HomeMy WebLinkAbout06 - River Avenue Pedestrian Coastal Access ImprovementsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 0
September 23, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Patrick Arciniega, Senior Civil Engineer
949 - 644 -3311 or parciniega @city.newport- beach.ca.us
SUBJECT: River Avenue Pedestrian Coastal Access Improvements - Approval of
Professional Services Agreement with Civil Works Engineers for
Design Services
Recommendation:
Approve a Professional Services Agreement with Civil Works Engineers, of Costa
Mesa, CA, for design of final construction plans for River Avenue at a not to exceed
price of $85,530.00 and authorize the Mayor and City Clerk to execute the Agreement.
Discussion:
The City has been working with Civil Works Engineers and neighboring residents for the
past eight months on a, conceptual plan for pedestrian and traffic improvements to River
Avenue. City Staff and consultants have met with the Lido Sands Homeowners
Association on July 16, 2008 and the West Newport Community on August 7, 2008 to
discuss the project details and to present the conceptual plan for community review and
input. Civil Works Engineers has worked well with staff, consultants and the community
on the development of the conceptual plans. Staff is recommending continuing with
Civil Works for preparation of the final construction plans for this project.
The City has requested a proposal from Civil Works Engineers for the remaining work
required to complete construction plans, estimate and specifications that can be
competitively bid by Public Works and scheduled for construction in Spring 2009. The
proposal from Civil Works will include a set of final landscaping plans for the new street
parkway that will be designed by David Volz Design, a sub - consultant to Civil Works.
The proposed not to exceed professional engineering services fee is $85,530.00. The
scope of Civil Works Engineers professional services will include:
• Coordinate with Bush & Associates Inc. for updated Survey & Base Map
River Avenue Pedestrian Coastal Access — Approval of PSA with Civil Works Engineers
September 23, 2008
Page 2
• Final Engineering — Preparation of Construction Documents
• Landscape Irrigation and Planting plans
• Construction Engineering Assistance
Environmental Review:
Engineering design services are not projects as defined by the California Environmental
Quality Act (CEQA) Implementing Guidelines.
Funding Availability:
There are sufficient funds available in the following account for the project:
Account Description
General Fund
Prepared by:
Patrick Arciniega, P.E.
Senior Civil Engineer
Attachment: Professional Services
Location Map
Account Number
7028- C3002004
Total:
�..V -:u_J L...
Amount
$ 85,530.00
$ 85,530.00
LOCATION MAP
RIVER AVENUE PEDESTRIAN COASTAL
ACCESS IMPROVEMENTS
C -3628
T
PROFESSIONAL SERVICES AGREEMENT WITH
CIVIL WORKS ENGINEERS FOR
RIVER AVENUE PEDESTRIAN COASTAL
ACCESS IMPROVEMENTS C -3628
THIS AGREEMENT is made and entered into as of this day of
200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and CIVIL WORKS ENGINEERS a California Corporation whose address is
3151 Airway Avenue, Suite S -2, Costa Mesa California, 92626 ( "Consultant'), 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 is planning to construct a new sidewalk and curbed landscape bulb -outs
along River Avenue to facilitate pedestrian accessibility.
C. City desires to engage Consultant to prepare plans and specifications for the
River Avenue Pedestrian Coastal Access Improvements.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Marie
Marston, P.E.
F. 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 above written date, and shall
terminate on the 30 day of September, 2009, 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. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
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. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
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 to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
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 Eighty -Five Thousand
Five Hundred Thirty Dollars and no /100 ($85,530.00) 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.
4.1 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) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse. Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
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limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 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
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, P.E. to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to the Project without the prior written consent of
City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
PATRICK ARCINIEGA shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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, or 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.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
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
attorney's 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. 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 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.
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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 and /or his /her
duly authorized designee 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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees 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
the laws of the State of Califomia for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
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Workers' Compensation policies must be received by City.at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses. arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of two million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
I. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional 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.
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 cotenancy,
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
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor.. Nothing in
this Agreement shall create any contractual relationship between City and
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
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otherwise required, by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the 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
Each and every report, draft, map, record, plan, document and other writing
produced (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. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image 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. COMPUTER DELIVERABLES
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
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of AutoCAD used by CITY in ".dwg" file format on a.CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of. Microsoft Word and
Excel.
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 authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
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 contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work 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.
23. 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
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shall have an immediate right to appeal to the City Manager or his /her 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.
24. 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 paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
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Attn: Patrick Arciniega
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3347
Fax: 949- 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Marie Marston, P.E.
Company Civil Works Engineers
3151 Airway Avenue, Suite S -2
City, State Zip Costa Mesa, CA 92626
Phone: 714.966.9060
Fax: 714.966.9085
28. TERMINATION
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.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. 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.
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30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
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37. 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 of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APP VED AS TO FORM:
7�_
City Attorney
for the City of Newport Beach
ATTEST:
im
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
CONSULTANT:
M
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
i[!
