HomeMy WebLinkAboutC-3518(A) - PSA for the Mesa Drive/Irvine Avenue Intersection Improvements0 0 C,35�3(A)
PROFESSIONAL SERVICES AGREEMENT WITH
CIVIL WORKS ENGINEERS, INC.,
FOR THE MESA DRIVE /IRVINE AVENUE INTERSECTION IMPROVEMENTS
THIS AGREEMENT is made and entered into as of this" day of aQ
2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and CIVIL WORKS ENGINEERS, INC., a corporation, whose address is 3151
Airway Avenue, Suite S -2, Costa Mesa, California, 92626 ( "Consultant'), and 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 widen Mesa Drive west of Irvine Avenue to allow the
east approach on Mesa Drive to provide a dual left-turn lane. City has
been working cooperatively with the County of Orange on the proposed
improvements, which are part of a larger County project -to widen Irvine
Avenue between University Drive and Bristol Street. City also plans to
construct storm drain and other improvements at the Mesa Drive /Irvine
Avenue intersection in conjunction with the Mesa Drive widening project.
C. In March 2002, City retained the firm of MetroPointe Engineers to prepare
preliminary engineering plans for the improvements. MetroPointe
Engineers proceeded with the design work and completed approximately
50% of the work when the widening project was put on hold by the County
in April 2003 due to budgetary constraints. City's contract with
MetroPointe expired on March 31, 2002. MetroPointe Engineers has
since reorganized, . and the project manager and other key personnel on
the project now work for Consultant.
D. City desires to engage Consultant to complete the engineering design
work for the Mesa Drive /Irvine Avenue intersection improvements.
Specifically, City wants Consultant to perform the following tasks: (1)
Complete the engineering design, survey work, geotechnical investigation,
and utility coordination; (2) Prepare the retaining wall plan and details; (3)
Prepare the construction plans, specifications, and cost estimates; (4)
Prepare the landscaping and irrigation plans; (5) Attend meetings with the
City and County, as necessary; and (6) other tasks as required (the
`Project ").
E. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this
Agreement.
F. The principal member of Consultant for purposes of Project shall be Marie
Marston, P.E.
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G. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to retain Consultant to render professional services under the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2006, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 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 that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 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.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
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exceed Sixty-Four Thousand, Seven Hundred and Thirty-Four Dollars
($64,734.00) without additional authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved 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.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Marie Marston,
P.E., to be its Project Manager. Consultant shall not remove or reassign the
Project Manager or any personnel listed in Exhibit A or assign any new or
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replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Antony
Brine, P.E., shall be 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.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all
such materials in a timely manner so as not to cause delays in
Consultant's work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction
company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 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 community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
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term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 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.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, reasonable attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims'),
which may arise from or in any manner relate (directly or indirectly) to any work
negligently performed or services provided under this Agreement (including,
without limitation, defects in workmanship or materials and /or design defects [if
the design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or 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 approval
for 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 means of performing the work, provided that Consultant is in compliance with
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the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
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D. Coverage Requirements.
Workers' Comoensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain 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).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
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directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. 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.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
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subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services
to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of
City.
OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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 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 provide to Cit y
final sheets within ninety (90)
detailed requirements, a copy
Requirements is available from
COMPUTER DELIVERABLES
a copy of digital ACAD and tiff image files of all
days after finalization of the Project. For more
of the City of Newport Beach Standard Design
the City's Public Works Department.
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for 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 original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
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19. CONFIDENTIALITY
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All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. 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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all 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.
22. 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 and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. 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 to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant 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 as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
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24. 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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
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.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any 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.
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 immediate
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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant 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:
Attn: Antony Brine, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3329
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Marie Marston, P.E.
Civil Works Engineers, Inc.
3151 Airway Avenue, Suite S -2
Costa Mesa, CA 92626
Phone: 714 -966 -9060
Fax: 714 - 966 -9085
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting parry fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. 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 herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
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33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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: o•—_ C ,
Aaron C. Harp
Assistant City Attorney
ATTEST•
By: V
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: ..� �-�- U-- - • . —
ayo
ef City of Newport Beach
CIVIL WORKS ENGINEERS, INC.:
By:.4)A A -L A"A,,,4-,-
Corporate Officer
Title:
Print Name: 110,6e- �1105f(&y,\
By: /(/(.,t(AAc -
Financial Officer
Title: Tea-as(ffa' '
Print Name: M�i�liQ
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
f:\users\pbw\shared\agreements\fy 04-05\civil works - irvine avenue.doc
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To: Rich Edmonston Fran: Marie Marston
City of Newport Beach
Job No: 219 -0402 Dote: March 14, 2005
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3151 Airway Ave. #S -2
Costa Mesa, CA 92626
Bus: (714) 966 -9060
Fax: (714) 966 -9085
Mesa Drl Irvine Ave. Intersection cc: Francois Zugmeyer
❑ For Your Info ■ For Review ❑ Please Caanent ❑ Please Reply ❑ Please Return ❑ For Your Use
The purpose of this memo is to describe our understanding of the scope of work required for the
completion of the final items of work in preparing the construction documents and to submit our fee
estimate to complete the task for the above referenced project.
This project was put on hold shortly after our April 16, 2003 meeting, when we met with the City and with
the County to present the status of the project and the percent complete of each original task. The status
at that date is summarized below:
Task 1 — Supplemental Ground Survey / Augment Base Maps
100%
Task 2 — Drainage Study
80%
Task 3 — Geotechnical Investigation and Report
95%
Task 4 — Utility Coordination
75%
Task 5 — Right -of -Way Exhibits
0%
Task 6 — Plans
1. Typical Cross Sections I Details I Notes
90%
2. Street Plan & Profile
75%
3. Storm Drain Plan & Profile
0%
4. Storm Drain Details
0%
5. Retaining Wall Plan & Profile
80%
6. Retaining Wall Details/ Aesthetics
0%
7. Construction Details
0%
B. Signing and Striping Plan
75%
9. Landscaping Plan
0%
10. Irrigation Plan
0%
Task 7 — Specifications Review
0%
Task 8 — Cost Estimate / Bid List
50%
Task 9 — Meetings, Coordination, and Submittals
35%
At this time, the City and County desire to complete the project. Therefore, we have revisited our original
proposal, progress previously made, identified additional work needed for the completion, and offer this
letter proposal to the City. Our original fee estimate was revised by decreasing hours allocated to each
task according to the percent complete above. We added to the original tasks required additional services
MEMORANDUM
EXHIBIT A
• •
due to the several years delay, the County re- design of Irvine Avenue widening and related revisions,
additional wall design, required supplemental survey, and additional involvement of the geotechnical
consultant. A breakdown of hours remaining to the original contract and those assigned to the new tasks
is provided in the attached spreadsheet. To these hours has been assigned our 2005 rates to calculate
the proposed fee.
