HomeMy WebLinkAboutC-7539-2 - PSA for Engineering Design Services for the Water Main Transmission Main Valve Replacement - Phase 2 and Alta Vista Regulator Relocation ProjectAMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR ENGINEERING DESIGN SERVICES FOR THE WATER
MAIN TRANSMISSION MAIN VALVE REPLACEMENT - PHASE 2 & ALTA VISTA
REGULATOR RELOCATION PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 24th day of March, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PSOMAS, a California corporation
("Consultant"), whose address is 3 Hutton Centre Drive, Suite 200, Santa Ana, California
92707, and is made with reference to the following.-
RECITALS
ollowing:
RECITALS
A. On September 24, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") for professional engineering design services for the
Transmission Main Valve Replacement - Phase 2 and Alta Vista Regulator
Relocation Project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to this Amendment No.
One shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Sixty Four
Thousand Eight Hundred Sixty Eight Dollars and 001100 ($264,868.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighty Two Thousand Eight Hundred Forty Eight Dollars and 00/100 ($82,848.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
PSOMAS Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: V 0,12-o
By:
Aaron C. Harp
City Attorney
ATTEST:
Date: �, Al
444� fps
Leilani I. Bro
City Clerk ,% ;P::0ZN
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 3/Z S"/2o Z d
By: ,Gd/
Will O'Neill
Mayor
CONSULTANT: PSOMAS, a California
corporation
Date:
in
Signed in Counterpart
Joseph L. Boyle
Vice President
D OF SIGNATURES]
ape of Services
Exhibit B — Schedule of Billing Rates
PSOMAS Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: 41—
Aaron C. Harp V" 3 -1
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date.-
By:
ate:
By:
Will O'Neill
Mayor
CONSULTANT: PSOMAS, a California
corporation
Date: )2 Zp
By: ; �� A r
I e L. Boyle '
Vie resident
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
PSOMAS Page 3
EXHIBIT A
SCOPE OF SERVICES
ENGINEERING DESIGN SERVICES FOR THE
WATER TRANSMISSION MAIN VALVE REPLACEMENT - PHASE 2 & ALTA VISTA
REGULATOR RELOCATION PROJECT — AMENDMENT NO. 1
Amendment No. 1 additional services to include additional design/drawings for the following
changes to the project:
16th Street Reservoir and Pump Station (Attachment A)
Replace two 36 -inch butterfly valves (BFV's) located within a concrete vault at the 16th Street
pump station. This item excludes any improvements to the vault and vault appurtenances. The
vault is to be protected in place.
Jamboree Road and Back Bay Drive (Attachment B)
This work is based on the City's 90% review comments on Sheet 10. The work includes
abandonment of a 10 -inch DIP water main in Jamboree Road from PCH to Back Bay Drive and
connection of the existing 12 -inch ACP and 10 -inch DIP water mains to the existing 30 -inch
RCSCP water main at the intersection of Jamboree Road and Back Bay Drive.
Big Canyon Reservoir Control Building Basement (Attachment C)
• Replace 48 -inch BFV that controls CM -8 flow. Install new electronic actuator and
demolish the existing hydraulic lines.
• Replace 36 -inch influent/effluent by-pass BFV. Install new electronic actuator and
demolish the existing hydraulic lines.
• Demolish hydraulic pump and associated electrical.
• Replace 30 -inch BFV valve on the Zone 2 effluent line.
• Replace 12 -plus feet of 30 -inch and 12 -plus feet of 48 -inch effluent steel pipe coming
out of the basement.
• Work at the BCR control building excludes structural engineering.
15th and Irvine Ave
• Valve # N07094
• Remove vault and replace 18 -inch BFV with a new 30 -inch BFV.
San Miguel iust South of Eastgate/Spyglass Hills Road
• Valve # N 13 072
• Remove vault and replace piping. Re -install existing 12 -inch gate valve.
PSOMAS Page A-1
PCH Oust East of Jamboree
• Valve # L10 132
• Remove vault and replace 30 -inch BFV. This valve needs to be replaced prior to the work
in the Jamboree/PCH intersection.
The following table presents the list of anticipated drawings for the additional work.
