HomeMy WebLinkAboutC-3527(G) - Balboa Village Improvements Phase 3 - Design ServicesPROFESSIONAL SERVICES AGREEMENT WITH
PSOMAS FOR ENGINEERING DESIGN WORK FOR
PHASE 3 OF THE BALBOA VILLAGE IMPROVEMENT PLAN
THIS AGREEMENT is made and entered into as of this % day of August, 2005, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and
PSOMAS, a California corporation, whose local address is 3187 Red Hill Avenue, Suite
250, Costa Mesa, CA 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. PSOMAS is a Los Angeles -based engineering consulting firm that offers services
in planning, land development, and transportation engineering.
C. In 2000, the City initiated an improvement program for Balboa Village that was
designed to promote pedestrian use and improve traffic circulation in the area
(hereinafter referred to as the 'Balboa Village Improvement Plan" or "Plan ").
D. In May 2000, City hired PSOMAS to prepare the design and construction
documents for the first three phases of the Balboa Village Improvement Plan.
The original contract with PSOMAS was for $493,131, and six amendments were
executed, the last of which expired on December 31, 2003. As of June 2003,
construction of Phases 1 and 2 of the Balboa Village Improvement Plan was
complete. City now desires to begin construction of Phase 3 of the Plan.
E. To this end, City desires that PSOMAS revise some of its design drawings for
Phase 3 and prepare additional drawings, if necessary, to incorporate concept
changes and cost reduction measures for the Plan. The work will include design
revisions to the following improvement drawings: (1) Bay Avenue (Main Street to
Palm Street), (2) Palm Street (Balboa Boulevard to Edgewater), (3) Washington
Street (Balboa Boulevard to Edgewater), (4) Balboa Boulevard (Main Street to A
Street), and (5) the storm drain system on Bay Avenue.
F. City desires to engage Consultant to provide these services, which are more fully
described on Exhabit A (`Project').
G. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
H. The principal member of Consultant for purposes of Project, shall be Tom
Herbell, P.E., Vice President.
City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
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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:
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TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31s day of December, 2006, unless terminated earlier as set forth
herein.
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
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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.
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 Fee Schedule
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 exceed
Seventy -Five Thousand Dollars and no /100 ($75,000) without additional
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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. Approved reproduction charges.
B. 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 Fee Schedule
as set forth in Exhibit B.
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 Tom Herbell 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 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; -atth rle disuetion-of City, shath-emove from tI IV PIUjW;t ally 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.
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6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Bill
Patapoff 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
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 permute by law, Consultant shall indemnify, fend and
hold harmless City, its City uncil, boards and commissions, affi rs, agents
and employees (collectively, he "Indemnified Parties) from and agat any and
all claims (including, wlthou limitation, claims for bodily injury, death r damage
to property), demands, obl ations, damages, actions, causes of a ion, sults,
losses, judgments, fines, enalties, liabilities, costs and expense (including,
without limitation, attome s fees, disbursements and court costs) o every kind
and nature whatsoever (t dividually, a Claim; collectively, "Claims ") which may
arise from or in any ma r relate (directly or indirectly) to any wor negligently
performed or services provided under this Agreement (in g, without
limitation, defects in workmanship or materials and/or design d4fects [if the
design originated with Consultant)) or Consultant's presence r activities
conducted on the Project (including the negligent and /or wilifu 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
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
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interest in the work to be performed
Consultant on the Project.
CITY POLICY
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City agrees to cooperate with the
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.
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.
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.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employee'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
ten days notice if cancellation is due to nonpayment of premium.
employees. Any notice of cancellation 1 of all
Workers' Compensation policies must be recall ad by City at least
thirty (30) calendar days prior to such chang 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.
ii. 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 farm 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.
ill. 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.
H. 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
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.
ill. 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.
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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 -wsparded
+raided, canceled, er Fedweed im emmage a ii lh 0ts, by either
party except after thirty (30) calendar days written notice has been
e�ygiven to City, ten (10) days notice if cancellation is
due to nonpayment of premium.
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 rf 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
The parties recognize that a substantial inducement to City for entering Into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization 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
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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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and 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
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
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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.
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.
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CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
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.
harmless City for any and all claims fo r
violation of this Section.
NOTICES
Consultant shall indemnify and hold
damages resulting from Consultant's
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: Bill Patapoff, City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3311
Fax: 949 -644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Mr. Tom Herbell, P.
