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Home My WebLink AboutC-3202 - PSA for Jamboree Road/Eastbluff Drive Intersectionw' T, 0 a PROFESSIONAL SERVICES AGREEMENT FOR JAMBOREE ROADIEASTBLUFF DRIVE INTERSECTION THIS AGREEMENT, entered into this L41_g day of NOVEMbEK, 1999, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Diaz - Yourman & Associates, whose address is 17421 Irvine Blvd., Tustin, California, 92780 -3012, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement improvements at the intersection of Jamboree Road /Eastbluff Drive including, but not limited to, the construction of retaining walls, new curb, gutter and sidewalk, roadway pavement, median and island work to provide for a free right -turn lane ( "Project "). C. City desires to engage Consultant to provide geotechnical engineering services during construction of subject project, including observation of slope excavation and observation of drilling of soldier piles and tie- back anchors, performing laboratory tests to check soil quality, and other work as outlined in the attached Proposal, upon the terms and conditions contained in this Agreement. -1- D. The principal members of Consultant are for purpose of Project are Christopher M. Diaz, P.E. and Alan M. Yourman, Jr., P.E., G.E.. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 28th day of June, 1999, and shall terminate on the 31st day of December, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties,set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Forty thousand seven hundred dollars ($40,700). -2- 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City and based upon the monthly invoices. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. -3- 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not C! imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. -5- • • 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Alan Yourman, Jr., P.E., G.E. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the Contractor's 1102 i • construction schedule and activities, or as directed by the City. The failure by Consultant to strictly adhere to the construction schedule, or City's directions, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 81 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. -7- 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims to the extent arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors on a comparative basis of fault and, excepting only the sole negligence or willful misconduct of City, its officers or employees, shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the In • • term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including 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. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined IN single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. Sib11 0 0 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant 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, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. The Consultant -it- 0 0 may retain a copy of all project documents for their files. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Antony -12- 0 9 Brine, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement.. All such records shall be clearly identifiable. Consultant shall allow a representative of City 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. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. -13- 0 0 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. -14- • r 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Attention: Antony Brine, P.E. 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Alan Yourman, P.E. Diaz - Yourman & Associates 17421 Irvine Blvd. Tustin, CA 92780 -3012 (714) 838 -8565 Fax (714) 838 -8741 -15- 0 0 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a -16- 0 different character. 29. INTEGRATED CONTRACT 0 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to -17- 0 indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney 0 LaVonne Harkless City Clerk M CITY OF NEWPORT BEACH A Municipal Corporation By: C ,L2 e 0� Dennis D. O'Neil, Mayor City of Newport Beach DIAZ - YOURMAN & ASSOCIATES By: f: lusers \pbw\shared\agreements \fy 98- 99 \diazyourman.doc 0 DIAZ•YOURMAN E & n s s o c i n r FI s GGd%I�GL�NM�Gl� S!/W�f.GL June 9, 1999 Project No. 238 -01 Mr. Tony Brine City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 -8915 Subject: Proposal for Geotechnical Services During Construction Jamboree Road / Eastbluff Drive Intersection Improvements Newport Beach, California Dear Mr. Brine: INTRODUCTION L r .:nJC'.. ,.,... Diaz•Yourman & Associates (DYA) is pleased to present this proposal to provide geotechnical services during construction for the subject project. This proposal is based on: • the recommendations contained in our geotechnical report dated October 7, 1998, for the subject project; • our review of the Project Plans dated April 19, 1999, prepared by Tetra Tech, • our review of the Project Specifications, undated, Contract No. 3202 (B), received April 30, 1999; • our review of your fax dated May 17, 1999; and, • discussions with you. PURPOSE AND SCOPE The purpose of our services during construction will be to observe and check that the work is performed in accordance with the intent of our recommendations and the project plans and specifications. The scope of our services during construction will likely consist of the following. • Observing drilling of soldier piles and tie -back anchors (full- time). Monitoring testing of tie -back anchors (full- time). • Observing slope excavation, site preparation, fill placement, and compaction (part- time). Performing laboratory tests to check soil quality and compaction characteristics (as requested). • Performing field density tests to check compaction (full- and part- time). Observing foundation installation (part- time). Performing concrete cylinder testing (as requested). F;MATAFLS\PROJ ECTSM8 1NAPROP. DOC 17421 IRVINE BLVD. TUSTIN, CA 92780 -3012 TEL. (714) 838 -8565 FAX (714) 838 -8741 Vvkiki4 ^A• 0 Mr. Tony Brine Project No. 238 -01 0 June 9, 1999 Page 2 • Providing engineering consultation (as requested). • Preparing a report summarizing the results of our construction observation services. FEE /SCHEDULE It is not possible to accurately budget for our services for construction without the detailed contractor's schedule. Also, DYA's services are dependent upon the contractor's efficiency, progress, and methods of operations. Thus, we will provide our services for construction on a time - and - expense basis in accordance with DYA's Schedule of Charges, Service Agreement, and General Conditions. However, we have provided an estimate for initial budgeting purposes as summarized in Table 1. We recommend that a 25 percent contingency be added to our initial budget estimate to account for the contractor's operations and unforeseen difficulties. Table 1 - ESTIMATED FEE TASK UNITS RATE FEE Task 1 — Observing drilling of soldier piles and tie -back anchors 10 days $750 /day $7,500 Task 2 — Monitoring testing of tie -back anchors 5 days $750 /day $3,750 Task 3 - Observe slope excavation, site preparation, fill placement, field density testing 10 half days $375 $3,750 Task 4 — Performing laboratory testing of soils - -- - -- $1,000 Task 5 — Performing field density testing to check compaction 10 half days $375 $3,750 Task 6 — Observing foundation installation 5 half days $375 $1,875 Task 7 — Performing concrete cylinder testing 20 $65 $1,300 Task 8 - Provide engineering consultation, as requested - -- - -- $2,000 Task 9 — Preparing a report summarizing the results of our services - -- - -- $4,000 SUBTOTAL $28,925 Contingency $7,225 TOTAL $36,150 The fee estimate in Table 1 is based on an 8 -hour workday during normal working hours; half days are based on a 4 -hour workday. The DYA on -site representative will be equipped with nuclear soil density testing gauge for Task 5. F: *A TAFLSIPROJ ECTS1238-0111 APROP.DOC . .... ... .. ........ .._ - -- ....... - E Mr. Tony Brine Project No. 238 -01 CLOSURE 0 June 9, 1999 Page 3 To provide written authorization to proceed, please and return one copy of the attached service agreement, or issue a mutually agreeable contract. We appreciate the opportunity to propose our services to you and look forward to working with you on this project. If you have any questions, please call. Very truly yours, DIAZ•YOURMAN & ASSOCIATES Christopher M. Diaz, P.E. Project Engineer Allen M. Yourman, J0, P.E., G.E. Vice President CMD /AMY:cd FiDATAFLS %PROJECTS 3"1%l APROP.DOC 0 DIAZ•YOURMAN & ASSOCIATES Professional Services GtvA" 5"O�a4 Schedule of Charges - 1999 Junior..................................................................... ............................... ....................$70.00 /hour Staff........................... ................................................................................................. 80.00 /hour Project....................... ....................................................................... .......................... 95.00 /hour Senior........................ ............................................................................................... 110.00 /hour Associate................... ................................................. .............................................. 120.00 /hou r Principal............................................................ ............................... .........................130.00 /hour Support Services Clerical.............................................................. ............................... .........................$40.00 /hour Word Processing .................................................... ............................... .....................55.00 /hour DraftinglTechnical Editing .......................... ................................................................ 65.00 /hour Technician......................................................... ............................... ..........................55.00 /hour Senior Technician .............................................. ............................... ..........................70.00 /hour Equipment Computer.......................................................... ............................... .........................$10.00 /hour Truck.......... ................................................................. .............................................. ..11.00 /hou r Automobile..................................................................................... ............................... 