Regarding the survey, per Javier Soto 2!8105 e-mail, controls used for the original survey are different
than the one used by the County. Survey points from the County were received and will be reviewed to
evaluate the difference between the two surveys and the need for supplemental information. In the even
supplement survey need is determined, we are planning to use the original surveyor to minimize
additional survey costs. A budget item has been included for this task and can be deleted if not required.
Below is a summary of the original contract balance with MetroPointe and the requested new contract
value for Civil Works Engineers, Inc.:
Original MetroPointe Contract
MetroPointe Billed to Date
MetroPointe Existing Contract Balance
Additional Services requested by Civil Works above
the MetroPointe contract balance.
Total requested by Civil Works, Inc. for the Final
Tasks
$ 87,060.00
$ 58,379.59
$ 28,680.41
$ 36,053.62
$ 64,734.00
Please review and do not hesitate to call if you have any questions. Your approval will be considered as
a notice to proceed.
Page 2
M
roPoi me
neers
January 15, 2002
Mr. Rich Edmonston
City of Newport Beach
3333 Newport Blvd.
Newport Beach, CA 92658
r
3151 Airway Avenue, Suite J -1
Costa Mesa, CA 92626
Bus: (714) 438 -1095
Fax: (714) 438 -1097
Subject: Mesa Drive / Irvine Avenue Intersection Improvements
Preparation of Construction Documents
Dear Mr. Edmonston:
This letter outlines our scope of work and fee estimate to prepare the final design and construction
documents for improvements to the Mesa Drive / Irvine Avenue intersection using our 50% design
documents as the basis. The final design will be coordinated with the County of Orange's ongoing Irvine
Avenue widening design from Bristol Street to Mesa Drive. We understand the County is preparing the
design, supplemented with additional design work from a consultant. Completion of our Mesa Drive
design will provide the County with a "set" of plans which will be added to the Irvine Avenue plan set, an
engineer's estimate of construction cost, a bid list which will be added to the Irvine Avenue bid list, and a
review of the Irvine Avenue specifications to ensure they are inclusive of the Mesa Drive construction
requirements.
The purpose of the City of Newport Beach's improvement at Mesa Drive and Irvine Avenue is the
inclusion of a second westbound to southbound left turn lane. This can be accommodated by converting
the existing through lane to the outside left turn lane and converting the right turn lane to a through -right
turn lane. This new lane configuration requires realignment of Mesa Drive on the west leg of the
intersection, signal modifications, right -of -way acquisition from the Newport Bay Terrace apartments on
the north side and from the shopping center on the south side. Off -site improvements including new
retaining walls are required.
We anticipate the scope will include the following work tasks:
Task 1
Supplemental Ground Survey / Augment Base Maps
Task 2
Drainage Study
Task 3
Geotechnical Investigation and Report
Task 4
Utility Coordination
Task 5
Right -of -Way Exhibits
Task 6
Plans
Task 7
Specifications Review
Task 8
Cost Estimate / Bid List
Task 9
Meetings, Coordination & Submittals
Task 1 — Supplemental Ground Survey / Augment Base Maps
We prepared a base map during the 50% design using the County's base map for the Irvine Avenue
widening project augmented with field survey to include a greater length Mesa Drive. We will perform a
supplemental field survey along and adjacent to Mesa Drive within the project area to obtain location
information for additional topographic features based on the needs realized during the 50% design.
Again, the County of Orange datum for both horizontal and vertical control will be the basis.
The previous survey consisted of cross sections at a minimum of 50 -foot intervals which included the
street parameters and 10 feet beyond existing right of way. The additional survey will obtain more shots
on the private properties impacted by the proposed retaining walls, additional shots at the west join on
Mesa Drive, and additional topographic features. Due to the inability to locate as- builts for the existing
0 •
Mr. Rich Edmonston
City of Newport Beach
January. 15, 2002
Page 2
private property retaining walls, we will also need to obtain "potholes" to locate the footing depth and
dimensions on the street side. Some area shots will also be taken to attempt to determine existing offsite
and onsite drainage patterns as they relate to this section of roadway. Tree and large shrub locations
will also be obtained. Upon completion of the survey, we will incorporate the data into the base map. The
survey data will augment the previously developed base map.
Task 2 — Drainage Study
Following review of our 50% plans, the County has indicated concern with the existing street drainage.
As we understand it, their primary concern is potential impact to Irvine Avenue traffic which might be
caused by the increase in flow resulting from the Mesa Drive widening and the likely subsequent increase
of flow overshooting the Mesa Drive catch basins at the curb returns with Irvine Avenue. After a recent
meeting with the County, their direction was to attempt to quantify the before and after flow on Mesa Drive
and determine if modification to the inlet size or providing grate inlets would help to pick up the drainage
before reaching Irvine Avenue. It was discussed that attempts to revise the geometry, specifically the
vertical alignment and cross slope on Mesa Drive, would not be practical due to existing adjacent land
uses and overall topography and therefore, would not be studied. The County has requested, however,
that the drainage facilities be designed such that no concentrated flows exceeding 0.1 ofs will cross Irvine
Avenue.
Based on this requirement, we will prepare a hydrology study in accordance with the Orange County
Hydrology Manual and the Orange County Local Drainage Manual. Having recently improved the Santa
Ana Delhi Channel (F01), just east of Irvine Avenue crossing under Mesa Drive, the County will provide
their previous drainage study and information. We will use topographic maps as available from the
County from the previous study, to examine local topography. We have included an additional day of field
survey to obtain more specific ground information. We have not included an aerial topographic map.
We will determine the 10 year flow from the hydrology study. We will determine the before and after
drainage areas draining to the catch basins near the intersection with Irvine Avenue and determine the
percentage increase in impervious area. We will maximize the catch basin size, the local depression
size, and potentially use a combined curb opening/grate inlet (longer grates than currently exist). We
anticipate the need for additional catch basins on Mesa Drive upstream from those near the Irvine
Avenue intersection will be required in order to collect the runoff before crossing Irvine Avenue. Thus a
piping system would extend from the Irvine Avenue / Mesa Drive intersection up Mesa Drive. Additional
plan sheets are included for the design of these facilities. We will identify utility conflicts resulting from the
new storm drain, however, we have assumed any utility modifications would be designed by the County if
any are involved.
Task 3— Geotechnical Investigation and Report
Diaz Yourman & Associates has joined our team for the geotechnical investigation and report preparation.
