Loading...
HomeMy WebLinkAboutC-3348 - PSA for Improvements to Newport Boulevard and Hospital Road (see also C-3655 and C-3681)PROFESSIONAL SERVICES AGREEMENT NEWPORT BOULEVARD AND HOSPITAL ROAD INTERSECTION IMPROVEMENTS THIS AGREEMENT, entered into this 13t day of , 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City"), and W.G. Zimmerman Engineering, Inc., whose address is 1500 Pacific Coast Highway, Suite D, Seal Beach, California, 90740, (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 cant' 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 intersection improvements at Newport Boulevard and Hospital Road ( "Project'). C. City desires to engage Consultant to prepare Plans, Specifications and Estimates for the project upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of Project are; Bill Zimmerman as the Project Manager, Ron Brust as the Project Engineer, Jake Ngo as the Design Engineer, and Hassan Naghipor as the CAD Designer. E. City has solicited and received a proposal from Consultant, has reviewed -1- 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 date of execution, and shall terminate on the 1s` day of October, 2000, 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 Sixtyseven thousand one hundred ($67,100). 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. -2- 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. 3.5 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 Consultants 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 -3- 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. 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. 0 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 Ron Brust to be its Project Engineer. 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 schedule specified below. 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 -5- 0 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 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. 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 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. 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 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. 7! k, . • • 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 ($1,000,000.00). 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. 10 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 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 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 in 0 0 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 Citys 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. 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, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant -10- 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 (DWG) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Richard Edmonston 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 SEE 0 0 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. 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. -12- 0 0 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 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 Public Works Department 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 6443318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Ron Brust W.G. Zimmerman Engineering, Inc. 1500 Pacific Coast Highway, Suite D Seal Beach, CA 90740 (562) 594 -8589 Fax (562) 594 -8549 -13- 26. 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. 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. SEE 4 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/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 include the professional stamp of the engineer or architect in responsible charge of the work. 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. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file -15- i • format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 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 ATTEST: By:(7fAUbiv►u Lavonne Harkless City Clerk -16- CITY OF NEWPORT BEACH A Municipal Corpgration W.G. Zimmerman Engineering, Inc. \\mis_1 \ sysNusers\pbwlsharedlagmtl99\profsew .doc • •txnlnit N City of Newport Beach, Newport Boulevard and Hospital Road Improvements Scope of Work W.G Zimmerman Engineering has reviewed the project and has visited the site. From our initial investigations, we have prepared the following Scope of Work. Task 1 Kick -off Meeting • Meet with City Staff to discuss Project Deliverables, Reviews, Agency Coordination and budget. Meet with City Staff and Hoag Hospital Consultant Taylor and Associates to coordinate Hoag Hospital retaining wall and slope grading (2 meetings anticipated) • Determine other possible construction conflicts and/or coordination issues. • Review the availability of data from the City, • Set Design Criteria. Deliverables: Meeting Minutes Fee: $1,000 Task 2 Preliminary Site Plan & Coordination Meetings • Prepare preliminary site