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HomeMy WebLinkAboutC-3661 - PSA - Pacific Coast Highway Parkway Improvements from Morning Canyon Road to Cameo Shores Road+ f 0 Aw PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING FOR DESIGN OF PACIFIC COAST HIGHWAY PARKWAY IMPROVEMENTS THIS AGREEMENT, entered into this L�vday of , 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Penco Engineering, Inc., whose address is One Technology Park, Building J -725, Irvine, California, 92618, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to design parkway improvements along Pacific Coast Highway from Morning Canyon Road to Cameo Shores Road. C. City desires to engage Consultant to prepare plans and specifications for said parkway improvements (hereinafter referred to as "Project") as outlined in the Scope of Services attached hereto as Exhibit "A" and upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of this Project is George A. Jurica, P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated, the expertise of Consultant, and desires to contract with Consultant under the terns and conditions provided in this Agreement. -1- 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 12th day of August, 2003, and shall terminate on the 31st day of August, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing' rates set forth in Exhibit 'B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Thirty Nine Thousand Six Hundred Twenty Nine Dollars ($39,629). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City. -2- 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type -3- cellular /direct connect unit to communicate with City Staff, consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be . responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to fumish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in M1 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Carlos Pineda, P.E. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit 'B ", whether or not considered to be key personnel, without City s prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously fumish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. B. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall diligently perform the services to completion in a timely manner. The failure by Consultant to do so may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. &.I 0 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, M • • damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers compensation and errors and omissions insurance, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insureds for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact the 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 Bests Key -7- 0 0 Rating guide. Unless otherwise approved by the City Risk Manager, the following policies are required: A. Worker's compensation insurance, including a 'Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non- contributory wording), covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit • • instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and, void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document 19 • • reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. All improvement/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 3 mils. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). 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 speck written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one -10- 0 � ] copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute -11- E 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 designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. -12- 0 0 Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultants violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Lloyd Dalton, P.E. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: (949) 644 -3328 Fax: (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Carlos Pineda, P.E. Penco Engineering, Inc. One Technology Park, Building J -725 Irvine, CA 92618 Phone: (949) 753 -8111 Fax: (949) 753 -0775 -13- 0 0 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or -14- • • nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to the City in the version of AutoCAD used by the 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 -15- 0 0 City Title Sheets. All written documents shall be transmitted to the City in the City s latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: i CityAttomey ATTEST: B City Clerk CITY OF NEWPORT BEACH A Municipal Corporation ,-) Mayor PENCO ENGINEERI By: ` eorge PKjurica, Print Name: 6y -se ' 147 • `% Jal C1,9 f luserslpbwlsharedlagreements* 03- 041penco -pch widening -081203.doc -16- PENCO Enginwffig, Inc. • Civil Engineering Plat Wing Surveying Construction Management July 16, 2003 PN: 00711.00 Mr. Lloyd Dalton, P.E. Design Engineer City of Newport Beach - Public Works 3300 Newport Boulevard Newport Beach, CA 92658 RE: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES PCH