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HomeMy WebLinkAboutC-3074(E) - Civil Engineering Services for El Paseo Storm Drain_mow AMENDMENT NO. 1 CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this /S day of 0,((,:, tza-r 11997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Emmet Berkery, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, CA 92663 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. On November 12, 1996, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. CITY and CONSULTANT mutually desire to amend the agreement as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT, which commenced on November 1, 1996, is extended from June 30, 1997 to September 1, 1997 2. The maximum fee to be paid as compensation to CONSULTANT to cover project management services performed during the extended time period is $9,000.00. Such services will be billed in accordance with Proposal and Fee Rate Schedule dated July 28, 1997, attached as Exhibit "A ". ` ! 0 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: �� ` t� _u` `- W,t,t,t City Manager APPROVED AS TO FORM: ity Attorney ATTEST: City Clerk f:\groups\pubworks\agmt\berkery3.doc CONSULTANT mm Emmet Berkery, P.E. i= 1 0� • Emmet Berkery, P.E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Telephone: (714) 673 -6446 Facsimile: (714) 673 -6899 July 28, 1997 Mr. Don Webb Director of Public Works City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Don: At your request I am pleased to submit this letter proposal to provide professional engineering and project management services on a month -to -month basis commencing in August 1997, for the following City of Newport Beach projects: 1. Castaways Park 2. Birch Street Overcrossing Professional services will be provided in an amount expected to average twenty (20) to thirty (30) hours per week. Such services will be billed in accordance with the Fee Rate Schedule attached. The approximate monthly fee for a 30 hour week would be $9,000. For a 20 hour week the approximate monthly fee would be $6,000. It is understood that the level of involvement in the project may vary and be changed from time to time. This letter proposal is not intended to be restrictive or all- inclusive. It is further understood these services can be terminated by either party with 10 days notice. If this proposal is accepted and approved, I understand the initial approval is only for the month of August 1997, and any subsequent extensions are subject to your prior approval. Thank you for the opportunity to submit this proposal. I look forward to working with you and your staff. Sincerely, Emmet Berk-cry, P.E. :pdg Enclosure I 0 Emmet Berkery, P.E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Telephone: (714) 673 -6446 Facsimile: (714) 673 -6899 FEE RATE SCHEDULE Effective August 1, 1997 I. Professional Services $70.00 per hour II. Reimbursable Expenses 1. Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. 2. Reproduction, blueprinting, photocopying, and photographing will be billed at cost. III. Outside Services Invoice costs of services and expenses charged by independent contractors or consultants, specialists, and professional or technical firms in support of services provided by Emmet Berkery, P.E. will be billed at 1.15 times cost. � l AMENDMENT NO. 1 CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects 1996 -1997 Fiscal Year THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of June,1997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Emmet Berkery, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, CA 92663 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On November 12, 1996, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. CITY and CONSULTANT mutually desire to amend the agreement as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT. which commenced on November 1, 1996, is extended from June 30, 1997 to August 31, 1997. 2. The standard hourly rates established for AGREEMENT shall continue in effect and shall be unchanged before December 31, 1997. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH, a municipal corporation BY: Ciy anage CONSULTANT M Emmet Berkery, P.E. f:\groups\pubworks\agmt\berkeryl.doc i Cf P OF f November 12, 1996 i NOV I P CITY COUNCIL AGENDA • j ITEM NO. 14 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: EL PASEO STORM DRAIN, CONTRACT NO. 30-W "3 o"Ly RECOMMENDATION: Authorize right -of -entry, contract delay, and liquidated damages payment to Bahia Corinthian Yacht Club in the amount of $45,000. DISCUSSION: The El Paseo Storm Drain passes through the parking lot of the Bahia Corinthian Yacht is Club and outlets into the bay next to their clubhouse. The storm drain installation project utilized a substantial portion of the BCYC parking lot and interrupted their club activities from mid -May until the end of July. This is one of the most active times of the year for a yacht club. In addition, BCYC was required to delay their bulkhead repair contract for approximately 6 months at a cost to the club of $8,000. It was necessary to construct the storm drain between May and October to be certain that rain storms would not impact the construction work. When this project was brought to the City Council for approval to advertise for bids, BCYC expressed concerns about the impacts of the project on their operations and property. The staff negotiated with the club during and following the bidding period and agreed to reimburse the club $8,000 for their contract costs to delay the bulkhead repair. Also, it was agreed that instead of requiring the contractor to replace damaged landscaping and irrigation improvements, the City would provide the club with $15,000 to perform their own landscape and irrigation replacements. To encourage the contractor to complete work on the BCYC property by July 5, 1996, a liquidated damages clause was placed in the storm drain contract. This clause assessed $3,000 per day damages for each day after July 5, 1996, that it took to substantially complete work on BCYC property. It was agreed that BCYC would receive $1,000 per day of this amount as compensation for use of their site during their peak use period. BCYC agreed to these • conditions and allowed the use of their property for the storm drain construction project 0 0 SUBJECT: EL PASEO STORM DRAIN, CONTRACT NO. 3047 November 12, 1996 Page 2 • On April 22, 1996, Council awarded the construction contract to Steve P. Rados, Inc. The initial construction schedule prepared by the contractor indicated that he could not meet the substantial completion date of July 5, 1996. It was agreed that the contractor would be allowed to work 10 hour days, 6 days a week within Phase 1 to expedite construction. The contractor absorbed the additional cost for overtime work, under the assumption that the work could be completed earlier and liquidated damages mitigated. Subsequently, in a letter dated May 8, 1996, the City agreed to construct a 1" asphalt concrete overlay on the west half of the BCYC parking lot in return for use of an expanded temporary construction easement for the purposes of expediting construction. Construction of Phase 1 improvements was substantially complete on July 30, 1996, 22 days later than required by the contract documents. In a letter to BCYC dated August 1, 1996, the total payment due to BCYC was summarized as follows: Liquidated damages (22 days at $1,000 /day) $22,000 Reimbursement for delay of bulkhead repair 8,000 Credit for landscaping 15.000 Total Due $45,000 • Funds for this payment will come from the budgeted El Paseo Storm Drain Account No. 7432- C5100296 from the CIOSA Fund. During the construction work on BCYC property, the contractor encountered unforeseen underground conditions that caused his work to extend longer than expected. The added work required the granting of time extension totaling 18 days. Liquidated damages for 4 days ($12,000) will be assessed to the contractor. To date, no further unexpected delays have occurred on the remainder of the project and all work should be completed on time by mid - November. Respectfully submitted, Don ebb / ?ireIrl U (1 n, I `y. U I\IV�� I\ Marla Matlove • Senior Civil Engineer CONSULTANT AGREEMENT EL PASEO STORM DRAIN THIS AGREEMENT, entered into this day of_, 1996, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to 1Nr- 1q- as "City "), and Harris and Associates,,w se address is 4281 Katella Avenue, Suite 100, Los Alamitos, CA 90720 (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 the City. Criss. B. The principal members of Consultant are Robert Mimiaga and Thomas C. City desires to engage Consultant to perform construction management and construction inspection services for the El Paseo Storm Drain 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 23rd day of April, 1996, shall terminate on the 31st day of December, 1996, 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 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. The maximum fee shall not exceed $118,500.00. 4. STANDARD OF CARE All of the work 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. 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 2 M. t . 0 0 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 the 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 agent. 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 the Consultant on the project. 3 3196 s ' . • 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Marla Matlove to be its Project Manager. 8. TIME OF PERFORMANCE The task to be performed by Consultant under and pursuant to this Agreement shall be completed within the time specified in Section 1 of this Agreement. 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 the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 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 requirements and be subject to approval of the Project Administrator and City Council. 4 3/96 i • • 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 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 the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. s 3/96 0 0 13. 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 the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies excluding professional liability and workers' compensation shall add as insured the City, it 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 from an insurance company admitted to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class B or better carriers: A. Worker's compensation insurance covering all employees and principals of the 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 6 3/96 J ` • • general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). 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 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 3196 0 0 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 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. 15. 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. 3 3/96 1i 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. 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 the City. 17. 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. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 9 3196 0 0 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. 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 related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be 10 3196 Ll itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. 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. 25. ERRORS AND OMISSIONS In the event that the Project Administrator determines that the Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors or omissions in the plans or contract specifications, Consultant shall 3/96 • • reimburse City for the additional expenses incurred by the City including engineering, construction and /or restoration expense. Nothing herein is intended to limit City's rights under any other Sections of this Agreement. 26. 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 the work to the satisfaction of the Public Works Director. The 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 and adopted as specified above. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable 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. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 12 3/96 29. CONFLICTS OF INTEREST A. The 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 the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered 13 3196 s • 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 Attention: Don Webb, Director of Public Works All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Harris and Associates 4281 Katella Avenue Los Alamitos, CA 90720 Attention: Thomas Criss, Senior Project Manager (714) 229 -0900 32. 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, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within 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 to the Consultant written notice thereof. 14 3/96 0 0 City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving 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. 33. 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. 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. WAIVER 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. 36. 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 15 3/96 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. ATTEST: APPJ30VED A TO FORM: CITY ATTO NEY 16 CITY OF NEWPORT BEACH A Municipal Corporation By: MAYOR CONSULTANT M r IRIS AND ASSOCIATF .-, ,S }� IM l �V .� ' �/ i 1 3/96 • TO: FROM: SUBJECT: �a AJ�_' Mayor and Members of the City Council Public Works Department CONSULTANT AGREEMENT WITH HAR EL PASEO STORM DRAIN - CONTRACT NO. 3074 4 April 22, 1996 CITY COUNCIL AGENDA ITEM NO. 7 RECOMMENDATIONS: 1. Approve a Consultant Agreement with Harris and Associates for construction management and inspection services related to the El Paseo Storm Drain for a not -to- exceed amount of $118,500. 2. Authorize the Mayor and City Clerk to sign the agreement on behalf of the City. • In anticipation of the award of a construction contract for the El Paseo Storm Drain (see Council Memo awarding construction for El Paseo Storm Drain), staff is recommending approval of a contract with the consulting firm of Harris and Associates to provide construction management and construction inspection services for the El Paseo Storm Drain construction project. Due to the complexity of the project (particularly the portion within the Bahia Corinthian Yacht Club property), there is a need for a full -time construction inspector and a part-time construction manager during the course of construction. In October 1995, four firms were invited to appear before an interview panel for the purpose of selecting one of the firms to provide construction management services for the MacArthur Boulevard Widening project. The four firms interviewed were Deist - Binsfield, Inc.; CRSS Constructors; CBM Consulting, Inc.; and Harris and Associates. The interview panel consisted of three people from the City and one from Caltrans. The panel gave Deist - Binsfield the highest score and as a result, they were awarded a contract for the MacArthur Boulevard construction management services. Although the panel did not rate Harris and Associates quite as highly as Deist - Binsfield, they did rate Harris and Associates a close second. Harris and Associates has successfully performed similar services on a number of large public works construction projects, including a large downtown redevelopment project for the city of Culver City and the new Rt. 55/73 Ramp (Connector D)for the City of Costa Mesa. • SUBJECT: CONSULTANT AGREEMENT WITH HARRIS AND ASSOCIATES FOR EL PASEO STORM DRAIN - CONTRACT NO. 3074 • April 22, 1996 Page 2 Negotiations were then commenced with Harris & Associates to define a more specific scope of work and establish a budget for the corresponding costs. Those items are attached as exhibits to a standard form Consultant Agreement and are incorporated into the agreement by reference. Harris and Associate's budget provides for a construction inspector working full -time over the course of construction and a project manager working approximately half -time. In addition to assuring that construction work is accomplished in accordance with the project plans and specifications, Harris and Associates will process progress payments, negotiate contract change orders, monitor and review construction scheduling, and handle communications with the public. A not -to- exceed budget of $118,500 is established to cover the cost of professional services fees for the assigned personnel. Funds are available in the current FY 1995 -96 budget for these services. A more detailed accounting is provided in the Council Memo awarding the construction contract to Steve P. Rados Construction. Respectfully submittedII [/ • Public Works Department Don Webb, Director Emmet Berkery Project Consultant Attachment 40 0 • 0 0 CONSULTANT AGREEMENT EL PASEO STORM DRAIN THIS AGREEMENT, entered into this _ day of 1996, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Harris and Associates whose address is 4281 Katella Avenue, Suite 100, Los Alamitos, CA 90720 (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 the City. Criss. B. The principal members of Consultant are Robert Mimiaga and Thomas C. City desires to engage Consultant to perform construction management and construction inspection services for the El Paseo Storm Drain upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: C� 1. TERM 10 The Term of this Agreement shall commence on the 23rd day of April, 1996, shall terminate on the 31st day of December, 1996, 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 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. The maximum fee shall not exceed $118,500.00. 4. STANDARD OF CARE • All of the work 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. 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 2 •3196 0 0 • 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 the 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 agent. 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 the Consultant on the project. • 3 3/96 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Marla Matlove to be its Project Manager. 8. TIME OF PERFORMANCE The task to be performed by Consultant under and pursuant to this Agreement shall be completed within the time specified in Section 1 of this Agreement. 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 the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY 0 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 requirements and be subject to approval of the Project Administrator and City Council. 4 3196 9 . 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 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 the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. • s 3/96 0 0 0 13. 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 the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the City, it 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 from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class B or better carriers: A. Worker's compensation insurance covering all employees and principals of the Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third parry 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 3/96 0 0 0 • general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). 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 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 v 3196 0 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 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. 15. 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. s •3196 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. 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 the City. 17. 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. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 9 3/96 0 0 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. 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 related to the • Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be io .3/96 0 0 itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned 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 for a period of thirty (30) days from the date of withholding as a result of such • withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. 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. 25. ERRORS AND OMISSIONS In the event that the Project Administrator determines that the Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors or omissions in the plans or contract specifications, Consultant shall • ii 3196 0 reimburse City for the additional expenses incurred by the City including engineering, 0 construction and /or restoration expense. Nothing herein is intended to limit City's rights under any other Sections of this Agreement. 26. 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 the work to the satisfaction of the Public Works Director. The 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 and adopted as specified above. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or 0 holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable 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. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 12 0 3/96 0 0 . 29. CONFLICTS OF INTEREST A. The 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 the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's • violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered • 13 3196 0 0 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 Attention: Don Webb, Director of Public Works All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Harris and Associates 4281 Katella Avenue Los Alamitos, CA 90720 Attention: Thomas Criss, Senior Project Manager • (714) 229 -0900 32. 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, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within 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 to the Consultant written notice thereof. 14 •3/96 • City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving 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. 33. 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. 34. COMPLIANCES • Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. WAIVER 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. 36. 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 • 15 3/96 • • 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. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation 0 MAYOR CONSULTANT By: •HARRIS AND ASSOCIATES 16 0 3/96 EXIR I B 1T • April 3, 1996 Mr. Emmet Berkery, PE Civil Engineer & Project Management Consultant City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 RE: City of Newport Beach El Paseo Storm Drain Project Dear Mr. Berkery: A � Harris & Associates Engineers Architects Construction Managers As we discussed, I am pleased to submit this brief letter proposal to provide construction management services to the City of Newport Beach for the El Paseo Storm Drain project. Our understanding is that the improvements include the installation of pipelines ranging in size from 102 to 54 inches, tie back walls, and restoration of the existing facilities and landscaping. The project will be constructed in three phases with the completion of work in the harbor area as the most critical. Construction cost is anticipated to be $2.78 million, with a overall project construction schedule of six months. We have an extensive record of infrastructure improvements, including installation of reinforced concrete pipeline ranging from 78 -inch to 114 -inch storm drain within Harbor Boulevard and the city golf course in the City of Costa Mesa. The project had a phased construction period due to the • potential impact on local merchants during the Christmas holiday season. Project construction cost was $1.5 million. Construction of Rio Hondo Water reclamation Program for Central Basin Municipal Water District involved 30 miles of pipeline installation ranging in size from 6 -inch to 36 -inch. The pipeline required construction within busy city streets and under railroads, freeways, and flood control channels. Construction cost for the project was $31 million. Constmctlon Management Services We provide a full range of construction management services starting from the earliest stages of project development, pre- construction phase, assistance in bidding, and construction phase. Our typical services for the El Paseo Storm Drain project include the following typical services: ■ Contract bidding and award assistance ■ Conducting pre- construction meeting ■ Contract administration ■ Public relation with property owners ■ Maintaining complete project documents ■ Coordination of design issues with designer • ■ Reviewing and monitoring contractor's construction schedule 4281 Kalella Avenue, Suite 100 Los Alamitos, CA 90720 (714) 2290900 (310) 4022600 FAX (714) 2290995 • i Mr. Emmet Barker City of Newport Beach • El Paseo Storm Drain Project Page Two ■ Construction inspection ■ Coordinating material sampling and testing ■ Review certified payrolls ■ Conduct weekly progress meeting ■ Review and approval of progress payments ■ Cost evaluation and negotiation of change orders ■ Prepare weekly progress report ■ Project close -out ■ Dispute resolution It is our philosophy that we are part of the project team and are acting as an extension of the City's staff to assist you in building a successful project Project Team _ _ • Our project team will be lead by Marla Matlove, PE who will be the point of contact for this assignment. Marla has 16 years of experience in program and construction management on complex projects including, the $7 million Culver City Downtown Streetscape project. She has a extensive of experience in street widening and paving, underground utilities, traffic control, and public relations. Hoss Smith will be the inspector for the project monitoring the daily activities of the contractor. Hoss has 21 years of experience with an extensive background in underground pipelines installation. Proposed Fee We propose to perform these services as outlined above with the staff as indicated in the enclosed plan on an hourly basis for a total not to exceed fee of $118,470.00, or approximately 4% of the cost of construction. We appreciate the City's consideration of Hams & Associates for construction management services and look forward to working with you on the El Paseo Storm Drain project. If you require any additional information or have any questions please contact me at my office. Very truly yours, HA,RR-IS & ASSOCCIIA7TES, INC. as , Thomas Criss • Associate v Barris & Asswalas 0 ! Marla Matlove . Ms. Marla Matlove is a registered civil engineer in the State of California and has over 16 years of experience in the design and construction of public works projects for municipal governments. In addition to her design experience, she has served as resident engineer on a variety of public works projects including: street improvements; storm drains; sewer and water systems; traffic signal installations; park construction; landscaping and irrigation improvements; and flood control channel improvements. Ms. Matlove is cognizant of both the Green Book and Caltrans Standard Specifications and has served as resident engineer on federally funded projects. Project Engineering Ms. Matlove served as on -site construction manager for the and Management recently completed two -year, $7 million Culver City downtown Experience streetscape project. The multi -phase project included complete reconstruction of all streets and sidewalks in a several block area along with extensive landscaping and irrigation improvements, a park, and three new traffic signals. Streets were reconstructed using PCC pavement, and construction phasing and traffic control were critical to the success of the project. These aspects of the project became even more critical when, after the collapse of the 1 -10 bridge on Washington Boulevard in the Northridge earthquake, freeway traffic was detoured through the construction area. Throughout the project, Ms. Matlove worked closely with the • contractor and the local business community to implement creative solutions to ease the construction process. Ms. Matlove is currently serving as construction manager for the Rossmoor Community Services District Rush Park improvement project, and has recently completed revising the contract package for the City of Los Alamitos Katella Avenue reconstruction project to meet ISTEA funding requirements. Prior to joining Hams & Associates, she served as senior /associate engineer in the City of Moreno Valley. During this time, an aggressive capital improvement program was underway, and Ms. Matlove managed as many as 25 projects concurrently. Her responsibilities included: ■ Supervising professional engineers, sub - professional engineering and support staff in the design and construction of capital improvement projects ■ Assisting in preparing the annual budget ■ Assisting in the selection of consultants and management of consultant contracts ■ Acting as division head in principal engineer's absence implementing a pavement management program ■ Construction management of capital improvement projects ■ Reviewing and approving plans and specifications for advertisement Updated March 11, 1996 0 Marla Matlove Page 2 Education Registration References _T— Updated March 11, 1996 i Coordinating projects with other city departments, funding agencies, utilities, property owners, and the public Projects Ms. Matlove managed at Moreno Valley include Heacock Street widening at 1 -60, Frederick Street reconstruction (both Caltrans -local agency cooperative projects), Perris Boulevard widening, and the Cactus Avenue Bridge. While with the City of Irvine, Ms. Matlove had experience checking and approving on -site grading plans, street improvement plans, and storm drain plans. She also reviewed hydrology studies and geology reports, worked with developers and private engineers, and processed final maps, lot line adjustments, and easement deeds. Ms. Matlove also has 10 years of experience working for the City of Garden Grove. This work included: ■ preparation of plans, specifications, and cost estimates for capital improvement projects ■ management of consultant contracts ■ construction management of capital improvement projects ■ coordination of projects with other city departments, funding agencies, utilities, property owners, and the public ■ preparation of final cost accounting of projects, including final reports to funding agencies ■ supervision of sub - professional engineering staff Projects she managed at Garden Grove include Valley View Street reconstruction (a Caltrans -local agency cooperative project), Garden Grove Boulevard widening, 9th Street reconstruction, and Bolsa Flood Control Channel improvements. BS, Civil Engineering, 1979 University of Southern Califomia Civil Engineer, State of California, 35066 Civil Engineer, State of New Mexico, 12362 City of Moreno Valley Jim Smith, PE Principal Engineer (909) 243 -3130 r1 LJ C� E 0 Leslie "Hoss" Smith Water Systems Experience Additional Experience Training Updated March 11, 1996 Inspector Mr. Smith has 21 years of experience in the construction industry as an inspector, estimator, and superintendent. In addition to inspecting public improvement projects, he has prepared written reports and estimates and coordinated field survey parties. He has provided project management and administration, claims management, field office engineering, and civil inspection for the following projects: ■ water tanks ■ potable water treatment ■ water and sewer utilities ■ wastewater treatment ■ elevated water tanks ■ water well drilling Mr. Smith served as an inspector for the Central Basin Municipal Water District for its $31 million Rio Hondo Water Reclamation Program which will provide reclaimed water to users within numerous Southern California cities. He is responsible for inspecting the $1.1 million raw water pump station, pipelines, mechanical and electrical, and instrumentation. Mr. Smith recently completed an inspection assignment for steel water tank erection, welding, and coatings for the Marin Municipal Water District project. He also performed inspections related to welded steel pipelines, pump station construction, the rehabilitation of a timber bridge, and water system improvements for new subdivisions. Mr. Smith served as an inspector for U.S. Windpower in Livermore. He calibrated blades on the wind generators. As an estimator for six years, Mr. Smith prepared cost estimates and analyses for concrete construction, building repairs, and erection of metal buildings. As a construction superintendent Mr. Smith supervised a work crew in the construction of concrete foundations and paving. He supervised and coordinated subcontractors in quality workmanship and completion of turn- key commercial metal buildings. CMS Welding Inspection Course 0 d 'h 0 " 7 n l=D m CD 3 Q t to h F m F5 (O o�s t,6'c Fmg O Z 0 0 _ N__ Ilion I IIIIIIIIIIIIII III IN ME I m III I I Milli 0 0 91 MINIMUM IN 11 Bill 0 d 'h 0 " 7 n l=D m CD 3 Q t to h F m F5 (O o�s t,6'c Fmg O Z 0 0 _ N__ s rn m0 y O ID � O � 3K• v� d� 0 CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects 1996 - 1997 Fiscal Year THIS AGREEMENT, entered into this day of Ak Cr',ri �f r- . 1996, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Emmet Berkery P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, CA 92663 (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 the City. B. The principal Consultant is Emmet Berkery, P.E. C. City desires to engage Consultant to provide Professional Civil Engineering and Project Management Services for designated capital improvement projects within the City during the FY 1996 -97 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 1st day of November, 1996, and shall terminate on the 30th day of June, 1997, unless terminated earlier as set forth herein. `i 0 0 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Consultant's October 1, 1996 proposal, Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT 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. The maximum fee shall not exceed $78,000.00. 4. STANDARD OF CARE All of the work 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. Ail 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 the 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 N 0 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 agent. 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 the Consultant on the project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant, Emmet Berkery is the Project Manager. 8. TIME OF PERFORMANCE The tasks to be performed by Consultant shall be in accordance with the schedule specified in Exhibit "A ". 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 the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project 3 0 0 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 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 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, suites, 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 4 0 0 connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. 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 the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies, with the exception of Professional Errors and Omissions, shall add as additional insured the 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 from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by the City Risk Manager: A. Worker's compensation insurance covering all employees and principals of the 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 propertydamage. 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 3 0 0 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. This section deleted, non - applicable. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided nor 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 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 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 6 t 0 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. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduces, 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. 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 the City. 17. 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 7 /6 0 Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. 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 related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 8 ii 0 0 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. 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. 25. ERRORS AND OMISSIONS This section deleted, non - applicable. 9 / 1-- • • 26. TEN PERCENT (10 %) WITHHOLDING This section deleted, non - applicable. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable 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. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 29. CONFLICTS OF INTEREST A. The 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 foreseeable be materially 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 and is grounds for termination of this Agreement by the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this 10 J3 0 0 Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. 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 92658 -8915 Attention: Bill Patapoff, City Engineer All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Emmet Berkery P.E. 3345 Newport Blvd Suite 215 Newport Beach, CA 92663 (714) 673 -6446 32. 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, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days 11 Iq • • 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 to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving 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. 33. 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. 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. WAIVER 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. 36. 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 12 /5 0 0 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. 37. PREVIOUS AGREEMENTS The previous agreements approved by the City Council on December 1, 1994, and November 20, 1995, are superseded by this Agreement and Consultant is owed no further money under the previous agreements. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: 13 CITY OF NEWPORT BEACH A Municipal Corporation F�7 CONSULTANT Emmet Berkery 0 October 1, 1996 Emmet Berkery, P.E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Telephone: (714) 673 -6446 Facsimile: (714) 673 -6899 Mr. Don Webb Director of Public Works City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Dear Don: cdtt_lpl - A" At your request, I am pleased to submit this letter proposal to provide project management and conceptual planning services associated with the following City of Newport Beach projects for the 1996 -1997 Fiscal Year. 1. Fletcher Jones Motorcars 2. Birch Street Bridge Widening over the Corona del Mar Freeway 3. Castaways Park 4. Bob Henry Park Project management services will be provided in an amount expected to average thirty -five (35) hours per week. Such services will be billed in accordance with the Fee Rate Schedule attached. Actual services rendered will be closely coordinated with the Public Works Department and /or Community Services Department staff member(s) assigned to the project. It is understood that the level of involvement in the project will vary and may be changed from time to time. It is further understood Public Works staff may request services on other City projects. This proposal is not intended to be restrictive or all- inclusive. The objective of the contract is to make project management services available to City staff in a manner which allows flexibility and readjustment to meet requirements as needed. I understand this proposal will be attached to or be made part of a standard form City of Newport Beach consultant contract which will be presented to the City Council for approval. I also understand there are certain insurance requirements I must satisfy before the contract can be formally approved. /9 n u Don Webb October 1, 1996 Page Two E If this proposal is accepted and approved, I understand my two current contracts with the City, one for Fletcher Jones Motorcars (San Diego Creek North), and one for Capital Improvement Projects for the 1995 -1996 Fiscal Year will be closed out and replaced with this new contract. Thank you for the opportunity to submit this proposal. I look forward to working with you and the Public Works and Community Services Department staff. Sincerely, !9 I. Title • Professional Services Emmet Berkery, P.E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Telephone: (714) 673 -6446 Facsimile: (714) 673 -6899 FEE RATE SCHEDULE Effective July 1, 1996 Project Manager Technician/Designer /Plan Checker Clerical /Word Processing /Drafting II. Reimbursable Expenses 1L IC�J� • Rate per Hour $90.00 $60.00 $35.00 1. Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. 2. Reproduction, blueprinting, photocopying, and photographing will be billed at cost. III. Outside Services Invoice costs of services and expenses charged by independent contractors or consultants, specialists, and professional or technical firms in support of services provided by Emmet Berkery, P. E. will be billed at 1.15 times cost. I BY THE'JTYCYUJ_iL l (3 cnv of rvrwPCHT k . cat November 12, 1996 NOV ', CITY COUNCIL AGENDA ITEM NO. is TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT �ja14 SUBJECT: CONSULTANT AGREEMENT WITH EMMET BERKERY, P.E. (PROJECT MANAGEMENT SERVICES) RECOMMENDATIONS: 1. Approve Consultant Agreement with Emmet Berkery, P.E. for Project Management Services during F. Y. 1996 -1997 at a maximum fee of $78,000. 2. Authorize the City Manager and City Clerk to sign the Consultant Agreement. • DISCUSSION: On December 1, 1994, the City Council authorized execution of a Consultant Agreement with Emmet Berkery, P.E. for project management services in conjunction with development of the San Diego Creek North site as the new location for the Fletcher Jones Motorcars automobile dealership. The Council also approved a second contract on November 20, 1995, with Mr. Berkery for Project Management Services for several Capital Improvement Projects during the 1995 -1996 fiscal year. At this time, staff is recommending closing out Mr. Berkery's current contracts and executing a new contract for fiscal year 1996 -1997. Project Management Services under the agreement include the completion of the Fletcher Jones Motorcars project, and the continuation of the following projects: 1. Birch Street Bridge Widening over the Corona del Mar Freeway 2. Castaways Park 3. Bob Henry Park This new proposal is for services through June 1997. If services are needed after July 1, 1997, a provision has been included in the agreement which allows for the extension of the term of the agreement by an amendment executed by the City Manager. The • proposed fee is based on standard hourly rates and available time to work on these projects is expected to be 30 to 40 hours per week. A copy of the proposal and fee from Mr. Berkery is attached. The agreement provides a maximum fee amount of $78,000. Mr. Berkery will bill the City on a time and materials basis. 9 0 SUBJECT: CONSULTANT AGREEMENT WITH EMMET BERKERY, P.E. (PROJECT MANAGEMENT SERVICES) November 12, 1996 Page 2 Funds are available in the current budget and authorization for these Project Management Services are recommended to be allocated as follows: Project Budget No. Amount Fletcher Jones Motorcars 7181- C5100071 $ 4,100 7261- C5100262 3,900 7251- C5100343 2,000 Birch Street 7281- C5100065 40,000 Castaways Park 7017- C4120280 25,000 Bob Henry Park 7017- C4120264 3,000 A summary of the previous authorizations and expenditures to date for Mr. Berkery is attached for the Council's reference. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director by: Bill Patapoff City Engineer /Engineering Services Manager Attachment • • • 0 i SUMMARY CONSULTANT CONTRACT FOR EMMET BERKERY, P.E. San Diego Creek North (Fletcher Jones Motorcars) Item Contract (12/94) Amendment No. 1 (6/95) (2) Amendment No. 2 (11/95) Amendment No. 3 (4/96) Total • Authorization $55,000 $15,000 $15,000 $85,000 Capital Improvement Projects FY 1995 -1196 Project El Paseo Storm Drain Birch Street Castaways Park Bob Henry Park Consultant Planning Hoag Linear Park Total (1) Through September 30, 1996 (2) Time extension only Authorization $25,000 $20,000 $12,000 $ 8,000 $ 2,830 $ 2,000 $69,830 Expenditure u $55,000 $15,000 $15,000 Expenditureu $20,730 $ 5,870 $11,850 $10,170 0 0 $48,620 3 • i CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects 1996 - 1997 Fiscal Year THIS AGREEMENT, entered into this _day of 1996, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Emmet Berkery P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, CA 92663 (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 the City. B. The principal Consultant is Emmet Berkery, P.E. C. City desires to engage Consultant to provide Professional Civil Engineering and Project Management Services for designated capital improvement projects within the City during the FY 1996 -97 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 1st day of November, 1996, and shall terminate on the 30th day of June, 1997, unless terminated earlier as set forth herein. • • U u 0 0 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 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. The maximum fee shall not exceed $78,000.00. 4. STANDARD OF CARE All of the work 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. 