HomeMy WebLinkAboutC-3673(K) - PSA for On-Call Engineering Services0
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
CIVIL WORKS ENGINEERS, INC. FOR
ON -CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City"), and CIVIL WORKS ENGINEERS, INC., a California corporation
whose address is 3151 Airway Avenue, Suite S -2, Costa Mesa, California 92626
( "Consultant "), and is made with reference to the following:
RECITALS
A. On June 26, 2007, City and Consultant entered into an On -Call Professional
Services Agreement, hereinafter referred to as "AGREEMENT" for engineering
services to assist the City in executing its fiscal year 07108 and 08109 Capital
Improvement Program.
B. City desires to enter into this AMENDMENT NO. ONE to reflect additional
engineering services for the fiscal year 09/10 and 10/11 Capital Improvement
Program, extend the term of the Agreement, amend the billing rates and
increase the maximum fees allowable per Letter Proposal.
C. City and Consultant mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. ONE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to March 31, 2011.
2. 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, the Agreement dated
and approved by City Council on June 26, 2007, attached hereto as Exhibit A
and incorporated herein, the provisions of AMENDMENT NO. ONE, and the
amended billing rates, attached hereto as Exhibit B and incorporated herein.
No rate changes shall be made during the term of AMENDMENT NO. ONE
without the prior written approval of the City. Consultant's compensation for
services performed, in accordance with AMENDMENT NO. ONE, including all
reimbursable items and subconsultant fees, shall not exceed the fees identified
in the Letter Proposal, as approved by the Contract Administrator. Any Letter
Proposal that sets forth fees in excess of Fifty Thousand Dollars and 00/100
($50,000.00), per on-call project, shall require a separate Professional Services
Agreement approved per Council Policy F-14.
3. ADMINISTRATION
AMENDMENT NO. ONE shall be administered by the Public Works Department.
Dave Webb shall be the Project Administrator and shall have the authority to act
for the 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.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms and covenants
set forth in the AGREEMENT shall remain unchanged and shall be in full force
and effect.
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: /X_� _.'�
ne D. eauamp,
Assistant City Att rney
for the City of Newport Beach
CITY OF�WPORT BEACH
A Munie'aal CorDdration
Edwa'Fd D. Selich,
Mayor
for the City of Newport Beach
ATTEST: / )OC y CIVIL WORKS ENGINEERS, INC.:
�lJ
By:/—
j eilani Brown, - Marie Marston, P.E.
City Clerk Wpo' President and Treasurer
for the City of Newport Beach
o �
Attachments: Exhibit A — Professional Services Agreement
Exhibit B — Amended Schedule of Billing Rates
E
EXHIBIT A
EXHIBIT B
}
PROFESSIONAL SERVICES AGREEMENT WITH
CIVIL WORKS ENGINEERS FOR ON -CALL
ENGINEERING SERVICES .
THIS AGREEMENT is made and entered into as of this / VV ' day of
b,Y z , 2001 by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and CIVIL WORKS ENGINEERS, Inc., a California corporation,
whose address is 3151 Airway Avenue, Suite S -2, 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. City has a need for on -call assistance for engineering services related to the
proposed Fiscal Year 07108 and 08109 Capital Improvement Programs.
C. City desires to engage Consultant to perform on -call engineering services
throughout the City on an as need basis.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of this Agreement, shall be
Marie Marston, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th" day of June, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" engineering services as described in the
Statement of Qualifications attached as Exhibit "A." Upon verbal or written
request from the Contract Administrator, Consultant shall provide a letter
proposal for services requested by the City (hereinafter referred to as the "Letter
Proposal "). Thei-etter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Contract Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for a specific project, each party
hereby agrees to provide notice to the other party so that all delays can be
addressed.
3A Consultant shall submit all requests for extensions of time for
performance in writing to the Contract Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Contract 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 telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Contract Administrator. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
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 and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal 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 the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs andfor 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 a specific project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
R
5. CONTRACT MANAGER
Consultant shall designate a Contract Manager, who shall coordinate all phases
of the Agreement. This Contract Manager shall be available to City at all
reasonable times during the Agreement term. Consultant has designated Marie
Marston, P.E. to be its Contract Manager. Consultant shall not remove or
reassign the Contract Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to a specific 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 a specific 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 a specific project on a timely basis as contemplated by
this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Contract Administrator and shall have the authority
to act for City under this Agreement. The Contract 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 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
4
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all- applicable federal, state and
local laws and the professional standard of care.
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 permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of 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
sole negligence, 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.
5
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
Contract Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Contract.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Contract Administrator in advance of all critical decision
points in order to ensure the Contract proceeds in a manner consistent with City
goals and policies.
13. PROGRESS
Consultant is, responsible for keeping the Contract Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
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
W
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.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
2. 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.
3. 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
7
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.
4. 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:
1. 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.
2. 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.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. 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.
6. 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 (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
51
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 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
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon 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 contract. Any use of completed documents
for other contracts 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.
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 a specific project, for the completion of a
specific project by others, or for any other Contract, 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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. 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
10
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work 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 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.
23. 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with a specific
project.
25. 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 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.
11
26. NOTICES
All notices,. demands, requests or approvals to be given under the terms of 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:
Michael J. Sinacori
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3342
Fax: 949-644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
CIVIL WORKS ENGINEERS
3151 Airway Avenue, Suite S -2
Costa Mesa, CA 92626
Phone: (714) 966 -9060
Fax: (714) 966 -9085
27. 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 parry shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting 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 provision, 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 and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
12
28. 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, regulations and permit requirements and be
subject to approval of the Contract Administrator and City.
29. 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.
30. 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.
31. 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.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. 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.
34. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
13
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.
14
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
av z - e.— C &-,--
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
for the City of Newp Beach
ATTE�"W.oV-
CIVIL WORKS ENGINEERS:
VOM/ ti.
LaV n e are s, Marie Marston, P.E.
City Clerk
PRT Title: President
Print Name: M
By:
(Financial Officer)
Print Name: "fie i"' Af5*A
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
F:\users\cat\shared\ContractTemplatesPublishedon I ntranet\FORMOn Cal lAg reement. doc
15
Statement of
Qualifications
Prepared for:
City of Newport Beach
Public Works
Civil Works Engineers
3151 Airway Avenue Suite S-2
Costa Mesa, CA 92626
(714) 966-906o
June 2007
Civil Works Engineers
June 12, 2007
City of Newport Beach
Michael Sinacori, P.E.
Principal Civil Engineer
3300 Newport Boulevard
Newport Beach, CA 92658
Dear Mr. Sinacori:
Thank you for considering Civil Works Engineers for the City's on-call civil engineering contract.
We are happy to provide our attached Statement of Qualifications (SOQ) for further
consideration.
Civil Works Engineers has planned and designed a wide variety of public works infrastructure
projects including streets and freeways, drainage and storm water quality, as well as utilities and
grading for site improvements. We provide civil engineering services over this range of
disciplines at all levels of project development including initial planning, preliminary design
development, final design / construction documents, and construction engineering assistance.
Our SOQ contains representative information about our firm for your review. Please call if you
have any questions or if you would like additional information.
Sincerely,
Marie Marston, P.E.
President
3151 Airway Avenue, Suite S-2 • Costa Mesa, CA 92626
P. 714.966.9060 • f. 714.966.9085
Exhibit A
Description of Services
Civil Works Engineers
Description of Services Provided
Civil Works Engineers, Inc. is a professional civil engineering consulting firm providing a broad range of
planning and design services for transportation, drainage, and site civil projects.
Tra wsp0rtat'ow
Our transportation engineers are specialized in both freeway system facilities working with Caltrans and on
local street improvement projects working with municipalities and developers. Our staff has worked on
privately -funded Caltrans facilities improvements since 1983. Our projects range from simple road
rehabilitations to complex reconstruction of interchanges. We maintain proficiency in the always evolving 4 -
phase Caltrans project development process including Project Study Reports, Project Reports, Plans
Specifications and Estimates, and construction engineering services. We also have considerable experience
processing smaller state facility projects through the Caltrans encroachment permit process. In addition to the
more typical planning and design for transportation projects, we have assisted numerous clients with funding
assistance through research and preparation of funding applications at the local, state, and federal levels
including the HBRR program. Project and program management, cost estimating, and scheduling are
fundamental to these projects.
5Lte
Our site planning and design experience involves both public and private facilities including parks, office
buildings, hotels, parking structures, schools from K-12 and beyond, child care centers, retail centers, libraries,
and fire stations. We prepare the precise site grading and drainage design along with the appropriate utility
modifications and/or coordination for tie-ins from the offsite utility facility to the onsite new facility. This
includes water and sewer connections and coordination with electrical, phone, and gas systems. Our work
includes schematic design, design development, construction documents, and engineering assistance during
construction.
pra�waa�e
Our drainage experience includes complete project preparation from the project concept, evaluation of
drainage impacts and local parameters to the development of drainage plans followed by construction. Most
projects involve an increase in impervious area resulting in an increase in storm water flows. Subsequently, the
additional quantity, direction, and quality of flow must be evaluated to determine the appropriate means of
discharge and the most suitable best management practices (BMPs). We prepare hydrology and hydraulic
studies and reports, followed by implementation of the recommendations into final plans whether it consists of
modifications to existing systems or entirely new drainage systems. We also have extensive experience in
storm water handling including the preparation of Storm Water Data Reports as required by Caltrans, water
quality management plans for permanent BMPs after construction, and Storm Water Pollution Prevention Plans
(SWPPP) for temporary BMPs during construction.
Civil Works Engineers provides continuous client interaction to meet the project needs for schedule, funding,
and quality. We have maintained long-term clients over numerous years, demonstrating their satisfaction with
Civil Works Engineers' services.
Civil Works Engineers is a certified DBE/WBE/SBE
Section 2 - Local Staffing List
Marie Marston,-P.E. - Principal Engineer
Francois Zugmeyer, P.E. - Senior Engineer/ Drainage Engineer
David Grantham, P.E. - Civil Engineer / Utility Engineer
Alvaro Perez — Junior Engineer
Happi Loeb — Administrative Assistant
Section 3 - Advance Notice Reauirements
Time commitments ultimately depend on the scope assigned to us and our current backlog.
Fluctuations in workload are dependent on the timing of staff involvement, the current ongoing
activity of staff, the type and duration of proposed work assignment, and correspondingly the
personnel assigned (whether technical design or agency review /assistance), etc.
Although all of our proposed staff members are currently committed to other projects as would
be expected for any active consulting business, at this time, many of our projects are in
construction or are winding down affording us the ability to take on additional work.
If the City selects us for this on -call work, when the City contacts us with a specific project, we
will assess our workload and staffing capability at that time along with the City's project and
schedule requirements. We will inform the City if we can take on the project within our current
workload.
We have performed work for clients with design fees of a few thousand dollars to well over
$500,000. The expected effort for the City's proposed project and the desired schedule will
ultimately play the role in determining if we can take the project on. For our small firm, our
reputation is highly dependent upon delivery of a quality product within the expected time frame.
As such, we will be honest with the City of our ability to perform.
MARIE MARSTON, P.E.
PRINCIPAL ENGINEER
CMI Wwla Engi imm '
EDUCATION
B.S., 1980, Civil Engineering, Oregon State University
M.B.A., 1988, University of California, Irvine
PROFESSIONAL DATA
Registered Professional Engineer in California ( #38798, 1984)
PROFESSIONAL AFFILIATIONS
Women's Transportation Seminar - OC President 2004.05, OC Treasurer 2001 -03, Member
American Society of Civil Engineers - Member, 1998 Chair of OC Transportation Tech Group
American Public Works Association - Member
Newport Beach Arts Foundation - President, Past Treasurer
EXPERIENCE OVERVIEW
Marie Marston, P.E., principal of Civil Works Engineers, Inc., has 27 years of professional civil engineering
experience. Her experience includes general infrastructure and public works improvement projects such as
transportation including streets and freeways, site improvements for commercial and public facilities, hydrology
and storm drains, right -of -way engineering, utility modifications, grading, retaining walls, as well as providing
funding applications assistance. Her experience covers projects from inception to completion including project
and program management, planning, design, and construction. She has experience in working with both the
public and private sector including cities, counties, state agencies, federal agencies, school districts,
universities, developers, and architects /engineers.
