HomeMy WebLinkAboutC-7629-1 - PSA for Engineering Services for the Balboa Boulevard Median Improvements Project (19R11)I
AMENDMENT NO. THREE TO
N PROFESSIONAL SERVICES AGREEMENT
WITH DAVID EVANS AND ASSOCIATES, INC. FOR
ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN
IMPROVEMENTS PROJECT (19R11)
V
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 23rd day of December,
2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and DAVID EVANS AND ASSOCIATES,
INC., an Oregon corporation ("Consultant"), whose address is 2100 S. River Parkway,
Portland, OR 97201, and is made with reference to the following:
RECITALS
A. On February 25, 2020, City and Civil Works Engineers, Inc., a California
corporation, entered into a Professional Services Agreement for engineering and
design services for the Balboa Boulevard Median Improvements Project
("Agreement").
B. On May 3, 2021, City and Civil Works Engineers, Inc., a California corporation
entered into Amendment No. One to the Agreement ("Amendment No. One") to
reflect additional Services not included in the Agreement, extend the term of the
Agreement to December 31, 2022, to increase the total compensation, and to
update Insurance requirements.
C. On December 8, 2021, City and Civil Works Engineers, Inc., a California
corporation entered into Amendment No. Two to reflect additional Services not
included in the Agreement, as amended, to increase the total compensation and
update the Ownership of Documents section.
D. Pursuant to Amendment No. Two, City agreed to compensate Civil Works
Engineers, Inc., a California corporation a Not to Exceed amount of Two Hundred
Twelve Thousand Seven Hundred Forty Dollars and 77/100 ($212,740.77).
E. On July 1, 2022, the rights under the Agreement were assigned from Civil Works
Engineering, Inc. to David Evans and Associates.
F. The parties desire to enter into this Amendment No. Three to extend the term of
the Agreement to December 31, 2023.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2023, unless terminated earlier as set forth herein."
David Evans and Associates, Inc. Page 1
2. 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]
David Evans and Associates, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: j2/2Z/2-
By:
on C. Harp
City Attorney
ATTEST:
Date:
By: A �- 64.4hat , -
Leilani I. Brown
City Clerk
Pnr•F
r�
i
CITY OF NEWPORT BEACH,
a California u icipal corporation
Date: 20 Z
BydrLeung
ager
CONSULTANT: DAVID EVANS AND
ASSOCIATES, INC., an Oregon
corporation
Date:
Signed in Counterpart
Al Barkouli
Chief Executive Officer
Date:
By:
Signed in Counterpart
Marcus McGarity
Secretary
[END OF SIGNATURES]
David Evans and Associates, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Ti4/ Z/LL
By: 60
7 Harp
City Attorney
�\X
ATTEST:
Date:
is
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
CONSULTANT: DAVID EVANS AND
ASSOCIATES, INC., an Oregon
corporation
Date:
By:
Y
Al Barkouli
Chief Executive Officer
Date: \I \t 1 2-;5
By:
Marcus McG i
Secretary
[END OF SIGNATURES]
David Evans and Associates, Inc. Page 3
1
AMENDMENT NO. TWO TO
r PROFESSIONAL SERVICES AGREEMENT
V WITH CIVIL WORKS ENGINEERS, INC. FOR
ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN
IMPROVEMENTS PROJECT (19R11)
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 8th day of December, 2021
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and CIVIL WORKS ENGINEERS, INC., a
California corporation ("Consultant'), whose address is 3151 Airway Avenue, T-1, Costa
Mesa, CA 92626, and is made with reference to the following:
RECITALS
A. On February 25, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement') to engage Consultant to provide engineering and design
services for the Balboa Boulevard Median Improvements Project ("Project').
B. On May 3, 2021, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional Services not included in
the Agreement, extend the term of the Agreement to December 31, 2022, to
increase the total compensation, and to update Insurance requirements.
C. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to increase the total
compensation, and update the Ownership of Documents section.
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, Exhibit A to this Amendment No. One, and Exhibit
A to Amendment No. Two 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. Exhibit
B to the Agreement, Exhibit B to Amendment No. One and Exhibit B to Amendment No.
