HomeMy WebLinkAboutC-8833-1 - PSA for Balboa Blvd and Newport Blvd Pavement Rehabilitation Project Designi
(10
CC) AMENDMENT NO. ONE TO
DD PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
V BALBOA BOULEVARD AND NEWPORT BOULEVARD PAVEMENT
REHABILITATION PROJECT DESIGN
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 30th day of May, 2023
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PSOMAS, a California corporation
("Consultant"), whose address is 555 South Flower Street, Suite 4300, Los Angeles,
California 90071, and is made with reference to the following:
RECITALS
A. On March 8, 2022, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide professional design and engineering services
for the Balboa Boulevard and Newport Boulevard Pavement Rehabilitation 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, 2025 and to increase the total compensation.
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, 2025, 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. Exhibit
B to the Agreement, and Exhibit B to this Amendment No. One shall collectively be known
as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Five Hundred Eighty Five
Thousand Six Hundred Ninety Six Dollars and 00/100 ($585,696.00), 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 Fifty
Seven Thousand One Hundred Thirty Dollars and 00/100 ($57,130.00).
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]
PSOMAS Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California unicipal corporation
Date: S'�/ Z/�� Date: T 20 7-3
By:jt5�;40dZ) By:
_ '*%—
ron C. Harp 5• ZZ•Z7 o1c, Gr ce . Leung
ity Attorney C4<Manager
ATTEST: CONSULTANT: PSOMAS, a California
Date:; �'�23 corporation
Date:
r
1 to 7a" A�
rmrnDa.,,"
-'�
Brown
City
Signed in Counterpart
By:
Robert J. Talafus
Vice President
Date:
By:_
Signed in Counterpart
Chad Wilson
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
PSOMAS Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
�-
Date: Z z Z 13
�J
By:
a n C. Harp s•zz-z3 wc,
Cit�Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT:
corporation
Date:
By:
Robert J. Talai
Vice President
PSOMAS, a California
Date: � /,z,?j7,3
Bv: Cw P;� A")�
Chad Wilson
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
PSOMAS Page 3
EXHIBIT A
SCOPE OF SERVICES
PSOMAS Page A-1
EXHIBIT A
SCOPE OF SERVICES
ADDITIONAL SERVICES
PROJECT UNDERSTANDING
Additional design work per this Amendment No. One includes developing a plan for
pavement rehabilitation of the existing asphalt roadway, reconstruction of deteriorated
concrete flatwork, completion of ADA improvements within the project areas, adjustment
of utilities to grade, and installation of street signs and pavement striping on 32" d Street
between Balboa Boulevard and Marcus Avenue.
The additional scope of work excludes pavement engineering services. The City has
elected to provide pavement rehabilitation criteria and denote any dig -out locations.
Consultant shall complete the design to upgrade/construct (2) two curb ramps to current
standards. Specifically, one (1) curb ramp is at the northwest curb return at 32" d Street
and Lake Avenue and the other is at the easterly side of 32nd Street fronting the midblock
crosswalk adjacent to the shopping plaza driveway approach. It is anticipated that the
existing street light at the midblock crosswalk will be removed and relocated for the new
curb ramp.
SCOPE OF WORK
Task 1 -Design Surveying
The limits of the survey as discussed are shown Exhibit "C." Cross -sections will be
collected at approximate 25-foot intervals from back of sidewalk to back of sidewalk.
Cross -sections of the sidewalks and streets will include the following information:
• Top of curb
• Driveways & curb cuts
• Surface -visible utilities in sidewalk and street
• Natural Ground
• Pavement striping
• Drainage Structures
• Back of Sidewalk
• Sign posts
• Parking meters
• Crosswalk delineations
• Curb Ramps
Horizontal control will be relative to the North American Datum of 1983 (NAD83), with
coordinates based on the California Coordinate System (CCS83, Zone VI) based on
the Orange County horizontal control network's latest adjustment. Vertical control will
be based on the County of Orange benchmark system, relative to the North American
Vertical Datum of 1988 (NAVD88), 1995 adjustment.
Task 2 -Base Mapping
Once field activities have been performed and the data has been processed,
Consultant will then revise the base map per the data collected in Task 1 above and
results of research, signing & striping inventory and utility coordination discussed in
Task 4 below. The revised base map will include, as a minimum, street centerlines,
right-of-way lines, field located topographic features, one -foot contour lines, all
existing utility lines and existing signing and striping. The revised base map will be
field verified by Consultant.
Concurrent with the Topographic Mapping task noted above, Consultant will tie in
centerline monuments within the project's limits to establish the centerlines of the
street. Monuments at centerline intersections, angle points and/or points of curvature
will be tied in and noted as to what was found. Crossing street centerlines will be
established at record map angle. The centerline and right of way will extend to
Newport Boulevard.
