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HomeMy WebLinkAbout10 - Streetlight Replacement ProgramCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 November 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 - 644 -3316 or pauscher@newportbeachca.gov SUBJECT: FY 2010 -2011 STREETLIGHT REPLACEMENT PROGRAM — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH JMDIAZ, INC. ISSUE Staff requests approval of a professional services agreement to hire a consultant to design the FY 2010 -2011 Streetlight Replacement Program project. RECOMMENDATION Approve a Professional Services Agreement with JMDiaz, Inc. (JMD) of City of Industry, California, for design and construction support services at a not -to- exceed fee of $65,840.00, and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION As part of the City's Fifteen Year Streetlight Master Plan, the FY 10 -11 Streetlight Improvement Program will be upgrading the City's streetlight system at the following four general locations: 1. Mariners Community (Streetlight Circuit No. SLD0072); 2. Dover Tract (Streetlight Circuit No. SLD0073); 3. Harbor Island Community (Streetlight Circuit No. SLD0168); and 4. Bayside Drive (Streetlight Circuit No. SLD0169). The project calls for the removal and replacement of approximately 150 streetlights and the installation of approximately 30,000 linear feet of new electrical conduit and wiring to convert the existing streetlight circuits from series to parallel. Furthermore, this project will include implementation of additional energy efficient technology such as LED .lights to the City's streetlighting system. On September 21, 2010, staff invited four firms to submit a proposal for the streetlight improvement project; three proposals were received on October 13, 2010. A team of Public Works staff members familiar with streetlight projects independently reviewed the proposals and evaluated each firm's qualifications, past experience on FY 2010 -2011 Streetlight Replacement Program JMDiaz, Inc. Professional Services Agreement November 23, 2010 Page 2 similar projects, and availability before ranking JMB the highest. Upon selection, staff negotiated with JMD to provide design and construction support services for a not -to- exceed fee of $65,840.00. JMD has satisfactorily completed similar streetlight projects for the City and other Southern California agencies in the past. The scope of JMD's professional services includes the following: • Preliminary design, which includes field reconnaissance, utility coordination, and design recommendations. • Design, which includes the preparation of construction documents. • Post design, which include bidding and construction support services. ENVIRONMENTAL REVIEW Engineering design services are not projects as defined by the California Environmental Quality Act (CEQA) Implementing Guidelines, and therefore do not require environmental review. FUNDING AVAILABILITY Sufficient funds are available in the following account for the project. Account Description General Fund Prepared by: Peter Tauscher Junior Engineer Attachment: Professional Services Agreement Project Location Map Account Number Amount 7013- C2202000 $ 65,840.00 Total: $ 65,840.00 Submitted bv: LOCATION MAP NOT TO SCALE FY 2010 - 2011 STREETLIGHT REPLACEMENT PROGRAM CONTRACT NO. 4605 N Qo �� LOCATION 1: MARINERS COMMUNITY LOCATION 2: DOVER TRACT EAS Cp ) N o WY N SST CpAST HNy b a 0 LOCATION 3: HARBOR ISLAND COMMUNITY LOCATION 4: BAYSIDE DRIVE PROFESSIONAL SERVICES AGREEMENT WITH JMDIAZ, INC. FOR FY 2010 -2011 STREET LIGHT IMPROVEMENT PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made and entered into as of this day of _ , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and JMDIAZ, INC., a California corporation ( "Consultant "), whose address is 18645 East Gale Avenue, Suite 212, City of Industry, CA 91748 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 improve four streetlight circuits at various locations throughout the City. C. City desires to engage Consultant to prepare construction documents for the Streetlight Improvement Project ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Steve Itigaki. 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 December 31, 2011 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 ( "Work" or "Services'). 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 the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner 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 Sixty -Five Thousand, Eight Hundred Forty Dollars and no /100 ($65,840.00) 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 limited and include nothing more than the following costs incurred by Consultant: Professional Services Agreement Page 2 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 Steve Itagaki 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. Iris Lee or her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: Professional Services Agreement Page 3 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. 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 Professional Services Agreement Page 4 (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, 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. 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. 