plan. • Set meetings with City, and Hoag Hospital Architects, engineers and contractors. • 6 Meetings anticipated. Deliverables: Meeting Ifinutes Fee. $ 3,500 Task 3 Caltrans Coordination • Meet with Caltrans to discuss project • Set specific Caltrans plan requirements. • Meet with Caltrans for design input (5- meetings anticipated). • Submit Plans for review. • Meet with various Caltrans Departments to discuss plan comments (8 meetings anticipated). • Submit revised plans as required. • Obtain Caltrans Encroachment Permit (permit fee to be paid by city). Deliverables: Incorporate Comments into Design Plans Fee: $ 4,500 W.G. Zimmerman Engineering, Inc. 1 City of Newport Beach, Newport Boulevard and Hospital Road Improvements Task 4 Survey • Perform survey research of Orange County and the City of Newport Beach horizontal and vertical control. • Perform design surveys for the following: • Newport Blvd. (north) — from Hospital Road to approximately 275 meters north to include the area from centerline of Newport Blvd. to the edge of the buildings on the wet side of Newport Blvd. • Newport Blvd. (south) — From Hospital Road to approximately 31 meters south to include the area from centerline of Newport Blvd. to the west top of slope of Newport Blvd. • Hospital Road (west) — From Newport Blvd. to approximately 110 meters west to include the area from the north right -of -way line of Hospital Road to the south side top of slope of Hospital Road. • Hospital Road (east) — From Newport Blvd. to approximately 31 meters east to include the curb, gutter, and traffic lane line striping only. • The survey will locate the curb, gutter, sidewalk, tops and toes of existing slopes, concrete and asphalt drainage ditches, concrete headwall and inlet of the pipe located under Newport Boulevard, trees, Caltrans fence, walls and building faces or supports on adjacent property, edge of pavement, asphalt berm, apparent monitoring wells, and other related topo. • Prepare a topographic map with contours in AutoCAD 14 format. Deliverables: Topographic Survey Map Fee $6,500 Task 5 Utility Research • Research Utility information from City. • Verify Utility information with coordinating agency. • Review possible conflicts. Deliverables: Utility Coordination File Fee $2,600 W.G. Zimmerman Engineering, Inc. r 0 • City of Newport Beach, Newport Boulevard and Hospital Road Improvements Task 6 Base Plan Preparation • Prepare base plans in meters. • Separate Survey Topo Map into standard plan sheets • Place survey data into design layers for base sheets. • Overlay as -built street plans with survey data. • Rectify discrepancies between survey data and as -built plans • Add utility information. • Add r/w map information. • Field verify information. Deliverables: Base Map (AutoCAD 14) Fee. $5,500 Task 7 Soils Data • Research existing soil condition from previous reports • Use previous soils report data and recommendations . Any additional soil testing required shall be considered extra work. Deliverables: Existing Soils data Recommendation Fee. $1,500 Task S Plan, Specifications and Estimates (PS &E) Prepare three sets of PS &E plans, Hospital Road Right Turn Lane Widening (City and Caltrans Standards), Newport Boulevard Right Turn Lane Widening (City and Caltrans Standards) and Newport Boulevard Grading and Drainage Plan ( Caltrans Standards). We anticipate the following sheets for this project: • Title Sheet • Street Plan (plan and profile for each street) • Drainage and Grading Details • Drainage Inlet Modification Details • Traffic Signal Modification Plan (Hospital Road Right Turn Lane, Newport Boulevard Right Turn Lane Only) • Signing and Striping Plan (Hospital Road Right Turn Lane, Newport Boulevard Right Turn Lane Only) • Construction Area Signing Plan • Incorporate Taylor and Associates' Hoag Hospital retaining wall plans, and details and Keith Companies' sewer and drainage details into WGZE's plans. W.G. Zimmerman Engineering, Inc. City of Newport BeacNewport Boulevard and Hospital R• Improvements Street Plans W.G. Zimmerman Engineering, Inc. will prepare the street widening plan in meters to provide for an additional right turn lane on the south side of Hospital Road, and an additional right turn lane on the west side of Newport Boulevard, and a bike path area and grading and drainage modifications on the west side of Newport Boulevard. Additionally, incorporate Taylor and Associates' Hoag Hospital retaining wall plans and details and The Keith Companies' sewer and drainage details into WGZE's plans. The plans will detail existing curb, gutter, sidewalk, slopes, grading, drainage, inlets, retaining walls, signal equipment, utilities, limits of pavement removals and construction as well as cold planing where required. A retaining wall and headwall with wingwalls along the westside of Newport Boulevard north of Hospital Road will be included in the street plans. Not included is the retaining wall design