacArthur
Boulevard, from Jamboree Road to Campus Drive, Pavement Rehabilitation project.
The proposed scope of work includes research and data collection; utility coordination;
design surveying; signing and striping inventory; a pavement report; base mapping;
landscape design services; roadway renderings; concept plans and construction
documents; progress meetings; and construction support services. Construction is
tentatively planned for Fiscal Year 2025-26. The City's Traffic Division will retain the
services of a separate consultant to complete the design of the traffic signal
improvements at the intersections with Von Karman Ave/Newport Place Drive and
Birch Street. Those plans will be incorporated into the final plans, specifications and
estimate (PS&E) package.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this service. It will be expensed to the
Gas Tax account, 12101-980000-24R13 ($200,000) and the General Fund account,
01 201927-980000-24R1 3 ($293,320) in the Public Works Department. Gas Tax revenue
is received through State imposed taxes on fuel and motor vehicle registration dedicated
to transportation purposes. The consultant's proposed not -to -exceed fee for this service
is $493,320.
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Approval of Professional Services Agreement with David Evans and Associates, Inc. for
MacArthur Boulevard from Jamboree Road to Campus Drive Pavement Rehabilitation
May 14, 2024
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section15301(c) (existing highways and
streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
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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
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ATTACHMENT A
MACARTHURBOULVEVARD
PAVEMENT REHABILITATION
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-9431-1 24R13 5/14/2024
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ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH DAVID EVANS AND ASSOCIATES, INC. FOR
MACARTHUR BOULEVARD FROM JAMBOREE ROAD TO CAMPUS DRIVE
PAVEMENT REHABILITATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 14th day of May, 2024 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
DAVID EVANS AND ASSOCIATES, INC., an Oregon Corporation ("Consultant'), whose
address is 2100 S River Parkway, Portland, OR 97201, 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 conceptual designs for the MacArthur
Boulevard from Jamboree Road to Campus Drive Pavement Rehabilitation project
(24R13) ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2026, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred Ninety
Three Thousand Three Hundred Twenty Dollars and 00/100 ($493,320.00), 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.
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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 Marie Marston 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. 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
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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, 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, reasonable
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.
David Evans and Associates, Inc. Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
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of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner orjoint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("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
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arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) 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,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
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
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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: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Al Barkouli
David Evans and Associates, Inc.
2100 S River Parkway
Portland, OR 97201
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
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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. 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
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Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
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]
David Evans and Associates, Inc.
Page 11
5-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY',ATTORNEY',S OFFICE
Date: 2� 2
By.
ar C. ar "7s
Attorney
ATTEST:
Date:
so
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: DAVID EVANS AND
ASSOCIATES, INC., an Oregon
Corporation
Date:
By:
Al Barkouli
Chief Executive Officer
Date:
By:
Aaron Fetzer
Vice President and Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
David Evans and Associates, Inc. Page 12
5-16
EXHIBIT
SCOPE OF SERVICES
David Evans and Associates, Inc. Page A-1 5-17
MACARTHUR BOULEVARD PAVEMENT REHABILITATION — SCOPE OF SERVICES
The City of Newport Beach is initiating conceptual designs for the MacArthur Boulevard
from Jamboree Road to Campus Drive Pavement Rehabilitation project (24R13). These
efforts will be used in the final design PS&E of the project. See attached concept exhibit
for the approximate median design and roadway design guidelines.
This mile long portion of MacArthur Boulevard is designated a major arterial (six lane
divided) per the City's Circulation Element found here:
htt s: www.new ortbeachca, ovhome show ublisheddocument 72126 637969491946670000
The most current average daily trips (ADT) is approximately 13,000 vehicles. This part
of the roadway serves as direct access to secondary and primary roads and
commercial/industrial businesses. A residential community is proposed near the
northern city limits in the future.
The following design guidelines are desired and should be incorporated into the concept
plans:
• Maintain current roadway capacity (lanes should be 11' wide minimum)
• Add Class II bike lanes (7' lane with 3' buffer)
• Remove existing "pork chops" as indicated on the concept exhibit
• Add raised medians per concept exhibit and add landscape wherever medians
are equal to or greater than 7' wide (assume 6" wide curb on perimeter -- may
want to add mow strips)
• Protect existing median just north of Jamboree and revise as shown on the
concept exhibit
• All other details indicated on the concept exhibit, including a City of Newport
Beach entrance sign
The City's Traffic group will retain the services of a separate consultant to complete the
design of the traffic signal improvements at the intersections with Von Karman
Ave/Newport Place Drive and Birch Street. Those plans would be incorporated into the
final PS&E package.
