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HomeMy WebLinkAboutC-8894-1 - Superior Ave and Hospital Road Pavement Rehabilitation1 T cD PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, INC. FOR 1 SUPERIOR AVENUE AND HOSPITAL ROAD PAVEMENT REHABILITATION V PROJECT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 28th day of February, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ARDURRA GROUP, INC., a Florida corporation ("Consultant'), whose address on file with the Secretary of State is 4921 Memorial Highway, Suite 300, Tampa, Florida 33634, with a local address of 3737 Birch Street, Suite 250, Newport Beach, California 92660, 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 consulting services for the Superior Avenue and Hospital Road Pavement Rehabilitation ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 1, 2025, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Thirty Thousand Dollars and 00/100 ($130,000.00), 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. Ardurra Group, Inc. 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 Lisette Bice 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. City's Director of Public Works 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 Ardurra Group, Inc. 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 Ardurra Group, Inc. 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. Ardurra Group, Inc. Page 5 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 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 Ardurra Group, Inc. 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 Ardurra Group, Inc. 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. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Director of Public Works Public Works Ardurra Group, Inc. Page 8 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: Lisette Bice Ardurra Group, Inc. 3737 Birch Street, Suite 250 Newport Beach, CA 92660 27. CLAIMS 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.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. Ardurra Group, Inc. Page 9 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 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. 29.3 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. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 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, Ardurra Group, Inc. Page 10 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 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. 29.12 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] Ardurra Group, Inc. Page 11 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: 11-7 j CITY OF NEWPORT BEACH, a California municipa orporation Date: By: By: Aa n C. ar ajq a3v,. Blon4 Gily Att rney M yor ATTEST: Date-.— By.� art Brown City Clerk /-IFovi% CONSULTANT: Ardurra Group, Inc., a Florida corporation Date: Signed in Counterpart By: Lisa Penna Vice President Date: Signed in Counterpart By: Catherine Cahill Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Ardurra Group, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aar n C. a 5-y/ Cry Attdrney ATTEST: Date: so Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Noah Blom Mayor CONSULTANT: Ardurra Group, Inc., a Florida cor or tion Date: z aj f 40, Lisa Pe-nna Vice President Date: z - z '/ — Z- 23 By: Catherine Cahill Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Ardurra Group, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES Ardurra Group, Inc. Page A-1 EXHIBIT A SCOPE OF SERVICES Project Understanding Consultant understands that the City of Newport Beach desires to rehabilitate the roadway segments on Superior Avenue from East Coast Highway to Placentia Avenue and on Hospital Road from Placentia Avenue to Newport Boulevard. The scope of work includes rehabilitating the existing asphalt roadway, reconstructing deteriorated concrete flatwork, driveway reconstruction, curb ramp reconstruction, adjusting utilities to grade, and pavement striping. Based on a field walk, this project will include the reconstruction of one (1) ramp at Placentia Avenue and Hospital Road. Consultant assumes the curb ramps located at the intersection of Superior Avenue and East Coast Highway are within the Caltrans jurisdiction, however, based on City direction, will be excluded from the encroachment permit. Consultant has included the ramp design as an optional task in the event Caltrans requires curb ramp design as part of the encroachment permit. The City has communicated that two driveways (1433 Barnacle Drive and 1421 Superior Avenue) will require reconstruction. Based on the existing driveway slope and parkway width, installing an ADA compliant driveway within the City right-of- way may not be feasible. Additional offsite grading and reconstruction of private property would be required in order to maintain maximum slopes. Consultant will verify the extent of all offsite improvements and work with the City for a design that works for both the City and private improvements. All other driveways improvements are excluded. The Consultant Team's responsibilities will consist of the following: • Ground survey necessary for design. • Concrete flatwork repair, including ADA curb ramp, and sidewalk reconstruction. • Addressing utility impacts. • Signing and restriping. • Plans identifying rehabilitation areas based on visual inspection. • Review of existing drainage conditions. • Preparation of quantities and construction cost estimates. • Obtain encroachment permit for work at East Coast Highway. Research and Data Collection Consultant will review the project in the field and take photographs and 360-degree video of constraints that will impact the proposed design. The photos and videos serve as a reference during design and are invaluable when discussing issues at meetings. In addition to the photographs, field reviews will be conducted by the engineering staff to supplement the information provided by the surveyors. A field review with the City is recommended during the preliminary design phase to discuss specific design issues, including parkway improvements, the pavement and edge of roadway conditions, and pavement rehabilitation recommendations. III. Utility