Loading...
HomeMy WebLinkAboutC-3200 - Vista del Oro/Back Bay Storm Drain Improvements (also see C-3392)"A 440M) CEFtTtFtCAT F Lf B I�IT I IMSURAi E DATE 3 190 ........ .. _ 08/30!98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dooley, Benton & Associates License #0020739 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3 Hutton Centre Suite 450 COMPANIES AFFORDING COVERAGE Santa Ana CA 92707 { COMPANY( A American Motorists Ins Co i INSURED / COMPANY John M Tettemer And Assoc Ltd B St. Paul Fire & Marine COMPANY ' 3151 Almay Avenue Suite 0.1 Costa Mesa CA 92626 C - Design Professional Ins COMPANY D .. ,. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Go LTR TYPE OF NSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE imM001(y) DATE (MM/ DNY) LIMITS B GENERAL LIABILITY RP06646452 05/07/98 I 05/07/99 GENEflAL AGGREGATE $ 4 OGO 0" PRODUCTS - COMP/OP AGO $ 4 000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR PERSONAL & ADV INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 OWNERS 8 CONTRACTOR'S PROT X FIRE DAMAGE (Any one fire) $ IN,CLU,DEO BROAD FORM PD, X.C.U. X CONTRACTUAL MED EXP (Any one Perin) $ 5,000 B AUTOMOBILE LIABILITY RP06646452 05/07/98 05/07/99 COMBINED SINGLE LIMIT $ 2,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS I X PROPERTY DAMAGE $ GARAGE LIABILITY i AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO I EACH ACCIDENT $ - I AGGREGATE $ I EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR, INCL PARTNERS�EXECUTIVE j 7CW21206005 09/01/97 097 /98 /0 g WC STATU 0TH- — SDAYJIMII - - EL EACH ACCIDENT $ 1,000,000 EL DISEASE - POLICY LIMIT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 OFFICERS ARE I EXCL OTHER C Professional* PL509329 05/07/98 05/07/99 Each Claim 1,000,000 Liability i Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONSiA- CATIONSNEHICLESSPECIAL ITEMS RE: PRELIMINARY DESIGN /CONCEPT REPORT STORM DRAIN y IMPROVEMENT VISTA DEL ;"'FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE ORO /BACK SAY LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR ALL CITY OF NEWPORT BEACH IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY COVERED CLAIMS PRESENTED WITHIN THE POLICY PERIOD. PER ENDORSEMENT ATTACHED. THE LIMIT WILL BE REDUCED BY PAYMENTS FOR EXCEPT 10 DAYS FOR NON PAYMENT OF INDEMNITY AND EXPENSES, .CERTIFICATE HOLDER ,r..*:r„ �N F r- "" Cft CELLATtON. :: .. GZ r li SHO LO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH t EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: MR. DON WEBB PO BOX 1768 NEWPORT BEACH CA 9265.8915 d vet 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAI-L IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Tkit COMP AGENTS OR REPRESENTATIVES. _ AUTHORIZED S T T� . S..¢ra ACORD ?3-S [1:fB5j iL7 -:: ACORD COBPOBA'RON 1988 ,..:_ 1 GENERAL ENDORSEMENT • In consideration of an additional premium of N/A it is hereby understood and agreed that the following applies: [ X ] ADDITIONAL INSURED CITY OF NEWPORT BEACH is /are Additional Insured /s as respects to work done by Named Insured. [ X ] NOTICE OF CANCELLATION It is understood and agreed that in the event of cancellation of the Policy for any reason other than non - payment of premium, 30 days written notice will be sent to the following by mail CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. PO BOX 1768 NEWPORT BEACH, CA 92658 -8915 In the event the policy is canceled for non - payment of premium, 10 days written notice will be sent to the above. Policy No.: RP0664652 Insurance Company: ST. PAUL FIRE & MARINE Issued to: JPLIN M. TETTEMER AND ASSOC. LTD. u orized Representative S. GRADIAS Effective Date: 6/29/98 Issue Date: 6/30/98 • w CONSULTANT AGREEMENT STORM DRAIN IMPROVEMENTS, VISTA DEL ORO /BACK BAY AT EASTBLUFF CONTRACT NO. C -3200 THIS AGREEMENT, entered into this A day of 1998, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and John M. Tettemer & Associates, whose address is 3151 Airway Avenue, Suite Q -1, Costa Mesa, CA 92626, (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 member of Consultant is Mansour P. Vahid. C. City desires to engage Consultant to provide professional engineering services for the preparation of a preliminary assessment and alternative study for Storm Drain Improvements at Vista del Oro /Back Bay at Eastbluff. E 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 22nd day of June, 1998, and shall terminate on the 315` day of August, 1998, 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 "A ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed eleven thousand five hundred ninety three dollars ($11,593.00). 