PSOMAS
3187 Red Hill Avenue, Suite 250
Costa Mesa, CA 92626
Phone: 714- 751 -7373
Fax: 714 -545 -8883
TERMINATION
E., Vice President
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
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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 party 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 parry 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
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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.
[SIGNATURES ON FOLLOWING PAGE]
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APPROVED AS TO FORM:
By: Cam_
Aaron C. Harp
Assistant City Attorney
ATTEST:
i
Ili /L.� /,1 .L�.
City Clerk
i
CITY OF NEWPORT BEACH,
A Municipal Corporation
•
reps IT kq -
I me ..
CONSULTANT: PSOMAS, INC.
By:i
(Corporate Officer)
Title: prP_sI'��rL_�
Print Name: /S� MGze.64
By:
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Title: Y/L'E
Attachments: Exhibit A — Scope of Services
Exhibit B — Fee Schedule
[F:Users\PBVVAgreementsTFY 05- 06 \PSOMAS- Balboa Village III]
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P S O M A S
EXHIBIT A
BALBOA VILLAGE PHASE 3 PLAN REVISIONS
SCOPE OF WORK
SCOPE OF WORK AND ASSUMPTIONS
The scope of work is based upon the Status Report (no date) provided to Psomas and after
subsequent conversations with Emmet Berkery the City's project manager. From review of
the Status Report the work generally involves curb, gutter, sidewalk and asphalt overlay for
the following streets:
• Palm Street from Balboa Boulevard to Edgewater
• Washington Street from Balboa Boulevard to Edgewater
• Bay Avenue from Palm Street to Main Street
• Balboa Boulevard sidewalk between Main Street and A Street
The work is anticipated to involve the revisions to the road sheets as follows:
• Palm: 2,3,10,22,30
• Washington: 12,23
• Bay: 7,21
• Balboa Boulevard: 5,6
Psomas will be providing revisions to the street plans and details only. The City will provide
all other plan revisions and coordination that may be necessary such as striping, odor control
and landscape plans.
For purposes of this contract, drawing preparation shall be construed to mean modification to
previously prepared drawings to incorporate pertinent design revisions as well as new
drawings as needed to add existing details.
1. Review previously prepared construction drawings. Conduct site visits.
2. Attend (10) ten hours of meetings at City Hall.
3. Bi- weekly progress meetings will be held at Psomas offices with City's project
manager.
4. Prepare plan and profiles for four catch basins and laterals at Bay Avenue and
Washington Street. For purposes of this contract plan preparation shall construed to
mean modification to previously prepared drawings to incorporate pertinent design
revisions.
5. Prepare and plan and profile for a catch basin and lateral at northeast quadrant at Palm
Street and Bay Avenue to tie into existing catch basin at Palm Street and Edgewater.
P S O M A S
6. Prepare improvement drawing for Bay Avenue including two new catch basins and
laterals, new curb, gutter and sidewalk (to match existing grades), AC overlay, and
ADA ramps.
7. Prepare improvement drawing for Palm Street (Balboa Boulevard to Bay Avenue)
including new curb, gutter and sidewalk (to match existing grades), alley approach,
driveway approach, AC overlay, and ADA ramps.
8. Prepare improvement drawing for Palm Street (Bay Avenue to Edgewater) including
new sidewalk (to match existing grades) and revising bulb -out at northeast corner.
9. Prepare improvement drawing for Washington Street (Balboa Boulevard to Bay
Avenue) including new curb, gutter and sidewalk (to match existing grades at back of
sidewalk), new crowned pavement section (type to be determined by City) and a ADA
ramp (southwest quadrant). Eliminate tree wells as directed.
10. Review improvement drawing for Washington Street (Bay Avenue to Edgewater) and
as needed, adjust grades at Bay Avenue intersection, modify bulb -out, change
pavement material as directed, and eliminate tree wells as directed.
11. Prepare improvement drawing for Balboa Boulevard (Main Street to A Street)
including new decorative sidewalk within the existing parkway (to match existing
grades at back of sidewalk) and modification of tree well locations.
12. Revise design for Washington Street Restroom parking lot based upon site plan to be
provided by City.
13. Revise the demolition and horizontal control drawings as needed to be consistent with
the improvement drawings.
14. Revise the title sheet, construction note sheets, and detail sheets to be specific to
Phase 3 construction. Renumber construction notes for consistency. Renumber Phase
3 sheets.
