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HomeMy WebLinkAboutC-3411(A) - PSA for Design of Irvine Avenue Water Main Replacement from University Drive to South Bristol StreetC All DESIGN OF IRVINE AVENUE WATER MAIN REPLACEMENT FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DANIEL BOYLE ENGINEERING This AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this StL day o , 2004, by and between the City of Newport Beach, a municipal corporation, (her nafter referred to as "City ") and Daniel Boyle Engineering, Inc, whose address is 23231 South Pointe Drive, Suite 103, Laguna Hills, California 92653, (hereinafter referred to as "Consultant "), is made with reference to the following: A. On May 31, 2001, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for engineering services for the Design of the Irvine Avenue Water Main Replacement from University Drive to South Bristol, hereinafter referred to as "Project." This Agreement is scheduled to expire on June 30, 2005. B. City and Consultant have entered into Amendment No. 1 of the Agreement, dated August 1, 2002. C. City desires to enter into this Amendment No. 2 to reflect additional services not included in the Agreement or prior Amendment and to extend the term of the Agreement to December 31, 2005. D. City desires to compensate Consultant for additional professional services needed for Project. Specifically, this Amendment No. 2 authorizes Consultant to perform additional engineering design services for the relocation of the Costa Mesa Sanitary District's sewer facilities, which is required by the City's water main replacement project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to this Amendment No. 2 according to "Exhibit A" dated May 9, 2003 attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 2 shall not exceed Twenty -Nine Thousand Nine Hundred Forty and Dollars ($29,940.00). 3. The term of the Agreement shall be extended to December 31, 2005. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By: City Attorney for the City of Newport Beach ATTEST: City Cleric for the City of Newport Beach By:� Mayor for the City of New rt Beac L BOYLE ENGINEERING, INC F: %USERSIPBVNShared\Agreements\FY 03- 04ftyle-Irvine Avenue -Amend 2.doc • DpY I Consulting Engineers 2 CITY OF NEWPORT BEACH P.O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Mr. Michael J. Sinacori, P.E. Utilities Engineer City of Newport Beach Irvine Avenue Water Transmission Main Replacement Costa Mesa Sanitary District Sewer Relocations Addendum No. 2 to Scope of Services INTRODUCTION May 9, 2003 In accordance with your request, this letter provides an estimate of the additional effort required to design and prepare construction plans for the proposed Costa Mesa Sanitary District (CMSD) sewer relocations in Irvine Avenue at the intersection of Mesa Drive. The City intends to locate the proposed 24 -inch water transmission main with an 8- footoffset from the westerly curb in Irvine Avenue. In the vicinity of Mesa Drive this proposed alignment will be in conflict with an existing 12 -inch gravity sewer main and 10 -inch force main owned by CMSD. The City and CMSD have agreed that the District's sewer pipelines are to be relocated based on the exhibit prepared by DBE dated April 24, 2003. Sewer relocation plans are to be prepared and included in the same bid package as the City's 24 -inch Water Transmission Main and IRWD 12 -inch Water Main Replacement projects. The proposed sewer relocation construction will involve the following: ♦ 95 I.f. of 21 -inch gravity sewer ♦ 405 I.f. of 18 -inch gravity sewer ♦ 20 I.f. of 12 -inch gravity sewer ♦ 100 l.f. of 10 -inch sewer force main ♦ 60 I.f. of 8 -inch gravity sewer ♦ 6 sewer manholes ♦ Abandonment of existing sewer mains and manholes Exhibit A 23231 South Pointe Drive • Suite 103 • Laguna Hills • CA • 92653 • (949) 768.2600 • Fax (949) 586 -5188 • www.dboyle- eng.com City of Newport Beach - Irvine Avenue Water Transmission Main Replacement Addendum No. 2 - 5/9/03 - Page 2 SCOPE OF ADDITIONAL SERVICES The scope of services for the proposed sewer relocation project includes the following tasks: TASK 1 - PRELIMINARY DESIGN 1.1 Prepare Preliminary Design Exhibits - Prepare color exhibits depicting the preliminary design for the sewer relocations. 1.2 Conduct Design Review Meetings - Organize and attend meetings at CMSD to review the preliminary design with the City and the District. TASK 2 - FINAL DESIGN 2.1 Field Review - Conduct a field review to verify the location of existing and proposed utilities and identify any potential conflicts. 