Task 3 — Plan Preparation (30%, 90%, 100% Design)
Research and Data Collection — Consultant will gather and review all available
information such as preliminary engineering reports, record drawings, assessor's
parcel maps, right-of-way maps, street centerline ties, city and county map records
and utility maps.
Utility Coordination — City staff will send out the first utility request for 32nd Street
and will forward the received maps/atlas to Consultant. Consultant will identify
utilities within project limits on construction drawings. Consultant will send out utility
verification and/or relocation notices. Utility adjustments and relocations will be
shown on contract drawings.
Signing and Striping Inventory — Consultant will document all existing signs and
striping, identify the sign type, size, orientation and condition, identify striping types
and pavement markings and markers necessary to create the additional Signing and
Striping plans. The City may modify the existing signing and striping as part of
design.
Construction Plans — Consultant will revise the plans to add the pavement
rehabilitation improvements for 32nd Street to the construction plans. For clarity
purposes, details will be drawn at a larger scale. Consultant will update the Title
Sheet, Horizontal Control Sheet, Typical Sections, Plan and Profile Sheets, Details,
and Signing and Striping Plans to include the 32n6 Street improvements.
The Signing and Striping Plans will include replacing and upgrading signs to meet
MUTCD standards and identify missing signs per MUTCD standards. Final Signing
and Striping plans will be a complete consolidation of signs that incorporate City
review comments. All new required traffic signal detector loops within City of
Newport Beach jurisdiction will be proposed on the Signing and Striping Plans.
Street cross sections showing existing condition and proposed improvements will be
provided at every 25-foot interval.
Drawings will be prepared in AutoCAD Civil 3D 2018 and will comply with City CAD
standards.
Special Provisions — Consultant will revise the Special Provisions to the Standard
Specifications for Public Works Construction (2015 Edition) in Microsoft Word to add
the 32nd Street improvements. An electronic copy in Microsoft Word format will be
submitted at the completion of design.
Cost Estimate — Consultant will add the 32nd Street improvements to the itemized
cost estimate. Quantity back-ups will also be submitted with the cost estimate. Cost
Estimate will be prepared in Microsoft Excel format. This will be an Engineer's
Estimate of Probable Cost and Contractor is responsible for preparing their own
construction cost estimate for their purposes. This Engineer's estimate is intended
to assist the City in evaluating Contractor bids.
Milestone submittals include:
A. 30 Percent (30%) Base Map- Includes a strip plot (plan view only) showing
existing topography and/or aerial, utilities, and signing and striping of 32nd
Street.
B. 90 Percent (90%) Design — Includes draft final plans, completed specifications,
and final quantities and cost estimates. All 30% design review comments will
be addressed at this time.
C. 100 Percent (100%) Final Design — Includes final plans, completed
specifications, and final quantities and cost estimates. All 90% design review
comments will be addressed at this time.
Task 4 — Project Management and Coordination
Consultant will continue to meet with City staff during the design process to review
and discuss progress and coordinate courses of action. Consultant will continue to
provide project management and coordination between the City, Consultant and other
Project Consultants. Maintain communications with the City relating to development
of the project design and technical issues and/or decisions.
Task 5— Construction Support Services
As -built Drawings and Project Close Out — Upon completion of construction,
Consultant will prepare as -built drawings based on Contractor mark-ups to add the
32nd Street improvements. As -built drawings will be submitted in AutoCAD and Adobe
(PDF) format. Mylar hard copies are not required.
The following items are excluded in this proposal:
• Pavement Engineering Services- City will provide pavement rehabilitation
criteria and any dig -out locations
• Landscape & Electrical Engineering Services
• Utility Design Services, unless noted above
• Hydrology and Hydraulics Analysis
• Water Quality Management Plan
• Storm Water Pollution Prevention Plan
• Right of way or property acquisitions
• Pre -Construction Corner Records or Record of Survey
• Review of title reports
• Encroachment permit cost
• Permits from other agencies besides the City of Newport Beach will not be
required.
• Traffic Control Plans
• Temporary Traffic Signal plans are assumed not required and are excluded.
• Signal timing development is assumed not required and is excluded.
• Signal interconnect design is assumed not required and is excluded.
• Signal modification plan at Balboa Avenue and 32nd Street is assumed not
required and is excluded.