PROJECT EXPERIENCE
21st Street Improvements, City of Newport Beach. Project Manager for design for the widening of 215` Street
between Balboa Boulevard and Court Street. The purpose of the project was to provide two -way traffic (to an
existing one -way street). The project also involved traffic signal modification, landscaping, and reconfiguration
to the McFadden Place parking lot. Modifications included reconfiguration of the parking stalls, relocation of
the entrance and exit, and drainage. Although the size of the parking lot decreased due to the street widening,
the project was required to maintain the same number of parking stalls. Project site is under the jurisdiction of
both the City of Newport Beach and the California Coastal Commission. A permit was required from the
Coastal Commission prior to starting constriction. The project completed construction prior to the busy
summer season of 2004 for a cost of $300,000.
Mesa Drive f Irvine Avenue Intersection, City of Newport Beach, County of Orange. Prolect Manager.
Prepared alignment study, several conceptual alternatives, and the final design for intersection improvements
to provide dual westbound left turn lanes from westbound Mesa Drive to southbound Irvine Avenue. Project
Involved restriping Mesa Drive east of Irvine Avenue and widening Mesa Drive west of Irvine Avenue. Street
widening required retaining walls and the acquisition of right -of -way. Project will be included with County of
Orange Irvine Avenue Widening Project.
Mariners Village Improvements, City of Newport Beach, Caltrans District 12. Project Manager. City
previously developed an overall four -phase concept plan for Mariners Village improvements consisting of
landscaping, hardscape aesthetics, and traffic calming. Phase 1 included the proposed landscaping amenities
along Coast Highway. This project involved the planting of 22 - 30 foot high Washingtonia Robusta palm
trees along the north side of Coast Highway from Riverside Drive to south of Tustin Avenue. Due to the
limited public right of way, some of the trees were planted within private property. Project involved
replacement of sidewalk to provide space for the trees and to place the irrigation line, relocation of traffic signal
conduit, planting of trees and shrub, permanent easements from 9 property owners, and thorough utility
investigation. Construction was completed in February 2004 at a cost of $250,000.
Corona del Mar State Beach, RobbinsJorgensenChristopher, City of Newport Beach. Project Manager. The
project included demolition of existing bathroom facilities and concession buildings, reconstruction of the
entrance, ticket booth and associated landscaped Islands, curb and sidewalk, two new bathroom facilities, a
new concession building with lifeguard facilities, and hardscape between the existing back of curb and
proposed perimeter seating wall. Provided civil engineering services related to the above tasks including
grading, drainage, curb & gutter, utilities and coordination with the architect.
Crean Mariners Branch Library, Thirtieth Street Architects, City of Newport Beach. Proiect Manager.
Project involved the preparation of preliminary data for use in a funding application, prepared by the architect,
for library expansion. Prepared a site survey, an ALTA, utility investigation and composite plan, and a
preliminary layout of the revised library with respect to the adjacent uses consisting of an elementary school, a
park and softball field, a fire station, and tennis courts. Upon approval of the funding grant, we prepared the
civil construction plans for the tennis courts relocation, library site and parking lot, and park improvements
design including demolition, grading, drainage, horizontal control, utilities, and signage. Per the Library Bond
Act Regulations, the project included three submittals, schematic design plans, design development plans and
final construction documents. Also prepared the Water Quality Management Plan.
Lido Island Entry, NUVIS. Project Manager. The Lido Isle Homeowners Association sponsored a Lido Isle
Beautification Project. We supported the landscape architect responsible for the preparation of conceptual
and final design plans for construction of new median islands, reconfiguration of the existing street parking
layout, modification to the curb returns, and constriction of new decorative roadway paving. Project also
involved geotechnical investigation to determine extent of pavement rehabilitation. Coordination with the City
of Newport Beach and the California Coastal Commission was required. Estimated construction cost is
$385,o00.
State Route 62 —New Sidewalks and Raised Median Islands Project Report, Willdan, Town of Yucca
Valley, Caftrans District 8. Project Manager. Preparation of a Project Report for construction of sidewalks and
raised median on the SR-62, Twenty Nine Palms Highway. The scope specifically included the preparation of
the text of the report, geometry exhibits, Right of Way Data Sheets, Storm Water Data Report and Location
Hydraulic Study. Project was funded by TCRP program and as.a result was placed on hold during the state
budget crisis.
Hoag Hospital Lower Campus Project, Child Care Center, Bielski Ladowicz Architects, City of Newport
Beach. Project Manager. Project Involved the preparation of preliminary layout and civil portion of the
construction documents for the proposed Child Care Center. The scope included grading, drainage, horizontal
control, and utilities coordination plans.
Wilson Street Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final design
and construction documents for pavement rehabilitation from Fountain Way East to Harbor Boulevard. This
two -lane street with a center turning lane is located in a busy commercial and residential area. For this 114
mile length, the pavement is in disrepair and reconstruction was recommended. We prepared a field survey,
geotechnical investigation, pavement reconstruction plans, specifications and estimates, and traffic
engineering. We also prepared the paperwork required by the Caltrans Local Assistance Procedures Manual
for federal funding. This included the Preliminary Environmental Study, the Request for Authorization for
Construction, the Roadway Data Form, the PS &E Certification Form, the R/W Certification Form, the Finance
Letter, and the Construction Form. The project was estimated to cost $1.05 million.
Sakioka Drive Pavement Rehabilitation, City of Costa Mesa. Protect Manager. Preparation of final design
and construction documents for pavement rehabilitation from Sunflower Boulevard to Anton Boulevard. This
four -lane divided street with a raised median is located in a residential area and developing area. For this 113
mile length, the pavement for three lanes is recommended to be overlaid and the pavement in one lane was
recommended to be reconstructed. We prepared a field survey, geotechnical investigation, pavement
reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the paperwork
required by the Caltrans Local Assistance Procedures Manual for federal funding. This included the
Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the
PS &E Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $730,000.
South Coast Drive Pavement Rehabilitation, City of Costa Mesa. Proiect Manager. Preparation of final
design and construction documents for pavement rehabilitation from Carmel Drive to San Leandro Lane. This
two-lane street with a center turning lane is located In a residential area. The project involved complete
pavement reconstruction. We prepared a field survey, geotechnical investigation, pavement reconstruction
plans, specifications and estimates, and traffic engineering. We also prepared the paperwork required by the
Caltrans Local Assistance Procedures Manual for federal funding. This included the Preliminary
Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the PS &E
Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The project
was estimated to cost $1.30 million.
Superior Avenue Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final
design and construction documents for pavement rehabilitation from the City limits to Anaheim Avenue. This
two -lane street with a center turning lane is located in a busy commercial area. The project involved both
pavement overlay and complete reconstruction. We prepared a field survey, geotechnical investigation,
pavement reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the
paperwork required by the Caltrans Local Assistance Procedures Manual for federal funding. This included
the Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form,
the PS &E Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $1.63 million.
Kenneth Hahn Regional Park Expansion. Tatsumi and Partners, County of Los Angeles Department of
Parks and Recreation. Proiect Engineer responsible for all aspects of design through final PS &E.
Responsible for the coordination and preparation of the field survey, base mapping, site design and sub
consultant coordination. Project involved construction of new park access road, parking stalls, pedestrian
trails, restroom building, tot lot and picnic areas. The site is an undeveloped portion of the existing park. The
project intent is to provide additional public use facilities while minimizing the impact to the existing native
plants and site topography. Design involved site grading, drainage, new utility services, and erosion control
plans.
FRANIgOIS ZUGMEYER, P.E.
SENIOR ENGINEER
04wartmIngimmn
EDUCATION
Civil Engineering Degree, 1972, E.N.S.A.I. Strasbourg, France
PROFESSIONAL DATA
Professional Engineer Registered in California ( #31046, 1979)
PROFESSIONAL AFFILIATIONS
American Society of Civil Engineers — Member, Past Chair of Hydrology & Hydraulics Tech. Group
EXPERIENCE OVERVIEW
Mr. Zugmeyer has over 30 years of experience water resources, transportation, public works and site
development. His experience in surface water and drainage projects includes hydrology, hydraulics, flood plain
analyses, flood control, reservoir operation, storm drain design, water quality (SWPPP & BMPs), and water
resources planning. His experience in transportation projects includes geometric design, drainage, grading
and reports prepared to City and Caltrans standards for all phases of project development. His site
development experience includes survey basemapping and coordinate control, utility coordination, rough and
precise grading, drainage and storm water quality mitigation, and preparation of construction plans.
PROJECT EXPERIENCE
Mesa Drive / Irvine Avenue Intersection, City of Newport Beach, County of Orange. Proect Engineer.
Prepared improvement plans and drainage report for the Mesa Drive widening near its intersection to Irvine
Avenue. Project involved restriping Mesa Drive east of Irvine Avenue and widening Mesa Drive west of Irvine
Avenue. Street widening required retaining walls and the acquisition of right -of -way. Project will be included
with County of Orange Irvine Avenue Widening Project. Construction Cost was $450,000.
Corona del Mar State Beach, RobbinsiorgensenChristopher, City of Newport Beach. Project Enoineer. The
project included demolition of existing bathroom facilities and concession buildings, reconstruction of the
entrance, ticket booth and associated landscaped islands, curb and sidewalk, two new bathroom facilities, a
new concession building with lifeguard facilities, and hardscape between the existing back of curb and
proposed perimeter seating wall. Provided civil engineering services related to the above tasks including
grading, drainage, curb & gutter, utilities and coordination with the architect.
Crean Mariners Branch Library, Thirtieth Street Architects, City of Newport Beach. Project Engineer.
Project involved the preparation of preliminary data for use in a funding application, prepared by the architect,
for library expansion. Prepared a site survey, an ALTA, a utility investigation and a composite plan. The
scope included preparation of a preliminary layout of the revised library with respect to the adjacent uses
consisting of an elementary school, a fire station, and tennis courts. Upon approval of the funding grant, civil
construction plans were prepared for tennis courts relocation, library she and parking lot, and park
improvements. The scope included demolition, grading, drainage, horizontal control, signage and utilities
coordination plans. Per the Library Bond Act Regulations, the project included three submittals, schematic
design plans, design development plans and final construction documents.
3 Drainage Improvement Projects, City of Yorba Linda. Project Engineer. Prepared final design and
construction documents for a new 24" storm drain on Yorba Linda Boulevard, between Avocado Avenue and
Ohio Street, to alleviate flooding of the third westbound lane during a stone event. Estimated cost $182,000.
Prepared final design and construction documents for construction of rip rap and protection barrier trash rack
for existing 84" inlet near Hidden Hills Road and Mission Hills Lane. The existing rip rap is broken causing
erosion problems and vegetative growth. Estimated cost $70,000.
Prepared final design and construction documents for new 30" and 36" storm drain in Avenida Puesta Del Sol
between Via Del Rancho and Avenida Rio Del Oro to provide upstream drainage improvement to eliminate
localized flooding problems in a downstream residential neighborhood. Estimated cost $160,000.
1 -15 I Palmdale Road Overcrossing, David Evans & Associates, Caltrans District 8. Project Engineer.
Prepared a combined PSR -PR and final engineering PS &E for this Minor A project for Caltrans. Project
involved the addition of new sidewalk on the southbound side of Palmdale Road throughout the interchange
limits. Access ramps were required - across the two loopr ramps. Caltrans recently constructed sidewalk and
access ramps for the northbound side. Project cost is estimated at $265,000.
Atlantic Boulevard Bridge Widening, PBS &J, City of Vernon, Proiect Engineer. Provided engineering
services for the Atlantic Boulevard Bridge widening in the City of Vernon. The project_ included preparation of
a Location Hydraulic Study required by Caltrans to evaluated potential impact to existing drainage, preparation
of a Storm Water Data Report to review potential impacts to water quality, and a HEC -RAS hydraulic analysis
of the Los Angeles River to evaluate the impact of pier modification due to the structure widening. Project was
processed through Caltrans Local Assistance Procedures since it was funded through the HBRR program.
Hoag Hospital Lower Campus Project, Child Care Center, Bielski Ladowicz Architects, City of Newport
Beach. Proiect Engineer. Project involved the preparation of preliminary layout and civil portion of the
construction documents for the proposed Child Care Center. The scope included grading, drainage, horizontal
control, and utilities coordination plans.
Wilson Street Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final design
and construction documents for pavement rehabilitation from Fountain Way East to Harbor Boulevard. This
two -lane street with a center turning lane is located in a busy commercial and residential area. For this 114
mile length, the pavement is in disrepair and reconstruction was recommended. We prepared a field survey,
geotechnical investigation, pavement reconstruction plans, specifications and estimates, and traffic
engineering. We also prepared the paperwork required by the Caltrans Local Assistance Procedures Manual
for federal funding. This included the Preliminary Environmental Study, the Request for Authorization for
Construction, the Roadway Data Form, the PS &E Certification Form, the R1W Certification Form, the Finance
Letter, and the Construction Form. The project was estimated to cost $1.05 million.