15. Plot location of utility conduits per underground district drawings to be provided by
City.
16. Review contract special provision prepared by City.
17. Prepare quantity and cost estimate with backup calculations.
18. Provide construction review services (BFI's, etc) — estimated at 40 hours.
19. Prepare record drawings incorporating field changes.
Assumptions
➢ Utility Coordination will be performed by the City
➢ No specifications or bid schedule will be prepared.
➢ No additional field survey is necessary.
➢ Traffic Control Plans are not included
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EXHIBIT B
RATESCHEDULE
P S O M A S
Public Works
Fee Schedule
Effective June 1, 2005 — June 30, 2006
CLASSIFICATION RATE ($)
Principal -in- Charge
$160-$180
Project Manager
$145-$160
Project Engineer
$125-S150
Staff Engineer
$100-$130
CAD Designer
$ 85-$115
Administrative Assistant/Analyst
$ 60-$ 85
Expert Witness Testimony — two times normal rate
Hourly rates include direct labor, overhead, fringe benefits and fee.
REIMBURSABLE EXPENSES
Mileage for field travel is charged at.375/mile and parking expenses incurred by office
employees are charged at cost. Prints, messenger service, subsistence and other direct
expenses will be charged at cost plus ten percent. The services of outside consultants or
contractors will be charged at cost plus fifteen percent.
SPECIAL EQUIPMENT
Standard computer and technology costs are incorporated into the hourly rates shown above.
Survey and other specialty equipment will be charged at a per unit per day rate.
SIM fl $ 0S f0A I I
PROSE(2 MOB=ATION
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AIIAAAAC
ACCRA CERTIFICATE OF LIABILITY INSUR NCE
1231055
PRODUCER
Dealey, Renton & Associates
P. O. Box 10550
Santa Ana, CA 92711-0550
714 427 -6810
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
INSURED
PSOMAS
11444 West Olympic Blvd „Suite 750
West Los Angeles, CA 90064 -1549
INSURERA Hartford Fire Ins. Co.
INSURER a Travelers Property Casualty Co of Am
1 INSURER C: American Automobile Ins. Co.
NsuRER D: Great Amercan Assurance Co.
INSURER E:
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
TYPE OF INSURANCE
POLICY NUMBER
POLICYEFFECTIVE
POLICY EXPIRATION
LIMRS
A
GENERALLIABIUTY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
X CONTRACTUAL
57CESOA1659
INDP. CONTRACTORS
INCLUDED
10/15/04
10%15/05
EACH OCCURRENCE
$1000000
FIRE DAMAGE (My one fire)
$1000000
MED EXP(Any one person)
$10000
PERSONALSADVINJURV
$1000000
X
BFPD, XCU
GENERAL AGGREGATE
$2.000.000
GEN'L AGGREGATE
POLICY X
LIM IT APPLIES PER:
PRP X LOG
PRODUCTS -COMPIOPAGG
$2000000
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
P81015313892803
10/15/04
10/15/05
COMBINED SINGLE UMIT
$1,000,000
X
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA AOC
AUTO ONLY: AGG
$
$
EI(CEBB
LIABILITY
OCCUR F1 CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
S
AGGREGATE
$
$
$
C
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
WZP80925342
10115104
10/15/05
'X WC SIAM GTH-
EL EACH ACCIDENT
$11A00,000
E.L. DISEASE - FA EMPLOYEE
$1,000,000
E.L DISEASE -POLICY LIMIT
$1,000,000
D
OTHER Professional
Liability
EDN5850409
10/15/04
10/15105
$1,000,000 per claim
$1,000,000 annl aggr.
DESCRIPTION OF OPERATIONSILOCATONSNEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liab. policy excludes claims arising out of the performance of prof. services
2NEW060302, Balboa Village Improvement Plan
City of Newport Beach, Its elected or appointed officers, officials,
employees, agents and volunteers are Additional Insured as respects to
(See Attached Descriptions)
City of Newport Beach
Attn: Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92663
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WB.L=Fa9MUVMAIL10 — DAYSWRTTTEN
NOTICE TOTHE CERTIFICATE HOLDER NMI ED TOTHE LEFT, 01110011ILTAIUDIUMOUNWU
of #S135215/M113620 ry " -k-4LL G ACORD CORPORATION 1988
General and Auto Liability.
Primary and Non - Contributing coverage, Cross Liability coverage, Waiver of
Subrogation applies to GL. Waiver of Subrogation for WC Is included.
