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HomeMy WebLinkAboutC-2804(B) - Seismic Retrofit of Lido Isle Bridge and Newport Island BridgeE 0 0 December 14, 1998 CITY COUNCIL AGENDA ITEM NO. 10 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE ? '. CONTRACT NO. 3212 RECOMMENDATIONS: APPROVE 1. Approve plans and specifications for bridge seismic retrofit. 2. Award Contract No. 3212 to Traylor Bros., Inc., for the Total Base Bid Plus Additive Bid Item amount of $2,388,697.15, and authorize the Mayor and the City Clerk to execute the contract. 3. Authorize a $230,000 construction reserve amount to pay for any unforeseen work. 4. Approve an amendment to the City's existing construction management agreement with Dokken Engineering, and authorize the Mayor and the City Clerk to execute the amendment. 5. Approve a Budget Amendment to appropriate funds from additional Contributions Fund revenue to Account No. 7251- C5100067 in the amount of $1,465,550.00. 6. Direct Staff to prepare designs, plans and specifications and obtain permits for pedestrian walkways to be added to both sides of the bridge, and approve a Budget Amendment transferring $30,000 from the General Fund Account No. 7013- C5100019, Street, Alley and Parking Lot Striping to Account No. 7013- C5100067 to provide for this design. DISCUSSION At 2:00 PM on December 4, 1998, the City Clerk opened and read the following bids for this project: "Corrected Total Base Bid is $2,383,697.15 The low bid is 251/2% above the Engineer's Estimate of $1,900,000. The low bidder, Traylor Bros., Inc, is a well -known general engineering contractor who has not performed previous contract work for the City; however, a check with their references and the Contractors State Bidder Total Base Bid I Additive Bid Item low Traylor Bros., Inc. $ 2,383,697.00' $ 5,000.00 2 Vandani Construction Company, Inc. 2,618,704.27 16,000.00 3 John S. Meek Company, Inc. 2,952,858.31 10,000.00 4 Lehi h Construction Company 4,061,554.00 100,000.00 "Corrected Total Base Bid is $2,383,697.15 The low bid is 251/2% above the Engineer's Estimate of $1,900,000. The low bidder, Traylor Bros., Inc, is a well -known general engineering contractor who has not performed previous contract work for the City; however, a check with their references and the Contractors State SUBJECT: SEISMIC RETOIT OF BALBOA ISLAND BRIDGE - CONTRACT N *12 December 14, 1998 Page 2 License Board indicates that Traylor has contracted a wide variety of projects nationally and is is successfully completing the removal of Aliso Pier for the County of Orange and the retrofit of Vincent Thomas Bridge for Caltrans. They have no pending actions detrimental to their contractors license. BACKGROUND The Balboa Island Bridge was built in 1930. It consisted of 10 separate, straight -line reinforced concrete segments butted end -to -end to form a 400 foot long structure. The 1971 San Fernando earthquake exposed a number of deficiencies in the State of California's (Caltrans') bridge design methods. Caltrans determined that all bridges within the State should be capable of surviving a maximum credible earthquake. Some damage was felt to be inevitable, but collapse was believed to be preventable with proper "retrofitting ". Caltrans' seismic retrofit program was initiated after the earthquake. It's initial objective was to ensure the continuity of all superstructure joints in bridges which are subject to large ground accelerations. The effort was completed in 1987, after some 1300 State highway system bridges had been retrofitted. The City shared in the effort by retrofitting the Balboa Island Bridge in 1980. Cable restrainers and piles were added to join the 10 segments together and reduce the effects of liquefaction upon the bridge during earthquakes, thus meeting the then - current seismic standards. Likewise, the Lido Isle and Little Island bridges were retrofitted in 1984, all at the City's sole . expense. The 1989 Loma Prietta earthquake brought about a second phase of bridge seismic retrofit in which all 25,000 publicly owned bridges within the State were reanalyzed to determine their resistance to collapse due to a large earthquake. Special attention was focused upon substructures; i.e., bridge foundations. In 1990, City staff began working with Caltrans officials on this second phase seismic analysis upon the City's 10 bridges. The City retained Dokken Engineering, a Sacramento -based bridge design firm, to prepare a detailed seismic analysis and study report for the bridges, and to present them in a "Strategy Meeting" at Caltrans' Sacramento offices. Various alternatives for retrofitting the bridges were considered, but Caltrans' did not issue the City approval to proceed with design. In 1994, Caltrans changed its methodology for seismic analysis. Dokken prepared another analysis and report, and again presented them in a strategy meeting. Finally during 1996, Caltrans agreed that three of the City's bridges (Balboa Island, Lido Isle, and Newport Island) were deemed likely to suffer severe damage in a large earthquake, and issued the City "Notice to Proceed" with final designs to retrofit the three bridges. The latest analysis indicated that the three bridges met Caltrans' funding criteria for bridges that are "subject to collapse ", and qualified for 100% reimbursement of final design, construction, and construction engineering costs using Federal Highway Administration (FHWA) Highway . Bridge Rehabilitation and Replacement and State of California Seismic Retrofit Program funds. SUBJECT: SEISMIC RETRIO OF BALBOA ISLAND BRIDGE - CONTRACT N0 .02 December 14, 1998 Page 3 According to the Caltrans funding formula, the City was approved for reimbursement of as much as $264,000 in final design costs and $2.1 million in construction and construction engineering costs for the three bridges. In early 1998, final design plans and specifications for the three blidges were approved and Caltrans issued a "Notice to Proceed" with construction. Because environmental and logistical issues precluded construction on the Balboa Island Bridge during the summer and fall, the City reduced the project to retrofitting the Lido Isle and Newport Island bridges. That contract work is now almost complete. CONSTRUCTION CONTRACT The Balboa Island Bridge work includes constructing additional five foot diameter bridge piles, extending existing pile caps to connect to the new piles, constructing shear keys between segments of the bridge, relocating navigational lighting, and patching, crack sealing and recoating the newly- constructed portions of the bridge to match the existing finish. Dokken has prepared final plans, specifications and estimate (PS &E) for retrofitting the bridge. Their construction estimate was $1.9 million, and they recommend that a $230,000 construction reserve amount be set aside to pay for any unforeseen work related to pile driving and patching the existing bridge. The contract contains an "Additive Bid Item" (ABI). The ABI requires the contractor to furnish $1,000,000 of liability insurance to cover any direct physical damage to private property or dwellings within a 120 foot radius of the pile driving operation, and to name such property owners on the policy as additional insured. The contract also specifies that the contractor shall provide disadvantaged business enterprise (DBE) participation of at least 10% of the contract amount using DBE subcontractors or suppliers, or provide evidence of a "good faith effort" to do so. The contractor will be allowed to work between the hours of 7:00 AM and 6:00 PM Monday - Friday, but not on holidays, Saturdays or Sundays or after 3:00 PM on a day preceding a non - work day. Pile driving will be restricted to the hours of 8:00 AM to 6:00 PM M -F. One vehicle lane across the bridge may be closed between the hours of 9:00 AM and 4:00 PM for as many as 45 working days and for no more than two - 20 minute periods during the remaining working days. No lane closures will be permitted during the two weeks of Spring Break, March 27'" to April 11`". Lane closures will be directed by flagmen, All work shall be completed within 99 consecutive working days (approximately 41/2 months). Assuming no unforeseen delays, work should start in January and be completed during May. Liquidated damages are $2,000 per calendar day. PERMITS The State has determined that bridge seismic retrofit projects are categorically exempt from the provisions of the California Environmental Quality Act (CEQA). A Notice of Exemption under 7 SUBJECT: SEISMIC RETOT OF BALBOA ISLAND BRIDGE -CONTRACT N412 December 14, 1998 Page 4 Section 15301(c) of CEQA was prepared and filed with the County Recorder. Caltrans' Division of Structures has reviewed the PS &E, and they have also been approved by the FHWA. The Regional Water Quality Control Board has waived its waste discharge requirements for the project, and a water quality standards certification is not needed. Since the project meets their definition of "Bridge Repair ", a U.S. Coast Guard permit is not required. The Corps of Engineers has determined that bridge retrofit work complies with the terms and conditions of nationwide permit NW03 for repair, rehabilitation and replacement of authorized structures. In addition, the work complies with the terms and conditions of NW33 for temporary structures, work and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites. Furthermore, the City must comply with the following special conditions: Monitor and mitigate marine resources according to a report that was prepared by the City's biological consultant, Coastal Resources Management. This includes revegetating at a ratio of 1.2 to 1 areas of eelgrass that may be reduced as a result of the project. Further, the report states that pile driving shall not be performed between April 151 and September 15' in order to avoid potential harassment of foraging California brown pelicans and/or California least terns. 2. Obtain written approval of its mooring plan from the U.S. Coast Guard prior to initiating work. 3. Keep a navigational span clear of work equipment during non -work periods. A Coastal Development Permit has been obtained subject to compliance with the following additional special conditions: Implement Best Management Practices to minimize adverse impacts on marine resources and water quality. Implement Least Environmentally Damaging Techniques to minimize adverse impacts on marine resources and water quality. 3. Provide a marine biologist to monitor construction. 4. Map eelgrass stands before and after construction. PUBLIC INPUT For more than a year, staff has met with Balboa Island residents and representatives of various Balboa Island associations to apprise them of the upcoming work and to accommodate their needs within the provisions of the construction contract. Staff has assured them that the contract provisions have been structured such that work would not occur during the summer, not obstruct vehicular traffic across the bridge during Spring Break, and minimally impact vehicular access to Balboa Island at all other times. 0 l__J 0 SUBJECT: SEISMIC RETRAIOF BALBOA ISLAND BRIDGE - CONTRACT NO.* December 14, 1998 Page 5 This last summer, a "hot issues" committee of Balboa Island association representatives requested that the City include aesthetic improvements to the bridge to mitigate what they felt would be an ugly seismic retrofit. The plans were revised by rounding and redimensioning bridge pile cap extensions so that the lines of the bridge would be softened and appear more "arch -like" when viewed from the channel or bay front. Exhibits Nos. 1 and 2 are photo enhancements that show two views of the bridge before and after the planned retrofit. The "hot issues" committee felt that this change was an improvement but still did not provide an acceptable aesthetic treatment. Working with several local architects, the committee developed a concept for providing 8 foot wide pedestrian walkways along each side of the bridge. They felt that the walkways would hide the new pile cap extensions, and quoted costs in the $200,000 range for the work, based upon estimates for wood construction from a local marine pier contractor. The staff had concerns that the proposed relatively light wood construction would not wear well under constant public use and would also have high maintenance costs. To get a second opinion, a noted bridge architect that is associated with Dokken, Donald MacDonald of San Francisco was retained to review the proposed walkway concept. MacDonald met with Staff and the committee to receive input needed for preparing preliminary sketches of a walkway that would be aesthetic and have the durability needed for a public facility. His sketches for the walkways are attached. A wood structure was estimated to cost about $400,000 and a concrete structure about $500,000. MacDonald recommended the concrete structure because it would have only minimal annual maintenance and would last much longer that a wooden structure in the marine environment. Exhibits 3 and 4 show Mr. MacDonald's conceptual elevation of concrete and wood alternatives for the added walkway. Construction of bridge upgrades and additions will not qualify for State or Federal seismic retrofit funding. The City budget has no alternative source of funding to pay for such work. It is recommended that the City Council direct staff to proceed with the preparation of designs, plans and specifications for a concrete structure pedestrian walkway addition to the Balboa Island Bridge. The pedestrian structure could be added to this contract at a later date through a negotiated change order or could be added after the retrofit is completed through a competitive bid process. The timing will depend on when the added funding can be programmed and when the necessary permits can be obtained. The design and preparation of plans and specifications and permitting for the pedestrian walkways will probably take three to four months. It is anticipated that the design and permitting can be accomplished for $30,000. A budget amendment transferring funds from the General Fund 7013- C5100019 Street, Alley and Parking Lot Striping to Account No. 7013 - 05100067 will be required to proceed. CONSTRUCTION MANAGEMENT Because of the magnitude of work being performed and the technical nature of seismic retrofit work over water, it is recommended that an outside construction management (CM) firm be retained for the project and that Dokken Engineering's existing contract for the two bridge project be amended to add construction management for the Balboa Island Bridge project. The reasons are as follows. 0 SUBJECT: SEISMIC RETOT OF BALBOA ISLAND BRIDGE - CONTRACT NI612 December 14,1998 Page 6 Until last fall, the three bridges were planned to be retrofitted under a single seismic retrofit contract. Due to scheduling concerns, the Balboa Island Bridge was removed from the project and the two other bridges were done separately. Proposals were solicited from construction management firms to provide services for a bridge retrofit project. Of the three firms that submitted proposals, Dokken Engineering ranked as the best qualified to perform the work and they were retained to manage construction of the retrofit for the two- bridge project. That work is close to completion. Dokken's construction management performance has been very good and it is recommended that their professional services agreement be amended to cover construction management of the Balboa Island Bridge retrofit contract because the nature of the two retrofit projects are similar. Dokken has proposed to provide the construction management services, materials testing and environmental monitoring for the Balboa Island Bridge seismic retrofit. Under the State's "actual cost plus fixed fee" format, Dokken's fee will be $196,650. An amendment to the professional services agreement for Dokken's current two- bridge contract has been prepared and is attached. The retrofit construction and construction management services for the Balboa Island bridge are 100% funded by the FHWA and the State. A Budget Amendment is needed to appropriate $1,465,550.00 to the Contributions Account No. 7251- C5100067, Bridge Retrofit Program to cover the completion of this contract. Respectfully submitted, Public Works Department Don Webb, Director By: —//, I M� • o- Desrgn Engineer Attachments: Exhibit 1 — Photo Enhancement of Retrofit Exhibit 2 - Photo Enhancement of Retrofit Exhibit 3 — Alternate 1 Concrete Pedestrian Bridge Exhibit 4 — Alternate 2 Wood Pedestrian Bridge Professional Services Amendment Bid Summary Budget Amendment f:\ users \pbw\ shared \council \y98- 99 \dec -14 \retrofit c- 3212.doc 0 0 0 0 \ 0 §5\ [I �r ( c ¢ w 0 0 0 � m \ w � � \ � m \ w \ \ \ © :.:_.. . . . � k coo, \# , � \ • • AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as "Amendment'), entered into this day of 1998, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Dokken Engineering whose address is 3914 Murphy Canyon Road, Suite A -153 San Diego, California 92123. (hereinafter referred to as "Consultant'), is made to amend the agreement entered into the 8`h day of June, 1998, by and between the aforementioned parties, (hereinafter referred to as "Agreement') as follows: is RECITALS B. City also desires to construct Seismic Retrofit of Balboa Island Bridge, Contract No. 3212, as portion of Project. C. City also desires to engage Consultant to provide Construction Management Services for Project upon the terms and conditions contained in this Amendment. D. City has also solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Amendment. 0 0 1. TERM . The term of Agreement is extended six (6) months terminating on the 8th day of December, 1999, unless terminated earlier as set forth in Agreement. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all additional duties set forth in the scope of services, Exhibit "A ", attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for additional actual costs (including labor, employee benefits, overhead, and other direct costs) incurred by Consultant and listed subconsultants in the performance of services in an additional amount not to exceed $184,084.65 for a total actual costs not to exceed $248,095.67 exclusive of any fixed fee. City shall compensate Consultant an additional fixed fee in additional amount of $12,766.27 for a total fixed fee of $18,032.37. The schedule of billing rates and cost estimate for this Amendment is set forth in Exhibit "B" attached hereto and incorporated herein by reference. A breakdown of hours worked by month for this Amendment is set forth in Exhibit "C attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first written above. 0 1 APPROVED AS TO FORM: s By: Robin Clauson Assistant City Attorney ATTEST: • LaVonne Harkless City Clerk 0 CITY OF NEWPORT BEACH A Municipal Corporation By: Dennis D O'Neil, Mayor City of Newport Beach CONSULTANT L- Richard T. Liptak, P.E. Project Manager 0 0 EXHIBIT "A" SERVICES TO BE PERFORMED Start Up - Prior to starting work, Consultant shall review specifications and permits with the Contractor to assure complete understanding of environmental and public relations concerns relating to constructing the seismic retrofit of Balboa Island Bridge. Contractor Submittal and Shop Drawing Reviews - Consultant shall be responsible for reviewing shop drawings for the architectural caps, the Water Pollution Control Plan (WPCP) submittal, proposed filler material for spall repair submittal, and all other materials submittals. Public Relations - Consultant shall ensure that good public relations are maintained with the surrounding property owners, business and resident associations, the City Council, Caltrans, and the media. Consultant shall set up a meeting for these parties prior to the commencement of construction. The goal of the meeting will be to obtain valuable input and incorporate their concerns throughout the project. Consultant shall meet with City officials and the public as needed. Eelgrass Habitat Monitoring — Consultant shall coordinate all services to be provided by the Qualified Marine Biologist necessary to satisfy all permit and contract requirements related to protecting and monitoring the eelgrass habitat. Subconsultants - Consultant shall provide the following subconsultant services: Ninyo & Moore (Materials Testing) — will provide the quality assurance materials testing for structural concrete, spall repair filler material, epoxy cartridges for drill and bond dowels, and ultrasounding full - penetration butt welds of steel shells if required. Agra Earth and Environment (Independent Assurance Testing) — will provide independent quality assurance testing of structural concrete. MBC Applied Environmental Sciences ( Eelgrass Monitoring) — will provide fully qualified marine biologist(s) to perform pre and post- construction eelgrass reconnaissance surveys, to mark with buoys the outlines of the several eelgrass patches, to monitor the construction process periodically to ensure that all efforts are being taken to minimize impact to the eelgrass habitat, and to verify that the Contractors Biological Monitor is performing all necessary duties of applicable permits. i 0 0 EXHIBIT "B" Construction Management Services for Seismic Retrofit of Balboa Island Bridge (C -3212 ) ESTIMATE OF COSTS Dokken Engineering Hourly Fee Hours Worked Total Richard T. Liptak, P.M. $ 41.50 45 $ 1,867.50 Richard Fitterer, R.E. 31.00 1002 31,062.00 Geoffrey Warrick, Inspector 18.50 10021 18,537.00 Total Direct Cost Labor 1 51,466.50 Labor Overhead Multiplier (1.4805) Total Labor Overhead 76,196.15 Direct Costs Trucks, computers, etc. @ $58 /day Total Direct Costs 5,742.00 Subconsultants Ninyo & Moore $ 26,680.00 Agra Earth and Environment 4,000.00 MBC Applied Env. Sci. 20,000.00 Total Subconsultant Cost $ 50,680.00 Fee (10 %) Total Price Total Fixed Fee $ 12,766.27 $ 196,850.92 1. Consultant agrees that the Contract Cost Principles and Procedures, CFR 48, Chapter 1, Part 31, shall be used to determine the allowability of individual items of cost. 2. Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 3. Costs for which payments have been made to Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1, Part 31, shall be refunded by the Consultant. 4. Costs shown in this estimate are for Amendment only. 0 EXHIBIT "C" • Construction Management Services for Seismic Retrofit of Balboa Island Bridge Project No. C -3212 0 ESTIMATE OF HOURS 0 1999 D J F M A M Hours Richard T. Liptak, P.E. Project Manager 5 10 5 10 45 Richard Fitterer, P.E. Resident En ineer 190 196 196 190 1002 Geoff Warrick Full -Time Inspector A40 A390 190 196 196 190 1002 Total Hours 3.5 l 402 397 390 2049 0 w O W Q W m� F W m Ea 04 W 0 Q 3 v� O r H Ha H (q U P a oa O F N QW O w x U N U O P U U � U 2v U O w Q W U O a W N RI N m c a a C c d U� w � F O � x w F W C W 4 h F C w U W F W 0. z W F z C7 O o z a F U W W I a S F N QW x � U N U c O o, U N w U p U U U O F 4 Q O a A N n m z 3 O m m O O C u N w W E E W O o° Z OJ o w F W � w a z0 U W F I�zw z (7 O uu w 888888SMS88�, `.Z�d�ggggg�� O 7 ,Oo M N m P m M r- N in O E 4 N N IA orn O N u Y 88888888 °0.$ N F N �N n vOi pN N O O pp 8 N p 8 O Z p P M L ap p .p N O f7 orb °5C ?1? 0,C9 U C Z 0 O N O n P h h N V p S 0' C N SP8�N °��SS88 O O O z N W O N 0 Z25m25o Q88585$�8888`28858$Q8 0mgo°02i2$25r d c6 N P V O O O N C — N pN y Q m f7 O N m s 8888880 °888 0 0 0 0 Z) X588888288 O O 0 Q O 0 O ON P M O Q gg 00 O: Z O'd O^ Oj P C 'i OOO 0 0 O O O Q Cli C N pppp O O O pp O pp O pp O N 8 8 w~ O p O 8 O rJ O N N N O h O pp O pp O W p N O Q N W J J W U J W to m J< J } Q M d c a u o Z U O U — U > o?' O a) CL Na,o D c Q, E N N v d m +.. N U m 0 W o N o o N N o a U ru 0 0 0 -O c N U �n O p o o m° ° a d j O O a C V 0 .��- O h Q 0 m° a< W F- I a S F N QW x � U N U c O o, U N w U p U U U O F 4 Q O a A N n m z 3 O m m O O C u N w W E E W O o° Z OJ o w F W � w a z0 U W F I�zw z (7 O uu w C of Newport Beach BUDGET AMENDMENT 1998 -99 EFFECT ON BUDGETARY FUND BALANCE: MX Increase Revenue Estimates Increase Budget Appropriations ANQ Transfer Budget Appropriations X X from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 031 AMOUNT: 51,465,550.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: Appropriate additional revenues and expenditures for additional costs associated with the seismic retrofit of the Balboa Island bridge. Additional project expenditures will be reimbursed by Federal and State seismic retrofit funds and a transfer from existing General Fund appropriations. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division A .ro ,pt Description Contributions Fund 250 4863 Seismic Retrofit Reimbursements EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: Amount Debit Credit $1,465,550.00 $30,000.00 Automatic 0 $1,465,550.00 $30,000.00 )a -8 -sue Date Date Signed: City Council Approval: City Clerk Date Description Division Number 7251 Contributions Fund Account Number C5100067 Bridge Retrofit Program Division Number 7013 Street Account Number C5100019 Street, Alley and Parking Lot Stripping Division Number 7013 Street Account Number C5100067 Bridge Retrofit Program Division Number Account Number Division Number Account Number Signed: Signed: Amount Debit Credit $1,465,550.00 $30,000.00 Automatic 0 $1,465,550.00 $30,000.00 )a -8 -sue Date Date Signed: City Council Approval: City Clerk Date ez �c REVISED AMENDMENT NO. 1 TO CONSULTING AGREEMENT ALBOA ISLAND BRIDGE. LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE This Amendment No. 1 to Consulting Agreement entered into this 14 day of +o6eer- , 1996, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation hereinafter referred to as "City" and Dokken Engineering hereinafter referred to as "Consultant" is made with reference to the following: RECITALS A. On April 22, 1996, City and Consultant entered into a Consultant Agreement for the final design and construction support for seismic retrofit of Balboa Island Bridge, Lido Isle Bridge and Newport Island Bridge, hereinafter referred to as "Agreement ". The Project described in the Agreement is subject to audit and review by the State of California because the Project will be paid from State funds. B. The State Auditor has reviewed the Contract and made suggested changes, City and Consultant desire to amend the Agreement to make the suggested changes. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Paragraph No. 1 shall be amended to read as follows: The term of this Agreement is three (3) years commencing April 22, 1996 and terminating April 21, 1999, unless terminated earlier as set forth in this Agreement. 2. Paragraph No. 2 shall be amended to read as follows: A. City shall reimburse Consultant for actual costs (including labor costs, employee benefits, overhead and other direct costs) incurred by Consultant and listed subconsultants, in performance of the work in an amount not to exceed $263,211.00, exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in Consultant's revised cost proposal dated April 29, -1- 1996. In no event shall Consultant be reimbursed for overhead costs at a rate that exceeds the approved overhead rate set forth in the cost proposal. B. In addition to the costs referred to in the above paragraph, City shall compensate Consultant a fixed fee of $13,731.00. Said fixed fee shall not be altered unless City and Consultant agree that there is a significant alteration of the scope, complexity, and /or character of the services to be performed. 3. Paragraph 29 "Subcontracting" shall be amended to read as follows: A. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval of City. B. Any contract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors, including specific references to the payment record retention and cost principal provisions. 4. Exhibit B to the Agreement shall be amended to delete and replace subparagraph "C ", with the following: C. i. Consultant agrees that the Contract Cost Principles and Procedures, CFR 48, Chapter 1, Part 31, shall be used to determine the allowability of the individual items of cost. ii. Consultant agrees to comply with Federal procedures in accordance with CFR 49, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local governments. iii. Costs for which payments have been made to Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1, Part 31, shall be refunded by Consultant. -2- 5. Except as expressly modified in this Amendment No. 1, all other provisions, terms and covenants set forth in the Agreement shall remain the same and continue to be in full force and effect. If there is a conflict between this Amendment No. 1 and the Agreement, the provisions of this Amendment shall prevail. 6. All amendments made prior to this Revised Amendment No. 1 are hereby superseded. APPROVED AS TO FORM: J CITY ATTORNEY F %=W ebbie�ag W okken.dm 10 -01 -96 -3- CITY OF NEWPORT BEACH A Municipal Corporation By: ./ PUBLIC WORKS DIRECTOR DOKKEN ENGINEERING Consultant CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3311 August 26, 1996 Robert J. Sabella Staff Serv. Mgmt. Auditor Office of Audits & Investigations 1130 K Street, Room 101 P.O. Box 942874 Sacramento, CA 94274 -0001 Subject: Seismic Retrofit of Balboa Island Bridge, Lido Isle Bridge, and Newport Island Bridge (C -2804) Dear Mr. Sabella, The City and Dokken Engineering have redrafted certain provisions of our consultant agreement as recommended in your preaward evaluation letter of July 24, 1996, to Saied Hashemi, Chief, Caltrans District 12 Local Assistance. An copy of the executed redrafted provisions of the agreement is attached for your perusal. We are proceeding with final design. Do not hesitate to contact me at (714) 644 -3328 if additional information is needed. Very truly yours, 9111 Lloyd R. Dalton, P.E. Design Engineer xc: Saied Hasheml Bob Everitt, Assistant Program Manager, State and Local Project Development Robin Clauson; Asst. City attorney Richard Lewis; Dokken Engineering letters /Audits.002 3300 Newport Boulevard, Newport Beach l r � • AMENDMENT NO. 1 TO CONSULTING AGREEMENT BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE This Amendment No. 1 to Consulting Agreement entered into this 2?"°Iday of AugU's- , 1996, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation hereinafter referred to as "City" and Dokken Engineering hereinafter referred to as "Consultant" is made with reference to the following: RECITALS A. On April 22, 1996, City and Consultant entered into a Consultant Agreement for the final design and construction support for seismic retrofit of Balboa Island Bridge, Lido Isle Bridge and Newport Island Bridge, hereinafter referred to as "Agreement". The project described in the Agreement is subject to audit and review by the State of California because the project will be paid from State funds. B. The State Auditor has reviewed the Contract and made suggested changes, City and Consultant desire to amend the Agreement to make the suggested changes. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Paragraph No. 1 shall be amended to read as follows: The Term of this Agreement is three years commencing April 22, 1996 and terminating April 21, 1999, unless terminated earlier as set forth in this Agreement. 2. Paragraph No. 2 shall be amended to read as follows: A. In consideration of the performance of services specified under Exhibit A of this Agreement, City hereby agrees to compensate Consultant an amount based upon the cost proposals for design services and construction support as provided in Exhibit B. Reproduction, travel and mail costs are included in the attached cost proposals, and will therefore be provided at no additional cost to City. -1- B. City shall reimburse Consultant for actual costs (including labor costs, employee benefits, overhead and other direct costs) incurred by Consultant and listed subconsultants, in performance of the work in an amount not to exceed $263,211.00, exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in Consultant's proposal. In no event shall consultant be reimbursed for overhead costs at a rate that exceeds the approved overhead rate set forth in the cost proposal. C. In addition to the costs referred to in the above paragraph, City shall compensate Consultant a fixed fee of $13,731.00. Said fixed fee shall not be altered unless City and Consultant agree that there is a significant alteration of the scope, complexity, and /or character of the services to be performed. 3. Paragraph 29 "Subcontracting" shall be amended to read as follows: A. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval of City. B. Any contract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors, including specific references to the payment record retention and cost principal provisions. 4. Exhibit B to the Agreement shall be amended to delete and replace subparagraph "C ", with the following: C. i Consultant agrees that the Contract Cost Principles and Procedures, CFR 48, Chapter 1, Part 31, shall be used to determine the allowability of the individual items of cost. ii Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. iii Costs for which payments have been made to Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1, Part 31, shall be refunded by Consultant. -2- 0 0 5. Except as expressly modified in this Amendment No. 1, all other provisions, terms and covenants set forth in the Agreement shall remain the same and continue to be in full force and effect. If there is a conflict between this Amendment No. 1 and the Agreement, the provisions of this Amendment shall prevail. APPROVEP AS TO FORM: li(IL'V" CITY ATTO NEY templagm Mmendt.agt -3- CITY OF NEWPORT BEACH A Municipal Corporation By: j PUB WORKS DIRECTOR CONSULTANT Dokken Engineering CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: April 26, 1996 SUBJECT: Contract No. 2804 Description of Contract: Consultant Agreement for Seismic Retrofit of Balboa Island Bridge, Lido Isle Bridge, and Newport Island Bridge Effective date of Contract: April 22, 1996 Authorized by Minute Action, approved on: April 22, 1996 Contract with: Dokken Engineering 3054 Gold Canal Drive Rancho Cordova, CA 95670 Amount of Contract: (See Agreement) LaVonne M. Harkless, CMC /AAE City Clerk lm Attachment 3300 Newport Boulevard, Newport Beach C -28�y AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR SEISMIC RETROFIT LIDO ISLE AND NEWPORT ISLAND BRIDGES THIS AMENDMENT No. 3 TO PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as "Amendment No. 3 "), entered into this a)H) day of }, 1999, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Dokken Engineering, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123 (hereinafter referred to as "Consultant'), is made to amend the Professional Services Agreement entered into the 80 day of June, 1998, to provide construction management services for Seismic Retrofit of Newport Island Bridge and Lido Isle Bridge by and between the aforementioned parties, (hereinafter referred to as "Agreement') as follows: RECITALS A. On December 30, 1998, City and Consultant entered into Amendment No. 1 to Agreement to provide for construction management services for construction of Seismic Retrofit of Balboa Island Bridge. B. On July 26, 1999, City and Consultant entered into Amendment No. 2 to Agreement to provide for additional construction management services for construction of Seismic Retrofit of Newport Island Bridge and Lido Isle Bridge. • w C. Consultant has also performed additional construction management services for construction of Seismic Retrofit of Balboa Island Bridge. D. City and Consultant mutually desire to further amend Agreement to compensate Consultant for said additional construction management services for construction of Seismic Retrofit of Balboa Island Bridge. 1. TERM The term of Amendment No. 1 is unchanged. 2. SERVICES TO BE PERFORMED Consultant has completed all duties for additional construction management services for construction of Seismic Retrofit of Balboa Island Bridge as set forth in Scope of Services, Exhibit "A ", of Amendment No. 1. 3. COMPENSATION TO CONSULTANT City shall pay Consultant a lump sum for additional direct costs (including labor, employee benefits, overhead, and other direct costs) incurred by Consultant and subconsultants listed in Agreement and Amendment No. 1 in the performance of said additional services in an additional amount of $6195.67, for a total direct cost not to exceed $273,876.43 exclusive of any fixed fee. City shall compensate Consultant an additional fixed fee in an additional amount of $619.57 for a total fixed fee of $19,032.38. 0 0 The schedule of billing rates for extra work compensated in this Amendment No. 3 are as set forth in Compensation to Consultant, Exhibit 'B ", of Agreement. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robi auson Assistant City Attorney G`i UM City Clerk f.l users\obw Vdaltontagreemtsldokken.005.do CITY OF NEWPORT BEACH A Municipal Corporation By: 4;41, � Dennis D. O'Neil, Mayor City of Newport Beach CONSULTANT By: Richard T. Liptak, P. r=. Project Manager 0 TO: FROM: SUBJECT: i Mayor And Members Of The City Council Public Works Department SEISMIC RETROFIT OF BALBOA ISLAND BRI COMPLETION AND ACCEPTANCE C350 ka I0- -018O'� September 27, 1999 CITY COUNCIL AGENDA ITEM NO. 12 RECOMMENDATIONS: i SEP 2 7 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. APPROVED 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with the California Civil Code. 4. Approve Amendment No. 3 to the Professional Services Agreement with Dokken Engineering, and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: On December 14, 1998, the City Council awarded Contract No. 3212 to Traylor Bros., Inc. The contract provided for strengthening the Balboa Island bridge to increase its resistance to collapse due to earthquake forces. The contract has now been completed to the satisfaction of the Public Works Department, and is summarized as follows: Original bid amount: $2,388,697.15 Actual amount of bid items constructed: 2,001,297.15 Total amount of change orders: 337,664.31 Deductions: (126.50) Final contract amount: $2,338,834.96 The actual amount of bid items constructed was less than the original bid amount. Quantities of Bid Item No. 7, for repairing small areas of unsound or spalled concrete on the existing bridge, were much less than estimated. Bid Item No. 10, for constructing architectural caps atop the 20 pilecap extensions, was deleted since pedestrian bridges are proposed for the top of the extensions. The $126.50 deduction shown above was Traylor Bros.' reimbursement to the City to pay for failed aggregate tests. The following 12 change orders were issued: 1. $3,834.23 for repairing large areas of unsound or spalled concrete on the existing bridge not covered by other bid items. 2. $32,730.50 for modifying pile and column lengths to accommodate the as -built profile of the existing bridge. Subject: Seismic Retrofit Balboa O-kd Bridge, Contract No. 3212 - Completiowd Acceptance September 27, 1999 Page 2 3. $145.80 (a deduction) for modifying four shear keys. 4. A no -cost change order for deleting Bid item No. 10, architectural caps. 5. $15,300 for constructing architectural reveals around the 20 pile cap extensions. 6. $6,689 for drilling through, removing and disposing of buried man -made objects, such as timber piles, reinforcing steel and concrete. 7. $121.38 for removing and disposing of debris from the South Bay Front beach. 8. $3,620 for testing and treating water within pile casings. 9. $166,098 adjustment of compensation for fixed and overhead construction costs because of changing Bid Item No. 7 by more that 25 %. 10. $24,079 for changing the protective surface coating installed on the bridge. 11. $5,338 for installing carbon fiber wrap on three existing cracked piles. 12. $80,000 for extra costs because of differing site conditions at Pile Bent 14L, and for settlement of all claims against the project, including drilling through unanticipated hard soil and the resulting delays. The final construction cost, including change orders and deductions, is 2% below the original bid amount. Design, construction and construction management costs are 100% reimbursible by the Federal Highway Administration and the State of California. Funds for the project were budgeted under Account No. 7251- C5100067, Bridge Retrofit Program. Design and construction management services were provided by Dokken Engineering. Because of the extended construction period and their work on three potential claims, Dokken had requested that the City amend their professional services agreement for construction management services (see attached letter dated July 19, 1999). Dokken proposed to complete all services, exclusive of claims defense, for additional compensation totalling $6,815.24. In negotiating Change Order No. 12 with Traylor Bros, the claims issues have been settled. In addition, Dokken has now satisfactorily completed its construction management services for the project. The scheduled completion date was June 4, 1999. Due to adverse weather, extra work and differing site conditions, Traylor Bros. was granted 20 additional work days. All work was completed on July 2, 1999. Respectfully ube (a s mitt PUBLIC WORKS DEPARTMENT Don Webb, Director Llo R. Dalton, P.E. Design Engineer Attachments: Dokken Engineering letter of July 19, 1999 Draft Amendment No. 3 \M is_ ItsysW serst pbxAshared\coundh ty9fi`00\september- 2Tretrofit C3212.doc 0 D 0 KKM E N G I N E E R I N G July 19, 1999 City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92659 -1768 Attention: Mr. Lloyd Dalton, P.E. REGARDING: Seismic Retrofit of Balboa Island Bridge Dear Mr. Dalton: Attached please find Dokken Engineering's invoice for Balboa Island Bridge (C- 3212), for the time period of June 1, 1999, to June 30, 1999. Please note that the Dokken hours used exceeded the budgeted hours due to the project extending to July 2, 1999. We have reduced the fee charged this period to avoid exceeding the maximum amount of fee allowable by the contract. At this time we would like to request that an amendment be processed. As mentioned above, the project was extended. The original completion date was June 4, 1999. The contractor substantially completed their work July 2, 1999. The extension of one month represents an increase of approximately 20 %. During the month of July, Mr. Fitterer has been working on three claims, as built plans, completion reports, final progress payments, and job files. MBC is compiling a post construction survey of eel grass, GKO is assisting with claims letters, and Ninyo & Moore is breaking concrete cylinders. The attached invoice through June shows a contract balance of $13,580.96. During th onth of ue project using $20,409.10 as follows: R. Fitterer hrs f$84.59 =,$ 14,380.30 G. Warrick 01 ours @ $50.48-= $3,028.80 Subconsultants $3,000.00 = $3,000.0 0 . Total Projected for July 1999 $20,409.10 Therefore, we request that the City prepare an amendment to cover the additional $6,828.14 due to the schedule extension. Also, there are three potential claims that total over $300,000. We have estimated our effort to defend these claims at $25,600. We recognize this work may not be required and have estimated the time as outlined below: 3914 MGRPdi CANYON ROAD, SUITE A -153 -SAN DIEGO, CA 92123 TEC619.514.8377 FAZ:619.514.8608 R. Fitterer 170 hours @ $84.59 = $14,380.3.0 GKO 85 hours @ $105.72 = $8,986.20 AGRA 25 hours @ $90.00 = $2,250.00 Total Projected from August 1, 1999 $25,615.50 GKO and AGRA were included in. the above estimate to provide expert testimony and to answer questions during arbitration. Please let me know if you have questions or comments. Sincerely, Richard T. Liptak, P.E. Project Manager 939- RTIJADB attach 0 E P 0 0 Construction Management Services Services For: Balboa Island Bridge (C -3212) Cost Estimate Dokken Engineering Hourly Fee Hours Worked Total Richard Fitterer $ 31.00 57-$ 1,767.00 Geoffrey Warrick $ 18.50 39.5 $ 730.75 Total Direct Labor Cost i i 1 $ 2,497.75 Labor Overhead Multiplier 1.4805 Total Labor Overhead $ 3,697.92 Direct Costs Reimbursibles (Copies, Delivery, Postage, etc.) Total Direct Costs $0.00 Subconsultants Total Subconsultants $0.00 Fee (10 %) Total Fixed Fee $619.57 Total Price $ 6,815.24 0 0 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR SEISMIC RETROFIT LIDO ISLE AND NEWPORT ISLAND BRIDGES THIS AMENDMENT No. 3 TO PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as "Amendment No. 3 "), entered into this day of 1999, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Dokken Engineering, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123 (hereinafter referred to as "Consultant'), is made to amend the Professional Services Agreement entered into the 8"' day of June, 1998, to provide construction management services for Seismic Retrofit of Newport Island Bridge and Lido Isle Bridge by and between the aforementioned parties, (hereinafter . referred to as "Agreement') as follows: RECITALS A. On December 30, 1998, City and Consultant entered into Amendment No. 1 to Agreement to provide for construction management services for construction of Seismic Retrofit of Balboa Island Bridge. B. On July 26, 1999, City and Consultant entered into Amendment No. 2 to Agreement to provide for additional construction management services for construction of Seismic Retrofit of Newport Island Bridge and Lido Isle Bridge. 0 C. Consultant has also performed additional construction management • services for construction of Seismic Retrofit of Balboa Island Bridge, D. City and Consultant mutually desire to further amend Agreement to compensate Consultant for said additional construction management services for construction of Seismic Retrofit of Balboa Island Bridge. 1. TERM The term of Amendment No. 1 is unchanged. 2. SERVICES TO BE PERFORMED Consultant has completed all duties for additional construction management services for construction of Seismic Retrofit of Balboa Island Bridge as set forth . in Scope of Services, Exhibit "A ", of Amendment No. 1. 3. COMPENSATION TO CONSULTANT City shall pay Consultant a lump sum for additional direct costs (including labor, employee benefits, overhead, and other direct costs) incurred by Consultant and subconsultants listed in Agreement and Amendment No. 1 in the performance of said additional services in an additional amount of $6195.67, for a total direct cost not to exceed $273,876.43 exclusive of any fixed fee. City shall compensate Consultant an additional fixed fee in an additional amount of $619.57 for a total fixed fee of $19,032.38. E] 0 The schedule of billing rates for extra work compensated in this Amendment No. 3 are as set forth in Compensation to Consultant, Exhibit "B ", of Agreement. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robl auson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk EWsers\pbwVdalton\agreemts \dokken.005.doc CITY OF NEWPORT BEACH A Municipal Corporation By: Dennis D. O'Neil, Mayor City of Newport Beach CONSULTANT M Richard T. Liptak, P Project Manager 11 0 AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR SEISMIC RETROFIT LIDO ISLE AND NEWPORT ISLAND BRIDGES THIS AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as "Amendment No. 2 "), entered into this day of J�, 1999, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City'), and Dokken Engineering, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123. (hereinafter referred to as "Consultant'), is made to amend the Professional Services Agreement entered into the 8w day of June, 1998, by and between the aforementioned parties, (hereinafter referred to as "Agreement') as follows: RECITALS A. On December 30, 1998, City and Consultant entered into Amendment No. 1 to Agreement to provide for construction management services for construction of Seismic Retrofit of Balboa Island Bridge. B. Consultant has performed additional construction management services pertaining to Seismic Retrofit of Newport Island Bridge and Lido Isle Bridge. C. Consultant has invoiced City for said additional services pertaining to Seismic Retrofit of Newport Island Bridge and Lido Isle Bridge. 0 D. City and Consultant mutually desire to further amend Agreement to compensate Consultant for the additional construction management services. 1. TERM The term of Agreement and Amendment No. 2 is unchanged. 2. SERVICES TO BE PERFORMED Consultant has completed all duties for the additional services as set forth in Scope of Services, Exhibit "A ", of Agreement. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for additional actual costs (including labor, employee benefits, overhead, and other direct costs) incurred by Consultant and subconsultants listed in Agreement and Amendment No. 2 in the performance of services in an additional amount not to exceed $18,625.18, for a total actual costs not to exceed $267,680.76 exclusive of any fixed fee. City shall compensate Consultant an additional fixed fee in an additional amount of $1341.27 for a total fixed fee of $18,412.81. The schedule of billing rates for extra work compensated in this Amendment No. 2 are as set forth in Compensation to Consultant, Exhibit "B ", of Agreement. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the day and year first written above. APPROVED AS TO FORM: By: 6 oje�� Robin Clauson Assistant City Attorney AT1 M LaVonne Harkless City Clerk f:\ users\ pbMIdalton \agreemts \dokken.004.doc CITY OF NEWPORT BEACH A Municipc� Corporation Dennis D O'Neil, Mayor City of Newport Beach CONSULTANT By:4 ►7* -4j*✓6 Richard T. Liptak, P.E. Project Manager W,1010(101mo/ Dennis D O'Neil, Mayor City of Newport Beach CONSULTANT By:4 ►7* -4j*✓6 Richard T. Liptak, P.E. Project Manager • a __ , • C-794 FI Lag) J 6 July 26, 1999 L.-..