Two 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 Twelve
Thousand Seven Hundred Forty Dollars and 00/100 ($212,740.77), 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. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Twenty Four Thousand Three Hundred Seventy Six Dollars and 77/100 ($24,376.77).
3. OWNERSHIP OF DOCUMENTS
Section 17 of the Agreement is amended in its entirety and replaced with the
following:
"17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible for
the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses
arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
Civil Works Engineers, Inc. Page 2
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital `As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project."
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Civil Works Engineers, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: 12, Date:
By: 4P G �By:
a n C. Harp �� 4rc . Leung
Attorney 1a0VManager
ATTEST: CONSULTANT:
Date: M. %�� CIVIL WORKS ENGINEERS, INC., a
California corporation
Date:
By: OM019 - fjoh4\'
Leilani I. Brown
City Clerk O''' Po
By:
Signed in Counterpart
J. Marie Marston
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Civil Works Engineers, Inc. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 17-- o i-7-1
By: / t
a on C. Harp
C Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
SPD
By:
Grace K. Leung
City Manager
CONSULTANT:
_
CIVIL WORKS ENGINEERS, INC., a
California corporation
Date:
By:it ( AAA—e— �i✓
J arie Marston
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Civil Works Engineers, Inc. Page 4
EXHIBIT A
SCOPE OF SERVICES
Civil Works Engineers, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN IMPROVEMENTS
PROJECT (19R11)
Amendment No. 2 Additional Services
Task J:
Changes to the completed and submitted 50% construction document drawings as directed by
the City, and handling the ordering of trees and paying maintenance fees to nurseries to hold the
trees until such time the City takes delivery. The requested construction document changes shall
be reflected in the upcoming 100% PS&E submittal.
As directed by the City, prior to submitting the 90% construction documents, Consultant to change
the previously approved median tree design, which includs changing the number of median trees
and tree species. These change require the plans and estimate to be revised, late in the design
phase, to delete trees/tree grates and provide additional paving. This reduction in trees also
affects the quantity estimates, the irrigation design, and the water demand calculations. As
directed by the City, Consultant and its subconsultant (Rabben/Herman Design Office) to
research plant availability, which requires contacting numerous nurseries and obtaining plant
images from the nurseries.
Consultant shall update the civil and traffic plans accordingly and review the updated landscaping
plans from its subconsultant to ensure the project plans are consistent between civil, traffic, and
landscaping disciplines.
As requested by City, Consultant to assist in the ordering of trees to be held and maintained.
Consultant shall represent the City and process billings/provide administration for the 5% monthly
tree maintenance fees requested by the following vendors: Norman's Nursery and Sunny Slope
Trees.
EXHIBIT B
SCHEDULE OF BILLING RATES
Civil Works Engineers, Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN IMPROVEMENTS
PROJECT (19R11)
Total Not -To -Exceed Fee,
Additional Services Amendment 2 (Task J): $24,376.77
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH CIVIL WORKS ENGINEERS, INC. FOR
ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN
IMPROVEMENTS PROJECT (19R11)
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 3rd day of May, 2021
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and CIVIL WORKS ENGINEERS, INC., a
California corporation ("Consultant"), whose address is 3151 Airway Avenue, T-1, Costa
Mesa, CA 92626, and is made with reference to the following:
RECITALS
A. On February 25, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide engineering and design
services for the Balboa Boulevard Median Improvements Project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
December 31, 2022, to increase the total compensation, and to update Insurance
requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2022, unless terminated earlier as set forth herein."
2. 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.
3. 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 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 One Hundred Eighty Eight
Thousand Three Hundred Sixty Four Dollars and 00/100 ($188,364.00), 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 Ten
Thousand Six Hundred Dollars and 00/100 ($10,600.00).
4. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Civil Works Engineers, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ZS 202-1
By: d'�L P"- -�&
Aaron C. Harp
City Attorney ON.