2.2 Prepare Construction Drawings - Prepare one plan and profile sheet at a scale of 1 " =20' and three detail sheets including profiles, manhole details and pipeline connection details. The sewer relocation plans will be incorporated with the City Water Transmission Main Replacement plans, so no additional front end sheets will be required. We anticipate that the following plan sheets will be required: Sheet No.1 - Plan of 21 -inch, 18 -inch, 12 -inch and 8 -inch Sewer Main and 10 -inch Force Main (1 " =20' Scale) and Profile of 21 -inch, 18 -inch and 12 -inch Sewer Mains (1 " =4' Scale). Sheet No. 2 - Detail Sheet- Profiles of 10 -inch Force Main and 8 -inch Sewer Mains, Manhole Details Sheet No. 3 - Detail Sheet- Manhole Details Sheet No. 4 - Detail Sheet - Wet Well Inlet Connection, Force Main Connection to Pump Station Piping and Connection to Force Main in Mesa Drive 2.3 Prepare Specifications - Prepare bid schedule, special provisions and technical specifications for the sewer construction to be included in the City transmission main bid package. 2.4 50% Design Submittal and Review- Prepare preliminary plan and profile sheets, details and construction cost estimate for review by the City and CMSD. 2.5 95% Design Submittal and Review- Prepare 95% plans, special provisions, technical specifications and updated construction cost estimate for review by the City and CMSD. 2.6 Final Review, Approval and Deliverables - Prepare final plans and specifications for approval by the City and CMSD. 0 0 City of Newport Beach - Irvine Avenue Water Transmission Main Replacement Addendum No. 2 - 5/9103 - Page 3 TASK 3 - BIDDING SUPPORT 3.1 Provide Services During Bidding -Provide assistance to City during bidding of project, including answering questions pertaining to the construction drawings and technical specifications and assisting the City to prepare one bid addendum. TASK 4 - CONSTRUCTION SUPPORT 4.1 Shop Drawing Review - Review contractor shop drawing submittals. 4.2 Plan Revisions and Change Orders - Prepare one revision to the plans and specifications as deemed necessary by the City. 4.3 Respond to RFI's and RFC's - Provide assistance to the City in responding to RFIs and RFCs. 4.4 Prepare Record Drawings - Prepare record drawings based on red -lined plans provided by the contractor after construction is completed. TASKS NOT INCLUDED IN SCOPE OF SERVICES Tasks specifically not included in our scope of services are as follows: ♦ Traffic Control Plans - Traffic control plans are to be prepared by Traffic Control Engineering, Inc. under a separate contract with the City. However, these traffic control plans will be included in our construction plan set. ♦ Geotechnical Investigation ♦ Corrosion Analysis ♦ Potholing ♦ Surveying 0 0 City of Newport Beach - Irvine Avenue Water Transmission Main Replacement Addendum No. 2 - 519/03 - Page 4 LABOR HOURS & FEE Our labor hours and fee estimate for the additional services as described above are detailed in the attached Table 1. We propose to provide professional engineering services based upon our Scope of Additional Services as stated above on an hourly basis for a fee not to exceed $29,940. We are prepared to proceed with these additional services upon your authorization. If you have any questions or require additional information, please do not hesitate to call. DANIEL BOYLE ENGINEERING 4 cip h L al Engineer JLB:Iam Encl. NO3 -110 -01 ADD #2- 110.wpd TOBLE I Daniel Boyle Engineering In -House Staff Labor PHASE /TASK TOTAL HOURS DBE FEE Repro & Other$ TOTAL FEE P.E. Assoc Sr. Dsnr CADD 1, PRE -DESIGN 1.1 Prepare Preliminary Desi n Exhibits 4 48 F2O 0 72 $6,344 $0 $6,344 1.2 Conduct Design Review Meetings 6 6 _ 0 12 $1,338 $50 $1,388 Subtotal Task 1 10 54 20 0 84 $7,682 $50 $7,732 2. FINAL DESIGN 2.1 Field Review 0 6 _ 0 0 6 $528 $0 _ $528 _ _ 2.2 Prepare Construction Drawings 16 24 32 16 _ 88 $7,824 $0 $7,824 2.3 Prepare Specifications 6 12 0 0 _ 18 $1,886 $0 $1,866 2.4 50% Design Submittal & Review 4 8 4 2 18 $1,688 $50 $1,738 2.5 9595 Design Submittal & Review 4 8 4 2 _ 18 $1,688 $100 $1,788 2.6 Final Review, Approval and Deliverables 4 8 4 2 18 $1,688 $100 $1,7 Subtotal Task 2 34 66 44 22 166 $15,282 $250 $15,532 3. BIDDING SUPPORT 3.1 Provide Services During Bid din 8 4 0 0 12 $1,432 $0 $1,432 Subtotal Task 3 8 4 0 0 12 $1,432 $0 $1,432 4. CONSTRUCTION SUPPORT 4.1 Shop Drawing Review 4 8 0 0 _ 12 $1,244 $100 $1,344 4.2 Plan Revisions & Charge Orders 4 4 4 2 14 $1,336 $0 $1,336 4.3 Res nd to RFI's and RFC's 4 4 0 0 8 $892 $0 $892 4.4 Prepare Reconi Drawings 4 4 6 4 18 $1,622 $50 $1,672 Subtotal Task 4 16 20 10 6 52 $5,094 $150 $5,244 Totals: 68 944 74 28 314 $29,480 $450 $2919f0 $29,940 In -House Staff P.E. - Principal Engineer Assoc - Associate Engineer Sr. Dsr - Senior CAD Designer CADD - CAD /Drafter 11 • i • Certificate of Insurance 1 of 1 1177168 Description of Operations /LocationsNehicies /Restrictions /Special items: DESIGN