HomeMy WebLinkAboutC-3258(A) - Newport Heights Street Lighting Replacement (Design)PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 18th day of February, 1999, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and
WILLDAN ASSOCIATES, whose address is 12900 Crossroads Parkway South, Industry,
California, 91746 -3499, (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 Professional Engineering Services for Street
Lighting Replacement in Newport Heights ('Project').
C. City desires to engage Consultant to provide professional design services for
the replacement of series circuit street lights to a conventional 240 -volt multiple
system, upon the terms and conditions contained in this Agreement.
D. The principal members of Consultant are for purpose of Project are Lew
Gluesing, P.E., Traffic and Transportation Division Manager and Richard L.
Kopecky, P.E., Senior Vice President.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant and desires to
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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 18th day of February 1999, and
shall terminate on the 1 st day of July 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 ten
thousand dollars ($10,000).
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
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(30) days of receipt of invoice.
3.3 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.
3.4 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
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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 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.
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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.
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 Lew Gluesing, P.E., to be its Project Manager.
Consultant shall not bill any personnel to Project other than those personnel identified in
Exhibit "B ", whether or not considered to be key personnel, without City's prior written
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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. 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.
9. 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.
10. 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.
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11. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or omissions of
Consultant, its employees, agents or subcontractors in the performance of services or work
conducted or performed pursuant to this Agreement, excepting only the active negligence or
willful misconduct of City, its officers or employees, and shall include attorneys' fees and all
other costs incurred in defending any such claim. Nothing in this indemnity shall be
construed as authorizing, any award of attorneys' fees in any action on or to enforce the
terms of this Agreement.
12. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the term of
this Agreement policy or policies of liability insurance of the type and amounts described
below and satisfactory to City. Certification of all required policies shall be signed by a person
authorized by that insurer to bind coverage on its behalf and must be filed with City prior to
exercising any right or performing any work pursuant to this Agreement. Except workers
compensation and errors and omissions, all insurance policies shall add City, its elected
officials, officers, agents, representatives and employees as additional insured for all liability
arising from Consultant's services as described herein.
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All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A VII or better
carriers, unless otherwise approved by City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other form
with a general aggregate is used, either the general aggregate shall apply
separately to 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
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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.
13. 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
ventures 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 or joint venture.
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14. 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.
15. 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.
16. 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
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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, CADD plotting, copying and other services through City's
reproduction company for each of the required submittals. Consultant will be
required to coordinate the required submittals with City's reproduction
company. All other reproduction 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.
D. City will prepare and provide to Consultant street base digital file in AutoCAD
(DXF) compatible format.
17. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Eldon
Davidson, P.E., Utilities Services Manager, 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.
18. 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
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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.
19. 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.
20. 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.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
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22. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeably be materially affected by the
work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeably financially
affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
23. 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.
24. 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.
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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
(949) 644 -3011
Fax(949)646 -5204
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Mr. Lew Gluesing
Willdan Associates
12900 Crossroads Parkway South
Industry, CA 91746 -3499
(562) 908 -6200
Fax(562)695 -2120
25. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions hereof
at the time and in the manner required hereunder, that party shall be deemed in default in the
performance of this Agreement. If such default is not cured within a period of two (2) days, or
if more than two (2) days are reasonably required to cure the default and the defaulting party
fails to give adequate assurance of due performance within two (2) days after receipt by
defaulting party from the other party of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, the nondefaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
25.1 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
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provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
26. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
27. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein whether of the same or a different
character.
28. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
29. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /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
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compared to contractor bids or actual cost to City.
30. CADD DELIVERABLES
CADD data delivered to City shall not include the professional stamp or signature of
an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities
or losses arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data
due to inappropriate storage conditions or duration; or (c) any use by City, or anyone
authorized by City, of CADD data for additions to this Project, for the completion of this
Project by others, or for any other project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for
damages and liability resulting from the modification or misuse of such CADD data.
31. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and employees
against liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
ATTEST:
By
LaVonne Harkless
City Clerk
\ \mis_l \sys \users \utl\shared \willdanpsa.doc
CITY OF NEWPORT BEACH
A Municipal Corp5al-
Director
By: �
of Public Works
pnklC111 TA NT
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Vice President
• Scope of Work
Page 1 of 2
Willdan Associates proposes to perform the following Scope of Work as identified by each
work item task.
TASK I - PROJECT INITIATION
To begin this project, Willdan Associates will meet with City staff to review in more detail and
to discuss specific issues related to the project. At that time the City will be providing the
following information to assist in the completion of the project:
Plans and drawings, as available, showing street alignments and utilities.
Design criteria and any other technical information required for the project.
Any available electronic files for base map and contract document preparation.
Task 2 - DATA COLLECTION
Willdan Associates will perform the following, as necessary, for the preparation of base street
lighting plans:
Compile and analyze pertinent data supplied by the City
Contact utility companies within the project limits and request locations of existing facilities
TASK 3 - FIELD INVESTIGATION
Willdan Associates will conduct a field review within the project limits to verify the accuracy
and adequacy of existing street lighting data as provided by the City. The field review will also
examine the conditions of existing pole foundations and conduit for use with the new street
lighting system. This task can include meeting City staff at the project location to address
design issues.
TASK 4 - PRELIMINARY PLAN PREPARATION
Using the information compiled above, six (6) preliminary street lighting plans will be prepared.
The plans will consist of a title sheet showing a vicinity and key map, up to two (2) detail
sheets, and three (3) plan sheets prepared at a scale of 1 " =40'. The plans will depict existing
street lights and conduit, proposed street lights, new conduit, as necessary, and service
points. Utilities that may impact new installations will be shown in those areas. The plans will
be prepared using Autocad, Release 14, with layering conventions requested by the City.
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• • Scope of Work
Page 2 of 2
TASK 5 - SPECIFICATIONS AND ESTIMATES
Willdan Associates will prepare project specifications and contract bid documents in
accordance with the requirements of the City's design criteria. In addition, project quantity
estimates with overall construction cost estimates will be prepared.
TASK 6 - FINAL PS &E
Following an internal plan review and City review, final plans, specifications, and estimates will
be prepared for delivery to the City. This submittal will be "camera ready" for City
reproduction, advertising and bidding. At this time, the electronic files of the plans,
specifications, and estimates will be submitted to the City.
TASK 7 - CONSTRUCTION ASSISTANCE
Willdan Associates will be available to assist the City during advertisement, bidding and
construction on an as- needed basis. The assistance may entail clarification of the plan for the
contractor, or any changes that may arise during construction that may require the issuance of
modified plans and specifications.
Exhibit "V
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WILLDAN ASSOCIATES
SCHEDULE OF HOURLY RATES
July 1, 1998 - June 30, 1999
Classification
Principal Engineer
Division Manager
City Engineer
Project Director
Supervising Engineer
Sr. Engineer
Sr. Project Manager
Project Manager
Associate Engineer
Sr. Designer (CADD)
Designer (CADD)
Engineering Associate
Sr. Designer
Sr. Design Engineer
Design Engineer
Sr. Drafter
Designer
Sr. Drafter (CAD)
Drafter (CAD)
Drafter
Technical Aide
Spvsr. - Public Works Observation
Sr. Public Works Observer