EXHIBIT B
SCHEDULE OF BILLING RATES
PSOMAS Page B-1
EXHIBIT B
BILLING RATES
FOR THE ADDITIONAL SERVICES ADDED BY AMENDMENT NO. ONE
Task
Total
Task 1 (Design Surveying)
$7,300.00
Task 2 (Base Mapping)
$6,642.00
Task 3 (30% Design)
$4,750.00
Task 3.1 (90% Design)
$21,032.00
Task 3.2 (100% Design)
$5,484.00
Task 4 (Project Management and
Coordination)$8,800.00
Task 5 (Construction Support)
$3,122.00
TOTAL Amendment No. One
Not to Exceed
$57,130.00
i
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
U BALBOA BOULEVARD AND NEWPORT BOULEVARD PAVEMENT
REHABILITATION PROJECT DESIGN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 8th day of March, 2022 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
PSOMAS, a California corporation ("Consultant"), whose address with the California
Secretary of State is 555 S. Flower Street, Suite 4300, Los Angeles, California 90071 with
a local address of 5 Hutton Centre, Suite 300, Santa Ana, California 92707, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional design and engineering
services for the Balboa Boulevard and Newport Boulevard Pavement
Rehabilitation Project ((Balboa Boulevard — West Coast Hwy to 12th St, Newport
Boulevard — 30th St to 22nd St (McFadden)) ("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 December 31, 2023, 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 Five Hundred Twenty
Eight Thousand Five Hundred Sixty Six Dollars and 00/100 ($528,566.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
PSOMAS Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Matt Heideman, 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
PSOMAS Page 3
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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
PSOMAS Page 4
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
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.
PSOMAS 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 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
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
PSOMAS Page 6
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.
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
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
PSOMAS Page 7
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 seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
PSOMAS Page 8
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: Robert J. Talfus, P.E.
PSOMAS
5 Hutton Center Drive, Suite 300
Santa Ana, CA 92707
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
PSOMAS Page 9
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.
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.
PSOMAS Page 10
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 Controllinq Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
PSOMAS Page 11
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
PSOMAS Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: :) '7 /tea
By:)674(mo)
a on C. Har oma ti • tt,
Clty Attorney
ATTEST:
Date: 3, q. Z 0Z
c
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
evin Muldoon
Mayor
CONSULTANT: PSOMAS, a California
corporation
Date:
Signed in Counterpart
By:
Robert J. Talfus
Vice President
Date:
By: Signed in Counterpart
Chad Wilson
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
PSOMAS Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ,:? i 1-J ha
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
yv-" I.Q. Kevin Muldoon
Mayor
CONSULTANT:
corporation
Date: ZIIe4
PSOMAS, a California
By:
Robert J.#
Vice President
Date: 07 2Y Zaz2
By: Oj Ar
Chad Wilson
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
PSOMAS Page 13
EXHIBIT A
SCOPE OF SERVICES
PSOMAS Page A-1
Page A-1
February 8, 2022, Revised
Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project
City of Newport Beach
Exhibit "A"
SCOPE OF WORK
Psomas shall provide the following services:
Task 1 -Design Surveying
The proposed street improvements as defined in the RFP for Balboa Boulevard are between PCH and
12th Street on Balboa Boulevard, and 30th Street to Balboa Boulevard on Newport Boulevard.
With the availability of street sweeping days Monday, Tuesday and Wednesday, combined with
metered parking and no parking/stopping areas, we have determined that the use of Mobile Terrestrial
Lidar Scanning (MTLS) will prove a cost-effective means for data collection in the field without the
sacrifice of accuracy. Parked cars, trees, surface utilities, and street furniture may still require
additional conventional surveying to fill in shadow areas or identify utilities. We will use a
combination of conventional surveying, fast -static GPS for horizontal control and differential digital
levels for vertical control to control the 19 MTLS targets. We will also use such methods to collect
check shots for tightening of MTLS registration, and the street centerline monuments.
Cross-sections will be at 25 -foot intervals from back of sidewalk to back of sidewalk on the provided
Location Map (Figure "A" below). Cross-sections of the sidewalks and streets will include the
following information:
Top of curb
Flow lines
• Edge of gutters
• Grade breaks
• Driveways & curb cuts
• Surface -visible utilities
in sidewalk and street
• Natural ground
• Pavement striping
• Drainage structures
• Back of sidewalk
• Sign type and orientation
• Weep holes
• Parking meters
• Crosswalk delineations
• Curb ramps
• Manholes (horizontally
only, no invert
elevations)
• Tree
Minimal survey of 113 ramps where truncated domes exist. Survey limits for ramps (40) without
domes will include full detail of ramps and surrounding surface features.
Survey limits up to and including BCR/ECR and shots approximately 10' beyond for minimal shots
within alleyways and side streets to note drainage direction. (8 alleys within project limits are
excluded as they were previously completed under Contract No. 7976-1).