Their scope of work has been identified as the following subtasks:
Subtask 1A— Data Review / Permitting
Subtask 1 B — Geophysical Survey (Optional)
Subtask 2A —Subsurface Investigation
Subtask 213 — Retaining Wall Foundation Investigation (Optional)
Subtask 3 — Laboratory Testing
Subtask 4 - Engineering Analyses
These are further discussed as follows.
Subtask 1A — Data Review / Permitting. Available geotechnical data will be reviewed. We will assist the
City in obtaining encroachment / access permits from the property owners for field.activities. We will
contact Underground Service Alert (USA) to check for locations of underground utilities as related to the
field investigation.
0 0
Mr. Rich Edmonton
City of Newport Beach
January 15, 2002
Page 3
Subtask 1 B — Geophysical Sruvev (Optional). To help check for underground utilities for the field
investigations and to help investigate the type of foundation for the existing high retaining wall, we
recommend an optional geophysical survey. The geophysical survey will use a variety of techniques
such as ground penetrating radar (GPR), electromagnetic, electrical resistivity, and magnometer surveys.
Subtask 2A — Subsurface Investaation. The subsurface investigation will consist of drilling three to four
borings between 5 and 20 feet deep for a total linear footage of 50 feet. The field investigation depths
were selected to investigate the subsurface materials that will be influenced by the proposed project. The
number of exploration points was selected to provide overall coverage of the project site.
Subtask 2B — Retaining Wall Foundation Investigation (Optional). This optional subtask will consist of
attempting to investigate the assumed shallow foundation of the retaining wall to remain in place
(shopping center wall). We will hand excavate one to two test pits adjacent to the retaining wall to
attempt to identify the depth of foundation on the existing wall.
Subtask 3 — Laboratory Testing. Soil samples collected during the field investigation will be reexamined
to confirm their field classifications and to select samples for testing. We estimate the following test will
be conducted:
• Moisture content / dry density
• Atterberg limits / particle size distribution
• Sand equivalent
• Shear strength
• Compaction
• R -Value
• pH, Sulfates, and Chlorides
Subtask 4 — Engineering Analyses. The results of the data review and field and laboratory tests will be
the basis of our engineering analyses. We will provide engineering conclusions and recommendations
regarding:
• Site conditions
• Geologic and seismic hazards
• Foundation type and design criteria
• Stability of existing and proposed retaining walls
• Lateral earth pressures and resistance to lateral loads
• Asphalt concrete pavement thickness
• Soil corrosion potential
Task 4 — Utility Coordination
During the 50% design we contacted the area utility companies and obtained their current facilities
location information. Based on that study, the following utilities are present:
Southern California Edison - Overhead Lines on poles along the north side of Mesa
Southern California Gas Company — a 3" line north of the Mesa centerline
Adclphia Cable — on the SCE power poles, and on poles on the south
Pacific Bell — on the SCE power poles, and on poles on the south
City of Newport Beach — an 8" water line north of the Mesa centerline
City of Newport Beach — a 6" sewer line located south of the Mesa centerline
Based on the 50% design, the following impacts are involved in the project:
Relocation of the power poles on the north side
Relocation of the power poles on the south side
Relocation of a fire hydrant along the south side
i •
Mr. Rich Edmonston
City of Newport Beach
January 15, 2002
Page 4
The County has stated they will perform the coordination with the utility companies. We will provide the
information we have from the utility companies along with the impacts our design has on them. We will
assume our utility effort is limited to coordination with the County and identification of utility/roadway
improvement conflicts.
Task 5 — Right -of -Way Exhibits
The County is performing the right -of -way engineering and appraisal /acquisition processes for the
property needed for both Irvine Avenue and Mesa Drive. We will prepare exhibits defining the limits of
the permanent fee transfer and the private property areas which require a temporary permit to construct.
We will coordinate this with the County. We will prepare exhibits for the land required on both sides of
Mesa Drive.
Task 6 — Plans
We will prepare the 100% complete plan set for Mesa Drive. We estimate the following sheets:
1. Typical Cross Sections / Details / Notes
2. Street Plan & Profile
3. Storm Drain Plan & Profile
4. Storm Drain Plan & Profile
5. Storm Drain Details
6. Retaining Wall Plan & Profile
7. Retaining Wall Plan & Profile
8. Retaining Wall Design / Aesthetics
9. Construction Details
10. Signing and Striping Plan
11. Landscaping Plan
12. Irrigation Plan
The County will prepare the Title Sheet, Traffic Signal Modifications, and Utility Modifications (if required).
The contractor will be required to prepare traffic handling sheets and these will not be included as a part
of our plan set.
We can prepare the sheets on either County or City borders. We will prepare the street modification
plans at a scale of 1 " =40', or other appropriate scale. The plans will show existing and proposed curb,
gutter, sidewalk, medians, walkways, driveways, etc. Curb profiles will be designed and shown. The
plans will include the relocation /reconstruction of existing drainage facilities and to the extent described in
Task 2 above, designed to pick up as much flow as possible before bypassing and entering Irvine Avenue
by potentially using a combined curb opening/grate inlet. A hydrology study will not be prepared.
The signing and striping plans will show the existing striping, limits of striping /markers removal, new
striping, pavement markings, and markers. Existing signs conflicting with the new curbs will be shown to
be relocated.
Two retaining wall plans are anticipated. The south side Mesa Drive retaining wall plan will need to
coordinate with the county's wall plan to join at the curb return. The County has indicated they would like
to use a fractured rib aesthetic treatment to the proposed type 1 concrete retaining walls. The south side
retaining wall would be designed to be located in front of the existing shopping center wall. We will need
to ascertain the footing location of the existing wall in order to ensure the proposed wall design considers
the existing wall with respect to loading, actual dimensions, and constructability. The proposed north side
wall will require removal of the existing wall. We will need to examine constructability to determine
methods which will be the least invasive on the existing apartment site.
We will investigate existing landscaping and Irrigation of the adjacent properties to determine existing
plants and facilities. An "as- built' of the existing irrigation will have to be assembled and has been
assumed for purposes of this proposal, unless actual as- builts can be located. The proposed retaining
• i
Mr. Rich Edmonston
City of Newport Beach
January 15, 2002
Page 5
walls will impact the existing landscaping and as such, we will prepare plans indicating the necessary
changes. Replanting and irrigation plans will be prepared. NUVIS has joined our team for this effort.
Task 7 — Specifications Review
We will prepare a list of items for the bid and compare to the County's bid item list. We will prepare
specifications for only those items which are not included in the County's bid list and therefore, not
included in their specification package. We will review the County's specifications to ensure their
requirements are consistent with our design. For purposes of this proposal, we are assuming the need
for preparation of specification sections for two items.