Public Works Observer
SURVEYING
Sr. Survey Analyst
Sr. Calculator
Calculator II
Calculator I
Survey Analyst II
Survey Analyst I
Spvsr. - Survey
Survey Party Chief
Two -Man Field Party
Three -Man Field Party
Spvsr. - Special Districts Services
Sr. Special Districts Coordinator
Special Districts Coordinator
Special Districts Analyst II
Special Districts Analyst I
Fee Rate
Per Hour
$125.00
120.00
120.00
110.00
110.00
99.00
99.00
90.00
90.00
90.00
82.00
90.00
82.00
76.00
66.00
66.00
65.00
66.00
65.00
54.00
46.00
80.00
73.00
63.00
85.00
85.00
73.00
60.00
73.00
61.00
94.00
89.00
156.00
210.00
104.00
95.00
88.00
71.00
60.00
Exhibit "B"
0
Fee Rate
Classification Per Hour
PLANNING
Principal Planner
$105.00
Sr. Planner
95.00
Associate Planner
80.00
Assistant Planner
68.00
Planning Technician
48.00
Principal Community Development Planner
105.00
Sr. Community Development Planner
95.00
Associate Community Development Planner
80.00
Assistant Community Development Planner
68.00
Community Development Technician
48.00
BUILDING
Supervising Plan Check Engineer
98.00
Plan Check Engineer
82.00
Sr. Plans Examiner
79.00
Plans Examiner
70.00
Plans Examiner Aide
45.00
Spvsr. - Building Inspection
73.00
Building Inspector
63.00
Sr. Permit Specialist
59.00
Assistant Building Inspector
52.00
Permit Specialist
45.00
Building Official
98.00
Deputy Building Official
88.00
LANDSCAPE ARCHITECTURE
Principal Landscape Architect
95.00
Sr. Landscape Architect
80.00
Associate Landscape Architect
70.00
Assistant Landscape Architect
60.00
Computer Data Entry 45.00
Personal Computer Time 15.00
Clerical 40.00
Word Processing 40.00
Additional billing classifications may be added to the above listing during the year as new positions are
created. Consultation in connection with litigation and court appearances will be quoted separately.
The above schedule is for straight time. Overtime will be charged at 1.25 times the standard hourly rates.
Sundays and holidays will be charged at 1.70 times the standard hourly rates.
Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent
(15 %).
A subconsultant management fee of fifteen percent (15 %) will be added to the direct cost of all subconsultant
services to provide for the cost of administration, consultation, and coordination.
These hourly rates are effective through June 30, 1999, and may be adjusted after that date to compensate
for labor adjustments and other increases in costs.
Exhibit "B"
Client #: 6540
WILLDASSO
,AC6RD,. CERTIFIC
OF
LIABILITY
INSU NCE
DDr
/111/ / 99 /999
3/11
PRODUCER;
INSR TYPE OF INSURANCE POLICYNUMBER
LTR
POLICYEFFECTIVEPOUCY EXPIRATION LIMITS
ATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
"'—'-
P. 0. BOX 10550
_s
:-
ONLY. AND CONFERS NO RIGHTS UPON THE CERTIFICATE
.- HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AFTER E COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711 -0550
FIRE DAMAGE (Anyone fire
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CLAIMS MADEC OCCURI
714 427-6810
)
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INSURERS AFFORDING COVERAGE
INSURED
Willdan Associates
888 S. West Street #300
Anaheim, CA 92802
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"INSURER
I URERA:Reliance Insurance Company
INSURERB:ZCIC (Zurich)
1 °. NSURERC:Dgslgn Prof. Ins. Co.
D:
INSURER 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, D(CLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICYNUMBER
LTR
POLICYEFFECTIVEPOUCY EXPIRATION LIMITS
ATE
A 1 GENERAL LIABILITY IPQ8573077
11/09 /98111 /09/99
EACHOCCURRENCE
IS1, 000, 000
17X !COMMERCIAL GENERAL LIABILI IT
FIRE DAMAGE (Anyone fire
$50. 000
CLAIMS MADEC OCCURI
! MED EXP (Any one Oenon)
SS OOO
31, 000, 000
B CONTRACTUAL
i
PERSONAL SADV INJDRY
s2,000,000
_
;GENE
GENERAL AGGREGATE
s2,000,000
AGGREGATE LIMIAPPLIESPER:�
I
PRODUCTS- COMPIDPAGG
'EC 7-1 POLICY ` PRC LOO
AiAUTOMOe1LEUgeILITr PQ8573077 :11/09/98
11/09/99
SINGLE LIMIT,
X'ANYAUTD
i(Eaaccltlenq
�S1, 000, 000
$
f` i ALL OWNED AUTOS
!