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 2 (:\groups \pubworks \ag mt98 \tettemereastbluff 6/22/98 0 0 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 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 f: \groups \pubworks \ag mt98\tettemereastbIuff 6/22/98 9 0 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 John s. Wolter, P.E. to be its 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 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 f: \g ro u ps \p u bwo rks \ag mt98\tette mereastb I uff 6/22/98 0 0 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 connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 5 f:\groups\pubworks\agmt98\tettemereastbluff 6/22/98 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, 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 property damage. If commercial general liability insurance or other form with a 6 f: \grou ps\ pubworks \agmt98\tettemereastbiuff 6/22/98 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 ($1,000,000.00). 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 f: \g rou ps \pu bworks \agmt98 \tettemereastbluff 6!22/98 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 reproduces, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 8 f: \groups \pu bworks \ag mt9 8\tette me reastb I uff 6/22/98 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 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 f: \g ro u ps \p u bwo rks \ag mt98\tette mereastb I u ff 6/22/98 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 "A." 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 "A" hereof. Each invoice will be 10 f:\ groups\ pubworks \agmt98 \tettemereastbluff 6/22/98 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 f: \g roups \pu bworks \ag mt98\tettemereastbluff 6/22/98 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 final adoption of the work by the Mayor and City Council. 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 f: \g ro u ps\p u bwo rks\ag mt98 \tettemereastbIuff 6/22/98 • • 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 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 f: \g ro u ps \pu bwo rks \ag mt96\tette merea stb I u ff 6/22/96 11 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: Marla Matlove Doyle, P.E. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: John M. Tettemer & Associates 3151 Airway Avenue, Suite Q -1 Costa Mesa, CA 92626 Attention: John S. Wolter, P.E. 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 f: \g roups \pu bworks \ag mt98\tettemereastbluff 6/22/98 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. 15 f:\g rou ps \pu bwo rks \ag mt98\tette mereastb I u ff 6/22/98 0 0 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 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: LaVonne Harkless City Clerk APPROVED AS TO FORM: Robin Clauson Assistant City Attorney CITY OF NEWPORT BEACH A Municipal Corpor tip r By: Don ebb Public Works Director CONSULTANT r John 16 f: \g rou p s \pu bwo rks \ag mt98\tette mereastb I uff 6/22/98 0 0 John M. Tettemer & Associates, Ltd. City of Newport Beach Vista Del OroBackbay Storm Drain Improvements at Eastbluff Preliminary Design/Concept Report C -3200 Scope of Work Task I Review Existing Information This task will provide for the review of existing project information. Project information to be supplied by City includes: • "As built' plans of public improvements in Project area; • Available utility improvement plans; • City prepared survey information suitable for Preliminary Design/Concept Report; • "As built' plan or City survey information for storm drain crossing Backbay Road; • Orange County Geotechnical information for Project area; • Hydrology and hydraulic reports for existing drainage facilities; • Available photos of drainage problem areas; and • All other available project related information. Pertinent information will be included in Preliminary Design Report. Task 2 Hydrology and Hydraulic Analysis This task will provide for the preparation of Hydrology and Hydraulic analyses in accordance with the current Orange County Hydrology Manual. The work will include the following: Define the drainage area tributary to the existing system utilizing existing City survey information, available Hydrology and Hydraulic reports for existing drainage facilities, City drainage atlas and USGS quad maps. Perform hydrology and hydraulic analyses to determine inlet and pipe capacity /level of protection for the existing drainage system. 