Sakioka Drive Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final design
and construction documents for pavement rehabilitation from Sunflower Boulevard to Anton Boulevard. This
four -lane divided street with a raised median is located in a residential area and developing area. For this 113
mile length, the pavement for three lanes is recommended to be overlaid and the pavement in one lane was
recommended to be reconstructed. We prepared a field survey, geotechnical investigation, pavement
reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the paperwork
required by the Caltrans Local Assistance Procedures Manual for federal funding. This included the
Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the
PS &E Certification Form, the RNV Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $730,000.
DAVID GRANTHAM, P.E.
CIVIL ENGINEER
Civil Worl¢Engkn n
EDUCATION
B.S., 1996, Civil Engineering, California State Polytechnic University, Pomona, CA
PROFESSIONAL DATA
Registered Professional Engineer in California ( #59999, 2000)
Land Surveyor -In- Training ( #6401, 2002)
EXPERIENCE OVERVIEW
Mr. Grantham has over eleven years experience in public works improvement projects at all levels of planning,
design, and construction. He has performed as project engineer on numerous site improvement projects,
street and intersection improvement projects, and major transportation projects. His street experience includes
pavement rehabilitation /reconstruction, realignments, widenings, intersections, storm drainage, utility
modifications and coordination, and survey control. He has also served as a design engineer on several
transportation projects which included the preparation of project reports, plans, specifications and cost
estimates meeting Caltrans requirements.
PROJECT EXPERIENCE
21st Street Improvements, City of Newport Beach. Project Engineer for widening 215' Street between Balboa
Boulevard and Court Street to convert the existing one -way street to two -way traffic, traffic signal modification,
and landscaping. Due to the widening of 21" Street, modification of the McFadden Place parking lot was
required. Modifications included reconfiguration of the parking stalls, relocation of the entrance and exit, and
drainage. Although the size of the parking lot decreased due to the street widening, the project was required
to maintain the same number of parking stalls. Project site is under the jurisdiction of both the City of Newport
Beach and the California Coastal Commission. A permit was required from the Coastal Commission prior to
starting construction. Cost was $285,000.
Mariners Village, City of Newport Beach, Caltrans District 12. Project Engineer. City previously developed
an overall four -phase concept plan for Mariners Village improvements consisting of landscaping, hardscape
aesthetics, and traffic calming. Phase 1 included the proposed landscaping amenities along Coast Highway.
This project involved the planting of 22 — 30 foot high Washingtonia Robusta palm trees along the north side of
Coast Highway from Riverside Drive to south of Tustin Avenue. Due to the limited public right of way, some of
the trees were planted within private property. Project involved replacement of sidewalk to provide space for
the trees and to place the irrigation line, relocation of traffic signal conduit, planting of trees and shrub,
permanent easements from 9 property owners, and thorough utility investigation. Construction was completed
in February 2004 at a cost of $250,000.
Lido Island Entry, NUVIS. Project Manager. The Lido Isle Homeowners Association sponsored a Lido Isle
Beautification Project. We supported the landscape architect responsible for the preparation of conceptual
and final design plans for construction of new median islands, reconfiguration of the existing street parking
layout, modification to the curb returns, and construction of new decorative roadway paving. Project also
involved geotechnical investigation to determine extent of pavement rehabilitation. Coordination with the City
of Newport Beach and the California Coastal Commission was required.
South Coast Drive Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final
design and construction documents for pavement rehabilitation from Carmel Drive to San Leandro Lane. This
two -lane street with a center turning lane is located in a residential area. The project Involved complete
pavement reconstruction. We prepared a field survey, geotechnical investigation, pavement reconstruction
plans, specifications and estimates, and traffic engineering. We also prepared the paperwork required by the
Caltrans Local Assistance Procedures Manual for federal funding. This included the Preliminary
Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the PS &E
Certification Form, the RIW Certificafion Form, the Finance Letter, and the Construction Form. The project
was estimated to cost $1.30 million.
Superior Avenue Pavement Rehabilitation, City of Costa Mesa. Protect Engineer. Preparation of final
design and construction documents for pavement rehabilitation from the City limits to Anaheim Avenue. This
two -lane street with a center turning lane is located in a busy commercial. area. The project involved both
pavement overlay end complete reconstruction. We prepared a field survey, geotechnical investigation,
pavement reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the
paperwork required by the Caltrans Local Assistance Procedures Manual for federal funding. This included
the Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form,
the PS &E Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $1.63 million.
Paseo Rancho Castilla and Circle Drive, California State University, Los Angeles. Proiect Engineer for final
design plans for pavement rehabilitation for primary access road within the University. Paseo Rancho Castilla
is used by both University traffic and the public traffic. The project evaluated cost tradeoffs between short term
and long term fix regarding pavement strategy. Construction cost for each street was $200,000.
SR -118 / First Street & SR -118 / Erringer Road Westbound Ramps Interchange Improvements, Forest
City Construction, Caltrans District 7, City of Simi Valley. Proiect Engineer. Project involved final design for
improving the interchanges at SR -118 /First Street and SR- 118 /Erringer Road in the City of Simi Valley. The
improvements were mitigation measures for the development of a new 600,000 square foot mall to the north of
the SR -118. At each interchange the project involved widening the local street, widening and /or
reconstructing the westbound off -ramps and the westbound loop on- ramps, installation of new traffic signals,
modification of existing traffic signals, utility relocations, and coordination with the City improvements adjacent
to the interchange. Fact sheets, encroachment permits, stormwater data reports, aerial deposited lead
reports, initial site assessment reports, geotechnical reports and right of way documents for both interchanges
were prepared and processed through the City and Caltrans. Cost estimates and specifications were also
prepared. Construction cost was $3.5 million.
Kenneth Hahn Regional Park Expansion. Tatsumi and Partners, County of Los Angeles Department of
Parks and Recreation. Project Engineer for construction of new park access road, parking stalls, pedestrian
trails, restroom building, tot lot and picnic areas. The site is an undeveloped portion of the existing park. The
project intent is to provide additional public use facilities while minimizing the impact to the existing native
plants and site topography. Design involved site grading, drainage, new utility services, and erosion control
plans.
Mojave Park. NUVIS, City of Hesperia. Project Engineer for construction of new sports park and parking lot
as part of an adjacent residential development. The project involved construction of a new surface parking lot,
baseball field, soccer field, tot lot, pedestrian trails and picnic areas. Design involved site grading, drainage,
parking lot Improvements, new utility services, and erosion control plans. Design of project was required to be
completed in two phases.
California State University, Fullerton, Parking Structure No. 2. International Parking Design, City of
Fullerton. Prolect Engineer responsible for all aspects of design through final PS &E. Project was a
design /build involving surface parking and site reconstruction of parking lot B surrounding the new multilevel
parking structure. The project involved storm drain relocations, sewer and fire water service construction,
construction of new pavement sections and parking islands, compliance with ADA access requirements, and
completion of a Storm Water Pollution Prevention Plan (SWPPP). Construction engineering services were
also provided.
Campus Road, California State University, Los Angeles. Project Engineer. Prepared final design plans for
pavement reconstruction and curb and gutter installation from Paseo Rancho Castilla to Circle Drive
(approximately 700 feet). Campus Road is the access roadway used by both University traffic and the public
traffic. The project also evaluated cost tradeoffs between short term and long term fix regarding pavement
strategy. Construction cost was $200,000.
Section 5 - Public Aoency Work performed in last five years — continued
Proiects for Public Aoencies with Former Firm — Same Staff
Client:
City of Newport Beach
Project:
21 st Street Improvements
Assignment:
Final Design for Conversion to 2 -Way Traffic
Project:
Mariners Village Improvements
Assignment:
Final Design for Palm Trees on PCH
Client:
City of San Buenaventura
Project:
US -101 i California Street Northbound Off -Ramp Improvements
Assignment:
Project Report
Client:
City of Yorba Linda
Project:
Rose Drive Design Study
Assignment:
Design Study
Client:
OCTA
Project:
SR -91 Express Lanes, Preventive Pavement Maintenance Project
Assignment:
PS &E
Project:
SR -91 - Tustin Avenue to SR -55 Auxiliary Lane Addition
Assignment:
PSR
Section 5 - Public Agency Work performed in last five years
Client:
City of Buena Park
Project:
1 -5 Far North Widening Project
Assignment:
Engineering Review and Assistance
Client:
City of Yorba Linda
Project:
3 Drainage Improvement Projects
Assignment:
Final Design
Client:
City of Corona
Project:
1 -15 Cajalco Road
Assignment:
Final Design for Roadway Restriping
Client:
City of Costa Mesa
Project:
Sakioka Drive
Assignment:
Final Design for Pavement Rehabilitation
Project:
Wilson Street
Assignment:
Final Design for Pavement Rehabilitation
Project:
South Coast Drive
Assignment:
Final Design for Pavement Rehabilitation
Project: Superior Avenue
Assignment: Final Design for Pavement Rehabilitation
Client:
City of Newport Beach
Project:
Mesa Drive I Irvine Avenue Intersection Improvements
Assignment:
Final Design for Intersection improvements
Client:
City of San Buenaventura
Project:
California Street Arts /Aesthetics Improvements
Assignment:
Prepare RFP for Project
Client:
California State University, Los Angeles
Project:
Hillside Drive Sidewalk
Assignment:
Final Design
Client:
California State University, Los Angeles
Project:
Parking Lot D Entrance Modification
Assignment:
Final Design
Client:
California State University, Los Angeles
Project:
Campus Road
Assignment:
Final Design for Pavement Rehabilitation
Client:
California State University, Los Angeles
Project:
Paseo Rancho Castilla and Circle Drive
Assignment:
Final Design for Pavement Rehabilitation
Section 6 — References
Municipal
Caltrans
Mr. Ray Bragg
Mr. Jim Biery
Mr. Steve Badum
Community Svcs Director
Public Works Director
Public Works Director
City of Fontana
City of Buena Park
City of Newport Beach
8353 Sierra Avenue
6650 Beach Blvd.
3300 Newport Blvd.
Fontana, CA 92335
Buena Park, CA 90622
Newport Beach, CA 92658
(909) 350 -7697
(714) 562 -3676
(949) 644 -3311
(949) 251 -9909
Mr. Bill Morris
Mr. John Ballas
Mr. Mohammad Mostahkami
Director of Public Services
City Engineer
Engineering Manager
City of Costa Mesa
City of Industry
City of South Gate
77 Fair Drive
15651 E. Stafford Street
8650 California Avenue
Costa Mesa, CA 92626
Industry, CA 91744
South Gate, CA 90280
(714) 754 -5298
(626) 333 -2211
(323) 563 -9582
Caltrans
Consultants
Mr. Richard Hart Ms. Leslee Temple
Mr. Wei Koo Vice President Principal, Vice President
PBSU David Evans i£ Associates NUVIS
625 The City Drive South 800 N. Haven Avenue 3151 Airway Ave., Suite J -3
Suite #200 Suite #300 Costa Mesa, CA 92626
Orange, CA 92868 Ontario, CA 91764 (714) 754 -7311
(714) 750 -7275 (909) 481 -5750
Developers
Ms. Cindy Quon
Mr. Fekade Mesfin
District Director
Sr. Transportation Engr
Caltrans, District 12
Caltrans, District 7
3337 Michelson Dr. #380
100 S. Main Street
Irvine, CA 92612
Los Angeles, CA 90012
(949) 440 -3440
(213) 897 -0096
Lancaster, CA 93536
Consultants
Mr. Richard Hart Ms. Leslee Temple
Mr. Wei Koo Vice President Principal, Vice President
PBSU David Evans i£ Associates NUVIS
625 The City Drive South 800 N. Haven Avenue 3151 Airway Ave., Suite J -3
Suite #200 Suite #300 Costa Mesa, CA 92626
Orange, CA 92868 Ontario, CA 91764 (714) 754 -7311
(714) 750 -7275 (909) 481 -5750
Developers
Mr. Jon Cantrell
Mr. Doug Cleary
Mr. Sam Veltri
Project Manager
Project Manager
Suncal Companies
Forest City Construction
Eclipse Development
2392 Morse Avenue
43812 Buena Vista Way
17802 Skypark Circle
Irvine, CA 92614
Lancaster, CA 93536
Suite #200
(949) 777 -4000
(661) 816 -1259
Irvine, CA 92614
(949) 251 -9909
Exhibit B
Fee Schedule
CMI Wwla Engin=m
PROFESSIONAL SERVICES
Principal
Project Manager
Senior Engineer
Engineer / Sr. Designer
Jr. Engineer/ Designer
CADD Designer / Technician
Clerical / Admin Support
REIMBURSABLE EXPENSES
Reproduction
Consultant Services
Automobile Transportation
Computer Plots
Delivery, Freight, Courier
Agency Fees
Commercial Travel / Subsistence
RATE SCHEDULE
3151 Airway Avenue
Suite 5 -2
Costa Mesa, CA 92626
HOURLY RATE ($)
$150.00
$140.00
$125.00
$105.00
$ 90.00
$ 80.00
$ 55.00
Cost
Cost plus 10%
$0.4851 mile
$ 1.50 / SF Bond
$ 2.001 SF Vellum
$ 3.00 / SF Color
$ 4.00 / SF Mylar
Cost
Cost
IOM
Cm4VAwl¢ Engineers
PROFESSIONAL SERVICES
Principal
Project Manager
Senior Engineer
Engineer
Senior Designer
Jr. Engineer
Designer
Jr. Designer
CADD Technician
Clerical / Admin Support
REIMBURSABLE EXPENSES
Reproduction
Consultant Services
Automobile Transportation
Computer Plots
Delivery, Freight, Courier
Agency Fees
Commercial Travel / Subsistence
SCHEDULE
Effective Through 6/30/11
3151 Airway Avenue
Suite S -2
Costa Mesa, CA 92626
HOURLY RATE ($1
$165.00
$150.00
$130.00
$115.00
$110.00
$ 95.00
$ 90.00
$ 80.00
$ 75.00
$ 60.00
Cost
Cost plus 10%
Current IRS Rate /Mile
$ 1.50 / SF Bond
$ 2.00/ SF Vellum
$ 3.00 / SF Color
$ 4.00 / SF Mylar
Cost
Cost
Cost
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
July 28, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Michael J. Sinacori, Assistant City Engineer
949 - 644 -3342 or msinacod @city.newport- beach.ca.us
SUBJECT: ENGINEERING ON -CALL SERVICES - APPROVAL OF AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS
ENGINEERS, INC.; PROFESSIONAL SERVICE AGREEMENT WITH SO
CAL WALDEN, INC. DBA WALDEN & ASSOCIATES; AND
PROFESSIONAL SERVICES AGREEMENT WITH C &C ENGINEERING,
INC. DBA CNC
RECOMMENDATIONS:
1. Approve Amendment No. 1 to Professional Services Agreement with Civil Works
Engineers, Inc., for on -call engineering services and authorize the Mayor and City
Clerk to execute Amendment No. 1.