ATTEST:
Date-.—
By:
ate:
By: ddd4.V4W&'
Leilani I. Brown
City Clerk
�c.1Foai
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: MAY 0 712021
By:
Gra e*. Leung
Cit anager
CONSULTANT:
CIVIL WORKS ENGINEERS, INC., a
California corporation
Date:
Signed in Counterpart
By.-
J.
y:J. Marie Marston
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Exhibit C – Insurance Requirements
Civil Works Engineers, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Z$ 1 Zu-2-1
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT:
CIVIL WORKS ENGINEERS, INC., a
California corporation
Date:_ (
By: j' I
J. Wrie Marston
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Civil Works Engineers, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Civil Works Engineers, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN IMPROVEMENTS
PROJECT (19R11)
Amendment No. 1 Additional Scope: Second Submittal of Preliminary Engineerina Plans
Task G
Consultant understands City would like to restart the PS&E development of the Balboa Medians
Improvements Project. The project has been put on hold since May 2020. Based on Consultant's
meetings with City on 1/21/21 and 2/24/21, City provided comments and requested to restripe
the on -street parking spaces and resize and relocate the proposed mid -block planters on Balboa
Boulevard to preserve the total number of on -street parking spaces between 12th Street and
Medina Way. The following Scope of Services has been developed to provide City with a revised
submittal of the preliminary engineering plans.
1. Remove Irvine Ranch Water District ("IRWD") from the sheet border.
2. Research and check the Americans with Disabilities Act ("ADA") requirements for the
crosswalk width with adjacent raised median intrusion. Revise the preliminary striping
plan accordingly.
3. Determine the number of on -street parking spaces lost due to the addition of bulb -outs.
4. Add walkways within the raised median such that a pedestrian can reach the crosswalk
(no need for ADA compliance on these walkways).
5. Add the photos of the suggested plant palette to the landscape plans.
6. Investigate if sand can be used instead of pea gravel for the median pavers.
7. Add one more parking space to the end of median if the intersection does not allow for a
left turn movement from Balboa Boulevard to the cross streets. Perform a stopping sight
distance line -of -sight analysis at 6th Street, 10th Street, and 12th Street to confirm an
additional parking space can be added.
8. Restripe the on -street parking spaces and resize and relocate the mid -block planters
to maintain same amount of parking space as existing.
9. Show existing and proposed number of parking spaces per each street segment on plans.
10. Add annotation "9' " for the width of mid -block planter on plans.
11. Add annotation "Remove Existing Parking Meter Post" to the plans.
12. Revise the landscaping plan accordingly due to the change of the mid -block planters'
size and location.
Subconsultant, Rabben Herman, has been approved by City as a subconsultant for Consultant.
Subconsultant was approved to prepare preliminary landscaping plans in strip map format as of
May 2020. The cost for Subconsultant to prepare the plans was $810. This amendment includes
such cost of $810.
EXHIBIT B
SCHEDULE OF BILLING RATES
Civil Works Engineers, Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN IMPROVEMENTS
PROJECT (19R11)
Total Not -To -Exceed Fee, Additional Work for Task G: $10,600
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 and employees.
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
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.
Civil Works Engineers, Inc. Page C-1
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 and employees 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 and employees 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:
A. Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein,
along with a waiver of subrogation endorsement for workers'
compensation and other endorsements as specified herein for each
coverage. Insurance certificates and endorsement must be approved
by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Agreement. The certificates and endorsements for each
Civil Works Engineers, Inc. Page C-2
insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf. At least fifteen (15) days prior to the
expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with
the City. If such coverage is cancelled or reduced, Consultant shall,
within ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing
that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the
right to require complete, certified copies of all required insurance
policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify
that all subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher 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.
Civil Works Engineers, Inc. Page C-3
F. Self-insured Retentions. Any self-insured retentions must be declared
to and approved by City. City reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
until proper evidence of insurance is provided. Any amounts paid by
City shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
Civil Works Engineers, Inc. Page C-4
Reyes, Raymund
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PROFESSIONAL SERVICES AGREEMENT
WITH CIVIL WORKS ENGINEERS, INC. FOR
ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN
IMPROVEMENTS PROJECT (19R11)
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 25th day of February, 2020 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and CIVIL WORKS ENGINEERS, INC., a California corporation ("Consultant"), whose
address is 3151 Airway Avenue, Suite T-1, Costa Mesa CA 92626, 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 engineering and design services for
the Balboa Boulevard Median Improvements 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:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2022, 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 Seventy
Seven Thousand Seven Hundred Sixty Four Dollars and 00/100 ($177,764.00),
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.