BODILY INJURY
_ SCHEDULED AUTOS
For Professional Liability coverage, the
I(Perperson)
X HIRED AUTOS . 1 r-`1
aggregatehmdlsthetatal irsuranoemilable
BODILY INJURY
S
X NON-OWNED AUTOS forall covered claims preeeMed within the
(Per accident)
S
r, policy period. The limit will be reduced by
PROPERTY DAMAGE
Payments for indemnity and 9 ses.
I
(Per accident)
iI OARAGE LIABILITY
AUTO ONLY- EA ACCI DENTi $
.._._.. ANY AUTO
OTHER THAN EA ACC is
.
I
AUTO ONLY: AGO ' $
EXCESS LIABILITY
EACHOCCURRENCE $
'OCCUR iCLAIMSMADE'.
AGGREGATE !$
$
DEDUCTIBLE
is
RETENTION $
is
B I WORKERS COMPENSATION AND :WBN65201ACA ll/09/98111/09/99
Xiroav UMITSI �OER
EMPLOYERS LIABILITY j
+
E.L. EACH ACCIDENT _ISl, 000, 000
.I
E.L.DISEASE- EAEMPLOYEEI $l , 000 , 0 0 0
!
E.L. DISEASE - POLICY LIM1451 000 000
C 1 OTHER PROFE S S I ONAL IP1,700853 :11/09/98111/09
/99,$1,000,000
Per Claim
!LIABILITY
I
I
$1,000,000 Annual Aggr
DESCRIPTION OF OPERATIONS /LOCATIONSR/EHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
Re: Street Lighting
City of Newport Beach, its elected officials, officers,
agents,
representatives and employees are Additional Insureds as
respects General
Liability & Auto Liability per endts attached. Waiver of
Subrogation applies
(See Attached Descriptions)
City of Newport Beach
Public Works Department
Attn: Shawna Oyler
3300 Newport Blvd.
Newport Beach, CA 92663 -3884
ACORD28- s(71971 #S5925/M287
DESCRIBEDPOUCES BE CANCELLED BEFOFETFE EXPIRATION
DATETHEREOF,THE ISSUING INSURERWILLRaICKOVE X.7AIL3_0— DAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT
CORPORATION 1988
DESAWIPTIONS (Continued from PMe 1)
to General Liability. Waiver of Subrogation Endt for WC has been requested
for the company to issue.
If cancelled for non - payment of premium, 10 days notice given.
(AI- CK /AI -AU CABI /CONTR /SBGL /SUB /X)
15.3 (07197)
GENERAL ENDORSEMENT • •
In consideration of an additional premium of N/A it is hereby understood and agreed that
the following applies:
[ X ] ADDITIONAL INSURED - CGB17504
CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, OFFICERS, AGENTS,
REPRESENTATIVES AND EMPLOYEES
is /are Additional Insured/s as respects to work done by Named Insured.
[ X ] WAIVER OF SUBROGATION - CG2404
It is understood and agreed that the Company waives the right of subrogation against the above Additional
Insured/s for project described in certificate attached hereto.
[ X ] NOTICE OF CANCELLATION
It is understood and agreed that in the event of cancellation of the Policy for any reason other than non - payment of
premium, 30 days written notice will be sent to the following by mail
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BLVD.
NEWPORT BEACH, CA 92663 -3884
In the event the policy is canceled for non - payment of premium, 10 days written notice will be sent to the
above.
Policy No.: PQ8573077 Effective Date: 3/10/99
Insurance Company: Reliance Insurance Company
Issued to: Willdan Associates
(;_ ��O Issue Date: 3/11/99
Authori ed ij prese ative
S
S
v
e
1.2f
AS INSURED
**1FFECTIVE 3110/99
PCLICY"NUMOSP POLICY AL -R(DD AVxEN Y PWM8EA
PQ8573077 FROM: 11/09/98 TD: 11/09/99
NAKED ENSOREI : WILLDANASSOCIATES
TNIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Hf5 ENDORSEMENT MOO tF1E5 {NSURANC " PROVIDED UNCER THE FOLLONING:
BUSINESS AUTO COVERAGE FORM.