2. Approve Professional Services Agreement with So Cal Walden, Inc. dba Walden &
Associates ( "Walden & Associates') for on -call engineering and surveying services
and authorize the Mayor and City Clerk to execute the Professional Services
Agreement.
3. Approve Professional Services Agreement with C &C Engineering, Inc. dba CNC
( "CNC') for on -call engineering services and authorize the Mayor and City Clerk to
execute the Professional Services Agreement.
DISCUSSION:
On -Call Professional Services Agreements (PSAs) were developed to avoid a large
volume of small but time - consuming agreements between the City and consultants to
accomplish on -going project tasks for implementation of the Capital Improvement
Program (CIP). The On -Call PSA is similar to the standardized PSA used by the City
with the exception of Section 2 (Services to be Provided) and Section 4 (Compensation
to the Consultant). These sections have been modified to allow the consultant to
provide services for multiple projects at fees that are set for a period of time.
Engineering On -Call Services — Approval Professional Services Agreements
July 28, 2009
Page 2
On -Call Professional Services Agreements allow the City to retain consultants in an
amount not to exceed $50,000 per specific capital project. If cumulative amendments to
an On -Call Project cause the total contract value to exceed the $50,000 limit, a separate
Professional Services Agreement with Council approval is required pursuant to Council
Policy F- 14(A)(B).
In accordance with Council Policy F -14, staff requested statements of qualifications
from local firms. Based on the qualifications received, staff recommends a continuation
of the On -Call Agreement with Civil Works Engineers, Inc. which was entered into on
June 26, 2007. Civil Works Engineers, Inc. provided on -call construction engineering
services for the River Avenue Pedestrian Coastal Access Improvements Project. The
City has since entered into a separate Professional Services Agreement with Civil
Works Engineers, Inc. for the design of the final construction plans for River Avenue.
As Civil Works Engineers, Inc. has and continues to provide quality service, the City
would like to renew its on -call relationship with them.
Walden & Associates is based in Irvine and has provided engineering and surveying
services for numerous cities throughout Southern California, including Huntington Beach,
Brea, Corona, Fountain Valley and Newport Beach. Walden & Associates has provided
the City with excellent service on previous past projects and is knowledgeable of the
City standards and requirements.
CNC is a mid -sized engineering firm with strong qualifications. The firm has provided
engineering design and construction management services for public agencies and
private clients throughout Southern California for the past 23 years.
The proposed On -Call Agreements would be effective through March 30, 2011.
Rates included in the agreements are competitive and in line with industry standards.
The new fees for various services are either unchanged or approximately 4 -10% higher
than 2007. Please refer to the attached table for rate comparisons.
Funding Availabilit
Funds for these services are available in specific project accounts within the City
Council approved Capital Improvement Program.
Engineering On -Call Services — Approval Professional Services Agreements
July 28, 2009
Page 3
Environmental Review:
Environmental clearances will be completed for each Capital Improvement Project.
Prepared by:
MiklS Sinacori,
Assistant City Engineer
Submitted by:
f "'.J , , ,
ephen 6.tadum
Public Works Director
Attachments: Amendment No. 1 to Agreement with Civil Works Engineers, Inc.
Professional Services Agreement with Walden & Associates;
Professional Services Agreement with CNC
Rate Comparison Table
RATE COMPARISON TABLE
CIVIL WORKS ENGINEERS, INC.
Position
2007 Hourly Rates
2009 Hourly Rates
Hourly Rate
Increase
Principal
$150
$165
$15
Project Manager
$140
$ISO
$10
Senior Engineer
$125
$130
$ 5
Engineer
$105
$115
$10
Sr. Designer
$105
$110
$ 5
Jr. Designer
$ 90
$ 95
$ 5
Designer
$ 90
$ 90
$ 0
Jr. Designer
N/A
$ 80
N/A
CADD Designer /Technician
$ 80
$ 75
($ 5)
Clerical /Admin Support
$ 55
$ 60
$ 5
Amount Expended 6/2007 - 6/2009
Pedestrian Coastal Access Improvements' $ 26,000.00
Total $ 26,000.00
*City entered into a Professional Services Agreement with Civil Works Engineers, Inc. on November 20,
2008 for final design and construction plans.
WALDEN & ASSOCIATES
Position
2009
Hourly Rates
Principal
$160
Project Manager
$140
Project Engineer /Land Surveyor
$125
Design Engineer /Land Surveyor
$110
Engineer /Land Surveyor
$ 95
Assistant Engineer /Designer/
Land Surveyor
$ 85
Senior Draftsman
$ 80
Expert Witness Deposition/
Trial Testimony
$300
CNC
Position
2009 Hourly Rates
Principal -in- Charge
$175
Senior Project Manager
$150
Project Manager
$125
Project Engineer
$110
Design Engineer
$ 90
AutoCAD Designer
$ 75
Administration
$ 60
Technician
$ 50
Survey Manager
$125
Project Surveyor
$ 85
One Man Crew
$110
Two Man Crew
$165
Three Man Crew
$220
Four Man Crew
$300
Survey Technician
$ 70
Senior Construction Inspector
$ 95
Construction Inspector
$ 85
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
CIVIL WORKS ENGINEERS, INC. FOR
ON -CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and CIVIL WORKS ENGINEERS, INC., a California corporation
whose address is 3151 Airway Avenue, Suite S -2, Costa Mesa, California 92626
( "Consultant "), and is made with reference to the following:
RECITALS
A. On June 26, 2007, City and Consultant entered into an On -Call Professional
Services Agreement, hereinafter referred to as "AGREEMENT" for engineering
services to assist the City in executing its fiscal year 07/08 and 08/09 Capital
Improvement Program.
B. City desires to enter into this AMENDMENT NO. ONE to reflect additional
engineering services for the fiscal year 09/10 and 10/11 Capital Improvement
Program, extend the term of the Agreement, amend the billing rates and
increase the maximum fees allowable per Letter Proposal.
C. City and Consultant mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. ONE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to March 31, 2011.
2. 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, the Agreement dated
and approved by City Council on June 26, 2007, attached hereto as Exhibit A
and incorporated herein, the provisions of AMENDMENT NO. ONE, and the
amended billing rates, attached hereto as Exhibit B and incorporated herein.
No rate changes shall be made during the term of AMENDMENT NO. ONE
without the prior written approval of the City. Consultant's compensation for
services performed, in accordance with AMENDMENT NO. ONE, including all
reimbursable items and subconsultant fees, shall not exceed the fees identified
in the Letter Proposal, as approved by the Contract Administrator. Any Letter
Proposal that sets forth fees in excess of Fifty Thousand Dollars and 00 /100
($50,000.00), per on -call project, shall require a separate Professional Services
Agreement approved per Council Policy F -14.
3. ADMINISTRATION
AMENDMENT NO. ONE shall be administered by the Public Works Department.
Dave Webb shall be the Project Administrator and shall have the authority to act
for the 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.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms and covenants
set forth in the AGREEMENT shall remain unchanged and shall be in full force
and effect.
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:
nette auc a p,
Assistant City Att rtey
for the City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Edward D. Selich,
Mayor
for the City of Newport Beach
CIVIL WORKS ENGINEERS, INC.:
BY: By:
Leilani Brown, Marie Marston, P.E.
City Clerk President and Treasurer
for the City of Newport Beach
Attachments: Exhibit A — Professional Services Agreement
Exhibit B — Amended Schedule of Billing Rates
2
PROFESSIONAL SERVICES AGREEMENT WITH
CIVIL WORKS ENGINEERS FOR ON -CALL
ENGINEERING SERVICES -
THIS AGREEMENT is made and entered into as of this � day of
200_1 by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City'), and CIVIL WORKS ENGINEERS, Inc., a California corporation,
whose address is 3151 Airway Avenue, Suite S -2, 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. City has a need for on -call assistance for engineering services related to the
proposed Fiscal Year 07/08 and 08109 Capital Improvement Programs.
C. City desires to engage Consultant to perform on -call engineering services
throughout the City on an as need basis.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of this Agreement, shall be
Marie Marston, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th- day of June, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" engineering services as described in the
Statement of Qualifications attached as Exhibit "A." Upon verbal or written
request from the Contract Administrator, Consultant shall provide a letter
proposal for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The�Letter Proposal shall include the following:
A. A detailed description of the services to be provided,
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Contract Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TWE OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for a specific 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 Contract Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Contract 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 telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit `B" and incorporated herein by.
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Contract Administrator, Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
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 and/or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal 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 the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. . Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of a specific project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. CONTRACT MANAGER
Consultant shall designate a Contract Manager, who shall coordinate all phases
of the Agreement. This Contract Manager shall be available to City at all
reasonable times during the Agreement term. Consultant has designated Marie
Marston, P.E. to be its Contract Manager. Consultant shall not remove or
reassign the Contract Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to a specific 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 a specific 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 a specific project on a timely basis as contemplated by
this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Contract Administrator and shall have the authority
to act for City under this Agreement. The Contract 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 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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
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 faujty 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,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without (imitation, 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
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of 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
sole negligence, 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 shalt 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
Contract Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Contract.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Contract Administrator in advance of all critical decision
points in order to ensure the Contract proceeds in a manner consistent with City
goals and policies.
13. PROGRESS
Consultant is_ responsible for keeping the Contract Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
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
6
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 Gass 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.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain .Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
2. 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.
3. 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.
4. 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:
1. The City, its elected or appointed officers, officials, employees,
agents and votunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. 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 lo.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.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. 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.
6. 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 (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
C
F. Timety 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 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
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon 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 contract. Any use of completed documents
for other contracts 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.
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 a specific project, for the completion of a
specific project by others, or for any other Contract, 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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. 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
n
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work 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 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.
23. 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with a specific
project.
25. 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 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.
11
26. NOTICES
All notices,. demands, requests or approvals to be given under the terms of 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 Slates 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:
Michael J. Sinaeori
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3342
Fax: 949- 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
CIVIL WORKS ENGINEERS
3151 Airway Avenue, Suite S -2
Costa Mesa, CA 92626
Phone: (714) 966 -9060
Fax: (714) 966 -9085
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting 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 provision, 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 and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
1 7
28. 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, regulations and permit requirements and be
subject to approval of the Contract Administrator and City.