Table I — Additional Drawings
Item
Description
1
16th Street Pmip Station — Location NL-ip and Demolition Plan
'
16th Street Puna Station — Valve Re laceinent Plan and Section
3
Jamboree Rd and Back Bav Drive — Location Map and Pipeline hii rovenient Pian
4
15th and Irvine Ave— Location Map nd Valve Demolition Plan
5
15th and In ine Ave — Valve Replacenient Plan and Section
4
San Miguel s o Eastgate S vsrlass Hills Road— Location Map acid Demolition Plan
7
San Miguel s o Eastgate 'Spyglass Hills Road— Valve Replacenient Plan and Section
S
PCH e o Jamboree Road — Location Map and Demolition PW1
9
PCH e o Jamboree Road — Valve Replacement Plan and Section
10
BC'R Control Building Basement — Demolition Pians
11
BC'R Control Building Basement —'-Mechanical Im rovemeat Plans
1'
BCR Control Building Bamnent — N-lechanical hu rovement Sections
13
BC'R Control Building Basement - Details
14
Electrical S rmbol List & Abbreviations
15
Instnunentation and Controls Legend
16
Power and Instnunentation Plan
17
Motorized Valve Control Schematic Diagram and PLC 10 It'a-ing Diagram
18
Control Panel Backpaauid Door Layout
19 1
Piping & Instnunentation Diagram
Base maps for the new locations shall be compiled using record drawings and thorough site
visits to confirm existing facilities and configurations of the existing valves and components.
Consultant shall reconcile any discrepancies noted to finalize the base maps for each valve
location. A topographic survey is not included in this additional scope of services, and as such,
the accuracy of the drawings will be commensurate with the availability and accuracy of existing
record drawings. This additional work will be included in the 100% PS&E review submittal.
PSOMAS Page A-2
Consultant anticipates submitting the 100% PS&E eight (8) weeks after the receipt of the
notice to proceed.
The work shall be completed in accordance with the current agreement, Contract No. C-7539-2,
including task descriptions and deliverables. Consultant understands the City does not require
assistance for Task 6 Bidding Phase Assistance and has asked Consultant to include preparation
of as -built plans. Consultant has added the following task to complete as -built plans for the
additional sheets presented in Table 1:
Task 7 Prepare As -built Plans
Consultant shall incorporate the Contractor's as built redline comments and prepare
As -built Plans for the plan sheets listed in Table 1.
Deliverables: A PDF of 24"x36" drawings and electronic version of the documents in
AutoCAD 2018 format.
PSOMAS Page A-3
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EXHIBIT B
SCHEDULE OF BILLING RATES
ENGINEERING DESIGN SERVICES FOR THE
WATER TRANSMISSION MAIN VALVE REPLACEMENT - PHASE 2 & ALTA VISTA
REGULATOR RELOCATION PROJECT — AMENDMENT NO. 1
Cost of additional Services provided under Amendment No. One shall not exceed
$82,848.00.
PSOMAS Page B-1
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
ENGINEERING DESIGN SERVICES FOR THE WATER MAIN TRANSMISSION
MAIN VALVE REPLACEMENT - PHASE 2 & ALTA VISTA REGULATOR
RELOCATION PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 24th day of September, 2019 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and PSOMAS, a California corporation ("Consultant'), whose address is 3 Hutton
Centre Drive, Suite 200, Santa Ana, CA 92707, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional engineering design
services for the Transmission Main Valve Replacement — Phase 2 and Alta Vista
Regulator Relocation Project ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty Two
Thousand Twenty Dollars and 00/100 ($182,020.00), without prior written authorization
from City. No billing rate changes shall be made during the term of this Agreement without
the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
PSOMAS Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Nancy Baker to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
PSOMAS Page 3
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (collectively, the "Indemnified Parties), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
PSOMAS Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
PSOMAS Page 5
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
PSOMAS Page 6
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
PSOMAS Page 7
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
PSOMAS Page 8
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at-
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Joseph L. Boyle, Vice President
PSOMAS
3 Hutton Centre Drive, Suite 200
Santa Ana, CA 92707
PSOMAS Page 9
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
PSOMAS Page 10
29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
PSOMAS Page 11
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
PSOMAS Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: q /1;�_,( q
By- —�
aron C. Harr om OCM71101
City Attorney
ATTEST: ??
Date-.—
By:
ate:
By:
bmvK—
Leilani I. Brown
City Clerk _fF.vcip..
CITY OF NEWPORT BEACH,
a California municipal orporation
Date C
By:`1�
Diane B. Dixon
Mayor
CONSULTANT: PSOMAS, a California
corporation
Date:
Signed in Counterpart
Joseph L. Boyle
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
PSOMAS Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
aron C. Har crcM Oall'1�11
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane
Mayor
B. Dixon
CONSULTANT: PSOMAS, a California
corporation
Date:_ I
By: By:tep.