0.35 /mile NuclearGauge ................................................... ............................... .......................... 75.00 /day Other Equipment ........................................................... ............................... Separate Schedule Outside direct costs such as equipment rental, outside services, and printing, copying, travel, andsubsistence ........................................................................ ............................... Cost + 15% Personnel hourly rates will be increased by 20 percent for any work performed on weekends or holidays, or in excess of 8 hours per day. Contract personnel may be charged at the hourly rates listed above. Travel time will be charged at regular hourly rates. Appearances as a witness (including depositions and court appearances) will be charged at a rate of $250 /hour plus expenses, with a minimum daily charge of 4 hours. Preparation will be charged at regular hourly rates. Invoices are due upon receipt and are past due 30 days after the invoice date. A finance charge of 1.5 percent per month, or the maximum allowed by law, will be charged on past due invoices. 1999 A 17421 IRVINE BLVD. TUSTIN, CA 92780 -3012 TEL. (714) 838 -8565 FAX (714) B38 -8741 C. h:l.:♦ uRu acoRO_ CERTIFICA18 OF LIABILITY INSUR CEDBRMI DATE(MM /DONy) DIAZY-1 11/08/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE United Agencies, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 350 W. Colorado Blvd. Ste. 220 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91105 -1855 COMPANIES AFFORDING COVERAGE _ Gary L. Conkey COMPANY Pfione NO 626 - 792 -6158 Fa+No.626 -577 -1346 A Transportation Insurance Co. J INSURED COMPANY B Diaz-You rman S Associates COMPANY i Diaz Consultants 17421 Irvine Blvd _ _C__ ...-- - -_.. _...�------ .- --- - -- - -- -... _... - - -- COMPANY Tustin CA 92660 p COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE EXPIRATION ISOCO TYPE OF INSURANCE POLICY NUMBER POLICY LIMITS DATE (MMIDONY) DATE (MMIDDY" • GENERALIIABILITY X COMMERCIAL GENERAL LIABILITY 162691911 01/05/99 j GENERAL AGGREGATE 01 /05 /00 PRODUCTS COMP /OP AGO I $ 2000000 I ' $ 2000000 CLAIMS MADE OCCUR OX - PERSONALBADV INJURY $SOOOOOO OWNER' S B CONTRACTOR'S PROTi :. N- EACH OCCURRENCE 1S FIRE DAMAGE (Any ane fire) 1000000 $ 100000 - - - -- MED EXP (Any one person) $ 10000 AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $1000000 ! • ANY AUTO 162691911 01/05/99 � 01 /05/00 BODILY INJURY ALL OWNED AUTOS $ SCHEDULED AUTOS 1 (Per person) $ HIRED AUTOS SODILYINJURY I X NON -OWNED AUTOS (Per accident) ._. _._. —..— TI$ I PRDAMAGE -.. .._._ + 1 8 1. GARAGE LIABILITY AUTO ONLY - EA ACCIDENT _ $ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ J AGGREGATE UMBRELLA FORM $ OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND WC STATU- 'OTH TORY LIMITS -;. - EMPLOYERS LIABILITY I I EL EACH ACCIDENT IS THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT J g PARTNERS /EXECUTIVE I -' --' -- " " —'- -'— $ OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE OTHER 1 I � DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS Attention: Shavna Oyler Certificate holder is named as additional insured per attached endorsement. Project #238 -01 CERTIFICATE HOLDER CANCELLATION NEWPOR2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE -HE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL Ei16CRVCR TO MAIL City of Newport Beach 30 DAYS WRITTEN NOTICE TO THE CERPFCATE HOLDER NAMED TO THE: LEFT, Public Works Dept. _;TY P O Box 1768 3300 Newport Blvd. ES AUTHORIZED REPRESENTATIVE Newport Beach CA 92658 -8915 Gary L. Conkey��. /\\/ ACORD 25 -S (1/95) ACORD C)RP RATION 1988 1/ PotYcv Number'. 162691911 • &MMERCIAL GENERAL LIABILITY Named Insured: Diaz - Yourman & Associates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 09 10 93 ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: SCHEDULE Name of Person or Organization (Additional Insured): Location of Covered Operations 'City of Newport Beach, Its officers, agents officials, emplovees & volunteers 3300 Newport Blvd, P O Box 1768 Newport Beach CA 92658 Premium Basis Rates Advance Premium Cost (Per $1000 of Cost) insurance carried by the insured is primary and non - contributing with insurance held by the city. Bodily Injury and Property Damage Liability Total Advance Premium S INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) I. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization (called "additional insured ") shown in the Schedule but only with respect to liability arising out of: A. Your ongoing operations performed for the additional insured(s) at the location designated above, or B. Acts or omissions of the additional insured(s) in connection with their general supervision of such operations. H. With respect to the insurance afforded these additional insureds, the following additional provisions apply: A. Exclusions b., c., g., h.(I), j., k., 1. and n. under COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) do not apply. B. Additional Exclusions. This insurance does not apply to 1. "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. 2. "Bodily injury" or "property damage" occurring after: a) All work, including materials, parts or equipment furnished in connection with such work, on the project (otter than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the some project. 3. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of their employees, other than the general supervision by the additional insured(s) of your ongoing operations performed for the additional insured(s). 4. "Property damage" to: a) Property owned, used or occupied by or rented to the additional insured(s); b) Property in the care, custody, or control of the additional insured(s) or over which the additional insured(s) are for any purpose exercising physical control, or C) Any work, including materials, parts or equipment furnished in connection with such work, which is performed for the additional insured(s) by you. CG 20 09 10 93 Copyright, Insurance Services Office, Inc., 1992 Page I of I AC9RD,w CERTIFICAVE OF LIABILITY INSUFNCE DATE(MM /DO /YY 11/08/99 PRODUCEA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. BOX 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711 -0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED .- .__,.. .___.. �..._.__. . —. .._. :1NSVRERA:AmerlCan Motorists Ins. CO. Diaz - Yourman & Associates — -- - - -- - - -- - -- 17421 Irvine Blvd. INSURERB:Design Professional Insurance Co. Tustin, CA 92680 -3012 INSURER C: INSURER D: .. ._...___ ... .... ......... .. ---- . _..`_. jINSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ......_ —.i_ -- .._..___ .__...__. ....__... _-- ._.... . —.. IN$R, INSURA ..... 'POLICYEFFECTIVE;POLITE EXPIRATION TR TYPE OF INSURANCE POLICY NUMBER DAT D/Y ! TE M / / LIMITS GENERAL LIABILITY :. EACH OCCURRENCE S : COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire] S CLAIMSMADE. OCCUR _MED EXP(Anyone person) $ PERSONAL AADVINJURY S ! GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: I PRODUCTS COMP /OP AGGj $ POLICY PRO LOC ;AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT '(Ea S ANY AUTO I accident) _ ALL OWNED AUTOS .. BODILYINJURY S SCHEDULED AUTOS '(Per person) HIRED AUTOS BODILY INJURY NON OWNED AUTOS : II(Per acddenq _._.. —._. _._..._. PROPERTY DAMAGE S :(Per accident) ! GARAGE LIABILITY AUTOONLY. EA ACCIDENTS ANYAUTO EA ACC ...._... :OTHER THAN -_. $ . ._— _— ... .__._._._ . AUTO ONLY: AGO $ j.EXFI5SS LIABILITY .EACH OCCURRENCE $ ____ OCCUR CLAIMSMADE;. !AGGREGATE T1'$ DEDUCTIBLE j $ RETENTION S A WORKERS COMPENSATION AND !7CW30559002 105/23/99 .105/23/00 ,� WgSTATU- I JOTH EMPLOYERS' LIABILITY E.L. EACH ACCIDENT Isl J 00/ 000 ;E.L.DISEASE_EAEMPLOYE Sl, 000, 000 00 $1 000 0 E.L.OISEASE POLICY LM I B OTHER Professional IPL514594 !06 /10/99!06/10/00;$1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDE D BY EN DORSEMENT /SPECIAL PROVISIONS RE: PROJECT NO.: 238 -01 *For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims presented within the policy period. The limit will be reduced by payments for indemnity & expenses. (See Attached Descriptions) I- PRTIFI(`ATF 11111 IYFR anmm�uel wo mvn IUCt lcco, FTiFR (`ANCFI I ATI(TN ACORD25- S(7/97)1 of 2 #S23774/M12063 ( ' THC © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF NEWPORT BEACH DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 -- DAYSWRITTEN ATTN: SHAUNA OYLER NOTICE TOTHE CERTIFICATE HOLDER NAMEDTOTHE LEFT, BUT FAILURE TO DOSOSHALL PUBLIC WORKS DEPT., IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURERITS AGENTS OR 3300 NEWPORT BLVD; P. 0. BOX 1768 REPRESENTA ES. AUTHORIZED EPRESENTAT Newport Beach, CA 92658 ACORD25- S(7/97)1 of 2 #S23774/M12063 ( ' THC © ACORD CORPORATION 1988 DE IPTIONS (Continued from 4e 1) *Except 10 days notice of cancellation for non - payment of premium. AMS 25.3 (07197) 2 of 2 4S23774/M12063 0 41 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of r),ro_4N o.Q . On r \ O _()l 0k , before me, i Date personally appeared OA ✓O of CATHY F 15HER Co; i io* C164Om21mnlin - Ha z Orange CO, MY My Comp^. ExrX: 's `sc" 7' 2(02 -ate Place Notary Seal Above ss. Names) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the perso (s) )whose nam (s is arej subscribed to the within instrument and acknowledged to me that he/ thei the saw� in his /he their t capacitx(igsy, and that y hi signatur s n the instrument the pE the entity upon behalf of which the acted, executed the instrument. W S my hand and o cial s al. Slg lure o Notar Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached curpent �_^ p SS Title or Type of Document: 5 Document Date: `\C) _ Number of Pages:, Signer(s) Other Than Named Above: \ 2' J� G� ✓ Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): Li Partner —_ Limited _.. General 5 C Attorney in Fact Trustee ! Guardian or Conservator ,5 Other: Signer Is Representing: 1997 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402 RIGHTTHUMBPRINT OF SIGNER c� C >j t. z t' r. Chatswoah. CA 91 31 3 -240 2 Pose No 5907 Reortler Call Toll -Free 1- 800876 -6821 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT DESIGN SERVICES FOR JAMBOREE ROAD /EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this a ,5J h day of L. cl,1b, / 1999, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and TETRA TECH, INC., whose address is 600 City Parkway, Suite 300, Orange, California 92868, (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On April 13, 1998, 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. Consultant performed additional design work related to the aesthetic treatment of the retaining walls for the project. Also, the Consultant prepared additional traffic control plans and temporary traffic signal plans. 