29. 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 tern, covenant or condition contained herein, whether
of the same or a different character.
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.
31. 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.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. 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.
34. INTERPRETATION
The terns of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
114
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to -it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST
G
By: rr-
0
r�ir( LaVonne {ark s,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Y
Mayor
for the City of NeOp& Beach
CIVIL WORKS ENGINEERS:
By
Marie Marston, P.E.
Title: President
Print Name: HCLO' L
By: k'ZR
(Financial Officer)
Title: T(2Q 5oa-r
Print Name: W4 %✓1rA&M
Attachments: Exhibit A – Statement of Qualifications
Exhibit B – Schedule of Billing Rates
F au sers\cal\sh ared\Con tractTemplatesPubli shedon IntranetlFO RMOnC allAgreement, doc
Statement of
1
Qualifications
Prepared for:
City of Newport Beach
Public Works
Cavil WO& Engineers
3151 Airway Avenue Suite S -2
Costa Mesa, CA 92626
(714) 966 -906o
June 2007
Civil Works Engineers
June 12, 2007
City of Newport Beach
Michael Sinacon, P.E.
Principal Civil Engineer
3300 Newport Boulevard
Newport Beach, CA 92658
Dear Mr. Sinacon:
Thank you for considering Civil Works Engineers for the City's on -call civil engineering contract.
We are happy to provide our attached Statement of Qualifications (SOQ) for further
consideration:
Civil Works Engineers has planned and designed a wide variety of public works infrastructure
projects including streets and freeways, drainage and storm water quality, as well as utilities and
grading for site improvements. We provide civil engineering services over this range of
disciplines at all levels of project development including initial planning, preliminary design
development, final design / construction documents, and construction engineering assistance.
Our SOQ contains representative information about our firm for your review. Please call if you
have any questions or if you would like additional information.
Sincerely,
Marie Marston, P.E.
President
3151 Airway Avenue, Suite S -2 • Costa Mesa, CA 92626
Exhibit A
Description of Services
Civil Works Engineers
Description of Services Provided
Civil Works Engineers, Inc. is a professional civil engineering consulting firm providing a broad range of
planning and design services for transportation, drainage, and site civil projects.
Tra vksportatiovti
Our transportation engineers are specialized in both freeway system facilities working with Caltrans and on
local street improvement projects working with municipalities and developers. Our staff has worked on
privately- funded Caltrans facilities improvements since 1983. Our projects range from simple road
rehabilitations to complex reconstruction of interchanges. We maintain proficiency in the always evolving 4
phase Caltrans project development process including Project Study Reports, Project Reports, Plans
Specifications and Estimates, and construction engineering services. We also have considerable experience
processing smaller state facility projects through the Caltrans encroachment permit process. In addition to the
more typical planning and design for transportation projects, we have assisted numerous clients with funding
assistance through research and preparation of funding applications at the local, state, and federal levels
including the HBRR program. Project and program management, cost estimating, and scheduling are
fundamental to these projects.
site
Our site planning and design experience involves both public and private facilities including parks, office
buildings, hotels, parking structures, schools from K -12 and beyond, child care centers, retail centers, libraries,.
and fire stations. We prepare the precise site grading and drainage design along with the appropriate utility
modifications and /or coordination for tie-ins from the offsite utility facility to the onsite new facility. This
includes water and sewer connections and coordination with electrical, phone, and gas systems. Our work
Includes schematic design, design development, construction documents, and engineering assistance during
construction.
AYA%I�.GiAe
Our drainage experience includes complete project preparation from the project concept evaluation of
drainage impacts and local parameters to the development of drainage plans followed by construction. Most
projects involve an increase in impervious area resulting in an increase In storm water flows. Subsequently, the
additional quantity, direction, and quality of flow must be evaluated to determine the appropriate means of
discharge and the most suitable best management practices (BMPsi. We prepare hydrology and hydraulic
studies and reports, followed by implementation of the recommendations into final plans whether it consists of
modifications to existing systems or entirely new drainage systems. We also have extensive experience in
storm water handling including the preparation of Storm Water Data Reports as required by Caltrans, water
quality management plans for permanent BMPs after construction, and Storm Water Pollution Prevention Plans
(SWPPP) for temporary 8MPs during construction.
Civil Works Engineers provides continuous client interaction to meet the project needs for schedule, funding,
and quality_ We have maintained long -term clients over numerous years, demonstrating their satisfaction with
Civil Works Engineers' services.
Civil Works Engineers is a certified DBE/WBE/SBE
Section 2 - Local Staffing List
Marie Marston,.P,E. - Principal Engineer
Francois Zugmeyer, P.E. - Senior Engineer I Drainage Engineer
David Grantham, P.E. - Civil Engineer/ Utility Engineer
Alvaro Perez - Junior Engineer
Happi Loeb - Administrative Assistant
Section 3 - Advance Notice Requirements
Time commitments ultimately depend on the scope assigned to us and our current backlog.
Fluctuations in workload are dependent on the timing of staff involvement, the current ongoing
activity of staff, the type and duration of proposed work assignment, and correspondingly the
personnel assigned (whether technical design or agency review /assistance), etc.
Although all of our proposed staff members are currently committed to other projects as would
be expected for any active consulting business, at this time, many of our projects are in
construction or are winding down affording us the ability to take on additional work.
If the City selects us for this on -call work, when the City contacts us with a specific project, we
will assess our workload and staffing capability at that time along with the City's project and
schedule requirements. We will inform the City if we can take on the project within our current
workload.
We have performed work for clients with design fees of a few thousand dollars to well over
$500,000. The expected effort for the City's proposed project and the desired schedule will
ultimately play the role in determining if we can take the project on. For our small firm, our
reputation is highly dependent upon delivery of a quality product within the expected time frame.
As such, we will be honest with the City of our ability to perform.
MARIE MARSTON, P.E.
PRINCIPAL ENGINEER
civil Wain e,ya;.n
EDUCATION
B.S., 1980, Civil Engineering, Oregon State University
M.B.A., 1988, University of California, Irvine
PROFESSIONAL DATA
Registered Professional Engineer in California ( #38798, 1984)
PROFESSIONAL AFFILIATIONS
Women's Transportation Seminar - OC President 2004 -05, OC Treasurer 2001 -03, Member
American Society of Civil Engineers - Member, 1998 Chair of OC Transportation Tech Group
American Public Works Association - Member
Newport Beach Arts Foundation - President, Past Treasurer
EXPERIENCE OVERVIEW
Marie Marston, P.E., principal of Civil Works Engineers, Inc., has 27 years of professional civil engineering
experience. Her experience includes general infrastructure and public works improvement projects such as
transportation including streets and freeways, site Improvements for commercial and public facilities, hydrology
and storm drains, right -of -way engineering, utility modifications, grading, retaining walls, as well as providing
funding applications assistance. Her experience covers projects from inception to completion including project
and program management, planning, design, and construction. She has experience in working with both the
public and private sector including cities, counties, state agencies, federal agencies, school districts.
universities, developers, and architects /engineers.
PROJECT EXPERIENCE
21st Street Improvements, City of Newport Beach. Project Manager for design for the widening of 21 s' Street
between Balboa Boulevard and Court Street. The purpose of the project was to provide two -way traffic (to an
existing one -way street). The project also involved traffic signal modification, landscaping, and reconfiguration
to the McFadden Place parking lot. Modifications included reconfiguration of the parking stalls, relocation of
the entrance and exit, and drainage. 'Although the size of the parking lot decreased due to the street widening,
the project was required to maintain the same number of parking stalls. Project site is under the jurisdiction of
both the City of Newport Beach and the California Coastal Commission. A permit was required from the
Coastal Commission prior to starting constriction. The project completed construction prior to the busy
summer season of 2004 for a cost of $300,000.
Mesa Drive / Irvine Avenue Intersection, City of Newport Beach, County of Orange. Project Manager.
Prepared alignment study, several conceptual alternatives, and the final design for intersection improvements
to provide dual westbound left turn lanes from westbound Mesa Drive to southbound Irvine Avenue. Project
involved reslriping Mesa Drive east of Irvine Avenue and widening Mesa Drive west of Irvine Avenue. Street
widening required retaining walls and the acquisition of right -of -way. Project will be included with County of
Orange Irvine Avenue Widening Project.
Mariners Village Improvements, City of Newport Beach, Caltrans District 12. Project Manager. City
previously developed an overall four -phase concept plan for Mariners Village improvements consisting of
landscaping, hardscape aesthetics, and traffic calming. Phase 1 included the proposed landscaping amenities
along Coast Highway. This project involved the planting of 22 - 30 foot high Washingtonia Robusta palm
trees along the north side of Coast Highway from Riverside Drive to south of Tustin Avenue. Due to the
limited public right of way, some of the trees were planted within private property. Project involved
replacement of sidewalk to provide space for the trees and to place the irrigation line, relocation of traffic signal
conduit, planting of trees and shrub, permanent easements from 9 property owners, and thorough utility
investigation. Construction was completed in February 2004 at a cost of $250,000.
Corona del Mar State Beach, RobbinsJorgensenChdstopher, City of Newport Beach. Proiect Manager. The
project included demolition of existing bathroom facilities and concession buildings, reconstruction of the
entrance, ticket booth and associated landscaped islands, curb and sidewalk, two new bathroom facilities, a
new concession building with lifeguard facilities, and hardscape between the existing back of curb and
proposed perimeter seating wall. Provided civil engineering services related to the above tasks including
grading, drainage, curb & gutter, utilities and coordination with the architect.
Crean Mariners Branch Library, Thirtieth Street Architects, City of Newport Beach. Project Manager.
Project involved the preparation of preliminary data for use in a funding application, prepared by the architect,
for library expansion. Prepared a site survey, an ALTA, utility investigation and composite plan, and a
preliminary layout of the revised library with respect to the adjacent uses consisting of an elementary school, a
park and softball field, a fire station, and tennis courts. Upon approval of the funding grant, we prepared the
civil construction plans for the tennis courts relocation, library site and parking lot, and park improvements
design including demolition, grading, drainage, horizontal control, utilities, and signage. Per the Library Bond
Act Regulations, the project included three submittals, schematic design plans, design development plans and
final construction documents. Also prepared the Water Quality Management Plan.
Lido Island Entry, NUVIS. Project Manager. The Lido Isle Homeowners Association sponsored a Lido Isle
Beautification Project. We supported the landscape architect responsible for the preparation of conceptual
and final design plans for construction of new median islands, reconfiguration of the existing street parking
layout, modification to the curb returns, and construction of new decorative roadway paving. Project also
involved geolechnical investigation to determine extent of pavement rehabilitation. Coordination with the City
of Newport Beach and the California Coastal Commission was required. Estimated construction cost is
$385,000.
State Route 62 —New Sidewalks and Raised Median Islands Project Report, Willdan, Town of Yucca
Valley, Caltrans District 8. Proiect Manager. Preparation of a Project Report for construction of sidewalks and
raised median on the SR -62, Twenty Nine Palms Highway. The scope specifically included the preparation of
the text of the report, geometry exhibits, Right of Way Data Sheets, Storm Water Data Report and Location
Hydraulic Study. Project was funded by TCRP program and as.a result was placed on hold during the state
budget crisis.
Hoag Hospital Lower Campus Project, Child Care Center, Bielski Ladowicz Architects, City of Newport
Beach. Project Manager. Project involved the preparation of preliminary. layout and civil portion of the
construction documents for the proposed Child Care Center. The scope included grading, drainage, horizontal
control, and utilities coordination plans.
Wilson Street Pavement Rehabilitation, City of Costa Mesa. Proiect Manager. Preparation of final design
and construction documents for pavement rehabilitation from Fountain Way East to Harbor Boulevard. This
two -lane street with a center turning lane is located in a busy commercial and residential area. For this 114
mile length, the pavement is in disrepair and reconstruction was recommended. We prepared a field survey,
geotechnical investigation, pavement reconstruction plans, specifications and estimates, and traffic
engineering. We also prepared the paperwork required by the Caltrans Local Assistance Procedures Manual
for federal funding. This included the Preliminary Environmental Study, the Request for Authorization for
Construction, the Roadway Data Form, the PS &E Certification Form, the R1W Certification Form, the Finance
Letter, and the Construction Form. The project was estimated to cost $1.05 million.