GARAGE COVERAGE FORK.
TRUCXERS COVERAGE FUR.
CITY OF NEWPORT BEACH, ITS ELECTED
NAMED PERSON (S) OR ORGANIZATCCN(S1: -��, E�
EAC1i PERSON OR ORGANIZATION NAMED A30VS IS AY INSURED FCR LIABILITY COVERAGE.
BL'T ONLY TO THE EXT;NT THAT PERSON OR CRGANIZATION QUALIFIES AS AN INSURED
UNDER THE WHO IS AN INSURED PROVISION OF SZCTICB II — LIABILITY COVERAGE.
COUNTERSIGNED 3111/99 BY
(DATE) (AUTHO& ED RESENTATIVE)
Gat 93 i4 06 90-S
� o�
LIN
i
�.l ie:'i O�'3V 1LLLKJ.7V
ACD&Dw CERTIFICIftE OF LIABILITY INSU ANCE DATE(MMIDD/Yr
3/11/99
PRODUCES 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
Saxlna Ana, CA 92711 -OBSO ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW -
714 427 -6810 INSURERS AFFORDING COVERAGE
INSURED INSUAERA:Reliance Insurance Company-AL.)'/
willdan Associates NSURERa:ZCIC (Zurich)
9 �C I✓ ,_
888 S. West Street, #300 INSURERC:Design Prof. Ins_ Cow_
Anaheim, CA 92802 INSURER 0!
INSURER E:
IOVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUAiEMENT, TEAM OR CONDMION 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 CONCTIONS OF SUCH
POUCTES- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS.
'
ILT TYPE OF INSURANCE POLICYNUMBER IPDACTEF I 13E POLICTEXPIRATION OMITS
A 'GENERALLIABILRY PQ8573077 11/09/98 11/09/99
EACH OCCURRENCE 11. 000, 000
X: COMMERCIALQENERALLMILITY
FIREDAMAGE(AMYOnel1re)750 00
CLAIMS MADB�x =CUR; _
I MED EXP (any pne paisOnl .15 , 00
•X %�
CONTRACTUAL I I
'PERSONAL AAOV INJURY 131,000,000
GENERALAGGREGATE Il2, 000,000
OgfNLAGGREGATELIWTAPR.IESPER:
PRODUCTG•COMPIOPAGG: 52_, 000, 000
POL:CY 7- PRO- F7 LOC
A AUTOMOBILEuABILITY !PQ8573077 ;11/09/98 11109199
COMBINED SINGLE LIMIT
'Al, 000,000
X : ANY AUTO i
_ A44 OWNED AUTOS i
vxnran J
Liability co o,,,y8.�,,thq
BOBILY INJURY 5
(PW per;oe)
_ SCHEDULEDAUTOS neFO�FewPefrOafe9$Ion.B1l
a9we ""' limit lstntotal [Immim Iwalable
X. HIRED AUTOS
for all omred clam® pr6eented within the
INJ RY 15
.900ICL'tt
X NON -OWNED AUTOS
limit
— policy period. The runs will be reduced by
lY
- - -- - —_—
payments for expenses..
PROPERTY DAMAGE .5
GARAGE UABIUTY
AUTO ONLY. EA ACCIOENT: 5 —
'`_ ANY AUTO
OTHER THAN EAACC S
.AUTO ONLY: AGG 5
EXCESS LIABILITY
EACH OCCURRENCE 'S _
OCCUR CLAIMS MACE
AGGREGATE I J
T 5 _
DEDUCTIBLE
v S
RETENTION !
� !