(GL- AVPR/CRS/SBGL/AI -AU/SU B/)O
AMU 25.3 (07187) 2 012 #51352115/M713620
n
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POLICY NUMBER: 57CESOA1659 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Newport Beach
Attn: Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92663
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work' for that insured by or for you.
Additional Insured Continued: its elected or appointed officers,
officials, employees, agents and volunteers
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
CG 20 10 11 85
POLICY NUMBER: P810153D892803 BUSINESS AUTOMOBILE LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED INSURED ENDORSEMENT (CA 20 48)
Name of Person(s) or Organization(s)
City of Newport Beach
Attn: Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92663
BUSINESS AUTO COVERAGE
Each person or organization indicated above is an "insured" for Liability Coverage, but only to
the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in SECTION II of the Coverage Form.
Additional Insured Continued: its elected or appointed officers,
officials, employees, agents and volunteers
CA20 48 07 97
0
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following 'attaching clause' needs to be completed only when this endorsement is Issued subsequent to preparation of the policy.)
This endorsement forms apart of Policy No. WZP80925342
Issued to: PSOMAS
By: American Automobile Ins. Co.
Premium (if any) TBD
We have a 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 2 -5% of the California workers compensation premium otherwise
due on such remuneration.
Person or Organization
City of Newport Beach
Attn: Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92663
WC 04 03 06
(Ed. 4-84)
Schedule
Job Description
Waiver Applies to: its elected or
appointed officers, officials,
employees, agents and volunteers
Countersigned by
Authorized Representative
,t
N05
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
C -�50-7 (;)
o0/100-%0
Agenda Item No
August 9, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Emmet Berkery
949 - 644 -3311
embpe @aol.com
SUBJECT: BALBOA VILLAGE IMPROVEMENT PLAN - PHASE 3, APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS
RECOMMENDATION:
Approve a Professional Services Agreement with PSOMAS of Costa Mesa, California,
for design services for the Balboa Village Improvement Plan — Phase 3 at a not to
exceed contract price of $75,000 and authorize the Mayor and City Clerk to execute the .
Agreement.
DISCUSSION:
PSOMAS prepared the construction documents for the complete Balboa Village Project
(Phases 1, 2 and 3). The initial contract for the design was awarded May 23, 2000, for
a fee of $493,131.
Phase 1 construction was completed in May 2002 and included the Balboa Pier parking
lot, pier plaza, Main Street connection from the A Street parking lot, Balboa Boulevard
(Adams Street to Main Street), and storm drain facilities, and water main in Balboa
Boulevard.
Phase 2 construction concluded in June 2003 and included construction of the
Oceanfront boardwalk and median area, and street improvements for Palm Street and
Washington Street from Oceanfront to Balboa Boulevard and Main Street from
Oceanfront to Bay Avenue.
For the Phase 3 project, PSOMAS will revise the drawings to incorporate cost reduction
concept changes on Bay Avenue. The scope of PSOMAS' professional services will
include design revisions to the improvement drawings for.
1. Bay Avenue (Main Street to Palm Street),
2. Palm Street (Balboa Boulevard to Edgewater),
3. Washington Street (Balboa Boulevard to Edgewater),
4. Balboa Boulevard (Main Street to A Street), and
5. Storm drain system in Palm Street and in Bay Avenue.
SUBJECT: Balboa Village tin ent Plan — Phase 3, Approval of Professional Se Agreement with PSOMAS
August 9, 2005
Page 2
PSOMAS has also included construction support services and record drawing
preparation in their proposal.
City Staff will be preparing the specification and bid package, revising the landscape
and irrigation, traffic control, signing and striping and street light drawings as the
revisions to these drawings are relatively minor.
Funding Availability'
There are sufficient funds available in the following account for the project:
Account Description Account Number Amount
CDBG 7161- C5100543 $75,000.00
Environmental Review:
The Mitigated Negative Declaration for the entire Balboa Village Improvement Project
was completed in 2001.
Prepared by: Submitted by:
Emmet Berkft, P.E. Steph6n G. Badum
Project Manager P61Ac Works Director
Attachment: Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT WITH
PSOMAS FOR ENGINEERING DESIGN WORK FOR
PHASE 3 OF THE BALBOA VILLAGE IMPROVEMENT PLAN
THIS AGREEMENT is made and entered into as of this _ day of August, 2005, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and
PSOMAS, a California corporation, whose local address is 3187 Red Hill Avenue, Suite
250, Costa Mesa, CA 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. PSOMAS is a Los Angeles -based engineering consulting firm that offers services
in planning, land development, and transportation engineering.