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 the 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 2 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 agent. 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 the Consultant on the project. 7. PROJECT MANAGER • The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant, Emmet Berkery is the Project Manager. 8. TIME OF PERFORMANCE The tasks to be performed by Consultant shall be in accordance with the schedule specified in Exhibit "A ". 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 the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY • Consultant will discuss and review all matters relating to policy and project 3 0 • 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 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 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, suites, 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 ,H connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. 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 the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies, with the exception of Professional Errors and Omissions, shall add as additional insured the 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 from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by the City Risk Manager: A. Worker's compensation insurance covering all employees and principals of the 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 propertydamage. 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 5 • • 0 • 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. This section deleted, non - applicable. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided nor 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 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 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 9 • • 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. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduces, 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. 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 the City. 17. 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 7 /o Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must . be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. 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 related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 8 ,, 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. 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. 25. ERRORS AND OMISSIONS This section deleted, non - applicable. 9 z M 0 • 26. TEN PERCENT (10 %) WITHHOLDING This section deleted, non - applicable. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable 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. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS • City reserves the right to employ other consultants in connection with this project. 29. CONFLICTS OF INTEREST A. The 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 foreseeable be materially 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 and is grounds for termination of this Agreement by the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this 10 a. CA • Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. 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 92658 -8915 Attention: Bill Patapoff, City Engineer All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Emmet Berkery P.E. 3345 Newport Blvd Suite 215 Newport Beach, CA 92663 (714) 673 -6446 32. 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, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days 11 14 0 0 . 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 to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving 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. 33. 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. 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. WAIVER 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. 36. 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 12 /5- 0 0 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. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation In CITY MANAGER CONSULTANT An Emmet Berkery f. \groups \pu bwork\ag mt \be rke ry2 11/12/96 n LJ 13 /- • October 1, 1996 Emmet Berkery, P.E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Telephone: (714) 673 -6446 Facsimile: (714) 673 -6899 Mr. Don Webb Director of Public Works City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Dear Don: Cdt'64 A" At your request, I am pleased to submit this letter proposal to provide project management and conceptual planning services associated with the following City of Newport Beach projects for the 1996 -1997 Fiscal Year. 1. Fletcher Jones Motorcars 2. Birch Street Bridge Widening over the Corona del Mar Freeway 3. Castaways Park 4. Bob Henry Park Project management services will be provided in an amount expected to average thirty -five (35) hours per week. Such services will be billed in accordance with the Fee Rate Schedule attached. Actual services rendered will be closely coordinated with the Public Works Department and /or Community Services Department staff member(s) assigned to the project. It is understood that the level of involvement in the project will vary and may be changed from time to time. It is further understood Public Works staff may request services on other City projects. This proposal is not intended to be restrictive or all- inclusive. The objective of the contract is to make project management services available to City staff in a manner which allows flexibility and readjustment to meet requirements as needed. I understand this proposal will be attached to or be made part of a standard form City of • Newport Beach consultant contract which will be presented to the City Council for approval. I also understand there are certain insurance requirements I must satisfy before the contract can be formally approved. 117 FV 1 0 Don Webb • October 1, 1996 Page Two If this proposal is accepted and approved, I understand my two current contracts with the City, one for Fletcher Jones Motorcars (San Diego Creek North), and one for Capital Improvement Projects for the 1995 -1996 Fiscal Year will be closed out and replaced with this new contract. Thank you for the opportunity to submit this proposal. I look forward to working with you and the Public Works and Community Services Department staff. Sincerely, e4 Emmet Berkery • • • • u I. Title Professional Services Emmet Berkery, P.E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Telephone: (714) 673 -6446 Facsimile: (714) 673 -6899 FEE RATE SCHEDULE Effective July 1, 1996 Project Manager Technician/Designer /Plan Checker Clerical /Word Processing /Drafting II. Reimbursable Expenses Rate per Hour $90.00 $60.00 $35.00 1. Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. 2. Reproduction, blueprinting, photocopying, and photographing will be billed at cost. III. Outside Services Invoice costs of services and expenses charged by independent contractors or consultants, specialists, and professional or technical firms in support of services provided by Emmet Berkery, P. E. will be billed at 1.15 times cost. iG I 0 • AMENDMENT NO. 1 CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects "11 THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this G+_day of 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Emmet Berkery, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, CA 92663 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. On November 20, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. CITY and CONSULTANT mutually desire to amend the agreement as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT, which commenced on November 15, 1995, is extended from June 30, 1996 to June 30, 1997. 2. The standard hourly rates established for AGREEMENT shall continue in effect and shall be unchanged before June 30, 1997. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. 0 s IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: A�l Cit Manag r APPROVED AS TO FORM: kilt City Attorney CONSULTANT MR ATTEST: Emmet Berkery, P.E. City Clerk c fA groupskpubworksXagmflberkery 1.doc - EXI♦18IT April 3, 1996 Mr. Emmet Berkery, PE Civil Engineer & Project Management Consultant City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 RE: City of Newport Beach El Paseo Storm Drain Project Dear Mr. Berkery: A � Harris & Associates Engineers Archtlecis Cors!rudion Managers As we discussed, I am pleased to submit this brief letter proposal to provide construction management services to the City of Newport Beach for the El Paseo Storm Drain project. Our understanding is that the improvements include the installation of pipelines ranging in size from 102 to 54 inches, tie back walls, and restoration of the existing facilities and landscaping. The project will be constructed in three phases with the completion of work in the harbor area as the most critical. Construction cost is anticipated to be $2.78 million, with a overall project construction schedule of six months. We have an extensive record of infrastructure improvements, including installation of reinforced concrete pipeline ranging from 78 -inch to 114 -inch storm drain within Harbor Boulevard and the city golf course in the City of Costa Mesa. The project had a phased construction period due to the potential impact on local merchants during the Christmas holiday season. Project construction cost was $1.5 million. Construction of Rio Hondo Water reclamation Program for Central Basin Municipal Water District involved 30 miles of pipeline installation ranging in size from 6 -inch to 36 -inch. The pipeline required construction within busy city streets and under railroads, freeways, and flood control channels. Construction cost for the project was $31 million. Construction Management Services We provide a full range of construction management services starting from the earliest stages of project development, pre- construction phase, assistance in bidding, and construction phase. Our typical services for the El Paseo Storm Drain project include the following typical services: ■ Contract bidding and award assistance • Conducting pre - construction meeting ■ Contract administration ■ Public relation with property owners ■ Maintaining complete project documents ■ Coordination of design issues with designer ■ Reviewing and monitoring contractor's construction schedule 4281 Katella Avenue, Suite 100 Los Alamitos, CA 90720 1714) 2290900 (310) 4022600 FAX (714) 2290995 0 Mr. Emmet Barker 0 City of Newport Beach El Paseo Storm Drain Project Page Two ■ Construction inspection ■ Coordinating material sampling and testing ■ Review certified payrolls ■ Conduct weekly progress meeting ■ Review and approval of progress payments ■ Cost evaluation and negotiation of change orders ■ Prepare weekly progress report ■ Project close -out ■ Dispute resolution It is our philosophy that we are part of the project team and are acting as an extension of the City's staff to assist you In building a successful project Project Team Our project team will be lead by Marla Matlove, PE who will be the point of contact for this assignment. Marta has 16 years of experience in program and construction management on complex projects including, the $7 million Culver City Downtown Streetscape project. She has a extensive of experience in street widening and paving, underground utilities, traffic control, and public relations. Hoss Smith will be the inspector for the project monitoring the daily activities of the contractor. Hoss has 21 years of experience with an extensive background in underground pipelines installation. Proposed Fee We propose to perform these services as outlined above with the staff as indicated in the enclosed plan on an hourly basis for a total not to exceed fee of $118,470.00, or approximately 4% of the cost of construction. We appreciate the City's consideration of Hams & Associates for construction management services and look forward to working with you on the El Paseo Storm Drain project. If you require any additional information or have any questions please contact me at my office. Very truly yours, HARRIS & ASSOCIATES, INC. /�'fByr'iGfS � ✓ /Sf Thomas Criss Associate Harris & Associates 0 0 Marla Matlove Ms. Marla Matlove is a registered civil engineer in the State of California and has over 16 years of experience in the design and construction of public works projects for municipal governments. In addition to her design experience, she has served as resident engineer on a variety of public works projects including: street improvements; storm drains; sewer and water systems; traffic signal installations; park construction; landscaping and irrigation improvements; and flood control channel improvements. Ms. Matlove is cognizant of both the Green Book and Caltrans Standard Specifications and has served as resident engineer on federally funded projects. Project Engineering Ms. Matlove served as on -site construction manager for the and Management recently completed two -year, $7 million Culver City downtown Experience streetscape project. The multi -phase project included complete reconstruction of all streets and sidewalks in a several block area along with extensive landscaping and irrigation improvements, a park, and three new traffic signals. Streets were reconstructed using PCC pavement, and construction phasing and traffic control were critical to the success of the project. These aspects of the project became even more critical when, after the collapse of the 1 -10 bridge on Washington Boulevard in the Northridge earthquake, freeway traffic was detoured through the construction area. Throughout the project, Ms. Matlove worked closely with the contractor and the local business community to implement creative solutions to ease the construction process. Ms. Matlove is currently serving as construction manager for the Rossmoor Community Services District Rush Park improvement project, and has recently completed revising the contract package for the City of Los Alamitos Katella Avenue reconstruction project to meet ISTEA funding requirements. Prior to joining Hams & Associates, she served as senior /associate engineer in the City of Moreno Valley. During this time, an aggressive capital improvement program was underway, and Ms. Matlove managed as many as 25 projects concurrently. Her responsibilities included: ■ Supervising professional engineers, sub - professional engineering and support staff in the design and construction of capital improvement projects ■ Assisting in preparing the annual budget ■ Assisting in the selection of consultants and management of consultant contracts ■ Acting as division head in principal engineer's absence implementing a pavement management program ■ Construction management of capital improvement projects ■ Reviewing and approving plans and specifications for advertisement Updated March 11, 1996 Marla Matlove Page 2 Education Registration References Updated March 11, 1996 Coordinating projects with other city departments, funding agencies, utilities, property owners, and the public Projects Ms. Matlove managed at Moreno Valley include Heacock Street widening at 1 -60, Frederick Street reconstruction (both Caltrans -local agency cooperative projects), Perris Boulevard widening, and the Cactus Avenue Bridge. While with the City of Irvine, Ms. Matlove had experience checking and approving on -site grading plans, street improvement plans, and storm drain plans. She also reviewed hydrology studies and geology reports, worked with developers and private engineers, and processed final maps, lot line adjustments, and easement deeds. Ms. Matlove also has 10 years of experience working for the City of Garden Grove. This work included: ■ preparation of plans, specifications, and cost estimates for capital improvement projects ■ management of consultant contracts ■ construction management of capital improvement projects ■ coordination of projects with other city departments, funding agencies, utilities, property owners, and the public ■ preparation of final cost accounting of projects, including final reports to funding agencies ■ supervision of sub - professional engineering staff Projects she managed at Garden Grove include Valley View Street reconstruction (a Caltrans -local agency cooperative project), Garden Grove Boulevard widening, 9th Street reconstruction, and Bolsa Flood Control Channel improvements. BS, Civil Engineering, 1979 University of Southern California Civil Engineer, State of California, 35086 Civil Engineer, State of New Mexico, 12362 City of Moreno Valley Jim Smith, PE Principal Engineer (909) 243 -3130 • Leslie "Hoss" Smith Water Systems Experience Additional Experience Training III!! Ilia Updated March 11, 1996 • Inspector Mr. Smith has 21 years of experience in the construction industry as an inspector, estimator, and superintendent. In addition to inspecting public improvement projects, he has prepared written reports and estimates and coordinated field survey parties. He has provided project management and administration, claims management, field office engineering, and civil inspection for the following projects: • water tanks • potable water treatment • water and sewer utilities • wastewater treatment • elevated water tanks • water well drilling Mr. Smith served as an inspector for the Central Basin Municipal Water District for its $31 million Rio Hondo Water Reclamation Program which will provide reclaimed water to users within numerous Southern California cities. He is responsible for inspecting the $1.1 million raw water pump station, pipelines, mechanical and electrical, and instrumentation. Mr. Smith recently completed an inspection assignment for steel water tank erection, welding, and coatings for the Merin Municipal Water District project. He also performed inspections related to welded steel pipelines, pump station construction, the rehabilitation of a timber bridge, and water system improvements for new subdivisions. Mr. Smith served as an inspector for U.S. Windpower in Livermore. He calibrated blades on the wind generators. As an estimator for six years, Mr. Smith prepared cost estimates and analyses for concrete construction, building repairs, and erection of metal buildings. As a construction superintendent Mr. Smith supervised a work crew in the construction of concrete foundations and paving. He supervised and coordinated subcontractors in quality workmanship and completion of turn- key commercial metal buildings. CMS Welding Inspection Course 7 �� AN � � � ui �k t �k &a \a 6 Q ( i\ . Ah, k ) \ � ° A / k \ 7 ) LL � ■ « $ � 2 \ | ) . & A { k 3 ri I 7 42 k k m .a e e a . Ah, IN III������������� ON Il III������������2 NO����������� 0 4 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 cz?y14 hsD TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT FROM: CITY CLERK DATE: November 21, 1995 SUBJECT: Contract No. C -3074 Description of Contract Project Management Services and Capital Improvement Projects Effective date of Contract November 20, 1995 Authorized by Minute Action, approved on November 13, 1995 Contract with Emmet Berkerv. P.E. Address 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach BY THE CITY (.... 11 1 CITY o?ely November 13, 1995 NOV 1 31995 CITY COUNCIL AGENDA ITEM NO. 14 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT C_ 307 SUBJECT: CONSULTANT AGREEMENT WITH EMMET BERKERY, P.E. (PROJECT MANAGEMENT SERVICES) RECOMMENDATIONS: 1. Approve Consultant Agreement with Emmet Berkery, P.E. for Project Management Services during F.Y. 1995 -96 at a not to exceed amount of $72,000. 2. Authorize the Mayor and City Clerk to sign the Consultant Agreement. • DISCUSSION: On December 1, 1994, the City Council authorized execution of a Consultant Agreement with Emmet Berkery, P.E. for project management services in conjunction with development of the Fletcher Jones Motor Car site /Bayview Way extension. In addition to that project, and under separate contract, Mr. Berkery has also been assisting with management of the Castaways Park project. Currently project management services are needed to complete the Castaways Park projects, CIOSA Open Space parcels and conceptual planning, and Hoag Hospital Linear Park. These are projects which Mr. Berkery has become familiar with over the last year. In addition to these park projects, management services are needed to complete the Birch Street bridge widening over the Corona del Mar freeway and the El Paseo storm drain projects. Project management services for the Fletcher Jones Motorcar site /Bayview Way extension will be winding down during the remaining 1995 -96 fiscal year and Mr. • Berkery is available to provide additional management services. A proposal has been requested and received from Mr. Berkery to provide project management services for the following projects: 1. El Paseo Storm Drain 2. Birch Street Bridge Widening over the Corona del Mar Freeway 3. Upper Castaways Passive Park 4. Upper Castaways Active Park 5. CIOSA Open Space Parcel Conceptual Planning 6. Hoag Hospital Linear Park 0 9 SUBJECT: AMENDMENT TO CONSULTANT AGREEMENT WITH EMMET BERKERY , November 13, 1995 Page 2 The proposal is for services through June 1996. However, it is anticipated that services . may be needed after July 1, 1996, and language has been included in the agreement which allows for extension of the term of the agreement by an amendment executed by the City Manager. The proposed fee is based on standard hourly rates and the available time to work on these projects is expected to be 25 to 35 hours per week. A copy of the proposal and fee schedule from Mr. Berkery is attached. The agreement provides for a total not -to exceed the amount of $72,000. Funds are available in the current budget and authorization for these project management services are recommended to be allocated as follows: PROJECT BUDGET NO. AMOUNT El Paseo Storm Drain 7262- C5100296 $25,000 Birch Street Widening 7281- C5100072 $20,000 Upper Castaways Passive Park 7017- C4120280 $12,000 Upper Castaways Active Park 7017- C4120264 $ 8,000 CIOSA Open Space Parcels 5100 -8080 $ 5,000 Hoag Hospital Linear Parks 7017- C4120049 $ 2.000 • $72,000 A copy of the Consultant Agreement is attached for reference. Respectfully submitted, 4 PUBLIC WORKS DEPARTMENT Don Webb, Director By &)A ohn Wolter Cooperative Projects Engineer Attachment • 10 • 0 October 25, 1995 Emmet Berkery, P.E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Telephone: (714) 673 -6446 Facsimile: (714) 673 -6899 Mr. John Wolter Cooperative Projects Engineer City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Dear John, 0 At your request, I am pleased to submit this letter proposal to provide project management and conceptual planning services associated with the following City of Newport Beach projects: 1. El Paseo Storm Drain 2. Birch Street Bridge Widening over the Corona del Mar Freeway 3. Upper Castaways Active and Passive Parks 4. Hoag Hospital Linear Park 5. CIOSA Open Space Parcels Conceptual Planning a. Newport Village b. Bayview Landing C. Freeway Reservation Project management services will be provided in an amount expected to average thirty-five (35) • hours per week. Such services will be billed in accordance with the Fee Rate Schedule attached. Actual services rendered will be closely coordinated with the Public Works Department and /or Community Services Department staff member(s) assigned to the project. It is understood that the level of involvement in the project will vary and may be changed from time to time. It is further understood Public Works staff may request services on other City projects. This proposal is not intended to be restrictive or all- inclusive. The objective of the contract is to make project management services available to City staff in a manner which allows flexibility and readjustment to meet requirements as needed. 