HomeMy WebLinkAboutC-2997 - Design of Balboa Island Street Light ReplacementCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
T0: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: April 7, 1994
(714) 644 -3005
SUBJECT: Contract No. C -2997
Description of Contract Design of Balboa Island Street Light
Replacement Project
Effective date of Contract March 2$ 1994
Authorized by Minute Action, approved on March 28 1994
Contract with Willdan Associates
Address 12900 Crossroads Parkway Suite 200
Industry CA 91746 -3499
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
V
March 28, 1994
_ CITY COUNCIL AGENDA
ITEM NO. S
TO: Mayor & Members of the City Council
FROM: Utilities Department
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF
THE BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT
PREPARATION OF PLANS & SPECIFICATIONS
BY WILLDAN ASSOCIATES
RECOMMENDATION:
If desired, authorize the Mayor and the City Clerk to execute
a Professional Services Agreement on behalf of the City, with
Willdan Associates, to prepare detailed Plans and
Specifications for construction of the Balboa Island Street
Light Replacement Project for a fee not -to- exceed $41,651.
DISCUSSION:
The street lights on Balboa Island are slated for replacement under
the City's fifteen -year street light replacement program. The program goal is to
convert the obsolete 5000 volt series street light circuits throughout the City,
thereby saving energy, and to replace aging facilities and reduce maintenance
costs. The established program will replace the most aged and maintenance
intensive areas on a priority basis.
Street lights will be replaced with conventional 240 volt high
pressure sodium street lights. These will provide a more maintenance free and
cost effective street light system.
The Balboa Island Street Light Replacement is the this year's
capital replacement project. The proposed project will replace 160
incandescent lights and more than 30,000 feet of obsolete electrical conduit
and wiring.
To implement the proposed project, the City requires the services
of an engineering firm to prepare plans and specifications for replacement of
street lights, installation of electrical conduit and for setting four new electrical
service pedestals.
To implement the project design, staff solicited proposals for
professional services from four qualified engineering firms. Firms were invited
to propose based on their previous letters of interest and submitted statements
of qualification. The firms were: Willdan Associates, M. A. Francis &
Associates, CALTROP Engineers, and RWR Pascoe. Three out of the four firms
submitted proposals.
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Page 2
Professional Services Agreement for Design of the
Balboa Island Street Light Replacement Project
March 28, 1994
The Utilities Department selection committee chose Willdan
Associates to perform the required professional services. Willdan Associates
has a qualified staff capable of performing the services required. The firm
has successfully completed projects of this nature for other agencies
throughout Southern California. Their proposal was superior to the other
two proposing firms.
The proposed professional services agreement with Willdan
Associates provides for preparation of construction plans and specifications,
including written special provisions and documents suitable for bidding and
construction of the Balboa Island Street Light Replacement Project.
If approved, the design effort could commence almost
immediately. The timing for this project calls for completion of the design
by the end April to allow for construction of the project beginning in June.
Funds are available for this design contract in the General Fund,
Capital Projects Account No. 7013- 98321002. Staff recommends approval.
Respectfully submitted,
—36FF STQNa,Rr
Jeff Staneart, P.E.
Utilities Director
MJS:sdi
Attachments: Professional Services Agreement
i
HGZEEMENT
PROFESSIONAL SERVICES FOR THE
DESIGN OF THE
BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT
THIS AGREEMENT is made and entered into this
day of
March, 1994, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and Willdan Associates, a California Corporation,
hereinafter referred to as "CONSULTANT ".
WITHESSETH:
WHEREAS, The "CITY ", is an owner and operator of numerous street lights across
many areas within the City of Newport Beach, and;
WHEREAS, "CITY ", has a long -term capital improvement program for the
refurbishment, replacement, and upgrading of the existing obsolete street lights and
appurtenant equipment, and;
WHEREAS, "CITY" and its Council desire to complete the long -term capital
improvement program as fast as is practical, and;
WHEREAS, "CITY" has previously funded the capital improvement program
from the general fund in amounts to accomplish the desired replacements on a 15 -year
program track, and;
WHEREAS, "CITY" desires to continue the 15 -year program by preparing design
plans for the Balboa Island Street Light Replacement Project, hereinafter referred to as
the "PROJECT ", and;
WHEREAS, Implementation of the design of the "PROJECT" requires the services
of a qualified engineering design consultant, and;
WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT"
for preparation of the "PROJECT" design and to provide certain other essential
professional services, as outlined herein below, and;
WHEREAS, "CITY" has reviewed and evaluated the previous experience and
expertise of "CONSULTANT" and desires to accept the "CONSULTANTS" proposal,
and;
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NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
I. GENERAL
A. "CITY' engages "CONSULTANT' to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT' agrees to perform the described services in accord with the terms
and conditions hereinafter set forth.