- CITY COUNCIL AGENDA APPRQUFn ITEM NO. TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE — CONTRACT NO. 2804 RECOMMENDATION: Approve Amendment No. 2 to the Professional Services Agreement with Dokken Engineering and authorize the Mayor and the City Clerk to execute the Amendment. DISCUSSION: On June 8, 1998, the City Council awarded Contract No. 2804 to Peterson -Chase General Engineering Construction, Inc., and retained the structural engineering firm of Dokken Engineering to provide construction management (CM) services for the project. All work was scheduled to be completed by November 13, 1998; however, differing site conditions required extra work, and Peterson -Chase was granted 31 additional working days to complete the project. All work was completed on January 14, 1999. On March 8, 1999, the City Council accepted the work and directed the City Clerk to file a Notice of Completion for the project (see attachment). Dokken has submitted a final invoice for CM services (see attached Invoice No. 8311R dated 4/19/99). The invoice is $19,966.45 ($18,625.18 actual costs + $1,341.27 fixed fee) over the agreed contract amount for CM services. Dokken is requesting compensation for the additional inspection and materials testing associated with the extension of the construction period. Funds to cover the additional CM cost are available in Account No. 7013- C5100067, Bridge Retrofit Program. Caltrans has determined that these bridges are eligible for 100% reimbursement of design, construction, and construction management costs by the Federal Highway Administration and the State of California. Respectfully submitted, Public Works Department Don Webb, Director Llofd Dalton, Design Engineer . Attachments: Amendment No. 2 March 6, 1999, Council Report Dokken Invoice f. WsersVbwlsharedl counci "9- OOVuly- 26lseismicdokken c-2804.doc 4 AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR SEISMIC RETROFIT LIDO ISLE AND NEWPORT ISLAND BRIDGES THIS AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as "Amendment No. 2 "), entered into this day of 1999, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Dokken Engineering, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123, (hereinafter referred to as "Consultant'), is made to amend the Professional Services Agreement entered into the 8t' day of June, 1998, by and between the aforementioned parties, (hereinafter referred to as "Agreement') as follows: RECITALS A. On December 30, 1998, City and Consultant entered into Amendment No. 1 to Agreement to provide for construction management services for construction of Seismic Retrofit of Balboa Island Bridge. B. Consultant has performed additional construction management services pertaining to Seismic Retrofit of Newport Island Bridge and Lido Isle Bridge. C. Consultant has invoiced City for said additional services pertaining to Seismic Retrofit of Newport Island Bridge and Lido Isle Bridge. • Ll . D. City and Consultant mutually desire to further amend Agreement to compensate Consultant for the additional construction management services. 1. TERM The term of Agreement and Amendment No. 2 is unchanged. 2. SERVICES TO BE PERFORMED Consultant has completed all duties for the additional services as set forth in Scope of Services, Exhibit "A ", of Agreement. 3. COMPENSATION TO CONSULTANT 0 City shall pay Consultant for additional actual costs (including labor, employee benefits, overhead, and other direct costs) incurred by Consultant and subconsultants listed in Agreement and Amendment No. 2 in the performance of services in an additional amount not to exceed $18,625.18, for a total actual costs not to exceed $267,680.76 exclusive of any fixed fee. City shall compensate Consultant an additional fixed fee in an additional amount of $1341.27 for a total fixed fee of $18,412.81. The schedule of billing rates for extra work compensated in this Amendment No. 2 are as set forth in Compensation to Consultant, Exhibit "B ", of Agreement. • 0 0 IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be . executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By: By: Robin Clauson Dennis D O'Neil, Mayor Assistant City Attorney City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk El users�obwUdalton�agreemts\dokken .004.doe CONSULTANT By: Richard T. Liptak, P.E. Project Manager 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of a r, 1999, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Dokken Engineering, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123 (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to 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 may desire to construct Balboa Island Pedestrian Bridges ( "Project'). C. City therefore desires to engage Consultant to prepare Milestone 1 - 30% Submittal of Construction Plans. Specifications, and Estimate for Project upon the terms and conditions contained in this Agreement. D. The Principal member of Consultant for purpose of Project is Richard T. Liptak, P. E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement is one (1) year commencing on the e� day of January, 1999, and terminating on the eighth day of January, 2000, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, Exhibit "A ", attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for actual costs (including labor, employee benefits, overhead, and other direct costs) incurred by Consultant and listed subconsultants in the performance of services in an amount not to exceed $4,916.77 exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in Consultant's cost proposal dated December 22, 1998. In no event shall Consultant be reimbursed for overhead costs at a rate that exceeds the approved overhead rate set forth in the cost proposal. In addition to the costs referred to in the above paragraph, City shall compensate Consultant a fixed fee of $333.23. Said fixed fee shall not be altered unless City and Consultant agree that there is a significant alteration of the scope, complexity, and /or character of the services to be performed. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis, and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable within thirty (30) days of receipt of invoice, subject to the approval of City and based upon full payment for work satisfactorily completed. 0 0 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Authorized compensation shall be paid in accordance with the schedule of billing rates, Exhibit "B" attached hereto and incorporated herein by reference.. 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been satisfactorily completed. 4. STANDARD OF CARE 4.1 All 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 such services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has 0 0 or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis, and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 0 0 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Matthew Salveson. P.E. to be it's Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE The tasks to be performed by Consultant under and pursuant to this Agreement shall be completed within forty calendar dates from the date of execution shown above. Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a greater time than as set forth herein, unless such extension is caused solely by the conduct of City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 0 0 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1.000.000). • Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. OWNERSHIP OF DOCUMENTS 0 0 Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. access to and, upon request of Consultant, one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 0 0 B. blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction shall be the responsibility of Consultant as defined above. C. useable life of facilities criteria and provide information with regards to deficient facilities. D. street base digital file in AutoCAD (DXF) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd R. Dalton. P. shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant 0 9 shall have an immediate right to appeal to City with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 22. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 23. SUBCONTRACTING AND ASSIGNMENT A. Consultant shall not subcontract or assign any portion of the services required by this Agreement without the prior approval of City. B. A contract in excess of $25,000 entered into as a result of this Agreement shall contain all of the provisions stipulated within this Agreement to be applicable to subcontractors, including specific references to payment, record retention, and cost principal provisions. 0 24. NOTICES 11 All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA, 92658 -8915 Attention: Lloyd R. Dalton. P.E. (949) 644-3328; Fax (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Dokken Engineering 3914 Murphy Canyon Road, Suite A -153 San Diego, CA 92123 Attention: Matthew Salveson. P.E. (619) 514 -8377; Fax (619) 514 -8608 25. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. S 0 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 27. 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. 28. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his 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 contractor bids or actual cost to City. 30. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized in writing by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 31. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: �-92 By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By Thomas C. Edwards, Mayor CONSULTANT By: Richard T. Liptak, P.E. Principal 0 EXHIBIT "A" SCOPE OF SERVICES 0 Consultant will retain subconsultants and perform those services described as "MILESTONE 1 — 30% SUBMITTAL" in its December 22, 1998 proposal to City, except as clarified and expanded by Consultant in its January 6, 1999 revised cost proposal to City. Those services are summarized as follows: MILESTONE 1 - 30% SUBMITTAL review existing geotechnical information in order to generate preliminary geotechnical recommendations for the proposed pedestrian bridges. 2. prepare a Structure General Plan, Foundation Plan, and Typical Section of the proposed pedestrian bridges. 3. determine an Engineer's Estimate of Cost. Upon completion of the 30% submittal and acceptance by City, Project may be delayed until the City Council provides funds to complete the design services and award a construction contract. Accordingly, further design services for Project may be contracted via an amendment to this professional services agreement pending decisions of the City Council. EXHIBIT "B" P SCHEDULE OF BILLING RATES Dokken Engineering Hourly Fee Hours Worked Total Matthew Salveson $ 32.80 15 $ 492.00 Associate Engineer $ 30.00 0 $ - Assistant Engineer $ 26.00 0 $ - Drafter $ 25.80 33 $ 851.40 Total Direct Labor Cost $ 1,343.40 Labor Overhead Multiplier 1.4805 Direct Costs Reimbursibles (Copies, Delivery, Postage, etc.) Subconsultants AGRA Earth & Environmental Fee (10 %) Total Labor Overhead $ 1,988.90 Total Direct Costs $114.47 Total Subconsultants $1,470.00 Total Fixed Fee $333.23 Total Price $ 5,250.00 9164435978 R C FISCHER SRCTO 660 P02 MGR 09 '99 18 :02 ACOR - CERTIFIC E OF LIABILITY PAT INSU NCEn` - PRODUCER R C Fischer 6 Cc - Sacramento Ely Insurance Brokerage 2125 - 19th Street Suite 105 91 THIS CERTIFICATE 15 ISSUED AS A MATTER O INFORMA ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95818 COMPANIES AFFORDING COVERAGE COMPANY George W. Ely, Jr. PNOr¢Nn. 916 - 443.5963 F.NP.916- 443 -5978 A riremano fund Insurance Cc INSURED COMPANY B COMPANY Ookken Engineering C 3054 Gold Canal Drive Rancho Cordova CA 95670 COMPANY p THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH n/Li CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Lra TYPE OF INSURANCE POLICY NUMBER DATE (MWDDNY) N DATE (MM/OD/YYj LIMITS GENERAL LIABILITY GENERAL AGGREGATE S2 000,000 X PRODUCTS- COMPrOPAGG $2,000,000 A COMMERCIAL GENERAL UABILITY CLAIMS MADE O OCCUR EmOC80714655 10/25/98 10/15/99 PERSONAL d ADV INJURY 7 1 , 000 , 000 EACH OCCURRENCE S 1,000,000 OWNER'S& CONTRACTORS PROT X Add'l insured FIRE DAMAGE (A,ry onF b�) $ 50 000 0020101093 MEDEAP(A,yonsPSlecn) s 5,000 AUTOMOBILE LIABILITY A ANY AUTO NXX80714655 10/15/98 10/15/99 COMBINED SINGLE LIMIT $ 1,00D,D00 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (P.! pBnPI+) T HIRED AUTOS NON -0OVVKD AUTOS BODILY INJURY !Pm I;IIx)dWI) $ PROPERTYDAMAGE $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: - EACH ACCIDENT S AGGREGATE $ EXCESSLIABIUTY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY•• HH TpRYTVMITS O R EL EACH ACCIDENT - S THE PROPRIETOR! INCL PARTNERSFXECUTNE EL DISEASE • POLICY LIMIT $ EL DISEASE -FA EMPLOYEE S OFFICERS ARE. EXCL OTHER DEBGRIPNON OF OPERATIONSLOCATIONSNEHICLES /SPECIAL ISMS *10 Da Notice of CAncgllation for Non Payment of Premium The City of Newport Beach its officials, officers, representatives and employees are named as additional insureds per form attached. This insurance in consid- ered Primary. Job:309P86E- Sa1boa Island POC'a. CERTIFicnte HOLDER CANCELLATION NEWPORT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL Attn: Lloyd Dalton Department of Public Works •30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PO Box 1768 SUCH NOTICE SHALL IMPOSE NO OBLIGATION OFi LIABILITY Newport Beach CA 95659 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVEe. REPRESENTATIVE 1AUTHORIZED pou W Ely, Jr. JGCORD 04:(1,98) :198fi . �/i U U 9164435978 R C FISCHER SACTO • INSURED: Dokken Engineering POLICY NUMBER: MXX80714655 660 P03 MAR 09 '99 18:03 • COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 6Y4j. t 8 r1FIM Name of Person or Organization: City of Newport Beach, Job: 30% PSSE - Balboa Island POC -s its officials, officers, representatives and employees Attn: Lloyd Dalton Department of Public Works P.O. Box 1768 Newport Beach, CA 95659 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. !�7i�1:�ii'iSrltaJ:b]I.Cr Subject to all terms and provisions of the policy, insurance as provided by this endorsement shall be deemed primary, but only with respects to work performed by or on behalf of the named insured in connection with the described project. CG 20 10 10 93 9164435978 R C FISCHER SACTO 660 P05 MAR 09 '99 16:04 acoR L CE'RTIFIC OF LIABILITY INSURNCEM��q °03/09/ Y' DOAICE�1 -: 03/09 99 PRODUCER - - - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R C 6ischer G Co - Sacramento ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ely Insurance Brokerage 2125 - 19th Street Suite 105 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95818 COMPANIES AFFORDING COVERAGE George W. Ely, Jr. Ph"No. 916 -443 -5963 FAPNo 916- 443 -5978 couvANv A ZC Insurance Company INSURED COMPANY B COMPANY Dokken Engineering C 3054 Gold Canal Drive Rancho Cordova CA 95670 COMPANY D CWERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OP SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMrODlYY) POLICY EXPIRATION DATE NWDVM) LIMITS GENERAL LIABILITY GENERAL AGGREOATE S PRODUCTS - OOMPIDP AUG S COMMERGALGENERALLIABILITY CLAIMS MADE ❑OCCUR PERSONALSAOVIWURY $ EACH OCCURRENCE f OWNER'S & CONTRACTOR'S MOT FIRE DAMAGE (Arty P. Re) S MED EXP(A, pre Perim) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ BODILY INJURY (Per Penun) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per eFClde,A) f HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S GAPAOE LIABILITY AUTO ONLY. EA ACCIDENT f OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT Is AGGREGATE S EXCE83 LIABILITY EACH OCCURRENCE S AGGREGATE f UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS LIABILITY F07/01/99 yV X TORY AT T9 OTR EL EACH ACCIDENT .S1 000, 000 A THE PROPRIETOR/ X INCL PARTNER&EXECUTIVE OFFICERS ARE: EXCL WEN39143C 07/01/98 ELDIOEASE• POLICY LIMIT $1,000,000 EL DISEASE - EA EMPLOYEE $1,00D,000 OTHER DESCRIPTION OF OPERATIONS OCATIONG EHICLES (SPECIAL ITEMS *10 Day Notice of Cancellation for Non Job: 309 SP&E - Balboa Island POCIS Payment of Premium. GE.lTft1CAT'LHOLDffR- .. CANCEL. ON _ .. .. NBW70 -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE city of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL Public Works Department *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Attn: Lloyd R. Dalton, P.E. P.O. Box 1768 Newport Beach CA 92658 -8915 SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE COMPANY,! AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 9164435978 R C FISCHER SRCTO 660 PO4 NRR 09 '99 18:03 ACORD CERTIFIC CSI= PRODUCER R C Fischer & Cc - Sacramento Ely Insurance Brokerage 2125 - 19th Street Suite 105 LIABIL DATE(MM/DD/YY) 03/09/99 THI5 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95818 _ COMPANIES AFFORDING COVERAGE George W. Ely, Jr. COMPANY PN W. 916- 443 -5963 FmNo.916 -443 -5978 A CNA Insurance Companies INSURED COMPANY B Dokken Engineering COMPANY Attn: Dick Dokken C 3054 Gold Canal Drive Rancho Cordova CA 95670 COMPANY D CW$RAflES" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHIGM THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SVBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICYNUMSEP POLICYEFFECTIVE DATE (MIWDGNY) POLICYURRA71ON DATE (MAVDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE S PRODUCTS- COMP/OP AOO S COMMERCIALGENERAL LIABILITY CLAIMS MADE a OCCUR PERSONAL A ADV INJURY S OWNER'S& CONTRACTORS PROT EACH OCCURRENCE S FIRE DAMAGE (Arty Pro NO) S MED EAR (AWa ixn ) S AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (PAr D.�j S BODILY INJURY iPM Aa+eelA) S HIRED AUTOS NON-OWNED AUTOS PROPERTYOAMAGE $ GARAGE LIABILITY AUTOONLY-EAACGDENT S OTNER THAN AUTO ONLY' ANY AUTO EACH gCGDENT S AGGREGATE S EXCE99 LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND EMPLOYERS LIABILITY WCW TV- OTH. GMIiS EL EACH ACCIDENT _ S THE PROPRIETOR/ INCL PARTNERSEI(ECUTIVE EL DISEASE -POLICY LIMIT S EL DISEASE - EA EMPLOYEE S OFFICERS ARE, EACL OTHER A Professional Liab. AEN003987226 03/13/98 03/13/99 Ocaurenoe 1,000,000 Errors & Omissions Aggregate 2,000,000 DESCRIPTION OF OPERA11014511LOCATIO NSNEHICLEB.NSPECIAL ITEMS Deductible: $75,000 *10 Day Notice of Cangal1ation for Non Job: PS &S - Balboa Island POC's Payment of Premium. CEftYIFfCATE HDLOER °. i CANCELLATION NENPO -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EAPIRATMN DATE THEREOF, THE ISSUING COMPANY WILL MAIL Public Works Department Attn: Lloyd R. Dalton, P.E. P.O. Box 1768 *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE L EFT, SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UANUTY Newport Beach CA 92658 -8915 OFANYKINDVPONTHECOMPANY,.TS ENT60RREMESENTATIV M AUTHORIZED REPRESENTATIVE George W ¢ly, AoOR025S(1f86} .Jr, .1888::.: �/i v v� A Rn - CERTIFICPW OF LIABILITY INSU NCE CSR SB DATE(MM/DD/YY) DOICRE -1 02/19/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R C Fischer & Co - Sacramento ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ely Insurance Brokerage HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2125 - 19th Street Suite 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95818 COMPANIES AFFORDING COVERAGE George W. Ely, Jr. COMPANY Pnone Ne, 916- 443 -5963 Fax NO. 916- 443 -5978 A Firemans Fund Insurance Co INSURED COMPANY B Dokken Engineering COMPANY C p r' I RF�' ' ` 3054 Gold Canal Drive Rancho Cordova CA 95670 COMPANY D I COVERAGES - - - - - ' _: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU tED N ED ABOVE FQB.THE_zWiY PE IOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE DOC L111L1 _It TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE HEPIR� kk9rIgiEP4/F..QWLC'THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C - CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDD/YY) POLICY EXPIRATION DATE(MM/OD/YY) UNITS GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 A X COMMERCIAL GENERAL LIABILITY NXX80714655 10/15/98 10/15/99 PRODUCTS - COMPIOP AGO 52,000,000 CLAIMS MADE FX� OCCUR PERSONAL & ADV INJURY S 1 , 000 , O D D EACH OCCURRENCE 51,000,000 OWNER'S& CONTRACTOR'S PROT X FIRE DAMAGE (Any one fire) $ 50,000 Add'1 Insured CG20101093 MED EXP(Any we person) $ 5,000 AUTOMOBILE LIABILITY A ANY AUTO MXX80714655 10/15/96 10/15/99 COMBINED SINGLE LIMIT 51,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS INSURANCE q � C� PR V _ _ BODILY INJURY (Per accident) S \ PROPERTY DAMAGE S - nip NLII GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- TORY LIMITS ER - EL EACH ACCIDENT S THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE - POLICY LIMIT S EL DISEASE - EA EMPLOYEE $ OFFICERS ARE'. EXCL OTHER DESCRIPTION OF OPERATK)NS/LOCATIONS EHICLES/SPECIAL ITEMS *10 Da Notice of Cancellation for Non Payment of Premium The City of Newport Beach its officials, officers, representatives and employees are named as additional insureds per form attached. This insurance is consid- ered Primary. Job:30 %PS&E- Balboa Island POC's. CERTIFICATE HOLDER.: - - - - - - - - - - CANCELLATIONS ' NEWPORT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL HMO MAIL Attn: Lloyd Dalton /v� Department of Public Works' 1 (I *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT PO Box 1768 Newport Beach CA 95659 V"- A DYg AUTHORIZED REPRESENTATIVE orge W. Ely, r / VORD V�TVN ACORD 25•$ (1195) 1988 -. 0 INSURED: Dokken Engineering POLICY NUMBER: MXX80714655 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of Newport Beach, its officials, officers, representatives and employees Attn: Lloyd Dalton Department of Public Works P.O. Box 1768 Newport Beach, CA 95659 SCHEDULE Job: 30% PS &E - Balboa Island POC -s INSURANCE n R ( MANAGER (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. PRIMARY WORDING Subject to all terms and provisions of the policy, insurance as provided by this endorsement shall be deemed primary, but only with respects to work performed by or on behalf of the named insured in connection with the described project. CG 20 10 10 93 ACORD CERTIFICA# OF LIABILITY INSU CE DODSR E- DATE / SB 02/12/12 /99 9 PRODUCER THIS CERTIFICATE ISIMUED AS A MATTER OF INFORMATION R C Fischer & Co - Sacramento ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ely Insurance Brokerage HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2125 - 19th Street Suite 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95818 COMPANIES AFFORDING COVERAGE George W. Ely, Jr. Phone No. 916 - 443 -5963 Fax No. 916- 443 -5978 COMPANY A CNA Insurance Companies INSURED COMPANY B Dokken Engineering Attn: Dick Dokken COMPANY C 3054 Gold Canal Drive Rancho Cordova CA 95670 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDM') POLICY EXPIRATION DATE (MWDOM) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS- COMP /OP AGG $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE F-1 OCCUR PERSONAL & ADV INJURY $ EACH OCCURRENCE $ OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one tire) $ MED EXP (Any ene parson) f AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f ANY AUTO (Per pewn)URY $ ALL OWNED AUTOS SCHEDULED AUTOS INSURANCE APPROVED BODILY INJURY (Per ecaEent) E HIRED AUTOS NON -OWNED AUTOS ATE RISK MANAG R PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 3 OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT f AGGREGATE f EXCESS LIABILITY EACH OCCURRENCE f AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM EMPLOY WORKERS COMPENSATION NANO EMPLOYERS' LIABILITY WC STATU- OTH- TORY LIMITS ER EL EACH ACCIDENT 3 THE PROPRIETOR/ INCL PARTNERS/EXECUTNE ELDISEASE- POLICY LIMIT 3 EL DISEASE -EA EMPLOYEE f OFFICERS ARE EXCL OTHER A Professional Liab. AEN003987226 03/13/98 03/13/99 Occurence 1,000,000 Errors 6 Omissions Aggregate 2,000,000 DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLES /SPECIAL ITEMS Deductible: $75,000 *10 Da yy Notice of Cancellation for Non Payment of Premium. Job: PBSE - Balboa Island POC's CERTIFICATE HOLDER CANCELLATION ' NEWPO -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL eNOMO VDRTe MAIL Public Works Department Attn: Lloyd R. Dalton, P.E. ^ � n o/v'�l' *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. Box 1768 j Newport Beach CA 92658 -8915 C IllJ PANY, IT ENTS IVES. UTHORIZED REPRESENTATIVE George W. Ely, Jr.� ACORD 25S (1/95) CO C I�N"17j88 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as "Amendment'), entered into this 0* day of OgVe r0 1998, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City'), and Dokken Engineering, whose address is 3914 Murphy Canyon Road, Suite A -153. San Diego, California 92123. (hereinafter referred to as "Consultant'), is made to amend the agreement entered into the 8th day of June, 1998, by and between the aforementioned parties, (hereinafter referred to as "Agreement') as follows: RECITALS B. City also desires to construct Seismic Retrofit of Balboa Island Bridge, Contract No. 3212, as portion of Project. C. City also desires to engage Consultant to provide Construction Management Services for Project upon the terms and conditions contained in this Amendment. D. City has also solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Amendment. 1. TERM 0 The term of Agreement is extended six (6) months terminating on the 8t' day of December, 1999, unless terminated earlier as set forth in Agreement. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all additional duties set forth in the Scope of Services, Exhibit "A ", attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for additional actual costs (including labor, employee benefits, overhead, and other direct costs) incurred by Consultant and listed subconsultants in the performance of services in an additional amount not to exceed $185,044.56 for a total actual costs not to exceed $249,055.58 exclusive of any fixed fee. City shall compensate Consultant an additional fixed fee in an additional amount of $11,805.44 for a total fixed fee of $17,071.54. The schedule of billing rates and cost estimate for this Amendment is set forth in Exhibit "B" attached hereto and incorporated herein by reference. A breakdown of hours worked by month for this Amendment is set forth in Exhibit "C" attached hereto and incorporated herein by reference. 