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
Civil Works Engineers, Inc. Page 2
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Marie Marston, P.E. to be
its Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
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
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
Civil Works Engineers, Inc. Page 3
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 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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
Civil Works Engineers, Inc. Page 4
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.
iLI11I►1311:7_1`[40
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment- The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Civil Works Engineers, Inc. Page 5
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 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
Civil Works Engineers, Inc. Page 6
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.
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
Civil Works Engineers, Inc. Page 7
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.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
Civil Works Engineers, Inc. Page 8
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: Marie Marston
Civil Works Engineers, Inc.
3151 Airway Avenue, Suite T-1
Costa Mesa, CA 92626
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.).
Civil Works Engineers, Inc. Page 9
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.
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.
Civil Works Engineers, Inc. Page 10
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.
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,
Civil Works Engineers, Inc. Page 11
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]
Civil Works Engineers, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2 j7/;k20
By: at�
��; Aaron C. Harp �,0
City Attorney da�`„�-
ATTEST:
Date -.–
V - 44�
r V
4.NM&,-
my.
BrownLeilani 1.
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 2-12.4 /Ze-Z O
By:—�`e�,;r,�
Will O'Neill
Mayor
CONSULTANT:
CIVIL WORKS ENGINEERS, INC., a
California corporation
Date:
Signed in Counterpart
By:
J. Marie Marston
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Exhibit C – Insurance Requirements
.�,w�:r�. a...°_-fa3eaan�,ssrr�aawws�rr.�s���u+;rxa�-�.n+.�a.. _s.;�-.�,-�xa.�_�. su:+a��.r.r:�Kaeror.a�sas�:rur�:..r+r•�v;:�asn�zase�:xra-�:n...aa�-,••�.�.�s.: c:.m
Civil Works Engineers, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: 2 71;k Z -C:;) Date:
By: By-.—
Aaron
y:Aaron C. Harp �o Will O'Neill
City Attorney D)-00 - Mayor
ATTEST: CONSULTANT:
Date: CIVIL WORKS ENGINEERS, INC., a
California corporation
Date: -L- 10 - Zig
Leilani I. Brown
City Clerk
By:
J. M r e Marston
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Attachments-. Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Civil Works Engineers, Inc. Pae 13
EXHIBIT A
SCOPE OF SERVICES
Civil Works Engineers, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN IMPROVEMENTS
PROJECT (19R11)
Proiect Approach and Scope of Work
Consultant will coordinate and manage the engineering design team consisting of Consultant and
subconsultants (the landscape architect and surveyor). This team will provide the civil
engineering, traffic engineering, landscape architecture, and surveying services required for the
project to provide a complete set of construction documents consisting of plans, specifications,
and a quantity/cost estimate (PS&E).
Consultant proposes to assign as the Senior Project Manager, Marie Marston, P.E. supported by
her Deputy Project Manager, Ricky Chan, P.E., T.E., P.T.O.E., both of whom have worked
previously with the City of Newport Beach. The landscape architect subconsultant's primary
representative shall be Dan Herman, Principal and the alternate representative is Maro Urena.
The design team's representatives shall remain in responsible charge of all duties from contract
negotiations through project completion. If the primary representative is unable to continue with
the project, then the alternate representative shall become the primary representative upon the
City's approval.
Consultant shall provide complete street, landscape, and irrigation design services for the project
in accordance with the latest City -approved Standard Specifications for Public Works
Construction (which, as of this date is the 2015 Edition) and the City of Newport Beach Design
Criteria, Standard Special Provisions, and Standard Drawings (2004 Edition), including
supplements.
The design team will initiate the project through a kick-off meeting with the City to learn of the
previously prepared documents for this project, set the project course and schedule, and to learn
of particular needs of the City for the PS&E. For example, from review of the Capital Improvement
Program sheet for this project, Consultant understands that there was a concept plan prepared;
Consultant will request copies of these plans and discuss with the City. Similar to the previous
project concept plan, pictured to the right, Consultant anticipate the concept plan would likely
indicate but not be limited to providing locations of median changes such as bulb -outs, locations
of planters, locations of trees, cross section widths, and any accent paving features.