�I
Leilani I. Brown Jooyl
City Clerk Vien
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
PSOMAS Page 13
EXHIBIT A
SCOPE OF SERVICES
The City desires to replace existing transmission main valves and other water facilities
including repair of a leaking pipe at BCR Z3 PS, as follows:
Valve •
1\710 078
Valve Dia/TypeDia/Type«
30-- BFV
30- NfLCCSP
«
Jamboree Rd— N. of Santa Barbara Dr
N10 OSO
20" BFV
10-- N.ELCCSP
Jamboree Rd— N_ of Santa Bart}ara Dr
Pl i 033
1S.- BFV
16" RCSC'P
Jamboree Rd —N. of Ford Rd
S12 006
1 S` BFB'
1 S-' NfLCCSP
J nboree Rd — N. of Universivv Dr
T1=' 021 4
1S'- BFV
1S-. N LCCSP
Jamboree Rd— S. ofBa,,-:ie.v uVa"_
1106 018
24-- BF -v_
24,. DIP
Neaport Blvd— S. of }S'e Street
I1? 15 +
IS" BF k.'
1 S., N LCCSP
E. Coast H ,v — at Hazel Dr
N1109121 1
IS-- BFB'
30" RCSCP
E. Coast H:S.7- — at Jamboree Rd
N109_122*
30-- BFT
Sri" RCSCP
E. Coast — at Jamboree Rd
N-108060
20-- BFV
30" CTS
Bayside VillageXIarin:,a
L13161
165'_ BFV
16-- Steel
Zone 3 PS at Big Can-. on Reservoir
L13 16_'
16" BFB'
16" Steel
Zone 3 PS at Bi? Can -von Reservoir
L13 163
1-"-- BFV
121-- Steel
Zone 3 PS at Big Canyon Reservoir
L13 164
1BFV
1'-- Steel
Zone 3 PS at Big Caw. -on Reservoir
Z3 Pipe Repair"
N A
1S-- 214'- Steel
Zone 3 PS at Big Cain -on Reservoir
PR Valve"
6-- Cla-Val
67' AC
Alta Vista PRS - Jamboree at Alder P1
Ex stuiQ valves and associated pipeline (IS" 30" diam) to be replaced ,trithin intersection. of E. Coast
H-�37,7 and Jamboree Rio.
-- Pressure reducing valve in vault on Jamboree is to be replaced and relocated from center median to
westerly puk-,va
* Repair leak in Big Canyon Reservoir drain line a14•e Vatilt located at Z3 PS.
Consultant shall provide the following engineering design services for the subject project.
All scope items listed below are included in the project fee, except where noted.
Task 1 Project Management and Meetings
Consultant's project manager and project engineer will conduct a kick-off meeting with
City staff. Consultant will review the scope of work and obtain any additional plans, record
maps and drawings, or utility information not already obtained. Consultant's Project
Manager will prepare the meeting agenda and provide meeting minutes and action items,
following the meeting. This task also includes attendance at two additional comment
review meetings. Consultant anticipates meeting after the 90% and 100% Submittals.
PSOMAS Page A-1
Task 2 Utility Records Research
Consultant will request record utility information from utility owners listed on the Dig Alert
website. Existing water, sewer and storm drain plans will be obtained through the City's
GIS.
Task 3 Preparation of 90% PS&E
Task 3.1 Preparation of Base Maps
A base map will be compiled using record drawings and through site visits to confirm
existing facilities and configurations of the existing valves and components. Consultant
will reconcile any discrepancies noted to finalize the base maps for each valve location.
For a majority of the project locations, a topographic survey is not included in our scope
of services, and as such, the accuracy of the drawings will be commensurate with the
availability and accuracy of existing record drawings. However, scope of services does
include performing topographic surveys of the following valve sites due to the complexity
of the design or the lack of availability of accurate as -built plans for the proposed
construction limits:
• Valves M09 121 and M09 122 in East Coast Highway at Jamboree Road: In
addition to replacement of two butterfly valves, this location includes
rep lacement/relocation of the existing 30 -inch and 18 -inch transmission mains
within the intersection. It is the Consultant's understanding the existing
transmission mains are over 60 years old and in poor condition (recent main
breaks have occurred), and therefore require replacement. Consultant
recommends that the entire intersection be surveyed so that plans will accurately
depict location of all utilities, valves, manholes, lane lines, signal loops, etc.
Accurate topo mapping will allow us to prepare profiles for the proposed
transmission main relocation. This will also allow the City's traffic control consultant
to prepare accurate traffic control plans for the proposed construction.