C. In 2000, the City initiated an improvement program for Balboa Village that was
designed to promote pedestrian use and improve traffic circulation in the area
(hereinafter referred to as the "Balboa Village Improvement Plan" or "Plan ").
D. In May 2000, City hired PSOMAS to prepare the design and construction
documents for the first three phases of the Balboa Village Improvement Plan.
The original contract with PSOMAS was for $493,131, and six amendments were
executed, the last of which expired on December 31, 2003. As of June 2003,
construction of Phases 1 and 2 of the Balboa Village Improvement Plan was
complete. City now desires to begin construction of Phase 3 of the Plan.
E. To this end, City desires that PSOMAS revise some of its design drawings for
Phase 3 and prepare additional drawings, if necessary, to incorporate concept
changes and cost reduction measures for the Plan. The work will include design
revisions to the following improvement drawings: (1) Bay Avenue (Main Street to
Palm Street), (2) Palm Street (Balboa Boulevard to Edgewater), (3) Washington
Street (Balboa Boulevard to Edgewater), (4) Balboa Boulevard (Main Street to A
Street), and (5) the storm drain system on Bay Avenue.
F. City desires to engage Consultant to provide these services, which are more fully
described on Exhabit A ( "Project').
G. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
H. The principal member of Consultant for purposes of Project, shall be Tom
Herbell, P.E., Vice President.
City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
0 0
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 31" 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
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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 Fee Schedule
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 exceed
Seventy -Five Thousand Dollars and no /100 ($75,000) without additional
4
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. Approved reproduction charges.
B. 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 Fee Schedule
as set forth in Exhibit B.
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 Tom Herbell 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 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.
3
6. ADMINISTRATION
0
This Agreement will be administered by the Public Works Department. Bill
Patapoff 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
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
0
• •
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
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
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9
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. Sionature. 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.
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
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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.
ii. 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
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.
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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
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization 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
93
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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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City `As- Built'
drawings, and 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
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
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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.
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.
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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: Bill Patapoff, City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949- 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Mr. Tom Herbell, P.E., Vice President
PSOMAS
3187 Red Hill Avenue, Suite 250
Costa Mesa, CA 92626
Phone: 714 - 751 -7373
Fax: 714- 545 -8883
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
is
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 party 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
0
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.
[SIGNATURES ON FOLLOWING PAGE]
13
APPROVED AS TO FORM:
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
CONSULTANT: PSOMAS, INC.
(Corporate Officer)
Title:
Print Name:
92
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Fee Schedule
[F:Users\PBWlAgreements\FY 05 -06TSOMAS- Balboa Village III]
14
P S O M A S
EXHIBIT A
BALBOA VILLAGE PHASE 3 PLAN REVISIONS
SCOPE OF WORK
SCOPE OF WORK AND ASSUMPTIONS
The scope of work is based upon the Status Report (no date) provided to Psomas and after
subsequent conversations with Emmet Berkery the City's project manager. From review of
the Status Report the work generally involves curb, gutter, sidewalk and asphalt overlay for
the following streets:
• Palm Street from Balboa Boulevard to Edgewater
• Washington Street from Balboa Boulevard to Edgewater
• Bay Avenue from Pahn Street to Main Street
• Balboa Boulevard sidewalk between Main Street and A Street
The work is anticipated to involve the revisions to the road sheets as follows:
• Palm: 2,3,10,22,30
• Washington: 12,23
• Bay: 7,21
• Balboa Boulevard: 5,6
Psomas will be providing revisions to the street plans and details only. The City will provide
all other plan revisions and coordination that may be necessary such as striping, odor control
and landscape plans.
For purposes of this contract, drawing preparation shall be construed to mean modification to
previously prepared drawings to incorporate pertinent design revisions as well as new
drawings as needed to add existing details.
1. Review previously prepared construction drawings. Conduct site visits.
2. Attend (10) ten hours of meetings at City Hall.
3. Bi- weekly progress meetings will be held at Psomas offices with City's project
manager.
4. Prepare plan and profiles for four catch basins and laterals at Bay Avenue and
Washington Street. For purposes of this contract plan preparation shall construed to
mean modification to previously prepared drawings to incorporate pertinent design
revisions.