0 John Wolter October 25, 1995 Page Two I understand this proposal will be attached to or be made part of a standard form City of Newport Beach consultant contract which will be presented to the City Council for approval. I also understand there are certain insurance requirements I must satisfy before the contract can be formally approved. Thank you for the opportunity to submit this proposal. I look forward to working with you and the Public Works and Community Services Department staff. Sincerely, Emmet Berkery • • .4 Emmet Berkery, P.E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 714- 673 -6446 FEE RATE SCHEDULE Effective July 1, 1995 I. Professional Services Title Rate ear hour Project Manager $90.00 Technician /Designer /Plan Checker $60.00 • Clerical/Word Processing /Drafting $35.00 • II. Reimbursable Expenses • Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. • Reproduction, blueprinting, photocopying, and photographing will be billed at cost. III Outside Services Invoice costs of services and expenses charged by independent contractors or consultants, specialists, and professional or technical firms in support of services provided by Emmet Berkery, P.E. will be billed at 1.15 times cost. CONSULTANT AGREEMENT , Project Management Services Capital Improvement Projects THIS AGREEMENT, entered into this day of • 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and Emmet Berkery, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, CA 92663 (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 Statues of the State of California and the Charter of the City. B. CITY and CONSULTANT desire to enter into an agreement for Professional Civil Engineering services to manage implementation of Public Works capital improvement and cooperative projects within the City. NOW, THEREFORE, it is mutually agreed by and between the • undersigned parties as follows: SECTION 1. TERM A. The term of this agreement shall commence on the 15th day of November, 1995, and shall terminate on the 30th day of June 1996, unless terminated earlier as set forth herein. B. It is anticipated that project management services as provided for in this agreement will also be desired in the 1996/97 fiscal year. The term of this agreement may be extended by mutual consent of both parties under the terms of an amended Consultant Agreement approved by the City Manager. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT Project management services will include supervision of consultant firms preparing project studies, final plans and specifications; coordination and presentations to various Federal and State agencies necessary to obtain permits for the projects; • preparation of cooperative agreements as necessary for funding and construction of the projects; negotiations with property owners to coordinate construction, obtain right -of- entry permits and right -of -way as required; coordination of various Federal, State, local and private parties as necessary to manage projects; and construction management • services including contract administration, construction observation, scheduling and change order negotiation, preparation and processing. Public Works projects for which project management services are anticipated to be provided are: 1. El Paseo Storm Drain 2. Birch Street Bridge Widening over Corona del Mar Freeway 3. Upper Castaways Active and Passive Parks 4. Hoag Hospital Linear Park Design 5. CIOSA Open Space Parcels Conceptual Planning a. Newport Village b. Bayview Landing C. Freeway Reservation The City has a wide range of projects underway and the list of projects set forth above is not intended to be restrictive or all- inclusive. Project management services are intended to be available to the City staff on an as needed basis that allows flexibility and readjustment to meet requirements as they arise. CONSULTANT shall be available to city on an as needed basis up to an average of thirty (30) hours per week and shall provide project management services as noted above and as attached hereto set forth in Exhibit "A", the proposal dated October 26, 1995. SECTION 3: COMPENSATION TO CONSULTANT A. CONSULTANT shall be compensated for services performed pursuant to this agreement by invoicing City for services rendered on a monthly basis. Fee shall be on a time and materials basis, based on standard hourly rates as set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $72,000.00. In the event of unforeseen changes or required additions to the work which are not outlined by this agreement, the Public Works Director may authorize additional compensation up to 15% of the original contract amount. Such work shall be performed on a time and materials basis at the rates shown in Exhibit "A ". B. It is anticipated that project management services as provided for in this agreement will also be desired in the 1996/97 fiscal year. Compensation under this agreement is for services over the remaining fiscal year. Compensation may be extended for services performed during the 1996 /97 fiscal year by mutual consent of both parties under the terms of an amended Consultant Agreement approved by the City Manager. 2 3 SECTION 4: STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services . shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5: INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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. SECTION 6: 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 attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT'S negligent performance of services or • work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the 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 the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the 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 from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class B or better carriers: • A. Worker's compensation insurance covering all employees and principals of the 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 3 4 injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 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 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. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, subleasee, hypothecate or transferee shall acquire no right or interest by reason of such 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 venture or syndicate member or co- tenancy if CONSULTANT is a partnership or joint venture or syndicate or co- tenancy, 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 of the corporation. 4 SECTION 9: PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the • term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10: 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 upon final payment to the CONSULTANT. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No information data to by • report, or other given or prepared or assembled the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11: 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 services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance 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 to such books and records, • and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. 5 0 0 SECTION 12: 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 approved. 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 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: • Emmet , P.E. 3345 Newport Boulevard Suite 214 Newport Beach, CA 92663 (714) 673 -6446 SECTION 13: TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained • above, subject to any maximum amount to be received for any specific service. SECTION 14: 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 attorneys' fees. SECTION 15: COMPLIANCES :1 CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16: 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 a different character. SECTION 17: INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation M APPROVED AS TO FORM: Attorney Mayor CONSULTANT BY: ATTEST: CITY CLERK J r � �i • Emmet Berkery, P. E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 714- 673 -6446 FEE RATE SCHEDULE Effective July 1, 1995 I. Professional Services Title Rate per hour Project Manager $90.00 • Technician /Designer /Plan Checker $60.00 Clerical/Word Processing /Drafting $35.00 II. Reimbursable Expenses • Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. • Reproduction, blueprinting, photocopying, and photographing will be billed at cost. III Outside Services Invoice costs of services and expenses charged by independent contractors or consultants, specialists, and professional or technical firms in support of services provided by Emmet Berkery, P.E. will be billed at 1.15 times cost. • CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects �j THIS AGREEMENT, entered into this C? day day of IX4% �i��+i 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Emmet Berkery, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, CA 92663 (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 Statues of the State of California and the Charter of the City. B. CITY and CONSULTANT desire to enter into an agreement for Professional Civil Engineering services to manage implementation of Public Works capital improvement and cooperative projects within the City. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM A. The term of this agreement shall commence on the 15th day of November, 1995, and shall terminate on the 30th day of June 1996, unless terminated earlier as set forth herein. B. It is anticipated that project management services as provided for in this agreement will also be desired in the 1996/97 fiscal year. The term of this agreement may be extended by mutual consent of both parties under the terms of an amended Consultant Agreement approved by the City Manager. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT Project management services will include supervision of consultant firms preparing project studies, final plans and specifications; coordination and presentations to various Federal and State agencies necessary to obtain permits for the projects; preparation of cooperative agreements as necessary for funding and construction of the projects; negotiations with property owners to coordinate construction, obtain right -of- entry permits and right -of -way as required; coordination of various Federal, State, local and private parties as necessary to manage projects; and construction management I 1 services including contract administration, construction observation, scheduling and change order negotiation, preparation and processing. Public Works projects for which project management services are anticipated to be provided are: 1. El Paseo Storm Drain 2. Birch Street Bridge Widening over Corona del Mar Freeway 3. Upper Castaways Active and Passive Parks 4. Hoag Hospital Linear Park Design 5. CIOSA Open Space Parcels Conceptual Planning a. Newport Village b. Bayview Landing C. Freeway Reservation The City has a wide range of projects underway and the list of projects set forth above is not intended to be restrictive or all- inclusive. Project management services are intended to be available to the City staff on an as needed basis that allows flexibility and readjustment to meet requirements as they arise. CONSULTANT shall be available to city on an as needed basis up to an average of thirty (30) hours per week and shall provide project management services as noted above and as attached hereto set forth in Exhibit "A ", the proposal dated October 26, 1995. SECTION 3: COMPENSATION TO CONSULTANT A. CONSULTANT shall be compensated for services performed pursuant to this agreement by invoicing City for services rendered on a monthly basis. Fee shall be on a time and materials basis, based on standard hourly rates as set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $72,000.00. In the event of unforeseen changes or required additions to the work which are not outlined by this agreement, the Public Works Director may authorize additional compensation up to 15% of the original contract amount. Such work shall be performed on a time and materials basis at the rates shown in Exhibit "A ". B. It is anticipated that project management services as provided for in this agreement will also be desired in the 1996/97 fiscal year. Compensation under this agreement is for services over the remaining fiscal year. Compensation may be extended for services performed during the 1996/97 fiscal year by mutual consent of both parties under the terms of an amended Consultant Agreement approved by the City Manager. 2 0 0 SECTION 4: STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5: INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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. SECTION 6: 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 attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT'S negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the 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 the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the 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 from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class B or better carriers: A. Worker's compensation insurance covering all employees and principals of the 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 3 0 0 injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 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 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. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, subleasee, hypothecate or transferee shall acquire no right or interest by reason of such 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 venture or syndicate member or co- tenancy if CONSULTANT is a partnership or joint venture or syndicate or co- tenancy, 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 of the corporation. 4 0 0 SECTION 9: PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10: 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 upon final payment to the CONSULTANT. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11: 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 services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance 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 to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. c SECTION 12: 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 approved. 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 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Emmet Berkery, P.E. 3345 Newport Boulevard Suite 214 Newport Beach, CA 92663 (714) 673 -6446 SECTION 13: TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14: 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 attorneys' fees. SECTION 1S: COMPLIANCES 2 E n CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16: 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 a different character. SECTION 17: INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor APPROVED AS TO FORM: i City Attorney CONSULTANT f:3: ATTEST: 4'Ow CLERK 7 CONSULTANT AGREEMENT GEOTECHNICAL ENGINEERING SERVICES FOR EL PASEO STORM DRAIN THIS AGREEMENT, entered into this 13t4 day of 11996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and STONEY - MILLER CONSULTANTS, INC., whose address is 14 Hughes, Suite B -101, Irvine, CA 92718 (hereinafter referred to as "CONSULTANT') is made with reference 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 the City. B. CITY has identified a storm drain facility, known as El Paseo Storm Drain, as a necessary element of the City's Master Plan of Drainage. An improvement plan for the El Paseo Storm Drain was previously prepared and approved by the CITY in 1990. Construction of the El Paseo Storm Drain was subsequently deferred. CITY now wishes to construct the El Paseo Storm Drain in 1996. C. CITY wishes CONSULTANT to provide geotechnical engineering services relative to the El Paseo Storm Drain. said services. D. CITY and CONSULTANT now desire to enter into an agreement for NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TER The term of this Agreement shall commence on January 15, 1996, and shall terminate on December 31, 1996, uniess terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated December 20, 1995, attached hereto and identified as Exhibit "A ". 0 0 SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $17,500, which includes a $1,500 allowance for reproducibles.. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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. SECTION 6. 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 attorneys' fees arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies except workers' compensation and professional liability shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. 7 F P-M V A0 L0160 L• TO Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company authorized to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance with carriers having a Best's rating of Class B or better: 1. Worker's compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. 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. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall be endorsed to state that coverage shall not be 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 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. B. SUBROGATION WAIVER 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 7 0 0 insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement except for workers' compensation and professional liability. 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. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, 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. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such 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 of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. 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. 4 CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. 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 services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance 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 to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. 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 approved. 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 92663 Attention: John Wolter, Project Manager (714) 644 -3311 5 I : • • All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Stoney Miller Consultants, Inc. 14 Hughes, Suite B -101 Irvine, CA 92718 Attention: Mike Miller (714) 380 -4886 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. 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 attorneys' fees. SECTION 16. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. AW IVER 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. 6 0 0 SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: 'Vv UBLIC WORKS DIRECTOR APPROVED AS TO FORM: cdt-"`� City Attorney I: ATTEST: .tip :�•� �w CONSUL Vj i�c� December 20, 1995 STONEY - MILLER CONSULTANTS, INC. GEOTECHNICAL ENGINEERING & ENGINEERING GEOLOGY City of Newport Beach Proposal No: S5744 C/O Emmet Berkery, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, California 92663 Attention: Mr. Emmet Berkery, P.E. Subject: PROPOSAL FOR GEOTECHNICAL SERVICES El Paseo Storm Drain Newport Beach, California Gentlemen: In response to your request, we are submitting our proposal to perform Geotechnical Consulting Services for the proposed storm drain project. As part of this proposal we have reviewed plans (six sheets) prepared by Western Pacific Engineering for this project. (dated 6 -30 -92 and last revision 12- 29 -90) Our proposal has been divided into four significant portions as follows: Item 1: Letter review of previous reports to update as necessary. Item 2: Installation of a monitoring well and water sampling in the BCYC parking lot. Item 3: Provide geotechnical parameters for shoring design along El Paseo Drive. Item 4: Geotechnical observation and testing of construction. ITEM NO. 1• We will review construction plans from a geotechnical standpoint and review the previous soils reports specific to this site by this office. We will provide recommendations to update the reports and plans as required. Our estimated fee for providing these services is $1,200.00. 