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. Professional Services Agreement Page 5 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof 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. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements. I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Professional Services Agreement Page 6 i Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 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, blanket contractual liability. 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 accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and 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 subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification Professional Services Agreement Page 7 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. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. 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 The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization 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. Professional Services Agreement Page 8 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. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. 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. 20. 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. 21. 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. 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 Professional Services Agreement Page 9 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 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. 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 paragraph 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 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. 26. 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: Attn: Peter Tauscher Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3316 Fax: 949 - 644 -3318 Professional Services Agreement Page 10 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Steve Itagaki JMDiaz, Inc. 18645 East Gale Avenue, Suite 212 City of Industry, CA 91748 Phone: 626- 820 -1137 Fax: 626- 820 -1136 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 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. Professional Services Agreement Page 11 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. 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. Professional Services Agreement Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY r By: Leonie Mulvihill Assistant City Attorney 1\6 ATTEST: By: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, A California municipal corporation Keith D. Curry, Mayor CONSULTANT: JMDIAZ, California corporation 0 Juan M. Diaz, P.E. President and Treasurer Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates INC., a Professional Services Agreement Page 13 EXHIBIT A �y6WYOYT City of Newport Beach FY 10 -11 Streetlight Improvement Project Excel, respectively. The electronic files of the bid items and construction cost estimates will be included in the aforementioned CD. JMD will utilize existing information available from the City to begin any design work. This information will be augmented and updated, where required. Because they are typically on a project schedule's critical path and may require substantial lead time, the following tasks will begin immediately upon receipt of Notice to Proceed: • Research and Data Collection • Utility Identification and Coordination • Identification of Design Requirements JMD will coordinate with the City of Newport Beach staff responsible for review of design elements of the 75 %, 90 %, 100% and Final Approval plans as we are working on them. Draft copies of this work will be submitted for significant work items before the milestone submittal date with follow -up meeting to solicit input. This early coordination gives us a clear understanding of what the reviewers expect while giving the reviewers a preview of what will be submitted before the actual submittal is made. Design of street lighting improvements on existing facilities in typically highly urban settings, including areas within the project limits, present some unique issues and requires experienced design techniques. Based on our past experience, we understand the complexity of replacing and refurbishing existing street lighting facilities while maintaining basic services and minimizing impacts to adjacent properties, landscaping and sidewalk areas. We believe that the success of any project will depend up adequately addressing the project's key issues during the project development process and preparation of the preliminary and final plans and estimates package. Once the preliminary phase work tasks have been completed, reviewed and approved by the City, JMD will incorporate comments and begin work on the final design phase, which includes the preparation of final plans, specifications and estimates. Scope of Work Our proposed work plan has been specified as follows: Phase I - Preliminary Design Task 1 -1- Project Administration, Meetings and Coordination The JMD Team will meet with City staff and confirm the project scope, establish key communication personnel, refine time schedules and finalize design criteria. After review of the process to be followed, agreement on the design concept and schedule will be reached. This will avoid confusion and delays later in the project development process and facilitate timely review and approval