• Valve M08 069 in Bayside Village Marina (near E. Coast Hwy Bridge): The
existing butterfly valve is located inside a vault on the edge of the shoreline at
Bayside Village Marina. Consultant will provide topographic mapping to accurately
depict existing improvements including vault demolition, landscaped planter,
parking lot paving and parking spaces. Consultant assumes that the pipeline is
located within an easement in this area. Consultant has not included time to verify
the actual recorded easement location, but Consultant will show approximate
location in relation to the pipeline.
• Alta Vista Pressure Reducing Valve in Jamboree Road near Alder Place: The
existing 6 -inch pressure reducing valve and vault are to be relocated from the
center median to Basswood Street. A topo survey will provide accurate base
mapping demolition of the existing vault. A site visit to the proposed location of the
Alta Vista PRV to field measure existing improvements in area of proposed vault
location.
PSOMAS Page A-2
Task 3.2 Prepare Alternative Alignments for Transmission Main and Valve Replacements
in East Coast Highway at Jamboree Road
Prior to submittal of 90% plans for replacement of the 30"/18" transmission main and
valves M09_121 and M09_122 in East Coast Highway at Jamboree Road, Consultant will
prepare two alternative alignments (horizontal only, no profile) for review and acceptance
by the City. As discussed at the meeting on July 25, 2019, one alternative to be analyzed
includes relocation of the 30"/18" transmission main to the westerly side of the
intersection. An existing 8" gas line runs north/south on the west side of the intersection,
so adequate separation will need to be maintained from this utility. One of the key goals
will be to select an alignment that minimizes impacts to traffic and minimizes system
shutdown time. The old concrete highway section is located in the east bound lanes, so
the selected alignment should minimize pipeline trenching through this area.
Deliverables: A PDF of the alternative alignments
Task 3.3 Preparation of 90% Plans
Consultant's project team will prepare detailed civil and mechanical drawings in the latest
version of AutoCAD and in accordance with City drafting standards. Each plan sheet will
be on 24" x 36" sheets.
Deliverables: A PDF of the 24"x36" drawings
A listing of anticipated construction drawings is on the next page.
PSOMAS Page A-3
LIST OF ANTICIPATED CONSTRUCTION DRAWINGS
Plan Sheet
Description
1
Title Sheet
General Notes. Sheet Index. Vicinit- Ma , t 4: Sheet Index —N- la
Valves N10 078 & N10 080 — Jamboree Road. North of Santa
'
Barbara Dr — Site Demolition Plan and Sections
4
Valve N10078— Jamboree Road. North of Santa Barbara Dr —
Reiocation Plan and Section
Valve P11 033 — Jamboree Road. North of Ford Road -
Demolition,Repla,cenieut Site Plan and Sections
6
Valve S12 — 006 — Jamboree Road, North of University. Dr -
DemolitionRe lacement Site Plan and Sections
Valve T1? 024 — Jamboree Road. South of Bayview Wad; -
Demofition'Replacement Site Plan and Sections
4
`
Valve M06_018 — Ne wport Bl.7d. South of 28th Street
Demohtion,'Replacement Site Plan and Sections
9
Valve I12_137 — E. Coast Hwy at Hazel Drive -
Demolition -'Replacement Site Plan and Sections
10
Valve M09 12)1 & MOP _1 2 - E. Coast Hw i Jamboree mboree Rd -
Demolition Site Pfau
11
Valve M09 121 L4: hi09_1 }' - E. Coast H -w -v at Jamboree Rd -
Replacement Site Plan & Profile
1 }
Valve M09_1'1 & N109_12 2 - E. Coast H -w V. at Jamboree Rd -
Connections �t Valve Details
13
Valve 1 1108_0-69 — Bayside Village Marina - Demolition Replacement
Site Plan and Sections
14
Valves L13_16L L13_16I L13_163 and L13_16-4 — Big C anyon
Reservoir - Demolition -Replacement Site Plan
1
Valves L13_161_ L13_162, L13_163 and L13_164 — Bio Cannon
Reservoir - Demolition -Replacement Sections and Details
16
Pressure Reducing Valve — Jamboree Road at :elder Place —
Demoiition Site Plan and Sections
1'
Presswe Rediucing. Valve — Jamboree Road at Alder Place — Proposed
PR Station Sections and Details
18
BCR Z3 Drain Line - Pipeline DemoiReplacenieut Plan, Sections,
and Details-
etails19
19
Steel Pipe Joint Details
iiscellaneous Details
PSOMAS Page A-4
Task 3.4 Preparation of 90% Contract Documents
Prepare 90% complete contract documents, including bid proposal, front-end documents
and technical specifications. City will provide any updated front-end documents required
to compile the contract documents.