WIDENING FROM MORNING CANYON RD. TO CAMEO SHORES RD. ;(CONTRACT NO. 3435). Dear Lloyd: We are pleased to provide you with our revised proposal to provide plans, specifications, and cost estimates for the Pacific Coast Highway widening project Per your letter dated June 30, 2003, we have revised our original,proposal to include the following. • 'A slough wall will be designed and built at the back of the sidewalk within the State R /W, in lieu of building a: retaining wall that-would zigzag across the R %W.line to preserve 13 City -gwned eucalyptus trees • _ We are'assuming that the City will provide any additional topo. that is needed • We will obtain the encroachment permit from Caltrans We are ready to begin work on your project immediately. We assume that the .project schedule will be finalized following the kick -off meeting. Please do not hesitate to call me at (949) 753 -8111 or reach me via e -mail at cpinedaftencoen,g com if you have any questions regarding this proposal. Sincerest Regards, P NCO.Engineerin , Inc. Carlos Pineda, P. , Director of Public Works Engineering r \zaas \ami.ao- ecHw;da.,g \xe.�a c� kuerdx EXHIBIT A One Terhnnlnw Park RiiUina l_77s 136.. -.... mnm Ice 01 1 Effective January 1, 2003 through December 31, 2003 PERSONNEL HOURLY RATE Principal $165.00 Senior Project Manager $150.00 Project Manager $135.00 Senior Project Engineer $127.00 Project Engineer $112.00 Senior Design Engineer $100.00 Design Engineer $ 88.00 Associate Engineer $ 77.00 Engineering Technician $ 71.00 Project Assistant $ 75.00 Senior Project Surveyor $126.00 Project Surveyor $107.00 Senior Survey Technician $ 87.00 Survey Technician $ 76.00 3-Man Survey Crew $ 240.00 2 -Man Survey Crew $185.00 2 -Man Survey Crew w/ GPS $ 223.00 REIMBURSABLE COSTS Reproductions; deliveries; travel; meals and lodging; facsimiles, models, renderings and photos; mylars; and diskettes, not included in the scope of work. • All reimbursable costs shall be billed at 15% markup. • Mileage shall be billed at $0.42 /mile (office staff only). • All accounts are due net 30 days from the date of invoice. • Outstanding accounts shall be charged 1.0% per month. EXHIBIT B COMPENSATION FOR SERVICES - ENGINEERING PCH WIDENING (MORNING CANYON ROAD TO FOR: CAMEO SHORES ROAD) PN #: 00711.00 DATE: 7/15/2003 Revised Fee Proposal E E FOR: COMPENSATION FOR SERVICES - EN'G:INEERING PCH WIDENING (MORNING CANYON ROAD -1'0 CAMEO SHORES ROAD) PN #: 00711.00 DATE: 7/15/2003 Fee Proposal a' E 11 TOTAL $39,629 Reimbursable Budget -(Per Attached FEE Schedule) $3,963 CEOTECHNICALSERVICES 1 11 1 1 1 1 1 1 1 1 1 1 4000 12 $5,620 TWO (2) EXHIBITS FOR HOA MEETINGS 2 8 10 $1,166 ATTEND HOA MEETING (EACH) 5 5 $675 TWO (2) EXHIBITS FOR CAL.TRANS MEETINGS 2 8 10 .61,166 - TOTALS 0 21. 0 16 0 0 0 0 0 0 0 4000 37 $8,627 °ee Proposal CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 August 12, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. 949 - 6443328 Idalton @city.newport- beach.ca.us SUBJECT: PACIFIC COAST HIGHWAY PARKWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING, INC. RECOMMENDATION: Approve a Professional Services Agreement with Penco Engineering, Inc., for $39,629, and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: The current budget contains an appropriation of $203,000 to design and construct parkway improvements along the southerly side of Pacific Coast Highway adjacent to Cameo Shores. Such improvements already exist along the southerly side of PCH at all locations within the City except adjacent to Shorecliffs and Cameo Shores, where pedestrians, joggers, cyclists, etc., now must travel along the edge of pavement. The proposed improvements include sidewalk, curb and gutter, and a slough wall adjacent to Cameo Shores. Landscape improvements adjacent to Cameo Shores may be built in a future cooperative project funded by the City and the Cameo Shores Association. Two years ago, firms were invited to submit proposals to provide engineering services for the parkway improvements. Staff highly ranked Penco Engineering, Inc., a civil engineering firm located in Irvine. Staff successfully negotiated services and fees with Penco, but held up the contract because of Caltrans' pending relinquishment of PCH to the City. With a decision regarding the relinquishment to be made soon, the City has again asked Penco to provide the engineering services. They propose to provide all of the necessary services (including obtaining the Caltrans encroachment permit if necessary, but not the Coastal permit) for a fee of $39,629. Staff will process the Coastal permit. See attached copy of their July 16, 2003 proposal. SUBJECT: Pacific Coast F igt rkway Improvements from Morning Canyon Roa0ameo Shores Road — Approval of Professional Services greement August 12, 2003 Page 2 Staff recommends that the City award the.design contract to Penco Engineering, Inc. Assuming no unforeseen delays, Penco may begin design in September, staff may apply for the Coastal permit in February of 2004, and construction could commence