2. Consultant shall be compensated for additional services performed pursuant to this Agreement in the amount of nine thousand one hundred dollars ($9,100). The Term of this agreement shall terminate on the 31st day of December 1999, unless terminated earlier as set forth herein. 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 AMENDMENT NO. 1 on the date first above written. APP D S TO FORM: City Attorney ATTEST: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, a munici porati n BY: uennis u. u-neit, mayor TETRA fa C. BY: f: \users \pbw \shared \agreements \fy 99 -00 \tetra tech - amendment -1.doc 0 9 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California (ira��v J ss. County of J On �0%r/r/t Z5�j �a�� , before me, �610vll fill. Iy , Date e and Title of Officer (eq ,"Janel O1'oe, actor, Public') personally appeared IA YNarl M, 1 �tYK IGSS Name(s) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence LEILANI V. IN6 Commission � 717096p z •�-� No-ory Puolic - CoVomto - Orange County My C�;rnm. Expires Jon 25, 2002 to be the persore whose name is /0) subscribed to the within instrument and acknowledged to me that he /she(&�bxecuted the sama in his/her4EiiD authorized capacity4jj and that by his /her eir signature�on the instrument the person or the entity upon behalf of which the person s) acted, executed the instrument. WITNESS my hand and o icial seal. 4a^_ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 1 Individual C Corporate Officer — Title(s): _i Partner —F— Limited L_ General G Attorney in Fact 7 Trustee (1 Guardian or Conservator (J Other: Number of Pages: Top of thumb here y Signer Is Representing: 4� , -O. �i;.,G,f ., .,- C�i!,, "`- 'r.:.. >!:...! .. f�fG., .<•c `.c: ..- ..- ..�C.�e:::.:.. ...-., L. ir:::)C"1�.,.1,c,�Gti�`1CCr'.�ji 03199] National Notary Association • 9350 Oe Soto Ave.. PO. Box 2402 • Chatsworth. CA 9134 -2402 Prod No 5907 Reorder Call Tall -Free t- BOD -B]6 -602] 9 0 • October 25, 1999 CITY COUNCIL AGENDA ITEM NO. 9 RPF rR 0V TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: JAMBOREE ROAD /EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS — PROFESSIONAL SERVICES AGREEMENT WITH DIAZ - YOURMAN AND ASSOCIATES (GEOTECHNICAL), AND AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. — CONTRACT NO. 3202 RECOMMENDATIONS: Approve Professional Services Agreement with Diaz - Yourman and Associates Geotechnical Services for geotechnical testing. 2. Approve Amendment No. 1 to Professional Services Agreement with Tetra Tech, • Inc., for additional design services. 3. Approve a budget amendment appropriating $ 9,100.00 to Account No. 7181 - 05200421, Jamboree /Eastbluff Improvements from Account No. 7181- C5100070, EIR/Preliminary Plans. DISCUSSION: 1. Diaz - Yourman and Associates. On May 24, 1999, the City Council awarded Contract No. 3202 B to Peterson -Chase General Engineering Construction, Inc., for the construction of the intersection improvements at Jamboree Road and Eastbluff Drive. As a part of the City Council action with regards to this contract, an amount of $ 100,880.18 was established in Account No. 7261- C5200473 (Transportation and Circulation) to cover the cost of unforseen work and materials testing. The project includes construction of a complex tie -back retaining wall system and grading adjacent to the existing steep slope on Jamboree Road. Due to the nature of the construction involved, it was determined that the services of a geotechnical engineer would be required during construction to assure public safety and maintain quality construction methods. A Professional Services Agreement has been prepared with Diaz - Yourman and Associates to provide geotechnical engineering services for this project as outlined in the attached scope of services. A total of $ 40,700.00 is established to cover the cost of these professional services. Funding for this work . will be covered with the amount set aside for extra work described previously, Account No. 7261- C5200473 (Transportation and Circulation). -oar SUBJECT: Jamboree Road /EastbI*ve Intersection Improvements • October 25, 1999 Page 2 2. Tetra -Tech, Inc. On April 13, 1998, the City Council approved a Professional • Services Agreement with Tetra -Tech, Inc. for the preparation of plans, specifications and cost estimates for improvements at the intersection of Jamboree Road and Eastbluff Drive. During the design of the retaining walls, considerable time was spent by the consultant working through the aesthetic details of the wall. The original design scope did not cover aesthetic treatment to the walls. Also, additional traffic control plans and temporary traffic signal plans were required for inclusion in the project and were not originally budgeted. Tetra -Tech, Inc. has requested additional compensation in the amount of $ 9,100.00 to cover this work. Staff recommends that Amendment No. 1 to Tetra -Tech, Inc.'s Agreement (copy attached) be approved by the City Council, and that the Mayor and the City Clerk be authorized to sign it on behalf of the City. 3. Budget Amendment. The additional costs described above for Tetra -Tech, Inc., require a budget amendment. The requested budget amendment is the appropriation of $ 9,100.00 from Account No. 7181- C5100070, EIR/Preliminary Plans to Account No. 7181- C5200421, Jamboree / Eastbluff Improvements. This project is proceeding as scheduled and should be completed in late December. Respectfully ssubbm'ift W • PUBLIC WORKS DEPARTMENT Don Webb, Director By: I (t atid� =0 w�a�adw� Antony Brine, P.E. Transportation Engineer Attachments: Professional Services Agreement with Diaz - Yourman & Associates Amendment No. 1 to Tetra Tech Professional Services Agreement f: \users\pbw\ shared\ council \fy99 -00 \october- 25\eastbluff jamboree.doc A 0 • I PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of 1999, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Diaz - Yourman & Associates, whose address is 17421 Irvine Blvd., Tustin, California, 92780-3012,. (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement improvements at the intersection of Jamboree Road /Eastbluff Drive including, but not limited to, the construction of retaining walls, new curb, gutter and sidewalk, roadway pavement, median and island work to provide for a free right -turn lane ( "Project "). C. City desires to engage Consultant to provide geotechnical engineering services during construction of subject project, including observation of slope excavation and observation of drilling of soldier piles and tie -back anchors, performing laboratory tests to check soil quality, and other work as -1- 0 0 outlined in the attached Proposal, upon the terms and conditions contained • in this Agreement. D. The principal members of Consultant are for purpose of Project are Christopher M. Diaz, P.E. and Alan M. Yourman, Jr., P.E., G.E.. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned .1 parties as follows: 1. TERM The term of this Agreement shall commence on the 28th day of June, 1999, and • shall terminate on the 31st day of December, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this -2- • • • • Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Forty thousand seven hundred dollars ($ 40,700 ). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City and based upon the monthly invoices. 3.3 Consultant shall not receive any compensation for extra work without prior • written authorization of City. Any authorized compensation shall be paid in accordance 11 7 with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. -3- 0 B. Approved computer data processing and reproduction charges. • C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will • perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, • ME 9 0 lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to • approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor "), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be fresponsible for the Contractor's schedules or failure to carry out the work in accordance 11 1 with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or -5- 0 0 employees of City. Consultant shall have the responsibility for and control over the • details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all 0 phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Alan Yourman. Jr.. P.E., G. E. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. e Q� • • 0 • Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the Contractor's construction schedule and activities, or as directed by the City. The failure by Consultant to strictly adhere to the construction schedule, or City's directions, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible 0 for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 1] -7- • • 9. CITY POLICY • Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared.by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or • are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims to the extent arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall N • i 0 • apply even in the event of negligence (active or passive) of City, or its employees, or other contractors on a comparative basis of fault and, excepting'only the sole negligence or willful misconduct of City, its officers or employees, shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be • signed by a person authorized by that insurer to bind coverage on its behalf and must be 0 filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of 91 0 Consultant, per the laws of the State of California. • B. Commercial general liability insurance covering third party liability risks, including 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. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to • be performed in connection with this Agreement in the minimum amount of One Million Dollars ($ 1.000,000 ) Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has -10- I 0 • • agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. • The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant 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, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15, OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in -11- E connection with this Agreement shall be the exclusive property of City. 0 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. The Consultant • may retain a copy of all project documents for their files. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be -12- .,, 0 • • entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. • 18. ADMINISTRATION 0 This Agreement will be administered by the Public Works Department. Antony Brine, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be -13- 0 0 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. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive • interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. -14- 0 • 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination • of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation • of this Section. 24, SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered -15- personally or on the third business day after the deposit thereof in the United States mail, . postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 Attention: Antony Brine, P.E. (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Alan Yourman, P.E. Diaz - Yourman & Associates • 17421 Irvine Blvd. Tustin, CA 92780 -3012 (714) 838 -8565 Fax (714) 838 -8741 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two -16- e • 9 0 (2) days after receipt by defaulting party from the other party of written notice of default, • specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and • regulations enacted or issued by City. • 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or -17- implied covenant shall be held to vary the provisions hereon. Any modification of this • Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, • or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. !D so i • • C� 0 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk -19- CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor City of Newport Beach CONSULTANT 0 DIAZ•YOURMAN 0 & ASSOCIATES /,��W S:M%�vvr • June 9, 1999 Project No. 238 -01 Mr. Tony Brine City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 -8915 Subject: Proposal for Geotechnical Services During Construction Jamboree Road / Eastbluff Drive Intersection Improvements Newport Beach, California Dear Mr. Brine: INTRODUCTION F.; bLIC tiro;innt. Diaz•Yourman & Associates (DYA) is pleased to present this proposal to provide geotechnical services during construction for the subject project. This proposal is based on: the recommendations contained in our geotechnical report dated October 7, 1998, for the subject project; • our review of the Project Plans dated April 19, 1999, prepared by Tetra Tech; our review of the Project Specifications, undated, Contract No. 3202 (B), received April 30, 1999; our review of your fax dated May 17, 1999; and, • discussions with you. PURPOSE AND SCOPE The purpose of our services during construction will be to observe and check that the work is performed in accordance with the intent of our recommendations and the project plans and specifications. The scope of our services during construction will likely consist of the following. • Observing drilling of soldier piles and tie -back anchors (full- time). • Monitoring testing of tie -back anchors (full- time). • Observing slope excavation, site preparation, fill placement, and compaction (part- time). • Performing laboratory tests to check soil quality and compaction characteristics (as requested). • Performing field density tests to check compaction (full- and part- time). • • Observing foundation installation (part- time). Performing concrete cylinder testing (as requested). FIDATAFLSPROJECTS238 4111APROP.DOC 17421 IRVINE BLVD. TUSTIN, CA 92780 -3012 TEL. (714) 838 -8565 FAX (714) 838 -8741 1.� Mr. Tony Brine Project No. 238.01 June 9,1999 Page 2 • Providing engineering consultation (as requested). • Preparing a report summarizing the results of our construction observation services. • 0 FEE/SCHEOULE It is not possible to accurately budget for our services for construction without the detailed contractor's schedule. Also, DYA's services are dependent upon the contractor's efficiency, progress, and methods of operations. Thus, we will provide our services for construction on a time - and - expense basis in accordance with DYA's Schedule of Charges, Service Agreement, and General Conditions. However, we have provided an estimate for initial budgeting purposes as summarized in Table 1, Table 1 - ESTIMATED FEE TASK UNITS RATE FEE Task 1 -• Observing drilling of soldier piles and tieback anchors 15 days $750 /day $11,250 Task 2 — Monitoring testing of lie -back anchors 7 days $750 /day $5,250 Task 3.Obselvo•slope excavation, site preparation, fill placement, field density testing 15 half days $375 $5,G25 Task 4 — Performing laboratory testing of soils - -• - -• $1,000 Task 5.- performing field density testing to chock compaction 13 half days $375 v$4,875 l'ask 6 — Observing foundation installation 10 half days $375 $3,750 Task 7 — Performing concrete cyfinder testing 30 $65 $1,950' F, __1 8 - Provide engineering consultation, as requested - -- ••• $3,000 Task 9 — Preparing a report summarizing the results of our services - -- $4,000 TOTAL $40,700 The fee estimate in Table 1 is based on an S -hour workday during normal working hours; half days are based on a 4 -hour workday. The DYA on -site representative will be equipped with nuclear soil density testing gauge for Tasks 3 and 5. G POAI AFL SMAOJEC1 SV 38 -0111 ARPRe11.00C • Mr. Tony Brine Project No. 238 -01 CLOSURE June 9, 1999 Page 3 To provide written authorization to proceed, please and return one copy of the attached service agreement, or issue a mutually agreeable contract. We appreciate the opportunity to propose our services to you and look forward to working with you on this project. If you have any questions, please call. Very truly yours, DIAZ•YOURMAN & ASSOCIATES Christopher M. Diaz, P.E. Project Engineer Allen M. Yourman, , P.E., G.E. Vice President CMD /AMY:cd F.�ATAFLSTROJECTSU3&6 l\1APROP.DOC ,,a L DIAZ•YOURMAN & ASSOCIATES 0 Schedule of Charges -1999 Professional Services Junior......................................................................................... ............................... $70.00/hour Staff....................................................................................................... .....................80.00/hour Project................................................................................................... .....................95.00/hour Senior................................................................................................... ....................110.00/hour Associate............................................................................................. .....................120.00/hou r Principal................................................................................................ ....................130.00/hour Support Services Clerical........... ............................... Word Processing .......................... Draftinglrechnical Editing............ Technician ..... ............................... Senior Technician ......................... .....$40.00/hour .......55.00/hour .......65.00/hour .......55.00/hour .......70.00/hour Equipment Computer................................................................................... ............................... $10.00/hour Truck............................................................................................. ..............................1 i.00/hour Automobile..................................................................................... ............................... 0.35 /mile • Nuclear Gauge ....................................................... ............................... ...................... 75.00 /day Other Equipment ........................................................... ............................... Separate Schedule Outside direct costs such as equipment rental, outside services, and printing, copying, travel, andsubsistence ........................................................................ ............................... Cost + 15% • sonnel hourly rates will be increased by 20 percent for any work performed on weekends or holidays, or in excess of 8 hours per day. Contract personnel may be charged at the hourly rates listed above. Travel time will be charged at regular hourly rates. Appearances as a witness (including depositions and court appearances) will be charged at a rate of $250/hour plus expenses, with a minimum daily charge of 4 hours. Preparation will be charged at regular hourly rates. Aces are due upon receipt and are past due 30 days after the invoice date. A finance charge of 1.5 percent per month, or the maximum allowed by law, will be charged on past due invoices. t 9991 ilia 17421 IRVINE BLVD. TUSTIN, CA 92780 -3012 TEL. (714) 838 -8565 FAX (714) 838 -8741 11 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT • DESIGN SERVICES FOR JAMBOREE ROAD /EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this day of ,1999, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and TETRA TECH, INC., whose address is 600 City Parkway, Suite 300, Orange, California 92868, (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. On April 13, 1998, 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. Consultant performed additional design work related to the aesthetic treatment of the retaining walls for the project. Also, the Consultant prepared additional traffic control plans and temporary traffic signal plans. 2. Consultant shall be compensated for additional services performed pursuant to this Agreement in the amount of $9,100. The Term of this agreement shall terminate on the 31st day of December 1999, unless terminated earlier as set forth herein. 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. �L 0 u IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: LaVonne Harkless • City Clerk • ., I CITY OF NEWPORT BEACH, a municipal corporation M Homer Bludau, City Manager CONSULTANT Lola Tetra Tech, Inc. f: \users \pbw \shared\agreements \fy 99 -00 \tetra tech - amendment -1.doc C6r of Newport Beachi BUDGET AMENDMENT 1999 -00 NO. BA- 020 AMOUNT: $9,100.00 FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance NX Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: X from existing budget appropriations from additional estimated revenues from unappropriated fund balance rVn1 w \IwTlf1\I. This budget amendment is requested to provide for the following: To transfer appropriations from EIR /Preliminary Plans to the Jamboree/Eastbluff Improvements capital project. The funds are for additional design services by Tetra -Tech, Inc. There have been no prior budget amendments. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7181 Gas Tax Account Number C510DO70 EIR/Preliminary Plans Division Number 7181 Account Number C5200421 Division Number Account Number Gas Tax Jamboree /Eastbluff Improvements Amount Debit Credit $9,100.00 Division Number Account Number • Auromarle System Entry. Signed: led: $9,100.00 11L Date D D at • Signed: City Council Approval: City Clerk Date C* of Newport Beacho NO. BA- 020 BUDGET AMENDMENT 1999 -00 FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations AND PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: P XIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance fly nC _'. ;iDr.pT c _ln rU off 25;.. To transfer appropriations from EIR/Preliminary Plans to the Jamboree /Eastbluff Improvements capital project. The funds are for additional design services by Tetra -Tech, Inc. There have been no prior budqet amendments. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Signed: ied: Signed: 1, F Approval: Finance Administrative ApprAal: City Manager City Council Approval: City Clerk Amount Debit Credit $9,100.00 Automadc System Entry. $9,100.00 Date /d Dat Date Description Division Number 7181 Gas Tax Account Number C5100070 EIR/Preliminary Plans Division Number 7181 Gas Tax Account Number C5200421 Jamboree /Eastbluff Improvements Division Number Account Number Division Number Account Number Signed: ied: Signed: 1, F Approval: Finance Administrative ApprAal: City Manager City Council Approval: City Clerk Amount Debit Credit $9,100.00 Automadc System Entry. $9,100.00 Date /d Dat Date PROFESSIONAL SERVICES AGREEMENT FOR JAMBOREE ROAD /EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS This Agreement, entered into this 13`" day of April, 1998, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and IWA Engineers whose address is 600 The City Parkway West, Suite 300, Orange, California, 92868, (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 is planning to implement improvements to the intersection of Jamboree Road at Eastbluff Drive ('Project'). C. City desires to engage Consultant to complete final design engineering for 'Project' including: survey work, geotechnical analysis, right -of -way plans, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of this Project are Kelly Nolan, P.E. and Richard Burns, P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in -1- • 0 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 13th day of April, 1998, and shall terminate on the 31st day of October, 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the Transportation and Development Services Manager. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of seventy -eight thousand eight hundred ninety -six ($78,896.00). 3.1 Consultant shall maintain accounting records of its billings which includes the position of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- • • computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the Transportation and Development Services Manager and based upon the monthly invoices. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the Transportation and Development Services Manager. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, 991 0 beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. Ell 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPEF,ATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Kelly Nolan, P.E. to be its Project Manager. Consultant shall not bill any personnel to the Project other than those -5- 0 E personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by position and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule included as a part of the Consultant's proposal. The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays that are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance go Li 1] in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. -7- 0 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance BE 9 policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to 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). H 0 Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint -10- 0 0 venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. -11- 0 0 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Antony -12- 0 0 Brine, P.E., shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City 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. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. -13- Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. 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 SCE 0 0 of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. Anthony Brine, RE City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 Fax (714) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Kelly Nolan, P.E. IWA Engineers 600 The City Parkway West Suite 300 Orange, CA 92868 (714) 456 -0166 Fax: (714) 456-0161 -15- 0 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either parry 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 -16- 0 0 same or any other terra, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion -17- 0 0 of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney City of Newport Beach ATTEST: 'City Clerk \ \d p \sys\ groups \pu bworks\agmt \98 \iwa. doc �� CITY OF NI A Municipal Q=Aru A Thorteas Edwards, Mayor City of Newport Beach CONSULTANT r/ac� 101-esI'41e4 1 0 WORK PLAN EXHIBIT A: SCOPE OF WORK 0 There are three basic phases for the work plan: preliminary engineering, final design, and construction support. The Phase I effort will include the evaluation of adjacent property impacts and minimum limits of work and other details as described below. The following outlines these phases and there major tasks: Phase I Preliminary Engineering Research and Data Collection Control and Topographic Surveys Prepare Base Maps Utility Research and Notdication Prepare Concept Layout and R/W Plans Initiate Geotechnical/Materials Investigation Concept Approval Progress Meetings with City Phase II Final Design and PS &E Prepare /Process 90 %, 100% Submittals and Final Plan Approval Prepare Final Legal Descriptions and R/W Plats Prepare Final Plans Specifications and Estimates Progress Meetings with City Submit Bid Documents to City Provide Bidding Assistance Phase III Construction Services Attend Preconstruction Meeting Prepare As -Built Plans Construction Consultation DESIGN METHODOLOGY The project design scope will be reviewed and clarified at project kickoff. The documents will be prepared in accordance with the City of Newport Beach design criteria, policies, procedures, manuals, and standards (1994 edition). Special provisions will be prepared in accordance with the Standard Specifications for Public Works Construction (Green Book), Caltrans Standard Specifications (as appropriate), and City special requirements. IWA will use the latest editions of reference materials. At this time, we anticipate using City plan sheets at a 24" by 36" size. The project will be prepared in English or metric units (at the City s option). The entire design will be prepared utilizing AutoCAD Release 14 for drafting and Softdesk AdCadd software for design. The CPM schedule will be prepared using SureTrak, Primavera -based scheduling software which IWA has used extensively in the past on similar projects. All IWA senior level, staff engineers, and designers use both the AdCadd design software and AutoCAD to produce the final products. The orderly development of the design and PS &E is in general a chronology of tasks. The proposed technical work program has been divided into several tasks and are outlined below. March 27, 1998 Exhibit A: Scope of Work Page At 0 0 Task 1 Data Collection and Review Task 2 Topographic and Control Survey Task 3 Utility Research and Coordination Task 4 Base Map Preparation Task 5 Concept Plans (Geometries, Walls, & Landscaping) Task 6 Geotechnical Investigation Task 7 Right -of -Way Engineering Task 8 Final Plans Task 9 Quantity and Cost Estimates Task 10 Contract Documents and Technical Specifications Task 11 Bidding Assistance Task 12 Construction Services The following describes these tasks in greater detail. These tasks overlap one another and are not intended to be mutually exclusive of the other phases /tasks and are not implied to be sequential. Task 1 — Data Collection and Review IWA will research, obtain and review information such as as- builts, survey control records, utility locations through contacts with utility companies, drainage information, traffic signal locations, lighting and power poles, substructure information, any previous survey information, previous materials /geotechnical reports, project - related reports and studies, right -of -way records, and other information as available and necessary for the project development and design. It is anticipated the City will provide assistance for right -of -entry on to private properties for surveys as well as geotechnical investigations. Task 2 — Topographic and Control Surveys The survey will include the establishment of vertical and horizontal control for the project. All surveying will be tied to City and County control. This task will include locating existing planimetrics features relative to the project, including within and behind existing City right -of -way areas of the proposed improvements which are pertinent to, or potentially in conflict with, the proposed project. All survey data will be kept on disk. The collected survey data will be made available to the City upon request. City survey data on file will be provided by the City for use in base mapping. Task 3 - Utility Research and Coordination The first step in the utility investigation will be to identify and contact all utility companies affected by the project to obtain their as- builts and determine easement locations. Utilities within the sphere of the project limits will be located to the extent of available records, and the size and type of facility determined. From the utility as- builts, IWA will determine the conflicts or impacts the proposed improvements may have with the existing utilities. IWA will consult, coordinate, and perform related follow -up with the affected utility companies regarding the specific impact locations throughout the project to identify design controls and considerations necessary for plan preparation and approvals. This will be determined for each utility company and facility. Prepare to Relocate notices (as applicable) will be transmitted to affected utility agencies to determine the magnitude of the relocations, schedules, and further coordination requirements. Potholing requirements will be coordinated with the affected utility companies but will not be conducted by IWA Engineers as a part of this project unless specifically requested by the March 27, 1998 Exhibit A: Scope of Work Page A2 0 10 City, in which case it will negotiated as extra work. Prior to project bidding, Notices to Relocate (if applicable) will be