OF IRVINE WATER MAIN REPL FROM UNIV DR TO S BRISTOL ST DBEI JOB #NO3- 110- 00,CERTHOLDER ITS OFFICERS AGENTS EMPLOYEES & VOLUNTEERS ARE NAMED AS ADD'L INSDS & PRIMARY CLAUSE ON GEN LIAB & A WAIVER OF SUBROGATION APPLIES ON WORK COMP POLICY -SEE ATTACHED ENDORSEMENTS Written at aggregate limits of liabilitv not less than amount shown Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 2244 West Coast Highway, Suite 200 NOT AMEND, EXTEND.OR ALTER THE COVERAGE Newport Beach, CA 92663 AFFORDED THE POLICIES LISTED BELOW. Newport Beach, CA 92659 -8915 THE EVENT OF CANCELLATION FOR NON - PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Insureds Name and Address: Daniel Boyle Engineering, Inc. 23231 South Pointe Drive, Suite 103 Laguna Hills, CA 92653 Companies Affording Policies: A United States Fidelity & Guaranty Co B. St. Paul Fire & Marine Insurance Co. c D. E. c F. Description of Operations /LocationsNehicies /Restrictions /Special items: DESIGN OF IRVINE WATER MAIN REPL FROM UNIV DR TO S BRISTOL ST DBEI JOB #NO3- 110- 00,CERTHOLDER ITS OFFICERS AGENTS EMPLOYEES & VOLUNTEERS ARE NAMED AS ADD'L INSDS & PRIMARY CLAUSE ON GEN LIAB & A WAIVER OF SUBROGATION APPLIES ON WORK COMP POLICY -SEE ATTACHED ENDORSEMENTS Written at aggregate limits of liabilitv not less than amount shown Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. THE CITY OF NEWPORT BEACH CANCELLATION: THE ABOVE CANCELED ATTN: SHAUNA GYLER- PUBLIC WORKS DEPT NTATIV S WILL AIL 30N DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 DATE THERE F, SUING COMPANY, ITS AGENTS P.O. BOX 1768 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN Newport Beach, CA 92659 -8915 THE EVENT OF CANCELLATION FOR NON - PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. ANhonzed Repres WbYa: 05/18/04 c ILI I A L1.1, if '1A p AR a INSURED: DANIEL BOYLE ENGINEERING, INC. POLICY NUMBER: BKO1606578 POLICY PERIOD: 12/01103 - 12/01/04 ADDITIONAL INSURED: THE CITY OF NEWPORT BEACH, ITS OFFICERS AGENTS EMPLOYEES & VOLUNTEERS Liability Coverage Enhancement — Architects And Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following is added to paragraph 2 of SECTION II — WHO IS AN INSURED: I. If you are required to add another person or organization as an insured under this policy by a written contract or agreement which is in effect during the policy period, that person or organization is an insured. Such person or organization is referred to in this Coverage Part as an Additional Insured. However, such person or organization is not an insured with respect to any: (1) "Property damage 'to: (a) Property owned, occupied or used by the Additional Insured; (b) Property rented, leased or loaned to, in the care, custody or control of, or over which physical control is being exercised for any purpose by the Additional Insured; or (c) "Your worle' performed for the Additional Insured; (2) "Bodily injury, "property damage ", "personal injury', "advertising injury" which is not caused in whole or in part by the negligent acts or omissions of any Named Insured, or the negligent acts or omissions of anyone directly or indirectly employed by a Named Insured or for whose acts a Named Insured may be liable; (3) "Bodily injury', "property damage ", "personal injury", or "advertising injury for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in absence of the contract or agreement; or Fidelity & Guarantee (4) "Bodily injury", "property damage ", "personal injury' or "advertising injury arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any professional services, when such person or organization is an architect, engineer, or surveyor. 2. The following is added prior to the final paragraph of SECTION 11— WHO IS AN INSURED: You are an insured for your participation in any past or present "unnamed joint venture ". However, you are not an insured if the "unnamed joint venture has: a. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed joint venture" is an insured. This insurance is excess over any "other insurance" available to you for your participation in any past or present "unnamed joint venture ". 3. The final paragraph of SECTION II — WHO IS AN INSURED is replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture (except "unnamed join venture ") or limited liability company this is not shown as a Named Insured in the Declarations. 