of submittals. A total of five (5) meetings between the City and JMD will be held to keep all parties informed, resolve issues and successfully complete the project. We anticipate no portions of the project are located within State right -of -way nor will require any special permitting. Task 1 -2 - Research/Data Collection/Utility Coordination JMD will obtain documentation and electronic files available from the City pertaining to this project. We will assemble, sort and review existing available information on the project area, including "as- built" plans, maps, studies, existing right -of -way and utility information in order to become familiar with the project, ascertain the completeness and accuracy of available information and determine additional information requirements. Base plans will be prepared from the information obtained from the City. Field reviews will be performed with City staff to verify that existing information is correct or to identify existing facilities unavailable during research. This task involves identifying surface topographic features and utilities to be included into the plans which may be necessary for the street lighting design. This task also includes reviewing design issues and identifying topographic constraints which may impact the proposed design. Due to the straightforward nature of the project, field review(s) for the project could consist of the following: N JMD V4 vk�vak;l City of Newport Beach FY 10 -11 Streetlight Improvement Project The project site will be field inventoried to determine existing and proposed locations of street lighting equipment, right -of -way, sidewalk and miscellaneous topographic features. Any recommended additions or deletions to the project will be developed at this time. A recommendation will be made regarding improvements necessary to achieve the City's objectives. JMD will provide field base mapping and utility clarifications during field reviews. JMD will coordinate with City staff to identify existing underground and overhead utility lines that may interfere with the location of street lighting equipment. For electrical services, JMD will assist City staff in coordinating with Southern California Edison Company for the new service cabinet(s) within the project limits. JMD will provide utility notices and coordination of plan review, approval, and adjustment, if any, with utility agencies. Conducting detailed field surveys as well as preparing base mapping and right of way engineering is not included in this proposal. JMD will utilize available mapping and other electronic data of existing features provided by the City. Phase II - Design Task II -1- 75% Preliminary Plans After review and approval of the detailed recommendations, JMD will prepare preliminary construction plans for the proposed street lighting improvements. In addition, plans will comply with the regulations and standards of the City. The following outlines the specific details of the design plans: Title Sheet JMD will prepare a title sheet containing a vicinity map, general notes, construction legend, list of affected utilities, a drawing list and other details covering the project limits. Street Lighting PlanslOetails JMD will prepare detailed street lighting plans in AutoCAD 2007 file format at a scale of 1 "=40' using the City - provided title block. These plans will identify existing and proposed street lighting features as well as pertinent details. Deliverables The following are the estimated plan sheets and quantities proposed for the project: Title Sheet O. 1 Street Li htin Plans 16 Street Lighting Details 1 Total 18 We understand all blueprinting, photocopying and other related services will be coordinated through Mouse Graphics, which is the City's contracted reproduction company. Task II -2 - Construction Bid Items, Specifications and Cost Estimate JMD will prepare a list of construction bid items, specifications and construction cost estimates for the project elements, which will include a proposed item list, estimated quantities, and current unit cost resulting in line -item cost estimates. At the first plan check, a preliminary cost estimate will be developed for comparison with previous project budget estimates. Back -up of cost estimate calculations showing quantities and unit costs per sheet will be provided to the City for review with each submittal. During final design, JMD will prepare a final estimate to validate construction bids by contractors during the bidding process. JMD will submit preliminary plans, specifications, and construction cost estimates (PS &E) for the 75 %, 90 %, and 100% milestones to the City for review. Task II -3 - Voltage Drop Calculations To ensure the correct conductor sizing, JMD will prepare voltage drop calculations for the improvements. The calculations will be prepared in an Excel spreadsheet format. Based on the National Electrical Code (NEC), the maximum recommended voltage drop for a combination of both branch circuit and feeder circuit should not exceed 5 %. This methodology has been successfully utilized in previous projects with the City of Newport Beach and will continue with this project unless the City determines a different value. Task II 4 - Energy - Efficient Alternatives JMD will assist the City by providing research and product identification for LED luminaires. A total of two (2) recommendations for alternative LED energy- ::JMD 1v -5 i �Fxlp• i City of Newport Beach FY 10 -11 Streetlight Improvement Project efficient solutions will be provided. The alternatives will also include cost estimates for City consideration. We understand the City is currently undergoing an update to the Standard Plans and Specifications which include energy - efficient luminaires. We will work with City staff to determine the use of these luminaires or to procure alternatives. Task II -5 - Structural Calculations on Non - Standard Foundations (Total of 4) JMD will provide a total of four (4) structural calculations for non - standard streetlight foundations. For this effort, we have procured CHO Design Associates, Inc. to provide the calculations. JMD assumes the load requirements will be provided by the City. Task II -6 - Photometric Calculations for Each Location (Total of 4) JMD will prepare a total of four (4) photometric calculations for existing and proposed lighting conditions. The calculations will be prepared for each of the four circuit conversions. Phase III - 90% Design Task III -1- AddressMcorporate Comments and Prepare 90% Submittal JMD will address and incorporate the 75% review comments provided by the City departments for the project. JMD will then prepare and submit the 90% level package. Phase IV -100% Design Task IVA - Address /Incorporate Comments and Prepare 100% Submittal JMD will address and incorporate the 90% review comments provided by the City departments for the project. JMD will then prepare and submit the 100% level package. Phase V - Final Approval Design Task V -1- AddressMcorporate Comments and Prepare Final Approval Submittal JMD will address and incorporate the 100% review comments provided by the City departments for the project. JMD will then prepare and submit the Final Approval level package. JMD will submit sealed original ink on mylar plan sheets and digital engineering plans and drawings on compact disk (CD) in AutoCAD format; sealed original hard copy and CD in MS Word format of the bid items, cost estimates, calculations and notes generated by the project. The following are the proposed deliverables: • One (1) set of original signed and sealed title sheet on 24 "x36" mylar medium, construction bid items, specifications and cost estimates. • One (1) set of original street lighting plans and detail sheets on 24 "06" bond medium to be submitted to the City through the City's reproduction company. • Digital files of project plans in AutoCAD 2007 or later format on CD medium. Phase VI - Construction Engineering Assistance Upon the City's request, JMD will assist the City with the following: • Attend pre -bid and pre-construction meetings (2 meetings); • Review shop drawings and other submittals; • Monitor construction progress, advising the City with respect to the contractor's general conformance to drawings and specifications, visiting the site, and making field recommendations (1 meeting); • Revising the drawings and /or special provisions; • Preparing Addenda to the specifications; • Preparing "as- built' drawings. :: JMD IV-6 EXHIBIT B JMD Cost Summaryt, FY 10.11 Streetlight Improvement Project City of Newport Beach Submitted by: JMD October2l, 2010 PROJECT -1 Project Administration /Meetings /Coordination' 1 16 12 29 $300 $3,100 'Deliveries /Mileage /Reproduction I.2 Research /Data Collection /Utility COOrdinatlon PHASE 11 - 76% DESIGN 1 24 40 32 97 $300 $6,fi30 "DeliveneslMileage /Reproduction II -i Title Sheet, Plans, Detail Sheet (18 sheets) 1 4 90 780 8 283 $300 $21,160 ' Delivenes/Mileage/Reproductian II -2 Construction Bid Items, Specifications and Cost Estimate 1 2 24 8 35 $200 $3,160 ' Deliveries/Mileage /Reproduction 113 Voltage Drop Calculaticns` 1 12 4 17 $100 $1,490 'Deliveres /Mileage/Reproducton 114 Energy - Efficient Altemafives' 1 16 2 19 $100 $1,760 ' Delivenes/Mileage/Reproduclion 14 Structural Calculations on Non - Standard Foundations (Total of 4) 1 6 7 $1,500 $2,460 ' CHO Design Associates, Inc. 113 kS Photometric Calculations for Each Location (Total of 4) 11 .90% DESIGN 1 24 4 29 $200 $2,670 - Deliveries /Mileage/Reproduction III -1 I s Comments and Prepare 90% Design 7 3 40 80 8 132 $200 $9,930 " Deliveries/Mileage/Reprotluction PHASE IV rr - 100 DESIGN IV-1 PHASE Addre$sllncorporate Comments and Prepare 100% Design V . FINAL APPROVAL DESIGN 1 2 20 40 8 71 $200 $5,400 ' Deliveries/Mileage /Reproduction V-1 AddressJWrporate Comments and Pre pare Final Approval of Plans 1 7 10 20 8 40 $200 $3,070 ' Delivenewmaeage/Reproduclion PHASE VI - CONSTRUCTION ENGINEERING ASSISTANCE VI-1 Bidding and PreconsWCtian Assistance 7 a 2 7 $200 $780 'Deliveries /Mil sage lRepro ductlon VI -2 Shop Drawing /Submittals Assistance 1 4 2 7 $580 VI -3 Construction Assistance 1 4 2 7 $200 $780 'Deliveries /Mileage /Reproduction VI-4 Plans and Specifications Revisions/Addenda 0.5 1 4 8 2 15.5 $200 $1,390 ' Deliveries/Mileage /Reproduction VI-5 As -Built Plans 0,5 1 4 8 4 17.5 $200 $1,480 'Deliveries /Mileage /Reproduction TOTAL ESTIMATED LABOR HOURS 8 43 2801 376 106 813 TOTAL ESTIMATED DESIGN COST $65,840 Notes: a Assumes five (5) meetings for the entire project b Rates are subject to a 6% annual increase on January 1. c Voltage drop calculations will be performed for the new lighting circuits. d A total of 2 alternatives will be provided.