Coordination Utility coordination will be ongoing throughout the duration of this project and will consist of the following tasks: Obtain plans showing location and size of all utility lines and appurtenances, including any available depth and material information relating to shallow utilities. Plot utility lines on plans. Cross check plotted locations above with the topographic survey, and field review information to ensure that existing lines are shown in the proper location. As early in the design process as possible, determine where potential utility conflicts exist and where design or utility modifications are warranted. Coordinate with affected utility companies regarding conflicts, relocations, and improvements. Prepare and maintain a Utility Matrix documenting coordination and correspondence with each agency. IV. Design Survey Consultant's subconsultant, CL Surveying and Mapping (CL), will establish a site -wide network of horizontal/vertical control to serve as the basis for any subsequent boundary, topographic, or construction staking surveys that may be required throughout the course of the project. CL will reference the California Coordinate System of 1983(CCS83) horizontally, and the North American Vertical Datum 1988, vertically. Consultant will conduct the field measurements necessary to re -trace the centerlines and rights -of -ways within the project limits. This effort does not constitute a full and complete boundary survey of the adjacent land parcels. Survey monuments located and indicated on the survey shall be limited to existing, centerline monuments found to be present along the streets and all associated ties as indicated. Consultant will perform a field topographic survey to document existing site topography and planimetrics. Substantial visible improvements will be located within the street right-of-way, including, but not limited to, surface utilities, streetlights, signs, trees, walls, asphalt berms, concrete curbs, concrete curb and gutters, curb drains, walkways, mailboxes, flatwork, planters, walls, fencing, striping, fire hydrants, flowlines along the edge and center of the pavement, under sidewalk drains, sprinklers, utility poles and drain outlets to the street. Visible indications of surface utilities lying within the project limits will be located, as will accurate lid/rim elevations for drainage structures present. Street cross sections will be taken at 25-foot intervals from right-of-way to right-of-way. V. Signing and Stripinq Inventory Consultant will provide field notes of existing signage, including sign type, size, orientation, and condition of sign. It is assumed that striping will be replaced in kind, and no additional travel lanes or bike lanes will be included. VI. Pavement Evaluation Consultant proposes to use a 2" coldmill and overlay for the proposed pavement rehabilitation method. Full depth reconstruction will be included in the design based on a visual inspection. The full depth pavement section will be based on record drawings or projects of a similar nature. VII. Base Mapping (Preliminary Design, 30% Submittal) Consultant will prepare a preliminary plan for the pavement rehabilitation and proposed ADA improvements (sidewalk and ramp reconstruction). The preliminary design will include base mapping items such as centerline, right-of-way lines, topographic features, existing utility lines, and existing signing and striping. In addition, Consultant will provide a rough order magnitude engineer's estimate for the proposed improvements. Consultant will meet with City staff to review the preliminary design, obtain City input, and modify the preliminary design based on the meeting. Consultant will adjust the scope and limits of the proposed improvements to match the available construction budget. Consultant will review the existing drainage condition to ensure that runoff is being captured at existing catch basins. Review of storm drain infrastructure, sizing and hydraulics will not be included in the evaluation. A Drainage Memo will be prepared and submitted to the City summarizing our findings. Deliverables • Preliminary Design at 40-scale • Drainage Memo Vill. Construction Documents Based on the outcome of the preliminary design evaluation and feedback, Consultant will prepare the Plans, Specifications, and Engineer's Estimate (PS&E) of Construction Costs. Title Sheet, General Notes and Detail Sheet Consultant will prepare the sheets in conformance with City standards, Standard Plans for Public Works Construction (SPPWC) standards, and Caltrans standards, as required. Vicinity map, general notes, names and contact number of utility companies, and typical cross sections, will be included on the sheets. Where the design cannot be clearly conveyed on the plan sheets, 5-scale construction details will be added. Plan Sheets The topographic survey data will be used to create base sheets for the project limits. 40-scale plan sheets will be prepared showing existing right-of-way, curbs, utilities, hatch patterns for the different types of construction methods pavement rehabilitation (coldmill and overlay, full depth reconstruction), curb ramps, curb and gutter reconstruction, and sidewalk reconstruction. Elevations will be denoted in the plan view for reconstructed curb and gutter where there is uplift or deteriorated concrete. Curb ramp will be called out per standard plan and no additional design details will be included. Striping Sheets Striping plans will be prepared at 40-scale (double stacked) and include proposed striping, curb markings, traffic loops, and existing striping to remain or to be removed. The plans will also include any new signage the City would like to include, as well as sign replacement for deficient or damaged signs. Consultant will complete construction plans consisting of the following plan set: Descriiption Title Sheet 1 General Notes 1 Details 1 NOT USED Street Plar7s (40_scale) 2 Striping General Notes 1 stliping Plan (40--scale, double stacked) 3 TOTAL 12 Specifications — Special Provisions Special Provisions will be prepared in conformance with the City of Newport Beach's format and the 2015 SSPWC. Items requiring special attention are anticipated to include