0 0 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATT M- LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation / By: Dennis D O'Neil, Mayor City of Newport Beach CONSULTANT By: Richard T. Liptak, VE. Project Manager EXHIBIT "A" SERVICES TO BE PERFORMED 0 Start Up - Prior to starting work, Consultant shall review specifications and permits with the Contractor to assure complete understanding of environmental and public relations concerns relating to constructing the seismic retrofit of Balboa Island Bridge. Contractor Submittal and Shop Drawing Reviews - Consultant shall be responsible for reviewing shop drawings for the architectural caps, the Water Pollution Control Plan (WPCP) submittal, proposed filler material for spall repair submittal, and all other materials submittals. Public Relations - Consultant shall ensure that good public relations are maintained with the surrounding property owners, business and resident associations, the City Council, Caltrans, and the media. Consultant shall set up a meeting for these parties prior to the commencement of construction. The goal of the meeting will be to obtain valuable input and incorporate their concerns throughout the project. Consultant shall meet with City officials and the public as needed. Eelgrass Habitat Monitoring — Consultant shall coordinate all services to be provided by the Qualified Marine Biologist necessary to satisfy all permit and contract requirements related to protecting and monitoring the eelgrass habitat. Subconsultants - Consultant shall provide the following subconsultant services: Ninyo & Moore (Materials Testing) — will provide the quality assurance materials testing for structural concrete, spall repair filler material, epoxy cartridges for drill and bond dowels, and ultrasounding full - penetration butt welds of steel shells if required. Agra Earth and Environment (Independent Assurance Testing) — will provide independent quality assurance testing of structural concrete. MBC Applied Environmental Sciences ( Eelgrass Monitoring) — will provide fully qualified marine biologist(s) to perform pre and post- construction eelgrass reconnaissance surveys, to mark with buoys the outlines of the several eelgrass patches, to monitor the construction process periodically to ensure that all efforts are being taken to minimize impact to the eelgrass habitat, and to verify that the Contractors Biological Monitor is performing all necessary duties of applicable permits. 0 GKO (Cast -In -Steel -Shell Pile Expert) — will provide a Registered Engineer who is an expert in the Feld of cast -in -steel shell piles. The Engineer will work with the Contractor prior to driving steel shells in a proactive effort to assure that all means will be taken to minimize impact to the environment and produce the best pile product. The Engineer will monitor the driving and construction of the piles until satisfied that the approach, method, and results are adequate. 0 EXHIBIT "B" 0 Construction Management Services for Seismic Retrotit o Balboa Island Bridge ( C -3212 ) Cost Estimate Dokken Engineering Hourly Fee Hours Worked Total Richard T. Liptak, P.M. $ 41.50 30 $ 1,245.00 Richard Fitterer, R.E. 31.00 921 28,551.00 Geoffrey Warrick, Inspector 18.50 9621 17,797.00 Total Direct Cost Labor 47,593.00 Labor Overhead Multiplier (1.4805) Direct Costs Trucks, computers, etc. @ $58 /day Subconsultants Ninyo & Moore Agra Earth and Environment MBC Applied Environ. Sci. GKO & Associates Fee (10 %) Total Price Total Labor Overhead Total Direct Costs 70,461.44 5,742.00 $ 26,680.00 4,000.00 20,000.00 10,568.12 Total Subconsultant Cost $ 61,248.12 Total Fixed Fee $ 11,805.44 $ 196,850.00 1. Consultant agrees that the Contract Cost Principles and Procedures, CFR 48, Chapter 1, Part 31, shall be used to determine the allowability of individual items of cost. 2. Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 3. Costs for which payments have been made to Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1, Part 31, shall be refunded by the Consultant. 4. Costs shown in this estimate are for the Amendment only. 0 0 Construction Management Services for Seismic Retrofit of Balboa Island Bridge (C -3212) Estimate of Hours D J F M A M Hours Richard T. Liptak, P.E. Project Manager 5 5 5 5 5 5 30 Richard Fitterer, P.E. Resident Engineer 0 190 190 176 175 190 921 Geoff Warrick Full -Time Inspector 0 1901 190 1961 196 190 962 Total Hours 5 3851 385 3771 376 385 1913 C_a6oy PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 71�day of �, 1998, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Dokken Engineering, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123, (hereinafter referred to as "Consultant"), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to 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 construct Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge, Contract No. 2804 ( "Project "). C. City desires to engage Consultant to provide Construction Management Services for Project upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Richard T. Liptak, P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms of conditions provided in this Agreement. • NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement is one (1) year commencing on the 8th day of June, 1998, and terminating on the 8th day of June, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for actual costs (including labor, employee benefits, overhead, and other direct costs) incurred by Consultant and listed subconsultants in the performance of services in an amount not to exceed $64,011.02 exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in Consultant's cost proposal dated April 30, 1998. In no event shall Consultant be reimbursed for overhead costs at a rate that exceeds the approved overhead rate set forth in the cost proposal. In addition to the costs referred to in the above paragraph, City shall compensate Consultant a fixed fee of $5,266.10. Said fixed fee shall not be altered unless City and Consultant agree that there is a significant alteration of the scope, complexity, and /or character of the services to be performed. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is PA 0 billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable within thirty (30) days of receipt of invoice subject to the approval of City and based upon full payment for work satisfactorily completed. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under 3 0 • this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 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 the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The terms "Construction Management" or "Construction Manager" do not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of and shall not be responsible for the project's design, City's project contractor (hereinafter referred to as "Contractor "), construction means, methods, techniques, sequences or procedures, or for 4 0 0 any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of Contractor. Consultant shall not be responsible for Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, it's Contractor, Subcontractors, or agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis, and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or,agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 9 0 0 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Richard T. Liataj(rP.E. to be it's Project OV Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. Consultant shall provide Construction Management with the expressed intent that all construction shall be completed as quickly as practicable. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. N 0 0 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or 7 9 0 employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other ri form with a general aggregate is used, either the general aggregate shall apply separately to Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000.000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 9 0 0 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City Ic 0 assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. access to and, upon request of Consultant, one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction shall be the responsibility of Consultant as defined above. C. useable life of facilities criteria and provide information with regards to deficient facilities. D. street base digital file in AutoCAD (DXF) compatible format. 11 9 • 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd R. Dalton, P.E., shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to City with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums 12 i r at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 13 24. SUBCONTRACTING AND ASSIGNMENT A. Consultant shall not subcontract or assign any portion of the services required by this Agreement without the prior approval of City. B. A contract in excess of $25,000 entered into as a result of this Agreement shall contain all of the provisions stipulated within this Agreement to be applicable to subcontractors, including specific references to payment, record retention, and cost principal provisions. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 Attention: Lloyd R. Dalton. P.E. (714) 644 -3328 Fax (714) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Dokken Engineering 3914 Murphy Canyon Road, Suite A -153 San Diego, CA 92123 Attention: Richard T. Liptak, P.E. (619) 514 -8377 Fax (619) 514 -8608 14 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 15 0 0 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his 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 contractor bids or actual cost to City. 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. i[a 0 32. PATENT INDEMNITY Consultant shall indemnify City, its agents 0 officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin uson Assistant City Attorney City of Newport Beach ATTEST: LaVonne Harkless City Clerk f:\ groups \pubworks\agmt\g8\dokken3. doc 17 CITY OF NEWPORT BEACH A Municipal Corporation M City of Newport Beach CONSULTANT By: AID'"'/ / Richard T. Liptak, P.E. Project Manager 0 0 EXHIBIT "A" SERVICES TO BE PERFORMED Consultant shall provide a registered professional engineer, acting as the Resident Engineer, to start Project, get the files and paperwork set up, review and approve all early contractor submittals and provide intermittent inspection and support. Contract Change Orders will be written and negotiated by the Resident Engineer, who will be immediately available to City and Consultant's inspector. Assisting the Resident Engineer will be an Assistant Engineer serving as Consultant's full-time inspector. Dokken Engineering will set up and monitor the quality assurance and independent quality assurance programs. The testing firms that will perform these duties will be used on an as -need basis, depending on the work being performed. Consultant shall provide the following services: Start Up - A kick -off meeting will be convened with City, Consultant, Caltrans, and Subconsultants to define roles and responsibilities of the project team, paths of communication between team participants and to refine the work program. Pre - Construction Meeting — Consultant will organize and conduct a Pre - Construction meeting. Prior to the Pre - Construction meeting, Consultant's inspectors will have a comprehensive knowledge of the project plans, specifications, and bid documents. Attendees will include, but not be limited to, the prime contractor and key members of subcontractors, representatives of the project designers, utility companies, City, and Caltrans. Project schedule, invoicing, payroll, utility relocation coordination, and any other pertinent issues such as compensation and retention procedures will be discussed at the meeting. Contractor's Schedule — Consultant will review the contractor's construction schedule and notify the contractor of any potential conflicts with items of work. Diaries and Progress Reports — Consultant's inspector will record the progress of the contract on a daily basis and keep records in a project diary. Weekly progress reports will be prepared by the Registered Engineer and submitted to City. Progress reports will include percentage of work complete, working days completed, and a description of the overall progress of the project. Contractor Submittal and Shop Drawing Reviews — The Resident Engineer will be responsible for reviewing all contractor's submittals and shop drawings that require acceptance by a Professional Engineer. These include, but are not limited to, Trenching and Shoring Plans, Falsework Plans, Working Platform Plans, Bridge 11M • 0 Removal Plans and Contractor's Construction Schedule. The Inspector will be responsible for reviewing all other submittals, such as Asphalt Concrete and Portland Cement Concrete Mix Designs, Contractor's Traffic Plan, Pile Placing Plan and Steel Shop Drawings. Progress Payment — Consultant will prepare monthly progress payment estimates on the Caltrans forms that will be provided to City for contractor payment. Surveying and Material Testing Coordination — Consultant's inspector will coordinate with the material testing group. Materials testing will be performed at intervals required in the Caltrans Bridge Records and Procedures Manual and the Construction Manual. Independent testing will be performed at intervals required by Caltrans. Safety Review — Consultant's inspector will monitor contractor safety procedures and send written notification concerning any violations. Labor Compliance — Consultant's inspector will monitor contractor and subcontractor compliance with labor terms and provisions set forth in the contract. Those terms will include complying with prevailing wages and equal opportunity employment to subcontractors, affirmative action requirements, and payment of overtime. Contract Change Orders — Contract Change orders will be written and negotiated by the Resident Engineer,.as needed. Inspection — During construction activity on the project site, Consultant's inspector will be present. Consultant's inspector will ensure that the contractor's work crew is consistently operating in accordance with the project plans and specifications. Anticipated project elements include roadway, bridge, earthwork, drainage, landscaping, architecturally treated barrier, planting, utility relocation, staging, and permit enforcement. Consultant's inspector will record by video and photography field data as required to adequately document before -, during -, and after- construction conditions. Weekly Meetings — Consultant will conduct weekly meetings with the contractor, record meeting minutes and distribute meeting minutes appropriately, with one copy sent to City and to Caltrans Oversight Personnel. Progress Reports — The Resident Engineer will write weekly progress reports explaining the work performed the previous week, the work to be anticipated, the percent of work complete, the percent to time complete, and the anticipated completion date. These will be distributed to City and Caltrans Oversight Personnel. Storm Water Pollution Protection Plan (SWPPP) — The Registered Engineer will review and approve the SWPPP prior to the contractor starting any construction operations. 19 • 0 As -Built Drawings — During construction of Project, Consultant will develop "as -built mark -ups" that can be utilized in the preparation of final "As -Built Plans" upon completion of Project. AutoCad files will be provided with as -built corrections at the conclusion of Project. Subconsultants -- Consultant will provide the following subconsultant services: Ninyo & Moore (Testing) - will provide the quality assurance testing for structural concrete bridge, asphalt concrete, high strength bolts, structure backfill, and epoxy cartridges for drill and bond dowels. Group Delta (Independent Testing) - will provide independent quality assurance testing, "testing the tester" for structural concrete bridge, asphalt concrete, high strength bolts, structure backfill, and epoxy cartridges for drill and bond dowels. 20 EXHIBIT "B" COMPENSATION TO CONSULTANT City shall compensate Consultant according to the following fee schedule: Dokken Engineering Hourly Fee Hours Worked Total Richard T. Liptak, Project Manager $ 41.50 20 $ 830.00 Richard Fitterer, Registered Engineer 31.00 300 9,300.00 Geoffrey Warrick, Inspector 18.50 600 11,100.00 Total Direct Labor Cost i 21,230.00 Labor Overhead Multiplier (1.4805) Direct Costs Truck, computer, etc. @ $58.00 /day Subconsultants Ninyo & Moore Group Delta (Independent Testing) Fee (10 %) Total Price Total Labor Overhead 31,431.02 Total Direct Costs 4,350.00 $ 6,000.00 1,000.00 Total Subconsultant Cost 7,000.00 Total Fixed Fee 5.266.10 $ 69,277.12 1. Consultant agrees that the Contract Cost Principles and Procedures, CFR 48, Chapter 1, Part 31, shall be used to determine the allowability of individual items of cost. 2. Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ". 3. Costs for which payments have been made to Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1, Part 31, shall be refunded by Consultant. 21 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TM Engineering 19301 Ventura Boulevard, Suite 200 Tarzana, California 91356 Gentlemen: (714) 644 -3005 July 6,1998 Thank you for your courtesy in submitting a bid for the Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge (Contract No. 2804) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, J\G U �7��� %i� • �Q�- -fc�rZ�� LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Clarke Contracting Corporation Post Office Box 519 Lawndale, California 90260 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge (Contract No. 2804) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach E n U CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Lehigh Construction Company 714 South Plymouth Boulevard Los Angeles, California 90005 Gentlemen: (714) 644 -3005 July 6,1998 Thank you for your courtesy in submitting a bid for the Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge (Contract No. 2804) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 6°CJ9"e /rJ . /�'& LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 • 0 ev June 8, 1998 CITY COUNCIL AGENDA ITEM NO. 13 t � : TO: Mayor and Members of the FROM: Public Works Department SUBJECT: SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE - CONTRACT NO. 2804 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 2804 to Peterson -Chase and authorize the Mayor and the City Clerk to execute the contract. 3. Authorize a $50,000 construction reserve amount for materials testing and unforeseen work. 4. Approve a construction management agreement with Dokken Engineering, and authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION At 11:00 am on May 27, 1998, the City Clerk opened and read the following bids for this project: Bidder Total Bid Amount Low Peterson -Chase $ 494,278.50 2. T. M. Engineering $ 569,635,66 3. Clarke Contracting Corp. $ 586,017.00 4. Lehigh Construction Co. $ 616,583.50 The low bid is 3% below the revised Engineer's Estimate of $510,000. The low bidder, Peterson- Chase, is a general engineering contractor who has not performed previous contract work for the City; however, a check with their references and the Contractors State License Board indicates that Peterson has successfully completed many retrofit projects for Caltrans and has no pending actions detrimental to their contractors license, respectively. This project provides for modifying the Lido Isle and Newport Island bridges to increase their resistance to collapse due to lateral earthquake forces. The work includes 0 0 SUBJECT: SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE - CONTRACT NO. 2804 June 8, 1998 Page 2 is connecting certain bridge spans together, then connecting the spans into large structures that will be built behind the abutments to resist the forces. BACKGROUND The 1971 San Fernando earthquake exposed a number of deficiencies in the State of California's ( Caltrans') - bridge design methods of that time. Caltrans determined that all bridges within the State should be capable of surviving a maximum credible earthquake. Some damage was felt to be inevitable, but collapse was believed to be preventable with proper retrofitting. Caltrans' seismic retrofit program was initiated immediately after the earthquake. It's initial objective was to ensure the continuity of all superstructure joints in bridges which are subject to large ground accelerations. The effort was completed in 1987, after some 1300 State highway system bridges had been retrofitted. The City shared in the effort by likewise retrofitting the Balboa Island and Lido Isle bridges during 1984 at the City's sole expense. The 1989 Loma Prietta earthquake accelerated a second phase of bridge seismic . retrofit in which all 25,000 publicly owned bridges within the State are being analyzed to determine their resistance to collapse due to a large earthquake. Special attention is being focused upon substructures; i.e., bridge foundations. In 1990, City staff began working with Caltrans officials to expedite this second phase seismic analysis of the City's 10 bridges. The City retained Dokken Engineering, a Sacramento -based structural design firm, to prepare a detailed seismic analysis and a report for retrofitting the City's bridges. Dokken then prepared a second analysis and report to satisfy Caltrans' changing methodology, and finally during 1996, Caltrans agreed that three of the City's bridges (Balboa Island, Lido Isle, and Newport Island) are deemed likely to succumb to a large earthquake. In December of 1996, Caltrans issued the City "Notices to Proceed" with retrofitting the three bridges. Inasmuch as the most recent analysis indicates that the three bridges meet Caltrans' funding criteria for bridges that are "subject to collapse ", they qualify for 100% reimbursement of final design and construction costs using Federal Highway Administration (FHWA) Highway Bridge Rehabilitation and Replacement and State Seismic Retrofit Program funds. According to Caltrans' funding formula, the City is approved for reimbursement of as much as $264,000 in final design costs and $2.1 million in construction costs for the three bridges. In addition, the City has received authorization to proceed with the construction phase of retrofitting the Lido Isle and Newport Island bridges in the amount of $708,960 (see Exhibit 1). SUBJECT: SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE - CONTRACT NO. 28D4 June 8, 1998 Page 3 CONSTRUCTION CONTRACT Dokken has prepared plans, specifications and estimate for retrofitting the two bridges. The contractor will be allowed to perform work between the hours of 7am and 6pm, but not on holidays or Sundays, nor after 3pm on a day preceding a non -work day. Lane closures will be directed by flagmen and allowed between the hours of 8:30am and 4:30pm, unless the Engineer specifically approves otherwise. A $50,000 construction reserve amount is recommended to be set aside for materials testing and unforeseen work. Ample funds will remain in the reimbursement approval to retrofit the Balboa Bridge in a separate contract, which is currently estimated at $1,517,500. The contract provides that all work be completed within 75 consecutive working days (approximately 3%: months). Assuming no unforeseen delays, work on both bridges should be completed during October. Liquidated damages are $1,000 per calendar day. Staff has met with the boards of the Lido Isle and Newport Island community associations to apprise them of the upcoming work and to accommodate their needs within the provisions of the construction contract. At Newport Island's request, the contract provisions have been structured such that work may not be performed on the Newport Island bridge prior to September 81". With regard to permits and approvals, the State has determined that bridge seismic retrofit projects are categorically exempt from the provisions of the California Environmental Quality Act (CEQA). The Lido Isle and Newport Island retrofit projects are exempt from U.S. Coast Guard and California Coastal Development permit requirements. The Regional Water Quality Control Board has waived its water quality certification, and the Corps of Engineers has concurred that bridge retrofit work is authorized under Nationwide Permit 15. Caltrans' Division of Structures has reviewed PS &E and recommended approval to the FHWA. CONSTRUCTION MANAGEMENT Due to the critical and technical nature of the structural improvements to the bridge foundation structures, outside construction management services are needed to provide the necessary inspection skills. During March, staff solicited five firms to propose to provide construction management (CM) services for the project. Of the three firms that responded, the design firm, Dokken Engineering, `appears to be best qualified to perform the work. Dokken SUBJECT: SEISMIC R FIT OF LIDO ISLE BRIDGE AND NEWPORT BRIDGE - CONTRACT NO. 2804 June 8,1998 Page 4 0 proposes to provide a complete scope of CM services and materials testing under the State's "actual cost plus fixed fee" format, not to exceed $69,277.12 (see Exhibit 2). As stated above, the City's retrofit of the three bridges is 100% funded by the FHWA and the State. CM services are also 100% funded by the FHWA and the State. Sufficient funds to award the contract, provide for contingency, and retain CM services are budgeted under Account No. 7251- C5100067, Bridge Retrofit Program. Respectfully submitted, ( L�a UAL Public Works Department Don Webb, Director By LlAyd Dalton, PE • Design Engineer Attachments: Bid Summary Exhibit 1 - Caltrans letter dated 4/29/98 Exhibit 2 — Dokken Proposal Professional Services Agreement f:\ groupst pubworkstcounciM81une- 8tretrofit.doc 0 EXHIBIT 1 STATE OF CALIFORNIA— BUSINESS AND TRAL TATION AGENCY ' PETE WILSON, Go� DEPARTMENT OF TRANSPORTATION DLSTRICf' 12 OrI PULLMAN STREET A ANA, CA 9M5 Mr. Don Webb Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Attn: Mr. Lloyd Dalton Dear Mr. Webb: April 29, 1998 12- ORA- 0 -NPTB STPLZ- 5151(004) 38th St. @ Rivo Alto and Via Lido Bridges 55C -261 and 55C -013 You have authorization to proceed with the Construction phase of your project with the effective date of April 27, 1998. Federal Funds for the Construction phase have been obligated