B WORKERS COMPENSATION AND IWBN65201ACA 111/09/98111/09 /99
iX. °gxT "�TRCi iDea
EMPLOYERS LAaIUTy
E.L. EACH ACCIDENT IS1, 000, 000
•_E.L.DISEASE- EAEMPLOYEE$1, 000, 000
'E.L.DISEA - POLICY LIMH$1, 000 000
C: OTHER PROFESSIONAL PL700853 11/09/98i11/09/991$1,000,000
Per Claim
LIABILITY
$1,000,000 Annual Aggr
DESCRIPTION OF OPERATIONSILOCA'nCNSrVEHICLES /EXC W SIONS ADDED BY ENDORSEMENT1SPEciAL PROV(SIONs
Re: Street Lighting
City of Newport Beach, its elected officials, officers,
agents,
representatives and employees are Additional Insureds as
respects General
Liability & Auto Liability per endts attached. Waiver of
Subrogation applies
(See Attached Descriptions)
lSermlreTe YP11 nee t . reu!`CI I ATinu
ACORD 25-S (7197) 1 OF 2 #S5925/M287
50 /ZO 'd
_ O ACORD CORPORATION t9ea
HIMS d80 WV Sb;60 AK 66 -11 -8N
SHOULDANYDPTHEABCVE OE'SOYBEDPOLICES SE CANCELLED BFFOfETFEEJ9GUTi0N
City of Newport Beach
DATETHEREOF,THEISSUING INSURERWIL3MCZ0HGDIAAILa Z__DAYSWRRTEN
Public Works Department I /
Attn: Shawna Oyler (/�
NOTICETOTHECEiRFICATE HOLDER NAMEOTOTHE LEFT
oxaexoala
3300 Newport Blvd.
3GHEPOOMOIAKIIANNIL
AUTMORIZED REPRESENrAnvE�
Newport Beach, CA 92663 -3884
ACORD 25-S (7197) 1 OF 2 #S5925/M287
50 /ZO 'd
_ O ACORD CORPORATION t9ea
HIMS d80 WV Sb;60 AK 66 -11 -8N
, DESCRIPTIONS (Continued from"Page 1)
to General Liability. vWaiver of Subrogation Endt for WC has been requested
foz the company to issue.
If canccllmd for non - payment of premium, 10 days notice riven.
(AI- CK /AI -AU CABI /CONTR /SBGL /SUB /X).
2 OF 2 #S59
9010 'd Hinos daa Wd 96 60 nu 66 -i i -aw
e a a �.� a t•� tau o
0
In consideration of an additional premium of N/A , it is hereby understood and agreed that
the following applies:
CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES
AND EMPLOYEES
is/are Additional Insureds as respects to work done by Named Insured.
[ X ] W AMR OF SUBROGATION - CG2404
It is understood and agreed that the Company waives the right of subrogation against the above Additional
Insured/s for project described in certificate attached hereto. —
• • M. kZ •
It is understood and agreed that in the event of cancellation of the Policy for any reason other than non - payment of
premium, 30 days written notice will be sent to the following by mail
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BLVD.
NEWPORT BEACH, CA 92663 -3884
In the event the policy is canceled for non - payment of premium, 10 days written notice will be sent to the
above.
Policy No.: PQ8573077
Insurance Company: Reliance Insurance Company
Issued to: Willdan Associates
<Q`�D_1'I ,f�S
Authorized Repr612�Ltdtive
SUM 'd
Effective Date: 3/10/99
Issue Date: 3/11/99
HMOS d60 Wd 90:60 Hi 66- 11 -8dW
0 0
AS INSURED
**EFFECTIVE 3/1069
PCLICY'NLMBER I POLICY PEiR1017 AOENGY NUMSER
P08573077 FROM: 11109198 TO; 11/09/99
NAAE.D tXSORED=: WILLDAN ASSOCIATES
THIS ENDORSEMENT CHANGZS THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT AOOIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
BUSINESS AUTO COVERAGE FORA.
CARM6£ COVERAGE FORA.