4. Paragraph 2 of SECTION III — LIMITS OF LIABILITY is replaced by the following: (2). The General Aggregate Limit is that most we will pay at each of "your premises" listed in the Schedule of Premises and is the most we will pay at each of "your projects" for the sum of: CL/ BF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page 1 of 2 Copyright, Insurance Services Offices, Inc., 2001 10 0 CL/ BF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 2 Copyright, Insurance Services Offices, Inc., 2001 because of injury or damage arising out of a. Damages under Section I. A. except "your work" under the written contract or damages because of "bodily injury' and agreement with such person or organization, "property damage" included in the provided that the injury or damage occurs "products completed operations hazard" subsequent to the execution of that written and damage to premises rented to you or contract or agreement. temporarily occupied by you with 7. The following are added to SECTION V — permission of the owner; and DEFINITIONS: b. Medical payments under SECTION 1. B. ' "Unnamed joint venture" means any joint venture 5. The following is added to SECTION IV- in which you are a member or partner where: CONDITIONS, 5. Other Insurance, a. Each and every one of your co- ventures in that a. Primary Insurance; joint venture is an architectural, engineering or surveying firm; and In addition, this insurance will be considered b. That joint venture is not named in the Liability primary to, and non - contributory with, "other Coverage Part Declarations. insurance" issued directly to a person or organization added as an additional insured "Your premises" means any premises, site or under SECTION II. 2. L. if you specifically location that you own or rent or lease from agree, in that written contract or agreement, others. that this insurance must be primary to, and non - contributory with, such "other insurance ". "Your project" This insurance will then be applied as primary insurance for damages for "bodily injury", Means any premises, site or location at, on, or in "property damage ", "personal injury" or which "your work" is not yet completed; "advertising injury" to which this insurance applies and that are incurred by such person or and organization, and we will not share those damages with such "other insurance ". a. Means any premises, site or location at, on, or in which "your work" is not yet completed; 6. The following is added to SECTION IV— and CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us. b. Does not include "your premises" or any location listed in the Schedule of Premises. We waive any right of recovery we may have All other terms of your policy remain the same. against any person or organization added under SECTION 11. 2.1., for payments we make CL/ BF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 2 Copyright, Insurance Services Offices, Inc., 2001 WC 04 03 06 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 09/01/03 at 12:01 A.M. standard time, forms a pan of Policy No. W VA8006894 of the St. Paul Fire & Marine Insurance Company issued to Daniel Boyle Engineering, Inc. Authorized Signature We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California Workers' Compen- sation premium otherwise due on such remuneration. SCHEDULE PERSON or ORGANIZATION: THE CITY OF NEWPORT BEACH, ITS OFFICERS AGENTS EMPLOYEES & VOLUNTEERS JOB DESCRIPTION: DESIGN OF IRVINE WATER MAIN REPLACEMENT FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET ACORD CERTIFICATODF LIABILITY INSURAN JL DA E jM M /Y) gpCSR 0/18/04 PRODUCER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Commercial Brokers Ins. & ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE InsPro Agents /Brokers- #OB18019 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 2340 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sunnyvale CA 94087 -0340 GENERAL LIABILITY Phone:408- 481 -9342 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Continental Casualty Co. INSURER B: INSURER C: PREMISES Ea occurenca Daniel Boyle Engineering, Inc. 23231 Sou h Pointe Drive #103 Laguna Hills CA 92653 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DO DATE MWDDP/Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurenca $ CLAIMS MADE FI OCCUR MED UP (Any one person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP/OP AGO $ POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Persaicient) denl) $ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANYAUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ A OCCUR F� CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORYLIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR F PARTNER ECUTNE E.L. DISEASE - EA EMPLOYEE $ OFFICERMEMBER EXCLUDED? n yes deaWM under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER A PROFESSIONAL AEA 11- 375 -45 -38 01/07/04 01/07/05 PER CLAIM $1,000,000 LIABILITY AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS All operations of the insured including but not limited to the following project: Design of Irvine Avenue Water Main Replacement DBE No.: NO3- 110 -00 NEWPO -9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 