14 HUGHES, SUITE B -101 IRVINE CA 92718 (714) $80 -4886 * FAX (714) 455-9371 December 20, 1995 ITEM NO. 2: Proposal No: S5744 Page No: 2 We will develop and install a well on the BCYC site to monitor and sample existing groundwater. One 4 -inch diameter PVC groundwater monitoring well will be installed. Soil samples from the pilot boring for the monitoring well will be collected at approximate 5 -foot depth intervals for lithologic description and analyses. the monitoring well will be placed approximately 20 feet into the groundwater (approximately 10 feet BGS) at the site. The monitoring well will be constructed with 10 feet of Schedule 40 blank and 20 feet of slotted (0.020) PVC casing. The annular space between the borehole wall and the slotted casing will be filled with Monterey No. 3 Sand to a depth of approximately 2 to 3 feet above the slotted interval. A 2- to 3 -foot thick hydrated bentonite -chip seal will be placed above the sand pack. Bentonite grout will be used to seal the remainder of the annulus. A locking well cap will be installed on the top of the well casing. The wellhead will be completed below grade with a 12 -inch diameter, traffic rated meter box set in concrete at ground surface. Monitoring well construction permits will be obtained by SMC from the County of Orange Department of Health Services prior to their installation. We will provide testing of the water samples and prepare a written report of our findings. The actual scope of work for these services is difficult to determine at this time and will depend upon the requirements of the regulatory agencies. Our estimated fee for providing these services is $12,000.00. ITEM NO. 3: We would review the available geotechnical information and provide geotechnical parameters for shoring design. Our estimated fee for providing these services is $1,800.00, based upon using the existing soils information. This fee does not include actual design of the shoring, which is typically the responsibility of a structural engineer. ITEM NO. 4: We would provide geotechnical testing and observation services during construction. No schedule has been provided for construction, therefore we are not able to provide an estimate for these quality control services. However, the typical fees for testing and observation of underground construction is on the order of $550.00 per day. If services related to other items of construction are anticipated, we should be notified to provide an additional budget estimate. December 20, 1995 Summary Task Item No. 1: Item No. 2: Item No. 3: Item No. 4: Letter Review Monitoring Well Shoring Testing and Observation Proposal No: 55744 Page No: 3 Estimated Fee 1,200.00 12,000.00 1,800.00 Due to the lack of a schedule for this work, it is proposed that charges be based on hourly rates for engineering, for field testing, sampling and for laboratory testing. All invoicing would be in accordance with our 1993 Schedule of Fees and would reflect only actual time and costs incurred. Any change in plans could dictate additional work. Review of plan changes and/or other project requirements would be charged as additional cost in accordance with the accompanying fee schedule. If a modification in the scope of work is recommended, a contract Change Order will be prepared for your and mse tndt to your Please Ondersta period o 30 days and Ch Ant will make available tol osed c nditions of the site. The plans, pographic surveys, hydr( xgs, fiel or laboratory tests, and sultant a v new information whk dance by signin" it our price for the date of this t. If the con act meets and returni one cod�++' ie above m ntioned�+ox days we Knformation regarding existing and shall include, but not be limited to, and previouA soil data including rts. Client will immediately transm %r Hable or any change in plans. Consul nt shall not iable for an incorrect a 'ce, jud on any t accurate ' ormation furnis ed by Client h gen Rants a d Clie will indemnify Cons it against clai d out of o c tributed to by such info anon. No rra of any kind whatsoever, a ress or implied, is i 06 with t e work to be performed by onsultant or by the ing or oth services or by the furnishin of oral or written M ent, or decision or his other mands. or liabil intended or to qt STONEY - MILLER CONSULTANTS, INC. . GEOTECHNICAL ENGINEERING & ENGINEERING GEOLOGY SCHEDULE OF PROFESSIONAL FEES - 1993 PROFESSIONAL SERVICES Principal Engineer /Geologist $125.00/Hr. Senior Engineer/Geologist 100.00/Hr. Project Engineer/Geologist 80.00/Hr. Staff Engineer/Geologist 69.00/Hr. Field Technician I 49.00/Hr. Field Technician II 54.00/Hr. Field Technician III 59.00/HT. Engineering Assistant 49.00/Hr. Draftsman 44.00/Hr. Technical Typist 37.00/Hr. Secretarial Services 30.00/Hr. Pick -Up and Delivery 28.00/Hr. Accounting/Administration 44.00/Hr. LABORATORY UNIT PRICES Sieve Analysis (No Hydrometer) 80 -00 Ea. #200 Wash Sieve 44.00 Ea. Sieve Analysis (Base) 110.00 Ea. Sand Equivalent 61.00 Ea. Hydrometer With Sieve 121.00 Ea. Atterberg limits 100.00 Ea. Moisture Content 11.00 Ea. Moisture/Density(Ring) 18.00 Ea. Maximum Density (Standard) 121.00 Ea, Maximum Density (Mod. or Calif.) 146.00 Ea,, Direct Shear- Quick, Undisturbed 165.00 Ea. Direct Sbear -Slow, Undisturbed 264.00 Ea. Direct Shear - Quick, Remolded 210.00 Ea. Direct Shear-Slow, Remolded 310.00 Ea. Consolidation, Time Rate 193.00 Ea. Consolidation, Incremental 138.00 Ea. Expausiou Index 92.00 Ea. Corrosivity Series 120.00 Ea, R -Value 199.00 Ea. SPECIAL EQUIPMENT Field Vehicle (Portal to Portal) 4.00/Hr. Vehicle - Mileage 0.35/Mi. Nuclear Density Gauge 8.00/Hr. Computer Time 20.00/Hr. Inclinometer 100.00/Hr. SPECIAL FEES Professional fees for court appearance, expert witness and deposition are charged at $200.00 per hour. Investigation and preparation time for testimony will be charged at the appropriate fee schedule rate. Overtime, where applicable, will be charged at 1.5 times the hourly rate for time worked in excess of 8 hours per day and 40 hours per week REIMBURSABLE EXPENSES Outside services performed by others, and direct costs expended on the client's behalf, are charged at cost plus 20%. These expenses include rental of drill rigs, equipment, permits, reproductions, etc. Travel time required to provide services will be charged at the appropriate hourly rate. TERMS OF PAYMENT Invoices rendered for professional services are due upon presentation. A service charge of 1.5% per month may be charged on accounts not paid within 30 days. Any attorney's fees Or other costs incurred in collecting any delinquent account will be paid by the client. Any amount due Consultant not paid when due shall bear interest at the maximum rate then allowable by law from the date due, but in no event shall such interest be less than ten percent (10 %). Such interest shall not be payable on late charges. Any attorney's fees or other costs incurred in collecting any delinquent account will be paid by the Client. 14 HUGHES, SUITE B -101 IRVINE, CA 92718 (714) 380 -4886 • FAX (7141)455-9371 • • ENVIRONMENTAL CONSULTING SERVICES FOR EL PASEO STORM DRAIN THIS AGREEMENT, entered into this 14-7 41, day of ,1996, by and between the CITY OF NEWPORT BEACH, a icipal corporation, (hereinafter referred to as "CITY ") and LSA ASSOCIATES, INC., whose address is One Park Plaza, Suite 500, Irvine, CA 92714 (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 the City. B. CITY has identified a storm drain facility, known as El Paseo Storm Drain, as a necessary element of the City's Master Plan of Drainage. An improvement plan for the El Paseo Storm Drain was previously prepared and approved by the CITY in 1990. Construction of the El Paseo Storm Drain was subsequently deferred. CITY now wishes to construct the El Paseo Storm Drain in 1996. C. CITY wishes CONSULTANT to provide professional environmental consulting services relative to the El Paseo Storm Drain. said services. D. CITY and CONSULTANT now desire to enter into an agreement for NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on January 15, 1996, and shall terminate on December 31, 1996, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated December 8, 1995, attached hereto and identified as Exhibit "A ". SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. Billing shall be on a time and materials basis according to the standard rates set forth in Exhibit B, attached =0Iy 0 0 hereto and incorporated herein by this reference. The maximum fee shall not exceed $11,000.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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. SECTION 6. 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 attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies except workers' compensation and professional liability shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company authorized to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance: 1. Worker's compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 01 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. 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. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall provide that coverage shall not be 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 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. C. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement, except for workers' compensation and professional liability. 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. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. K E 0 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. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such 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 of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. 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. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. 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 services required under this Agreement. 4 Ll CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance 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 to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. 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 approved. 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 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: LSA Associates, Inc. One Park Plaza, Suite 500 Irvine, California 92714 Attention Carolyn Lobell (714) 553 -0666 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. 5 SECTION 14. 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 attorneys' fees. SECTION 16. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. AW IVER 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. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: L, PUBLIC WORKS DIRECTOR �Cr /, CONSULTANT BY: co ATTEST: NSULTANT CITY CLERK L 6 C' �''f4 Principals Rnb Balm 1n'n C"I"i.... 1,; Cmi Sa, , c,:,,,r „d,» Rag” 11,nris 't 11r,» „tech, Lars'S Kcrnriag, Gcu�c h }nilk,. Q,rulhu 1 uGell Bill and .Nrca,,,t Rnb St; on I..It, .V.d<vLn /..Sp?.... A;,Q,,.,te, U<Gor.,L B:acr c,nnt;e c.,tin Rnsi Uo(hvrtc�m K, limLcr Rvlsrd [Ln�l.¢i,- .Ilichki, 76e1.9enm Clint KelLrer Karon ftwlv:” Be „so» lee sarni,,., Ciel,ous EXHIBIT A LSA December 8, 1995 City of Newport Beach Public Works Department c/o Mr. Emmet Berkery, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 0 1_sA :1,<ocI,ite” 1n,. Utarr'mmteutal Analysts b'.anpnnatinn &rynt,e�i,tg Rcs,npYS ll.wa, ,cwenr Cunnn:... tIy PLpmmg F,alogi,;d Rcao imon Rrsomrr lC, %munric Subject: Proposal for Environmental Documentation, El Paseo Storm Drain Dear Mr. Berkery: LSA Associates, Inc. (LSA) is pleased to submit this proposal to prepare envi- ronmental documentation for the El Paseo Storm Drain (also called Corpo- rate Plaza Storm Drain). LSA prepared an Initial Study/Negative Declaration (ND) for the project in 1980 and, since only a small piece of the project has been constructed, there is a need to evaluate the current project and deter- mine whether the previous ND adequately addresses the project. Our pro- posed scope of work and budget are provided below. Scope of Work .11. �e "B,11' n Ow,, ,-t' LSA will prepare a new Initial Study, using the most current City format and Awb,� P t,» current standard conditions and mitigation measures. Information on the ]`1` 11 `1' °" proiect and surrounding conditions will be updated as appropriate. In particular, we will update the analysis of tree removal and water quality. The water quality analysis will be based on existing information available in other documents. We will also update the air quality section to reflect SCAQMD criteria adopted after the previous ND was prepared. Revised mitigation measures will be included where new standards/language apply. We will make recommendations for refined mitigation for the removal of mature trees along El Paseo Drive. The City will provide updated information on the project description, soils and geology, and the condition of the trees to be removed. The goal of the Initial Study will be to demonstrate that an Addendum is adequate and that no new ND is required. The CEQA Guidelines state that 12/07/95(6: •.PROPOSAL•.ZZZ511E.PRO) One Park Plaza, Swte 500 Teleph(me 714 553 -0666 Irvine, Ca1tfornia)2714 Low,de 7145538076 C� • LSA Associates, Inc. an "addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary." Whether the addendum conclusion can be supported will depend on the analysis to be conducted. Once we have completed a Screencheck Initial Study and it has been review- ed by the City, we will meet with the City to discuss the environmental clear- ance approach based on our conclusions. If it is determined that an Adden- dum is appropriate, LSA will make any revisions to the document based on City comments, and will provide a final copy to the City. If it is determined that an Addendum is not appropriate, LSA will submit an additional scope of work to the City to address the remaining tasks. Scbedule LSA will complete the Screencheck Initial Study within two weeks of authori- zation to proceed, provided that the updated information from the City is transmitted within the first week of our preparation schedule. Budget LSA proposes to complete the tasks outlined above on a time and materials basis for a not to exceed amount of $11,000 (which includes $10,700 for labor and $300 for reimbursables). Thank you for requesting this proposal from LSA We look forward to assist- ing you with this project. Very truly yours, LSA ASSOCIATES, INC. 604ceh� Carollyn Lobell Principal 12/07/95(Lr.PROPOSAL %ZZZ511 E.PRO) 2 EYJIIB1T HOURLY BILLING RATES OCTOBER 4, 1993 Job ClassWatlon B• LSAAuodates, Ina Hourly Rate' PRINCIPAL $100 -165 ASSOCIATERROJECT MANAGER $ 65 -120 ASSISTANT PROJECT MANAGER $ 50 -75 PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST $ 45 -70 ENVIRONMENTAL ANALYST /ASST. PLANNER/ASST. ENGINEER $ 40-60 FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGY/BIOLOGY) " $ 35 -50 RESEARCH ASSISTANTMCHNICIAN $ 25 -50 FIELD CREW $ 15 -40 GRAPHICS $ 50 OFFICE ASSISTANT $ 35 WORD PROCESSING $ 45 ' The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $175 per hour regardless of job classification. 01/04i96(L,.c0RP•coNTRACT.PR0) 3 :i KS _ Ziff "10 :JI:1:k1Th11 I CIVIL ENGINEERING SERVICES FOR EL PASEO STORM DRAIN THIS AGREEMENT, entered into this XJ ` day of 1996, by and between the CITY OF NEWPORT BEACH, a nicipal corpor ion, (hereinafter referred to as "CITY ") and Hall and Foreman, Inc., 13821 Newport Avenue, Suite 200, Tustin, CA 92680 -7803 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: I.1[4L9Mffl�E -� 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 the City. B. CITY has identified a storm drain facility, known as El Paseo Storm Drain, as a necessary element of the City's Master Plan of Drainage. An improvement plan for the El Paseo Storm Drain was previously prepared and approved by the CITY in 1990. Construction of the El Paseo Storm Drain was subsequently deferred. CITY now wishes to construct the El Paseo Storm Drain in 1996. C. CITY wishes CONSULTANT to provide professional civil engineering design services relative to the El Paseo Storm Drain. D. CITY and CONSULTANT now desire to enter into an agreement for engineering services related to the El Paseo Storm Drain. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on January 15, 1996, and shall terminate on December 31, 1996, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated December 20, 1995, attached hereto and identified as Exhibit "A ". 0 SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. Billing shall be on a time and materials basis according to the schedule of hourly rates set forth in Exhibit B, attached hereto and incorporated herein by this reference/ The maximum fee shall not exceed $26,000.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 6. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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. SECTION 6. 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 attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein (with the exception of professional liability and Workman's Compensation insurance). PA 0 0 Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company certified to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance with carriers having a Best's rating of Class B or better: 1. Worker's compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. 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. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. 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 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. B. SUBROGATION WAIVER 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 3 0 0 insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement except for workers' compensation and professional liability. 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. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, 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. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such 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 of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. 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. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of 4 0 such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. 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 services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance 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 to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. 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 approved. 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 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Hall and Foreman,lnc. 13821 Newport Avenue, Suite 200 Tustin, CA 92680 -7803 Attention: Warner Younis (714) 544 -3404 E SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. 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 attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER 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. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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. R • • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: Ci Attorney ATTEST: CITY CLERK f ( _ f U .. a<<F�uCa CITY OF NEWPORT BEACH, a municipal cor oration 1 PUBLIC WORKS DIRECTOR CONSULTANT BY: l CONSULT 1 2. 3. 4. 5. 6. 7. 8. 0 0 EXHIBIT "A" SCOPE OF SERVICES and FEE PROPOSAL Review previously approved plans and hydrology study(s) and re -sign and re -stamp name. $ 2,600 Prepare contract bid documents in standard City of Newport Beach format. 2,080 Provide coordination and assistance to CNB project manager for the following items: 2,080 (a) Utility Notification and Coordination (b) Coastal Commission Permit (c) Caltrans Encroachment Permit Provide coordination and assistance to CNB during bid process. 6,000 Construction coordination. 6,000 Prepare traffic detour plans for Pacific Coast Highway. 1,780 Revisions to plans requested by the City. 4,000 Reimbursables. 1,460 $26,000 CIFN= C:NSL14Mi: .....,._ n pas; ■m ®r ■■F OFFICE: SURVEY: 0 a EXHIBIT "B" SCHEDULE OF HOURLY BILLING RATES Effective through July 31, 1996 Principal $130.00/Hour Project Director /Sr. Project Manager $110.00 /Hour Project Manager $100.00/Hour Project Engineer /Project Surveyor $ 95.00 /Hour CADD Designer $ 95.00 /Hour Designer $ 75.00 /Hour CADD Drafter /Drafter $ 70.00 /Hour Engineering Aide /Administration $ 40.00 /Hour Expert Witness $250.00 /Hour Survey Manager $100.00 /Hour 3 -Man Survey Party $195.00 /Hour 2 -Man Survey Party $155.00 /Hour Note 1: It is Consultant's policy to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and understood that all invoices will be considered delinquent sixty (60) days after invoice date. If invoice remains unpaid on the sixty -first (61st) day after invoice date, Consultant will stop work on this project, and ninety (90) days after invoice date Consultant will lien the property. Certificate of Insurance J THIS 9ERTIFICATE IS ISSUED AS A MATTER OF INFORMA NLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFIGA LDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that HALL & FOREMAN INC 13821 NEWPORT AVENUE SUITE #200 TUSTIN CA 92680 Name and �— address of Insured. LIBERTY MUTUAL.. Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. ' If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. Liberty Mutual SPECIAL NOTICE -OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS Insurance Group AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 3D DAYS NOTICE OF suCtl.CANCELLATION HAS BEEN MAILED TO: i CITY OF NEWPORT BEACH M:ffM1E ATTN EMMET BERKERY, P.E. HOIDB1 3345 NEWPORT BOULEVARD STE 215 NEWPORT BEACH CA 92663 This certlticete 1s eeecuted by LIBERTY MUTUAL INSURANCE GROUP as respects such Insurance as ORANGE A HORIZED REPRESENTATIVE , 937 -1400 1 -12 -96 11I EXP.DATE , `I el CONTINUOUS I TYPE OF POLICY i ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY © POLICYTERM WORKERS COMPENSATION COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY Bodily injury By Accident j 9/1/96 WC1- 161 - 036485 -055 CA I $1,000.000 Each Bodily Injury By Disease I $1,000,000 Policy Limit Bodily injury By Disease Each $1,000,000 Per >cn i General Aggregate- Other than Products /Completed Operations GENERAL LIABILITY $2,000,000 Products /Completed Operations Aggregate $1,000,000 IX OCCURRENCE 9/1/96 YY2 -561- 036485 -015 I� CLAIMS MADE Bodily Injury and Property Damage Liability Per $1,000,000 Occurrence Personal and Advertising Injury PIETRO DATE Per Person/ $1,000,000 Organization it 'I I` Other Other AUTOMOBILE LIABILITY Each Accident - Single Limit $1,000,000 B.I. and P.D. Combined Each Person X OWNED I 9/1/96 AS7- 161 - 036485 -025 I Each Accident or Occurrence i I X NON -OWNED X HIRED Each Accident or Occurrence j OTHER UMBRELLA 91 THl- 161 - 036485 -035 $1,000,000 EXCESS I ADDITIONAL COMMENTS ALL OPERATIONS ADDITIONAL INSURED: CITY OF NEWPORT BEACH ITS ELECTED OFFICIALS, OFFICERS AND EMPLOYEES PROJECT: EL PASEO STORM DRAIN ' If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. Liberty Mutual SPECIAL NOTICE -OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS Insurance Group AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 3D DAYS NOTICE OF suCtl.CANCELLATION HAS BEEN MAILED TO: i CITY OF NEWPORT BEACH M:ffM1E ATTN EMMET BERKERY, P.E. HOIDB1 3345 NEWPORT BOULEVARD STE 215 NEWPORT BEACH CA 92663 This certlticete 1s eeecuted by LIBERTY MUTUAL INSURANCE GROUP as respects such Insurance as ORANGE A HORIZED REPRESENTATIVE , 937 -1400 1 -12 -96 11I RELEASE AGREEMENT This Release Agreement, entered into this 29th day of September, 1997, between STEVE P. RADOS, INC. ( "RADOS ") and the CITY OF NEWPORT BEACH ( "CITY "), is made and entered into between the parties with respect to the following facts: RECITALS A. RADOS executed a contract with CITY to construct the E1 Paseo Storm Drain, Contract No. C -3074 ( "the Project ") . During construction RADOS encountered a utility line owned by Southern California Edison ( "SCE") on June -17, 1996. SCE has filed a claim against CITY and RADOS in the amount of $15,231.51 ( "Claim of SCE"). B. The City Council accepted the Project as complete on April 14, 1997. The CITY and RADOS wish to mutually release the other from claims arising from the construction of the E1 Paseo Storm Drain. NOW, THEREFORE, in consideration of the promises and respective representations and agreements contained herein, RADOS and the CITY agree as follows: 1. RADOS and CITY acknowledge that each has read and understands the recitals contained above and that the recitals are true and correct. 