and grading of the slope on the south side of Hospital Road, which will be provided by others, however, this work will be incorporated into WGZE's plans. In addition to the street plans, cross sections will be provided along with construction details for storm drain modifications due to new curb locations will be part of the design documents Drainage and Hydraulic Study A hydrology and hydraulic drainage study of Hospital Road will be completed to determine the size and capacity of the new curb inlets that will replace the existing grated catch basins on the northwest and southwest comers of Hospital Road at Newport Boulevard. A hydrology and hydraulic study will be performed for the area along the southbound side of Newport Boulevard, north of Hospital Road. The study will follow Orange County criteria and be submitted to Caltrans for review and approval. We will assess existing hydrology and hydraulic information, if available. We will contact the Cities of Newport Beach and Costa Mesa as well as Caltrans for existing studies. If these studies do not exist, then we will prepare a new independent hydrology and hydraulic analysis from 17th to Hospital Road Street and from Superior Avenue to Newport Boulevard along the southbound side of Newport Boulevard. Cross Sections W.G. Zimmerman Engineering will prepare cross sections for the Newport Boulevard and Hospital Road street widening plans and for the grading and drainage area on the west side of Newport Boulevard. Landscape and Irrigation NOT included Landscape and irrigation plans are NOT a part of this contract, W.G. Zimmerman Engineering, Inc. 0 • City of Newport Beach, Newport Boulevard and Hospital Road Improvements Traffic Signal and Interconnect Modification W.G. Zimmerman Engineering will prepare plans to relocate existing signal poles, pullboxes, and conduit with cable in accordance with Caltrans Criteria. Signing and Pavement Delineation The signing and striping delineation plans will be prepared in meters and will show the existing striping, limits of pavement delineation removal, new striping, pavement markings and markers. Existing signs conflicting with the new curb lines will be relocated and noted on the plans. Specifications W.G. Zimmerman Engineering will prepare the special provisions (technical specifications) as well as bid list for the City to incorporate into their boiler plate specifications. The Special Provisions will follow the "Green Book" format but will also include Caltrans and City of Newport Beach's standards. The various items of work and their specific pavement clauses will be included in the special Provisions. A master copy and electronic version will be provided to the City. Cost Estimates A construction quantity and costs estimate will be prepared. The estimates will show quantities and unit prices, based upon recently bid projects of similar nature. Estimates will accompany each submittal to the City for review, The cost estimate will be the basis for the bid sheet. Submittals W.G. Zimmerman Engineering will make two submittals. One at 60% complete the other at 90% complete. After receiving comments at the 90% level, we will revise the plan and submit the final mylars for signatures. A master copy of plans (AutoCAD 14), Specifications (Word) and Estimate (Excel) will be provided to the City. Deliverables: Preliminary and Final Newport Boulevard Right Turn Lane ME, Preliminary and Final Hospital Road Right Turn Lane ME, Preliminary and Final Newport Boulevard Grading and Drainage ME Fee: $42,000 W.G. Zimmerman Engineering, Inc. d• 1. . • Exhibit B City of Newport Beach, Newport Boulevard and Hospital Road Improvements Fee Summary 1. Kick -off Meeting $ 1,000.00 2. Coordination Meeting $ 3,500.00 3. Caltran Coordination $ 4,500.00 4. Survey $ 6,500.00 5. Utility Research $ 2,600.00 6. Base Plan Preparation $ 5,500.00 7. Soils Data Review $ 1,500.00 S. Plans, Specifications and Estimates $41000.0 0* Total $ 67,100.00 *Includes a hydrology and hydraulic analysis for Hospital Road and for the westside of the southbound Newport Boulevard and the incorporation of Taylor and Associates and The Keith Companies plans and details. W.G. Zimmerman Engineering, Inc. ACaRD P RO, DUCER 1 Robert Ludlow & Assoc. 17220 Newhope St., Ste. 215 Fountain Valley, CA 92708 INSURED William G. Zimmerman Engineering 1500 Pacific Coast Hwy. Seal Beach, CA 90740 DATE (MWODfVY) /23/00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. M Nil; IM 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE: POLICY EXPIRATION, LTFI LIMITS DATE (MM(DD/YY) DATE (MWDDfYY) GENERAL LIABILITY GENERAL AGGREGATE _ .10,000,9gO A X COMMERCIAL GENERAL LIABILITY sk, 00-0., 00-0-- CLAIMS MADE X OCCUR SCC000541 6/26/00 6/26/01 PERSONAL & ADV INJURY - ^E1, 000, 000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE ..,-.---.-.