EXHIBIT A
Civil Works Engineers
August 18, 2008
Patrick Arciniega
Senior Civil Engineer
City of Newport Beach
3333 Newport Blvd.
Newport Beach, CA 92658
Subject: River Avenue— Balboa Boulevard to Street End ( -56d' Street)
Street Narrowing, New Sidewalks & Bulbouts
Dear Patrick
Thank you for the opportunity to continue working on the River Avenue Improvement Project. We
understand the City would like to proceed with final design for improvements to River Avenue from Balboa
Boulevard to the street's end and to 48'", 49h, 50d', 52nd, and 53m streets from River Avenue to Neptune
Avenue. The following outlines our understanding of the project, our scope of work, and fee.
A. Detailed Description of the Services to be Provided
The City would like to construct new sidewalk and curbed landscaped bulb -outs by narrowing River
Avenue. The existing curb to curb width on River Avenue is 40' and the existing right of way line to right
of way line is 60'. The proposed street width would generally consist of the existing 20' half street for the
north half and one -13' lane on the south half. The curb along the south side of the street would be moved
toward the centerline by approximately 7'. Two 8' parking bays are proposed on the south side on either
side of 49d' Street. Generally, a 6' sidewalk with landscaped parkways of 5' and 6' on each side of the
sidewalk would be developed adjacent to the south curb. The curb along the north side of the street is
proposed to remain as existing, except at 49th Street where a bulb -out would be constructed. The curb -to-
curb street width on River Avenue at 491h Street would be 25'. The existing stop sign at this location will be
maintained.
As part of the project, the City would like to initiate one -way movement for several of the numbered
streets, excepting 47th which is already one -way. Both 516 and 54d'would remain as is with two -way
traffic. The other streets, 48h, 49th, 50th, 52nd, and 53rd would be revised to be one -way such that they
could be narrowed by 2' allowing a 5' sidewalk instead of the existin? 3' sidewalk. The streets which traffic
flows toward River Avenue would be 47"' Street, 49'h Street, and 53 Street. The streets which traffic
flows toward Neptune Avenue would be 481h Street, 50th Street, and 52nd Street.
At the southeast end of River Avenue, there are several properties which have private improvements
within the public right of way. The City intends to utilize their right of way and as such, these private
improvements would need to be modified to fit within private property.
Scope of Work:
We propose to perform the work in three tasks as follows
3151 Airway Avenue, Suite 5 -2 Costa Mesa . CA . 92626
T 714.966.9060 F 714.966.9085
Task 1 Coordinate with Bush Surveys for updated Survey & Base Map
Task 2 Final Engineering - Preparation of Construction Documents
Task 3 Construction Engineering Assistance
Civil Works Engineers shall complete the following tasks:
Task 1 — Coordinate with Bush Surveys for Updated Survey & Base Map
Bush prepared the original survey under separate contract with the City. Some additional work is required
from the surveyor in order to complete the final engineering. First, the point file needs to include an
electronic description of each of the points. During preliminary engineering, we received a hard -copy file
for point descriptions. From discussion with the City, we understand the surveyor will complete the
addition of electronic file descriptions for our use. Also, we need detailed existing survey information for
each of the private properties which are currently encroaching upon City right -of -way. Our construction
drawings will require precise and detailed information for this area. Lastly, we need all of the surface utility
features located. This includes valve covers, manholes, meter boxes, etc.
Task 2 — Final Engineering — Preparation of Construction Documents
The City- approved conceptual engineering layout will be used as the basis for final design and the
preparation of plans, specifications, and construction quantities. The plans as presented at the public
meeting on August 7, 2008 at the Lido Sands club area are understood to be the approved concept
drawings. It is anticipated our construction plan set will include the following sheets:
• Title
• Typical Cross Sections
• Layout& Profiles
• Off -Site Improvements & Details
• Construction Details
• Signing & Striping
• Traffic Handling / Staging
• Irrigation Plan & Details
• Planting Plan & Details
The City has requested the landscape and planting plans to be a part of our contract. As such, David Volz
Design is a part of our team for this work. Landscape and planting plans will be prepared for the parkways
for the south side of River Avenue from Balboa Avenue on the east and JoAnne Way on the west. The
work will include the north side for the bulb -out area at 491h Street and the section from Lido Sands Drive
to Balboa Avenue.
It is assumed that modifications to existing utility facilities will be limited to adjustment to grade of boxes,
manholes, etc. We have also assumed that an erosion control plan and /or WQMP is not necessary.
A drainage study and report is not included as we do not anticipate the drainage flows being significantly
affected with the proposed project.
We will coordinate with the utility companies for modifications necessary to their facilities. We will work
the utility company to coordinate any necessary work on their part. Minor grade issues of adjusting boxes
or manholes to grade may be included in our plans. We do not anticipate preparation of plans for
revisions to the existing utilities.
We will coordinate with the City and DVD and attend up to four meetings during this task.