010- 01W125SOW Task 3 Preliminary Design /Concept Report This task will provide for the preparation of Preliminary Design/Concept Report summarizing findings, alternatives analysis, and cost estimate. A. Alternatives analysis and level of protection will be as follows: 25 -year level of protection a. Inlet improvements b. Pipe repair /replacement C. Backbay Road culvert repair /replacement 2. 100 -year level of protection (Flow by system) a. Increased pipe capacity Bluff/slope surface improvements C. Backbay Road swale B. Recommended Alternative Present alternatives including cost estimates to City staff for review and approval of a selected alternative. Task 4 Coordination and Meetings This task will provide for coordination and meetings with County and City staff during preparation of the Preliminary Design Report. A total of four meetings are anticipated as follows: Kickoff meeting —1 meeting with City staff Hydrology/Hydraulic analyses — 1 meeting with City staff Preliminary Design Report — 2 meetings with City staff Survey services It is proposed that the hydrology, hydraulic, and alternatives analysis be performed using available City survey information, "as built' drawings, hydrology and hydraulic reports for 019 -0 ra 25SOw 0 0 existing drainage system, City drainage atlas, and USGS quad maps. Field surveys required for preparation of final plans can be provided in the design phase for the recommended storm drain improvements. of s -o M125sow � ( / {\ {,»22LU |2,| �k � 11 |!! u { � §« { i { { - f kz k ` t ! = B§ k k) / / k o 0 11 fib Aft d EE E 0 Z m 0 0 d a E n w N N a` a Q n � a m 0 o: O O � � N � M d m m E \ Cl) C y y m_ rn L. O i _rn rn O " d Z a r r ao LL m E d m G1 9 T Q' N Q 001 00i 001 E d m io m r m L 0 N o Oa u� v° oa o .q �oaV O a a c T � d � O C C d O C6 Q m N F- J U e N C O d o U ? d z � w �NN U a x 1O = N o E Z of z 3 S' d c d 0 i $ m o m E E Q U v q O N T N Y. T ry U z w x a a` d w 12 M > w 0 0 co C� 11 June 22, 1998 CITY COUNCIL AGENDA ITEM NO. 21 i TO: MAYOR AND MEMBERS OF THE CITY COUNCIL jUN 2 2 i FROM: PUBLIC WORKS DEPARTMENTlp SUBJECT: VISTA DEL ORO /BACK BAY STORM DRAIN IMPROVEMENTS AT EASTBLUFF, CONTRACT NO. 3200 RECOMMENDATION: Approve a Professional Services Agreement with John M. Tettemer & Associates, of Costa Mesa, California, for professional engineering services for a contract price of $11,593. DISCUSSION: Background During this winter's heavy storms, flooding was experienced in Eastbluff in the area of the greenbelt and slopes between Vista Entrada and Vista Caudal. Existing public storm drain facilities convey drainage from the greenbelt, down the slope, and into Upper Newport Bay through a headwall adjacent to Back Bay Drive (see attached location map). In addition, erosion has been experienced on the County of Orange slopes above Back Bay Drive. The County is preparing plans to regrade the slopes downstream of the greenbelt, and the City is proposing to construct the drainage improvements in conjunction with the County project. John M. Tettemer & Associates has provided a proposal to perform professional engineering services for the preparation of a preliminary assessment and alternative study for upgrading public storm drain facilities at this location to mitigate future flooding. Following selection of an alternative, it is anticipated that City staff will prepare contract plans and specifications for construction of the selected alternative. The plans and specifications will be provided to the County for inclusion in their bid package for their anticipated slope repair project. SUBJECT: VISTA DEL 001BACK CONTRACT NO. C -3200 June 22, 1997 Page 2 Prior City Employee BAY STORM DRAIN IMPR *MENTS AT EASTBLUFF, City Council Policy J -1 requires City Council approval of contracts with prior City employees. John Wolter, who was previously a City Employee in the Public Works Department from 11/10171 to 4/13/96, is currently employed by John M. Tettemer & Associates and will be serving as Project Manager for this contract. Funding Funds for this project are available in Account No. 7012- C5100008, Storm Drain Improvement Program. Respectful bmitted,_ PU 'L'C WORKS DEPARTMENT Do Webb, Director By Marla Matlove Doyle, P.E. Senior Civil Engineer Attachment: Professional Services Agreement — John M. Tettemer & Associates Project Location Map 9 • LJ E 0 CONSULTANT AGREEMENT