2. The parties agree that this Release is made to resolve disputed claims, without any admission of liability on the part of either party, and any release or waivers hereunder shall not be construed as an admission of liability. 3. The CITY assumes all responsibility for the Claim of SCE and shall indemnify, defend, and hold RADOS and its sureties harmless from all liability, damages, costs, expense and attorneys' fees incurred by RADOS on account of the Claim of SCE. 4. Except for obligations arising under the terms of this Release Agreement or as otherwise expressly provided in this Release Agreement, CITY hereby releases and discharges RADOS and its sureties from any and all claims, liabilities, causes of action, liens, liabilities or expenses of any kind, known or unknown, suspected or unsuspected, which CITY had, has or may have related in any way to construction of the El Paseo Storm Drain including but not limited to any claims made by Southern California Edison. 5. Except for obligations arising under the terms of this Release Agreement or as otherwise expressly provided in this Release Agreement, RADOS hereby releases and discharges CITY from any and all claims, causes of action in law or equity, liens, liabilities or any expenses of any kind whatsoever known or unknown, suspected or unsuspected which RADOS had, has or may have relating in any way to RADOS' construction of the E1 Paseo Storm Drain. 6. The releases provided by the parties herein do not apply to or affect any liability for: (a) latent defects, or (b) warranty claims made during the contractual warranty period. 7. This Agreement constitutes the entire Agreement among the parties and the terms of the Agreement are contractual and not mere recitals. S. This Agreement may not be altered, amended, modified or otherwise changed except if made in writing, by authorized representatives of both parties. 9. The parties acknowledge that this Release Agreement has been negotiated and hereby have expressly waived any and all rights which they may have under Section 1542 of the California Civil Code, or under any other similar federal statute as to any and all claims that refer or relate to the releases made by this Agreement. Section 1542 of the California Civil Code reads: debtor. WHEREFORE, the parties execute this Release Agreement as of the date set forth herein as to all parties. Dated: SRP' rba rti 2v7�L--7 Dated: /o STEVE, P. RADOS, INC. By Alexander S. Rados Its President City of Newport Beach M Its May 27, 1997 i • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Steve P. Rados Company P.O. Box 15128 Santa Ana, CA 92735 -0128 (714) 6443005 Subject: Surety: American Home Assurance Company Bond No.: 16 -92 -31 Contract No.: C -3074 Project: E1 Paseo Storm Drain On April 14, 1997, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on April 22, 1997, Reference No. 19970184102. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:ib cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUEST aBY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorcea in the ountf orange, catirornia c 111111111Gary 1111i111111111111f11111111 {11111111{11111111111erk/R r No Fee 19970184102 OUR 04/22/91 005 20011038 20 33 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording Jon to Government Code Section 5103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Steve P. Rados, Inc. as .5-� Contractor, entered into a Contract on May 10, 1996 Said Contract set forth certain improvements, as follows: (Snn E1 Paseo Storm Drain, Contract No. 3074 �I Work on said Contract was completed on February 7, 1997 I and was found to be acceptable on April 14, 1997 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Home Assurance Company // \ n n t-ic Works Director ty of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on / 'k LX7- ,/ /(�r . / `7 7 / , at Newport Beach, California. BY City Clerk 0 April 14, 1997 APR�j 4`I997 _ ' CITY COUNCIL AGENDA ITEM NO. 15 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: COMPLETION AND ACCEPTANCE OF EL PASEO STORM DRAIN CONTRACT NO. 3074 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract, a cooperative project with The Irvine Company, provided for the construction of a new storm drain system to handle runoff from a drainage area of over 500 acres, including two thirds of Fashion Island, Corporate Plaza East and West, Design Plaza, the Harbor View tracts, Central Library, and a large portion of Irvine Terrace. The pipe installed ranges from 72" at the upstream end to 102" at the outlet structure. A project location map is attached. The project was constructed by Steve P. Rados, Inc. of Santa Ana, CA, and all work has been completed to the satisfaction of the Public Works Department. Twenty two (22) contract change orders were issued to complete the project. The majority of the change orders were due to unforeseen conditions and modifications to the design required due to existing conditions of existing structures in the field differing from that shown on as -built plans. AMOUNT Contract Bid Price $2,195,959.00 Amount of unit price items constructed $2,231,885.00 Amount of Contract Change Orders (5.45 %) $120,357.96 Total Contract Cost $2,352,242.96 Twenty two (22) contract change orders were issued to complete the project. The majority of the change orders were due to unforeseen conditions and modifications to the design required due to existing conditions of existing structures in the field differing from that shown on as -built plans. s • SUBJECT: COMPLETION AND ACCEPTANCE OF EL PASEO STORM DRAIN CONTRACT NO. 3074 April 14, 1997 Page 2 'C The most significant change orders involved modification of the existing transition structure at the downstream outlet of the storm drain, modification of an existing transition structure in the intersection of El Paseo Drive and Bayside Drive, breaking out an existing buried concrete column encountered during pipe jacking operations in East Coast Highway, and removal or unstable subgrade material and placement of stabilizing fill to allow reconstruction of Seadrift Drive south of El Paseo Drive. The contract completion date was March 5, 1997, and all work was complete on February 7, 1997. The contract landscape maintenance period will continue through May 3, 1997. Steve P. Rados, Inc. was very cooperative and responsive in working with staff as well as with adjacent residents and property owners, the traveling public, and users of Irvine Terrace Park. All work was completed in a timely and professional manner, and with a high degree of workmanship. All funds for the project were budgeted in Account No. E029606. Don by: DEPARTMENT Marla Matlove Senior Civil Engineer Attachment: Location Map • 1 0 s A DRIB rz A NOT TO SCALE Cl • TO: Mayor and Members of the City Council FROM: Public Works Department 40 April 22, 1996 CITY COUNCIL AGENDA ITEM NO. 6 SUBJECT: EL PASEO STORM DRAIN - CONTRACT NO. 3074 RECOMMENDATION: Accept the bids received and award Contract No. 3074 for the contract price of $2,168,959.00 to the low bidder, Steve P. Rados Co., Inc., and authorize a project management, construction engineering and contingency amount of $321,583.00. DISCUSSION: At 1:30 p.m. on April 10, 1996, the City Clerk publicly opened and read aloud the following bids for the subject project: (1) Corrected figure. An amount of $2,168,959 was read All 4 bids were less than the engineer's estimate of $2,766,000 and the low bid is 22% less than the engineer's estimate. Steve P. Rados is a well - qualified contractor with over 20 years experience performing freeway, street and storm drain projects similar in scope and magnitude, including the Lower Santa Ana River Channel in 1991, which was a $43,000,000 contract. More recently they have done the Moulton Bridge and the Laguna Canyon Bridge subcontracts within the San Joaquin Hills Transportation Corridor for California Corridor Constructors. They also constructed the Pacific Coast Highway bridge over the Santa Ana River. The El Paseo Storm Drain is a cooperative project between The Irvine Company and the City, and is a master drainage plan facility. Construction is divided into 3 separate and distinct phases: • 1. Bahia Corinthian Yacht Club (May -June) 2. El Paseo Drive (July- August) 3. Irvine Terrace Park and East Coast Highway (September- October). TOTAL BID RANKING BIDDER PRICE Low Steve P. Rados Company $2,195,959.00 (1) 2 Colich and Sons $2,283,956.00 3 Vidmar Inc. $2,354,517.75 4 Wal -Con Construction Co. $2,589,546.00 (1) Corrected figure. An amount of $2,168,959 was read All 4 bids were less than the engineer's estimate of $2,766,000 and the low bid is 22% less than the engineer's estimate. Steve P. Rados is a well - qualified contractor with over 20 years experience performing freeway, street and storm drain projects similar in scope and magnitude, including the Lower Santa Ana River Channel in 1991, which was a $43,000,000 contract. More recently they have done the Moulton Bridge and the Laguna Canyon Bridge subcontracts within the San Joaquin Hills Transportation Corridor for California Corridor Constructors. They also constructed the Pacific Coast Highway bridge over the Santa Ana River. The El Paseo Storm Drain is a cooperative project between The Irvine Company and the City, and is a master drainage plan facility. Construction is divided into 3 separate and distinct phases: • 1. Bahia Corinthian Yacht Club (May -June) 2. El Paseo Drive (July- August) 3. Irvine Terrace Park and East Coast Highway (September- October). 0 4 SUBJECT: EL PASEO STORM DRAIN - CONTRACT NO. 3074 April 22, 1996 Page 2 Public Works Department staff members and project consultants have initiated discussions with the Bahia Corinthian Yacht Club to coordinate the portion of the work within their project (Phase 1) and will continue to meet with the Yacht Club on a continuing basis to address their concerns. In addition, staff is recommending the City Council approve a contract for construction management and inspection services (see Council Memo referring to construction management services for the project). One of the main duties of this firm would be coordination with B.C.Y.C. A permit has been approved for this project by the California Coastal Commission and receipt of the permit is expected shortly. Funds for the project are available in the current budget from CIOSA funds in the amount of $2,800,000 (Account No. 7432- C5100296). With approval of the contract, contingency amount, and construction management services, and a budget allowance of $50,000.00 for geotechnical and materials testing services, funds would be encumbered as follows: CONTRACTORS Steve P. Rados Inc. Contract No. 3074 Contingency Rialto Concrete Products Construction Management and Inspection (Harris & Associates) Geotechnical and Materials Testing Design review and project management AMOUNT $2,195,959.00 321,583.00 29,003.00 (a) 118,500.00 50,000.00 85,000.00 (b) TOTAL $2,800,000.00 (a) In order to expedite Phase 1 work, fabrication of the larger diameter pipe to be installed within B.C.Y.C. was ordered via a separate contract. (b) This work was previously authorized and is on- going. Respectfully submitted, �ci, Q0.' J ?� . �`�G >.�uu � , �.•.� Public Works Department Don Webb, Director by 1 Le Emmet Berkery Project Consultant • • a • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Colich & Sons 547 W. 140th Street Gardena, CA 90248 Gentlemen: (714) 644 -3005 May 28, 1996 Thank you for your courtesy in recently submitting a bid for the El Paseo Storm Drain project 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 By 1)(,(ncy C. Lacey, Acting City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Vidmar Inc. 11155 Rush Street So. El Monte, CA 91733 Gentlemen: (714) 644 -3005 May 28,1996 Thank you for your courtesy in recently submitting a bid for the El Paseo Storm Drain project 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 B cy C. Lace , r;?K Y Y Y Acting City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Wal -Con Construction Co. C -17 Phillips Ave. Surfside, CA 90743 Gentlemen: (714) 644 -3005 May 28, 1996 Thank you for your courtesy in recently submitting a bid for the El Paseo Storm Drain project 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 By /NaKcy C. Lacey, 7C Acting City Clerk 3300 Newport Boulevard, Newport Beach NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92659 -1768 until 11:00 a.m, on the 10th day of Avril ,1996. at which time such bids will be opened and read for: EL PASEO STORM DRAIN Title of Project 3074 Contract No. $2,776,000 Engineer's Estimate �W ,E For further information, please contact Emmet Berkely at (714) 673 -6446. Project Consultant 0 0 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EL PASEO STORM DRAIN ADDENDUM NO. 1 CONTRACT NO. 3074 April 5, 1996 1. Clarifications, modifications and additions to the plans and specifications are discussed in more detail in the following sheets of this addendum. 2. Bidders must sign Sheet I of Addendum No. I and attach it to the Bid Proposal. No bid will be considered unless sheet No. 1 of Addendum No. I is signed and attached. Emmet Berkery Project Management Consultan Steve P. Rados, Inc. Bidders Name (please print) t Authorized Signature Alexander S. Rados President 0 0 EL PASEO STORM DRAIN ADDENDUM NO. 1 Discussion 1. The bid opening for this contract is rescheduled from 11:00 a.m. on the 10th day of April, 1996 to 1:30 p.m, on the 10th day of April, 1996. 2. A pre -bid meeting (attendance optional) was held on April 3, 1996, in the City Council Chambers. An attendance list is included with this Addendum. 3. The City of Newport Beach has awarded a contract to Rialto Concrete Products (2250 W. Lowell Street/P.O. Box 3981, Rialto, California 92337 /Attention: Jerry Cowden/Phone: 909 - 822 - 0200). Their contract calls for fabrication and delivery of the 102 inch and 60 inch reinforced concrete pipe to be installed within Phase I. The Contractor will be responsible for coordinating delivery of this pipe. Bidders are encouraged to contact Rialto Concrete Products for further information. 4. Liquidated damages for this contract are as follows: Phase I (excluding landscaping) $3,000 /day Phases 2 - 4 $500 /day 5. Bid item 8 is 8 lineal feet of 18" RCP. 6. There are two additional bid items: a. 39 Remove and replace existing parking lot pavement b. 40 Pressure plate manhole covers 7. A Caltrans encroachment permit has been issued for this project. A copy is included with this Addendum. 8. A horticultural report was prepared for this project addressing existing trees impacted by this project. A copy is included with this Addendum and the recommendations contained therein are to be considered a part of the contract special provisions. 0 0 9. The existing Southern California Edison poles within the project limits are to be protected in place. The Contractor shall coordinate this work with Southern California Edison and shall comply with their requirements. 10. Street pavement replacement sections shall be a minimum of 4" A.C. /8" U.B. Asphalt shall be placed in two lifts with the surface course being a minimum 1 inch in thickness. 11. It is the intention of the City of Newport Beach that the existing coral trees on El Pasco Drive be protected in place. Bidders are referred to the horticultural report. If any coral tree(s) die as a result of the contractor's operations, it (they) shall be replaced with a new tree of similar size and species, at no additional compensation. 12. For de- watering of trenches and excavations bidders should assume that silt and any other solids must be removed by an acceptable method, and the water will be discharged into the harbor, or into the nearest sanitary sewer, again by a method acceptable to the Engineer. Bidders should assume no chemical treatment is required. 13. Bidders are advised record plans of the existing 54 inch storm drain are available for pickup at the Public Works counter (1 set per bidder). 14. Due to opening day festivities scheduled by the Bahia Corinthian Yacht Club, the schedule for Phase 1 is revised as follows: No work shall begin prior to May 13, 1996 and all work shall be complete by July 3, 1996, excluding landscaping. The schedule for the remaining phases shall be adjusted accordingly. 15. Existing storm drain pipes to be abandoned in place shall be filled with a two (2) sack slurry mix. 16. Prior to commencing work within Irvine Terrace Park, the Engineer will arrange a walk through of the Park with the Contractor and representatives of the City's General Services Department. The purpose of the walk through is: a. Arrange a demonstration of the irrigation system and establish, as much as possible, the location of irrigation mains, laterals and sprinklers. The Contractor will be required to map the system he encounters during his operation and to keep a concise record. b. Establish the limits of the Contractor's operations. 3 • • C. Coordinate access to the playground areas and tennis courts for the public during the Contractor's operations. d. Establish the nature and location of existing park improvements. 17. The top one foot of trench backfill material within Phase 3 shall be approved by the Engineer for suitability for landscaping prior to placement. 18. The restriction against driven piles is not meant to preclude the use of sheet piling for trench support. The Contractor will be required to submit plans for his method of shoring to the Engineer for approval and shall demonstrate the method of shoring will not cause damage to adjacent structures. 19. The maximum length of permissible open trench within Phases 2 and 3 is 70 lineal feet. M 0 • El Paseo Storm Drain Pre -Bid April 3, 1996 Attendance List Name Firm J. Frank Artukovich Murray Co. Mark Artukovich Vidmar Co. Jeff Quigley Vidmar Co. Doug Paletsas Colich & Sons Gary Campbell Clarke Construction Steve Hennes J.W. Contracting Les Card K.E.C. Jerry Cowden Rialto Concrete Products Frank Granich Wal -Con Construction Dan Deming Ken Thompson, Inc. Emmet Berkery City of Newport Beach Thomas Criss Harris and Assoc. Rob McCarthy Stoney - Miller Consultants Warner Younis Hall & Foreman 5 V4/V6/80 1J:11 CAA 11401J�0 . Steve P. Rados, Inc. 2002 E. McFadden Avenue P.O_ Box 15128 Santa Ana, CA 92705 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 EL PASEO STORM DRAIN CONTRACT NO: C-3074 April 8, 1996 1. Reinforced concrete pipe joints shall conform to the provisions contained in Section 207 -2.5 of the Standard Specifications for Public Works Construction (Greenbook). The requirement for rubber - gasketed joints only applies to the 102 inch diameter pipe being furnished by the City under a separate contract. 2. Bidders are directed to make a photocopy of this transmittal, sign it and attach it to the Bid Proposal. Bidders are also reminded to sign and attached Sheet No. 1 of Addendum No. 1 as well. No bid will be considered unless Sheet No. 1 of Addendum No. 1 and a copy of Addendum No. 2 are signed and attached. Emmet Berkery Project Management Steve P. Rados, Inc. Bidders Name Authorized Signature Alexander S. Rados President �L VVl • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EL PASEO DRIVE STORM DRIAN CONTRACT NO. 3074 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: i The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 3074 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 139 LF 102: RCP (City furnished pipe) @ Five thousand seven hundred seventy five Dollars and No /100 Cents $5,775 $802,725 2. 491 LF 84" RCP @ One hundred forty Dollars and No 1100 Cents $ 140 $ 68,740 ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 3. 929 LF 75" RCP @ Four hundred Dollars and No /100 Cents $ 400 $371,600 4. 161 LF JACK 69" RCP @ Six hundred fifty Dollars and No /100 Cents $ 650 $104,650 5. 110 LF 69" RCP @ One hundred fifty Dollars and No /100 Cents $ 150 $ 16,500 6. 12 LF 60" RCP (City furnished pipe) @ Two hundred fifty Dollars and No /100 Cents $ 250 $ 3,000 7. 60 LF 24" RCP @ One hundred Dollars and No /100 Cents $ 100 $ 6,000 8. 8 LF 18" RCP @ One hundred fifty Dollars and No /100 Cents $ 150 $ 1,200 9. LS MODIFY TRANS. STRUCTURE @ Twenty two thousand Dollars and No /100 Cents $22,000 $ 22,000 9 0 ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 10. LS TRANS. STIR. #1 @ Three thousand five hundred Dollars and No /100 Cents $ 3,500 $ 3,500 11. 4 EA JUNCTION STIR #1 @ Five thousand Dollars and No /100 Cents $ 5,000 $ 20,000 12. 140 LF REMOVE 69" & 75" RCP @ One hundred twenty -five Dollars and No /100 Cents $ 125 $ 17,500 13. 85 LF PRESS. GROUT 72" RCP @ Seventy Dollars and No /100 Cents $ 70 $ 5,950 14. 1 EA MANHOLE #4 @ Seventeen thousand Dollars and No /100 Cents $17,000 $ 17,000 15. 5 EA PIPE CONN. ASSEMBLY @ Five hundred Dollars and No /100 Cents $ 500 $ 2,500 16. 2 EA CONCRETE COLLARS @ Five hundred Dollars and No /100 Cents $ 500 $ 1,000 • • ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. 3 EA PCC PLUG @ Five hundred Dollars and No /100 Cents 18. 3700 SF REMOVE & REPLACE PCC SIDEWALK @ Four Dollars and No /100 Cents 19. 642 LF REMOVE & REPLACE PCC CURB /GUTTER @ Fifteen Dollars and No /100 Cents 20. 81 LF REMOVE & REPLACE BLOCK WALL @ Seventy five Dollars and No /100 Cents 21. LS REMOVE & REPLACE RAILROAD TIE @ Five thousand Dollars and No /100 Cents 22. LS REMOVE & REPLACE WALL GUY WIRE @ Two thousand five hundred Dollars and No /100 Cents $ 500 $ 1,500 $ 4 $ 14,800 $ 15 $ 9,630 $ 75 $ 6,075 $ 5,000 $ 5,000 $ 2,500 $ 2,500 9 0 ITEM QUANTITY ITEM DESCRIPTION NO. AND UNIT UNIT PRICE WRITTEN IN WORDS 23. 28 REMOVE & REPLACE TREES Each @ Two thousand 28. 4 EA REMOVE & REPLACE TIE ROD ANCHORS @ One thousand five hundred Dollars and No /100 Cents UNIT PRICE $ 2,500 $ 5 $ 3 TOTAL PRICE $ 70,000 $ 750 $ 30,339 $ 100 $ 100 $ 5,000 $ 20,000 $ 1,500 $ 6,000 five hundred Dollars and No /100 Cents 24. 150 SF AC BIKE PATH @ Five Dollars and No /100 Cents 25. 10,113 SF REMOVE & REPLACE AC /AB PAVEMENT @ Three Dollars and No /100 Cents 26. 1 EA REMOVE & REPLACE TRAFFIC SIGN @ One hundred Dollars and No /100 Cents 27. 4 EA REMOVE & REPLACE BULKHEAD TIE RODS @ Five thousand Dollars and No /100 Cents 28. 4 EA REMOVE & REPLACE TIE ROD ANCHORS @ One thousand five hundred Dollars and No /100 Cents UNIT PRICE $ 2,500 $ 5 $ 3 TOTAL PRICE $ 70,000 $ 750 $ 30,339 $ 100 $ 100 $ 5,000 $ 20,000 $ 1,500 $ 6,000 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 29, 490 LS REMOVE & REPLACE PCC J DRIVE i @ Ten Dollars and No /100 Cents $ 10 $ 4,900 •, 30. 48 LS REMOVE & REPLACE PCC CURB @ Twenty Dollars and No /100 Cents $ 20 $ 960 31. 45 LS REMOVE & REPLACE PCC i RETAINING WALL @aht hundred Dollars and No /100 Cents $ 800 $ 36,000 32. 