in the amount of $708,960. However, Federal Funds will not be available for reimbursement of your incurred project costs until after the Federal -Aid Project Agreement (PR -2) and Program Supplement have been completed (Refer to LPP 95 -07, Attachment 8, Page 11). If you have any questions, please contact Iraj Razavi at (714) 724 -2825. Sincerely, George Kopjak, Chief Local Assistance Branch District 12 Attachment: E -76 CC: Barry Leaning, HQ Dean Delgado, OCTA 0 5151- 006."P dOd1000 q q 1 u to d d I qq 1 N N 1 W W d d 1 00 i nn 1 1 1 i 1 1 1 000loNN 0 o I mm m m 1 00 d d 1 00 � Wm 1 I i I I I 1 I 1 q I UEm IUEm 0 ° 0 wi°� �m imm� aEmiaEm I I 1 a i v '1i I N O I Z wIN O Elq M I\ NN E a NIti w1N IN dN za �m dN m a .1 d rl I Z Z m FFFrrr WiWCU a Onnd o a i In o'1 M pp N yay \ \d q duN \ Y C 2 m�qm m EZ OpmgN 'fa4�7.1 UpRVU U wCHpFD: m w {Wy „pzpV ME O '1 a dfJ WYi MOZ m m NmOa azH E V 4 0 0 0 muz \ e u wmH ru u mou 5 IM 9N a Raa .l a a U N a44 Dma .d-I o�. moo o pa O° a0 °V W E N INn m omz� ppo �F pV N R m eaa O aaZ��m 0” WDbNZ CEIm a'OEFEEm mm Irommmmm F m m Ip.I pUppp m'�j�Fs'�` H m E yJU F W Z mm n MR o p azm �yyy � oo z of O ma.N- ImNO1�N -1 CmJa°ul°� m 31 « aU 44 OR F m 183 -m R m1 i�1�yp� WE rr71M -I pVpZ E1+cd 1 �t m OGCOmmN(m�JDOME�� amA [4y E1 \ m \ 6� %°aaam_m E c�i dOd1000 q q 1 u to d d I qq 1 N N 1 W W d d 1 00 i nn 1 1 1 i 1 1 1 000loNN 0 o I mm m m 1 00 d d 1 00 � Wm 1 I i I I I 1 I 1 q I UEm IUEm 0 ° 0 wi°� �m imm� aEmiaEm I I 1 a i v • i N N m NN IN dN za �m dN m .1 d rl m qq\ m M pp N yay \ \d q duN \ C 2 EZ OpmgN wCHpFD: OOp ytmyjlj O '1 [y IL dfJ WYi MOZ n m NmOa azH 0u muz wmH mou Raa aO4 mm�m N a44 moo o mHot m omz� N R m m > °m N Nov R 4 0 Irommmmm Ip.I pUppp m'�j�Fs'�` H m E yJU F W Z um m p azm z of O 31 « aU o pamo F m 183 -m NNpp�?Sn m1�C..Io ZSi Ucpi m vo�+`aH� w Zm Mm« U �m� O •Fim 6 E. IN m�ai o0oc+m0 � � z e�F MU y4 a R I �mpNO�pgm}l�l m j EU 1 Uil'1 eaa 1mmmm•1 mm • i 0 • 0 • §DOKKEN. E N G I N E E R I N G Lloyd Dalton, PE Project Manager Public Works Department, City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659 April 30, 1998 EXHIBIT 2'!!' W. VAY n . RE: Cost Breakdown for Construction Management Services for Retrofit of Lido Isle and Newport Island Bridges Dear Lloyd: Following is our proposed cost breakdown. This breakdown is consistent with the Caltrans "actual cost plus fixed fee" format. Note that we have now included items for our testing subconsultants. Dokken Engineering's current overhead rate for this State and Federally funded project is 148.05 %. Our standard fee is 10 %. Please call me if you have any questions. Sincerely, Matthew W. Salveson, P.E. Associate Engineer attachment 939- 540/MS /ms 3914 Munanr Cmavos Rom, Sucre A -153 • Sm DIEGO. CA 92123 Tra: 619.514.8377 Fax: 619.514.8608 CITY OF NEWPORT BEACH CONSTRUCTION MANAGEMENT SERVICES SEISMIC RETROFIT OF WEST LIDO & NEWPORT ISLAND BRIDGES TOTALS Direct Labor Hours Rate Amount Project Manager Richard Liptak 20 $41.50 $830.00 Professional Engineer Richard Fitterer 300 $31.00 $9,300.00 Full Time Inspector Geoff Warrick 600 $18.50 $11,100.00 Total Direct Labor Cost: $21,230.00 Labor Overhead Multiplier (1.4805) Total Labor Overhead: $31,431.02 Direct Costs Truck, Computer, Phone, Pager ($58.00 /day) Total Direct Costs: $4,350.00 Subconsultants Ninyo & Moore (Testing) Group Delta (Independent Testing) Fee Fee (10 %) $6,000.00 $1,000.00 Total Subconsultant Costs: $7,000.00 $5,266.10 TOTAL COST: $69,277.12 0 • 0 0 • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 8th day of June, 1998, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Dokken Engineering, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to 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 construct Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge, Contract No. 2804 ( "Project "). C. City desires to engage Consultant to provide Construction Management Services for Project upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Richard T. Liptak. P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- • E desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement is one (1) year commencing on the 8th day of June, 1998, and terminating on the 8th day of June, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT • City shall pay Consultant for actual costs (including labor, employee benefits, overhead, and other direct costs) incurred by Consultant and listed subconsultants in the performance of services in an amount not to exceed $64,011.02 exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in Consultants cost proposal dated April 30, 1998. In no event shall Consultant be reimbursed for overhead costs at a rate that exceeds the approved overhead rate set forth in the cost proposal. In addition to the costs referred to in the above paragraph, City shall compensate Consultant a fixed fee of $5,266.10. Said fixed fee shall not be altered unless City and -2- • • Consultant agree that there is a significant alteration of the scope, complexity, and /or character of the services to be performed. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable within thirty (30) days of receipt of invoice subject to the approval of City and based upon full payment for work satisfactorily completed. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance • with the schedule of the billing rates as set forth in Exhibit "B ". I] 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. -3- 0 0 C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 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 the community professional . standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to 1] -4- U 0 0 approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The terms "Construction Management" or "Construction Manager' do not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of and shall not be responsible for the project's design, City's project contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of Contractor. Consultant shall not be responsible for Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Ws Contractor, Subcontractors, or agents or employees, or of any other persons performing portions of the work. S. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis, and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the -5- 10 0 details in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times 0 during term of Project. Consultant has designated Richard T. Liptal. P.E. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ",, whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. El 0 Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. Consultant shall provide Construction Management with the expressed intent that all construction shall be completed as quickly as practicable. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 9. CITY POLICY • Consultant will discuss and review all matters relating to policy and project • direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS ., Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the -7- 0 0 work, activities performed and planned, and any meetings that have been scheduled or 0 are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or • employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be 0 r -8- L J policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to H filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance L J policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to H 0 0 be performed in connection with this Agreement in the minimum amount of 0 One Million Dollars ($1,000,000 1. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to 0 City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. P J -10- • 0 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 cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. • Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, fumish -11- • 0 reports concerning the status of services required under this Agreement. . 16. CONFIDENTIALITY f The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. access to and, upon. request of Consultant; one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. • B. blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction shall be the responsibility of Consultant as defined above. C. useable life of facilities criteria and provide information with regards to deficient facilities. D. street base digital file in AutoCAD (DXF) compatible format. 0 -12- ! • • 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd R. 0 Dalton. P.E., shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to City with respect to -13- 0 such disputed sums. Consultant shall be entitled to receive interest on any withheld sums • at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. . 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination C.1 -14- of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultants violation of this Section. 24. SUBCONTRACTING AND ASSIGNMENT A. Consultant shall not subcontract or assign any portion of the services required by this Agreement without the prior approval of City. B. A contract in excess of $25,000 entered into as a result of this Agreement shall contain all of the provisions stipulated within this Agreement to be applicable to subcontractors, including specific references to payment, record retention, and cost principal provisions. 25. NOTICES 0 All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: ii City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 Attention: Lloyd R. Dalton. P.E. (714) 644 -3328 Fax (714) 644 -3308 -15- • 0 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Dokken Engineering 3914 Murphy Canyon Road, Suite A -153 San Diego, CA 92123 Attention: Richard T. Liptak, P.E. (619) 514 -8377 Fax (619) 514 -8608 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default ! and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specked in this Agreement that is earned and unpaid prior to the E -16- • effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or • nature whatsoever between the parties hereto and all preliminary negotiations and 0 agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his 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 contractor bids or actual cost to City. -17- 0 0 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: so CITY OF NEWPORT BEACH A Municipal Corporation By: • • 0 • Robin Clauson Assistant City Attorney City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk f.\ groups %pubworks\agmtk98\dokken3.doc • -19- Thomas C. Edwards, Mayor City of Newport Beach CONSULTANT By: Richard T. Liptak, P.E. Project Manager 0 0 EXHIBIT "A" 0 SERVICES TO BE PERFORMED Consultant shall provide a registered professional engineer, acting as the Resident Engineer, to start Project, get the files and paperwork set up, review and approve all early contractor submittals and provide intermittent inspection and support. Contract Change Orders will be written and negotiated by the Resident Engineer, who will be immediately available to City and Consultant's inspector. Assisting the Resident Engineer will be an Assistant Engineer serving as Consultant's full -time inspector. Dokken Engineering will set up and monitor the quality assurance and independent quality assurance programs. The testing firms that will perform these duties will be used on an as -need basis, depending on the work being performed. Consultant shall provide the following services: Start Up - A kick -off meeting will be convened with City, Consultant, Caltrans, and Subconsultants to define roles and responsibilities of the project team, paths of communication between team participants and to refine the work program. • Pre - Construction Meeting — Consultant will organize and conduct a Pre - Construction meeting. Prior to the Pre - Construction meeting, Consultant's inspectors will have a comprehensive knowledge of the project plans, specifications, and bid documents. Attendees will include, but not be limited to, the prime contractor and key members of subcontractors, representatives of the project designers, utility companies, City, and Caltrans. Project schedule, invoicing, payroll, utility relocation coordination, and any other pertinent issues such as compensation and retention procedures will be discussed at the meeting. Contractor's Schedule — Consultant will review the contractor's construction schedule and notify the contractor of any potential conflicts with items of work. Diaries and Progress Reports — Consultant's inspector will record the progress of the contract on a daily basis and keep records in a project diary. Weekly progress reports will be prepared by the Registered Engineer and submitted to City. Progress reports will include percentage of work complete, working days completed, and a description of the overall progress of the project. 0 -20- Contractor Submittal and Shop Drawing Reviews — The Resident Engineer will be responsible for reviewing all contractor's submittals and -shop drawings that require acceptance by a Professional Engineer. These include, but are not limited to, Trenching and Shoring Plans, Falsework Plans, Working Platform Plans, Bridge Removal Plans and Contractor's Construction Schedule. The Inspector will be responsible for reviewing all other submittals, such as Asphalt Concrete and Portland Cement Concrete Mix Designs, Contractor's Traffic Plan, Pile Placing Plan and Steel Shop Drawings. Progress Payment — Consultant will prepare monthly progress payment estimates on the Caltrans forms that will be provided to City for contractor payment. Surveying and Material Testing Coordination — Consultant's inspector will coordinate with the material testing group. Materials testing will be performed at intervals required in the Caltrans Bridge Records and Procedures Manual and the Construction Manual. Independent testing will be performed at intervals required by Caltrans. Safety Review — Consultants inspector will monitor contractor safety procedures and send written notification concerning any violations. Labor Compliance — Consultant's inspector will monitor contractor and subcontractor . compliance with labor terms and provisions set forth in the contract. Those terms will include complying with prevailing wages and equal opportunity employment to subcontractors, affirmative action requirements, and payment of overtime. • Contract Change Orders — Contract Change orders will be written and negotiated by the Resident Engineer, as needed. Inspection — During construction activity on the project site, Consultant's inspector will be present. Consultant's inspector will ensure that the contractor's work crew is consistently operating in accordance with the project plans and specifications. Anticipated project elements include roadway, bridge, earthwork, drainage, landscaping, architecturally treated barrier, planting, utility relocation, staging, and permit enforcement. Consultant's inspector will record by video and photography field data as required to adequately document before -, during -, and after- construction conditions. Weekly Meetings — Consultant will conduct weekly meetings with the contractor, record meeting minutes and distribute meeting minutes appropriately, with one copy sent to City and to Caltrans Oversight Personnel. -21- Progress Reports — The Resident Engineer will write weekly progress reports • explaining the work performed the previous week, the work to be anticipated, the percent of work complete, the percent to time complete, and the anticipated completion date. These will be distributed to City and Caltrans Oversight Personnel. Storm Water Pollution Protection Plan (SWPPP) — The Registered Engineer will review and approve the SWPPP prior to the contractor starting any construction operations. As -Built Drawings — During construction of Project, Consultant will develop "as -built mark -ups" that can be utilized in the preparation of final "As -Built Plans" upon completion of Project. AutoCad files will be provided with as -built corrections at the conclusion of Project. Subconsultants — Consultant will provide the following subconsultant services: Ninyo & Moore (Testing) - will provide the quality assurance testing for structural concrete bridge, asphalt concrete, high strength bolts, structure backfill, and epoxy cartridges for drill and bond dowels. Group Delta (Independent Testing) - will provide independent quality assurance testing, "testing the tester" for structural concrete bridge, asphalt concrete, high • strength bolts, structure backfill, and epoxy cartridges for drill and bond dowels. • -22- C� EXHIBIT 'B" COMPENSATION TO CONSULTANT City shall compensate Consultant according to the following fee schedule: Dokken Engineering Hourly Fee Hours Worked Total Richard T. Liptak, Project Manager $ 41.50 20 $ 830.00 Richard Fitterer, Registered Engineer 31.00 300 9,300.00 Geoffrey Warrick, Inspector 1 18.501 6001 11,100.00 Total Direct Labor Cost I 1 1 21,230.00 Labor Overhead Multiplier (1.4805) Direct Costs Truck, computer, etc. @ $58.00 /day Subconsultants Ninyo & Moore Group Delta (Independent Testing) Fee (10 %) Total Price Total Labor Overhead 31,431.02 Total Direct Costs 4,350.00 $ 6,000.00 1,000.00 Total Subconsultant Cost 7,000.00 Total Fixed Fee 5.266.10 $ 69,277.12 1. Consultant agrees that the Contract Cost Principles and Procedures, CFR 48, Chapter 1, Part 31, shall be used to determine the allowability of individual items of cost. 2. Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ". 3. Costs for which payments have. been made to Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1, Part 31, shall be refunded by Consultant. -23- TO: Mayor and Members of the City Council FROM: Public Works Department 0 ,. April 22, 1996 CITY COUNCIL AGENDA ITEM NO. 4 APR 2 2 i s SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO I BRIDGE, AND NEWPORT ISLAND BRIDGE - CONTRACT NO. 2804 RECOMMENDATIONS: 1. Approve a consultant agreement with Dokken Engineering. 2. Authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION: The 1971 San Fernando earthquake exposed a number of deficiencies in Caltrans' bridge design methods of that time. Caltrans determined that all bridges within the . State should be capable of surviving a maximum credible earthquake. Some damage was felt to be inevitable, but collapse was believed .to be preventable with proper retrofitting. Caltrans' seismic retrofit program was initiated immediately after the earthquake. Its initial objective was to ensure the continuity of all superstructure joints in bridges which are subject to large ground accelerations. The effort was completed in 1987, after some 1300 State highway system bridges had been retrofitted. The City shared in the effort by likewise retrofitting the Balboa Island and Lido Isle bridges during 1984 at the City's sole expense. The 1989 Loma Prietta earthquake accelerated a second phase of bridge seismic retrofit in which all 25,000 publicly -owned bridges within the State are being analyzed to determine their resistance to collapse due to a large earthquake. Special attention is being focused upon substructures; i.e., bridge foundations. In 1990 City staff began working with Caltrans officials to expedite this second phase seismic analysis of the City's 10 bridges. The City retained Dokken Engineering, a Sacramento -based structural design firm, to prepare a detailed seismic analysis and a report for retrofitting the City's bridges. Dokken then prepared a second analysis and report to satisfy Caltrans' changing methodology. Finally, last summer, Caltrans agreed is that 3 of the City's bridges (Balboa Island, Lido Isle, and Newport Island) are likely to succumb to a large earthquake. 0 • SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE - CONTRACT NO. 2804 April 22, 1996 Page 2 In December Caltrans'- sued the City "Notices to Proceed" with retrofitting the 3 bridges. The 3 brs Inal a Caltrans' funding criteria for bridges that are "subject to collapse ", the Costs or design and construction of the retrofit qualifies for 100% reimbu a Federal Highway Administration's Highway Bridge Rehabilil.atign 1 rrent funds and the State's Seismic Retrofit Program funds. According to Caltrans' formula, this means that the City has been approved for reimbursement of as much as $264,000 in final design costs and $2.1 million in construction costs. The Caltrans' criteria for retrofitting bridges that are subject to collapse will provide enough protection to the bridge to prevent a collapse. The criteria will not necessarily mean the bridge will be serviceable after a major earthquake. A retrofit that would provide "structural serviceability" after a major earthquake more than doubles the cost and will not be funded under the Caltrans' program. Last fall, the City Council authorized staff to negotiate a consultant agreement to prepare final plans and specifications for retrofitting the 3 bridges (see attached Agenda Item dated September 25, 1995). Staff has evaluated the qualifications of various structural engineering firms and has determined that Dokken Engineering is the best - qualified to provide the seismic engineering services. Dokken submitted a proposal, then modified it as requested by staff to provide the following final design services: Task 1 Data collection; utility coordination; utility location; and environmental clearance, permits and underwater inspections Task 2 Topography and surveys; bridge field inspections; geotechnical investigation; retrofit alternatives; and agency coordination Task 3 Retrofit alternatives and agency coordination Task 4 Final plans, specifications, and estimate Task 5 Reproductions, travel, and mail Task 6 Construction support Task 7 "As built" plan preparation t ' LJ • SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE - CONTRACT NO. 2804 April 22, 1996 Page 3 Dokken estimates that they will need approximately 20 weeks from approval of contract to complete their design services. They propose to subcontract with the Los Angeles firm of Abratique & Associates to provide subsurface and utility services; with the San Diego firm of AGRA Earth & Environmental to provide the geotechnical studies; and with the Irvine firm of LSA Associates, Inc., to provide the environmental services that are required for the project. Dokken's fee schedule is included in their proposal (see attachment dated March 22, 1996). Their not -to- exceed fee has been negotiated at $262,900, including all subcontract services. Barring unforeseen events in the design process, the final plans and specifications are anticipated to be ready for bid advertisement by October. Work could then begin early in 1997, which is staffs goal, given that Spring is probably the least disruptive time of year to construct the bridge improvements. Respectfully submitted, • 6PuUblic Works Department Don Webb, Director b ! r' ! ; ; y 1'.r.i.i.l.'L% Lloyd Dalton, P.E. Design Engineer Attachments (2) 40 September 25, 1995 CITY COUNCIL AGENDA • ITEM NO. TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE (C -2804) RECOMMENDATIONS: 1. Endorse staffs findings that Caltrans' criteria for seismic retrofit is appropriate for City -owned bridges. 2. Authorize Staff to negotiate a consultant contract to prepare final plans and specifications. DISCUSSION: PROJECT HISTORY In the City Council's newsletter of June 23, 1995, the Public Works • Department reported on a "strategy meeting" that had been held with Caltrans officials to discuss retrofitting City -owned bridges to resist seismic forces. This report is intended to apprise the City Council of progress on the bridge retrofit project. The City's retrofit project began approximately 6 years ago when, as a result of structural deficiencies which surfaced following the Sylmar, Whittier, and Loma Prieta earthquakes, the State Senate established funds under SB 36X, SB 1742, and SB 732 for retrofitting public bridges. Due to the City's close proximity to the Newport- Inglewood fault zone and the desire to insure access to all areas of the City subsequent to a major local earthquake, the City budgeted funds during FY 1990 -91 to obtain consultant services to 1) prepare and submit a seismic analysis of the City's nine bridges to Caltrans, and 2) to attend a "strategy" meeting with Caltrans officials. The analysis and strategy meeting are the first steps that agencies must follow if they want to secure State funding for bridge retrofit design and construction projects. In the spring of 1991, staff developed a list of reputable bridge seismic design firms, reviewed qualifications from a short list of five of the firms, and held interviews with two of them. Subsequently, the City Council approved an agreement • with Dokken Engineering to perform the necessary consulting services. Dokken's analysis was submitted to Caltrans, and on December 30, 1991, a strategy meeting was held in Sacramento between staff, Dokken, and Caltrans officials. • i SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE (C -2804) • September 25, 1995 Page 2 Despite staffs and Dokken's efforts, we did not receive approval from Caltrans to proceed with the project until September 19, 1994, when staff received letters of eligibility to retrofit three of the City's nine bridges. Although Caltrans determined, through a series of screenings, that the bridges serving Balboa Island, Lido Isle, and Newport Island were the City's most vulnerable, they made an inadequate amount of Highway Bridge Rehabilitation and Replacement (HBRR) funding available for design and construction. On December 19, 1994, the City was notified by Caltrans of the need to perform a second seismic analysis and hold a second strategy meeting to certify funding for the three bridges. This was required because of changes that Caltrans had made in their seismic program and new developments in seismic design that had occurred since Dokken's analysis was first submitted in 1991. The City would now be required to analyze the bridges based on Caltrans' newly- adopted seismic safety criteria of "no collapse, no major damage" after a major local seismic event. Consequently, staff retained the services of Dokken to re- evaluate the • three bridges per Caltrans' new analytical methods. Dokken's re- evaluation showed that the bridges are, in fact, subject to collapse in the event of a major local seismic event. The re- evaluation was submitted to Caltrans on May 12, 1995, and a second strategy meeting was slated for June 22nd in Sacramento. After lengthy discussions at the June 22nd meeting, Caltrans agreed that the City's three bridges are indeed "subject to collapse ", and the State now characterizes our bridges as "Category 1" projects. As such, the State's HBRR account will fund 88'/:% of design and 100% of construction costs for retrofit or replacement (whichever is less) of the three bridges. INTEGRITY OF THE EXISTING BRIDGES Inasmuch as the three bridges provide essentially the sole access to three major islands, we should consider if the measure of retrofit work to be funded by Caltrans' will be sufficient to provide what the City needs; that is, the structural integrity to enable the bridges to remain in service for legal loads after a major earthquake. Caltrans' no collapse, no major damage funding criteria does not guarantee serviceable bridges after a major local seismic event. It merely provides for retrofit measures so that a bridge will not will due to peak bedrock accelerations of 0.6g that will occur during a 7.0 magnitude earthquake along the nearby Newport- Inglewood fault. • SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE (C -2804) September 25, 1995 . Page 3 Staffs concerns are for., 1. Access The three bridges provide sole vehicular access to three major residential communities and a business community. We must determine if these communities can function effectively over a period of days or weeks with limited access. 