Sakioka Drive Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final design
and construction documents for pavement rehabilitation from Sunflower Boulevard to Anton Boulevard. This
four4ane divided street with a raised median is located in a residential area and developing area. For this 113
mile length, the pavement for three lanes is recommended to be overlaid and the pavement in one lane was
recommended to be reconstructed. We prepared a field survey, geotechnical investigation, pavement
reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the paperwork
required by the Caltrans Local Assistance Procedures Manual for federal funding. This included the
Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the
PS &E Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $730,000.
South Coast Drive Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final
design and construction documents for pavement rehabilitation from Carmel Drive to San Leandro Lane. This
two -lane street with a center turning lane is located in a residential area. The project involved complete
pavement reconstruction. We prepared a field survey, geotechnical investigation, pavement reconstruction
plans, specifications and estimates, and traffic engineering. We also prepared the paperwork required by the
Caltrans Local Assistance Procedures Manual for federal funding. This included the Preliminary
Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the PS &E
Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The project
was estimated to cost $1.30 million.
Superior Avenue Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final
design and construction documents for pavement rehabilitation from the City limits to Anaheim Avenue. This
two -lane street with a center turning lane is located in a busy commercial area. The project involved both
pavement overlay and complete reconstruction. We prepared a field survey, geotechnical investigation,
pavement reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the
paperwork required by the Caltrans Local Assistance Procedures Manual for federal funding. This included
the Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form,
the PS &E Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $1.63 million.
Kenneth Hahn Regional Park Expansion. Tatsumi and Partners, County of Los Angeles Department of
Parks and Recreation. Project Engineer responsible for all aspects of design through final PS &E.
Responsible for the coordination and preparation of the field survey, base mapping, site design and sub
consultant coordination. Project involved construction of new park access road, parking stalls, pedestrian
trails, reslroom building, tot lot and picnic areas. The site is an undeveloped portion of the existing park. The
project intent is to provide additional public use facilities while minimizing the impact to the existing native
plants and site topography. Design involved site grading, drainage, new utility services, and erosion control
plans.
FRANC 01S ZUGMEYER, P.E.
SENIOR ENGINEER
Civil Wo&-EF gimme
EDUCATION
Civil Engineering Degree, 1972, E.N.S.A.I. Strasbourg, France
PROFESSIONAL DATA
Professional Engineer Registered in California (It31046, 1979)
PROFESSIONAL AFFILIATIONS
American Society of Civil Engineers - Member, Past Chair of Hydrology & Hydraulics Tech. Group
EXPERIENCE OVERVIEW
Mr. Zugmeyer has over 30 years of experience water resources, transportation, public works and site
development. His experience in surface water and drainage projects includes hydrology, hydraulics, flood plain .
analyses, flood control, reservoir operation, storm drain design, water quality (SWPPP & BMPs), and water
resources planning. His experience in transportation projects includes geometric design, drainage, grading
and reports prepared to City and Caltrans standards for all phases of project development. His site
development experience includes survey basemapping and coordinate control, utility coordination, rough and
precise grading, drainage and storm water quality mitigation, and preparation of construction plans.
PROJECT EXPERIENCE
Mesa Drive / Irvine Avenue Intersection, City of Newport Beach, County of Orange. Protect Engineer.
Prepared improvement plans and drainage report for the Mesa Drive widening near its intersection to Irvine
Avenue. Project involved restriping Mesa Drive east of Irvine Avenue and widening Mesa Drive west of Irvine
Avenue. Street widening required retaining walls and the acquisition of right -of -way. Project will be included
with County of Orange Irvine Avenue Widening Project. Construction Cost was $450,000.
Corona del Mar State Beach, RobbinsJorgensenChristopher, City of Newport Beach. Project Engineer. The
project included demolition of existing bathroom facilities and concession buildings, reconstruction of the
entrance, ticket booth and associated landscaped islands, curb and sidewalk, two new bathroom facilities, a
new concession building with lifeguard facilities, and hardscape between the existing back of curb and
proposed perimeter seating wall. Provided civil engineering services related to the above tasks including
grading, drainage, curb & gutter, utilities and coordination with the architect.
Crean Mariners Branch Library, Thirtieth Street Architects, City of Newport Beach. Project Engineer.
Project involved the preparation of preliminary data for use in a funding application, prepared by the architect,
for library expansion. Prepared a site survey, an ALTA, a utility investigation and a composite plan. The
scope included preparation of a preliminary layout of the revised library with respect to the adjacent uses
consisting of an elementary school, a fire station, and tennis courts. Upon approval of the funding grant, civil
construction plans were prepared for tennis courts relocation, library site and parking lot, and park
improvements. The scope included demolition, grading, drainage, horizontal control, signage and utilities
coordination plans. Per the Library Bond Act Regulations, the project included three submittals, schematic
design plans, design development plans and final construction documents.
3 Drainage Improvement Projects, City of Yorba Linda. Proiect Engineer. Prepared final design and
construction documents for a new 24" storm drain on Yorba Linda Boulevard, between Avocado Avenue and
Ohio Street, to alleviate Flooding of the third westbound lane during a storm event. Estimated cost $182,000.
Prepared final design and construction documents for construction of rip rap and protection barrier trash rack
for existing 84" inlet near Hidden Hills Road and Mission Hills Lane - The existing rip rap is broken causing
erosion problems and vegetative growth. Estimated cost $70,000.
Prepared final design and construction documents for new 30" and 36" storm drain in Avenida Puesta Del Sal
between Via Del Rancho and Avenida Rio Del Oro to provide upstream drainage improvement to eliminate
localized flooding problems in a downstream residential neighborhood. Estimated cost $160,000.
1 -15 1 Palmdale Road Overcrossing, David Evans & Associates, Caltrans District 8. Project Engineer.
Prepared a combined PSR -PR and final engineering PS &E for this Minor A project for Caltrans. Project
involved the addition of new sidewalk on the southbound side of Palmdale Road throughout'the interchange
limits. Access ramps were required across the two loop-ramps. Caltrans recently constructed sidewalk and
access ramps for the northbound side. Project cost is estimated at $265,000.
Atlantic Boulevard Bridge Widening, PBS &J, City of Vernon, Project Engineer. Provided engineering
services for the Atlantic Boulevard Bridge widening in the City of Vernon. The project, included preparation of
a Location Hydraulic Study required by Caltrans to evaluated potential impact to existing drainage, preparation
of a Storm Water Data Report to review potential impacts to water quality, and a HEC -RAS hydraulic analysis
of the Los Angeles River to evaluate the impact of pier modification due to the structure widening. Project was
processed through Caltrans Local Assistance Procedures since it was funded through the HBRR program.
Hoag Hospital Lower Campus Project, Child Care Center, Bielski Ladowicz Architects, City of Newport
Beach. Project Engineer. Project involved the preparation of preliminary layout and civil portion of the
construction documents for the proposed Child Care Center. The scope included grading, drainage, horizontal
control, and utilities coordination plans
Wilson Street Pavement Rehabilitation, City of Costa Mesa. Protect Engineer. Preparation of final design
and construction documents for pavement rehabilitation from Fountain Way East to Harbor Boulevard. This
two -lane street with a center turning lane is located in a busy commercial and residential area. For this 1/4
mile length, the pavement is in disrepair and reconstruction was recommended. We prepared a field survey,
geotechnical investigation, pavement reconstruction plans, specifications and estimates, and traffic
engineering. We also prepared the paperwork required by the Caltrans Local Assistance Procedures Manual
for federal funding. This included the Preliminary Environmental Study, the Request for Authorization for
Construction, the Roadway Data Form, the PS &E Certification Form, the RAN Certification Form, the Finance
Letter, and the Construction Form. The project was estimated to cost $1.05 million.
Sakloka Drive Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final design
and construction documents for pavement rehabilitation from Sunflower Boulevard to Anton Boulevard. This
four -lane divided street with a raised median is located in a residential area and developing area. For this 1/3
mile length, the pavement for three lanes is recommended to be overlaid and the pavement in one lane was
recommended to be reconstructed. We prepared a field survey, geotechnical investigation, pavement
reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the paperwork
required by the Caltrans Local Assistance Procedures Manual for federal funding. This included the
Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the
PS &E Certification Form, the RAN Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $730,000.
DAVID GRANTHAM, P.E.
CIVIL ENGINEER
GWI Works Engiricers -
EDUCATION
B.S., 1996, Civil Engineering, California State Polytechnic University, Pomona, CA
PROFESSIONAL DATA
Registered Professional Engineer in California ( #59999, 2000)
Land Surveyor -in- Training ( #6401, 2002)
EXPERIENCE OVERVIEW
Mr. Grantham has over eleven years experience in public works improvement projects at all levels of planning,
design, and construction, lie has performed as project engineer on numerous site improvement projects,
street and intersection improvement projects, and major transportation projects. His street experience includes
pavement rehabilitation /reconstruction, realignments, widenings, intersections, storm drainage, utility
modifications and coordination, and survey control. He has also served as a design engineer on several
transportation projects which included the preparation of project reports, plans, specifications and cost
estimates meeting Caltrans requirements.
PROJECT EXPERIENCE
21st Street Improvements, City of Newport Beach. Protect Engineer for widening 21s' Street between Balboa
Boulevard and Court Street to convert the existing one -way street to two -way traffic, traffic signal modification,
and landscaping. Due to the widening of 21" Street, modification of the McFadden Place parking lot was
required. Modifications included reconfiguration of the parking stalls, relocation of the entrance and exit, and
drainage. Although the size of the parking lot decreased due to the street widening, the project was required
to maintain the same number of parking stalls. Project site is under the jurisdiction of both the City of Newport
Beach and the California Coastal Commission. A permit was required from the Coastal Commission prior to
starting construction. Costwas $285,000.
Mariners Village, City of Newport Beach, Caltrans District 12. Proiect Engineer. City previously developed
an overall four -phase concept plan for Mariners Village improvements consisting of landscaping, hardscape
aesthetics, and traffic calming. Phase 1 included the proposed landscaping amenities along Coast Highway.
This project involved the planting of 22 — 30 foot high Washingtonia Robusta palm trees along the north side of
Coast Highway from Riverside Drive to south of Tustin Avenue. Due to the limited public right of way, some of
the trees were planted within private property. Project involved replacement of sidewalk to provide space for
the trees and to place the irrigation line, relocation of traffic signal conduit, planting of trees and shrub,
permanent easements from 9 property owners, and thorough utility investigation. Construction was completed
in February 2004 at a cost of $250,000.
Lido Island Entry, NUVIS. Proiect Manager. The Lido Isle Homeowners Association sponsored a Lido Isle
Beautification Project. We supported the landscape architect responsible for the preparation of conceptual
and final design plans for construction of new median islands, reconfiguration of the existing street parking
layout, modification to the curb returns, and construction of new decorative roadway paving, Project also
involved geotechnical investigation to determine extent of pavement rehabilitation. Coordination with the City
of Newport Beach and the California Coastal Commission was required.
South Coast Drive Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final
design and construction documents for pavement rehabilitation from Carmel Drive to San Leandro Lane. This
two-lane street with a center turning lane is located in a residential area - The project involved complete
pavement reconstruction. We prepared a field survey, geotechnical investigation, pavement reconstruction
plans, specifications and estimates, and traffic engineering. We also prepared the paperwork required by the
Caltrans Local Assistance Procedures Manua( for federal funding. This included the Preliminary
Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the PS &E
Certification Form, the RNV Certification Form, the Finance Letter, and the Construction Form. The project
was estimated to cost $1.30 million.
Superior Avenue Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final
design and construction documents for pavement rehabilitation from the City limits to Anaheim Avenue. This
two -lane street with a center turning lane is located in a busy commercial. area. The project involved both
pavement overlay and complete reconstruction. We prepared a field survey, geotechnical investigation,
pavement reconstruction plans, specifications and estimates, and traffic engineering. We. also prepared the
paperwork required by the Caltrans Local Assistance Procedures Manual for federal funding. This included
the Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form,
the PS&E Certification Form, the RAN Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $1.63 million.
Pasco Rancho Castilla and Circle Drive, California Stale University, Los Angeles. Project Engineer for final
design plans for pavement rehabilitation for primary access road within the University_ Paseo Rancho Castilla
is used by both University traffic and the public traffic. The project evaluated cost tradeoffs between short term
and long term fix regarding pavement strategy. Construction cost for each street was $200,000.