STORM DRAIN IMPROVEMENTS, VISTA DEL ORO /BACK BAY AT EASTBLUFF CONTRACT NO. C -3200 THIS AGREEMENT, entered into this _ day of , 1998, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and John M. Tettemer & Associates, whose address is 3151 Airway Avenue, Suite Q -1, Costa Mesa, CA 92626, (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 member of Consultant is Mansour P. Vahid. C. City desires to engage Consultant to provide professional engineering services for the preparation of a preliminary assessment and alternative study for Storm Drain Improvements at Vista del Oro /Back Bay at Eastbluff. • 0 NOW, THEREFORE, it is mutually agreed by and between the undersigned 0 parties as follows: 1. TERM The Term of this Agreement shall commence on the 22nd day of June, 1998, and shall terminate on the 31" day of August, 1998, 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 "A ", attached hereto and • incorporated herein by this reference. The maximum fee shall not exceed eleven thousand five hundred ninety three dollars ($11,593.00). 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 2 •f:\ groups \pu bworkslag mt98 \tettemereastbl uff 6/22/98 0 0 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 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 f:\groups\pubworks\agmt9B\tettemereastbluff 6/22/98 0 7. PROJECT MANAGER r� u 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 John s. Wolter, P.E. to be its Project Manager. 8. TIME OF PERFORMANCE The tasks to be performed by Consultant shall be in accordance with the schedule specified in Exhibit "N'. 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. 0 9. CITY POLICY • Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 4 .f:\ groups\ pubworkslagmt98 \tettemereastbluff 6/22/98 0 0 • 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 connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 5 f:\ groups\ pubworks\agmt96 \tettemereastbluff 6/22/96 0 0 13. INSURANCE LJ 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 property damage. If commercial general liability insurance or other form with a 6 f:\ groups\ pubworkslagmt98 \tettemereastbluff 6/22/98 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 ($1,000,000.00). 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 7 f:\groups\pubworks\agmt98\tettemereastbluff 6/22/98 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 reproduces, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. a f:\ groups\ pubworks \agmt98 \tettemereastbluff 6/22/98 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 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 f: \groups\p u bworks\ag mt98 \tettemereastbl uff 6/22198 0 19. EXTRA WORK 0 U Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "A." 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 r 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 "A" hereof. Each invoice will be io f: \groups\pubworks\ag mt98 \tettemereastbl uff 6/22/98 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 . 11 f:\ groups\ pubworks\agmt98 \tettemereastbluff 6/22/98 0 L 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 final adoption of the work by the Mayor and City Council. 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 f: \groups\pubworks\agmt98uettemereastbluff 6/22/98 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 Consultants • 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 • f:\ groups\ pubworks\agmt98 \tettemereastbluff 6/22198 0 9 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: Marla Matlove Doyle, P.E. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: John M. Tettemer & Associates 3151 Airway Avenue, Suite Q -1 Costa Mesa, CA 92626 Attention: John S. Wolter, P.E. • 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 •f:\ groups\ pubworks\agmt98 \tettemereastbluff 6/22/98 E E 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. is f:\ groups \pubworkslag mt98 \tettemereastbluff 6/22/98 36. INTEGRATED CONTRACT 9 11 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: LaVonne Harkless City Clerk APPROVED AS TO FORM: Robin Clauson Assistant City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By. •Don Webb Public Works Director CONSULTANT 0 John M. Tettemer & Associates 16 •f:\ groups\ pubworks\agmt98 \tettemereastbluff 6/22/98 L1_ W r,n W O O co °z H U U n �JJH � d15I� J E D Z b1a317H d1SIA o 0 3AI80 w o z Li :D cr b pp o C Li E- b Sf p Q�F' P 092(y 3AN _ a U �Qy S F � a CPION 3069 0DJUGIH OS�JS30 HDes w 3j� 91543 3M // n