Consultant shall be responsible for providing concept and final design services. Services
shall include, as a minimum:
A. Research and Data Collection — Consultant shall gather and review all available
information such as preliminary engineering reports, record drawings, assessor's
parcel maps, right-of-way maps, street centerline ties, and utility maps.
B. Utility Coordination — City staff will send out the first utility information request
and will forward the utility maps/atlas to Consultant. Consultant shall identify all
utilities within project limits on construction drawings. Consultant shall send out
utility verification and/or relocation notices. Utility adjustments and relocations
5-18
shall be shown on contract drawings.
C. Design Surveying — Consultant shall provide design survey (including
topography with 1-foot contours) necessary to complete the design. Survey cross
sections shall be at 25-foot intervals from street right-of-way to right-of-way.
Survey shall extend 50 feet in all directions, including cross streets, beyond limits
of work at every intersection.
D. Signing and Striping Inventory — Consultant shall document all existing signs and
striping, identify the sign type, size, orientation and condition, identify striping
types and pavement markings and markers necessary to create the Signing and
Striping plans. The City may modify the existing signing and striping as part of
design.
E. Pavement Report — Consultant shall provide a pavement report which includes
determination of existing pavement structural sections and several
recommended flexible pavement structural sections. Field pavement coring shall
also be included. Isolated pavement reconstruction "dig -outs" shall be identified
(if applicable).
F. Base Mapping — Upon completion of the above items A through D, Consultant
shall prepare a base map. The base map shall include, as a minimum, street
centerlines, right-of-way lines, topographic features, 1-foot contour lines, all
existing utility lines and existing signing and striping. The base map shall be field
verified by Consultant.
G. Landscape Design Services — Consultant shall propose landscaping and
hardscape to meet the goals of the project. This shall include: landscaping for
raised medians, decorative pavement treatments, sidewalks and crosswalks if
applicable, planting trees, accent landscaping, and irrigation. Landscape
specifications and soil testing/recommendations shall be included with
construction documents.
H. Roadway Renderings — Consultant shall provide up to four renderings of the new
roadway sections to detail the revised layout, decorative pavement, landscaping,
new City entrance sign, and other items for presentation to the Public.
Concept Plans & Construction Documents
1. Concept Plans — Concept Plans shall be at a scale of 1 inch = 40 feet and
include locations of new medians, bike lanes, proposed landscaping and all
other items mentioned in the concept design guidelines above.
2. Final Plans — Construction drawings shall be at a scale of 1 inch = 40 feet.
For clarity purposes, details shall be drawn at a larger scale. As a minimum,
construction drawings shall include a Title Sheet, Typical Sections, Plan and
Profile Sheets, Details, Signing and Striping Plans, Demolition, Planting and
Irrigation Plans. The Signing and Striping Plans shall include replacing and
upgrading signs to meet MUTCD standards and identify missing signs per
MUTCD standards. Final Signing and Striping plans shall be a complete
consolidation of signs that incorporate City review comments, street cross
sections showing existing condition and proposed improvements shall also
5-19
be provided at every 25-feet interval. Drawings shall be prepared in
AutoCAD Civil 3D and shall comply with City's CAD standards. Once design
has been completed, Consultant shall submit electronic files of each
submittal and final drawings in both AutoCAD and Adobe (PDF) formats.
2. Special Provisions — Consultant shall prepare Special Provisions to the
Standard Specifications for Public Works Construction (2015 Edition) in
Microsoft Word. An electronic copy in Microsoft Word format shall be
submitted at the completion of design. City staff will provide a Special
Provision boilerplate.
3. Cost Estimate — Consultant shall prepare an itemized construction cost
estimate. Quantity calculation back-ups shall also be submitted with the cost
estimate. Consultant shall submit the construction cost estimate in Microsoft
Excel format with a tab that itemizes the quantities shown per sheet.
4. As -built Drawings — Upon completion of construction, Consultant shall
prepare as-builts drawings based on Contractor mark-ups. As -built
drawings shall be submitted in AutoCAD and Adobe (PDF) format. Mylar
hard copies will not be required.
Progress Meetings — Consultant will be required to meet with City staff during the
design process to review and discuss progress and coordinate courses of action.
It is anticipated that a maximum of six (6) design meetings will be required. This
does not include the initial project kick-off meeting, project submittal review
meetings, or the pre -construction meeting. Consultant will be required to prepare
agenda and meeting minutes.
K. Construction Support Services
Consultant shall revise final construction drawings, specifications, prepare
any bid addendum(s) during the bidding process and resolve any
discrepancies.