transmitted along with the approved project plans to affected utility agencies as previously identified requesting immediate relocation. IWA will coordinate closely with the City during these phases of work to keep the City informed of progress with utility companies. Task 4 - Base Map Preparation The base map will be prepared using the field survey obtained from Task 3 and as -built information from Task 2. The map will be prepared at the standard City scale (1"=40' for layout). The mapping can be adjusted in scale to provide the background for sheets other than this scale. This task will be completed by compiling the survey information and transferring that data to the topographic map and adding the utility information. Task 5 — Concept Plans Based on the scope of work and the kickoff meeting, IWA will prepare the concept geometric layout, retaining wall concepts, landscaping, and R/W requirements for the project. The concept plans will be reviewed with the City and affected property owners (as necessary) to gain feedback and final consensus for City approval and property owner acceptance. The concept layout will be the basis for preparation of the final plans and RIW requirements. The process of developing the concept plan must initiate with a meeting with the adjacent property owner to understand critical site elements which control the widening design and wall layout. A memo will be prepared documenting the outcome of this meeting for the basis of developing the concept plans. It is proposed to develop three alternative wall layouts for submittal with the concept plans. Task 6 - Geotechnical Investigation Diaz - Yourman & Associates will perform a geotechnical investigation and prepare a report which includes slope stability, seismic hazards, retaining wall foundation and design criteria, and pavement structural section recommendations, lateral earth pressures, soil corrosivity. We anticipate the investigation will include 5 exploratory borings. The boring samples will be examined in a laboratory to determine in -situ soil properties and proposed design recommendations. The report will be included in the specifications as an appendix for reference. Task 7 - Right -of -Way Engineering IWA will work with the City as necessary during R/W discussions with existing land owners. The concept plans will be used to develop the preliminary R/W alignment. Legal descriptions and plats will be prepared for the City's use in the appraisal and R/W acquisition process. It is understood at this time the City will have the responsibility of appraisal and R/W acquisition. Task 8 — Final Plans This task will be the development of the final design plans. The final design will be based on the approved conceptual geometrics. The drawings will be prepared in AutoCad and design files in Softdesk AdCadd civil design software. Design progress submittals will be made at 90 %, 100 %, and final submittal of mylars and reproducible of special provisions and related materials to the City for project advertising. Traffic signal, safety lighting design, signing and striping, and traffic control plans will be prepared by our subconsultant, Linscott, Law, & Greenspan (LLG). LLG is a March 27, 1998 Exhibit A: Scope of Work Page A3 0 0 professional engineering firm with special expertise in traffic planning, engineering and design. AEC consultants will provide structural engineering support as needed to address wall type selection and special retaining wall design. The estimated plan sheet list is as follows: Description No. of Sheets Title Sheet 1 Notes, Abbreviations and Legends 1 Typical Sections and Details 1 Layout and Grading Plan 1 Top of Curb Profile Plan 1 Composite Utility Relocation Plan 1 Retaining Wall Plan and Details 2 Miscellaneous Details and Drainage 1 Traffic Signal Modification Plan 1 Traffic Signing and Striping Plan 1 Traffic Control/Staging/Detour Plans 1 Landscape and Irrigation Replacement 2 Estimated Total Sheets 14 Task 9 - Quantity and Cost Estimates Construction quantity and cost estimates will be prepared during this task. The estimates will show quantities and unit prices for each work item along with appropriate mobilization and contingency costs. An engineer's estimate of probable costs will be provided with 90 %, 100% and final submittal. The final engineers' cost estimate will be submitted at the time of project approval along with a bid form for inclusion in the bid package. Task 10 — Contract Documents and Technical Specifications The City will provide the boilerplate contract documents to be included in the specifications package. IWA will compile the boilerplate contract documents and prepare the technical specifications using the Green Book. Task 11 — Bidding Assistance The City will advertise the project for construction. IWA will provide bidding assistance for the City and provide clarification and prepare addenda for the City's project Manager as needed to answer contractor questions during the bidding period. Task 12 — Construction Services IWA will attend the preconstruction meeting and provide as -built plan preparation from contractor provided redlined field drawings. Consultation during construction will also be provided to assist in plan interpretation and resolution of routine field issues. March 27, 1998 Exhibit A: Scope of Work Page A4 0 0 IWA IWA Engineers Exhibit B: Rate Schedule Professional Services Hourly Rate f$) Principal 130/115 Senior Project Engineer 95 Project Engineer 85 Staff Engineer /Senior Designer 75 Junior Engineer /CADD Designer 65 CADD Technician 55 Administrative Support 45 Survey Services Two - Person Survey Crew 140 Three - Person Survey Crew 165 Senior Office Surveyor 85 Office Surveyor 65 Reimbursable Expenses Reproduction Cost + 10% Consultant Services Cost + 10% Automobile Transportation 0.31 /mile Commercial Travel & Subsistence Cost Agency Fees (Plan Check, Permits, etc) Cost Outside Computer Services Cost + 10% Computer Plots - BondNellum $3 ea Color $10 ea (Rates subject to revision after 1/1/98) r TO: Mayor and Members of the City Council FROM: Public Works Department i April 13, 1998 CITY COUNCIL AGENDA ITEM NO. 11 SUBJECT: PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR JAMBOREE ROAD /EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS RECOMMENDATIONS: 1. Approve a Professional Services Agreement with IWA Engineers of Orange, California in the amount of $78,896.00, for preparation of plans, specifications and cost estimates for improvements at the intersection of Jamboree Road /Eastbluff Drive. 2. Authorize a budget amendment to transfer $84,000.00 from account number 7181- C5100070, EIR /Preliminary Plans to account number 7181- C5200421, Jamboree /Eastbluff Improvements. DISCUSSION: At the December 8, 1997, City Council meeting, staff was directed to finalize preliminary design and engineering for a free right -turn lane from eastbound Eastbluff Drive to southbound Jamboree Road (see attached Concept Geometric Layout plan). This preliminary engineering work has been completed and a Request for Proposal (RFP) for professional engineering services was prepared and sent to seven engineering firms. A total of six proposals were received in response to the RFP. After reviewing the proposals, staff invited three firms to interview for the purpose of selecting the most - qualified firm to complete the design of the proposed improvements. Based upon the interviews and ratings, staff recommends the approval of a professional services agreement with IWA Engineers of Orange, California covering: design survey work, geotechnical analysis, plans and specifications preparation including construction cost estimate, and right -of -way plan preparation. IWA Engineers has successfully performed similar services on a large number of public works projects, most notably the Bison Avenue /MacArthur Boulevard widening and intersection improvements, and the Campus Drive /MacArthur Boulevard intersection improvements. A specific scope of work and a budget for corresponding costs were agreed upon between the City and IWA Engineers and e SUBJECT: PROFESSIONAL ENNEERING SERVICES AGREEMENT FOR JAMBOVE ROAD /EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS April 13, 1998 Page: 2 these items are attached as exhibits to the City's Professional Services Agreement. A total of $78,896.00 is established to cover the cost of these professional services, plus $5,000 for additional project related costs. Each fiscal year, City Council authorizes Gas Tax funding for the preparation of preliminary plans for capital project needs that are identified throughout the year. Staff proposes to utilize this funding source for this project. Therefore, a budget amendment is needed to transfer funds, in the amount of $84,000.00, from account number 7181- C5100070, EIR /Preliminary Plans to account number 7181 - 05200421, Jamboree /Eastbluff Improvements. Additionally, as part of the FY 1998 -99 budget preparation process, a capital project has been submitted for construction of the improvements for next year. The Circulation and Transportation Fund is the proposed funding source for the construction phase of the project, along with a contribution from The Irvine Company. Respectfully submitt (:2 ) PUBLIC WORKS DEPARTMENT Don Webb, Director By. Antony Brin Transportation Engineer Attachments: Concept Geometric Layout plan Professional Services Agreement — IWA Engineers f:\ groups \pubworks \council \98 \apr- 13 \jamboree.doc 10 't No xgo ap No xgo BUDGET AMENDMENT 1997 -98 GFECT ON BUDGETARY FUND BALANCE: CW of Newport Beacham Agenda Item NO. BA- No. 11 057 �•. �tJ�� BUDGET AMENDMENT 1997 -98 GFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates PX Increase Budget Appropriations AND Transfer Budget Appropriations X from existing budget appropriations from additional estimated revenues from undesignated fund balance EXPLANATION: AMOUNT: $84,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance Arri . J y p'��.� ^ +'jr Ai 1 IrVYL This budget amendment is requested to provide for the following: To enter into a Professional Services Agreement with IWA Engineers of Orange, California to prepare plans, specifications and cost estimates for Jamboree Road /Eastbluff Drive intersection improvements. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 'REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Description Description Division Number 7181 Gas Tax Account Number C5100070 EIR /Preliminary Plans Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Oned: 7181 Gas Tax C5200421 Jamboree /Eastbluff Improvements Fin City Manager City Council Approval: City Clerk Amount Debit Credit $84,000.00 ` Automatic $84,000.00 Date y z -sue Date Date 0 TO: Mayor and Members of the City Council FROM: Public Works Department 0 April 13, 1998 . CITY COUNCIL AGENDA ITEM NO. SUBJECT: PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR JAMBOREE ROAD /EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS RECOMMENDATIONS: 1. Approve a Professional Services Agreement with IWA Engineers of Orange, California in the amount of $78,896.00, for preparation of plans, specifications and cost estimates for improvements at the intersection of Jamboree Road /Eastbluff Drive. 2. Authorize a budget amendment to transfer $84,000.00 from account number 7181- C5100070, EIR /Preliminary Plans to account number 7181- C5200421, • Jamboree /Eastbluff Improvements. DISCUSSION: At the December 8, 1997, City Council meeting, staff was directed to finalize preliminary design and engineering for a free right -turn lane from eastbound Eastbluff Drive to southbound Jamboree Road (see attached Concept Geometric Layout plan). This preliminary engineering work has been completed and a Request for Proposal (RFP) for professional engineering services was prepared and sent to seven engineering firms. A total of six proposals were received in response to the RFP. After reviewing the proposals, staff invited three firms to interview for the purpose of selecting the most - qualified firm to complete the design of the proposed improvements. Based upon the interviews and ratings, staff recommends the approval of a professional services agreement with IWA Engineers of Orange, California covering: design survey work, geotechnical analysis, plans and specifications preparation including construction cost estimate, and right -of -way plan preparation. IWA Engineers has successfully performed similar services on a large number of public works projects, most notably the Bison Avenue /MacArthur Boulevard widening and intersection improvements, and the Campus Drive /MacArthur Boulevard intersection improvements. A specific scope of work and a budget for corresponding costs were agreed upon between the City and IWA Engineers and I SUBJECT: PROFESSIONAL VINEERING SERVICES AGREEMENT FOR JAMBOOE ROAD /EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS April 13, 1998 Page: 2 these items are attached as exhibits to the City's Professional Services Agreement. A total of $78,896.00 is established to cover the cost of these professional services, plus $5,000 for additional project related costs. Each fiscal year, City Council authorizes Gas Tax funding for the preparation of preliminary plans for capital project needs that are identified throughout the year. Staff proposes to utilize this funding source for this project. Therefore, a budget amendment is needed to transfer funds, in the amount of $84,000.00, from account number 7181- C5100070, EIR /Preliminary Plans to account number 7181 - 05200421, Jamboree /Eastbluff Improvements. Additionally, as part of the FY 1998 -99 budget preparation process, a capital project has been submitted for construction of the improvements for next year. The Circulation and Transportation Fund is the proposed funding source for the construction phase of the project, along with a contribution from The Irvine Company. Respectfully submitt PUBLIC WORKS DEPARTMENT Don Webb, Director By: Antony Brin Transportation Engineer Attachments: Concept Geometric Layout plan Professional Services Agreement — IWA Engineers f. \g ro ups \p u bworks \co u n ci I \98 \apr -13 \ja m bo ree. doc U ro o� L y O N o a 3 41E Z �,o � N U 0 D U1 ° rw ,o (=)I • x m o � U m ti U II N f p X X N W W p Oz a o� a� NIu / m z � O u �Illi" o ' Of I 1 : c-4i I' v w cn QiP �.. w ,o b ° O " } Fwd N� i J � EE w w O w C CL i w w T U z O U b ° o� �g Fwd N� i WgO � xg i T 00 C z w\ O � 0 np ° b ° o� �g Fwd N� i WgO � mMg I w� m �o = W C w j° � a w�59 1r 11 u 9 o I • PROFESSIONAL SERVICES AGREEMENT FOR JAMBOREE ROAD /EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS • This Agreement, entered into this 13' day of April, 1998, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and IWA Engineers whose address is 600 The City Parkway West, Suite 300, Orange, California, 92868, (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 is planning to implement improvements to the intersection of Jamboree Road at Eastbluff Drive ( "Project') C. City desires to engage Consultant to complete final design engineering for 'Project' including: survey work, geotechnical analysis, right -of -way plans, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of this Project are Kelly Nolan, P.E. and Richard Burns, P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in -1- 0 this Agreement. 0 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 13th day of April, 1998, and shall terminate on the 31st day of October, 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT 0 City shall pay Consultant for the services in accordance with the provisions of this i Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the Transportation and Development Services Manager. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of seventy -eight thousand eight hundred ninety -six ($78,896.00). 3.1 Consultant shall maintain accounting records of its billings which includes the position of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, • -2- 9 0 . computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the Transportation and Development Services Manager and based upon the monthly invoices. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the Transportation and Development Services Manager. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs is incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, -3- 0 9 beginning on the effective date of this Agreement, City may withhold payment of ten • percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. MI • N 9 0 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the 0 desires of City only in the results of the services. • 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Kelly Nolan, P.E. to be its Project Manager. Consultant shall not bill any personnel to the Project other than those -5- 9 9 personnel identified in Exhibit "B ", whether or not considered to be key personnel, without is City's prior written approval by position and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement r and the services shall be performed by Consultant in accordance with the schedule included as a part of the Consultant's proposal. The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays that are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance • M E 0 • in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 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 Mensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. -7- 12. HOLD HARMLESS 0 U Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of • attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance IIn 0 described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury iand property damage. If commercial general liability insurance or other 0 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. 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). ED policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury iand property damage. If commercial general liability insurance or other 0 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. 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). ED 0 Said policy or policies shall be endorsed to state that coverage shall not be • canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a 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 of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint -10- • 11 . venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by . City or others on any other project. Any use of completed documents for other projects • and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. -11- 9 9 16. CONFIDENTIALITY E The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. • B. Provide blueprinting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Antony • -12- 0 0 • Brine, P.E., shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City 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. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. -13- 0 Consultant shall be entitled to receive interest on any withheld sums at the rate of seven . percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. • 23. 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 -14- r 1 U „i 0 0 • of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, • postage prepaid, first class mail, addressed as hereinafter provided. Anthony Brine, RE City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 Fax(714)644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: • Attention: Kelly Nolan, P.E. IWA Engineers 600 The City Parkway West Suite 300 Orange, CA 92868 (714) 456 -0166 Fax: (714) 456-0161 -15- 9 26. TERMINATION E In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the -16- 0 • 0 same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since iConsultant has no control over the cost of labor and material, or over competitive bidding • or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion -17- 0 0 of this Project by others, or for any other Project, excepting only such use as is . authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters, patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. 