2. Utility Service The three bridges provide vital links in water, sewer, gas, electric, and communication systems that serve the island communities. We must determine if these communities can function with restricted use of such utilities over a limited period of time. Of special concern to staff is the need to provide water to the islands for suppressing the fires that will likely occur as the result of a major earthquake. All three islands have underbay water connections in addition to those on the bridges. Sewer services to Balboa Island and Newport Island are provided by underbay crossings. 3. Incremental Costs ! According to Dokken's letter of August 14, 1995, we may expect that retrofit of the three bridges under Caltrans' no collapse, no major damage criteria will total approximately $2 million, including design and construction. If the City was to request additional work to provide for serviceability of bridges after a major local seismic event, the total would approximately double to $4 million. Bridge replacement would total about $6 to 7 million, including design. Under the HBRR program, the State would fund only the $2 million cost of the basic retrofit design and construction. On the other hand, the Balboa Island, Lido Isle, and Newport Island bridges were built in 1929, 1929, and 1973, respectively. The Balboa and Lido bridges were subject to the 6.3 magnitude 1933 Long Beach earthquake. Moreover, all have also been repeatedly subjected to more distant seismic events without significant damage. Accordingly, staff feels that the bridges have proven themselves through the "test of time ". In addition, the three bridges are routinely inspected on a two -year interval, and are considered by Caltrans to be in good condition. In the early 1980s, the Balboa Island and Lido Isle bridges were totally rehabilitated and retrofitted with seismic restrainers. (The restrainer retrofit was a statewide program to tie together various structural elements of bridges so that they would not separate during a seismic event.) Due to it's design configuration, seismic restrainers were not needed on the Newport Island bridge. SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE (C -2804) • September 25, 1995 Page 4 Given the above information, staff recommends that the Lido, Balboa, and Newport bridges should be retrofitted to Caltrans' no collapse, no major damage design criteria. On September 8, 1995, the City Council -Utilities/Public Works Committee reviewed and approved the staff recommendation. PROPOSED SCHEDULE Attached is notification from Caltrans officially approving Dokken's retrofit strategy. Upon approval of the recommended action, staff will request a proposal from Dokken to provide all necessary field work and to prepare construction plans, specifications, and estimates for the project. Barring unforeseen events, staff anticipates submitting Dokken's consultant agreement to the City Council for approval by October 9th. Assuming that the consultant work will be completed and approvals obtained by May 1996, construction could begin after next summer and be completed during 1997. • Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director /A . ,,�.. Attachment: Caltrans Letter U STATE OF CALIFORNIA— BUSINESS AND TRANSPAON AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET August 23, 1995 SANTA ANA, CA 92705 Mr. Don Webb Director of Public Works City of Newport Beach 3300 Newport Blvd, Newport Beach, CA 92658 -8915 Attn: Mr. Lloyd Dalton Dear Mr. Webb: _ PETE WILSON, Gowmr i W.a 12- ORA- 0 -NPTB STPLV- 5151(002) STPLV- 5151(003) STPLV- 5151(004) The Division of Structure has reviewed and approved the strategy meeting minutes from Dokken Engineering dated June 22, 1995, for the above referenced projects. The PS &E will be reviewed by Structures Local Assistance for compliance with CALTRANS specifications and guidelines. Four sets of PS &E are required for their review. Also, the funding amounts for these projects previously . revised, are again revised as follows: Previously Revised Revised Br. No. SSC -13 Prelim. Eng. $ 34,000 $ 78,000 Right -of -Way 0 0 Construction 134,800 520.000 Total $168,800 $598,000 Br. No. SSC -14 Prelim. Eng. $ 68,000 $ 138,000 Right -of -Way 0 0 Construction 336,100 11100,000 Total $404,100 $1,238,000 Br. No. 55C -261 Prelim. Eng. $ 15,000 $ 48,000 Right -of -Way 0 0 Construction 60,300 240.000 Total $ 75,300 $288,000 • • Mr. D. Webb August 23, 1995 Page 2 The three referenced bridges were determined to meet the Category 1 criteria. Therefore, the State will fund the 11.47% matching funds for the Construction phase of these projects. Please be advised that Construction Funds will be allocated for these projects after the approval of your Right -of -Way Certifications, Environmental Exclusions, and PSBE. If you have any questions, please contact Mr. Iraj Razavi at (714) 724 -2825. CC: Vito De Bartolo, HQ GARYGOFP.NPB • Sincerely, Saied Hashemi, Chief Local Assistance Branch District 12 i • r-, THIS AGREEMENT, entered into this _ day of 1996 by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY"), and Dokken Engineering, whose address is 3054 Gold Canal Drive, Rancho Cordova, CA 95670 (hereinafter referred to as "CONSULTANT'), is made with reference J to the following: 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. The principal member of CONSULTANT is Richard A. Dokken. C. CITY desires to engage CONSULTANT to provide professional engineering services for Final Design and Construction Support for Seismic Retrofit of Balboa Island Bridge, Lido Isle Bridge, and Newport Island Bridge upon the terms and • conditions contained 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 upon the day of execution shown above and shall terminate on the completion of all services to be performed, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED CONSULTANT shall perform the tasks set forth in Exhibit A, attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT i L 1 • • CONSULTANT shall be compensated for services performed pursuant to this . Agreement in the amount and manner set forth in Exhibit B, attached hereto and incorporated herein by this reference. 4. STANDARD OF CARE All of the work shall be performed by CONSULTANT or under CONSULTANTs supervision. CONSULTANT represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by CITY nor have any contractual relationship with CITY. The CONSULTANT shall be responsible to CITY for any errors or omissions in the execution of this Agreement. CONSULTANT represents and warrants to CITY that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. CONSULTANT further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. • 5. INDEPENDENT PARTIES i CITY retains CONSULTANT on an independent contractor basis and CONSULTANT is not an employee of CITY. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with CITY will be acquired by virtue of CONSULTANTS services. None of the benefits provided by CITY to its employees including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave are available from CITY to CONSULTANT, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due CONSULTANT. Payments of the above items, if required, are the responsibility of CONSULTANT. 2 6. COOPERATION CONSULTANT agrees to work closely and cooperate fully with CITY's designated • Project Administrator and any other agencies which may have jurisdiction or interest in the work to be performed. CITY agrees to work closely and cooperate fully with CONSULTANTS designated Project Manager on the project. 7. PROJECT ADMINISTRATOR CITY's Project Administrator or his authorized representative shall represent CITY in all matters pertaining to the services to be rendered pursuant to this Agreement. The Project Administrator is Lloyd R. Dalton, P.E. of the Public Works Department. 8. PROJECTMANAGER CONSULTANTS Project Manager shall coordinate all phases of the project and shall be available to CITY at all times. The Project Manager is Richard T. Liptak, P.E. 9. TIME OF PERFORMANCE The tasks to be performed by CONSULTANT under and pursuant to this Agreement, except for construction support, shall be completed within 20 weeks from the date of execution shown above. CONSULTANT shall receive no additional compensation • if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of CITY. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 10. CITY POLICY CONSULTANT shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with the goals and policies of CITY. 11. COMPLIANCES AND APPROVALS OF WORK 3 0 0 Ll Work prepared by CONSULTANT shall comply with applicable CITY, county, state and federal ordinances, laws, rules and regulations, and shall be subject to approval of the Project Administrator. 12. PROGRESS CONSULTANT is responsible to keep the Project Administrator informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 13. HOLD HARMLESS CONSULTANT agrees to indemnify, defend, save and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury, property damages, attorneys' fees and court costs arising from any and all negligent actions of CONSULTANT, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. • CONSULTANT shall indemnify and hold harmless CITY, Its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to CONSULTANTS negligent performance of services or work conducted or performed pursuant to this Agreement. 14. INSURANCE Without limiting CONSULTANT's indemnification of CITY, CONSULTANT shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf, and must be filed with CITY prior to exercising any right or 4 • • performing any work pursuant to this Agreement. All insurance policies shall add as insured CITY, its elected officials, officers and employees for all liability arising from • CONSULTANT's services as described herein. Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY certificates of insurance with original endorsements and copies of policies, if requested by CITY, from an insurance company 1) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger), in accordance with the latest edition of Best's Key Rating Guide- Prop_e[ty- Casualty and 2) currently authorized to transact business of insurance in the State of California. The following coverages shall be provided: A. Worker's compensation insurance covering all employees and principals of CONSULTANT, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project or the general aggregate limit shall be at least twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional liability (errors and omissions) insurance in a minimum amount of $1 million per occurrence. Said policy or policies shall be endorsed to stde that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall F— -I L J 61 0 0 give to CITY prompt and timely notice of a claim made or suit instituted arising out of • CONSULTANTs operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the work. CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. 15. PROHIBITION AGAINST TRANSFERS CONSULTANT shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of CITY. Any attempt to do so without consent of CITY shall • be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no r1 L J right or interest by reason of an attempted assignment, hypothecation or transfer. 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 cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 16. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. 6 • i No report, information or other data given to or prepared or assembled by CONSULTANT pursuant to this Agreement shall be made available to any individual or • organization by CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such forms as CITY may require, furnish reports concerning the status of services required under this Agreement. 17. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by CITY. 18. RECORDS CONSULTANT shall keep records and invoices in connection with its work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. CONSULTANT shall allow a representative of CITY during normal business hours to examine, audit and make transcripts or copies of such records. CONSULTANT shall allow inspection of all work, data, documents, proceedings and activities for a period of three (3) years from the date of final payment under this • Agreement. 19. CITY'S RESPONSIBILITIES CITY shall furnish to CONSULTANT base maps, existing studies, ordinances, data and other existing information as requested by CONSULTANT, and materials in CITY's possession necessary for CONSULTANT to complete the work contemplated by this Agreement. CITY further agrees to provide all such materials in a timely manner so as not to cause delays in CONSULTANTs work schedule. 20. EXTRA WORK CONSULTANT shall receive compensation for extra work authorized by CITY in an amount as specified by the parties at the time authorization is given. Extra work shall be prior authorized in writing by the Project Administrator, and CONSULTANT shall not be entitled to extra compensation without such authorization. 11 21. REIMBURSEMENT FOR EXPENSES • CONSULTANT shall not be reimbursed for expenses unless authorized in writing by CITY. 22. MONTHLY INVOICES CONSULTANT shall submit invoices to CITY on a monthly basis in accordance with CONSULTANTS schedule of fees contained in Exhibit B hereof. Each invoice shall show the number of hours worked per classification of CONSULTANTS personnel, and the nature of the work performed. 23. PAYMENT OF COMPENSATION CITY shall make payments to CONSULTANT within thirty (30) days after receiving a monthly invoice unless CITY disputes the amount CONSULTANT claims is owed under this Agreement. 24. WITHHOLDINGS CITY may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure • to pay according to the terms of this Agreement. CONSULTANT shall not discontinue its r1 work as a result of such withholding until a period of thirty (30) days from the date of withholding has expired. CONSULTANT shall have an immediate right to appeal to the City Manager as such disputed sums. The determination of the City Manager with respect to such matters shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of ten percent (10 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 25. TEN PERCENT (10 %) WITHHOLDING CITY may withhold an amount equivalent to ten percent (10 %) of the total compensation provided herein, to be released to CONSULTANT upon completion of tasks set forth in Exhibit A. CITY reserves the right to refuse to pay all billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed as specified above. 8 10 0 26. NONDISCRIMINATION BY CONSULTANT CONSULTANT represents and agrees that CONSULTANT, its affiliates, . subsidiaries or holding companies do not and will not discriminate against any subcontractor, subconsultant, employee or applicant for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS CITY reserves the right to employ other consultants in connection with this project. 28. CONFLICTS OF INTEREST A. CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (hereinafter referred to as "the Act "), which (1) requires such persons to disclose financial interest that may be foreseeable affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in • making, decisions that will foreseeable financially affect such interest. B. If subject to the Act, CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach of contract and is grounds for termination of this Agreement by CITY. 29. SUBCONTRACTING A. CONSULTANT shall not subcontract any portion of the work required by this Agreement without prior approval of CITY. B. Subcontracts shall contain provisions making them subject to all provisions stipulated in this Agreement. 30. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or • 9 0 0 on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as provided herein. All notices, demands, requests or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 -1768 Attention: Lloyd R. Dalton, P.E. All notices, demands, requests or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Dokken Engineering 3054 Gold Canal Drive Rancho Cordova, CA 95670 -6116 Attention: Richard T. Liptak, P.E. 31. TERMINATION In the event CONSULTANT hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, CONSULTANT shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by CONSULTANT from CITY of written Notice of Default 0- specifying the nature of such default and the steps necessary to cure such default, CITY may terminate the Agreement forthwith by giving CONSULTANT written notice thereof. CITY shall have the option, at its sole discretion and without cause, of terminating this Agreement with seven (7) days' prior written notice to CONSULTANT as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 32. COST OF LITIGATION If legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. Kk TNWIIWCIV r1 LJ 10 0 0 A waiver by CITY 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. 34. 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. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY Mayor CONSULTANT By: Principal 11 J • 0 EXHIBIT A CONSULTANT's services shall be performed for the following 3 CITY -owned bridges: West Lido Channel - State Bridge No. 55C0013; Balboa Island Channel - State Bridge No. 55C0014; and Rivo Alto - State Bridge No. 55CO261. CONSULTANT's subconsultants shall be AGRA Earth & Environmental (AGRA); Abratique & Associates, Inc. (Abratique); and LSA Associates, Inc. (LSA). CONSULTANT's services shall include the following tasks: Data Collection - Obtain additional plans, reports and specifications for each bridge, if available. Abratique will obtain as -built utility plans and specifications from utility owners. Utility Coordination - Coordinate and meet with utility owners to review existing utilities and proposed bridge and utility retrofits. CITY -owned water and sewer line retrofits are covered in Task 4. Other utility retrofit designs will be coordinated with • and designed by their owners. Utility Location - Abratique will pothole all existing utilities near each end of the bridges and field survey their location and elevation. Abratique will also provide all traffic control required to perform potholing and surveying. Environmental Clearance, Permits, and Underwater Inspection - LSA will obtain CEQA/NEPA clearance and associated environmental permits and perforn the required studies, including an underwater study at Balboa Island Bridge. The environmental process will be expedited and performed concurrent with the design process. i Topography & Surveys - Abratique will survey bridge approaches and bridge decks to create a site map for retrofit plans. The channel bottom will be surveyed at Balboa Island Channel. Abratique will use CITY- provided horizontal and vertical survey controls. Permanent control points will be set at each end of the bridges for use during geotechnical investigation and construction. Abratique will provide all traffic control required to perform surveying. Bridge Field Inspections - Each structure will be field- inspected and photographed. A visual underwater inspection will be performed on Balboa Island Channel Bridge by Abratique. A brief report discussing findings will be provided to CITY. 12 Geotechnical Investigation- AGRA will perform field investigations at each bridge and prepare a foundation report for retrofit design foundation recommendations. AGRA will provide all traffic control required to perform their investigations. Task 3 RetrroTtAltemadves -A general plan will be prepared foreach bridge based upon the Caltrans- approved retrofit strategies. Based upon reviews and discussions with regulatory and approving agencies, alternative retrofit schemes, if necessary, will be prepared and presented. Agency Coordination - The proposed retrofit solution shownon the general plans will be presented to regulatory agencies. Alternatives, progress plans, and final PS &E will be submitted and discussed, and approval obtained. Agencies may include CITY, US Army Corps of Engineers, Coast Guard, Caltrans, etc. Task 4 Plans, Specirrcations and Estimate (PS &E) - Plans, specifications and estimates for each bridge will be prepared based upon the approved strategies with modifications required by approving agencies. Final plans will be on mylar sheets provided free of charge by CITY. Clarifying the PS &E and resolving errors and omissions contained in the PS &E during construction is included. Abratique will prepare the PS &E for utility retrofits (water & sewer only) and traffic handling during construction. PS &E format will be produced to the satisfaction of CITY and Caltrans. Plans will be provided to CITY for review at the 50% and 80% levels, and PS &E at 95% and 100% levels. The 50% plans will consist of all plans complete, ready for independent check. The 80% plans will consist of checked plans, ready for specifications and estimates to be completed. The 95% PS &E will be the initial • Caltrans review, and the 100% PS &E will be the final completed package. Construction Support - Construction support will be provided to CITY for the duration of the construction contract. The support will include reviewing contractor submittals (including shop drawings) and preparing contract change orders, and will be provided by telephone, FAX, mail, and field visits. "As- Built" Drawings - Based upon information provided by CITY, as -built corrections will be made upon mylar final plans at the conclusion of construction. L 13 • 0 • EXHIBIT B A. In consideration of the performance of services specified under Exhibit A of this agreement, CITY hereby agrees to compensate CONSULTANT an amount based upon the following Hourly Fee Schedule: Classification of Personnel HoudyFee Principal $95.00 - 125.00 Manager $90.00 - 105.00 Sr. Engineer /Resident Engineer $80.00 - 95.00 Professional Engineer $65.00 - 90.00 Assistant Engineer /Drafter III $55.00 - 80.00 Engineering Techician II /Drafter II $40.00 - 55.00 Engineering Techician ]/Drafter 1 $30.00 - 40.00 Staff AnalysUProgrammer $40.00 - 60.00 • Administrative /Clerical Assistant $25.00 , 45.00 Reproduction, travel,and mail costs are included in the hourly fees shown on the above Hourly Fee Schedule, and will therefore be provided at no additional cost to CITY. • Construction support is inestimable, and as such will be paid for according to the hourly fees shown on the above Hourly Fee Schedule. B. CITY agrees to compensate CONSULTANT for direct subconsultant charges by Agra Earth Sciences, Inc., not to exceed $19,700 (Nineteen Thousand Seven Hundred Dollars); by Abratique & Associates, Inc., not to exceed $83,200 (Eighty Three Thousand Two Hundred Dollars); and by LSA Associates, Inc., not to exceed $23,000 (Twenty Three Thousand Dollars) C. Total not -to- exceed fee to CONSULTANT for all items of work listed in Exhibit A. except construction support, shall be $262,900 (Two Hundred Sixty Two Thousand Nine Hundred Dollars) unless prior written authorization is provided by CITY. 14 CONSULTANT AGREEMENT 6 THIS AGREEMENT, entered into this�Q day of��, 1996 by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and Dokken Engineering, whose address is 3054 Gold Canal Drive, Rancho Cordova, CA 95670 (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the charter of CITY. B. The principal member of CONSULTANT is Richard A. Dokken. C. CITY desires to engage CONSULTANT to provicb professional engineering services for Final Design and Construction Support for Seismic Retrofit of Balboa Island Bridge, Lido Isle Bridge, and Newport Island Bridge upon the terms and conditions contained 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 upon the day of execution shown above and shall terminate on the completion of all services to be performed, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED CONSULTANT shall perform the tasks set forth in Exhibit A, attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT 1 9 0 CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit B, attached hereto and incorporated herein by this reference. 