Task 8 — Cost Estimate / Bid List
We will prepare a construction quantity and cost estimate. The estimate will show quantities and unit
prices for each item. Our unit prices will be based on a combination of prices obtained from recent
construction bids for similar projects, discussions with City and County staff, and discussions with others
in the construction industry.
A bid item list will be prepared. This will be provided to the County for inclusion in the construction bid
document package.
Task 9 — Meetings, Coordination, and Submittals
Upon the notice to proceed, we have assumed a kickoff meeting will be held with the City and County to
confirm the design intent and document preparation. Because of the single construction document
package for both the Irvine Avenue widening and the Mesa Drive widening, it will be important throughout
the project to ensure that duplication or omissions do not occur. We expect there maybe several
combined meetings with the City, County, and County's consultant.
We will coordinate as required throughout the project with the City, County, and County's consultant to
confirm a complete set of documents and appropriate joins.
We anticipate three submittals — at the 75 %, 100%, and final set of completion. We expect that both the
City and County will review our documents and provide comments. We will respond and incorporate the
appropriate comments.
Exclusions to Scooe of Work
• Right - of-way legal descriptions, appraisals, acquisition, and title reports
• Traffic Signal Modification Plan
•
Tile Sheet
• Traffic Handling Plans
• Utility Plans
Fee Estimate
Task 1 — Supplemental Ground Survey / Augment Base Maps ......................... ............................... $ 760
The Culver Group (field survey) ................................ ............................... ..........................3,960
Task2 — Drainage Study ............................................................. ............................... .........................14,080
Task 3 — Geotechnical Investigation and Report ......................... ............................... ..........................1,160
Diaz Yourman & Associates (geotechnical engineering) ........................ .........................14,410
Task 4 — Utility Coordination ........................................................ .......:....................... ..........................1,640
Task 5 — Right -of -Way Exhibits .................................................... ............................... .......................... 3,500
Task6 — Plans ..................................................................................................... ............................... 22,980
NUVIS (landscape architecture) ................................ ............................... ..........................7,080
Task7 — Specifications Review .................................................. ............................... ..........................2,560
Task 4 — Cost Estimate / Bid List ................................................. ............................... ..........................4,340
Task 4 — Meetings, Coordination & Submittals ............................ ............................... ..........................6,440
• •
Mr. Rich Edmonston
City of Newport Beach
January 15, 2002
Page 6
Reimbursables (estimated at 5%) ................................................. ............................... ..........................4,150
Total
$ 87,060
The geotechnical fee listed above under Task 3, includes the optional tasks identified in the scope. We
have attached our estimated task/labor hour list for MetroPointe's work. Task lists for our subconsultants
can be provided if needed. Please call if you would like to discuss and/or modify this proposal. We look
forward to continuing our work on this project with the City and County.
Sincerely,
Marie Marston, P.E.
Principal
Attachment: Task List / Labor Hours
CLIENT: City of Newport Beach Civil Works Engineers, Inc.
PROJ: Mesa Drive / Irvine Avenue Intersection Improvements Project Rate
JOB NO: 219 -04 SUMMARY FEE ESTIMATE'
DATE: 05/11/05
J
FEE
4
A
Base
Base
BU
Proposal By Project Manager M. Marston
Summary
Existing MetroPointe Contract
Billed to Date by MetroPointe
MetroPointe Remaining Contract Balance
Additional services requested by Civil Works
Total requested by Civil Works
EXHIBIT B
$64,734
$87,060.00
$58,379.59
$28,680.41
$36,053.62
$64,734.03
0 0
CLIENT: City of Newport Reach
Civil Works Engineers, Inc.
PROJ: Mesa Drive / Irvine Avenue Intersection
Improvements
PROJECT RATE
JOB No: 219-04
LABOR
DATE: 51112005
Class Posifion/Name A
B
C D
E F G H Hours
Total
A Principal 4
4
$480
IBM—PLOI
C Sr. Engineer
86
86
$8,800
D 0 " signer "`=
}l ;(iu 281. '"„-. -,( °,y +i' "237 .y°20: 90 ?
E Jr. Engineer I CADD Designer
23 23
$1,725
a M
G
0 0
$0
in 10 —a t Fit f V-6 11 ME 1516 t Fu'i 1 T 5 di " fl i
rl
Totals 4
84
86 231
23 65 0 U 493
$45,060
Task
No. Function Description A
B
C D
E F G H Hours
Total
Task I - Supplemental Ground Survey I Augment Base Maps
Survey Coordination
$0
Reduce Survey
$0
Field Walk
$0
Task 2- Drainage Study
Review Countys Delhi Channel Info
0
$0
Hydrology Study
1
10
11
$1,110
Hydraulic Design
2
8 2
12
$1,200
Drainage Report
2
4 2
a
$600
Task 3 - Geotechnical Investigation and Report
Coord wl Geolech for Investigation Needs
0
so
Review Geolech Report
1
1
$110
Coord WayStruc Sect Parameters
0
$0
Task 4 - Utility Coordination
Utility Coordination wl County
1
1 2
$185
Review Utility Impacts
1
2
3
$290
Task 5 - Right of Way Exhibits
RNV Exhibits Perm (3)
3
15
18
$1,680
RNV Exhibits Temp (4)
4
20
24
$2,240
Task 6 - Plans
1 Typical Sections I Details I Holes
1
1
1 3
$265
2 Street Plan & Profile
1
4
4 9
$770
3 Storm Drain Plan, Profile (at Irvine)
2
20
12 34
$2.800
4 Slorm Drain Plan, Profile (on Mesa)
2
8 24
12 46
$3,960
5 Storm Drain Details
2
4 16
16 38
$3,100
6 Retaining Wall Design /Aesthetics
1
12
13
$1.190
7 Retaining Wall Plan & Profile
1
4
2 7
$620
B Retaining Wall Plan & Profile
1
4
2 7
$620
9 Construction Details
2
12
a 22
51.820
10 Signing and Striping Plan
1
4
2 7
$620
11 Landscape Plan Coord
1
2
3
$290
12 Irrigation Plan Coord
1
2
3
$290
Task 7 - Specifications Review
Review County Space
8
8
$B80
Compare Bid Item Lists
12
12
$1,080
Prepare Spam for Items not in Countys
8
8
$890
Task 3 - Cost Estimate I Bid List
Quantity Take Off
2
2
4 8
$700
Cost Estimate
2
4
6
$580
Bid List
1
12
13
$1.190
Task 9 - Meetings, Coordination & Submittals
Vickoff Meeting
0
$0
Meetings (3)
6
1
7
$750
Drainage Meefing with County
4
4
B
$840
Coordination
4
6
10
$980
Submittals I Responses (2)
8
8 16
$1,480
QA1QC 4
4
$480
Now Tasks duo to Irvine Ave. design changes
rickoff & Additional Coordination
4
8
12
$1,240
Alignment Revisions
16
16
$1.600
Additional Retaining Wall Plan & Profile
2
B 16
a 34
$2.980
Revise Street Plans
2
B 16
4 3D
$2.720
Revise Wall Plans
2
8 16
4 30
$2.720
Additional Survey (see subs)
Additional Geolech support (see subs)
0
CLIENT: City of Newport Beach
Civil Works Engineers, Inc.