TRUGICERS COVERA12C FORA.
NAKED PERSON(S) OR OR0AN12ATi0N(g)1 CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS,
�---
OFFICERS, AGENTS, REPRESENTATIVESANR..____
-... -� EMPLO`
EAC4 P=RSOH OR ORGANIZATION NAMED ABOVS 15 AN INSURED FOR LIABILITY COVERAGE.
' ON OR ORGANI;ATION OUALIEL- �IXSUfIP•a
CNM THE WHO IS Ax INSURED PROVISION Of SECTION II - LIABILITY COVERAGE.
r
_i
8
v
0
90/90 'd
f1} ui u. f� u G S cwt w aaL u re�l�+.I P" o v "w w r d6
v
COUNTERSIGNED 3111/99 BY
(DATE)
CA3I 83 15 05 80-5
KAOS HO WV 96:60 0141 66 -11 -M
S. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS
1. if symbols 1, 2, 3, 4, 5 or 6 are entered next to a coverage in ITEM TWO of the Declarations. then you hay a covrnvgc
for 'auto:' that you =quire of th. type dewiibui ror the r rnamder of the policy period.
_. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declarations, an °auto" you acquire will be a
covered "auto" for that coverage only if:
a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had
that coveragei and
b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage.
C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TENTORARY SUBSTITUTE AUTOS
If Liability Coverage is provided be this Coverage Form, the following types of vehicles are also covered "autos' for
• Liability Coverage:
1. "Trailers" with a load capacin of 2,000 pounds or less designed primarily for travel on public roads.
e
1 "Mobile equipment" while being carried or towed by a covered "auto."
3. Any "auto' you do not own while used with the permission of in owner as a temporan substitute for a covered "auto"
you own that is out of service because of its:
c a. Breakdown.
b. Repair,
C. Servicing;
d. "Loss"; or
e. Destruction.
SECTION U - LLABLLITY COVERAGE
A. COVERAGE
We will pay all sums an "insure" legaliv must pay as damages because of " bodih' injure" or "property damage' to which
this insurance applies, caused by an "`accident" and resulting from the ownership, maintenance or use of a covered `auto."
We will also pay all sums an `insured" legally must pay as a "covered pollution cost or expense" to which this insurance
aoolies, caused by an* accident" and resulting from the ownership, maintenance or use of covered "'autos." However, we will
only- pay for the `covered pollution cost or axpense' if there is either "bodily_ injury" or Ipropem' damage" to which this
insurance applies that is caused by the same "accident."
We have the right and dun to defend any 'suit" asking for such damages or a "-covered pollution cost or expense." However.
we have no dun to defend'-suits" for "bodily injury" or 'propem damage' or a `covered pollution cost or expense' not
covered by this Coverage Form. We may investigate and settle anv claim or suit' as %ve consider appropriate. Our duty to
defend or senle ends when the Liability Coverage Limit of insurance has been exhausted by_ payment of jude merits or
settlements.
1. WHO IS AN INSURED
The following are -`insureds ":
a. You for anv covered "auto.'
b. Anyone else while using mth your permission a covered "auto" you own. hire or borrow except:
(1) The owner or anyone else from whom you hire or borrow a covered 'auto." This exception does not apply if
the covered `auto" is a "trailer" connected to a covered "auto" you own.
(2) Your employee if the covered "auto" is owned by that employee or a member of his or her household.
(3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing or
parking "-autos" unless that business is vours.
(4) Anyone other than your employees, partners. a lessee or borrower or any of thou employees, while moving
proper to or from a covered "auto."
(5) A partner of vours for a covered "auto" owned by him or her or a member of his or her household.
c. Anyone liable for the conduct of an "insured" described above but onlv to the extent of that habiiin,.
2. COVERAGEEXTENS[ONS
a. Supplementary Payments. In addition to the Limit of Insurance, we will pay for the "insured ":
CA 00011290
-- zoizo 'a Hinos daa wd 55 : ED dni 66- EZ -aVW