$Izqqp ,000_ FIRE DAMAGE (Any are itm) s 250,000 '... AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS B X SCHEDULEDAUTOS CA4015562 X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETORV INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER C Professional CM7850453C Liability DESCRIPTION OF OPERAT[Ok&L6&AT16NSfVElilCLES /SPECIAL ITEMS CERTIFICATE HOLDER" City of Newport Beach Public Works Dept. P 0 Box 1768 Newport Beach, CA 92658-8915 ACORD 253 (1795) 12/20/99 12/20/00 COMBINED SINGLE LIMIT COMPANIES AFFORDING COVERAGE COMPANY American Equity pecialty A $ (Pere Weffl) S COMPANY $ B General Securityi COMPANY S EL DISEASE - POLICY LIMIT $ C General Insuranc� Co. .... .... . ... COMPANY D M Nil; IM 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE: POLICY EXPIRATION, LTFI LIMITS DATE (MM(DD/YY) DATE (MWDDfYY) GENERAL LIABILITY GENERAL AGGREGATE _ .10,000,9gO A X COMMERCIAL GENERAL LIABILITY sk, 00-0., 00-0-- CLAIMS MADE X OCCUR SCC000541 6/26/00 6/26/01 PERSONAL & ADV INJURY - ^E1, 000, 000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE ..,-.---.-.$Izqqp ,000_ FIRE DAMAGE (Any are itm) s 250,000 '... AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS B X SCHEDULEDAUTOS CA4015562 X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETORV INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER C Professional CM7850453C Liability DESCRIPTION OF OPERAT[Ok&L6&AT16NSfVElilCLES /SPECIAL ITEMS CERTIFICATE HOLDER" City of Newport Beach Public Works Dept. P 0 Box 1768 Newport Beach, CA 92658-8915 ACORD 253 (1795) 12/20/99 12/20/00 COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per pawn) 1,000,000 BODILY INJURY $ (Pere Weffl) S PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT - .— ... $ . .._.. 17. OTHER THAN AUTO ONLY .. .. :7 .. . ... . ...... ...... . EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE S AGGREGATE $ WC STATU-_ 0TW-1 TORY Llmlj,Q-, ER EL EACH ACCIDENT S EL DISEASE - POLICY LIMIT $ EL DISEASE -EA EMPLOYEE S 6/26/00 6/26/01 $1,000,000 Each Claim $1,000,000 Aggregate Except for Non-payment of Premium Wherein 10 Days Applies A =NCELLATION' 11" 1 ` 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL RAIMIkAt MAIL 3()* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, POLICY NUMBER: CA4015562 THIS ENDORSEMENT CHANGES THE POLICY. .PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modities insurance provided under the following; BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGF,FORM Endorsement effective at 12:01 A.M. standard time 1/5(00 . Named Insured Countel Wm G. Zimmerman Engineering tAUUwrired Ravesentatieel It is agreed that such insurance as is provided by the polity for Auto Liability shall apply to: Public Works Dept., City of Newport Beach, its Officers,'Agents, Officials, Employees & Volunteers as an Additional Insured only and subject to the provisions of the' WHO IS AN INSURED" clause in Section 11 of the policy. It is agreed that such Insurance as is affoded by this policy the benefit of the Additional Insured(s) shown above shall be Primary Insurance, but only as respects.claims, loss.of liability arising out of the operation of the Nameed Insured, his sub - contractors or sub - contractors or materialmen, or suppliers, and any Insurance maintained by the Additional Insureds) shall be non - contributing. Form 5915 • • • POLICY NUMBER: SC000541 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Public Works Dept. City of Newport Beach, The Cities, its Officers, Agents, Officials, Employees & Volunteers (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is agreed that such Insurance as is afforded by this policy the benefit of the Additional Insured(s) shown above shall be Primary Insurance, but only as respects claims, loss of liability arising out of the operation of the Named Insured, his sub - contractors or sub - contractors or materialmen, or suppliers, and any Insurance maintained by the Additional Insured(s) shall be non - contributing CG 20 10 1185 Copyright, Insurance Services Office, Inc- 1984 L .FU i V D • ENDORSEMENT AGREEMENT • NOME OFFICE SAM FRANCISCO ALL EFFECTIVE OATES ARE AT 12.41 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST: (SPECIFY 3RD PARTY REQUESTING WAIVER, ONE NAIL PER ENDORSEMENT) WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY M CONNECTION WITH WORK PERFORMED BY: (POLICY NAME) IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 39G. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE NEW TO VARY. ALTER. WAIVE OR EXTEND ANY OF THE TERMS. CONDITIONS. AGREEMENTS. OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY. ALTER, WAIVE OR LIMIT THE TERMS. CONDITIONS. AGREEMENTS OR LIMITATIONS Of S ENOOR$EMENT. COUNTERSIGNED AND ISS AUTHORIZEO REPRESENTATIVE AEENT44 scr 10614 IRS M 2570 STATE . COMAtNtAT10N 1NiNFlANCt FUND ' NOMIOPP= SAN FRANCISCO All EFFECTIV E DATES ARE AT 12:01 AM PACIFIC STANOARD TIME OR THE TIME INOICATED AT PACIFIC STANDARD TIME ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL 30 DAYS AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN THE MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE. SPECIMEN NOTHING IN THIS ENDORSEMENT CONTAINED, SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS. CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMI. TATIO14S OF THIS ENDORSEMENT. 