PROJ: Mesa Drive / Irvine Avenue Intersection Improvements
JOB NO 219 -04
SUBCONTRACTS
& SVRVEYS
DATE: 05/11/05
70 SUBCONTRACTS
Unit
Num.
Unit Cost
Total
Diaz Yourman Associates
Ong Contract
LS
5.5%
$18,100
$1,000
Add. Work
LS
1
$5,900
$5,900
The Culver Group (Additional Field Survey)
LS
1
$2,500
$2,500
NUVIS
LS
100%
$6,440
$6,440
SUBCONTRACTS TOTAL
$15,840
SURVEYS
Class Position /Name
I J K L
Hours Total
I Three Person Survey Crew
K Senior Office Surveyor
Totals
$0
Task
No. Function Descriptior
I J K L
Hours Total
wB CERTIFICA OF LIABILITY INSURA E
DATE /202
0 '
PRODUCER (949)263 -0606 FAX (949)263 -0906
Complete Insurance, Inc.
California DOI #0437762
19000 MacArthur Blvd., PH Fir
Irvine, CA 926 12-1447
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.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Civil Works Engineers, Inc.
3151 Airway Ave., Suite S -2
Costa Mesa, CA 92626
INSURERA Fidelty & Guaranty Ins. Co.
POLICY EFFECTIVE
DATE ?MMIAD�Y)
INSURERB: St. Paul Fire & Marine Ins. Co.
LIMITS
INSURERC: (c /o St. Paul Travelers, KS)
INSURER D:
BKO2095996
INSURER E:
03/15/2006
Cf1VFRWIFR
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 MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II T R
DD'
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE ?MMIAD�Y)
POLICY EXPIRATION
DATE fMWDD-yy)
LIMITS
GENERAL LIABILITY
BKO2095996
03/15/2005
03/15/2006
EACH OCCURRENCE
$ 1,000,00
7x, COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$ 300,000
CLAIMS MADE OCCUR
MEO EXP (my one parean)
$ 10,000
A
PERSONAL &ADV INJURY
S 1,000,000
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMP/OP AGG
$ 2,000,00
POLICY X JEC LOC
AUTOMOBILE
LIABILITY
ANY AUTO
BK02095996
03/IS/2005
03/15/2006
COMBINED SINGLE LIMIT
Me accident)
$
1,000,000
-
BODILY INJURY
(Perporson)
$...
A
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS.
'aODILV
,.,
'
X
INJURY
(Per accident)
$
X
PROPERTY DAMAGE
(Per accident)
S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAAOC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESSIIMBRELLAU BILITY
BKO2095996
03/15/2005
03/15/2006
EACH OCCURRENCE
S 1,000,00
X OCCUR CLAIMS MADE
AGGREGATE
S 1,000,00
$
A
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
EW02095997
03/15/2005
03/15/2006
wCSTATU- X oTH-
B
EMPLOYERS' LIABILITY
ANY PROPRIETOR.PARTNER/E(ECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. EACH ACCIDENT
$ 1,000,00C
EL DISEASE - EA EMPLOYEE
$ 1,000,00
II yea, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000,00
OTHER
10 day notice applies to
non - payment and /or
non- reporting
DESCRIPTION
- ertificate
OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
Holder is Additional Insured as respects General Liabilitv but onlv if reauired by written
::ontract with the Named Insured prior to an occurrence and as per coverage form CL/BF26090903. Waiver
Jf Subrogation Endt. WC040306 included as respects Work Comp only. Coverage subject to all policy
i6erms and conditions.
)roj Ref: Mesa Drive /Irvine Avenue
City of Newport Beach, its elected or
appointed officers, officials, employees
agents and volunteers
ATTN: Steve Badum
3300 Newport Boulevard
Newport Beach, CA 92663
ACORD 25 (2001108)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL hWXX9IJM MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
DWGddm) w00n"KKd(IfKY&Afd6]0626YEOG16Xi XX
AUTHORED REPRESENTATIVE
® ACORD CORPORATION 1988
0
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
ARCHITECTS ANIWGINEERS PROGRAM SY ENDORSEMENT
THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INSURED: Civil Works Engineers, Inc. Fidelity & Guaranty Ins. Co.
POLICY NUMBER: BKO2095996
POLICY PERIOD: 03/15/05 to 03115106
ADDITIONAL INSURED: City of Newport Beach, its elected or appointed officers, officials, employees, agents and
volunteers
This summary endorsement modifies insurance provided under the following:
Additional Insured: The following is added to Section II. Other Insurance: The following replaces SECTION
WHO IS AN INSURED: W.Conditions, 5. "Other Insurance ", a. Primary Insurance, (2):
Any person or organization that you agree to add as an insured
under this Liability Coverage Part in a written contract or
agreement that is made before, and in effect when, the "bodily
injury" or "property damage" occurs or the offense that causes
the "personal injury" or "advertising injury" is fast committed,
but only with respect to that person's or organization's liability
arising out of "your work" for that person or organization.
However, such person or organization is not an insured with
respect to any:
(1) `Bodily injury", "property damage ", "personal injury" or
"advertising injury" that does not arise out of: (a) Your
negligence; or (b) The negligence of another person or
organization for whom you are liable;
(2) `Bodily injury ", "property damage ", "personal injury" or
"advertising injury" for which such person or organization has
assumed liability in a contract or agreement, except for liability
for damages that such person or organization would have in the
absence of the contract or agreement;
(3) "Property damage" to: (a) Property owned, used or occupied
by, or loaned or rented to such person or organization; (b)
Property over which such person or organization is for any
purpose exercising physical control; or (c) "Your work"
performed for the insured; or
(4) `Bodily injury", "property damage ", "personal injury" or
"advertising injury" arising out of any architect's, engineer's or
surveyor's rendering of, or failure to render, any "professional
service ", when such person or organization is an architect,
engineer or surveyor.
Aggregate Limit of Insurance (Per Project):
The General Aggregate Limit applies separately to each of your
projects away from premises owned by or rented to you.
Notice of Cancellation:
We may cancel this policy by mailing (first class mail only) or
delivering written notice of cancellation at least:
a. 10 days before the effective date of cancellation if we cancel
for non - payment of premium; or
b. 30 days before the effective date of cancellation if we cancel
for any other reason.