C. "CONSULTANT' agrees and represents that all required services thereunder will be
performed under his direct supervision, and all personnel engaged in the work are
fully qualified and are authorized or permitted under State and local law to perform
such services. "CONSULTANT" shall not subcontract, transfer or assign any work
except as otherwise allowed by this agreement or as authorized in advance by the
"CITY".
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the necessary services to complete the defined tasks
associated with the "PROJECT ". Those tasks include the following:
Project Initiation
Meet with City staff to review in detail and to discuss specific issues
related to the 'PROJECT ". "CITY' will provide the information as
described in Section III of this agreement
Data Collection
Review and compile provided City Plan information as required to
assemble base maps necessary to complete design plans. Contact all
utility companies within the project area and request location of
existing facilities.
3. Field Investigation
Conduct field review of the entire project limits to verify the accuracy
and adequacy of existing street lighting data as provided by the "CITY'.
Field review shall also include examination of the conditions of existing
pole foundations and conduit for use with the proposed 'PROJECT'
lighting system.
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4. Preliminary Plan Preparation
Prepare preliminary plans and specifications for the "CITY' to review.
Project plans shall include one (1) title sheet showing vicinity and key
map, seven (7) plan sheets at a scale of one inch equal to forty feet, and
two (2) detail sheets. Plan sheets will depict existing street lights and
conduit circuit, proposed street light locations and conduit circuit and
new service pedestal locations.
All project plans shall be prepared using Autocadd, Release 12, with
layering convention according to "CITY' requests.
5. Service Point Coordination
Coordinate new service pedestal location with "CITY' staff and
representatives from the Southern California Edison Company.
6. Specifications and Estimates
Preliminary specifications shall be included in the preliminary plan
submittal to the "CITY'. As a minimum, the preliminary specification
shall include an outline of specifications sections. Final specifications
shall be prepared in accord with the "CITY' design criteria and with the
other directed requirements from "CITY' staff.
Prepare a construction cost estimate for the entire project identifying
item, quantity, unit price, and total amount for each item of work
identified in the bid proposal.
7. Final Plans and Specifications
Prepare final plans and specifications upon receipt of comments
received from the "CITY'. Provide "camera ready" contract documents
so as to allow for "CITY' reproduction for advertising and bidding.
8. Construction Assistance
Provide assistance during the advertising, bidding and construction on
an as- needed basis as required.
9. 'Record Drawing" Preparation
Prepare 'Record Drawings" based on construction changes provided by
the "CITY'.
III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of his responsibilities under
this Agreement, "CITY" agrees to provide the following:
A. Provide any background information, reports, contracts, specifications,
proposals or agreements as may be available or are in existence, which may
be germane to the proper preparation and completion of the
"CONSULTANT's" defined duties.
B. Assist "CONSULTANT" with interpretation of "CITY" standards and design
criteria. Meet with "CONSULTANT" as necessary to provide input or
direction on matters pertaining to completion of specifications and final
construction plans.
C. Review plans, specifications and other documentation provided by
"CONSULTANT" relative to "PROJECT" in a timely fashion.
D. Act as the Project Manager and provide construction contract administration
and field inspection on the proposed project, once designed and awarded for
construction.
IV. TIME OF COMPLETION AND LIQUIDATED DAMAGES
"CONSULTANT" shall commence work immediately upon receipt of written
notice to proceed. Work as required herein, shall be completed in a diligent and
efficient manner to the execution of its completion. All work, with the exception
of the construction phase services required to advertise for construction shall be
completed no later than April 29,1994. It is mutually agreed by
"CONSULTANT" and "CITY" that liquidated damages of three hundred dollars
($300.00) per calendar day shall be assessed "CONSULTANT" for delays beyond
the above specified completion date. Said damages shall be deducted from the
"CONSULTANT's" fee.