The following scope of work is proposed
A. Research and Data Collection
B. Utility Research, Mapping and Coordination
C. Field Surveying Services
D. Base Mapping
E. Landscape and Irrigation Design Services
F. Environmental Documents and Permitting
G. Construction Documents
H. Progress Meetings
I. Construction Support Services
The above tasks are described in greater detail below
Task A — Research and Data Collection
Consultant shall research, collect, and review all available information relative to the project such
as preliminary concept plans, preliminary engineering reports, record drawings, street centerline
ties, storm drain plans, and utility maps. In addition to City record drawings, Consultant shall
coordinate with other agencies, such as the Orange County Sanitation District (OCSD), for
existing improvement plans for the existing sewer. Consultant shall coordinate with the City for
previous project related documents. It is assumed the City will provide right of way line information
for inclusion on the base map and no research for this is included.
This task will also include researching and providing recommendations for drought resistant
plants.
Task B — Utility Research, Mapping and Coordination
Consultant understands the City will make the first contact with the utility owners to obtain their
as -built plans or atlas maps. The City shall forward the existing facility maps to Consultant. These
maps will show location, type, and size of facility. Information collected from the owners shall be
added to the project base map to become a part of the construction plans. Once shown on the
base maps, Consultant will forward these back to the utility companies for verification. The types
of facilities could include mains, service lines, meter boxes, valve cans, manhole covers, traffic
signal conduit, etc. Consultant will send out subsequent notices if necessary.
This task includes continued coordination and related follow-up with the affected underground
and overhead utility companies regarding the specific impact locations with the project and
whether they are intending future changes that Consultant should be aware of. Consultant will
preliminarily determine the conflicts or impacts the improvements will have with the existing
utilities and summarize the information on the plans. All coordination and correspondence will
follow any specific City utility coordination procedures. Consultant shall maintain a utility log file
throughout the project development. The City shall be kept informed of contacts with the utility
companies and, if desired, will receive copies of collected utility information and correspondence.
Utility adjustments such as valve cans and manholes, if needed, shall be shown on the project
plans. Relocations and major modification of utilities are not anticipated as utility conflicts are
expected to be minimal, consisting primarily of adjustment to grade of surface manholes and valve
covers. Costs associated with utility modifications will be included in the cost estimate. Because
Consultant does not anticipate relocations; prior rights determinations are not anticipated to be
needed and therefore, not included in this scope.
At the submittals described in Task G below, one set of construction plans will be forwarded to
each of the utility companies. Consultant expect the utility companies will verify their facilities. No
utility modification design or relocation design is anticipated to be necessary from the owners.
No changes are anticipated to the existing median street lighting. Potholing of existing utilities is
not included in this scope of work. Should that be determined necessary, Consultant can provide
the City with an estimate/amendment proposal at that time.
Task C — Field Surveying Services
Consultant shall perform all field survey for approximately 3,600 lineal feet of Balboa Boulevard
necessary to complete the project. The detail coverage will be by ground conventional survey.
The survey shall include the standard monumentation and record mapping requirements for pre -
construction corner records "Monument Preservation" of the California Professional Land
Surveyor's Act. The Basis of Bearings and Benchmark shall be consistent with Orange County
Survey Horizontal Control and the North American Vertical Datum, 1988, respectively. Consultant
understands the City can provide aerial photos of the project site.
At a minimum, survey shots shall include top of curbs (edges and median), flow lines, back of
walk, edge of gutters/pavement, crown lines, angle points, and grade breaks at 25 feet cross
section intervals. It will also include centerline of driveway approach, beginning, half delta, and
ends of curb returns, top and bottom of 'Y'. All visible surface objects of culture (e.g., walls,
landscaping, power poles, storm drain, and utility appurtenances) will be included. Pavement
striping, crosswalk locations, and spandrels will also be obtained. It is not anticipated that invert
elevations of the storm drain catch basins or sewer manholes would be needed, however, that
can be added if the City desires.
Monument preservation is not included in this scope of work as Consultant understands the City
will have the contractor's surveyor perform it. Aerial topographic mapping is not included in this
scope. A boundary survey will not be performed.