2065 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: .er�+wne��en eeeoeeeuret..,e June 13, 2000 CITY COUNCIL AGENDA k.. ,_ _ ..._. ..... ITEM NO. 13 APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR IMPROVEMENTS TO NEWPORT BOULEVARD AND HOSPITAL ROAD RECOMMENDATIONS: Authorize the Mayor and City Clerk to execute a Professional Services Agreement with W.G. Zimmerman Engineering in the amount of $67,100 to complete plans, specifications and estimates for improvements at the intersection of Newport Boulevard and Hospital Road. 2. Approve a budget amendment in the amount of $51,715.48 transferring funds from the Transportation and Circulation Fund balance to Account No. 7261- 5100070. DISCUSSION: The Circulation Element of the General Plan calls for additional turn lanes to be constructed at the intersection of Newport Boulevard and Hospital Road. Both a second eastbound left -turn lane for Hospital Road and a separate southbound right -turn lane for Newport Boulevard are required to accommodate projected traffic volumes. Hoag Hospital is ready to begin construction of a large parking structure at the corner of their property adjacent to the intersection and the street improvements need to be designed in order to determine the future right of way so the structure would have the proper setback. W.G. Zimmerman Engineering was retained to do the preliminary design for the eastbound left -turn lane at a cost of $14,407.35 in January 2000. Subsequently it was decided to proceed with the design of the southbound right turn lane as well. This work will require considerable fill material and it is hoped that the excavation for the Hoag Hospital parking structure will provide that fill. The right -turn lane is much more complicated from a design standpoint than the second left turn lane due to hydraulic and hydrologic work as well as extensive coordination with Caltrans, both locally and in Sacramento. The additional work requested of the Engineering firm will result in a Professional Services Agreement requiring Council approval. The total cost of $67,100 includes the initial preliminary design work of $14,407.35, and therefore approval of this Agreement will require appropriation of an additional $52,692.65. SUBJECT: Professional Services Bement for Improvements to Newport Boulevard and pital Road June 13, 2000 Page 2 SCOPE OF SERVICES: The consultant will prepare preliminary and final plans, specifications and estimates for the two turn lanes as separate projects. It is proposed that Hoag Hospital will widen Hospital Road for the eastbound left -turn lane as part of their parking structure project. The City will bid the southbound right -turn lane as a separate construction project. The detailed Scope of Work is attached as Exhibit A to the Professional Services Agreement. RECOMMENDATION AND FUNDING: Staff recommends approval of the attached Professional Services Agreement with W.G. Zimmerman Engineering. Funds for the work are available as follows: Description Account No. Amount EIR/Prelimina Plans 7181- C5100070 947.17 Transportation & Circulation Fund Balance 7261- C5100070 51,715.48 Total 52,692.65 Respectfully submitted, (;J W�L PUBLIC WORKS DEPARTMENT Don Webb, Director Richard Edmonston, P.E. Transportation and Development Services Manager Attachment: Agreement F: lUserslPBW\ SharedlCOUNCIL \Fy99- 001June- 135PSA Newport & Hospital Rd.doc I 0 0 PROFESSIONAL SERVICES AGREEMENT NEWPORT BOULEVARD AND HOSPITAL ROAD INTERSECTION IMPROVEMENTS THIS AGREEMENT, entered into this day of 1999, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and W.G. Zimmerman Engineering, Inc., whose address is 1500 Pacific Coast Highway, Suite D, Seal Beach, California, 90740, (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 intersection improvements at Newport Boulevard and Hospital Road ( "Project'). C. City desires to engage Consultant to prepare Plans, Specifications and Estimates for the project upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of Project are; Bill Zimmerman as the Project Manager, Ron Brust as the Project Engineer, Jake Ngo as the Design Engineer, and Hassan Naghipor as the CAD Designer. E. City has solicited and received a proposal from Consultant, has reviewed -1- 0 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 date of execution, and shall terminate on the 1St day of October, 2000, 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 Sixty-seven thousand one hundred ($67,100). 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. -2- • 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. 3.5 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 Consultants 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 -3- 0 0 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. 