(2) However, this insurance will be considered primary to, and
non - contributory with, "other insurance" issued directly to a
person or organization added as an additional insured under
Section II. WHO IS AN INSURED 2.; if you specifically agree,
in that written contract or agreement, that this insurance must be
primary to, and non - contributory with, such "other insurance ".
This insurance will then be applied as primary insurance for
damages for "bodily injury ", "property damage ", "personal
injury' or "advertising injury" to which this insurance applies and
that are incurred by such person or organization, and we will not
share those damages with such "other insurance ".
Separation of Insureds:
Except with respect to the Limits of Liability, and any rights or
duties specifically assigned in this Coverage Part to the First
Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom claim is made or
"suit" is brought.
Transfer of Rights of Recovery and Proceeds
Against Others to Us (Waiver of Subrogation):
The following is added to Section IV. Conditions, 8.:
However, use waive any tight of recovery and proceeds we may
have against any person or organization that is added as an
Additional Insured under WHO IS AN INSURED, 2.:
a. Because of payments we make for "bodily injury', "property
damage ", "personal injury" or "advertising injury" arising out of
"your work" in ongoing operations or included in the "products -
completed operations hazard'; and
b. Performed under a written contract or agreement that is made
before, and in effect when, the "bodily injury" or "property
damage" occurs or the offense that causes the "personal injury"
or "advertising injury" is committed; and
c. You specifically agree in such written contract or agreement to
waive those rights of recovery and proceeds for such person or
organization.
Countersigned by Authorized Representative
CL /BF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Printed in U.S.A.
Abbreviated permission. Copyright, Insurance Services Office, Inc. 2001
0 0
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
This endorsement changes the policy to which It is attached and is effective on the date issued unless
otherwise stated.
This endorsement, effective on March 15, 2005 at 12:01 A.M. standard time, forms a part of:
Policy No. BWO2095997 Endorsement Notice
of the St. Paul Fire and Marine Insurance Company NCCI Carrier Code 13706
Issued to: Civil Works Engineers, Inc.
Policy Expiration Date: March 15, 2006
Authorized Representative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)'
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 3% of the California workers' compensation premium
otherwise due on such remuneration.
SCHEDULE
Person or Organization
Anyone for whom the Named Insured has agreed to furnish this waiver.
Minimum Premium: $100.00
The premium for this coverage will be determined and billed at Audit.
WC 04 03 06 (Ed. 04 84) Printed in U.S.A.
MB CERTIFICA100F LIABILITY INSURA E
ii '
oi%20
PRODUCER (949)263 -0606 FAX (949)263 -0906
Complete Insurance, Inc.
California DOI #0437762
19000 MacArthur Blvd., PH Flr
Irvine, CA 92612 -1447
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.
INSURERS AFFORDING COVERAGE'
NAIC #
INSURED Civil Works Engineers, Inc.
3151 Airway Ave., Suite S -2
Costa Mesa, CA 92626
INSURERA St. Paul Fire & Marine ins. Co.
INSURERS: (c /o St. Paul Travelers, MD)
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
INSURER C:
NSURER 0:
EACH OCCURRENCE
INSURER E:
DAMAGE-TO -RENTED
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
DD'
TYPED INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
EACH OCCURRENCE
$
DAMAGE-TO -RENTED
$
MED EXP (Any one person)
$
PERSONAL &ADV INJURY
$
GENERAL AGGREGATE
$
GENL AGGREGATE LIMIT APPLIES PER:
POLICY JEC LOC
PRODUCTS - COMPIOP AGG
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON - OWNEDAUTOS
COMBINED SINGLE LIMIT
(Ea amident)
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accidaM)
$
PROPERTY DAMAGE
(Peramident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGO
$
$
EXCESSIUMBRELLA LIABILITY
OCCUR r_1 CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
$
S
$
is
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNEREXECUTIVE
OFFICERIMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
I WCSTATU- OTH•
E.L. EACH ACCIDENT
E
E.L. DISEASE - EA EMPLOYE
$
EL. DISEASE - POLICY LIMIT I
$
A
�o'essional Liability
QP03808270
03/15 /2005
03/15/2006
$2,000,000 Per Claim
$2,000,000 Aggregate
DESCRIPTION
30 day
OF OPERATIONS/ LOCATIONS! VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
notice Endt. PL7405 included - 10 day notice aDolies to non- oavment
Proj Ref: Mesa Drive /Irvine Avenue
City of Newport Beach, its elected or
appointed officers, officials, employees,
agents and volunteers
ATTN: Steve Badum
3300 Newport Boulevard
Newport Beach, CA 92663
ACORD 25 (2001/08)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION DR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED
Alicia :
OACORD CORPORATION 1988
i
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
•
St. Paul
s
ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY
St. Paul Fire & Marine Insurance Company
NAMED INSURED: Civil Works Engineers, Inc.
POLICY NUMBER: QP03808270
POLICY PERIOD: 03/15/05 to 03/15/06
NOTICE ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY POLICY
It is agreed that this policy will not be cancelled by the Company until 30 days prior written notice is given to:
City of Newport Beach, its elected or appointed officers, officials, employees,
agents and volunteers
All other provisions of this policy remain unchanged.
PL 74 05 (Ed. 05 99) Printed in USA
CITY OF NEWPORT BEACH /
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
May 24,2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Antony Brine, P.E.
949 -644 -3311
tbrine@city.newport-beach.ca.us
SUBJECT: MESA DRIVE WIDENING PROJECT - APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS
RECOMMENDATIONS:
1. Approve a Professional Services Agreement with Civil Works Engineers, of Costa
Mesa, California, for design of widening Mesa Drive at the intersection of Irvine
Avenue at a contract price of $64,734 and authorize the Mayor and City Clerk to
execute the Agreement.
2. Authorize a Budget Amendment in the amount of $ 36,054 from the unappropriated
balance of the Circulation & Transportation Fund to Account No. 7261- C5200665.
DISCUSSION:
The City has been working cooperatively with the County on a project to widen Mesa
Drive westerly of Irvine Avenue, as part of the larger County project to widen Irvine
Avenue between University Drive and Bristol Street. The goal of the Mesa Drive
widening project is to allow the east approach on Mesa Drive to be re- striped to provide
a dual left -turn lane for traffic turning on to southbound Irvine Avenue and the current
right -turn lane to become a through and right -turn lane. The west approach of Mesa
Drive will need to be physically widened to create an appropriate alignment with the
east approach.