30 LF REMOVE & REPLACE PCC WALL (cD One hundred Dollars and No /100 Cents $ 100 $ 3,000 33. 3 EA PCC COLLARS @ Two thousand five hundred Dollars and No /100 Cents $ 2,500 $ 7,500 34. 100 LF REMOVE EXISTING 5X5 PCC BOX & PIPE @ One hundred Dollars and No /100 Cents $ 100 $ 10,000 ! • ITEM QUANTITY ITEM DESCRIPTION NO. AND UNIT UNIT PRICE WRITTEN IN WORDS 35. LS 36. LS 37. LS 38. LS 39. 7500 LS 40. 2 EA RESTRIPING @ Five hundred Dollars and No /100 Cents LANDSCAPING & IRRIGATION @ One hundred five thousand Dollars and No /100 Cents TRAFFIC CONTROL & DELINEATION @ Three thousand Dollars and No /100 Cents MOBILIZATION @ Three hundred fifty thousand Dollars and No /100 Cents REMOVE & REPLACE EXISTING PARKING LOT @ Two Dollars and No /100 Cents PRESSURE PLATE MANHOLE COVERS @ One thousand two hundred seventy Dollars and No /100 Cents UNIT TOTAL PRICE PRICE $ 500 $ 500 $105,000 $105,000 $ 3,000 $ 3,000 $350,000 $350,000 $ 2 $ 15,000 $ 1,270 $ 2,540 r Two million one hundred ninety five thousand nine hundred fifty nine Dollars and TOTAL BID PRICE (WORDS) April 10 1996 Date (Lj 835 -4612 Bidder's Telephone No. 484452 A B Bidder's License No. & Classification $ 2.195.959.00 TOTAL BID PRICE STEVE P RADOS, INC Bidder S /Alexander S. Rados Inc. Bidders Authorized Signature & Title P.O. BOX 15128, SANTA ANA. CA 92735 -0128 Bidder's Address 0 0 Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 5/91 0 0 Page 2A The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 484452 A B Contractor's License No. & Classification STEVE P. RADOS, INC. Bidder APRIL 10. 1996 Date 5/91 S /Alexander S. Rados. President Authorized Signature/Title 0 0 Page 3 State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work M474_F*MiFTn . Address Concrete structures Robert Longway Hacienda Heights 2. Crub and gutter Markel Cement Cont Santa Ana 3. Coffer dam John Meek Co Wilmington 4. Landscaping and irrigation Carison's Landscaping Huntington Beach 5. Jacking Pacific Boring_ Caruthers 6. 7. 8. 9. 10. 11. 12. STEVE P. RADOS INC. Bidder 5/91 S /ALEXANDER S. RADOS. PRESIDENT Authorized Signaturerritle 0 KNOW ALL MEN BY THESE PRESENTS, 0 Page 4 That we, Steve P. Rados Inc. as bidder, and American Home Assurance Company, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of Amount Bid Dollars ($10% of Bid),lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of El Paseo Storrs Drain C -3074 (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this Rh day of Aori1. 19990. Steve P. Rados. Inc. S /Alexander S. Rados. Inc. Bidder Authorized Signature/Title Alice C. Norton Notary Public Commission Expires:Sept. 26. 1999 5/91 SURETY: American Home Assurance Company By:S /Stanley C. Lynn, Attorney -In -Fact (Attach Acknowledgment of Attorney -In -Fact) 0 State of California NON - COLLUSION AFFIDAVIT ) ss. County of Orange ) 0 Page 5 Alexander S. Rados, being first duly swom, deposes and says that he or she is President of Steve P. Rados, Inc., the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. Steve P. Rados Inc. S /Alexander S. Rados. Inc. Bidder Authorized Signature(ritle Subscribed and swom to before me this 10th day of ftril , 199. [SEAL] Alice C. Norton Notary Public My Commission Expires:Sept. 26. 1999 5/91 0 E Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Completed Performed (Detail) To Contact Steve P. Rados, Inc. Bidder 5/91 S /Alexander S. Rados. Inc. Authorized Signature/Title Telephone Numbe r • • STEVE P. RADOS, INC. CONSTRUCTION HISTORY 1990 South County Pipeline Project $ 19,795,588 Santa Margarita Water District Dan Roberson, (714) 455 -2722 1991 Lower Santa Ana River Channel $ 43,110,828 U.S. Army Corps of Engineers Bill Gallegos, (714) 645 -0918 Metro Light Rail — Green Line 59,828,710 Los Angeles County Transportation Commission Tom Waller, (310) 568 -0270 1992 Baker - Gisler Interceptor $ 2,945,000 County Sanitation Districts of Orange County John Linder, (714) 962 -2411 Route 110 — Redondo Beach 5,165,107 California Department of Transportation Naresh Kumar, (310) 609 -0268 1993 Corning & Mill Creek Levee Repair — Corning, Misso $ 639,999 U.S. Army Corps of Engineers Larry, Gann San Joaquin Hills Transportation Corridor 11,966,605 Moulton Bridge Subcontract Package No. 2 California Corridor Constructors (CCC) Norm Mattson, (714) 643 -1226 Nishnabotna River Levee Repair — Riverton, Iowa 199,885 U.S. Army Corps of Engineers Larry Gann /Steven R. Schmidt, .Pj��".As • STEVE P. RADOS, INC. CONSTRUCTION HISTORY 1994 Bull Creek Bridge Repair — Route 118 California Department of Transportation Amer Bata, (213) 260 -9458 - (pager) Mission Gothic Bridge Repair — Route 118 California Department of Transportation Amer Bata, (213) 260 -9458 - (pager) San Joaquin Hills Transportation Corridor Laguna Canyon Bridge California Corridor Constructors (CCC) Norm Mattson, (714) 643 -1226 Los Angeles Reservoir Bypass Line #2 City of Los Angeles Dept. of Water & Power Richard D. Benton, (213) 367 -0909 1995 San Diego Seismic Retrofit, Routes 8, 805 California Department of Transportation Steven Yee, (619) 528 -0428 Hollyhills Drain, Unit 2 — Hollywood L.A. County, Dept. of Public Works Ramses Wassif, (818) 458 -3114 ww�-Wr -w- 11 Emergency Force Account Emergency Force Account 10,446,277 4,673,000 $ 40,495,483 12,787,000 Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder. PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance. organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2), assigned Policyholders' Rating A (or higher) and Financial Size Category Class Vlll (or larger) in accordance with the latest edition of Best's Key Rating Guide: Prouty- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 0 0 Bond No. 1692 -31 Premium included in Performance Bond Page 8 KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted Ao_riL22. 1996, has awarded to Steve P Rados. tnc.. hereinafter designated as the "Principal ", a contract for El Paseo Storm brain (contract No. 3074) In the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; . WHEREAS, said Principal has executed or is about to execute Contract No. 3074 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, Steve P. Rados, Inc. as Principal, and as ur t , ar hheld firmly bound unto the City of Newport Beach, in the sum of o i lop a ..undyed ftp, Eight ne Dollars ($ 2,168,959. , said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his/her subcontractors, fail to pay for any materials, provisions, or other supplies, used In, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified In the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. $191 0 Page 8A And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the spetificatlons accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, It is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the gira day of Apr' 1 '1926. Steve E. Radom, Inc._ Name of Contractor (Principal) AutSignature/Title � Alexander S. Rados - ,?resident American Home Assurance Company Name of Surety Authc nt Signature James 4. Schaller, Attorney -in -fact 70 Pine Street, New York, N.Y. 10270 (1714) Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 CALIFORNIA ALL•PURPOSE41CKNOWLEDGMENT State of ralifornia County of orange On _'/3�9l0 before me, Jane Kepner, Notary Public BATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC- personally appeared James A. Schaller No. 5907 NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their JANE KEPNER n Comm, #993118 signature(s) on the instrument the person(s), nn 0 ro •�NOTARY PUBLICOUNTY RNUII or the entity upon behalf of which the ORANGE L Comm. Expvex April M. IMF person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmP(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITV(IES) American Home Assurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • B236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 CALIFORNIA ALL- PURPOSACKNOWLEDGMENT 6 State of CALIFORNIA County of ORANGE No. 5907 On -2`� 19 9 before me, Alice C. Norton, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Alexander S. Rados NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the ALICE C. NORTON person(s) acted, executed the instrument. COmR1I53IOn N 1073063 t Noisy Pubes — California ¢ Orange county %My Comm. &I*es Sep 26, 1999 WITNE my hand and official seal. SIGN RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) Steve P. Rados. Inc, DESCRIPTION OF ATTACHED DOCUMENT Payment Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES April 22, 1996 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 Page 8 KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 22. 1996. has awarded to Steve Rados, Inc., hereinafter designated as the "Principal ", a contract for El Paseo Storm Drain (Contract No. 3074) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. 3074 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, as Principal, and as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Dollars ($ ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his/her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. I 5/91 ... rl � '_ - �' �"sa�a�GY.L�m"� � -e, r.,,,, -- *'�'.r.,,.- z- .�,...- �- ax._x�a�. ". ��z»,,...2�: '.`- ,ate°'. rS• -� �.� ...,,_ �� -•�� = ;�.z4':�� ,saw! 0 0 Page BA And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of 19_ Steve P. Rados. Inc. Name of Contractor (Principal) Name of Surety Address of Surety Authorized Signature/Tdle Authorized Agent Signature Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/93 • 0 • • Bond No. 16 -92 -31 Premium: $17,517.00 •Cu1 �� KNOW ALL MEN BY THESE PRESENTS, That Page 9 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 22. 1996, has awarded to Stgy4 P. Rados. Inc.. hereinafter designated as the "Principal", a contract for El Paseo Storm Drain (Contract No. 3074)! in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 3074 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, Steve P.Rados, Principal, and American Home Assurance Company firmly bound unto the City of Newport Beach, in the sum of TJ Dollars ($2,168,959.00, said sum being equal to 100% of t to be paid to the City or its certain attorney, its successors, and truly made, we bind ourselves, our heirs, executors assigns, jointly and severally, firmly by these presents. as ie estimated amount of the contract, and assigns; for which payment well and administrators, successors, or THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, Its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true Intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, Including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action In law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. S /91 �m . ' .H 16 -9a-3) Page 9A In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above named, on the 23rd day of April , 19 96 Steve P. Radea. Inc. Name of Contractor (Principal) American Home Assurance CompApy Name of Surety Authorize gnature James A. haller, Attorney -in -Fact 70 Pine Street, New York, N.Y. 10270 714 7 - Address of Surety Teleph s NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 9191 CALIFORNIA ALL- PURPOSACKNOWLEDGMENT • No. 5907 State Of rlal ifornia County of/nr/an +e On �// 3f�� before me, Jane Kepner, Notary Public DATE NAME, TITLE OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC' personally appeared James A. Schaller NAMES) OF SIGNER(G) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their JANE KEPNER signature(s) on the instrument the person(s), Q Comm. #99311a Q NOT ^ORANGE�� °RNap or the entity upon behalf of which the Came. F�irea APN 25, IM person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Amecipan Home Assurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -71 B4 American Home Assurance Co7lfpany National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 KNOW ALL MEN BY THESE PRESENTS: . 1, POWER OF ATTORNEY No. That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint —James A. Schaller and Stanley C. Lynn: of Mission Viejo, California— its late and lawful Attorney(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Hone Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents this 3rd day of May 1995. '' h.•u�j Willial li D. Split t, President STATE OF NEW YORK ) COUNTY OF NEW YORK "ss On this 3rd day of May 1995, before me came the above -named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh; Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. 905c N B: NOZZ01.10 Notary FuhGc, swo d rtes, Ycz4 No. 014-104552754 Qua!ifi:d in V; =;!cF.0 ;rt;r 'ou =t Term Expires Jan. 31,, CATE Escerpls of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that die Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Atlomcys -in -Pact to represent and act for and on behalf of the Company to execute bonds, undertakings, recogaminces mid other coolrrcts of indemnity and \iritiugs obligaton' in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surely business, "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any cenificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, rccogaizrrnec or other contract of indemnity or «citing obligatory in die nature thereof, "RESOLVED, that any such Allomey -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the dale of delivery thereof by such Attorney -in- Fact." 1, Elizabeth M. Tuck, Secretary or American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by die Boards of Directors of these corporations, and the Powers of Moiracy issued pursuant thereto, are into and correct, and tut both the Resolutions mid die Powers of Attorney are in hill force and effect. IN WITNESS WHEREOF, I have hereunto set my hand end affixed the facsimile scat of each corpormion this 14 •-J da y of � . 19". Elizabeth M. Tuck, Secretary CALIFORNIA ALL- PURPOACKNOWLEDGMENT State of CALIFORNIA County of ORANGE 0 On t, 6 before me, Alice C. Norton, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" No. 5907 personally appeared Alexander S. Rados NAME(S) OF SIGNER(S) D personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the ALICE C. NORTON person(s) acted, executed the instrument. Commission A 1073063 •� Notary PublIc — Cditonla Orange County WITNESS my hand and official seal. My Comm. Expires Sep 26, 1999 SIGN URE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) Steve P. Rados, Inc. DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond TITLE OR TYPE OF DOCUMENT two NUMBER OF PAGES April 22, 1996 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 Page 9 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 22. 1996, has awarded to Steve P. Rados. Inc.. hereinafter designated as the 'Principal', a contract for Et Paseo Storm Drain (Contract No 3074) in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 3074 and the terns thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, as Principal, and as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Dollars ($ 1, said sum being equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. 5/91 0 0 0 Page 9A In the event that. the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of '19—. Steve P. Rados. Inc. Name of Contractor (Principal) Authorized Signature/Title Name of Surety Authorized Agent Signature Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 es ' 0 z Page 10 k it 91 r PRODUCER COMPANIES AFFORDING COVERAGE Willis COTZOOII of Orange County COMPANY LETTER Fireman's Fund Ins. Co. Insurance Services 1551 N. Tustin Ave., Suite 1000 COMPANY B Santa Ana, CA 92705 LETTER Gerling America Ins. Co. INSURED. iEMRYC California Compensation Ins. Co. The Rados Companies COMPANY D 2002 East McFadden Avenue LETTER P.O. Box 15184 COMPANY E Santa LINTER CtiM", -.. 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 THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. CO .I.R TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY (OCCURENCE BASIS ONLY) GENERAL AGGREGATE $ 2,000, B X COMMERCIAL 4001862 4/30/96 4/30/97 X COMPREHENSIVE PPERATINSAG LEGA $ 1,000, OPERATIONS AGGREGATE - OWNERS 8 CONTRACTORS PROTECTIVE CONTRACTUALfftkWFdjft --9 PERSONAL INJURY $ 1,000, EACH OCCURENCE $ 1,000, X PRODUCTS)COMPLETEDOPERATION XCU HAZARDS BROAD FORM PROPERTY DAMAGE X SEVEPABILITY OF INTEREST CLAUSE FIRE DAMAGE - $ 50 P. I. WITH EMPLOYEE EXCLUSION (ANYONE FIRE) MEDICAL EXPENSES $ REMOVED MARINE (ANY ONE PERSON) 5, AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A DXA80160259 4/30/96 4/30/97 BODILY INJURY '1'000' ALL OWNED AUTOS (PER PERSON) SCHEDULED AUTOS BODILY INJURY $ X HIRED AUTOS (PER ACCIDENT) NON -OWNED AUTOS PROPERTY LIABILITY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURENCE UMBRELLA FORM OTHER THAN UMBRELLA FORM STATUTORY $ $ WORKERS' COMPENSATION $ 1,000, EACH ACCIDENT C & W956119949 6/1/95 6/1/96 $ 1,U00, DISEASE -POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE OTHER $ DESCRIPTION OF OPERATONS&OCATIONSNEHICLESIRESTRICT10NSISPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: El Paseo Storm Drain C -3074 PROJECT TOTE AND CONTRACT NUMBER ADDITIONALLY INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON- RENEWED, CANCELLED OR CITY OF NEWPORT BEACH COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING P.O. BOX 1768 COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF 3300 NEWPORT BOULEVARD NEWPOR B CH BY FIRST C sS L . NEWPORT BEACH, CALIFORNIA 92658 -8915 5/7/96 ATTENTION: Kathryn Coulter [AU 9]ZEDRFF A ISSUE DATE k it 91 r 7 � , 1 1 �i 'e::e ._1i:6�iz. 3u"..+,::�:�` ice_. �t�__ .,. aaa.T 0 KIM ZMAWRYA".1 ■ :1 ��- It is agreed that: Page 11 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 designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded 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 terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: it) Commercial O Comprehensive General Liability $ 1,000,000 each occurrence 2,000,000 aggregate The applicable 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 insured(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 as applicable to General Liability Insurance. * It is agreed that the City of Newport Beach, Bahia Corinthian Yacht Club, 5/91 and Mr. Jack Benson are added as Additional Insureds in regards to General and Automobile Liability, but solely as respects to work performed and vehicles used by or on behalf of the named insured in connection with the d,,,.4h.A _project. E Page 11A 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: El Paseo Storm Drain C-3074 Project Title and Contract No. This endorsement is effective 4/30/96 at 12:01 a.m. and forms a part of Policy No.4001862 of Gerling America Ins. (Company Affording Coverage). Insured: The Rados Companies Endorsement No.: special ISSUING COMPANY By: Authorized presentat* e i 5191 9 0 FANIOUTILOOlitt _ �_ : _1�[yAL:114 U9 0II& .SAT WRI It is agreed that: Page 12 With respect to such insurance as 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 automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended 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 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 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: 5(91 () Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability () Combined Single Limit Bodily Injury Liability & Property Damage Liability $ per person $ per accident $ 1,000,000 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 applicable to Automobile Liability Insurance. It is agreed that the City of Newport Beach, Bahia Corinthian Yacht Club, and Mr. Jack Benson are added as Additional Insured is regards to General and Automobile Liability, but solely as respects to work performed and vehicles used by or on behalf of the named insured in connection with the described project. n u Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Designated Contract: El Paseo Storm Drain C -3074 Project Title and Contract No. This endorsement is effective 4/30/96 No)XAS0160259of Fireman's Fund Ins at 12:01 a.m. and forms a part of Policy (Company Affording Coverage). Insured: The Rados Companies Endorsement ISSUING COMPANY By: Authorized) epre erntativ 5/91 Special 0 0 Page 13 " I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 4/30/96 Date C -3074 Contract Number 5/91 The Rados Companies Name of Contractor (Principal) uth Rzed igriatur n Title El Paseo Storm Drain Title of Project Page 10 Steve P. Rados, Inc. P.O. Box 15128 Santa Ana, CA 92735 -0128 COMPANIES AFFORDING COVERAGE COMPANY A .. .,,. - B COMPANY C LETTER COMPANY D LETTER COMPANY E THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIKE 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 AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. CO .� TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS $ GENERAL LIABILITY $ DISEASE -EACH EMPLOYEE $ (OCCURENCE BASIS ONLY) GENERAL AGGREGATE $ COMMERCIAL COMPREHENSIVE OWNERS 6CONTRACTORS PRODUCTS/COMPLETED OPERATIONS AGGREGATE - $ PERSONAL INJURY $ PROTECTIVE CONTRACTUAL FOR SPECIFIC CONTRACT. EACH OCCURENCE $ PRODUCTSICOMPLETED OPERATION XCU HAZARDS BROAD FORM PROPERTY DAMAGE SEVERABILTTY OF INTEREST CLAUSE P. L WITH EMPLOYEE EXCLUSION FIRE DAMAGE (ANYONE FIRE) $ MEDICAL EXPENSES (ANY ONE PERSON) $ REMOVED MARINE AUTOMOBILE LIABILITY SINGLE UNIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (PER PERSON) $ SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS BODILY INJURY (PER ACCIDENT) $ PROPERTY DAMAGE $ GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION EMPLOYERS' LIABILITY 007 E H AGGREGATE $ STATUTORY $ EACH ACCIDENT $ DISEASE- POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ 0 0 It is agreed that: Page 11 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 designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded 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 terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: () Commercial () Comprehensive General Liability $ each occurrence $ aggregate The applicable 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 insured(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 as applicable to General Liability Insurance. 5/91 0 0 Page 11A 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport beach by registered mail, Attention: Public Works Department. 