011001302=111AIL 30 DAYS WRITTEN City of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Ms. Shauna Oyler P.O. Sox 1766 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ' Newport Beach CA 92658 -8915 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE James Lohmann ACORD 25 (2001108) 0 ACORD CORPORATION 1988 MAY -21 -2004 FRI 12:50 PM FAX N0. Fax #: 41 f J f Q CERTIFICATE OF INSURANCE CHECKLIST � City of Newport Beae This chackl!st is co pris of requirements as outlined by the City of Newport Beach. Data Received: 0 pt. /Conta _ ee ved fro Date Cample Sent r Company/Person required o have certificate: 1. GENERAL LIABILITY A. INSURANCE COMPANY: I D. E. �( F. G. AM BEST RATING (A: VII i P. 01 ADMITTED Company (Must be Califomia Admitted): j� Is Company admitted in California? x ❑ N LIMITS (Must be $1M or greater): What is limit provided? PRODUCTS AND COMPLETED OPERATIONS (Must include): Is It included? X Yes I ❑ No ADO1T10 ,bN=kSURED WORDING TO INCLUDE (The City its officers, fficials mployees and volunteers): Is it included? 0q Yes ❑ No PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? kYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence° wording? ❑ Yes KNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. R. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. C. ipr in F. G. AM BEST RATING (A: Vil { ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? LIMITS (Must be $1 M min. BI & PO and $500,000 UM): What is limits provided? ADDITIURED WORDING TO INCLUDE (The City its �,f officers officials mployees and volunteers): Is it included? JAl Yes PRIMARY NON - CONTRIBUTORY WORDING (For Waste Haulers only Is it Included? W A ❑ Yes NOTIFICATION OF CANCELLATION: Although there is a provision that requires notificafion of cancellation by certified mall: per Lauren Farley, the City will accept the endeavor wording. 1Ll []No III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. C. D. AM BEST RATING (A: VII < U No ❑ No LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? IJAVE ALL ABOVE REQUIREMENTS BEEN MET? 9irfes © Yes ❑ No • 0 C -4 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF IRVINE AVENUE WATER MAIN REPLACEMENT FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET THIS AGREEMENT, entered into this day of May 2001, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City'), and Daniel Boyle Engineering, Inc, whose address is 23231 South Pointe Drive, Suite 103, Laguna Hills, California 92653, (hereinafter referred to as "Consultant"), 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 cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to replace the water transmission main in Irvine Avenue from Santiago Drive to University Drive and in Jamboree Road from San Joaquin Hills Road to Eastbluff Drive as part of the County of Orange road widening. ( "Project "). C. City desires to engage Consultant to provide professional civil engineering services and prepare the plans and specifications for the Project, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant's team for purpose of the Project are: Joe Boyle, Project Manager and Tom Hooker, President. E. City has solicited and received a proposal from Consultant, has reviewed -1- the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided 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 day of May 2001, and shall terminate on the 30`h day of June 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of ninety three thousand, four hundred and one dollars and 001100 ($93,401.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. -2- 0 0 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants 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 the community professional standards. All services shall be performed by qualified and experienced personnel who -3- 0 0 are not employed by City, nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. H 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. 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 Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Michael J. Sinacori to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or -5- 0 0 reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule attached as Exhibit "C ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be -7- n • signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, it's elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of 19 • One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall 0 • i be construed as an assignment of this Agreement. 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 orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this -10- • • Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E., shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. -11- 19. RECORDS C� Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. -12- 11 0 Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for 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. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered -13- • 9 personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Michael J. Sinacori City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Tom Hooker Daniel Boyle Engineering, Inc. 23231 South Pointe Drive Suite 103 Laguna Hills, CA. 92653 (949) 768 -2600 Fax (949) 586 -5188 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting parry written notice thereof. -14- 0 0 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding -15- 0 0 or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- • i IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Ro in Clauson Assistant City Attorney AT In LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Gerold B. Adams, Mayor City of Newport Beach DANIEL BOYLE ENGINEERING, INC I r EXHIBIT "A" SCOPE OF SERVICES WATER TRANSMISSION MAIN REPLACEMENT IRVINE AVENUE, UNIVERSITY AVENUE TO SOUTH BRISTOL STREET TASK 1 - PRE - DESIGN Task 1.1 - Kickoff Meeting & Data Collection: Attend Kick -off meeting, obtain and review City atlas maps, record drawings and other data. Task 1.2 - Existing Utility Research: Contact Underground Service Alert (USA), utility owners and obtain record drawings. Task 1.3 - Base Mapping: Provide all technical support necessary to acquire, convert and utilize the County's design files which will be provided in Microstation format. The pipeline design will be done in AutoCAD format in accordance with the City's standards. Task 1.4 - Determine Horizontal Alignment: Analyze alternative pipeline alignments and make recommendation concerning most favorable alignment. Exhibits showing the proposed alignment will be prepared using aerial mapping and utility base plots. Task 1.5 - Identify Construction Issues: Identify construction issues, including the manufacture and availability of materials, construction methods and phasing, and other issues that may impact the construction schedule. Task 1.6 - Informal Meeting with City: Meet with City to review the proposed alignment. TASK 2 - FINAL DESIGN Task 2.1 - Corrosion Control Survey & Report: A Corrosion Control Report will be prepared to address the risk of soil corrosion and interference, groundwater conditions and other factors that might accelerate deterioration of the pipe or pipe coating. Task 2.2 - Design Survey: Provide field survey to identify and locate features having a critical relationship to the project. Task 2.3 - Field Review: Our technical staff will walk the alignment and by use of measurements and photographs document any differences between the actual field conditions and base mapping. DANIEL BOYLE ENGINEERING, INC. EXHIBYr "A" SCOPEOFSERVICES PAGE 1 of 3 V r Task 2.4 - Prepare Construction Drawings: Prepare one complete set of bidding documents ready for advertising. The pipeline construction drawings will show plan, aerial photo strip and profile. Scale will be 1 " =40' horizontal on plan and 1 " =4' or 1 " =8' for profiles. The following plan sheets are anticipated. Sheet No. Description Construction Notes, Sheet Index and Map, Misc 2 Plan & Profile 3 Plan & Profile 4 Plan & Profile 5 Plan & Profile 6 Plan & Profile 7 Connection & Valving Details 8 Lateral Connection Details 9 Details at Triple Box Culvert 10 Standard Appurtenance Details 1 I Pipe Construction and Joint Details 12 -13 Cathodic Protection Design Task 2.5 - Prepare Technical Specifications: Contractor's Bid Proposal Form, Special Provisions, Technical Specifications, and Appendices. The City will provide front -end contract documents. The final plans will be prepared in AutoCAD and all contract documents prepare in MS Word. Task 2.6 - 50% Design Submittal & Review: Submit preliminary title sheet, base plan and profile sheets (including sketches of connection details and sections), preliminary quantities and cost estimates. Task 2.7 - Mid - Design Review Meetings: After receiving City comments from the 50% review and prior to submitting 95% complete design, we anticipate several informal meetings with City staff to review specific aspects of the design, plans and specifications. We have included 16 hours of project engineer time for such meetings in our labor hours and fee. Task 2.8 - 95% Design Submittal & Review: Submit 95% final plans reflecting the City's 50% design review comments including complete and bound special provisions, contract documents, any appendices, and final construction quantities and cost estimate on the contractor's bid proposal form for final review and approval by the City. Task 2.9 - Prepare Traffic Control Plans: Traffic control plans will be