A construction quantity cost estimate and specifications will also be prepared. We will respond to City
comments and expect a maximum of three submittals (50%, 75%, and final).
31 51 Airway Avenue, Suite S -2 Costa Mesa . CA . 92626
T 714.966.9060 F 714.966.9085
Task 3 — Construction Engineering Assistance
Civil Works Engineers will provide support during construction to clarify questions, respond to RFIs, review
shop drawings, attend 4 field meetings, perform 4 site visits, review the final construction to create a
punchlist, and create final as -built plans.
B. Personnel
The following personnel will be assigned to this project in the positions indicated
Marie Marston, P.E.
David Grantham, P.E.
Francois Zugmeyer, P.E
Jeremy Schneider
Happi Loeb
David Volz
Jay Brown
C. Hours & Fee Estimate
Principal -In- Charge / Project Manager
Project Engineer
Support Engineer
CADD Designer
Administration
Landscape Architect
Landscape Architect
See the attached estimate of labor hours by task and subtask. Our fee to complete the above work is:
Task 1 — Coord with Bush Surveys $ 1,530
Task 2 — Final Engineering — Const Docs $68,830
Task 3 — Construction Engr. Assistance $12,170
Other Direct Costs $ 3,000
TOTAL FEE $85,530
Exclusions
The following items will not be included in our scope of work:
Field Survey
Utility Modification / Relocation Design
Geotechnical Investigation Study
Drainage Study and Report
Traffic Study Volumes and One -Way Streets
Coastal Commission Coordination and Permit
Erosion Control Plans, WQMP, SWPPP
Signal Modification Plans
If you have any questions please call. We look forward to working with you.
Sincerely,
Ao-�, *&-,4`
Marie Marston, P.E.
President
3151 Airway Avenue, Suite S -2 Costa Mesa . CA . 92626
T 714.966.9060 F 714.966.9085
CLIENT:
City of Newport Beach
Civil Works Engineers, Inc.
PROD:
River Avenue - Balboa Boulevard to Street End ( -56th Street)
PROJECT LABOR ESTIMATE
JOB NO:
311 -03.08 - Final Engineering
DATE:
08/18/08
Class
Position /Name A
B C
D E
F
G H I J Hours
Total
A
Principal
6
Senior Project Manager:
fib
66
$9,960:
C
Project Manager /Senior Project Engineer
�D -
Project Engineer
246
::246:,
$27,060'
E
.
Staff Engineer / Senior Designer
.
..
.
F
.Juinlor- Engineer If /Designer
..
"212
212 :'
$19,080,
G
Junior Engineer I / CADD Technician
H
Adrtiinistra €ive:Suppor{ :.
:16 ' . :. 16 , .
;$9&0.::
I
Survey Office Work
J
. Survey Field Crew.
Totals
66
246
212
16 540
$57,000
Task
No.
Function Description A
B C
D E
F
G H I J Hours
Total
Task 1 - Coordinate with Bush Surveys for Updated Survey & Base Map
Coordinate with Citys Surveyor - Bush
1
4
5
$590
Add Information to Base Map
2
8
10
$940
$1 ,530
2 - Final Engineering - Construction Documents
Title Sheet
1
2
4
7
.$730
,Task
Typical Goss Sections (2 sheets)
1
8
8
17
$1,750
Layout & Profiles (6 sheets)
8
42
84
134
$13,380
Street Construction Details (2 sheets)
2
16
24
42
$4,220
Off -Site Construction Details (2 sheets)
2
24
40
66
$6,540
Signing for Conversion to One -Way Streets
1
8
4
13
$1,390
Striping
1
8
4
13
$1,390
Traffic Handling / Staging
1
12
12
25
$2,550
Cost Estimate / Bid List
1
4
5
$590
Field Review wl City
6
6
12
$1,560
Specifications
4
16
8 28
$2,840
Respond to Comments -50% & 75% Submittals
4
24
20
48
$5,040
Assemble Bid Package
1
8
4
4 17
$1,630
Meetings (4)
12
12
24
$3,120
Coord w/ City & DVD
4
16
4 24
$2,600
DVD Design
$19,500
$68,830
Task 3 - Construction Engineering Assistance
Pre - Construction Meeting (1)
3
3
6
$780
Field Meetings (3)
3
9
12
$1,440
Site Visits (4)
4
8
12
$1,480
Respond to RFis
6
12
18
$2,220
Field Walk for Punch Ust
4
4
$440
As -Built Plans
1
4
8
13
$1,310
DVD Design
$4,500
$12,170
Subtotal
$82,530
Other Direct Costs
$3,000
Total Cost
$85,530
Exclusions
Field Survey, Monumentation, Corner Records, Construction Survey
Utility Modification /Relocation Design
Non - Standard Retaining Wall Design
Drainage Study & Report
Traffic Study - Volumes and One -Way Streets
Geotechnical Investigation / Study
WQMP /SWPPP
Erosion Control Plans
Signal Modification Plans
EXHIBIT B