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. M, S 1: 6. COOPERATION n u 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 Ron Brust to be its Project Engineer. 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 schedule specked below. 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 -5- 9 i 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 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 0 Fi are desired. 12. HOLD HARMLESS r� 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 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. 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 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. -7- 0 0 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 ($1,000,000.00). 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. N 0 0 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 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 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 P3 E F 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. 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, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant -10- 0 0 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 (DWG) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Richard Edmonston 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 -11- 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. 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. -12- r-1 U 0 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 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 Public Works Department 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: Ron Brust W.G. Zimmerman Engineering, Inc. 1500 Pacific Coast Highway, Suite D Seal Beach, CA 90740 (562) 594 -8589 Fax (562) 594 -8549 -13- 0 0 26. 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. 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. -14- 0 0 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/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 include the professional stamp of the engineer or architect in responsible charge of the work. 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. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file -15- 0 0 format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 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: LaVonne Harkless City Clerk -16- CITY OF NEWPORT BEACH A Municipal Corporation By: Don Webb, Public Works Director City of Newport Beach W.G. Zimmerman Engineering, Inc. 0 1\mis_1 \sys WserslpbMsheredlagmfl991pmfsew.doc . •Exhibit A City of Newport Beach, Newport Boulevard and Hospital Road Improvements Scope of Work W.G Zimmerman Engineering has reviewed the project and has visited the site. From our initial investigations, we have prepared the following Scope of Work. Task 1 Kick -off Meeting • Meet with City Staff to discuss Project Deliverables, Reviews, Agency Coordination and budget. Meet with City Staff and Hoag Hospital Consultant Taylor and Associates to coordinate Hoag Hospital retaining wall and slope grading (2 meetings anticipated) • Determine other possible construction conflicts and/or coordination issues. • Review the availability of data from the City, • Set Design Criteria. Deliverables: Meeting Minutes Fee: $1,000 Task 2 Preliminary Site Plan & Coordination Meetings • Prepare preliminary site plan. Set meetings with City, and Hoag Hospital Architects, engineers and contractors. • 6 Meetings anticipated. Deliverables: Meeting Minutes Fee: $3,500 Task 3 Caltrans Coordination • Meet with Caltrans to discuss project • Set specific Caltrans plan requirements. • Meet with Caltrans for design input (5- meetings anticipated). • Submit Plans for review. • Meet with various Caltrans Departments to discuss plan comments (8 meetings anticipated). • Submit revised plans as required. • Obtain Caltrans Encroachment Permit (permit fee to be paid by city). Deliverables: Incorporate Comments into Design Plans Fee: $ 4,500 W.G. Zimmerman Engineering, Inc. 0 0 City of Newport Beach, Newport Boulevard and Hospital Road Improvements Task 4 Survey • Perform survey research of Orange County and the City of Newport Beach horizontal and vertical control. • Perform design surveys for the following: • Newport Blvd. (north) — from Hospital Road to approximately 275 meters north to include the area from centerline of Newport Blvd. to the edge of the buildings on the wet side of Newport Blvd. • Newport Blvd. (south) — From Hospital Road to approximately 31 meters south to include the area from centerline of Newport Blvd. to the west top of slope of Newport Blvd. • Hospital Road (west) — From Newport Blvd. to approximately 110 meters west to include the area from the north right -of -way line of Hospital Road to the south side top of slope of Hospital Road. • Hospital Road (east) — From Newport Blvd. to approximately 31 meters east to include the curb, gutter, and traffic lane line striping only. • The survey will locate the curb, gutter, sidewalk, tops and toes of existing slopes, concrete and asphalt drainage ditches, concrete headwall and inlet of the pipe located under Newport Boulevard, trees, Caltrans fence, walls and building faces or supports on adjacent property, edge of pavement, asphalt berm, apparent monitoring wells, and other related topo. • Prepare a topographic map with contours in AutoCAD 14 format. Deliverables: Topographic Survey Map Fee $6,500 Task 5 Utility Research • Research Utility information from City. • Verify Utility information with coordinating agency. • Review possible conflicts. Deliverables: Utility Coordination File Fee $2,600 W.G. Zimmerman Engineering, Inc. 9 0 City of Newport Beach, Newport Boulevard and Hospital Road Improvements Task 6 Base Plan Preparation • Prepare base plans in meters. • Separate Survey Topo Map into standard plan sheets • Place survey data into design layers for base sheets. • Overlay as -built street plans with survey data. • Rectify discrepancies between survey data and as -built plans • Add utility information. • Add r/w map information. • Field verify information. Deliverables: Base Map (AutoCAD 14) Fee: $5,500 Task 7 Soils Data • Research existing soil condition from previous reports • Use previous soils report data and recommendations. Any additional soil testing required shall be considered extra work. Deliverables: Existing Soils data Recommendation Fee. $1,500 Task 8 Plan, Specifications and Estimates (PS &E) Prepare three sets of PS &E plans, Hospital Road Right Turn Lane Widening (City and Caltrans Standards), Newport Boulevard Right Turn Lane Widening (City and Caltrans Standards) and Newport Boulevard Grading and Drainage Plan ( Caltrans Standards). We anticipate the following sheets for this project: • Title Sheet • Street Plan (plan and profile for each street) • Drainage and Grading Details • Drainage Inlet Modification Details • Traffic Signal Modification Plan (Hospital Road Right Turn Lane, Newport Boulevard Right Turn Lane Only) • Signing and Striping Plan (Hospital Road Right Turn Lane, Newport Boulevard Right Turn Lane Only) • Construction Area Signing Plan • Incorporate Taylor and Associates' Hoag Hospital retaining wall plans, and details and Keith Companies' sewer and drainage details into WGZE's plans. W.G. Zimmerman Engineering, Inc. City of Newport Beach, Newport Boulevard and Hospital Road Improvements Street Plans W.G. Zimmerman Engineering, Inc. will prepare the street widening plan in meters to provide for an additional right turn lane on the south side of Hospital Road, and an additional right turn lane on the west side of Newport Boulevard, and a bike path area and grading and drainage modifications on the west side of Newport Boulevard. Additionally, incorporate Taylor and Associates' Hoag Hospital retaining wall plans and details and The Keith Companies' sewer and drainage details into WGZE's plans. The plans will detail existing curb, gutter, sidewalk, slopes, grading, drainage, inlets, retaining walls, signal equipment, utilities, limits of pavement removals and construction as well as cold planing where required. A retaining wall and headwall with wingwalls along the westside of Newport Boulevard north of Hospital Road will be included in the street plans. Not included is the retaining wall design and grading of the slope on the south side of Hospital Road, which will be provided by others, however, this work will be incorporated into WGZE's plans. In addition to the street plans, cross sections will be provided along with construction details for storm drain modifications due to new curb locations will be part of the design documents Drainage and Hydraulic Study A hydrology and hydraulic drainage study of Hospital Road will be completed to determine the size and capacity of the new curb inlets that will replace the existing grated catch basins on the northwest and southwest comers of Hospital Road at Newport Boulevard. A hydrology and hydraulic study will be performed for the area along the southbound side of Newport Boulevard, north of Hospital Road. The study will follow Orange County criteria and be submitted to Caltrans for review and approval. We will assess existing hydrology and hydraulic information, if available. We will contact the Cities of Newport Beach and Costa Mesa as well as Caltrans for existing studies. If these studies do not exist, then we will prepare a new independent hydrology and hydraulic analysis from 17a` to Hospital Road Street and from Superior Avenue to Newport Boulevard along the southbound side of Newport Boulevard. Cross Sections W.G. Zimmerman Engineering will prepare cross sections for the Newport Boulevard and Hospital Road street widening plans and for the grading and drainage area on the west side of Newport