Horizontal control will be relative to the North American Datum of 1983 (NAD83), with coordinates
based on the California Coordinate System (CCS83, Zone VI) based on the Orange County horizontal
control network's latest adjustment. Vertical control will be based on the County of Orange
benchmark system, relative to the North American Vertical Datum of 1988 (NAVD88), 1995
adjustment.
See Figure "A" below for overall lengths and locations. Note: the limits of survey for Balboa
Boulevard extend to PCH beyond what is shown on the Figure.
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Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project
City of Newport Beach
Figure "A"
Task 2 - Base Mapping
Once field activities have been performed and the data has been processed, Psomas will prepare a
base map per the data collected in Task 1 above and results of research, signing & striping inventory
and utility coordination discussed in Task 3 below. The base map will include, as a minimum, street
centerlines, right-of-way lines, field located topographic features, one -foot contour lines, all existing
utility lines and existing signing and striping. The base map will be field verified by Psomas.
Concurrent with the Topographic Mapping task noted above, Psomas will tie in centerline
monuments within the project's limits to establish the centerlines of the street. Monuments at
centerline intersections, angle points and/or points of curvature will be tied in and noted as to what
was found, depth, and its public document reference on a street right of way base map file. Crossing
street centerlines will be established at record map angle. Balboa Boulevard and crossing street rights
of way will be established at record offset as shown on record maps and county assessor maps.
Task 3 - Plan Preparation (30%, 50%, 90% and 100% Design)
Research and Data Collection — Psomas will gather and review all available information such as
preliminary engineering reports, record drawings, assessor's parcel maps, right-of-way maps, street
centerline ties, city and county map records and utility maps.
Utility Coordination — City staff will send out the first utility request and will forward the received
maps/atlas to Psomas. Psomas will identify utilities within project limits on construction drawings.
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Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project
City of Newport Beach
Psomas will send out utility verification and/or relocation notices. Utility adjustments and
relocations will be shown on contract drawings.
Signing and Striping Inventory — Psomas will document all existing signs and striping, identify
the sign type, size, orientation and condition, identify striping types and pavement markings and
markers necessary to create the Signing and Striping plans. The City may modify the existing
signing and striping as part of design.
Provide Pavement Report — GMU will provide a pavement report, which includes determination of
existing pavement structural sections and several recommended flexible pavement structural sections
Field pavement coring shall also be included. Isolated pavement reconstruction "dig -outs" shall be
identified (if applicable).
The purpose of this task is to evaluate the conditions of the pavements, to record a detailed condition
analysis in conjunction with a proposed materials investigation, and to then prepare a recommended
course of structural improvements for all asphalt pavement areas.
The following proposed structural investigation, by pavement coring method and laboratory analysis,
provides the City with a rational design, enhancing future pavement performance and reducing risks.
The comprehensive study defines subgrade strengths (R -Value Test Method) beneath the pavement
surface which may impact both construction logistics and long-term performance prior to pavement
construction operations.
All testing and engineering services proposed herein will provide current structural needs and
reinforcement requirements based upon the California Highway Design Manual.
GMU Pavement Engineering will provide the following services:
Document Review and Dig Alert Coordination
GMU will perform a document review of existing as -built drawings and past geotechnical/pavement
reports provided to us. The information gathered from this review will be considered in the analysis
(i.e., existing pavement section thicknesses, date of last pavement improvement work, etc.).
Pavement coring locations will be marked and Dig Alert (Underground Service Alert) will be notified
to assess potential conflicts with known underground utilities prior to performing pavement corings.
Deflection Testing and Analysis
Non-destructive pavement deflection testing will be performed in accordance with California Test
356. Deflection testing involves applying an impact load (simulating truck traffic) and measuring the
corresponding deflection response. Generally, lower deflection readings indicate a stronger pavement
section whereas higher deflection measurements indicate weaker pavement section.
Benefits of deflection testing include:
• Compared to pavement repair recommendations derived primarily from coring data and
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Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project
City of Newport Beach
subgrade R -value tests, performing deflection testing and analysis of deflection data often
allows more cost-effective pavement repair recommendations to be developed.
Allowing the in-place structural capacity to be determined and analyzed.
Identification of potential weak areas that visual surface inspection cannot.
We propose to perform deflection testing at 250 -foot intervals. Each deflection test point will be geo-
referenced using a sub -meter accuracy GPS system. The tests will be staggered between the lanes in
both directions of travel to increase the coverage of each section. The approximate total number of
test points is 210. One (1) day of pavement deflection testing will be performed.
Moving closure traffic control (traffic control truck with arrow boards) following behind the
deflection testing equipment will be utilized. We assume that traffic control plans will not be
required. If required, we can revise our estimate accordingly to include the cost to prepare and stamp
the plans.