0 APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney City of Newport Beach ATTEST: Bv: City Clerk \\dp \sys \groups\pubworks \ag mt \98 \iwa.doc M CITY OF NEWPORT BEACH A Municipal Corporation By: Thomas Edwards, Mayor City of Newport Beach CONSULTANT A r 1 I• J 0 EXHIBIT A: SCOPE OF WORK WORK PLAN There are three basic phases for the work plan: preliminary engineering, final design, and construction support. The Phase I effort will include the evaluation of adjacent property impacts and minimum limits of work and other details as described below. The following outlines these phases and there major tasks: Phase I Preliminary Engineering Research and Data Collection Control and Topographic Surveys Prepare Base Maps Utility Research and Notification Prepare Concept Layout and RAN Plans Initiate Geotechnical/Materials Investigation Concept Approval Progress Meetings with City Phase 11 Final Design and PS &E Prepare /Process 90 %, 100% Submittals and Final Plan Approval Prepare Final Legal Descriptions and R/W Plats Prepare Final Plans Specifications and Estimates Progress Meetings with City Submit Bid Documents to City Provide Bidding Assistance Phase III Construction Services Attend Preconstruction Meeting Prepare As -Built Plans Construction Consultation DESIGN METHODOLOGY The project design scope will be reviewed and clarified at project kickoff. The documents will be prepared in accordance with the City of Newport Beach design criteria, policies, procedures, manuals, and standards (1994 edition). Special provisions will be prepared in accordance with the Standard Specifications for Public Works Construction (Green Book), Caltrans Standard Specifications (as appropriate), and City special requirements. IWA will use the latest editions of reference materials. At this time, we anticipate using City plan sheets at a 24" by 36' size. The project will be prepared in English or metric units (at the City's option). The entire design will be prepared utilizing AutoCAD Release 14 for drafting and Softdesk AdCadd software for design. The CPM schedule will be prepared using SureTrak, Primavera -based scheduling software which IWA has used extensively in the past on similar projects. All IWA senior level, staff engineers, and designers use both the AdCadd design software and AutoCAD to produce the final products. • The orderly development of the design and PS &E is in general a chronology of tasks. The proposed technical work program has been divided into several tasks and are outlined below. March 27, 1998 Exhibit A: Scope of Work Page Al PJ Task 1 Data Collection and Review Task 2 Topographic and Control Survey Task 3 Utility Research and Coordination Task 4 Base Map Preparation Task 5 Concept Plans (Geometrics, Walls, & Landscaping) Task 6 Geotechnical Investigation Task 7 Right -of -Way Engineering Task 8 Final Plans Task 9 Quantity and Cost Estimates Task 10 Contract Documents and Technical Specifications Task 11 Bidding Assistance Task 12 Construction Services The following describes these tasks in greater detail. These tasks overlap one another and are not intended to be mutually exclusive of the other phases /tasks and are not implied to be sequential. Task 1 — Data Collection and Review IWA will research, obtain and review information such as as- builts, survey control records, utility locations through contacts with utility companies, drainage information, traffic signal locations, lighting and power poles, substructure information, any previous survey information, previous materials /geotechnical reports, project - related reports and studies, right -of -way records, and other information as available and necessary for the project development and design. It is anticipated the City will provide assistance for right -of -entry on to private properties for surveys as well as geotechnical investigations. • Task 2 — Topographic and Control Surveys The survey will include the establishment of vertical and horizontal control for the project. All surveying will be tied to City and County control. This task will include locating existing planimetrics features relative to the project, including within and behind existing City right -of -way areas of the proposed improvements which are pertinent to, or potentially in conflict with, the proposed project. All survey data will be kept on disk. The collected survey data will be made available to the City upon request. City survey data on file will be provided by the City for use in base mapping. Task 3 - Utility Research and Coordination The first step in the utility investigation will be to identify and contact all utility companies affected by the project to obtain their as- builts and determine easement locations. Utilities within the sphere of the project limits will be located to the extent of available records, and the size and type of facility determined. From the utility as- builts, IWA will determine the conflicts or impacts the proposed improvements may have with the existing utilities. IWA will consult, coordinate, and perform related follow -up with the affected utility companies regarding the specific impact locations throughout the project to identify design controls and considerations necessary for plan preparation and approvals. This will be determined for each utility company and facility. Prepare to Relocate notices (as applicable) will be transmitted to affected utility agencies to determine the magnitude of • the relocations, schedules, and further coordination requirements. Potholing requirements will be coordinated with the affected utility companies but will not be conducted by IWA Engineers as a part of this project unless specifically requested by the March 27, 1998 Exhibit A: Scope of Work Page A2 r_ 0 0 City, in which case it will negotiated as extra work. Prior to project bidding, Notices to Relocate (if applicable) will be transmitted along with the approved project plans to affected utility agencies as previously identified requesting immediate relocation. IWA will coordinate closely with the City during these phases of work to keep the City informed of progress with utility companies. Task 4 - Base Map Preparation The base map will be prepared using the field survey obtained from Task 3 and as -built information from Task 2. The map will be prepared at the standard City scale (1 " =40' for layout). The mapping can be adjusted in scale to provide the background for sheets other than this scale. This task will be completed by compiling the survey information and transferring that data to the topographic map and adding the utility information. Task 5 — Concept Plans Based on the scope of work and the kickoff meeting, IWA will prepare the concept geometric layout, retaining wall concepts, landscaping, and RAN requirements for the project. The concept plans will be reviewed with the City and affected property owners (as necessary) to gain feedback and final consensus for City approval and property owner acceptance. The concept layout will be the basis for preparation of the final plans and RIW requirements. The process of developing the concept plan must initiate with a meeting with the adjacent property owner to understand critical site elements which control the widening design and wall layout. A memo will be prepared documenting the outcome of this meeting for the basis of developing the concept plans. It is proposed to develop three alternative wall . layouts for submittal with the concept plans. Task 6 - Geotechnical Investigation Diaz - Yourman & Associates will perform a geotechnical investigation and prepare a report which includes slope stability, seismic hazards, retaining wall foundation and design criteria, and pavement structural section recommendations, lateral earth pressures, soil corrosivity. We anticipate the investigation will include 5 exploratory borings. The boring samples will be examined in a laboratory to determine in -situ soil properties and proposed design recommendations. The report will be included in the specifications as an appendix for reference. Task 7 - Right -of -Way Engineering IWA will work with the City as necessary during R/W discussions with existing land owners. The concept plans will be used to develop the preliminary R/W alignment. Legal descriptions and plats will be prepared for the City's use in the appraisal and R/W acquisition process. It is understood at this time the City will have the responsibility of appraisal and R/W acquisition. Task 8 — Final Plans This task will be the development of the final design plans. The final design will be based on the approved conceptual geometrics. The drawings will be prepared in AutoCad and design files in Softdesk AdCadd civil design software. Design progress submittals will be • made at 90 %, 100 %, and final submittal of mylars and reproducible of special provisions and related materials to the City for project advertising. Traffic signal, safety lighting design, signing and striping, and traffic control plans will be prepared by our subconsultant, Linscott, Law, & Greenspan (LLG). LLG is a March 27, 1998 Exhibit A: Scope of Work Page A3 r 0 rI L professional engineering firm with special expertise in traffic planning, engineering and design. • AEC consultants will provide structural engineering support as needed to address wall type selection and special retaining wall design. The estimated plan sheet list is as follows: Description No. of Sheets Title Sheet 1 Notes, Abbreviations and Legends 1 Typical Sections and Details 1 Layout and Grading Plan 1 Top of Curb Profile Plan 1 Composite Utility Relocation Plan 1 Retaining Wall Plan and Details 2 Miscellaneous Details and Drainage 1 Traffic Signal Modification Plan 1 Traffic Signing and Striping Plan 1 Traffic ControVStaging/Detour Plans 1 Landscape and Irrigation Replacement 2 Estimated Total Sheets 14 Task 9 - Quantity and Cost Estimates Construction quantity and cost estimates will be prepared during this task. The estimates will show quantities and unit prices for each work item along with appropriate mobilization • and contingency costs. An engineer's estimate of probable costs will be provided with 90 %. 100% and final submittal. The final engineers' cost estimate will be submitted at the time of project approval along with a bid form for inclusion in the bid package. Task 10— Contract Documents and Technical Specifications The City will provide the boilerplate contract documents to be included in the specifications package. IWA will compile the boilerplate contract documents and prepare the technical specifications using the Green Book. Task 11 — Bidding Assistance The City will advertise the project for construction. IWA will provide bidding assistance for the City and provide clarification and prepare addenda for the City's project Manager as needed to answer contractor questions during the bidding period. Task 12 — Construction Services IWA will attend the preconstruction meeting and provide as -built plan preparation from contractor provided redlined field drawings. Consultation during construction will also be provided to assist in plan interpretation and resolution of routine field issues. March 27, 1998 Exhibit A: Scope of Work Page A4 Hj(o r1 LJ • • IWA Engineers Exhibit B: Rate Schedule Professional Services Hourly Rate ($) Principal 130/115 Senior Project Engineer 95 Project Engineer 85 Staff Engineer /Senior Designer 75 Junior Engineer /CADD Designer 65 CADD Technician 55 Administrative Support 45 Survey Services Two - Person Survey Crew 140 Three- Person Survey Crew 165 Senior Office Surveyor 85 Office Surveyor 65 Reimbursable Expenses Reproduction Cost + 10% Consultant Services Cost + 10% Automobile Transportation 0.31 /mile Commercial Travel & Subsistence Cost Agency Fees (Plan Check, Permits, etc) Cost Outside Computer Services Cost + 10% Computer Plots - BondNellum $3 ea Color $10 ea (Rates subject to revision after 1/1/98) a I-