next summer. Environmental Review: Not applicable at this time. Funding Availabilitv: Funds to award these design services are budgeted in the following account: Account Description Account Number Amount East Coast Highway Parkway Improvements between 7261- C5100650 $39,629 Morning Canyon Road and Cameo Shores Road Prepared by: �. r, alton, ;esign Engineer Submitted by: Attachment: Location Map Southbound Section of PCH Professional Services Agreement a I P.L. TYPICAL LOCATION OF APPROX, 13 MATURE EUCALYPTUS TREE TRUNKS (TO REMAIN) PCH R I w 50' 5' ( PARCEL) 6 1 36' s' 32' 6' 4' I HAMPDEN ROAD MED EX. WOODEN FENCE (& BLOCK RETAINING 2' 2 8 WALL SOME LOCATIONS) TO REMAIN w 2 I ii Y 1 I u W I -- _ _ _ _ _ EX. CURB & GUTTER TO REMAIN PROPOSED SLOUGH WALL PROPOSED CURB, GUTTER, SIDEWALK AND PAVEMENT SOUTHBOUND PACIFIC COAST HIGHWAY FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD 1 INCH = 10 FEET PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING FOR PACIFIC COAST HIGHWAY PARKWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD THIS AGREEMENT, entered into this day of , 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Penco Engineering, Inc., whose address is One Technology Park, Building J -725, Irvine, California, 92618, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to design parkway improvements along Pacific Coast Highway from Morning Canyon Road to Cameo Shores Road. C. City desires to engage Consultant to prepare plans and specifications for said parkway improvements (hereinafter referred to as "Project ") as outlined in the Scope of Services attached hereto as Exhibit "A" and upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of this Project is George A. Jurica, P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided -1- • 0 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 12th day of August, 2003, and shall terminate on the 31st day of August, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit °B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Thirty Nine Thousand Six Hundred Twenty Nine Dollars ($39,629). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City. -2- 0 0 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit 'B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type -3- 0 0 cellularldirect connect unit. to communicate with City Staff consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the tem.of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in 0 r the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Carlos Pineda, P.E. to be its Project . Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously fumish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. -5- 0 • 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. Consultant is responsible to keep the Project Administrator informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, • 0 damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers compensation and errors and omissions insurance, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insureds for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact the 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 Bests Key Ise 0 0 Rating guide. Unless otherwise approved by the City Risk Manager, the following policies are required: A. Worker's compensation insurance, including a 'Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non- contributory wording), covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit H • • instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any 9eneral partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership orjoint - venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document 51'' reproduced, prepared or-caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. All improvement/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 3 mils. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one -10- 0 0 copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be cle" identifiable. Consultant shall allow a representative of City during normal business hGurs to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period. of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute -11- E 0 with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. -12- • • Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Lloyd Dalton, P.E. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: (949) 644 -3328 Fax: (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Carlos Pineda, P.E. Penco Engineering, Inc. One Technology Park, Building J -725 Irvine, CA 92618 Phone: (949) 753 -8111 Fax: (949) 753 -0775 -13- 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or -14- nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELNERABLES CADD data delivered to City shall include the professional stamp of the engineer in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to the City in the version of AutoCAD used by the 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 -15- 0 0 City Title Sheets.. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Steven Bromberg Mayor PENCO ENGINEERING, INC. By: George A. Jurica, P.E. Principal Print Name: f luserslpbwlshamdlagreementslfy 03- GAPenco -pch widening- 081203.dcc -16- PENCO EnginAg, Inc. • Civil Engineering Planning Surveying Construction Management July 16, 2003 PN. 00711.00 Mr. Lloyd Dalton, P.E. Design Engineer City of Newport Beach - Public Works 3300 Newport Boulevard Newport Beach, CA 92658 'RE. PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES PCH WIDENING FROM MORNING CANYON RD. TO CAMEO SHORES RD. (CONTRACT NO. 3435). Dear Lloyd: We are pleased to provide you with our revised proposal to provide plans, specifications, and cost estimates for.the Pacific Coast Highway widening project Per your letter dated June 30, 2003, we have revised our original, proposal to include the following- A slough wall will be designed and built at the back of the sidewalk within the State R /W, in lieu of building a, retaining wall that would zigzag across the R %W, line to preserve 13 City - owned eucalyptus trees We are-assuming that the City will provide any additional topo that is needed ■ We will obtain the encroachment permit from Caltrans We are ready to begin work on your project immediately. We assume that the project schedule will be finalized following the kick -off meeting. Please do not hesitate to call me at (949) 753 -8111 or reach me via e-mail atc.pineda@pei-Lcoeng.com if you have any questions regarding this proposal. Sincerest Regards, P CO.Engineenn , Inc. Carlos PinRP. Director of Public Works Engineering EXHIBIT A One Technoloet, Park. Buildine 1-725. Wne 4 ?rJ P (OAM 751_01 (oaC) ?�,. m7s PCNCO L' ighweriag, bee. Effective January 1, 2003 through December 31, 2003 PERSONNEL HOURLY RATE Principal $165.00 Senior Project Manager $150.00 Project Manager $135.00 Senior Project Engineer $127.00 Project Engineer $112.00 Senior Design Engineer $100.00 Design Engineer $ 88.00 Associate Engineer $ 77.00 Engineering Technician $ 71.00 Project Assistant $ 75.00 Senior Project Surveyor $126.00 Project Surveyor $107.00 Senior Survey Technician $ 87.00 Survey Technician $ 76.00 3 -Man Survey Crew $ 240.00 2 -Man Survey Crew $185.00 2-Man Survey Crew w/ GPS $ 223.00 REIMBURSABLE COSTS Reproductions; deliveries; travel, meals and lodging; facsimiles; models, renderings and photos; mylars; and diskettes, not included in the scope of work. • All reimbursable costs shall be billed at 15% markup. • Mileage shall be billed at $0.42 /mile (office staff only). • All accounts are due net 30 days from the date of invoice. • Outstanding accounts shall be charged 1.0% per month. EXHIBIT B COMPENSATION FOR SERVICES - ENGINEERING PCH WIDENING (MORNING CANYON ROAD TO FOR: CAMEO SHORES ROAD) PN #: 00711.00 DATE: 7/15/2003 Revised Fes, Proposal 0 0 1. RECEIVE CITY TOPOGRAPHIC SURVEY 2 2 $224 2. PROJECT KICK -OFF MEETING 2 4 1 7 $945 3. PREPARE TOPOGRAPHIC BASE MAP 1 4 5 $487 4. SITE REVIEW W /TOPOGRAPHIC BASE MAP 4 4 8 $940 5. REQUEST ANY ADDITIONAL TOPOGRAPHIC SURVEYS 1 1 $135 6. RECEIVE ADDITIONAL TOPOGRAPHIC DATA 1 1 $135 7. FINALIZE BASE MAPPING FOR DESIGN 1 1 1 4 1 1 5 $487 8. PREPARE TITLE SHEET (1SHEET) 1 1 8 8 $800 9. PREPARE DEMOLITION PLAN (1 SHEET) 4 12 16 $1,740 10. PREPARE PLAN AND PROFILE SHEETS (2 SHEETS) 1 8 48 57 . $6,045 11. PREPARE SLOUGH WALL PLAN (1 SHEET) 2 4 4 10 - $1,070 12. PREPARE SLOUGH WALL PROFILE (1 SHEET) 2 4 4 30 $1,070 13. PREPARE DETAIL SHEET (I SHEET) 4 24 28 $3,228 14. PREPARE PRELIMINARY TECHNICAL SPECIFICATIONS 1 16 8 25 $21925 15. PREPARE PRELIMINARY ENGINEER'S COST ESTIMATE 1 4 8 13 $1,505 16. SUBMiT PRELIMINARY DESIGN TO CITY FOR REVIEW TOTALS 1 1 $135 5 53 0 34 80 16 0 0 9 0 0 0 197 521,871 Revised Fes, Proposal 0 0 TOTAL $39,629 Reimbursable Budget - (Per Attacked FEE Schedule) $3,963 0 GEOTECHNICAL SERVICES 12 1. PRELIMINARY DESIGN REVIEW MEETING W /CITY 4 8 10 $1,166 4 ATTEND HOA MEETING (EACH) 5 5 $675 TWO (2) EXHIBITS FOR CALTRANS MEETINGS 2 8 SUB HRS. 8 TOTALFF. $940 16 0 0 0 0 0 0 0 1 4000 37 $8,627 2. FINALIZE TITLE SHEET (1 SHEET) 1 4 5 $535 3. FINALIZE DEMOLITION PLAN (1 SHEET) 2 8 10 $1,070 4. FINALIZE PLAN AND PROFILE SHEETS (2 SHEETS) 4 12 16 $1,740 5. FINALIZE SLOUGH WALL PLAN (1 SHEET) 4 2 6 $764 6. FINALIZE SLOUGH WALL PROFILE (1 SHEET) 4 2 6 $764 7. FINALIZE DETAIL SHEET (1 SHEET) 4 12 16 $1,740 8. PREPARE FINAL TECHNICAL SPECIFICATIONS 8 7 15 $1,605 9. PREPARE FINAL ENGINEER'S COST ESTIMATE 2 8 10 $1,070 10. SUBMIT FINAL DESIGN TO CITY FOR REVIEW 2 2 $270 11. RECEIVE FINAL DESIGN REVIEW COMMENTS 2 2 $270 12. UPDATE FINAL DESIGN PACKAGE 4 12 16 $1,740 13. SUBMIT FINAL PACKAGE TO CITY 2 _ 2 $270 14. PROCESS FINAL PACKAGE THROUGH CALTRANS 1 12 30 42 - $4,980 TOTALS 0 55 0 34 60 0 0 0 Tt- 7 0 0 0 156 $17,758 TOTAL $39,629 Reimbursable Budget - (Per Attacked FEE Schedule) $3,963 0 GEOTECHNICAL SERVICES 12 4000 12 $5,620 TWO (2) EXHIBITS FOR HOA MEETINGS 2 8 10 $1,166 ATTEND HOA MEETING (EACH) 5 5 $675 TWO (2) EXHIBITS FOR CALTRANS MEETINGS 2 8 10 $1,166 TOTALS 0 21 0 16 0 0 0 0 0 0 0 1 4000 37 $8,627 ReWsed Fee Proposal