Ground Penetrating Radar Testing and Analysis
GMU will perform ground penetrating radar (GPR) testing services. Ground penetrating radar testing
involves sending radar signals into the pavement and analyzing the generated images to identify AC,
AB, and PCC layers and their thicknesses on a continuous basis. The approximate location of
underlying PCC can be determined with this type of testing and can be compared to information
derived from the as -built plans. Deliverables will include tabular results and cross-sectional plots. We
are assuming the following:
• One (1) single channel GPR file per surveyed lane, all through travel lanes
• Data will be collected with a GSSI SIR -20 and a 2GHz horn antenna. GPS will also be
collected w/ the GPR data resulting in a DZT, DZX, and DZG file for each lane surveyed.
• A metal plate "jump test" will be collected on the day of data collection
Subsurface Exploration
GMU will obtain an encroachment permit from the City of Newport Beach for the proposed
subsurface exploration. We have assumed permits from other agencies are not required.
GMU will perform a total of 16 pavement corings. Our budget assumes two (2) days of pavement
coring will be performed. We propose to perform subsurface exploration between the hours of 8 am
and 5 pm. The subsurface exploration will be performed to a maximum depth of four feet (4) below
the top of the existing asphalt surface using an electric -powered core drill. Sampling and digging
below the AC section will be performed using hand tools. The thickness of the existing asphalt
concrete (AC) and aggregate base (AB), if present, will be recorded. Paving fabric will be
documented, if encountered. Underlying PCC, if encountered, will be recorded. Bulk samples of the
subgrade soil will be collected. Upon completion of the sampling, the core hole will be backfilled
with soil cuttings or other suitable backfill materials and capped with asphalt concrete cold patch.
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City of Newport Beach
Traffic control will consist of single lane closures, performed in accordance with the WATCH
Manual. Traffic control will consist of cones and arrow boards that will redirect vehicles around our
work zone. GMU assumes that traffic control plans will not be required and costs to have traffic
control plans prepared or stamped are not considered in our fee.
Laboratory Testing
Perform laboratory testing of the samples collected from the pavement corings in our in-house
Caltrans certified pavement materials laboratory. Testing may include the following:
• Maximum density and optimum moisture content
• Laboratory soil classification (Atterberg Limits and Percent Passing No. 200 Sieve)
• R -value testing
• In-place moisture content
The exact type and quantity of tests will be dependent on the conditions encountered.
Laboratory tests to develop mix design recommendations (i.e., cold or hot in-place recycled AC, full -
depth reclamation with cement treatment, etc.) is not included in the proposed laboratory testing
program. Mix design laboratory testing services can be provided under a separate proposal if those
types of pavement repair strategies are later recommended.
Pavement Engineering Analysis
Pavement engineering analysis will be performed in accordance with the Caltrans Highway Design
Manual.
Caltrans AC design methodology consists of two primary design procedures. For complete
reconstruction strategies (or patches), Caltrans methodology considers the relationship between the
traffic index (TI), subgrade soil strength (through R -value testing), and the gravel factors of the
various pavement layers, to allow us to calculate the required replacement pavement thicknesses. For
rehabilitation strategies (i.e., mill -and -overlay, cold/hot in-place recycling, etc.), Caltrans
methodology considers the deflection testing's readings and compares it to "tolerable" deflections to
assess structural adequacy. Variables such as the in-place AC pavement thickness and design traffic
index are factored into the analysis to determine the required mill -and -overlay thickness to achieve
structural adequacy.
Identification of Isolated AC Repair Locations
Identifying localized AC repair areas can be very subjective. A GMU Pavement Engineer will
identify isolated AC repair locations, based on a combination of factors such as:
• Type and severity of the pavement surface distress type (i.e., medium- or high -severity load -
related distresses such as alligator cracking or depressions).
• Deflection testing data (i.e., areas with exceedingly high deflection measurements).
• Coring data (i.e., areas with inadequately thick in-place pavement)
• Laboratory data (i.e., areas with high subgrade moisture content).
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Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project
City of Newport Beach
The locations will be marked on a plan and provided to the civil design firm to incorporate into the
street improvement plans. Areas highly recommended for isolated AC repairs (i.e., "must do" areas)
will be illustrated in red. Areas that are recommended for isolated AC repairs (i.e., "on -the -fence")
will be illustrated in orange. Ideally, all red and orange areas should be addressed with an isolated AC
repair; however, we understand that often times, amount of isolated AC repairs will need to be
prioritized and this approach allows flexibility for the design team to do so.