Task D — Base Mapping
Upon completion of the above Tasks A through C above, Consultant shall prepare a base map
using City of Newport Beach CAD standards. Survey field data will be downloaded and imported
into AutoCAD, a digital terrain model (DTM) will be produced with 1 -foot contour intervals, and
cross sections cut at the appropriate intervals. Record map information will also be included to
determine and indicate the existing right-of-way lines. Utility information will be added to the base
map as described in Task B.
The base map shall include, as a minimum, street centerlines, median curbs, gutters, pavement
striping, topographic features such as streetlights, signs and trees, 1 -foot contour lines, and
existing utility lines as known. An onsite field edit shall be performed to validate the accuracy of
the assembled base mapping.
Task E — Landscape and Irrigation Design Services
Consultant's landscape architecture subconsultant shall be responsible for the design of the
landscaping, irrigation and hardscaping in order to meet the goals of the project and to match the
existing median landscape, irrigation and hardscape improvements on Balboa Boulevard
between 21st Street and 12th Street.
Subconsultant's scope of work includes design of hardscape, planting, and irrigation plans to
provide landscaping for raised medians, decorative pavers for raised medians, crosswalks,
hardscape modifications at existing median planters, planting trees, median planter landscaping,
and designing a new automated irrigation system including electrical hookups to proposed
irrigations controllers. Consultant and subconsultant efforts shall result in a single coordinated set
of construction documents (PS&E).
Task F — Environmental Documents and Permitting
Consultant understands that City will prepare and process the environmental document.
Consultant shall coordinate with the City if necessary, during the development of the document.
Task G — Construction Documents
Consultant suggests this task be separated into preliminary engineering and final engineering. At
the conclusion of construction, Consultant shall prepare as -built drawings.
Preliminary Engineering
During the preliminary engineering phase, Consultant shall identify the proposed improvements
through discussions with City staff and review of previously developed documents. Consultant
shall evaluate the existing medians, assess the feasibility and determine whether the 1 -foot
widening should be part of the project, and identify utility locations to coordinate the locations of
trees and other landscaping as well as irrigation facilities. Consultant shall develop a preliminary
plan (25% level) to indicate the proposed improvements. This preliminary plan would include
typical sections and a layout sheet to indicate:
• Proposed locations of hardscape improvements
• Existing and proposed widths of cross section elements (lane and shoulder, parking,
sidewalk, medians)
• Striping
• Cross walk locations and widths
• Parking locations
• Existing utility lines and surface features
• Existing tree locations
Following the development of the preliminary plan, the City would review and confirm the design
intent. Upon the City's concurrence, Consultant would proceed with final engineering consisting
of plans, special provisions, and a quantity cost estimate.
Final Engineering
The final engineering phase consists of plans, special provisions, and an estimate as follows:
1. Plans — Construction drawings shall be at a scale of 1 inch = 20 feet with details at a larger
scale for clarity. It is anticipated the construction drawings will include:
• Title Sheet (1)
• Notes, Index (1)
• Typical Sections (1)
• Plan and Profile Sheets (6)
• Details (2)
• Signing & Striping Plans (6)
• Hardscape Construction Layout
• Hardscape Construction Details
• Planting Plans
• Planting Details
• Automatic Irrigation Plans (downstream from irrigation point of connection)
• Irrigation Details
The plan sheets will include centerline, right of way lines, utilities as identified, storm drain
facilities, existing improvements and proposed improvements. It is assumed the layout and profile
would be included on the same sheet. Details will likely be at the intersections and any places of
median changes. A signing inventory will be performed and existing signs will be noted on the
drawing. Consultant shall assess the condition of the signs as to whether replacement is needed.
Striping and delineation may change and is likely dependent upon whether the median is widened
thereby pushing out the center parking stalls.
Drawings shall be prepared in Auto CAD and shall comply with City CAD standards. All drawings
shall be transmitted to the City electronically in both AutoCAD (.dwg) and Adobe (.pdf) formats.
The staging of the construction is an important factor to the timely completion of the project and
to minimizing inconvenience to the public both travelers and residents who use the street for
parking. The project construction will reduce the travel lanes and parking areas at times.