2. Consultant shall attend the pre -construction meeting and shall be available
to respond to questions.
3. Consultant shall review shop drawing and/or material submittals related to
the design of this project.
4. Consultant shall provide guidance and recommendations to the City with
respect to the Contractor's general conformance to plans and
specifications. This does not mean Consultant will be responsible for project
construction inspection, but will instead be expected to provide some
monitoring, and where appropriate, make field recommendations.
PROGRESS SUBMITTALS
Progress submittals and/or meetings will be required throughout the design process.
Milestone submittals include:
5-20
A. Concept Design — Consultant shall, as a minimum, submit concept plans as
described in the Scope of Services above and revise concept plans until City
requirements are met. Construction documents shall not proceed until the
concept design plan is finalized.
B. 60 Percent Design — Consultant shall, as a minimum, submit preliminary title
sheet, typical sections, plan and profile sheets, preliminary striping plan, cross
sections, and preliminary quantities and cost estimates. Identify potential
drainage issues and propose improvements to address any drainage
deficiencies. Submit cross sections that show existing and proposed cross
slopes.
C. 90 Percent Design — Consultant shall, as a minimum, submit draft final plans,
completed specifications, and final quantities and cost estimates. All 60
percent design review comments shall be addressed at this time.
D. 100 Percent Final Design — Consultant shall, as a minimum, submit final plans,
completed specifications, and final quantities and cost estimates. All 90
percent design review comments shall be addressed at this time.
Consultant is responsible for addressing all plan review comments at each of the formal
submittals as well as informal coordination throughout the plan preparation process. The
City anticipates a period of three weeks for plan review of the 60 percent and 90 percent
submittals. The City will require a review meeting at the time of each submittal as a
minimum, and other meetings may be required.
Proposers shall expand on the Scope of Services listed above and add any other items
that will bring value to the project.
PROJECT SCHEDULE
The City desires to complete the final design by December 2024. In order to meet this
schedule, the following milestones shall be incorporated into the Consultant's project
schedule:
0 Notice to Proceed/Approval of Agreement — March 2024
• Concept Plan Submittal —May 2024
• 60 Percent Submittal — August 2024
• 90 Percent Submittal — October 2024
• 100 Percent Final Submittal — November 2024
• City Council Award of Contract — February 2025
• Construction — Begin March of 2025
5-21
EXHIBIT B
SCHEDULE OF BILLING RATES
David Evans and Associates, Inc. Page B-1 5-22
PROPOSALCOST
COMPANY:
David 12"ns and Associates o
PROJECT:
MacArthur Boulevard- Jamboree Road to Campus Drive
1.00
Task
Scapa of Work Description
La.d.d R.l.
TOTAL
DLA
HOURS
TOTAL DEA
COST
subconsultants,
TOTAL Subs
HOURS
TOTAL Subs
COST
Tolnl Amount
°�"
r,kwa
�a.y.
A\rN
rr.rc.
rar
aur.n
M a.r.
awcrpr
frr�cwa
m
. r
r,o,.
0.e.
'w..'..
ttrrr c..ra
Yn.m.
e..,r•n.
an-
ar...
.ten �,.,,
"°a""
ter.
i9i Xi°"°
_ o
o.mr wry
s„n"w
.` 4
. ..
6*w
L.a.ua
^"""n
gEA
S1e+�Y
Dedpn war
EnYe'..rey
3MM
321ox
1]5aa4
smoo
tast.sa
mt,
$m"
Wam
41aaaa
11aem
11tax
t1woo
tUaae
A
Research and Data CoINHIon.