Our cost includes two (2) days for a GMU pavement engineer to perform a walking survey and map
the limits of the recommended patch repair areas.
Pavement Evaluation Report
One draft report and one final report will be prepared to summarize our findings and conclusions. The
final report will include:
• Summary of information gathered from the document review;
• Project location map;
• Subsurface exploration location map;
• Pavement coring information (asphalt concrete thickness, fabric, aggregate base thickness,
subgrade soil type, etc.)
• Select photographs of the pavement surface condition;
• Deflection results;
• GPR pavement thickness testing results;
• Laboratory testing results;
• Localized pavement repair location map; and
• Pavement rehabilitation strategy recommendations, including thickness recommendations.
GMU will provide two (2) pavement repair recommendations to provide options for the City. GMU
possesses extensive experience in developing cost-effective pavement repair alternatives, including
the following:
• Localized AC repairs (patches) followed by mill -and -overlay repair using conventional AC or
rubberized AC pavement;
• Cold in-place (CIR) or cold central plant recycled (CCPR) asphalt concrete (AC) pavement;
• Cement stabilized pulverized base (CSPB) as part of the pavement structural section;
• Cement- or lime -stabilized soils (CSS or LSB) for subgrade stabilization and/or as part of the
pavement structural section;
• Fiber -reinforced asphalt concrete (FRAC) to improve reflective cracking resistance and/or
reduce required AC thickness;
• Rubberized hot -mix asphalt (RHMA or ARHM overlays);
• Geogrid/geotextiles to reduce required aggregate base thickness or to stabilize subgrade
conditions; and more.
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Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project
City of Newport Beach
The procedures described above and GMU's experience in design and construction of these strategies
allows us to recommend cost-effective alternative pavement repair strategies.
The final report will be signed and stamped by a California registered civil engineer.
Construction Plans — Construction drawings will be at a scale of 1 inch = 40 feet. For clarity
purposes, details will be drawn at a larger scale. As a minimum, construction drawings will include a
Title Sheet, Typical Sections, Plan and Profile Sheets, Details, and Signing and Striping Plans. The
Signing and Striping Plans will include replacing and upgrading signs to meet MUTCD standards and
identify missing signs per MUTCD standards. Final Signing and Striping plans will be a complete
consolidation of signs that incorporate City review comments. All new required traffic signal detector
loops within City of Newport Beach jurisdiction will be proposed on the Signing and Striping Plans.
Drawings will be prepared in AutoCAD Civil 3D and will comply with the City's CAD standards.
Once design has been completed, Psomas will submit electronic files of each submittal and final
drawings in both AutoCAD and Adobe (PDF) formats.
Traffic Signal Modification Plan (Caltrans) - Psomas will prepare one (1) Traffic Signal
Modification Plan per Caltrans standard at the intersection of Pacific Coast Highway & Balboa
Boulevard. Psomas will perform one (1) site visit and verify existing condition at the intersection.
Plan will be prepared adhering to the latest Caltrans' Standard plans, formats and requirements. Plan
will be prepared at a scale of 1"=20'. Plan will show new, removed, existing, and relocated signal
equipment as applicable, along with the proper conduit and conductor dispositions.
Temporary Traffic Control Plans (Caltrans) - Psomas will prepare Temporary Traffic Control
Plans that extend into Caltrans' jurisdiction, as part of the encroachment permit. Plans will follow
Caltrans' standards and requirements at a scale of 1 "=40' for purposes of pavement rehabilitation on
Balboa Boulevard. It is our assumption that temporary traffic control will be needed to submit to
Caltrans for the northbound and southbound closure of W Balboa Boulevard. Up to two (2) stages of
Temporary Traffic Control plans are expected.
Procure Caltrans Encroachment Permit and Processing- Psomas will complete an Encroachment
Permit form and submit it along with required construction documents for processing, review and
issuance of permit by Caltrans District 12. It is our assumption the contractor will submit a separate
double permit prior to construction.
Special Provisions — Psomas will prepare Special Provisions to the Standard Specifications for
Public Works Construction (2015 Edition) in Microsoft Word. An electronic copy in Microsoft Word
format shall be submitted at the completion of design. City staff will provide a Special Provision
boilerplate.
Cost Estimate — Psomas will prepare an itemized cost estimate. Quantity back-ups including bid item
quantities per plan sheet shall also be submitted with the cost estimate. Cost Estimate will be prepared
in Microsoft Excel format. This will be an Engineer's Estimate of Probable Cost and Contractor is
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Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project
City of Newport Beach
responsible for preparing their own construction cost estimate for their purposes. This Engineer's
estimate is intended to assist the City in evaluating Contractor bids.