5. Prepare and plan and profile for a catch basin and lateral at northeast quadrant at Palm
Street and Bay Avenue to tie into existing catch basin at Pahn Street and Edgewater.
P S O M A S
6. Prepare improvement drawing for Bay Avenue including two new catch basins and
laterals, new curb, gutter and sidewalk (to match existing grades), AC overlay, and
ADA ramps.
7. Prepare improvement drawing for Palm Street (Balboa Boulevard to Bay Avenue)
including new curb, gutter and sidewalk (to match existing grades), alley approach,
driveway approach, AC overlay, and ADA ramps.
8. Prepare improvement drawing for Palm Street (Bay Avenue to Edgewater) including
new sidewalk (to match existing grades) and revising bulb -out at northeast comer.
9. Prepare improvement drawing for Washington Street (Balboa Boulevard to Bay
Avenue) including new curb, gutter and sidewalk (to match existing grades at back of
sidewalk), new crowned pavement section (type to be determined by City) and a ADA
ramp (southwest quadrant). Eliminate tree wells as directed.
10. Review improvement drawing for Washington Street (Bay Avenue to Edgewater) and
as needed, adjust grades at Bay Avenue intersection, modify bulb -out, change
pavement material as directed, and eliminate tree wells as directed.
11. Prepare improvement drawing for Balboa Boulevard (Main Street to A Street)
including new decorative sidewalk within the existing parkway (to match existing
grades at back of sidewalk) and modification of tree well locations.
12. Revise design for Washington Street Restroom parking lot based upon site plan to be
provided by City.
13. Revise the demolition and horizontal control drawings as needed to be consistent with
the improvement drawings.
14. Revise the title sheet, construction note sheets, and detail sheets to be specific to
Phase 3 construction. Renumber construction notes for consistency. Renumber Phase
3 sheets.
15. Plot location of utility conduits per underground district drawings to be provided by
City.
16. Review contract special provision prepared by City.
17. Prepare quantity and cost estimate with backup calculations.
18. Provide construction review services (RFI's, etc) — estimated at 40 hours.
19. Prepare record drawings incorporating field changes.
Assumnfions
➢ Utility Coordination will be performed by the City
➢ No specifications or bid schedule will be prepared.
➢ No additional field survey is necessary.
Traffic Control Plans are not included
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P S O M A S
EXHIBIT B_
P S O M A S
Public Works
Fee Schedule
Effective June 1, 2005 — June 30, 2006
CLASSIFICATION
Principal -in- Charge
Project Manager
Project Engineer
Staff Engineer
CAD Designer
Administrative Assistant/Analyst
Expert Witness Testimony — two times normal rate
RATE
Hourly rates include direct labor, overhead, fringe benefits and fee.
REIMBURSABLE EXPENSES
$160 -$180
S145-$160
$125 -$150
$100-$130
$ 85 -$115
$ 60 -$ 85
Mileage for field travel is charged at.375/mile and parking expenses incurred by office
employees are charged at cost. Prints, messenger service, subsistence and other direct
expenses will be charged at cost plus ten percent. The services of outside consultants or
contractors will be charged at cost plus fifteen percent.
SPECIAL EQUIPMENT
Standard computer and technology costs are incorporated into the hourly rates shown above.
Survey and other specialty equipment will be charged at a per unit per day rate.
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3 5,920
5 -
5 5.920
STREET
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f 23.910
5
fr 25.920
P4EpARF.1TOM1 DRAfY PIAVS
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S 1).200
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5 11.?00
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5 52110
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32
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3 5I20
5
5 5.120
SL'BMOTALSTO CITY
6
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f 2.520
1
5 2.220
SUBTOTAL
28
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236
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Z 55.960
S
1 55.940
14EEIINGSI0OOROINATION
•'-
HIWISMLYCOORUR +ATION Al ItibMAS
40
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ID
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5 1,61p
SUBTOTAL
40
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-S S."D0
5
3 SoW
CONSTRUCTION SUPPORT SERVICES
CONSTRUCTION SUmRT(REVRW RFIS LT &)
10
20
C.In,�';
3 6900
5
5 4,900
M- PAREAS- SCILTSRECORDDRAWINGS
i
10
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S 5.290
S
5 1.190
SUBTOTAL
30
34
1 2.190
$ -
$ 3,990
PROJEOTTOTALS
112
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3
$ 10.160
REIMBURSABLES
S 4330
iOTALFEE
S 75.000
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