Consultant shall discuss with the City if staging plans are needed. For purposes of this proposal,
Consultant has assumed no staging or construction traffic handling plans will be prepared. Rather,
the requirements of numbers of lanes and parking stalls to keep open would be included in the
specifications for the contractor to determine the means and methods for maintenance of lanes
and parking. A geotechnical investigation is not a part of this project. Should pavement need to
be replaced it would be shown as full depth thickness asphalt concrete to match the adjacent
section.
No traffic signals exist within this section. It is not anticipated that storm drain patterns would be
altered. As no changes would be made to the storm drain system, no drainage study or drainage
plans are included in this scope. Median changes may necessitate the reconstruction of catch
basins. If necessary, they would be shown on the plan sheet rather than on a separate drainage
plan. No changes to existing driveways or sidewalks are anticipated. Consultant shall discuss with
the City if curb access ramps require upgrades. No water quality measures are proposed as part
of the project. No Water Pollution Control Plan is included in the proposal. Erosion control during
construction would be a requirement of the awarded contractor.
Existing water pressure and soil analysis shall be provided by the City. Should any portion of the
street's structural section need replacement, Consultant anticipates the City will advise Consultant
of the appropriate structural section. No geotechnical investigation is included.
2. Special Provisions — Consultant shall prepare the project Special Provisions to the Standard
Specifications for Public Works Construction (2015 Edition) "Greenbook" in Microsoft Word. An
electronic copy in Microsoft Word format shall be submitted at the completion of design. City shall
provide a Special Provisions boilerplate template. The City will provide the proposal forms,
current Standard General Provisions, and Construction Contract Agreement to incorporate
into the document. Consultant will work with the City on assembling the entire contract
document package.
3. Cost Estimate and Bid List — A cost estimate shall be prepared to ensure the City has
adequate funds for construction and also to provide the engineer's estimate for construction.
The estimate will show quantities and unit prices for each work item along with appropriate
mobilization and contingency costs. Costs for associated utility work, if any, would be included
in the estimate. Consultant shall research the latest unit prices available and consult the City
on specific prices and use Consultant's own information from other recent bids as available
to ensure the unit prices are current. The cost estimates will be updated at each submittal to
reflect the current stage of design. Quantity back-ups shall also be submitted with the cost
estimate. Consultant shall submit the construction cost estimate in Microsoft Excel format.
Using the cost estimate as a basis, Consultant shall determine which items in the cost estimate
will be included as contract items in the bid list. An essential part of the construction document
set is to prepare the bid proposal with references to the location of the Contractor's payment
clause. In this manner, Consultant can ensure that all bid items have a clear manner of payment.
Consultant shall cross-check the construction plans, cost estimate and bid item list to ensure all
items of work are correctly accounted for.
Task H — Progress Meetings
Consultant's team will meet with City staff during the design process to review and discuss
progress and coordinate the direction of the project. It is anticipated that five design meetings plus
the kickoff meeting will be held. Consultant may also need to meet with the City at times of the
project submittals. Consultant shall prepare meeting minutes for each meeting. No public
meetings are anticipated.
Task I — Construction Support Services
Consultant shall serve the City during construction of the project as requested. The following
assistance is anticipated.
1. Final PS&E — Consultant shall revise final construction drawings, project specifications, and
any bid addendum during the bidding process to resolve any discrepancies, update the
documents per decisions made, etc.
2. Pre -Construction Meeting — Consultant shall attend the pre -construction meeting and will
respond to questions raised by the City and contractor.
3. Submittals — Consultant shall review shop drawings and material submittals as submitted by
the contractor during construction. This will also include review and responses to Requests for
Information (RFIs).
4. Construction Guidance — To ensure the project is constructed following through with the intent
of design, Consultant shall provide guidance and recommendations to the City with respect to the
Contractor's general conformance to plans and specifications. Additionally, Consultant shall
provide plant selection and tagging through visits to southern California nurseries to review and
tag plant material for use on the project. One 8 -hour day is allocated for this effort.
Monitoring landscape and irrigation construction progress will be performed along with advising
the City with respect to the contractor's general conformance to the drawings and specifications,
visiting the site, and making field recommendations. Consultant assumes that a maximum of
twelve (12) site visits to monitor some, if not all, of the following stages of landscape construction:
• Review of paving mock-ups.