Progress submittals and/or meetings will be required throughout the design process. Milestone
submittals include:
A. 30 Percent (30%) Base Map- Includes a strip plot (plan view only) showing existing
topography and/or aerial, utilities, and signing and striping.
B. 50 Percent (50%) Design — Includes preliminary title sheet, typical sections, plan and
profile sheets, preliminary striping plan, cross sections, outline of specifications and
preliminary quantities and cost estimates. Identify potential drainage issues and propose
improvements to address any drainage deficiencies. Submit cross sections that show
existing and proposed cross slopes. All 30 percent design review comments shall be
addressed at this time.
C. 90 Percent (90%) Design — Includes draft final plans, completed specifications, and final
quantities and cost estimates. All 50% design review comments will be addressed at this
time.
D. 100 Percent (100%) Final Design— Includes final plans, completed specifications, and
final quantities and cost estimates. All 90% design review comments will be addressed at
this time.
City Responsibilities — The City shall provide the following items to assist Psomas in completing the
services:
. Existing plans that are available and applicable to the proposed project
. Design criteria and standards that are available and applicable to the proposed project
. Utility Maps/Atlas received from utility owners
. Sample contract documents from previous projects for reference
. City's GIS system with City owned utilities (water, sewer, and storm drain)
Task 4 - Project Management, Coordination and Meetings
Psomas will meet with City staff and/or Caltrans District 12 during the design process to review and
discuss progress and coordinate courses of action. It is anticipated that a maximum of six (6) design
meetings will be required in addition to an initial project kick-off meeting, and project submittal
meetings at 30%, 50%, 90% and 100% design submittals.
Psomas will provide project management and coordination between the City, Caltrans, Psomas and other
project consultants. We will prepare meeting agendas and minutes, distribute progress documents, and
review information provided by other consultants. We will compile and coordinate submittal
documents and monitor and report on project schedule, scope of work and budgets. Psomas will
FAEngr Group\Engr Clerical\PROPOSALS\City of Newport Beach\Newport Blvd and Balboa Blvd - Pavement Rehabilitation\Balboa Blvd and Newport Blvd -Pavement Rehab
Proposal PSA Exhibit A.docx
Page A-9
February 8, 2022, Revised
Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project
City of Newport Beach
maintain communications with the City relating to development of the project design, technical issues
and decisions, and requests for information from other team members or agencies.
Task 5 — Construction Support Services
Psomas shall revise final construction drawings, project specifications, and bid addendum during the
bidding process and resolve discrepancies.
Psomas shall attend the pre -construction meeting and shall be available to respond to questions.
Psomas shall review shop drawing and/or material submittals related to the design.
Psomas shall provide guidance and recommendations to the City with respect to the Contractor's
general conformance to plans and specifications. Psomas will not be responsible for project
construction inspection but will provide observation when appropriate and provide clarifications and
recommendations as issues arise relative to the plans prepared by the team.
Construction duration is assumed to be approximately eight (8) months for purposes of estimating
these services.
As -built Drawings and Project Close Out — Upon completion of construction, Psomas shall prepare
as- built drawings based on Contractor mark-ups. As -built drawings shall be submitted in AutoCAD
and Adobe (PDF) format. Mylar hard copies are not required.
The following items are excluded in this proposal:
• Aerial mapping and Orthophoto production
• Legal descriptions and plats for permanent and temporary acquisitions
• Invert elevations of wet utilities
• Right of way or property acquisitions
• Pre -Construction Corner Records
• Record of Survey
• Construction Staking
• Procurement of a Caltrans Encroachment Permit for design surveying purposes.
• Preparation of a Traffic Control Plan for design surveying purposes.
• Research and review of easement deeds or title reports
• GMU assumes that pavement corings will be performed outside of Caltrans right-of-way and
permits from other agencies besides the City of Newport Beach are not required. If required,
Caltrans encroachment permits can be obtained.
• GMU assumes the City of Newport Beach will provide the Psomas Team a free
encroachment permit for our field investigations. We have assumed that permits from other
agencies will not be required and those costs to obtain such permits have not been included.
• GMU assumes that traffic control plans are not required, and the traffic control is performed
using WATCH Manual.
FAEngr Group\Engr Clerical\PROPOSALS\City of Newport Beach\Newport Blvd and Balboa Blvd - Pavement Rehabilitation\Balboa Blvd and Newport Blvd -Pavement Rehab
Proposal_PSA Exhibit A.docx
Page A-10
February 8, 2022, Revised
Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project
City of Newport Beach
• GMU assumes backfilling the boreholes with the soil cuttings and surfacing them with AC
cold patch is acceptable. Sand blasting to remove Dig Alert markings, pavement grinding,
and hot asphalt patch were not considered in our cost estimate.