eseare an
Data Collection47
114
Flap Ravievrf Photagraphs
4
8
111
Sz,t22
0
Sd
$2.122
Research R/W lnfomubon
2
a
10
st,866
0
so I
Si,896
Review A"Wits and Do%(Priar Documentation)
4
4
a
16
S3?se
0
so I
S3,3gs
8
ttifdy Coordination
Utility Coordination Tatat
$17A"
Receive Willy Into from City d Add to Base Map
1
a
20
29
34.316
0
s0
S4,316
Wily Log and Conlicl Matrix
2
4
16
22
S3,186
0
so
$3 388
1111fliy Confirmation Letters fbasemep)
1
a
9
$1.010
0
$0
$1.616
Utility Con6nnaaon Lattem 180% and 100%)
2
to
is
S3,232
0
$0
$3.232
litlty Coordnation
S
16
24
$4.012
a
$0
51,912
C
Do sign Surveying
Design Surveying
Total
$36,631
Site Survey Coordination
1 2
8
1
11
42,027
$28,710
115 528,710
S3o,731
Aerial Mapping
$5,800
S5,800
$5,8D0
D
Signing 6 Striping Inventory
_w#Kffi9_&Zrdftm0 lnwntw
$11,568
Field lmerd"
8
8
$1,336
0
so
$1.336
Prepare Inventory LoglDelan ine Changes Needed
2
101
18
8
4z
$8,m
0
50
$8.072
Add to Base Map
IS
1s
42,100
0
so
$2,160
E
Powment Report
Pavement Report Total
$39,940
Pavement Investigation and Report
4
6
12
32,455
$34-60
lie
s34.26o
$36.716
Summadze Report Flndngs d Evaluate Casts
4
12
is
S3,124
0
50
$3,124
F
Base Mapping
Base Mapping Tetat
34,724
Prepaw Project Base Maps
2
12
le
311
S4,724
0 so
$4.724
G
Landscape Design Services
Landscape Design Total
5715,319
Preiminary 1 Conceptual Design
2 2 4 30 12 16 5o
Its
310i,00a
0
So
519,60a
60% Lordacape 8 irrigation Plane
2 4 2 16 80 16 60
1s3
$29.I56
0
so
$22,158
90%Landscape 8 irrigation plans
2 4 4 30 12o 18 50
z2o
S37,0W
0
SD
537.406
1 OD% Landscape S irrigation Plans
2 4 2 a 24 8 35
43
313,s lg
0
$0
57 3,644
Electrical Samce for abon anW rs-CootdmHtiond
Plans
0
36
S15,900
0
$15,900
575,90D
Ft
Roadway Renderings
Renderings Totd
$10,296
Roadway Renderings
4 a 1 1 48
62
$10.206
o s0
$10,296
I
Concept Plans S, Coaslruction Documents
and
Concept ns Constnectlan Documrnents
$196 267
Concept Plans
4
12
a
24
24
72
$13.224
0
s0
$17 224
Title Shoat (1)
1
a
a
17
$2 age
0
$D
$2,695
Typical Sections RI
1
6
Za
20
49
36,361
0
SO
$8,304
5-23
Task
Scope of Work Description
L..e.eltr.
TOTAL
PEA
HOUR S
TOTAL DEA
C057
u eensu
n
TOTAL Suhs
HOURS
TOTALS I b
COSY
TatolAmounr
r'�"h'
sans.
ewu..
ru
4Muw.
41AVt Oq
2xen.lr
eo6
KIPM-
7nMk f...ra
eu„w.Mq,�4
eiw a,or.n
"°'a•
emu.
tr,.u,q
"'a a,.4
unaKw•
♦,�ne.n
'^°�"
rrgwwn
o„qM.
o..,rws4
lWwy.
w.m wa
c.,,a....•
o..q,w
.. eR
M„4n
4uhert
ie0.e< SEA
n�„Nn Suney
GafOn 1N.N
Engbe.rmg
r,ompe
r1elie
Wti..r
93411.60
InLw
t31ed0
1247J0
$nLK
5167Se
511LN
3210.e0
11eeae
tltaee
$loam
SS1e.00
i1264e
Plan 4 ProMe (5)
8
4
24
6
80
60
80
60
192
139
$32,352
52o,72a
a
so
$32,352
$20,726
S14,300
CUr18trucdon Details (4) --
0
$0
s0
Signing and Striping(3)
2
24
60
m
Ss4,300
0
Demolition (3)
1
48
44
56.2m
0
5o
S8,296
2T C1oss sections (18)
2
40
8o
122
Ste.040
0
$0
$16,040
60% Design PackageSubrllfltaLCammenffi,Responses
4
4
16
24
S5,112
0
W
S5.112
90% Design PackageSuba&el.Con enta,Rmponses
4
4
8
40
m
511.000
0
$0
$11.000
100% Design Package-SuW flrW,CornmeMs,Responsm
1
8
4
8
40
69
S11.905
0
s0
$11.905
Review Traffic Engineer's Alan for Consistency wf DEA
4
15
is
26
57,552
0
s0
$7.552
Quanity f Cost Estimate! Bid List
6
1
4
4
32
1 40
2
4
12
12
4
121
520.276
0
so
$20.278
Technical Specifications
8
2
8
24
2
4
a
8
u
S12,496
0
so
S12,495
A4BUW
2
6
a
8
1
2
8
8
16
as
59,161
0
SO
59,984
J
Progress Meetings
Progress Meetings
Total
$39,406
14ckoff Meeting whh Chy (1)
2
2
2
6
$1 774
0 $0
$1.274
Design Meetings with City (6) (in -person)
t2
8
12
10
60
56,674
0 $0
$8,074
Field Review Meeting wdh City (1)
6
6
6
1e
S4,092
0 $0
$4,002
Submittal Review Meetings with City (3) an -person)
6
6
6
Is
53.622
0 $0
S3.822
Pmjod Uanageme tl Plan - Quality Management Plan
1
4
12
2
6
26
$8.705
0 s0
$8.7435
Project Management and Coordination
1
24
12
37
$9,069
0 $0
$9.069
Monthly Reporting and Adn9nistmtive
12
12
24
$4,960
0 $0
54,86D
K
Construction Support Services
Construction SupportTatel
$13.101
Bid Support
4
--
8
3
11
4
32.4%
$1,341
fl
0
SO
so
$2,456
$1.341
PwCorlstmctton Meebn9(1)
3
Combuc3on Engineering Support
6
-...