SR -118 / First Street & SR -118 / Erringer Road Westbound Ramps Interchange Improvements, Forest
City Construction, Caltrans District 7, City of Simi Valley. Project Engineer. Project involved final design for
improving the interchanges at SR- 1181First Street and SR- 118 /Erringer Road in the City of Simi Valley. The
improvements were mitigation measures for the development of a new 600,000 square foot mall to the north of
the SR -118. At each interchange the project involved widening the local street, widening and /or
reconstructing the westbound off -ramps and the westbound loop on- ramps, installation of new traffic signals,
modification of existing traffic signals, utility relocations, and coordination with the City improvements adjacent
to the interchange. Fact sheets, encroachment permits, stormwater data reports, aerial deposited lead
reports, initial site assessment reports, geotechnical reports and right of way documents for both interchanges
were prepared and processed through the City and Caltrans. Cost estimates and specifications were also
prepared. Construction cost was $3.5 million.
Kenneth Hahn Regional Park Expansion. Tatsumi and Partners, County of Los Angeles Department of
Parks and Recreation. Proiect Engineer for construction of new park access road, parking stalls, pedestrian
trails, restroom building, lot lot and picnic areas. The site is an.undeveloped portion of the existing park. The
project intent is to provide additional public use facilities while minimizing the impact to the existing native
plants and site topography. Design involved site grading, drainage, new utility services, and erosion control
plans.
Mojave Park. NUVIS, City of Hesperia. Project Engineer for construction of new sports park and parking lot
as part of an adjacent residential development. The project involved construction of a new surface parking lot,
baseball field, soccer field, tot lot, pedestrian trails and picnic areas. Design involved site grading, drainage,
parking lot improvements, new utility services, and erosion control plans. Design of project was required to be
completed in two phases.
California State University, Fullerton, Parking Structure No. 2. International Parking Design, City of
Fullerton. Proiect Engineer responsible for all aspects of design through final PS &E. Project was a
design /build involving surface parking and site reconstruction of parking lot B surrounding the new multilevel
parking structure. The project involved storm drain relocations, sewer and fire water service construction,
construction of new pavement sections and parking islands, compliance with ADA access requirements, and
completion of a Storm Water Pollution Prevention Plan (SWPPP). Construction engineering services were
also provided.
Campus Road, California State University, Los Angeles. Project Engineer. Prepared final design plans for
pavement reconstruction and curb and gutter installation from Paseo Rancho Castilla to Circle Drive
(approximately 700 feet). Campus Road is the access roadway used by both University traffic and the public
traffic. The project also evaluated cost tradeoffs between short term and long term fix regarding pavement
strategy. Construction cost was $200,000.
Section 5 - Public Agency Work performed in last five years — continued
Proiects for Public Agencies with Former Firm — Same Staff
Client: City of Newport Beach
Project: 21st Street Improvements
Assignment: Final Design for Conversion to 2 -Way Traffic
Project:
Mariners Village Improvements
Assignment:
Final Design for Palm Trees on PCH
Client:
City of San Buenaventura
Project:
US -101 f California Street Northbound Off -Ramp Improvements
Assignment
Project Report
Client:
City of Yorba Linda
Project
Rose Drive Design Study
Assignment:
Design Study
Client:
OCTA
Project:
SR -91 Express Lanes, Preventive Pavement Maintenance Project
Assignment:
PS &E
Project:
SR -91 - Tustin Avenue to SR -55 Auxiliary Lane Addition
Assignment:
PSR
Section 5 - Public Agency Work performed in last five years
Client:
City of Buena Park
Project:
1 -5 Far North Widening Project
Assignment:
Engineering Review and Assistance
Client:
City of Yorba Linda
Project:
3 Drainage Improvement Projects
Assignment:
Final Design
Client:
City of Corona
Project:
f -15 Cajatco Road
Assignment:
Final Design for Roadway Restriping
Client:
City of Costa Mesa
Project:
Sakioka Drive
Assignment:
Final Design for Pavement Rehabilitation
Project:
Wilson Street
Assignment:
Final Design for Pavement Rehabilitation
Project: South Coast Drive
Assignment: Final Design for Pavement Rehabilitation
Project: Superior Avenue
Assignment: Final Design for Pavement Rehabilitation
Client:
City of Newport Beach
Project:
Mesa Orive f Irvine Avenue Intersection Improvements
Assignment:
Final Design for Intersection Improvements
Client:
City of San Buenaventura
Project:
California Street Arts /Aesthetics Improvements
Assignment:
Prepare RFP for Project
Client:
California State University, Los Angeles
Project:
Hillside Drive Sidewalk
Assignment
Final Design
Client:
California State University, Los Angeles
Project:
Parking Lot D Entrance Modification
Assignment:
Final Design
Client:
California State University, Los Angeles
Project:
Campus Road
Assignment:
Final Design for Pavement Rehabilitation
Client:
California State University, Los Angeles
Project:
Paseo Rancho Castilla and Circle Drive
Assignment:
Final Design for Pavement Rehabilitation
Section 6 — References
Municipal
Caltrans
Ms. Cindy Ouon
Mr. Fekade Mesfin District Director
Sr. Transportation Engr Caltrans, District 12
Caltrans, District 7 3337 Michelson Dr. 0380
100 S. Main Street Irvine, CA 92612
Los Angeles, CA 90012 (949) 440 -3440
(213) 897 -0096
Consultants
Mr. Ray Bragg
Mr. Jim Biery
Mr. Steve Badum
Community Svcs Director
Public'Works Director
Public Works Director
City of Fontana
City of Buena Park
City of Newport Beach
8353 Sierra Avenue
6650 Beach Blvd.
3300 Newport Blvd.
Fontana, CA 92335
Buena Park, CA 90622
Newport Beach, CA 92658
(909) 350 -7697
(714) 562 -3676
(949) 644 -3311
(909) 481 -5750
(949) 251 -9909
Mr. Bill Morris
Mr. John Ballas
Mr. Moharnmad Mostahkami
Director of Public, Services
City Engineer
Engineering Manager
City of Costa Mesa
City of Industry
City of South Gate
77 Fair Drive
15651 E. Stafford Street
8650 California Avenue
Costa Mesa, CA 92626
Industry, CA 91744
South Gate, CA 90280
(714) 754 -5298
(626) 333 -2211
(323) 563 -9582
Caltrans
Ms. Cindy Ouon
Mr. Fekade Mesfin District Director
Sr. Transportation Engr Caltrans, District 12
Caltrans, District 7 3337 Michelson Dr. 0380
100 S. Main Street Irvine, CA 92612
Los Angeles, CA 90012 (949) 440 -3440
(213) 897 -0096
Consultants
Developers
Mr. Richard Hart
Ms. Leslee Temple
Mr. Wei Koo
Vice President
Principal, Vice President
PBS &J
David Evans & Associates
NUVIS
625 The City Drive South
800 N. Haven Avenue
3151 Airway Ave., Suite J -3
Suite #200
Suite #300
Costa Mesa, CA 92626
Orange, CA 92868
Ontario, CA 91764
(714) 754 -7311
(714) 750 -7275
(909) 481 -5750
(949) 251 -9909
Developers
Mr. Jon Cantrell
Mr. Doug Cleary
Mr. Sam Veltri
Project Manager
Project Manager
Suncal Companies
Forest City Construction
Eclipse Development
2392 Morse Avenue
43812 Buena Vista Way
17802 Skypark Circle
Irvine, CA 92614
Lancaster, CA 93536
Suite #200
(949) 7774000
(661) 816 -1259
Irvine, CA 92614
(949) 251 -9909
CMI World Englncers
RATE SCHEDULE
PROFESSIONAL SERVICES
Principal
Project Manager
Senior Engineer
Engineer / Sr. Designer
Jr. Engineer 1 Designer
CADD Designer / Technician
Clerical / Admin Support
REIMBURSABLE EXPENSES
Reproduction
Consultant Services
Automobile Transportation
Computer Plots
Delivery, Freight, Courier
Agency Fees
Commercial Travel / Subsistence
3151 Airway Avenue
Suite S -2
Costa Mesa, CA 92626
HOURLY RATE f$1
$150.00
$140.00
$125.00
$105.00
$ 90.00
$ 80.00
$ 55.00
Cost
Cost plus 10%
$0.485 / mile
$ 1.50 / SF Bond
$ 2.001 SF Vellum
$ 3.001 SF Color
$ 4.001 SF Mylar
Cost
Cost
Cost
civjlw"13 Enginmrs
PROFESSIONAL SERVICES
Principal
Project Manager
Senior Engineer
Engineer
Senior Designer
Jr. Engineer
Designer
Jr. Designer
CADD Technician
Clerical / Admin Support
REIMBURSABLE EXPENSES
Reproduction
Consultant Services
Automobile Transportation
Computer Plots
Delivery, Freight, Courier
Agency Fees
Commercial Travel / Subsistence
SCHEDULE
Effective Through 6/30/11
3151 Airway Avenue
Suite S -2
Costa Mesa, CA 92626
HOURLY RATE ($)
$165.00
$150.00
$130.00
$115.00
$110.00
$ 95.00
$ 90.00
$ 80.00
$ 75.00
$ 60.00
Cost
Cost plus 10%
Current IRS Rate /Mile
$ 1.50 / SF Bond
$ 2.00 / SF Vellum
$ 3001 SF Color
$ 4.00 / SF Mylar
Cost
Cost
Cost
PROFESSIONAL SERVICES AGREEMENT WITH
SO CAL WALDEN, INC. DBA WALDEN & ASSOCIATES
FOR ON -CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and SO CAL WALDEN, INC., a California corporation doing
business as WALDEN & ASSOCIATES, whose address is 2552 White Road, Suite B,
Irvine, California ( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for civil engineering and surveying
services related to the City's Capital Improvement Programs.
C. City desires to engage Consultant to perform on -call civil engineering and /or
surveying services throughout the City on an as need basis ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be David L.
Bacon.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 315` day of March, 2011, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" civil engineering and survey services,
including but not limited to, planning, design, and construction management
1
related to the City's Capital Improvement Program. Upon verbal or written
request from the Project Administrator, Consultant shall provide a letter proposal
for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
2
Billing Rates attached hereto as Exhibit "A" and incorporated herein by
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
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 and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal 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 the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit A.
3
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 David L. Bacon 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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Dave
Webb shall be 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.
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 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
W
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
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 permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of 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
sole negligence, 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.
5
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
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 duly
authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
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
C^
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.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
2. 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.
3. 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
7
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.
4. 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:
1. 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.
2. 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.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. 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.
6. 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 (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Tmely 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 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
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon 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
E
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.
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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against 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.
10
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 to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work 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 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.
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.
11
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of 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:
Dave Webb
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3328
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
David L. Bacon
Walden & Associates
2552 White Road, Suite B
Irvine, CA 92614
Phone: 949 - 660 -0110
Fax: 949 - 660 -0418
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting 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 provision, 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
12
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 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, 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.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
13
35. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
36. 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.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
4dyneiYe D. e champ,
Assistant City torney
for the City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
M
Edward D. Selich,
Mayor
for the City of Newport Beach
SO CAL WALDEN, INC. DBA
WALDEN & ASSOCIATES:
By: By:
Leilani Brown,
City Clerk
for the City of Newport Beach
By:
Attachment: Exhibit A — Schedule of Billing Rates
14
David L. Bacon,
President
David W. Couch,
Chief Financial Officer
m
ov
0
FEE SCHEDULE
for
City of Newport Beach
Request for Qualifications
The following fees are effective through March 30, 2011
$160.00 /hr. for Principal
$140.00 /hr. for Project Manager
$125.00 1hr. for Project Engineer
$110.001hr. for Design Engineer(Land Surveyor
$95.00 /hr. for Engineer /Land Surveyor
$85.00 /hr. for Assistant Engineer /Designer /Land Surveyor
$80.00 /hr. for Cad Draftsman
$60. 00/hr. for Clerical /Processor
$175.00/hr. for 2 -man Survey Crew
$205.00 /hr. for 3 -man Survey Crew
$300.00 /hr Expert Witness Deposition and Trial Testimony
Reproduction, deliveries, additional insured endorsements and other reimbursables will be surcharged 10% and
billed in addition to the above fees.
PROFESSIONAL SERVICES AGREEMENT WITH
C & C ENGINEERING, INC. DBA CNC
FOR ON -CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and C & C ENGINEERING, INC., a California corporation doing
business as CNC, whose address is 1 Corporate Park, Suite 101, Irvine, California,
92606 ( "Consultant"), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for civil engineering services related to the
City's Capital Improvement Program.
C. City desires to engage Consultant to perform on -call civil engineering throughout
the City on an as need basis ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Cory A.
Bersch.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31St day of March, 2011, unless terminated earlier as set forth
herein.
1
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" civil engineering services, including but not
limited to, planning, design and construction management related to the City's
Capital Improvement Program. Upon verbal or written request from the Project
Administrator, Consultant shall provide a letter proposal for services requested
by the City (hereinafter referred to as the "Letter Proposal "). The Letter
Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control. .