The term of this Agreement shall expire thirty (30) calendar days after the date the
"PROJECT" is completed and accepted by "CITY ". It is agreed and understood by
both parties, that this is sufficient time to complete all such activities and tasks
associated with the 'PROJECT ", including "as -built drawing" preparation.
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V. OWNERSHIP OF DOCUMENTS
Original drawings and other deliverable documents to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property of
"CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. However, any use of completed deliverables or
documents for purposes other than for this "PROJECT ", or any use of
incomplete documents, shall be at "CITY'S" sole risk, and "CITY" shall indemnify
"CONSULTANT" for any damages incurred as a result of such use. No report,
drawing, map, document 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 written approval
by "CITY ", unless required by subpoena.
"CONSULTANT" may reserve the right to publish materials or reports related to
the work performed or data collected under the provisions of this Agreement.
The right to publish shall be at the sole discretion of the "CITY" and written
permission must be obtained by "CONSULTANT" from "CITY" on a case by case
basis. Blanket publishing approval shall not be granted.
"CONSULTANT" is granted permission to show to prospective clients reports
and data which have been accepted by "CITY" as prepared under this
Agreement.
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement without cause at any
time by giving "CONSULTANT" five (5) business days prior written notice.
Notice shall be deemed served when delivered personally or upon deposit in
the United States mail, postage prepaid, addressed to the "CONSULTANT'S"
business office at 12900 Crossroads Parkway, Suite 200, Industry, California
91746 -3499.
B. "CONSULTANT" may terminate this Agreement after ten (10) days' written
notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial
failure to perform in accord with the terms of this Agreement, if , the "CITY"
has not corrected it's non - performance within that time.
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY" shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT ". If this Agreement is
terminated for any other reason, "CITY" agrees to compensate
"CONSULTANT" for the actual services performed up to the effective date of
the "Notice of Termination ", on the basis of the fee schedule contained
herein.
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VII. SUBCONTRACTORS AND ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY ".
B. Neither "CONSULTANT" nor "CITY' shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written consent
of the other party; provided, however, that claims for money due or to become due
"CONSULTANT" from "CITY' under this Agreement may be assigned to a bank,
trust company or other financial institution, or to a trustee in bankruptcy, without
such approval. Notice of any such assignment or transfer shall be promptly
furnished to "CITY'.
VIII. PAYMENT AND FEE SCHEDULE
A. In consideration for the specified services, "CITY' hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth below in the 'PAYMENT & FEE
SCHEDULE ". In no event shall said amount be greater than the amount of forty one
thousand six hundred and fifty one dollars ($41,651), inclusive of the subcontract
services defined herein, except as otherwise provided for herein below.
B. PAYMENT AND FEE SCHEDULE
personnel
Project Director ......
Quality Assurance.
Project Manager.....
Design Engineer ....
Technical Support .
Utility Coordinator
Clerical ....................
hourly rates
$113.00
92.00
76.00
74.00
55.00
92.00
40.00
C. The contract amount shall be paid to "CONSULTANT" in monthly partial
payments based on the amount of hours worked and expenses incurred during
each monthly pay period based on the actual hours of labor expended as
determined by the Project Manager for "CITY'. The sum of the partial payments
shall not exceed ninety percent (90 %) of the maximum fee as set forth in
paragraph "A" herein above. The balance of the total amount earned shall be paid
upon completion of the work specified herein.
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D. In addition to the fixed, not -to- exceed fee, "CITY" agrees to reimburse
"CONSULTANT" for the actual cost (plus 10 %) for all outside expenses including
those for material costs authorized in advance by the Project Engineer for "CITY ",
and other reasonable expenses, where such costs have been advanced by
"CONSULTANT" and approved in advance by "CITY ". The "CITY" will provide
for reproduction for the preliminary and final contract documents for the
"PROJECT ".
1. "CONSULTANT" shall provide written records (originals) of all expenses
incurred, and shall report all hours expended in the performance of his duties
and tasks on a bi- weekly basis. "CITY" agrees to pay "CONSULTANT" within
thirty (30) calendar days of the receipt of said records and hourly summary.