Boulevard. Landscape and Irrigation NOT included Landscape and irrigation plans are NOT a part of this contract. W.G. Zimmerman Engineering, Inc. n u 0 City of Newport Beach, Newport Boulevard and Hospital Road Improvements Traffic Signal and Interconnect Modification W.G. Zimmerman Engineering will prepare plans to relocate existing signal poles, pullboxes, and conduit with cable in accordance with Caltrans Criteria. Signing and Pavement Delineation The signing and striping delineation plans will be prepared in meters and will show the existing striping, limits of pavement delineation removal, new striping, pavement markings and markers. Existing signs conflicting with the new curb lines will be relocated and noted on the plans. Specifications W.G. Zimmerman Engineering will prepare the special provisions (technical specifications) as well as bid list for the City to incorporate into their boiler plate specifications. The Special Provisions will follow the "Green Book' format but will also include Caltrans and City of Newport Beach's standards. The various items of work and their specific pavement clauses will be included in the special Provisions. A master copy and electronic version will be provided to the City. Cost Estimates A construction quantity and costs estimate will be prepared. The estimates will show quantities and unit prices, based upon recently bid projects of similar nature. Estimates will accompany each submittal to the City for review. The cost estimate will be the basis for the bid sheet. Submittals W.G. Zimmerman Engineering will make two submittals. One at 60% complete the other at 90% complete. After receiving comments at the 90% level, we will revise the plan and submit the final mylars for signatures. A master copy of plans (AutoCAD 14), Specifications (Word) and Estimate (Excel) will be provided to the City. Deliverables: Preliminary and Final Newport Boulevard Right Turn Lane ME, Preliminary and Final Hospital Road Right Turn Lane ME, Preliminary and Final Newport Boulevard Grading and Drainage. ME Fee: $42,000 W.G. Zimmerman Engineering, Inc. • 0 Exhibit B City of Newport Beach, Newport Boulevard and Hospital Road Improvements Fee Summary 1. Kick -off Meeting $ 1,000.00 2. Coordination Meeting $ 3,500.00 3. Caltran Coordination $ 4,500.00 4. Survey $ 6,500.00 5. Utility Research $ 2,600.00 6. Base Plan Preparation $ 5,500.00 7. Soils Data Review $ 1,500.00 8. Plans, Specifications and Estimates $42,000.00* Total $ 67,100.00 *Includes a hydrology and hydraulic analysis for Hospital Road and for the westside of the southbound Newport Boulevard and the incorporation of Taylor and Associates and The Keith Companies plans and details. W.G. Zimmerman Engineering, Inc. C of Newport Beach • ArOBUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Increase Future Year Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from designated reserves EXPLANATION: NO. BA- 068 AMOUNT: is1,715.48 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance Tins budget amendment is requested to provide for the follow ng: To appropriate funds for professional services for Improvements to Newport Boulevard and Hdspitai Road. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Acco nt Description 260 3605 Fund Balance Control REVENUE ES77MATES (3501) Fund/Division Acco Description EXPENDITUREAPPROPRIA77ONS (3003) Signed: Signed: --777Iw`wA Signed: City Manager City Council Approval: City Clerk Director Amount Debit Credit $51,715.48 ' $51,715,46 ,S "©C,) Date 4r i 4040 gr ate Data Description Division Number 7261 Transportation & Circulation Account Number C5100070 EIRfPreliminary Plans Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: --777Iw`wA Signed: City Manager City Council Approval: City Clerk Director Amount Debit Credit $51,715.48 ' $51,715,46 ,S "©C,) Date 4r i 4040 gr ate Data Vy of Newport Beach BUDGET AMENDMENT 1999 -00 NO. BA- 088 AMOUNT: $51,715.45 EFFECT ON BUDGETARY FUND BALANCE: Increase Future Year Revenue Estimates Increase In Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations X No el BudgeSarY Fund Balance • -- SOURCE: 8`/Tnc ;r, `' „. CITY OF F ? %�5 ��::`:ACH from existing budget appropriations from additional estimated revenues 1 3 Px from designated reserves JO EXPLANATION: PRUVED This budget amendment is requested to provide for the following: To appropriate fund for professional services for Improvements to Newport Boulevard and Hospital Road. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 260 3605 Fund Balance Control REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Signed Signed Signed Description Description Number 7261 Transportation & Circulation Number C5100070 EIR/Preliminary Plans Number Number Number Number Number Number FIT I Approval!: Administrative Services Director xl�ntd z . Administrative Appro : City Manager City Council Approval: City Clerk Amount Debit Credit $51,715.48 • Automatic $51,715.48 6- s-oc) Date Date