prepared for the selected pipeline alignment and included in the bid construction plans. Task 2.10 - Final Review, Approval & Deliverables: Submit final plans reflecting the City's 95% design review comments and any final review comments, complete and bound special provisions, contract documents, and any appendices for final approval and plan signature by the Public Works Department. Task 2.11 - Additional Meetings & Coordination: Provide additional meetings and coordination with the County of Orange to maintain the pipeline design in lock -step with the County's road widening design. DANIEL BOYLE ENGINEERING, INC. EXH1117 "A" SCOPEOFSERVICES PAGE 2 of 3 0 0 Task 2.12 - De- Activate and Re- Activate Project: After receiving and incorporating 95% design review comments in approximately August 2001, de- activate the pipeline design until the County has the roadway and storm drain design near completion. Then re- activate the pipeline design and update it for any changes in the County's design. TASK 3 - BIDDING SUPPORT Task 3.1 - Provide Services During Bidding: Provide services during the bid period consisting of attending a pre -bid meeting for each project, answering questions pertaining to the construction drawings and technical specifications and assisting the City to prepare one bid addendum. TASK 4 - CONSTRUCTION SUPPORT Task 4.1 - Shop Drawing Review: Review contractor shop drawing submittals Task 4.2 - Plan Revisions & Change Orders: Prepare revisions and /or change orders to the plans and specifications as deemed necessary by the City (for purposes of estimating a fee we are assuming there will be a maximum of 3 revisions or change orders). Task 4.3 - Respond to RFCs & RFIs: Provide engineering services upon City's request to assist the City respond to requests for clarifications and requests for information regarding the technical aspects of the project. Task 4.4 - Prepare Record Drawings: Record Drawings of final plans based on red -lined plans provided by contractor after project construction is completed will be prepared. DANIEL BOYLE ENGINEERING, INC. EXHIBrr °A° SCOPEOFSERVICES PAGE 3 of 3 EXHIBIT "B" HOURLY RATE SCHEDULE FOR SERVICES BY DANIEL BOYLE ENGINEERING, INC. March 1, 2001 CLASSIFICATION BILLING RATE Managing Engineer $130.00 an hour Principal Engineer 119.00 an hour Senior Engineer II 107.00 an hour Senior Engineer I 100.00 an hour Senior Engineer 91.00 an hour Associate Engineer lI 83.00 an hour Associate Engineer I 78.00 an hour Senior Assistant Engineer 75.00 an hour Assistant Engineer II 68.00 an hour Assistant Engineer I 63.00 an hour Construction Representative 72.00 an hour CAD Specialist 72.00 an hour Senior Designer 68.00 an hour Designer 62.00 an hour CAD / Drafter 11 55.00 an hour CAD / Drafter I 45.00 an hour Intern / Aide 38.00 an hour Color Exhibit Plotting Costs 2.00 per sq. foot Mylar Plotting Costs 3.00 per sq. foot Other Supplies, Outside Services & Subconsultants Actual Cost Plus 15% It is understood and agreed that the aforementioned rates and charges include all normal clerical and stenographic services, auto travel, equipment and materials used in connection with the production of the required engineering services. Monthly billings will be furnished for all services rendered. Payments shall be due and payable upon presentation of invoices. DANIEL BOYLE ENGINEERING, INC. EXHIBIT "B" HOURLY RATE SCHEDULE PAGE 1 OF 1 -r CERTIFICAT40F LIABILITY INSURAI.E DATE 6/0120 PRODUCER Serial # A1148 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ARTS INSURANCE SERVICES 2101 BUSINESS CENTER DR., #230 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IRVINE, CA 92612 LICENSE NO. 0796446 INSURERS AFFORDING COVERAGE INSURED INSURER A: ASSURANCE CO OF AMERICA/ZURICH DANIEL BOYLE ENGINEERING INC. INSURER R: AMERICAN ZURICH INS. CO. 23231 S. POINTE DR., #103 INSURER C: LAGUNA HILLS, CA 92653 INSURER D: INSURER E: $ 10000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LM TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE DATE IMMIDONYI POLICY EXPIRATION DATE tMMODIM OMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE LAJ OCCUR 34112541 12/01/00 12/01/01 EACHOCCURRENCE $ 1000000 FIRE DAMAGE (Airy one fire) $ 1000000 MEDEXP(Anyonepe ) $ 10000 PERSONAL SADV INJURY S 1000000 GENERAL AGGREGATE $ 20D0000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC JECT PRODUCTS- COMP/OP AGO $ 2000000 A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 34112541 12101100 �UN i ^ IY 1 L 12/01/01 I OI i COMBINED SINGLE LIMIT (Es amdenU $ 1000000 BODILY INJURY (Per person) i X BODILY INJURY (Per sedtleM) $ X PROPERTY DAMAGE (Per accident) $ ...