• This proposal specifically excludes the assessment of environmental characteristics,
particularly those involving hazardous substances at the site. In the event suspicious
subsurface materials are encountered, visually or by odor, in the geotechnical test borings,
such drilling will be immediately terminated until we receive direction from the City. GMU
will notify Psomas, as soon as possible, of such an occurrence. Psomas and GMU will
mutually decide whether to continue, modify, or cease the remainder of the drilling program
or whether an environmental assessment should be conducted. All added costs incurred
because of suspected hazardous substances will be charged on a time and expense basis over
and above the established fees for the site investigation.
• Utility relocation design is not required and is excluded. Utility information will be obtained
by researching existing improvement plans. Potholing is assumed not to be required.
• Temporary Traffic Signal plans are assumed not to be required and are excluded.
• Design Exceptions and the development of Caltrans Design Standard Decision Document
(DSDD) is assumed not to be required and is excluded.
• Relocation, removal or design of any existing overhead or underground dry utility systems
(on- or off-site) affected by the proposed project improvements.
• Field identification of utility lines/conflicts. It will be the responsibility of the City and their
contractor to coordinate any necessary pothole/survey effort in the field. The City and
contractor are responsible for contacting a utility locating service such as Dig Alert to verify
any utility system locations.
• Plan check submittal, Caltrans encroachment permit fees, and associated fees will be the
responsibility of the client.
• Traffic Signal Modification Plans within City of Newport Beach jurisdiction are currently
assumed not required and is excluded. Psomas can provide such services for an additional fee
of $15,000 per each signalized intersection where signal equipment is required to be relocated
or replaced along project limits.
• Site and landscape lighting and electrical engineering services.
• Traffic control within City of Newport Beach jurisdiction will follow the WATCH manual
and therefore excluded
• Signal timing development is assumed not required and is excluded.
• Signal interconnect design is assumed not required and is excluded.
• Construction Phasing Exhibit
FAEngr Group\Engr Clerical\PROPOSALS\City of Newport Beach\Newport Blvd and Balboa Blvd - Pavement Rehabilitation\Balboa Blvd and Newport Blvd -Pavement Rehab
Proposal_PSA Exhibit A.docx
EXHIBIT B
SCHEDULE OF BILLING RATES
PSOMAS Page B-1
Page B-1
February 8, 2022, Revised
Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project
City of Newport Beach
Exhibit "B"
Task 1 (Design Surveying) - $39,215
Task 2 (Base Mapping) - $82,472
Task 3 (Plan Preparation (30%, 50%, 90% and 100% Design) - $286,173
Task 4 (Project Management, Coordination and Meetings) - $71,554
Task 5 (Construction Support Services) - $40,352
Other Direct Costs (Reimbursables) - $8,800
Psomas shall provide services denoted as Tasks 1 through 5 per Exhibit "A" with a Total Not -To -Exceed fee of
$528,566
FAEngr Group\Engr Clerical\PROPOSALS\City of Newport Beach\Newport Blvd and Balboa Blvd - Pavement Rehabilitation\Balboa Blvd and Newport Blvd -Pavement Rehab
Proposal_PSA Exhibit B.docx
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.
PSOMAS 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
PSOMAS 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. 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.
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-
PSOMAS Page C-3
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.
PSOMAS Page C-4
Easas.&_
Subject: PSGM/SreEdx fi:npliame
Date: Mardi 30, 2022 2:36:20 PM
Agxl:menta:
-& insured
Name_
PSOMAS n
Ae-um Number:
8833A
Address:
5 Hueou Centre, Suite 300, Santa Ana, CA, 92707
Status
Cuner:0y in Camplia—
Raymund Reyes I Sr. Management Analyst
Public Works Department I City of Newport Beach
100 Civic Center Drive, Bay D, 2nd Floor Newport Beach, CA 92660
949-644-33251 rraesltane portbeachca eeo
Accaurtt lrtfannatian
Account Number:
0833-1
Risk Type:
Pmtessional Services Agreement
Da Not Call.
Q
Address Updated: U
Address Information
Mailing Address
Physical Address
Insured:
PSOMAS
Address i-.
5 Hutton C—"
Address 2:
Suite 300
City
Santa Ana
Stak,
CA
Zip_
92707
Cc-"
C.Mr—firm—tan
Centrad Number
8833-1
Contract Start Date:
03/0812022
Contract End Data 121!12023
Raymund Reyes I Sr. Management Analyst
Public Works Department I City of Newport Beach
100 Civic Center Drive, Bay D, 2nd Floor Newport Beach, CA 92660
949-644-33251 rraesltane portbeachca eeo