4
20
8
8
4a
$9.304
0
s0
$9,304
$O
0
70
0
s0
Total Hours
3 188 27
54
1 120
1 655
462 18
1 121
272
84 1 263
13
2.310
:a1
Total Labor)
S1,035 $52,640 S8,910
S13,392
$28.200
1 $114,3951 $62,370 53,780
522,4SO
1 $42,976
1 $13,272 840,765 $1.625
S406,350
$34,260 $34,510
$15,900
$84,67C
S491.020
Subtotal for Reimbursable=
I
I
S1,5o0
2496 $400
$2,300
Total for Tasks and Relmbu-bla s
I I
S493,320
5-24
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
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 Contract, 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 providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for
bodily injury by disease in accordance with the laws of the State of
California. In addition, Consultant shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to
waive all rights of subrogation against City, its elected or appointed
officers, agents, officials, employees, volunteers. Consultant shall
submit to City, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of City, its elected or appointed
officers, agents, officials, employees, volunteers.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/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 two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate and four million dollars ($4,000,000) completed
operations aggregate. The policy shall cover liability arising from bodily
injury, property damage, products -completed operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
David Evans and Associates, Inc. Page C-1 5-25
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
Contract, 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 for 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 two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) 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.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Consultant's primary and excess/umbrella liability policies are
exhausted.
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 Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees,
volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive
their right of recovery prior to a loss. Consultant hereby waives its own
right of recovery against City, and shall require similar written express
waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess/umbrella liability and
automobile liability, if required, but not including professional liability,
shall provide or be endorsed to provide that City, its elected or appointed
officers, agents, officials, employees, volunteers shall be included as
additional insureds under such policies.
David Evans and Associates, Inc. Page C-2 5-26
C. Primary and Non Contributory. Consultant's insurance coverage shall
be primary insurance and/or the primary source of recovery with respect
to City, its elected or appointed officers, agents, officials, employees,
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Consultant's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage except Builders Risk Insurance, which shall
contain an endorsement with said required notices.
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. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements 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 Contract. 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. The City reserves the right at any
time during the term of the Contract to change the amounts and types
of insurance required by giving Consultant ninety (90) 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.
David Evans and Associates, Inc. Page C-3 5-27
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 Contract 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 Exhibit A 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 proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -Insured Retentions. Consultant agrees not to self -insure or to use
any self -insured retentions on any portion of the insurance required
herein and further agrees that it will not allow any indemnifying party to
self -insure its obligations to City. If Consultant's existing coverage
includes a self -insured retention, the self -insured retention must be
declared to City. City may review options with Consultant, which may
include reduction or elimination of the self -insured retention, substitution
of other coverage, or other solutions. Consultant agrees to be
responsible for payment of any deductibles on their policies.
G. City Remedies for Non Compliance. If Consultant or any subcontractor
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 Contract, 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 Contract, and that involve or may
involve coverage under any of the required liability policies. City
David Evans and Associates, Inc. Page C-4 5.28
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.
Coverage not Limited. All insurance coverage and limits provided by
Consultant and available or applicable to this Contract are intended to
apply to the full extent of the policies. Nothing contained in this Contract
or any other agreement relating to City or its operations limits the
application of such insurance coverage.
J. Coverage Renewal. Consultant will renew the coverage required here
annually as long as Consultant continues to provide any Work under this
or any other Contract or agreement with City. Consultant shall provide
proof that policies of insurance required herein expiring during the term
of this Contract have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder
or letter from Consultant's insurance agent to this effect is acceptable.
A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new
coverage must be provided to City with five (5) calendar days of the
expiration of the coverages.
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