4. STANDARD OF CARE All of the work shall be performed by CONSULTANT or underCONSULTANT'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 the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by CITY nor have any contractual relationship with CITY. The CONSULTANT shall be responsible to CITY for any errors or omissions in the execution of this Agreement. CONSULTANT represents and warrants to CITY that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. CONSULTANT further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES CITY retains CONSULTANT on an independent contractor basis and CONSULTANT is not an employee of CITY. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with CITY will be acquired by virtue of CONSULTANTs services. None of the benefits provided by CITY to its employees including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave are available from CITY to CONSULTANT, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due CONSULTANT. Payments of the above items, if required, are the responsibility of CONSULTANT. 2 0 6 6. COOPERATION CONSULTANT agrees to work closely and cooperate fully with CITY's designated Project Administrator and any other agencies which may have jurisdiction or interest in the work to be performed. CITY agrees to work closely and cooperate fully with CONSULTANT's designated Project Manager on the project. 7. PROJECT ADMINISTRATOR CITY's Project Administrator or his authorized representative shall represent CITY in all matters pertaining to the services to be rendered pursuant to this Agreement. The Project Administrator is Lloyd R. Dalton, P.E. of the Public Works Department. 8. PROJECT MANAGER CONSULTANT's Project Manager shall coordinate all phases of the project and shall be available to CITY at all times. The Project Manager is Richard T. Liptak, P.E. 9. TIME OF PERFORMANCE The tasks to be performed by CONSULTANT under and pursuant to this Agreement, except for construction support, shall be completed within 20 weeks from the date of execution shown above. CONSULTANT shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of CITY. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 10. CITY POLICY CONSULTANT shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with the goals and policies of CITY. 11. COMPLIANCES AND APPROVALS OF WORK 3 Work prepared by CONSULTANT shall comply with applicable CITY, county, state and federal ordinances, laws, rules and regulations, and shall be subject to approval of the Project Administrator. 12. PROGRESS CONSULTANT is responsible to keep the Project Administrator informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 13. HOLD HARMLESS CONSULTANT agrees to indemnify, defend, save and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury, property damages, attorneys' fees and court costs arising from any and all negligent actions of CONSULTANT, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. CONSULTANT shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. 14. INSURANCE Without limiting CONSULTANT's indemnification of CITY, CONSULTANT shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf, and must be filed with CITY prior to exercising any right or 4 0 9 performing any work pursuant to this Agreement. All insurance policies shall add as insured CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY certificates of insurance with original endorsements and copies of policies, if requested by CITY, from an insurance company 1) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger), in accordance with the latest edition of Best's Key Rating Guide: Prop_ertyL-Casual and 2) currently authorized to transact business of insurance in the State of California. The following coverages shall be provided: A. Worker's compensation insurance covering all employees and principals of CONSULTANT, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project or the general aggregate limit shall be at least twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional liability (errors and omissions) insurance in a minimum amount of $1 million per occurrence. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall 61 4 0 give to CITY prompt and timely notice of a claim made or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the work. CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. 15. PROHIBITION AGAINST TRANSFERS CONSULTANT shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of CITY. Any attempt to do so without consent of CITY shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. 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 cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 16. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. 12 0 0 No report, information or other data given to or prepared or assembled by CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such forms as CITY may require, furnish reports concerning the status of services required under this Agreement. 17. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by CITY. 18. RECORDS CONSULTANT shall keep records and invoices in connection with its work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. CONSULTANT shall allow a representative of CITY during normal business hours to examine, audit and make transcripts or copies of such records. CONSULTANT shall allow inspection of all work, data, documents, proceedings and activities for a period of three (3) years from the date of final payment under this Agreement. 19. CITY'S RESPONSIBILITIES CITY shall furnish to CONSULTANT base maps, existing studies, ordinances, data and other existing information as requested by CONSULTANT, and materials in CITY's possession necessary for CONSULTANT to complete the work contemplated by this Agreement. CITY further agrees to provide all such materials in a timely manner so as not to cause delays in CONSULTANTs work schedule. 20. EXTRA WORK CONSULTANT shall receive compensation for extra work authorized by CITY in an amount as specified by the parties at the time authorization is given. Extra work shall be prior authorized in writing by the Project Administrator, and CONSULTANT shall not be entitled to extra compensation without such authorization. 0 21. REIMBURSEMENT FOR EXPENSES CONSULTANT shall not be reimbursed for expenses unless authorized in writing by CITY. 22. MONTHLY INVOICES CONSULTANT shall submit invoices to CITY on a monthly basis in accordance with CONSULTANT's schedule of fees contained in Exhibit B hereof, Each invoice shall show the number of hours worked per classification of CONSULTANT's personnel, and the nature of the work performed. 23. PAYMENT OF COMPENSATION CITY shall make payments to CONSULTANT within thirty (30) days after receiving a monthly invoice unless CITY disputes the amount CONSULTANT claims is owed under this Agreement. 24. WITHHOLDINGS CITY may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT shall not discontinue its work as a result of such withholding until a period of thirty (30) days from the date of withholding has expired. CONSULTANT shall have an immediate right to appeal to the City Manager as such disputed sums. The determination of the City Manager with respect to such matters shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of ten percent (10 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 25. TEN PERCENT (10 %) WITHHOLDING CITY may withhold an amount equivalent to ten percent (10 %) of the total compensation provided herein, to be released to CONSULTANT upon completion of tasks set forth in Exhibit A. CITY reserves the right to refuse to pay all billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed as specified above. Ll 0 9 26. NONDISCRIMINATION BY CONSULTANT CONSULTANT represents and agrees that CONSULTANT, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, subconsultant, employee or applicant for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS CITY reserves the right to employ other consultants in connection with this project. 28. CONFLICTS OF INTEREST A. CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (hereinafter referred to as "the Act "), which (1) requires such persons to disclose financial interest that may be foreseeable affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. B. If subject to the Act, CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach of contract and is grounds for termination of this Agreement by CITY. 29. SUBCONTRACTING A. CONSULTANT shall not subcontract any portion of the work required by this Agreement without prior approval of CITY. B. Subcontracts shall contain provisions making them subject to all provisions stipulated in this Agreement. 30. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or N i • on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as provided herein. All notices, demands, requests or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 -1768 Attention: Lloyd R. Dalton, P.E. All notices, demands, requests or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Dokken Engineering 3054 Gold Canal Drive Rancho Cordova, CA 95670 -6116 Attention: Richard T. Liptak, P.E. 31. TERMINATION In the event CONSULTANT hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, CONSULTANT shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by CONSULTANT from CITY of written Notice of Default specifying the nature of such default and the steps necessary to cure such default, CITY may terminate the Agreement forthwith by giving CONSULTANT written notice thereof. CITY shall have the option, at its sole discretion and without cause, of terminating this Agreement with seven (7) days' prior written notice to CONSULTANT as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 32. COST OF LITIGATION If legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 33. WAIVER 10 0 9 A waiver by CITY 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. 34. 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. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY By:_ . Mayor -�� FV 70/m, CONSULTANT By: 4Z " " _ Principal ATTEST:, f By:0 q City Clerk 11 EXHIBIT A SERVICES TO BE PERFORMED CONSULTANT's services shall be performed for the following 3 CITY -owned bridges: West Lido Channel - State Bridge No. 55C0013; Balboa Island Channel - State Bridge No. 55C0014; and Rivo Alto - State Bridge No. 55CO261. CONSULTANT's subconsultants shall be AGRA Earth & Environmental (AGRA); Abratique & Associates, Inc. (Abratique); and LSA Associates, Inc. (LSA). CONSULTANT's services shall include the following tasks: Task 1 Data Collection - Obtain additional plans, reports and specifications for each bridge, if available. Abratique will obtain as -built utility plans and specifications from utility owners. Utility Coordination - Coordinate and meet with utility owners to review existing utilities and proposed bridge and utility retrofits. CITY -owned water and sewer line retrofits are covered in Task 4. Other utility retrofit designs will be coordinated with and designed by their owners. Utility Location - Abratique will pothole all existing utilities near each end of the bridges and field survey their location and elevation. Abratique will also provide all traffic control required to perform potholing and surveying. Environmental Clearance, Permits, and Underwater Inspection - LSA will obtain CEQA/NEPA clearance and associated environmental permits and perform the required studies, including an underwater study at Balboa Island Bridge. The environmental process will be expedited and performed concurrent with the design process. Task 2 Topography & Surveys - Abratique will survey bridge approaches and bridge decks to create a site map for retrofit plans. The channel bottom will be surveyed at Balboa Island Channel. Abratique will use CITY- provided horizontal and vertical survey controls. Permanent control points will be set at each end of the bridges for use during geotechnical investigation and construction. Abratique will provide all traffic control required to perform surveying. Bridge Field Inspections - Each structure will be field- inspected and photographed. A visual underwater inspection will be performed on Balboa Island Channel Bridge by Abratique. A brief report discussing findings will be provided to CITY. 12 Geotechnica/ Investigation- AGRA will perform field investigations at each bridge and prepare a foundation report for retrofit design foundation recommendations. AGRA will provide all traffic control required to perform their investigations. Task 3 Retrrotit Alternatives - A general plan will be prepared for each bridge based upon the Caltrans- approved retrofit strategies. Based upon reviews and discussions with regulatory and approving agencies, alternative retrofit schemes, if necessary, will be prepared and presented. Agency Coordination - The proposed retrofit solution shownon the general plans will be presented to regulatory agencies. Alternatives, progress plans, and final PS &E will be submitted and discussed, and approval obtained. Agencies may include CITY, US Army Corps of Engineers, Coast Guard, Caltrans, etc. Task 4 Task Plans, Specifications and Estimate (PSBE)- Plans, specifications and estimates for each bridge will be prepared based upon the approved strategies with modifications required by approving agencies. Final plans will be on mylar sheets provided free of charge by CITY. Clarifying the PS &E and resolving errors and omissions contained in the PS &E during construction is included. Abratique will prepare the PS &E for utility retrofits (water & sewer only) and traffic handling during construction. PS &E format will be produced to the satisfaction of CITY and Caltrans. Plans will be provided to CITY for review at the 50% and 80% levels, and PS &E at 95% and 100% levels. The 50% plans will consist of all plans complete, ready for independent check. The 80% plans will consist of checked plans, ready for specifications and estimates to be completed. The 95% PS &E will be the initial Caltrans review, and the 100% PS &E will be the final completed package. Construction Support - Construction support will be provided to CITY for the duration of the construction contract. The support will include reviewing contractor submittals (including shop drawings) and preparing contract change orders, and will be provided by telephone, FAX, mail, and field visits. Task 6 "As- Built" Drawings - Based upon information provided by CITY, as -built corrections will be made upon mylar final plans at the conclusion of construction. 13 0 0 EXHIBIT B COMPENSATION TO CONSULTANT A. In consideration of the performance of services specified under Exhibit A of this agreement, CITY hereby agrees to compensate CONSULTANT an amount based upon the following Hourly Fee Schedule: Classification of Personnel Hourly Fee Principal $95.00 - 125.00 Manager $90.00 - 105.00 Sr. Engineer /Resident Engineer $80.00 - 95.00 Professional Engineer $65.00 - 90.00 Assistant Engineer /Drafter III $55.00 - 80.00 Engineering Techician II /Drafter II $40.00 - 55.00 Engineering Techician I /Drafter 1 $30.00 - 40.00 Staff Analyst/Programmer $40.00 - 60.00 Administrative /Clerical Assistant $25.00 - 45.00 Reproduction, travel,and mail costs are included in the hourly fees shown on the above Hourly Fee Schedule, and will therefore be provided at no additional cost to CITY. Construction support is inestimable, and as such will be paid for according to the hourly fees shown on the above Hourly Fee Schedule. B. CITY agrees to compensate CONSULTANT for direct subconsultant charges by Agra Earth Sciences, Inc., not to exceed $19,700 (Nineteen Thousand Seven Hundred Dollars); by Abratique & Associates, Inc., not to exceed $83,200 (Eighty Three Thousand Two Hundred Dollars); and by LSA Associates, Inc., not to exceed $23,000 (Twenty Three Thousand Dollars) C. Total not -to- exceed fee to CONSULTANT for all items of work listed in Exhibit A, except construction support, shall be $262,900 (Two Hundred Sixty Two Thousand Nine Hundred Dollars) unless prior written authorization is provided by CITY. 14 • • ! 09) c:r v THE CHY C� E CIjTY OF N roRi f w September 25, 1995 ��a 2 5 1995 CITY COUNCIL AGENDA ITEM NO. 7 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE (C -2804) RECOMMENDATIONS: 1. Endorse staffs findings that Caltrans' criteria for seismic retrofit is appropriate for City -owned bridges. 2. Authorize Staff to negotiate a consultant contract to prepare final plans and specifications. • DISCUSSION: PROJECT HISTORY In the City Council's newsletter of June 23, 1995, the Public Works Department reported on a "strategy meeting" that had been held with Caltrans officials to discuss retrofitting City -owned bridges to resist seismic forces. This report is intended to apprise the City Council of progress on the bridge retrofit project. The City's retrofit project began approximately 6 years ago when, as a result of structural deficiencies which surfaced following the Sylmar, Whittier, and Loma Prieta earthquakes, the State Senate established funds under SB 36X, SB 1742, and SB 732 for retrofitting public bridges. Due to the City's close proximity to the Newport- Inglewood fault zone and the desire to insure access to all areas of the City subsequent to a major local earthquake, the City budgeted funds during FY 1990 -91 to obtain consultant services to 1) prepare and submit a seismic analysis of the City's nine bridges to Caltrans, and 2) • to attend a "strategy" meeting with Caltrans officials. The analysis and strategy meeting are the first steps that agencies must follow if they want to secure State funding for bridge retrofit design and construction projects. In the spring of 1991, staff developed a list of reputable bridge seismic design firms, reviewed qualifications from a short list of five of the firms, and held interviews with two of them. Subsequently, the City Council approved an agreement with Dokken Engineering to perform the necessary consulting services. Dokken's analysis was submitted to Caltrans, and on December 30, 1991, a strategy meeting was held in Sacramento between staff, Dokken, and Caltrans officials. 0 • SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE (C -2804) September 25, 1995 Page 2 Despite staffs and Dokken's efforts, we did not receive approval from Caltrans to proceed with the project until September 19, 1994, when staff received letters of eligibility to retrofit three of the City's nine bridges. Although Caltrans determined, through a series of screenings, that the bridges serving Balboa Island, Lido Isle, and Newport Island were the City's most vulnerable, they made an inadequate amount of Highway Bridge Rehabilitation and Replacement (HBRR) funding available for design and construction. On December 19, 1994, the City was notified by Caltrans of the need to perform a second seismic analysis and hold a second strategy meeting to certify funding for the three bridges. This was required because of changes that Caltrans had made in their seismic program and new developments in seismic design that had occurred since Dokken's analysis was first submitted in 1991. The City would now be required to analyze the bridges based on Caltrans' newly- adopted seismic safety criteria of "no collapse, no major damage" after a major local seismic event. Consequently, staff retained the services of Dokken to re- evaluate the • three bridges per Caltrans' new analytical methods. Dokken's re- evaluation showed that the bridges are, in fact, subject to collapse in the event of a major local seismic event. The re- evaluation was submitted to Caltrans on May 12, 1995, and a second strategy meeting was slated for June 22nd in Sacramento. After lengthy discussions at the June 22nd meeting, Caltrans agreed that the City's three bridges are indeed "subject to collapse ", and the State now characterizes our bridges as "Category 1" projects. As such, the State's HBRR account will fund 88%% of design and 100% of construction costs for retrofit or replacement (whichever is less) of the three bridges. INTEGRITY OF THE EXISTING BRIDGES Inasmuch as the three bridges provide essentially the sole access to three major islands, we should consider if the measure of retrofit work to be funded by Caltrans' will be sufficient to provide what the City needs; that is, the structural integrity • to enable the bridges to remain in service for legal loads after a major earthquake. Caltrans' no collapse, no major damage funding criteria does not guarantee serviceable bridges after a major local seismic event. It merely provides for retrofit measures so that a bridge will not collapse due to peak bedrock accelerations of 0.6g that will occur during a 7.0 magnitude earthquake along the nearby Newport- Inglewood fault. 0 0 SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE (C -2804) September 25, 1995 Page 3 • Staffs concerns are for 1. Access The three bridges provide sole vehicular access to three major residential communities and a business community. We must determine if these communities can function effectively over a period of days or weeks with limited access. 2. Utili(y Service The three bridges provide vital links in water, sewer, gas, electric, and communication systems that serve the island communities. We must determine if these communities can function with restricted use of such utilities over a limited period of time. Of special concern to staff is the need to provide water to the islands for suppressing the fires that will likely occur as the result of a major earthquake. All three islands have underbay water connections in addition to • those on the bridges. Sewer services to Balboa Island and Newport Island are provided by underbay crossings. 3. Incremental Costs According to Dokken's letter of August 14, 1995, we may expect that retrofit of the three bridges under Caltrans' no collapse, no major damage criteria will total approximately $2 million, including design and construction. If the City was to request additional work to provide for serviceability of bridges after a major local seismic event, the total would approximately double to $4 million. Bridge replacement would total about $6 to 7 million, including design. Under the HBRR program, the State would fund only the $2 million cost of the basic retrofit design and construction. On the other hand, the Balboa Island, Lido Isle, and Newport Island bridges were built in 1929, 1929, and 1973, respectively. The Balboa and Lido bridges were subject to the 6.3 magnitude 1933 Long Beach earthquake. Moreover, all have also been repeatedly subjected to more distant seismic events without significant • damage. Accordingly, staff feels that the bridges have proven themselves through the "test of time ". In addition, the three bridges are routinely inspected on a two -year interval, and are considered by Caltrans to be in good condition. In the early 1980s, the Balboa Island and Lido Isle bridges were totally rehabilitated and retrofitted with seismic restrainers. (The restrainer retrofit was a statewide program to tie together various structural elements of bridges so that they would not separate during a seismic event.) Due to it's design configuration, seismic restrainers were not needed on the Newport Island bridge. 0 0 SUBJECT: SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE (C -2804) September 25, 1995 Page 4 Given the above information, staff recommends that the Lido, Balboa, and • Newport bridges should be retrofitted to Caltrans' no collapse, no major damage design criteria. On September 8, 1995, the City Council Utilities /Public Works Committee reviewed and approved the staff recommendation. -••• ,._� Attached is notification from Caltrans officially approving Dokken's retrofit strategy. Upon approval of the recommended action, staff will request a proposal from Dokken to provide all necessary field work and to prepare construction plans, specifications, and estimates for the project. Barring unforeseen events, staff anticipates submitting Dokken's consultant agreement to the City Council for approval by October 9th. Assuming that the consultant work will be completed and approvals obtained by May 1996, construction could begin after next summer and be completed during 1997. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director • �. to Attachment: Caltrans Letter • Y STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET August 23, 1995 SANTA ANA, CA 92705 • Mr. Don Webb Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Attn: Mr. Lloyd Dalton Dear Mr. Webb: PETE WILSON, Goe , z 12- ORA- 0 -NPTB STPLV- 5151(002) STPLV - 5151(003) STPLV - 5151(004) The Division of Structure has reviewed and approved the strategy meeting minutes from Dokken Engineering dated June 22, 1995, for the above referenced projects. The PS &E will be reviewed by Structures Local Assistance for compliance with CALTRANS • specifications and guidelines. Four sets of PS &E are required for their review. Also, the funding amounts for these projects previously revised, are again revised as follows: Previously Revised Revised Br. No. 55C -13 Prelim. Eng, $ 34,000 $78,000 Right -of -Way 0 0 Construction 134,800 520,000 Total $168,800 $598,000 Br. No. 55C -14 Prelim. Eng. $ 68,000 $ 138,000 Right -of -Way 0 0 Construction 336,100 1,100,000 • Total $404,100 $1,238,000 Br. No. 55C -261 Prelim. Eng. $ 15,000 $48,000 Right -of -Way 0 0 Construction 60,300 240,000 Total $ 75,300 $288,000 A 9 0 Mr. D. Webb August 23, 1995 Page 2 • The three referenced bridges were determined to meet the Category 1 criteria. Therefore, the State will fund the 11.47% matching funds for the Construction phase of these projects. Please be advised that Construction Funds will be allocated for these projects after the approval of your Right -of -Way Certifications, Environmental Exclusions, and PS&E. If you have any questions, please contact Mr. Iraj Razavi at (714) 724 -2825. CC: Vito De Bartolo, HQ GARYGOFP.NPB Sincerely, S RL • Saied Hashemi, Chief Local Assistance Branch District 12 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: July 1, 1991 (714) 644 -3005 -7,1- %/ SUBJECT: Contract No. C -2804 Description of Contract Preliminary Bridge Seismic Safety Study Effective date of Contract June 25, 1991 Authorized by Minute Action, approved on June 24, 1991 Contract with Dokken Address 3221 Ramos Circle Sacramento, CA 95827 Amount of Contract (See Agreement) ZZ" 4f Le Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach � • • • • THE !UN 2 4 10P TO: City Council FROM: Public Works Department June 24, 1991 CITY COUNCIL AGENDA ITEM NO. F -3(a) SUBJECT: PRELIMINARY BRIDGE SEISMIC SAFETY STUDY (C -2804) RECOMMENDATION: Approve an Engineering Agreement and authorize the Mayor and the City Clerk to execute the agreement. The current budget contains a $65,000 appropriation for a seismic study of the City's 9 vehicular bridges and the Goldenrod Avenue pedestrian bridge. The study is needed to ascertain the reliability of these bridges in the event of a maximum credible earthquake with local epicenter. If certain of our bridges prove by analysis to be deficient, they would be strengthened pursuant to the State Legislature's "Local Seismic Safety Retrofit Program." Cooperative State funding may be made available for the design and construction of multi - column bent seismic retrofit projects at some later date; however, current appropriations have been designated for single column bent structures only. The City's bridges are all supported by multi - column bents. It is Staff's desire to advance City funds toward the completion of a preliminary bridge analysis and, if necessary, design for seismic retrofit. Then, when appropriations are approved by the State, the City may be among the first local agencies to apply for cooperative funding. Accordingly, Staff has 1) requested and examined Statements of Qualifications and Interest from six structural engineering firms recommended by the Department of Transportation (Caltrans); 2) hosted oral interviews for two Sacramento -based firms which appeared to be best qualified for the work; 3) requested and examined engineering proposals from those two firms; and 4) selected the firm of Dokken Engineering for the project. Dokken's first item of work is to locate and analyze a considerable amount of existing geotechnical data from the vicinity of each bridge. Dokken proposes to use the local firm of Moore & Taber to provide review of existing soils 1� U Subject: Preliminary Bridge Seismic Safety Study (C -2804) June 24, 1991 Page 2 data, field exploration, laboratory tests, and geotechnical parameters that will be used in seismic analysis and designs for the bridges. Then, Dokken's staff may begin the iterative process of engineering analysis at each bridge. Dokken's proposal also includes consulting with Caltrans personnel and with City staff; preparing and revising a preliminary report which will identify those bridges which may require seismic retrofit; conducting a Seismic Strategy meeting with City and Caltrans staff to determine how final design work will proceed; and finally, preparing a Findings Report for submittal to the City and to Caltrans. The Findings Report will contain narrative and schematic detail for each bridge; calculations for each analysis under seismic loading; maintenance reports and visual findings; and summaries of findings. The summaries will include recommendations as to whether or not each bridge (including approaches) is considered adequate under maximum credible seismic loading, or whether further soils and structural analysis is required in order to • make such a determination. Dokken's fees will be billed at hourly rates, with aggregate billings not to exceed $64,981 as shown on the attached Cost Proposal. Their work is to be completed by October 15, 1991. Benjamin B. Nolan Public Works Director LD:so Attachment .. ., i C -2 THIS AGREEMENT, entered into this Z-LA day of 1991, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter refereed to as "City "), and Dokken Engineering whose address is 3221 Ramos Circle, Sacramento, CA 95827 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the charter of City. B. The principal contact with Consultant is Richard A. Dokken, P.E. C. City desires to engage Consultant to provide BRIDGE SEISMIC SAFETY STUDY upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The Term of this Agreement shall commence on the day of execution shown above and shall terminate upon the completion of all services to be performed unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. 4. STANDARD OF CARE All of the work shall be performed by Consultant or under I f • 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 the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated project administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on the K, 0 project. 7. PROJECT ADMINISTRATOR 0 City's Project Administrator or his authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. The P r o j e c t o r Administrator is Lloyd R. Dalton, P.E. of the Public Works Department. 8. PROJECT MANAGER Consultant's Project Manager shall coordinate all phases of the project and shall be available to City at all times. The Consultant has designated Richard T. Liptak, P.E. to be its Project Manager. 9. TIME OF PERFORMANCE The task to be performed by Consultant under and pursuant to this Agreement shall be completed by October 15, 1991. Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 10. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with the goals and policies of City. 11. COMPLIANCES AND APPROVALS OF WORK Work prepared by Consultant shall conply with applicable city, county, state and federal ordiances, laws, rules and regulations, and shall be subject to approval of the Project Administrator. 12. PROGRESS Consultant is responsible to keep the Project Administrator informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that 3 have been scheduled or are desired. 13. HOLD HARMLESS Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to this Agreement. Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 14. Without limiting Consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the City, it selected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements and copies of policies, if requested by City, from an insurance company 1) assigned a Policyholders' Rating B (or 4 • 0 i • higher) and 2) certified to do business in the State of California, providing the following coverages: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including wilabeub - limitation, contractual liability in a minimum amount of $1 million combined single limit per occurrence fos bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be at least twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional liability (errors and omissions) insurance in a minimum amount of $1 million. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its 5 0 0 insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 15. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecatee or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. 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 cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (508) or more of the voting power, or twenty -five percent (258) or more of the assets of the corporation, partnership or joint venture. 16. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. N 0 0 17. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by City. 18. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities for a period of three (3) years from the date of final payment under this Agreement. 19. CITY'S RESPONSIBILITIES City shall furnish to Consultant base maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant, and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 20. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in an amount as specified by the parties at the time authorization is given. Extra work shall be prior authorized in writing by the Project Administrator, and Consultant shall not be entitled to extra compensation without such authorization. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit 7 0 0 "B" hereof. Each invoice shall show the number of hours worked per classification of consultant's personnel, and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days after receiving a monthly invoice unless City disputes the amount Consultant claims is owed under this Agreement. 24. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue its work as a result of such withholding until a period of thirty (30) days from the date of withholding has expired. Consultant shall have an immediate right to appeal to the City Manager as such disputed sums. The determination of the City Manager with respect to such matters shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of ten percent (10 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 25. TEN PERCENT (10 %) WITHHOLDING City may withhold an amount equivalent to ten percent (10 %) of the total compensation provided herein, to be released to Consultant upon completion of tasks set forth in Exhibit "A ". City reserves the right to refuse to pay all billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed as specified above. 26. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, subconsultant, employee or applicant for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, 8 0 termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 28. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (hereinafter referred to as "the Act"), which (1) requires such persons to disclose financial interest that may be foreseeable affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach of contract and is grounds for termination of this Agreement by the City. 29. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement without prior approval of City, except as expressly stated herein. B. Subcontracts shall contain a provision making them subject to all provisions stipulated in this Agreement. 30. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 9 Attention: Lloyd R. Dalton, P.E. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Dokken Engineering 3221 Ramos Circle Sacramento, CA 95827 Attention: Richard Liptak, P.E. 31. In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Consultant from City of written Notice of Default specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement with seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 32. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 33. WAIVER A waver by City 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. 34. INTEGRATED CONTRACT 10 0 • This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. • , P;J e �: .., 41 prM VAJ a r shsum \aq\P-consultent CITY CONSULTANT I w4mm, g - 11 i 0 EXHIBIT "A" SERVICES TO BE PERFORMED 1. Collecting and examining plans and specifications for bridges and for utilities contained within said bridges. Plans and specifications for bridges are to be provided to consultant free of charge by City. Plans and specifications for utilities are to be obtained by Consultant at Consultant's expense. 2. Retaining the services of Moore & Taber as geotechnical subconsultant to research, collect, examine and recommend upon geotechnical parameters to use for preliminary analysis at each bridge site. 3. Performing preliminary seismic analysis upon each bridge as necessary to determine if further detailed seismic analysis must be performed. 4. Preparing a "Preliminary Findings Report" which will identify the weak links and failure modes of each bridge. 5. Meeting with City and meeting with City and Caltrans in a Strategy Meeting to prioritize and finalize strategy for structures requiring retrofit. i EXHIBIT "B" COMPENSATION TO ENGINEER 1. CITY shall compensate ENGINEER for Services to be Performed at the following hourly rates: Classification of Personnel Hourly Rate Principal $106.12 Senior Engineer $ 95.51 Engineer $ 79.59 Drafting /Tech $ 63.67 2. In addition, CITY shall compensate ENGINEER for direct charges by Moore & Taber Geotechnical Consultants not to exceed six thousand three hundred dollars ($6,300.00) and for reproduction and travel not to exceed one thousand five hundred dollars ($1,500.00). 3. Total compensation to ENGINEER for all items of work listed in Services to be Performed shall not exceed sixty -five thousand dollars ($65,000.00). 4. CITY shall remit compensation to ENGINEER within 30 calendar days subsequent to receipt of ENGINEER'S invoice for completed services. r e ELY INSURANCE BROKERAGE NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 510 — 8TH STREET ------------------------------------------ -...... °....................... SACRAMENTO, CA 95814 -1206 I COMPANIES AFFORDING COVERAGE PwoNE916- 447 -7688 - ----• ............. .° .................... ................... INSURED COMPANY LETTER A FIREMANS FUND INSURANCE CO _ __________________________ _______________________________ DORREN ENGINEERING COMPANY LETTER B DICK DORREN 3221 RAMOS CIRCLE COMPANY LETTER C SACRAMENTO, CA 95827 I COMPANY LETTER D ................ COMPANY LETTER E > COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .................................................................................................. ............................... LTRI TYPE OF INSURANCE I POLICY NUMBER I POLICY EFF I POLICY EXP I ALL LIMITS IN THOUSANDS DA DATE --- I -------------------------------- I.-__-----_----..---.---.---- I -------------- I -------------- I--------------------------------- GENERAL LIABILITY I 1 COMMERCIAL GEN LIABILITY 11 11 CLAIMS MADE 1 1 OCC. I 1 OWNER'S & CONTRACTORS PROTECTIVE I1 I1 _ ________ ____ ______ ____ _____ ____ AUTOMOBILE LIAB I 1 ANY AUTO I 1 ALL OWNED AUTOS I I SCHEDULED AUTOS !, I 1 HIRED AUTOS I 1 NOW-OWNED AUTOS I 1 GARAGE LIABILITY I1 I...... ........................ EXCESS LIABILITY I I UMBRELLA FORM [ ) OTHER THAN UMBRELLA FORM Al WORKERS' COMP AND AIEMPLOYERS, LIAB -------------------------------- I OTHER ............................ .. .. ..... .... ............................ I -------- - - - - -- WP80470724 107/01/90 07/01/91 GENERAL AGGREGATE _____________________ PRODS - COMP /OPS AGG. _____________________ PERS. & ADVG. INJURY _______ __ ________ _ ___ EACH OCCURRENCE ___________ __________ FIRE DAMAGE (ANY ONE FIRE) __ ________ _____ _ _ _ ___ MEDICAL EXPENSE (ANY ONE PERSON) _ ___ ____ _____________ CSL --------------- ---- -- BODILY INJURY (PER PERSON) ..................... BODILY INJURY (PER ACCIDENT) .. ................... PROPERTY .. ............................... EACH OCC AGGREGATE STATUTORY 1000 EACH ACC 1000 DISEASE - POLICY LIMIT 1000 DISEASE-EACH EMPLOYEE .. ............................... DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS > CERTIFICATE HOLDER <_ ______________________________> CANCELLATION = SHOULD ANY OF THE ABOVE DES POLICIES E CANCELLED BEFORE THE EX- CITY OF NEWPORT BEACH = PIRATION DATE THEREOF, ISSUING COMPANY ILL ENDEAVOR TO MAIL 30 ATTN: LLOYD DALTON = DAYS WRITTEN NOTICE THE CERTIFICATE XOL R NAMED TO THE LEFT, BUT P.O. BOX 1768 = FAILURE TO MAIL H NOTICE SHALL IMPOSE OBLIGATION OR LIABILITY OF NEWPORT BEACH) CA = ANY KIND UPON E COMPANY, ITS AGENTS 0 REPRESENTATIVES. 92659-1768 = - - -- --------- ------ --- - ---------------------------------- = AUTHORIZE EPRESENTATIVE ELY INSURANCE BROKERAGE NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 510 — 8TH STREET — --------°-------- ------------------------------- ---------------------- — SACRAMENTO, CA 95814 -1206 COMPANIES AFFORDING COVERAGE PHONE916- 447 -7688 I ------------------------------- --------------------- INSURED ------------------------------ ----- --------- -- - -- ---- ----- ---- ------ - - - - -- COMPANY LETTER A CONTINENTAL NATIONAL AMERICAN DOKKEN ENGINEERING COMPANY LETTER B .......................... DICK DOKKEN 3221 RAMOS CIRCLE COMPANY LETTER C SACRAMENTO, CA I 95827 COMPANY LETTER D COMPANY LETTER E > COVERAGES <___________ :___===== a === =_____ ____ _ _ _ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ............................................................................................... ............................... LTRI TYPE OF INSURANCE I POLICY NUMBER I POLICY DATEEFF I POLICY EXP I ALL LIMITS IN THOUSANDS DATE ... ............................ ..'............................ I.............. I - - - - - -. ----- I - - - - -- ---------------------- IGENERAL LIABILITY I I COMMERCIAL GEN LIABILITY 1 3 1 3 CLAIMS MADE 1 3 OCC. 1 I OWNER'S & CONTRACTORS PROTECTIVE 13 II ___ _ _______________________________ AUTOMOBILE LIAB 1 I ANY AUTO 1 I ALL OWNED AUTOS 1 1 SCHEDULED AUTOS E I HIRED AUTOS 1 3 NON -OWNED AUTOS 1 3 GARAGE LIABILITY 13 ... ................................ EXCESS LIABILITY 1 I UMBRELLA FORM - -- - -1 I OTHER THAN UMBRELLA .FORM WORKERS' COMP AND EMPLOYERS' LIAB -I -------------------------------- AIOTHER ERRORS is OMISSIONS AAE398 -72 -26 I.............. I .............. - ------- - -- --- 103/13/91 GENERAL AGGREGATE ______________ __________ PRODS - COMP /OPS AGG. _ .PER.. & I ..... ......-- .__ - - - - -_ EACH OCCURRENCE _______________ __ _________ FIRE DAMAGE (ANY ONE FIRE) _________________ ____ _____ _ ___ __ MEDICAL EXPENSE (ANY ONE PERSON) _______ ____ __________ ___________ CSL --------- ------------ -- --- - - ---- BODILY INJURY (PER PERSON) ____________ __ _ __ __ __ _______ BODILY INJURY (PER ACCIDENT) _______________ _ _____ PROPERTY EACH DCC I AGGREGATE -- ------ --- -- --- ------ STATUTORY I --------------I---------- 103/13/92I -------------------------•___________________---------•-----___________-_-__--------- DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS EACH ACC DISEASE - POLICY LIMIT DISEASE-EACH EMPLOYEE STOOD AGGREGATE > CERTIFICATE HOLDER <_ ______________________________> CANCELLATION ____ ____________ = SHOULD ANY OF THE ABOV SCRIBED POLICIES E CANCELLED BEFORE THE EX- CITY OF NEWPORT BEACH = PIRATION DATE THERE , THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 ATTN: LLOYD DALTON = DAYS WRITTEN NOT TO THE CERTIFICATE N DER NAMED TO THE LEFT, BUT P.O . BOX 17 68 = FAILURE Xt UCH NOTICE SHAL L IMPOS NO OBLI CATf ON OR LIABILITY OF NEWPORT BEACH, CA = ANY KIND COMPANY, ITS AGENTS R REPRESENTATIVES. 9 2 659— 17 68 =- -- ---------- --- - - - - -- ------ ------ -------------- = AUTHORI REPRESENTATIVE ELY INSURANCE BROKERAGE NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 510 — 8TH STREET ------ SACRAMENTO, CA 95814 -1206 I COMPANIES AFFORDING COVERAGE PHoNE916 -447 -7 688 ...... INSURED COMPANY LETTER A MARYLAND CASUALTY DOKKEN ENGINEERING COMPANY LETTER B DICKDOKKEN --------------------------------------------•-----------••----------------- 3221 RAMOS CIRCLE COMPANY LETTER C SACRAMENTO, CA 95827 I COMPANY LETTER D I--- ---------------------------------------------------------- COMPANY LETTER E > COVERAGES <___== === o = = = =_ a== =__ _____________________ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ---------------------------- _______________________________ .................................... __. _.................. _...... _..._ LTRI TYPE OF INSURANCE I POLICY NUMBER I POLICY EFF I POLICY EXP I ALL LIMITS IN THOUSANDS DA GENERAL LIABILITY Al NJ COMMERCIAL GEN LIABILITY 13 I 1 CLAIMS MADE 01 OCC. NI OWNER'S & CONTRACTORS PROTECTIVE I3 I3 --- ......-•---•------------ - ------ AUTOMOBILE LIAB I I ANY AUTO A NI ALL OWNED AUTOS I 1 SCHEDULED AUTOS 1 N1 HIRED AUTOS NJ NON -OWNED AUTOS 1 I 1 GARAGE LIABILITY II EXCESS LIABILITY 1 I 1 UMBRELLA FORM I 1 OTHER THAN UMBRELLA FORM --' ---------------- •-----------•--- 1 WORKERS# COMP AND EMPLOYERS' LIAB ... ......... ................. OTHER EPA11328946 ECA11329233 10/15/90 10/15/90 ____________ [GEWERAL-AGGREGATE ______ __- ._______..__ 12000 l0 /1$/91 PRODS-COMP /OPS AGG. 12000 PERS. 8 ADVG. INJURY 1000 ----------- EACH OCCURRENCE 1000 1 FIRE DAMAGE-------- -1___. 1 (ANY ONE FIRE)___...15 0__ -• - - -_ 1 MEDICAL EXPENSE (ANY ONE PERSON) 15 ----------- CSL 11000 10/15/91 BODILY INJURY (PER PERSON) ______________ _____ ______ 1 (PERLACCIDENT) 1 _________ ______ _____ _ _ _ __ PROPERTY EACH OCC j AGGREGATE i .............. ................................ STATUTORY EACH ACC DISEASE-POLICY LIMIT -- DISEASE-EACH EMPLOYEE ______ _ _____ -- ---------------- -- ------ ---- ------- -- ---- ------- ------ -------------------- -------- --- ---------- --------- --- --- --- ---- - ---- DESCRIPTION OF OPERAT IONS /LOCATIONS /VEHICLES /SPECIAL ITEMS CONTRACT C -2804 BRIDGE SEISMIC REPORT — SEE ATTACHED GENERAL LIABILITY AND AUTO LIABILITY INSURANCE ENDORSEMENTS. > CERTIFICATE HOLDER <____ -:__ ______________________> CANCELLATION _ ____— ____ _________________:_____ = SHOULD ANY OF THE ABOVE RIBED POLICIES B CANCELLED BEFORE THE EX- CITY OF NEWPORT BEACH = PIRATION DATE THEREOF HE ISSUING COMPANY LL ENDEAVOR TO MAIL 30 ATTN: LLOYD DALTON = DAYS WRITTEN NOTIC 0 THE CERTIFICATE 'OLDER NAMED TO THE LEFT, BUT P.O. BOX 1768 = FAILURE TO MAI CH NOTICE SHALL IMPOSE OBLIGATION OR LIABILITY OF NEWPORT BEACH, CA = ANY KIND UP HE COMPANY, ITS AGENTS 0 EPRESENTATIVES. 92659 7 — 1 68 . ........... ......................... --- ---------- -- ------ = AUTHORI 00 REPRESENTATIVE CITY W NEWPORT BEACH GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that; Page 14 1. With respect to such insurance as is afforded by the Policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designatad helowXdl` Xa0ilf3( 1d�GD(lii+i)1(9t0iittsXt(iXXiXd( insurance arfarded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the Policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the farms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification dr hold harmless provision con. tained in the written contract designated below, between the named insured and the City of Newport Beach. 4. KiEIE3IilEll` 9C. Y$ C76({ SGXfipXdM( 78] tXa7CtiEXd�X9P7Q9t9( 1! X' hlT�Xnp7Yf•. tYY1fiA'6(Y1F114�.+4pWYXTfXApYY S. The limits of liability under this ebdorsemeat for the additional insured(s) named in Paragraph 1. of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (X) Cacanercial ( ) Comprehensive General Liability S 1,000,000. each occurrence S 2,000,000. aggregate The aoplicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insurea(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy is applicable to General Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, l Issuing Company shall provide 30 clays, advance notice tj the City of Newport Beach #Wg7€MYP " Attention: Public Works Department. BY MAIhRIDGE SEISMIC REPORT C -2804 1. Designated Contract: (Project Title and ntract No. This endorsement is affective 6/19/91 at 12:01 A.M. and fortes a part of Policy No. EPA11328946 of MARYLAND CASUALTY POUR Insured DOKKEN ENGINEERING _ Endorsement Producer ELY INSURANCE BROKERAGE By *IN THE CASE OF NON— PAYMENT OF PR WUM, ONLY WILL BE GIVEN. a ' page 13 CITY OF NfiWPORT BFACN A)IIOMOBILE LIABILITY INSONANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance is is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automgbi Its (or molds) used by ,g= ct jOXj(ij( the named insured in connection with the contra designated below. The a extanded by this endorsement to Said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insura4(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this Policy. 2. The policy includes the following provision: 'The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage.' 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement Shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) Multiple limits Bodily Injury Liability S __per person Bodily Injury Liability S per accident Property Damage Liability T X) Combined Single Limit Bodily Injury Liability and 1,000,000. Property Damage Liability 5 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as aDpiicabla to Automobile Liability Insurance, 4. Should the policy be non - renewed, cancelled or, coverage reduced before the expiration date thereof, ,���(l;;��,,``I��s��sui���nyy Ca��nppa�n_yy shall provide 30 days- advance notice to the City of Newport Beach 4W02=0 0 Attention: Public Works Department. #* S. Designated Contract: "BRIDGE SEISMIC REP ro3ett Tit a andf Contract I This endorsement is effective 6/19/91 at 12:01 A.N. and forms a Policy No. ECA11329233 of MARYLAND CASUALTY COMPAN (Company Afrording Cavern Insured DOKKEN ENGINEERING Endorsement No Producer ELY INSURANCE BROKERAGE By *'IN THE CASE OF NON— PAYMENT OF NOTICE WILL BE GIVEN.