parameters needed for the contractor prepared traffic control plans, protecting existing utilities, identifying the various specific street pavement criteria, addressing the potential for encountering pavement fabric, and handling hazardous materials, and guidelines for construction phasing and access to properties during construction. Cost Estimate and Quantity Takeoff Consultant will prepare and submit to the City a detailed engineer's construction cost estimate, in MS Excel format, including quantities and costs based on the final design. A rough order of magnitude estimate will be provided during preliminary design and finalized during final design. Consultant's opinions of probable Construction Costs are to be made based on Consultant's experience and qualifications and represent our estimate as an experienced and qualified professional generally familiar with the construction industry. However, based on the volatile pricing environment, and because Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Consultant cannot and do not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared. If the City requires greater assurance as to probable Construction Cost, then it is recommended that the City obtain an independent cost estimate. Submittals Consultant will submit PDF copies of PS&E at 60% (no specs), 90%, and 100% design levels to the City for review and approval. Caltrans Encroachment Permit Consultant will prepare and process a Caltrans Encroachment Permit for the proposed improvements for items such as paving, loops, striping, and ADA-compliant curb ramps adjacent to or within Caltrans right- of-way along East Coast Highway. As part of the submittal, Consultant will prepare a traffic handling plan for the left turn pocket located on East Coast Highway. The traffic handling plan will be in support of the encroachment permit and will not include any traffic handling beyond the Caltrans right-of-way. Consultant assumes the existing and proposed improvements meet Caltrans minimum standards, and a Design Standard Decision Document (DSDD) will not be required. IX. Progress Meetings Consultant will attend the design kickoff meeting with City staff and three (3) additional meetings through the design process. Meetings will be attended in person at City Hall. X. Construction Support and Bid Support Bid Support Consultant will assist the City with the following bid support services: • Provide clarification of contract documents, as necessary, during the bidding phase. • Attend the pre -bid meeting. Consultant will assist the City with responding to all written requests for clarification and will prepare addenda if necessary. Fifty-five (55) hours have been allocated for all three construction support tasks. Consultant will assist the City with the following services: • Provide clarification of contract documents, as necessary, during the construction phase. • Respond to RFls. • Review submittals, shop drawing, and material certifications, as requested. • Provide engineering assistance related to change order work initiated by the City, as requested. • After construction, provide as-builts (record drawings) based on the contractor's redline plans. XI. Proiect Team Consultant has assembled a well -qualified, dedicated team that understands the City's needs and that has teamed on many similar projects. See organization chart below. ORGANIZATION CHART PROJECT MANAGER Lisa M. Penna, PE, F.ASCE, QSD Lisette Bice, PE, QSD, ENV SP lose Hernandez, PE, QSD/P SUPPORT Joe Buckner, PE, PLS, QSD GEOTECHNICAL Miguel Hurtado, PE GMU Andrea Mosqueda, PE SURVEY Mark Lewis, PE, TE Jocelyn Shill, EIT CL Surveying &Mapping Optional Tasks for Additional Fee Curb Ramp Details in Caltrans Right of Way In the event curb ramp details are required as part of the Caltrans Encroachment Permit, three (3) curb ramp details will be prepared and will consist of 5-scale details showing elevations, limits of removal and a transition pad. Pavement Design and Report A pavement report will be prepared and will consist of pavement recommendations. Exclusions The following items are specifically excluded from Consultant's scope of proposed work based on our understanding of the project: • Landscape and Irrigation Plans • Lighting Plans • Traffic Control Plans for work outside of Caltrans Right -of -Way • Traffic Signal Modification Plans • Utility Relocation Plans • DSDD Report • Environmental Permitting • Community Outreach • Right of Entry and/or Construction Easement Services • Drainage Improvements all a p o y z O Z W W " y O tl O y C O O O = a' IL Z D u - O O O Z 7 w m O - F N asy w q a U w Z n m n U z � N I C U A J W m a0 f' -► N U i p O O o O 2>_ W i4wgw _2. N = W Wy'� a. W Oi U °S :23 y W a a z u H o a " i w O Y z p UJ N Z a J W 6' a a M Z Z O U r a O M N y V 6 w , O N- N go M M > •va - > Ctt1 0 F M M O VEO ^ M �Si+ —nl w O S M M M �'1 M LL LL LL —M -- tti O G 'M M l0 - M - M - i+f �—'i7 O ^ ^ h M -- — "ryj N — - M M n M M n fh M M M M M M M M � � z!$`�Vi ��1 11 �^'�', � [E[NVV a •ro � C o :O O L � LL IL � � L� S � C C C C O � U 9 � E � •L " ^ " p Q i o � o V) � � T i J S W 5 0 J K i C i a O u Ow C m O w 5 E U U Z o O y x D u Z w U O q <(f C O a i W a � o-az Z u N Y Z m W N j r jOC O ] = N W G 9 O ' O j o Vi c o Z-Z' i � Z l U u j U p 2 W N N Hl Z c O Q 4 o Y Y Y Q a u y O G G O Q Z U_= = C XW ...� = O W Z Z Z 2 O Q a Z Q ¢ a W C Q J O _ O zz, n w a z a a ¢ u s - N u u a u = w ;� w O m W e. > w w _ ¢ w s O 00 w W T 2 w N Z a aW, a w = i1 N a O ~ N m ° u m u S a I,8 u a u u a� a 0 EXHIBIT B SCHEDULE OF BILLING RATES Title Hourly Rate Quality Assurance (QA)/ Quality Control QC $205.00 Project Management $220.00 Project Engineer $140.00 Designer $120.00 CADD Technician $105.00 Total Contract Not -To -Exceed: $130,000.00 Ardurra Group, Inc. Page B-1 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers 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. Ardurra Group, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Ardurra Group, Inc. Page C-2 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. 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- Ardurra Group, Inc. 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. Ardurra Group, Inc. Page C-4 m I (13