The Irvine Avenue widening project was begun by the County over ten years ago, and
then shelved as a result of the bankruptcy. Due to administrative. constraints, the
County did not include the Mesa Drive work when the Irvine Avenue project design was
started up again in 2001. When the City brought this oversight to the County's
attention, they were unsure whether they would be able to fund the Mesa Drive
improvements.
In March 2002, the City retained the firm of MetroPointe Engineers to prepare
preliminary plans for the Mesa Drive improvements. A Professional Services
Agreement with MetroPointe Engineers was approved by the City Council on March 12,
2002 in the amount of $ 87,060. MetroPointe Engineers proceeded with design work on
the project and completed approximately 50% of the work when the project was put on
hold by the County in April 2003. MetroPointe Engineers has since reorganized, and the
SU&tECT:Mesa Drive Widening lRect— Approval of Professional Services Agreement with Clvil Works Engineers
Date: May 24, 2005
Page 2
key staff members that were working on this project now work for a new firm known as
Civil Works Engineers.
The current scope of professional services will include the completion of original design
tasks including: survey work, preparation of right -of -way exhibits, geotechnical
investigation, utility coo rdinationlrelocation, a drainage study, and cost estimate.
Additional design services are now required due to the project delay, the County re-
design of Irvine Avenue widening, additional wall design, supplemental survey work,
and additional geotechnical work.
At the time the project was put on hold, the City had compensated MetroPointe
Engineers a total of $ 58,380. The remaining original contract balance is $28,680. The
new total contract amount with Civil Works Engineers is $64,734. An amount of
$36,054 is required to fund the additional design services as outlined above.
The County has agreed to reimburse the City for the costs of having Civil Works
Engineers complete the project design.
It is recommended that the City advance Circulation and Transportation funds for this
design effort in the amount $ 36,054. When the City requests reimbursement from the
County (as provided in a Cooperative Agreement), a Budget Amendment will be
processed.
Funding Availability:
Upon approval of the requested budget amendment, sufficient funds for this project will
be available in the following account:
Account Description
Environmental Review:
Account Number Amount
7261- C5200665 $64,734
Engineering design services are not a project as defined in the California Environmental
Quality Act (CEQA) Implementing Guidelines. An environmental review and the
appropriate documentation will be prepared after the scope of construction work has
been finalized.
Prepared by: Submitted by
Antony Brine, P. E/ S phe G. adum
Transportation Engineer ubli orks Director
Attachments: Scope of Services
. Professional Services Agreement
0
PROFESSIONAL SERVICES AGREEMENT WITH
CIVIL WORKS ENGINEERS, INC.,
FOR THE MESA DRIVE /IRVINE AVENUE INTERSECTION IMPROVEMENTS
THIS AGREEMENT is made and entered into as of this day of
2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and CIVIL WORKS ENGINEERS, INC., a corporation, whose address is 3151
Airway Avenue, Suite S -2, Costa Mesa, California, 92626 ( "Consultant "), and 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 widen Mesa Drive west of Irvine Avenue to allow the
east approach on Mesa Drive to provide a dual left -turn lane. City has
been working cooperatively with the County of Orange on the proposed
improvements, which are part of a larger County project to widen Irvine
Avenue between University Drive and Bristol Street. City also plans to
construct storm drain and other improvements . at the Mesa Drive /Irvine
Avenue intersection in conjunction with the Mesa Drive widening project.
C. In March 2002, City retained the firm of MetroPointe Engineers to prepare
preliminary engineering plans for the improvements. MetroPointe
Engineers proceeded with the design work and completed approximately
50% of the work when the widening project was put on hold by the County
in April 2003 due to budgetary constraints. City's contract with
MetroPointe expired on March 31, 2002. MetroPointe Engineers has
since reorganized, and the project manager and other key personnel on
the project now work for Consultant.
D. City desires to engage Consultant to complete the engineering design
work for the Mesa Drive /Irvine Avenue intersection improvements.
Specifically, City wants Consultant to perform the following tasks: (1)
Complete the engineering design, survey work, geotechnical investigation,
and utility coordination; (2) Prepare the retaining wall plan and details; (3)
Prepare the construction plans, specifications, and cost estimates; (4)
Prepare the landscaping and irrigation plans; (5) Attend meetings with the
City and County, as necessary; and (6) other tasks as required (the
"Project ").
E. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this
Agreement.
F. The principal members of Consultant for purposes of Project shall be
Marie Marston, P.E., and Francois Zugmeyer, P.E.
0 0
G. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to retain Consultant to render professional services under the
terms and conditions set forth 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 above written date, and shall
terminate on the 31st day of December, 2006, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 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 that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 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.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees; shall not
2
exceed Sixty -Four Thousand, Seven Hundred and Thirty -Four Dollars
($64,734.00) without additional authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B.. Approved 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.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be mane until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Marie Marston,
P.E., to be its Project Manager. Consultant shall not remove or reassign the
Project Manager or any personnel listed in Exhibit A or assign any new or
C]
0 0
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION'
This Agreement will be administered by the Public Works Department. Antony
Brine, P.E., shall be 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.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all
such materials in a timely manner so as not to cause delays in
Consultant's work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction
company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
S. STANDARD OF CARE
8.1 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 community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
In
0
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 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.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and/or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or 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 approval
for 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 means of performing the work, provided that Consultant is in compliance with
5
11.
12.
13.
14.
0 0
the terms of this Agreement. Anything in this Agreement that may appear to give
City the. right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interestt in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
CITY POLICY
Consultant shall discuss and review all
direction with City's Project Administrator
in order to ensure the Project proceeds
and policies.
PROGRESS
matters relating to policy and Project
in advance of all critical decision points
in a manner consistent with City goals
Consultant is responsible for keeping the Project Administrator
duly authorized designee informed on a regular basis regarding
progress of the Project, activities performed and planned, and any
have been scheduled or are desired.
INSURANCE
and /or his /her
the status and
meetings that
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
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D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain 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).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
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directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. 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.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to .City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
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subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services
to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of
City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any, other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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 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.
[Optional Paragraph] Consultant shall provide to City a copy of digital ACAD
and tiff image files of all final sheets within ninety (90) days after finalization of
the Project. For more detailed requirements, a copy of the City of Newport
Beach Standard Design Requirements is available from the City's Public Works
Department.
18. COMPUTER DELIVERABLES
.CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for 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 original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with .
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
Q7
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from. the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20.- 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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all 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.
22. 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 and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. 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 to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant 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 as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
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24. 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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
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.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974, (the "Act "), which (1) requires such
persons to disclose any 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.
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 immediate
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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant 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:
Attn: Antony Brine, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3329
Fax: 949- 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Marie Marston, P.E.
Civil Works Engineers, Inc.