Deliverables: A PDF of the 90% contract documents
Task 3.5 Preparation of 90% Engineer's Opinion of Probable Cost
Consultant will prepare an itemized engineer's opinion of probable construction costs in
the form of the bid schedule at the 90% design completion level.
Deliverables: One copy of the 90% Engineer's Opinion of Probable Cost
Task 4 Preparation 100% PS&E
Task 4.1 Preparation of 100% Construction Plans
Consultant will address City's 90% design review comments and prepare the 100%
construction plans.
Deliverables: A PDF of 24"x36" drawings
Task 4.2 Preparation of 100% Contract Documents
Consultant will address City's 90% design review comments and prepare the 100% bid
proposal, contract documents and technical specifications.
Deliverables: A PDF of the 100% Contract Documents
Task 4.3 Preparation of 100% Engineer's Opinion of Probable Cost
Consultant will prepare an itemized engineer's opinion of probable construction costs in
the form of the bid schedule at the 100% design completion level.
Deliverables: One copy of the 100% Engineer's Opinion of Probable Cost
Task 5 Preparation of Final PS&E
Task 5.1 Preparation of Final Plans
Consultant will address City's 100% design review comments and prepare final signed
plans.
Deliverables: PDF of the Final 24"x36" drawings and signed title sheet on mylar
PSOMAS Page A-5
Task 5.2 Preparation of Final Contract Documents
Consultant will address City's design review comments and prepare a final set of
reproducible Contract Documents.
Deliverables: Electronic version of contract documents in MS Word
Task 5.3 Preparation of Final Engineer's Opinion of Probable Cost
Consultant will address City's design review comments and prepare the Final Engineer's
Opinion of Probable Cost.
Deliverables: PDF of the Final Engineer's Opinion of Probable Cost
Task 6 - Bidding Phase Services
Consultant will provide the following bidding phase services for the project:
Task 6.1 Attend Pre -Bid Meeting
Consultant will attend the Pre -Bid Meeting for this project.
Task 6.2 Addendum
Consultant will prepare up to one addendum for the project.
Exclusions
The following items are excluded from our scope of services, but can be provided upon
request:
• Traffic Control Plans
• Permitting — it is assumed that all project limits are within City right-of-way and therefore
all permits will be coordinated by City staff
• Geotechnical investigation
• Electrical design for PRS
• Utility relocation design
• Pothole investigation
• Boundary or Right-of-way survey
• Legal descriptions
• Cathodic protection design
• Construction phase services
PROJECT TEAM
Nancy Baker, PE will serve as the project manager, Ben Halbach, PE as project engineer
and Joe Boyle will provide overall QA/QC reviews. Resumes for each of these key staff
members can be furnished upon request.
PSOMAS Page A-6
EXHIBIT B
SCHEDULE OF BILLING RATES
Consultant shall provide engineering services to complete the Work a on an hourly basis
with the total fee not to exceed $182,020.00 as summarized in the table below.
PM - Project Manager (Nancy Baker, PE)
QC - Quality Control (Joe Boyle, PE)
PE - Project Engineer (Ben Halbach, PE)
CADD - CAD Designer
PA - Proiect Assistant
PSOMAS Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
PSOMAS Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
PSOMAS Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
PSOMAS Page C-3
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
PSOMAS Page C-4
Reyes, Raymund
From: EXIGIS RiskWorks <notifications@ riskworks.com >
Sent: Tuesday, October 15, 2019 11:07 AM
To: Reyes, Raymund
Subject: City of Newport Beach: Notice of Compliance for PSOMAS
Dear Business Partner,
The insurance documentation submitted on behalf of PSOMAS satisfies the minimum insurance requirements
for City of Newport Beach and has been verified as compliant.
No further action is required at this time. You will receive a renewal notice requesting updated insurance
documents in advance of expiration.
If you have any questions, please contact EXIGIS Risk Management Services at supportgexi ig s.com or 800-
430-1589.
Thank you for your cooperation and timely fulfillment of this important request.
Sincerely,
EXIGIS Risk Management Services
On behalf of City of Newport Beach
800-430-1589
supportcgexi is.com
Organizational Unit: City of Newport Beach -> Public Works
Agreement Name: Water Transmission Main Valve Replacement Ph 2 & Alta Vista Regulator Relocation
Design
Agreement Number: 7539-2