2. "CONSULTANT" shall not be compensated for use of "CONSULTANT'S"
equipment, hardware, software materials or reproduction. Said costs are non -
compensable. Time expended by " CONSULTANT's" personnel on such
equipment shall be paid on the basis of the "FEE SCHEDULE" herein above.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ". In
consideration for performance of additional services authorized by "CITY" in writing,
"CITY" hereby agrees to compensate "CONSULTANT" an amount based upon the
hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an increase
in the total compensation exceeding four thousand dollars ($4,000.00) shall require
that an amended Agreement for such additional services be executed by the
"CONSULTANT" and "CITY ".
X. RECORDS
"CONSULTANT" shall maintain complete and accurate records with respect to costs,
expenses, receipts and other such information required by "CITY" that relate to the
performance of the services specified under this Agreement. All such records shall be
maintained in accord with generally accepted accounting principles and shall be
clearly identified and readily accessible. "CONSULTANT" shall provide free access to
the representatives of "CITY" or its designees at all proper times upon reasonable
notice to "CONSULTANT" to such books and records, and gives "CITY" the right to
examine and audit same, and to make transcripts therefrom as deemed necessary at
"CITY'S" cost, and to allow inspection of all work, data, documents, proceedings and
activities related to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
policies. "CONSULTANT" shall use the "CITY'S" Insurance Certificate form for
endorsement of all policies of insurance. The certificates do not limit
"Consultant's" indemnification, and also contain substantially the following
statement: "The insurance covered by this certificate may not be canceled, non -
renewed, except after thirty (30) days' written notice has been received by
"CITY ". Coverage may not be reduced or otherwise materially altered without
the same advance notice to "CITY" of such alteration.
"CONSULTANT" shall maintain in force at all times during the performance of
this Agreement, policies of insurance required by this Agreement; and said
policies of insurance shall be secured from an insurance company assigned
Policyholders' Rating of "B" (or higher) and Financial Size Category "W" (or
larger) in accord with an industry -wide standard and shall be licensed to do
business in the State of California. However, the minimum rating for the
"CONSULTANT's" Errors & Omissions carrier shall be "B + ", "VIII" or better.
1. An appropriate industry -wide insurance rating standard shall be deemed
"Best's Key Rating Guide ", latest edition.
C. "CONSULTANT" shall maintain the following minimum coverage's:
Liability Insurance
General liability coverage shall be provided in the following minimum
limits:
Category
Bodily Injury
Property Damage
Amount
$ 1,000,000 each occurrence
$ 1,000,000 aggregate
$ 1,000,000 each occurrence
$ 1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum
limits.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one
million dollars ($1,000,000.00).
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils for which it has agreed
to provide general liability insurance, "CONSULTANT" shall look solely to its
insurance for recovery. "CONSULTANT" hereby grants to "CITY ", on behalf of
any general liability insurer providing insurance to either "CONSULTANT" or
"CITY" with respect to the services of "CONSULTANT ", 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.
E. Additional Insured
"CITY ", its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance policies
required under this Agreement, except Errors & Omissions Insurance. The
naming of an additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not named as such
additional insured; and an additional insured named herein shall not be liable for
any premium or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the insurance
provided by this policy. Proceeds from any such policy or policies shall be
payable to "CITY" primarily, and to "CONSULTANT" secondarily, if necessary.
XIL WAIVER
A waiver by "CITY" or "CONSULTANT" 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 different character.
XIII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason of 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 cost of litigation.
XIV. 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 hereof. Any
modification of this Agreement will be effective only by written execution signed
by both "CITY" and "CONSULTANT ".
XV. HOLD HARMLESS
"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 costs of litigation, arising from "CONSULTANT'S" negligent acts, errors
or omissions, in the performance of services hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
first date above written:
APPROVED AS TO FORM:
Assistant City Attorney
N
Wanda Raggio
City Clerk
Address and Telephone:
Cary of Newport 13cach
3300 Newport Boulevard
Newport Beach, Califomia 92659 -1768
01/0 644 -3011 (714)646 -5204 (FAX)
City of Newport Beach,
a municipal corporation
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"CITY.,
Willdan Associates
a California Corporation
"t,' rce rest ent
"CONSULTANT"
Willdan Associates
12900 Crossroads Parkway, Suite 200
Industry, California 91746 -3499
(31o) 908 -6200 (310) 695 -2120 (FAX)