3151 Airway Avenue, Suite S -2
Costa Mesa, CA 92626
Phone: 714 - 966 -9060
Fax: 714 - 966 -9085
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28. TERMINATION
•
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting parry fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default; the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting parry written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. 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 herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
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33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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:
Aaron C. Harp
Assistant City Attorney
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CIVIL WORKS ENGINEERS, INC.:
By:
Corporate Officer
Title:
Print Name:
By:
Financial Officer
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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04works6vin"a
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3151 Airway Ave. #5 -2
Costa Mesa, CA 92626
Bus: (714) 966-9060
Fax: (714) 966-9085
To: Rich Edmonton From: Marie Marston
City of Newport Beach
Sob No: 219 -04 -02 , Date: March 14, 2005
Re: Mesa Dr./ Irvine Ave. Intersection cc: Frongois Zugmeyer
O For Your Info v For Review ❑ Please Comment 17 Please Reply ❑ Please Return 0 For Your Use
The purpose of this memo is to describe our understanding of the scope of work required for the
completion of the final items of work in preparing the construction documents and to submit our fee
estimate to complete the task for the above referenced project.
This project was put on hold shortly after our April 16, 2003 meeting, when we met with the City and with
the County to present the status of the project and the percent complete of each original task. The status
at that date is summarized below:
Task 1 — Supplemental Ground Survey / Augment Base Maps
100%
Task 2 — Drainage Study
80%
Task 3 — Geotechnical Investigation and Report
95%
Task 4 — Utility Coordination
75%
Task 5 — Right -of -Way Exhibits
0%
Task 6 — Plans
1. Typical Cross Sections / Details / Notes
90%
2. Street Plan & Profile
75%
3. Storm Drain Plan & Profile
0%
4. Storm Drain Details
0%
5. Retaining Wall Plan & Profile
80%
6. Retaining Wall Details / Aesthetics
0%
7. Construction Details
0%
8. Signing and Striping Plan
75%
9. Landscaping Plan
0%
10. Irrigation Plan
0%
Task 7 — Specifications Review
0%
Task 8 — Cost Estimate / Bid List
50%
Task 9 — Meetings, Coordination, and Submittals
35%
At this time, the City and County desire to complete the project. Therefore, we have revisited our original
proposal, progress previously made, identified additional work needed for the completion, and offer this
letter proposal to the City. Our original fee estimate was revised by decreasing hours allocated to each
task according to the percent complete above. We added to the original tasks required additional services
due to the several years delay, the County re- design of Irvine Avenue widening and related revisions,
additional wall design, required supplemental survey, and additional involvement of the geotechnical
consultant. A breakdown of hours remaining to the original contract and those assigned to the new tasks
is provided in the attached spreadsheet. To these hours has been assigned our 2005 rates to calculate
the proposed fee.
Regarding the survey, per Javier Soto 2/8/05 e-mail, controls used for the original survey are different
than the one used by the County. Survey points from the County were received and will be reviewed to
evaluate the difference between the two surveys and the need for supplemental information. In the even
supplement survey need is determined; we are planning to use the original surveyor to minimize
additional survey costs. A budget item has been included for this task and can be deleted if not required.
Below is a summary of the original contract balance with MetroPointe and the requested new contract
value for Civil Works Engineers, Inc.:
Original MetroPointe Contract
MetroPointe Billed to Date
MetroPointe Existing Contract Balance
Additional Services requested by Civil Works above
the MetroPointe contract balance.
Total requested by Civil Works, Inc. for the Final
Tasks
$ 87,060.00
$ 58,379.59
$ 28,680.41
$ 36,053.62
$ 64,734.00
Please review and do not hesitate to call if you have any questions. Your approval will be considered as
a notice to proceed.
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CLIENT:
City of Newport Beach
Civil Works Engineers, Inc.
PROD:
Mesa Drive / Irvine Avenue Intersection Improvements
Project Rate
JOB NO: 219-04
SUMMARY FEE
ESTIMATE
DATE:
05/11/05
LABOR
Class
Position/Name
Hours
Rate
Total
A
Principal
4
$120
$480
... . .... . ... ..
t3 f�rAlapt AfaJ?ager :' .. . .......... .
.... . . ... ....
C
Sr. Engineer
86
$100
$8,i6
.. .. .. . ... ... ...........
E
Jr. Engineer CADD Designer
23
$75
$1,725
T
CR13D Ti chnEaian W . ..... ..... . ..
AR
M
x. xxx x..., �PM'..x
x
G
mi m. a e,
Surveys
e t 00 b
.. . .....
. . . ......
.... .. ..
. .... .... qm ..
i
Two -Person Survey Crew
0
$145
$0
$
L
Office Surveyor
0
$70
$0
TOTAL LABOR:
493
$45,060
REIMBURSABLE EXPENSES
Base
% Mark-up Total
A 4.
........
02
.....
Plotting
...................
N
. .. ................ . . .
04
Courier
45 Other 17ract
Costs ......... ... .
Ji.
..............
.. .
. . ......
. ......
. .. .
. .
.......... . . . . ........
3',,
__. TAC R ABU: ftXPt:Nbh5:
T M U
SUBCONTRACTS
Base
% Mark-up Total
,7,01 .. . ... ..... . . I ......
S . ... ...
0 a
T4,24
TOTAL SUBCONTRACTS
PROPOSED FEE
I R
0.4 I La. . r..�eQ-a u gh
..... ..
.. $45 .. 'n
Reimbursable Expenses
$2,250
Subcontracts . . . . .... ... ... .......... .
PROPOSED BUDGET:
$64,734
Proposal By Project Manager
M. Marston
Summary
Existing MetroPointe Contract $87,060.00
Billed to Date by MetroPointe $58,379.59
MetroPointe Remaining Contract Balance $28,680.41
Additional services requested by Civil Works $36,053.62
Total requested by Civil Works $64,734.03
OW of Newport Beado NO. BA- 062
BUDGET AMENDMENT
2004 -05 AMOUNT: $3s,osa.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations Ab Q �X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
qX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated fund balance for the Mesa Drive widening project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Amount
Fund Account
Description
Debit Credit
260 3605
Transportation & Circulation -Fund Balance
$36,054.00 '
REVENUE ESTIMATES (3601)
Fund /Division Account
Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number 7261
Transportation & Circulation
Account
Number C5200665
Mesa Drive Widening
$36,054.00
Division
Number
Account
Number
Division
Number,
Account
Number
Division
Number
Account
Number
Automatic System Enfry.
Signed:
'
_K /ill (
�. ��
S" /.7- –Cp.-
Financial Approval: Administrative Services Director
Date
Signed:
�✓1 &,�
.
5– 110–M
AdminkIrAive Approval:
City anager
Date
Signed:
City Council Approval: City Clerk
Date