— GARAGE LIABILITY ANY AUTO )�, — _ J AUTO DNLY - EA ACCIDENT i OTHER THAN EA ACC AUTO ONLY: AGG $ S A EXCESS LIABILITY XJ OCCUR ED CLAIMS MADE DEDUCTIBLE X I RETENTION $ 0 34112541 12/01/00 12/01/01 EACH OCCURRENCE $ 1000000 AGGREGATE S 1D00000 i S Is B WORMERS COMPENSATION AND EMPLOYERS' LIABILITY 2043344 09/01/00 09/01/01 X I RY LIMITS ER E.L. EACH ACCIDENT S 1000000 E.L. DISEASE -EA EMPLOYEE S 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 DTNER DESCRIPTION OF OPERATIONSI LOCATIONSNEMCLESIEXCLUSIONS ADDED BY ENDORSEMENTSPECIAL PROVISIONS DESIGN OF IRVINE AVENUE WATER MAIN REPLACEMENT FROM UNIVERSITY DR. TO SOUTH BRISTOL ST. DBEI PROJECT #NO3-1 10-00 SEE ATTACHED ENDORSEMENT CERTIFICATE HOLDER I I Anmmnunl INAURFr . IumrarR I Fr p CANCELLATION ACORD 26 -S (7197) 1 U I 0 ACORD CORPORATION 1969 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THE CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING INSURER WILLVMI1QV6kTQ4dL 30 DAYS WRITTEN ATTN: MS. SHAUNA OYLER NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PUBLIC WORKS DEPT. LI ANr P.O. BOX 1768 AUr ORR 6E TnE NEWPORT BEACH, CA 92659 -8915 ACORD 26 -S (7197) 1 U I 0 ACORD CORPORATION 1969 CL 246 (11 -85) POLICY NUMBER: 3412541 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 1185 ADDITIONAL INSURE"WNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY CLAUSE ENDORSEMENT IT IS FURTHER AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHALL BE PRIMARY INSURANCE, BUT ONLY AS RESPECTS ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF THE ENGINEERING OPERATIONS OF THE NAMED INSURED AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE NON - CONTRIBUTING. jk�4&v SHA A TIAN FOR ARIS (AUTHORIZED REPRESENTATIVE) XCG2010 Copyright. insurance services Office. Inc.. 1984 • • WC 252 (ED. 4 -84) WC 04 03 06 (ED. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED EFFECTIVE ON THE INCEPTION DATE OF THE POLICY UNLESS A DIFFERENT DATE IS INDICATED BELOW. (THE FOLLOWING "ATTACHED CLAUSE" NEED BE COMPLETED ONLY WHEN THIS ENDORSEMENT IS ISSUED SUBSEQUENT TO THE PREPARATION OF THE POLICY) THIS ENDORSEMENT, EFFECTIVE ON 06/05/01 AT 12:01 A.M. STANDARD TIME, FORMS A PART OF POLICY NO.2043344 OF THE AMERICAN ZURICH INSURANCE COMPANY ISSUED TO DANIEL BOYLE ENGINEERING, INC. WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. (THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM SERVICES UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.) SCHEDULE PERSON OR ORGANIZATION: THE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JOB DESCRIPTION: DESIGN OF IRVINE AVENUE WATER MAIN REPLACEMENT FROM UNIVERSITY DR. TO SOUTH BRISTOL ST. L� M SHA TIAN (Authorized Representative) ACORD CERTIFICAIS OF LIABILITY INSUR&CECSR JL DATE(MWDD/YY) BOYLE -1 05/09/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Commercial Brokers Ins. 8 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ins Pro Agents /Brokers- #OB18019 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 2340 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sunnyvale CA 94087 -0340 COMPANIES AFFORDING COVERAGE James Lohman Phonetic. 408- 481 -9342 Fax NO. COMPANY A Continental Casualty Co. INSURED COMPANY B COMPANY Daniel Boyle Engineering, Inc. C MAY 2001 23231 South Pointe Drive #103 Laguna Hills CA 92653 COMPANY I COVERAGES pLpL���____).,_;.. -` THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AEIO 'THE?O CY- PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDNY) POLICY DATE I/ LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE DOCCUR PERSONAL S ADV INJURY $ EACH OCCURRENCE t OWNER'S M CONTRACTOR'S PROT FIRE DAMAGE (Arty one /ire) S MED EXP (Any cne Person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ BODILY IN (Per person) ) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Par accident) t HIREDAUTOS NON -OWNEDAUTOS PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AVTO EACH ACCIDENT $ AGGREGATE 5 EXCESS LL481UTY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS LIABILITY NtC CTATV- OTH. ER EACH ACCIDENT EL EACH ACCIDENT _ t THE PROPRIETOI INCL PARTNERS/EXECUTIVE EL DISEASE - POLICY LAMB $ EL DISEASE - EA EMPLOYEE $ OFFICERSARE: EXCL OTHER A PROFESSIONAL AEE 11- 375 -45 -38 01/07/00 01/07/03 PER CLAIM $1,000,000 LIABILITY AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECVLL ITEMS All operations of the insured including but not limited to the following project: City ofNewpgrt Beach Design of Irvine Avenue Water Replacement from University Drive to South Bristol Street DBE,I Project NO3- 110 -00 CERTIFICATE HOLDER CANCELLATION NEWPO -8 SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL Attn : Ms. Shaun Oyler Public Works Department P.O. Box 1768 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Newport Beach CA 92659 -8915 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �} James Lohmann ACORD 25 -S (1195)" ACORD CORPORATION 1988