• Layout of major hardscape elements i.e., paving, tree grates and signage (2 visits).
• Review of installed hardscape elements.
• Layout of plant material (4 visits).
• Irrigation sprinkler coverage test.
• Pre -final Walkthrough prior to the start of the 90 -day landscape maintenance
period.
• Final Walkthrough prior to the start of the 90 -day landscape maintenance period.
• Final Walkthrough for project acceptance
5. As -built Drawings — Upon completion of construction, the team will prepare as -built drawings
based on Contractor mark-ups. As -built drawings shall be submitted in AutoCAD and Adobe
(PDF) format. Mylar hard copies will not be submitted.
Consultant shall not provide construction inspection, observation, and administration. Other
construction support services that Consultant could be involved with, however, for purposes of
this proposal we have not included are: pre-bid meeting, assistance with bid process, responding
to bidders questions, bid analysis, site visits, and construction meetings.
Submittals
Consultant shall comply with the City's progress submittals as identified within the RFP. This will
include a submittal at 50 percent, 90 percent, 100 percent, and Final. At each submittal, responses
to comments from the previous submittal will be provided. After the final approval review,
Consultant will submit a signed and sealed set of original drawings and specifications for final
approval.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Civil Works Engineers, Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN IMPROVEMENTS
PROJECT (19R11)
Total Not -To -Exceed Tasks A — I: $177,764
Schedule of Billing Rates:
POSITION
HOURLY RATE
Principal
$165.00
Senior Project Manager
$150.00
Project Mana er/Pro ject Engineer
$130.00
Engineer
$115.00
Staff Engineer/Senior Designer
$110.00
Junior En ineer/Desi ner
$90.00
CADD Technician
$80.00
Administrative Support
$65.00
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 and employees.
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
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.
Civil Works Engineers, Inc. Page C-1
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
and employees 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
and employees 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:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Civil Works Engineers, Inc. Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. 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.
Civil Works Engineers, Inc. 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.
Civil Works Engineers, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/17/2020 Dept./Contact Received From: Raymund Reyes
❑ No
Department: Public Works Sent to: Marissa By; Raymund
❑ No
Company/Person required to have certificate: Civil Works Engineers, Inc.
❑ No
Type of contract: Professional Services Agreement
❑ No
1. GENERAL LIABILITY
❑ No
EFFECTIVE/EXPIRATION DATE: 3/15/2020-3/15/2021
A. INSURANCE COMPANY: RLI Insurance Company NAIC#13056
B. AM BEST RATING (A-, VII or greater): A+ XII
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑✓ Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided? $1 M occur / $2M agg
E. ADDITIONAL INSURED ENDORSEMENT — please attach
❑✓ Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
0 Yes ❑ No
G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
❑✓ Yes ❑ No
H. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation) ❑ N/A
Q Yes ❑ No
II
AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/15/2020-3/15/2021
A. INSURANCE COMPANY: RLI Insurance Company NAIC#13056
B. AM BEST RATING (A-: VII or greater) A+ XII
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
E. PRIMARY & NON-CONTRIBUTORY WORDING
ENDORSEMENT - please attach
F. HIRED AND NON -OWNED AUTO ONLY:
G. ADDITIONAL INSURED ENDORSEMENT — please attach
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM:
0 Yes ❑ No
$1M
Q Yes
❑ No
0 N/A ❑ Yes
❑ No
R Yes
❑ No
0 Yes
❑ No
[Z]N/A ❑Yes
❑ No
III
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 3/15/2020-3/15/2021
A. INSURANCE COMPANY: RLI Insurance Company NAIL#13056
B. AM BEST RATING (A- : VII or greater): A+ XII
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
ADDITIONAL COVERAGES THAT MAYBE REQUIRED
❑y/ Yes ❑ No
❑v Yes ❑ No
$1M
❑,/ Yes ❑ No
❑✓ N/A ❑ Yes ❑ No
PROFESSIONAL LIABILITY 3/15/2020-3/15/2021
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY: Navigators Insurance Company NAIC#42307, A+ XI, $2M/$4M
❑ POLLUTION LIABILITY
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
❑ BUILDER'S RISK
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
El
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
NOTES/COMMENTS:
Approved:
Risk Management
5/7/2020
Date