7. Designated Contract: Et Paseo Storm Drain C-3074 Project Title and Contract No. This endorsement is effective No. of at 12:01 a.m. and forms a part of Policy (Company Affording Coverage). Insured: Endorsement No.: ISSUING COMPANY By: Authorized Representative 0 i 0 It is agreed that: 0 Page 12 With respect to such insurance as 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 automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended 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 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 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: 5/91 () Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability () Combined Single Limit Bodily Injury Liability & Property Damage Liability $ per person per ardent 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 applicable to Automobile Liability Insurance. r Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Designated Contract: El Paseo Storm Drain C-3074 Project Title and Contract No. This endorsement is effective No. of at 12:01 a.m. and forms a part of Policy (Company Affording Coverage). Insured: Endorsement No.: ISSUING COMPANY By: Authorized Representative 5/93 i • Page 13 " I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 5/91 Date Steve P. Rados. Inc. Name of Contractor (Principal) C3074 Contract Number Authorized Signature and Title El Paseo Storrs Drain Title of Project 0 0 • C� Page 14 THIS AGREEMENT, entered into this day of /441 1gf�_ , by and between the CITY OF NEWPORT BEACH, hereinafter "City," affi Steve P. Rados, Inc., hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: El Paseo Storm Drain C3074 Title of Project Contract No. B. Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: El Paseo Storm Drain C3074 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Two Million One Hundred Ninety -Five Thousand Nine Hundred Fifty -Nine Dollars and No Cents Dollars ($2.195959.001. This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance. of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 ., .. '�uLy.�.hY�.6K l..... ..� L.�.. ..:.' 0 Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsements) (f) Plans and Special Provisions for Ell Paseo Storm Drain C3014 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his/her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused ttris contract to be executed the day and year first written above. ATTEST: dkf,.L 'CLERK 5/91 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor Steve P. Rados, Inc. Name of Contractor a=k�? Authorized Signature and Title Alexander S. Rados, President 0 • rJ TO: Mayor and Members of City Council FROM: Public Works Department SUBJECT: EL PASEO STORM DRAIN CONTRACT NO. 3:W 35 - RECOMMENDATION: 40 March 11, 1996 CITY COUNCIL AGENDA ITEM NO. 7 Supplemental W11 Approve the plans and specifications and authorize the City Clerk to advertise for bids for the construction of the project when staff has resolved the concerns of the Bahia Corinthian Yacht Club (BCYC). DISCUSSION: • Letters from BCYC and the property owner to the cast of BCYC were submitted to the City Council on the day of the last council meeting. A meeting with BCYC was held March 7, 1996. The staff hopes to resolve the issues brought out in the letters. A verbal staff report will be given concerning the concerns raised and the outcome of the March 7, 1996, meeting. If this project is to be completed before the beginning of the next rainy season (October 15,1996) a contract needs to be awarded in April. In anticipation of reaching an agreement with BCYC either on March 7 or shortly thereafter, staff would like permission to advertise this project when we have reached an agreement with BCYC. The project is described in the attached February 26th City Council memo. Rcttully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director • • TO: Mayor and Members of City Council FROM: Public Works Department SUBJECT: EL PASEO STORM DRAIN CONTRACT NO. UN 3c --14 RECOMMENDATIONS: February 26, 1996 CITY COUNCIL AGENDA ITEM NO. ,1,0� 4: 1. Approve the plans and specifications for construction of the El Paseo Storm Drain. 2. Authorize the City Clerk to advertise for bids for the construction of the project. DISCUSSION: The El Paseo Storm Drain provides for the run -off from a drainage area of over 500 acres. The area includes two- thirds of Fashion Island, Corporate Plaza (east and west), Design Plaza, the Harbor View tracts, the Library, and a large portion of Irvine Terrace. The existing drain was constructed in the 1960's and expanded in the 1970's. Over the years we have found that the rain fall and run -off projections used in 1960's and 70's were too low. This is particularly true of areas that are primarily commercial with large paved areas. A 1990 drainage study for the buildout of the area tributary to the El Paseo Storm Drain showed a deficiency in the existing facility between the Coast Highway and the bay. As recently as last year, manhole covers were blown off and water came out of the drainage inlet at the intersection of El Paseo and Bayside Drive. The completion of Corporate Plaza (east and west) and Newport Village (between MacArthrur Boulevard and Avocado Avenue) will increase the storm water run -off to the El Paseo Storm Drain. In anticipation of this development and to improve existing deficiencies, the City and The Irvine Company have cooperated in the design of the expanded facility. The El Paseo Storm Drain addition will run parallel to an existing facility between East Coast Highway and the parking lot of the Bahia Corinthian Yacht Club. The storm drain will discharge into Newport Harbor through an existing bulkhead outlet structure. No construction or modification to the outlet structure is proposed for this project, thus there . will not be any construction taking place in the bay. 0 0 SUBJECT: EL PASEO STORM DRAIN CONTRACT NO. 3047 February 26, 1996 Page 2 This project was identified to provide a benefit to both streets and properties covered in the Circulatign.J=mvement and Open Space Agreement ( CIOSA). Under the terms of the agreementslbftbe,.Aevelgpment of the new Fletcher Jones Motorcars dealership in the San Diego Creek 96iWsit&, the City has agreed to administer the construction of the El Paseo Storm Drain. The project is included in the FY 1995 -96 Capital Improvement Program. A total of $2,800,000 is budgeted and CIOSA generated revenues are the source of funds for the project. Public Works Department Staff members and project consultants have initiated discussions with the Bahia Corinthian Yacht Club to coordinate the portion of the work within their property (there is a previously dedicated easement for the storm drain). Staff is also processing a Coastal Development Permit (C.D.P.) request with the California Coastal Commission. (A C.D.P. was issued in 1990 to The Irvine Company for the project.) Because of the amount of water that runs through this storm drain, it must be constructed during the dry season (April 15- October 15). The construction period is anticipated to be from May through September 1996. In order to address concerns raised by the Yacht Club and to avoid disruption to their operations during the summer and fall months, construction of the storm drain within their property is scheduled to take place from May to June The overall construction project will be done in four distinct and separate phases. Each phase will be completed before the next phase is begun. The phases are: Phase 1 Bahia Corinthian Yacht Club Phase 2 El Paseo Drive from northerly of Bayside Drive to Irvine Terrace Park Phase 3 Irvine Terrace Park Phase 4 Pacific Coast Highway The portion of the new storm drain beneath Bayside Drive was previously installed by the Irvine Company so disruption to traffic on Bayside Drive will be minimal. Installation of the storm drain within El Paseo Drive will require the complete closure of the easterly side of El Paseo Drive for a period of 6 to 8 weeks. During this period of time, curbside parking on the westerly side of El Paseo Drive will be prohibited so that one lane of traffic in each direction on El Paseo Drive can be detoured on the west side. Also, at some short periods of time during this traffic on Seadrift Drive to one lane only • is SUBJECT: EL PASEO STORM DRAIN CONTRACT NO. 3047 February 26, 1996 Page 3 (with flagmen). Such a restriction would only occur during daylight hours and not overnight. The detour through El Paseo Drive will be 24 hours for the length of that phase of construction. There have been concerns expressed regarding impacts to the existing coral trees. When the project was originally conceived, it was proposed to have these fairly large coral trees ( 35 to 40 feet) removed by the contractor, placed in a large box and be replanted after installation of the storm drain pipe. Since there is never a guarantee of 100% survival when dealing with mature trees, it is now proposed to incorporate a special trench shoring system which will allow the storm drain to be installed and leave these trees in place. The question has been asked "why can't the new storm drain be placed in the street instead of under the sidewalk ?" There are two reasons: 1) The existing 60" inch pipe and the existing 48" pipe are in the street and 2) the structure under Bayside Drive requires the sidewalk alignment. • At the conclusion of Phase 2, El Paseo Drive will be repaved and any curb and /or sidewalk removed or damaged during construction will be replaced. Phase 3 will cause disruption to Irvine Terrace Park for a 6 to 8 week period. It will be necessary to fence a construction corridor (approximately 40 to 60 feet in width) to allow the pipe to be installed and protect the public. The contractor will be required to maintain public access to the playground area and the tennis courts at all times. At the conclusion of this phase, disturbed areas of turf will be re- sodded, any removals or damage to the irrigation system will be replaced or repaired, and any hardscape improvements removed or damaged will be replaced or repaired in kind. Phase 4, the portion of the storm drain within Coast Highway, will be tunneled underneath the pavement so as to avoid any disruption to traffic. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director • By: Emmet Berkery Project Management Consultant 69" R.C.P. j 0 I? If 1.02" LEGEND — — — — Existing Storm Drain � Proposed Storm Drain 2t5/96(CNE630) FR� LSANo Scale EAST COAST HIGHWAY Irvine 84" R.C.P. Terrace Park 75" R.C.P. Fi Storm Drain Sizino, • "IbEIVED AFTER AGENDA PRINTED:" � February 24, 1996 City of Newport Beach %? Mr. John Hedges, Mayor Members of City Council 3300 Newport Blvd. Newport Beach, California 92659 Re: Feb. 26 Council Meeting Agenda item No. 8 E1 Paseo Storm Drain. Dear Mr. Mayor and Members of the Council: Being a resident of the "Yachtman's Cove" area of Newport Bay, the one who is immediately adjacent to the storm drain discharge ports in the BCYC seawall, I must strongly request a delay in the approval of the proposed storm drain project as put forth. I am certain that you are in receipt of the letter from the Judge Advocate of the Bahia Corinthian Yacht Club, so I won't belabor the facts already put forth by Mr. Valintino. I will just make two points. One, as a general building contractor and professional consultant, I see that my stumbling block is an inability to accept the theory that when the proposed increased volume of water is forced through a portal designed for a lessor volume of water, it will not exacerbate problems that now exist or create new ones. My second concern is, as a resident of Bayside Dr, and a member of BCYC, the integrity of the seawall that protects the shoreline must be guaranteed by those who are proposing these changes, as well as maintenance of a clear channel For access and egress to the docks, a condition that does not now exist. At the present time there is a recorded agreement between The Irvine Co. and the Yachtmans Cove home owners to keep the channels clear. The Irvine Co. through Calif. Recreation is now conducting soundings and as of Monday Feb. 26, were planning to start dredging as soon as possible. 6 0 our concern i.a that with the change of responsibility For construction and maintenance of the system, who will be honoring the dredging agreement? Will The Irvine Co. retain the responsibility for dredging or will the City of Newport Beach assume the costs of dredging every four years, as the agreement states? I ask you to refer to the photographs I have included in your packets. I hope this will help you to understand how much water and debris flows into the cove and at what force. on January 5, 1996, I attended a meeting at the Bahia Corinthian Yacht Club, along with your Principal Engineer, Mr. John Wolter, BCYC representatives, as well as other concerned parties. At that meeting several major discrepancies between the original Irvine Co. report and your Dept. of Public Works report were addressed. It was understood that a study of the project would be done by the city. Written assurances would then be issued stating that the engineering was correct and that damage to the seawall would not occur due to erosion or hydraulic Forces. I was very upset to receive second hand word that proposed drain system modifications would be up for Final council approval an Monday. No written reports or assurances have been issued or even discussed. I must say that does not say much about the credibility of your Dept. of Public Works. I would plead that our requests not go unanswered as I feel that they are a small concession to our area receiving the filth and foul runoff of the neighboring hillsides. :k/. Benson 1 Bayside Dr. ona Del Mar 1 -8228 Authorized to Publish Advertisements of all kind uding public notices by Dccree of the Superior Court of Orange County, fornia. Number A•6214, September 29, 1961, and A•24831 June 11, 1967. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of.eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City.of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: March 16, 20, 1996 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 20 1 199 6 at Costa Mesa, California. Signatu e 0 PfOapeCIlVe Dlddere may obtain one set of bid doer ments at.no cost at the of. fICe Of the. Public WOrke Daperimem, 3300 Newport Boulevard P.O. $ox 1788, Newport Beach, 02658• 8815. For further ,Infomta8on, call Emmet Berkery, Project Mana0er, at (714) 873-6446, Published Newport Beach -Coate Mesa Daily Pilot March 18, 20, 1896. 10 ANTHONY J. VALENTINO* ROBERT N. IVES. JR. JOHN F. KEATING ROBERT VALENTINO 'ALSO LICENSED IN ILLINOIS "RECEIVED RAGENDA — LAW OFFICES SUITE 325 �ALENTINO, IVES & KEATING COR „O M BLUFF DRIVE 12626 1GH BLUFF OR1VE A PROFESSIONAL ASSOCIATION SAN DIEGO. CALIFORNIA S2130-.013 TELEPHONE SUITE 240 1619) 259 -4500 CIVIC CENTER PROFESSIONAL PLAZA 500 W. SANTA ANA BOULEVARD SANTA ANA, CALIFORNIA 92701 TELEPHONE (714) 558-9222 TELEOOPIER (714) 558 -9533 February 23, 1996 Via Facsimile and Federal Express (714) 644 -3250 City of Newport Beach City Council 3300 Newport Boulevard Newport Beach, California 92659 -1768 Attn: John Hedges, Mayor Re: Hearing: February 26, 1996 Agenda Item No. 8 Subject: El Paseo Storm Drain Contract No. 3047 Dear Mr. Hedges: PACIFIC BANK BUILDING 351 CALIFORNIA STREET. SUITE 650 SAN FRANCISCO. CALIFORNIA 94104 TELEPHONE 14151 296 -1168 1 FEE? i ;j ,06 Please be advised that I am the Judge Advocate of the Bahia Corinthian Yacht Club ( "BCYC ") located at 1601 Bayside Drive. BCYC is involved in and an interested party to the captioned matter on your February 26, 1996 City Council Agenda. The proposed storm drain construction will run through BCYC's parking lot, exit through BCYC's seawall and storm water discharge will flow into Yachtman's Cove on the bay on the portion owed in fee by BCYC as a result of its recent purchase of the land from The Irvine Company. Accordingly, BCYC has extreme concerns regarding the impact of the proposed storm drain project on the club's property, the club's neighbors and Newport Bay. These concerns will be specified in this letter. As a condition of BCYC's land purchase from The Irvine Company and also as condition to the option recently executed by BCYC for the long term lease of the city tidelands portion of the club's marina, BCYC has contracted with Connolly- Pacific Co, to City of Newport Beach City Council February 23, 1996 Page 2 perform seawall repairs and renovation deemed necessary to preserve the integrity and support of the seawall structure. The contract with Connolly- Pacific has been signed and application for the required permits from the City and Coastal Commission have been made. Cash & Associates has also been retained as the Architect/Engineer on the seawall project. Shortly after the Connolly- Pacific contract was signed, the City notified BCYC of its intention to proceed with the proposed El Paseo Storm Drain Project. This raised concerns by BCYC, Connolly- Pacific and Cash & Associates as to the impact of the City's Storm Drain Project on the seawall repairs and the effect of the same on BCYC and the property owned in Yachtman's Cove. Accordingly, a meeting was scheduled at 3:00 p.m. on January 5, 1996 at the yacht club. In attendance at the meeting were representatives from Connolly- Pacific, Cash & Associates and for BCYC, myself, Commodores Mills and Foresman and General Manager, Tim Bakels. The City was represented by John S. Wolter, Principal Civil Engineer from the City's Public Works Department, and another engineering expert who I believe was an outside consultant or independent contractor. The meeting was also attended by Mr. Jack Benson, a club member and the resident in Yachtman's Cove immediately adjacent to the yacht club. At this January meeting, the following issues were discussed: 1. Impact of the Storm Drain Project on the Seawall Repairs a. Concern was expressed and acknowledged that the Storm Drain Project should not proceed until after the seawall repairs were completed to assure the integrity of the seawall is restored prior to City construction. To proceed otherwise would unreasonably incur the risk of further seawall damage, loss of support, etc., and the resulting substantial exposure to liability by the City. b. Coordination of the respective work by the City and Connolly - Pacific was discussed. It was decided that coordination of the two (2) projects proceeding concurrently was not a viable alternative and that Connolly - Pacific, being ready to start on receipt of permits, should proceed first and independently of the City's construction. 9 City of Newport Beach City Council February 23, 1996 Page 3 2. Impact of the Storm Drain Project on BCYC 0 a. It was represented by the City at this meeting and on other occasions and by The Irvine Company during purchase negotiations, that the Storm Drain Project would not materially increase the amount/volume of storm water run off through and onto BCYC's property in the Bay. At the meeting and after questioning, Mr. Wolter repeatedly stated that one additional feeder line would be joined to the new drain system but that this would not materially increase the overall amount of storm water passing through the system. However, the Public Works Department recommendations letter from Emmet Berkery, Project Management Consultant, dated February 26, 1996 to your honor and members of the City Council states just the opposite. Mr. Berkery clearly states that the proposed project "will increase the storm water run -off to the El Paseo Storm Drain" and that the proposed modification is needed to remedy a "deficiency in the existing facility between Coast Highway and the Bay". Further, instead of only adding a small feeder line to the system as represented, Mr. Berkery now discloses that "The El Paso Storm Drain addition will run parallel to the existing facility between East Coast Highway and the parking lot of the Bahia Corinthian Yacht Club." b. At the meeting, the City representatives confirmed that the construction proposed would entail digging up part of the BCYC parking lot and replacing the existing storm drain (69" R.C.P.) with one of substantially larger size (102" R.C.P.). The new, larger drain would then be "transitioned" down in order to exit out of the smaller opening currently existing in the seawall in order to avoid modification to the seawall or the opening (perhaps also to avoid additional Coastal Commission and environmental permit problems ?) When I expressed my opinion, based on simple logic, that transitioning the proposed substantially larger drain pipe down to the existing substantially smaller seawall opening, would create tremendous forces on the seawall because of substantially increased water pressure, plus substantially increase the velocity of the discharge into the bay and onto BCYC's property. Mr. Wolter stated that this had been considered in the engineering and there should be no problem. Failing to satisfy BCYC's or my concerns, I pressed the issue for further engineering studies and City of Newport Beach City Council February 23, 1996 Page 4 written engineering assurances. These were promised but, to date, have not been received. We also asked Mr. Wolter to provide copies of the engineering plans for review by Cash & Associates. To my knowledge, these also have not been provided. C. We next discussed the impact of the proposed storm drain on the Yachtman's Cove property which BCYC now owns in fee. In the purchase from The Irvine Company, this property, which includes a portion of BCYC's marina and the docks of the residents living on the water's edge, was subdivided and deeded to BCYC. Also, certain dredging obligations imposed by The Irvine Company to run with the land, passed to BCYC. Those on behalf of BCYC and Mr. Benson expressed their concerns regarding the expected increase in the debris and silt which would be deposited on the Yachtsman Cove property by the storm drain modification. This was and is of special concern because of the already shallow water in the cove and the apparent moratorium on dredging in the Bay. Concern was also expressed as to the unknown impact of the increased velocity of the discharge caused by the project. Mr. Wolter promised to get back to us with further details on these matters but, to date, has either failed to do so or has insufficiently addressed and responded to the same. d. BCYC finally expressed their concerns about the City (and Connolly- Pacific) attempting to coordinate the scheduling of construction to least interfere with the yachting and other events at BCYC. These events are scheduled, at many times, well over a year in advance and are imperative for the successful operation of the club. Connolly- Pacific has agreed in its contract to try to accommodate such scheduling. The City's representatives also promised to do likewise. When the meeting adjourned, all agreed to keep in touch and to provide the engineering and other assurances and coordination discussed. However, the issues as stated above have not been fully addressed nor have the promised assurances been given in writing or otherwise. We, therefore, request that the same be fully considered at your council meeting on the proposed project which is set for February 26, 1996. The appropriate engineering studies and assurances in writing as requested and promised are critical to avoid future problems, legal or otherwise, should the feared consequences actually occur after completion of the proposed project. i • City of Newport Beach City Council February 23, 1996 Page 5 If you have any questions, please call. Thank you for your kind consideration. Very truly yours, 2NY J. 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