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
2
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "A" and incorporated herein by
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
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 and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal 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 the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
3
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit A.
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 Corey A. Bersch
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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Dave
Webb shall be 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.
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 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
I
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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
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 permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of 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
sole negligence, 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
5
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
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 duly
authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
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.
6
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.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
2. 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.
7
3. 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.
4. 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:
1. 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.
2. 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.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. 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.
8
6. 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 (10 calendar days
written notice of non - payment of premium) 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 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
9
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon 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.
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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
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.
10
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and 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.
Nx9ii1101R]
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 to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work 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 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.
11
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 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, 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:
Dave Webb
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3328
Fax: 949 -644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Cory A. Bersch
CNC
1 Corporate Park, Suite 101
Irvine, CA 92606
Phone: 949- 863 -0588
Fax: 949 - 863 -0589
12
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting 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 provision, 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 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, 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.
13
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.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
36. 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.
37. 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.
14
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:
OynetW D. a h mp,
Assistant City At ney
for the City of Newport Beach
ATTEST:
Leilani Brown,
City Clerk
for the City of Newport Beach
CITY OF NEWPORT BEACH
A Municipal Corporation
Edward D. Selich,
Mayor
for the City of Newport Beach
SO CAL WALDEN, INC. DBA
CNC:
AN
Clement N. Calvillo,
President and
Chief Executive Officer
By:
Mary R. Cavillo,
Chief Financial Officer
Attachment: Exhibit A - Schedule of Billing Rates
15
-AC NC
ON -CALL CIVIL ENGINEERING SERVICES FOR THE CITY OF NEWPORT BEACH
SECTION 7 FEE SCHEDULE
STANDARD HOURLY FEE SCHEDULE
FOR PROFESSIONAL SERVICES
Nrotessional tnameerina Services
$175.00
Principal -in- Charge
$150.00
Senior Project Manager
$125.00
Project Manager
$110.00
Project Engineer
$ 90.00
Design Engineer
$ 75.00
AutoCAD Designer
$ 60.00
Administration
$ 50.00
Technician
vroressronai t-ieia Survey ana construction mspecuon services
$125.00
Survey Manager
$ 85.00
Project Surveyor
$110.00
One (1) Man Crew
$165.00
Two (2) Man Crew
$220.00
Three (3) Man Crew
$300.00
Four (4) Man Crew
$ 70.00
Survey Technician
$ 95.00
Senior Construction Inspector
$ 85.00
Construction Inspector
uirect
Photo Copies — Color $2.75 per page
Photo Copies — Black & White /Fax $0.25/1.70 per page
Plan Sheet Printing — In house bond /Mylar $1.75/5.00 per square foot
Subconsultant Services Actual cost + 15%
Subcontracted Services /Reproduction Actual cost + 15%
Federal Express, etc. Deliveries Actual cost
Communications (fax, telecommunications, etc..) Actual cost
Project Communication Fee $5.00/hour
An overtime premium multiplier of 1.5 will be applied to the billing rate of hourly personnel who
work overtime in order to meet a deadline, which cannot be met during normal hours. This will
be agreed to by both parties prior to implementation of this multiplier.
0 0 C-3lr13(K)
PROFESSIONAL SERVICES AGREEMENT WITH
CIVIL WORKS ENGINEERS FOR ON -CALL
ENGINEERING SERVICES
TJ
THIS AGREEMENT is made and entered into as of this "7Mday of
unit 200, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and CIVIL WORKS ENGINEERS, Inc., a California corporation,
whose address is 3151 Airway Avenue, Suite S -2, 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. City has a need for on -call assistance for engineering services related to the
proposed Fiscal Year 07/08 and 08109 Capital Improvement Programs.
C. City desires to engage Consultant to perform on -call engineering services
throughout the City on an as need basis.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of this Agreement, shall be
Marie Marston, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Calf' engineering services as described in the
Statement of Qualifications attached as Exhibit "A." Upon verbal or written
0 0
request from the Contract Administrator, Consultant shall provide a letter
proposal for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perforrn the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Contract Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for a specific 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 Contract Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Contract 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 telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
2
E
9
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Contract Administrator. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
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 and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal 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 the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of a specific project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
3
• •
5. CONTRACT MANAGER
Consultant shall designate a Contract Manager, who shall coordinate all phases
of the Agreement. This Contract Manager shall be available to City at all
reasonable times during the Agreement term. Consultant has designated Marie
Marston, P.E. to be its Contract Manager. Consultant shall not remove or
reassign the Contract Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to a specific 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 a specific 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 a specific project on a timely basis as contemplated by
this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Contract Administrator and shall have the authority
to act for City under this Agreement. The Contract 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 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
9 •
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
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 permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of 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
sole negligence, 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.
5
• 0
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
Contract Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Contract.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Contract Administrator in advance of all critical decision
points in order to ensure the Contract proceeds in a manner consistent with City
goals and policies.
13. PROGRESS
Consultant is. responsible for keeping the Contract Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
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
R
0 0
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.
1. Workers' Compensation Coverage, Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
2. 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.
3. 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
N
• 0
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.
4. 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:
1. 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.
2. 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.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. 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.
6. 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 (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
ri
! •
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 orjoint- 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 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
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon 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 contract. Any use of completed documents
for other contracts and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
M
0 0
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.
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 a specific project, for the completion of a
specific project by others, or for any other Contract, 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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. 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
10
0 •
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work 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 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.
23. 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 bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with a specific
project.
25. 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 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.
11
0 •
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of 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:
Michael J. Sinacori
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3342
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
CIVIL WORKS ENGINEERS
3151 Airway Avenue, Suite S -2
Costa Mesa, CA 92626
Phone: (714) 966 -9060
Fax: (714) 966 -9085
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting 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 provision, 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 and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
12
28. 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, regulations and permit requirements and be
subject to approval of the Contract Administrator and City.
29. 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.
30. 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.
31. 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.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. 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.
34. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
13
• •
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.
14
0 0
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: C fi��
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
for the City of Newro Beach
ATTEST: n CIVIL WORKS ENGINEERS:
By: ��J Gkit By:,/'it�I
LaV n e a "es, Marie Marston, P.E.
City Clerk
Title: President
t Print Name:
t, G4sOR�J
(Financial Officer)
Title: T�P�[ %J(641 i
Print Name: We "GAS Ind
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
F:l userslcatlsharedl ContractTemplatesPublishedonlntranet lFORMOnCallAgreement.doc
15
Statement of
Qualifications
Prepared for:
City of Newport Beach
Public Works
Civil Warta Engineers
$151 Airway Avenue Suite S -2
Costa Mesa, CA 92626
(714) 966 -906o
June 2007
Civil Works Engineers
June 12, 2007
City of Newport Beach
Michael Sinacori, P.E.
Principal Civil Engineer
3300 Newport Boulevard
Newport Beach, CA 92658
Dear Mr. Sinacori:
Thank you for considering Civil Works Engineers for the City's on -call civil engineering contract.
We are happy to provide our attached Statement of Qualifications (SOO) for further
consideration.
Civil Works Engineers has planned and designed a wide variety of public works infrastructure
projects including streets and freeways, drainage and storm water quality, as well as utilities and
grading for site improvements. We provide civil engineering services over this range of
disciplines at all levels of project development including initial planning, preliminary design
development, final design / construction documents, and construction engineering assistance.
Our SOO contains representative information about our firm for your review. Please call if you
have any questions or if you would like additional information.
1 Sincerely,
Marie Marston, P.E.
President
3151 Airway Avenue, Suite S -2 • Costa Mesa, CA 92626
p. 714.966.9060 • f. 714.966.9085
Exhibit A
E
1 Description of Services
0
i
Civil Works Engineers
' Description of Services Provided
' Civil Works Engineers, Inc. is a professional civil engineering consulting firm providing a broad range of
planning and design services for transportation, drainage, and site civil projects.
Tra wsportClUOK,
' Our transportation engineers are specialized in both freeway system facilities working with Caltrans and on
local street improvement projects working with municipalities and developers. Our staff has worked on
privately- funded Caltrans facilities improvements since 1983. Our projects range from simple road
' rehabilitations to complex reconstruction of interchanges. We maintain proficiency in the always evolving 4
phase Caltrans project development process including Project Study Reports, Project Reports, Plans
Specifications and Estimates, and construction engineering services. We also have considerable experience
' processing smaller state facility projects through the Caltrans encroachment permit process. In addition to the
more typical planning and design for transportation projects, we have assisted numerous clients with funding
assistance through research and preparation of funding applications at the local, state, and federal levels
including the HBRR program. Project and program management, cost estimating, and scheduling are
fundamental to these projects.
' Our site planning and design experience involves both public and private facilities including parks, office
buildings, hotels, parking structures, schools from K -12 and beyond, child care centers, retail centers, libraries,
and fire stations. We prepare the precise site grading and drainage design along with the appropriate utility
' modifications and/or coordination for tie -ins from the offsite utility facility to the onsite new facility. This
includes water and sewer connections and coordination with electrical, phone, and gas systems. Our work
includes schematic design, design development, construction documents, and engineering assistance during
construction.
'
Dratmane drainage experience includes complete project preparation from the project concept, evaluation of
'drainage impacts and local parameters to the development of drainage plans followed by construction. Most
projects involve an increase in impervious area resulting in an increase in storm water flows. Subsequently, the
additional quantity, direction, and quality of flow must be evaluated to determine the appropriate means of
discharge and the most suitable best management practices (BMPs). We prepare hydrology and hydraulic
'studies and reports, followed by implementation of the recommendations into final plans whether it consists of
modifications to existing systems or entirely new drainage systems. We also have extensive experience in
storm water handling including the preparation of Storm Water Data Reports as required by Caltrans, water
quality management plans for permanent BMPs after construction, and Storm Water Pollution Prevention Plans
(SWPPP) for temporary BMPs during construction.
1 Civil Works Engineers provides continuous client interaction to meet the project needs for schedule, funding,
and quality. We have maintained long -term clients over numerous years, demonstrating their satisfaction with
Civil Works Engineers' services.
Civil Works Engineers is a certified DBE/WBE/SBE
11
I 1 • •
1 Section 2 - Local Staffing List
' Marie Marston, P.E. — Principal Engineer
Francois Zugmeyer, P.E. — Senior Engineer/ Drainage Engineer
David Grantham, P.E. — Civil Engineer / Utility Engineer
' Alvaro Perez — Junior Engineer
Happi Loeb — Administrative Assistant
Section 3 - Advance Notice Requirements
Time commitments ultimately depend on the scope assigned to us and our current backlog.
Fluctuations in workload are dependent on the timing of staff involvement, the current ongoing
t activity of staff, the type and duration of proposed work assignment, and correspondingly the
personnel assigned (whether technical design or agency review /assistance), etc.
Although all of our proposed staff members are currently committed to other projects as would
be expected for any active consulting business, at this time, many of our projects are in
construction or are winding down affording us the ability to take on additional work.
If the City selects us for this on -call work, when the City contacts us with a specific project, we
will assess our workload and staffing capability at that time along with the City's project and
schedule requirements. We will inform the City if we can take on the project within our current
workload.
We have performed work for clients with design fees of a few thousand dollars to well over
$500,000. The expected effort for the City's proposed project and the desired schedule will
ultimately play the role in determining if we can take the project on. For our small firm, our
reputation is highly dependent upon delivery of a quality product within the expected time frame.
As such, we will be honest with the City of our ability to perform.
MARIE MARSTON, P.E.
' PRINCIPAL ENGINEER
CWH W«ks "iomm
EDUCATION
' B.S., 1980, Civil Engineering, Oregon State University
M.B.A., 1988, University of California, Irvine
' PROFESSIONAL DATA
Registered Professional Engineer in California (#38798, 1984)
PROFESSIONAL AFFILIATIONS
Women's Transportation Seminar — OC President 2004 -05, OC Treasurer 2001 -03, Member
American Society of Civil Engineers — Member, 1998 Chair of OC Transportation Tech Group
American Public Works Association — Member
' Newport Beach Arts Foundation — President, Past Treasurer
EXPERIENCE OVERVIEW
' Marie Marston, P.E., principal of Civil Works Engineers, Inc., has 27 years of professional civil engineering
experience. Her experience includes general infrastructure and public works improvement projects such as
transportation including streets and freeways, site improvements for commercial and public facilities, hydrology
and storm drains, right -of -way engineering, utility modifications, grading, retaining walls, as well'as providing
' funding applications assistance. Her experience covers projects from inception to completion including project
and program management, planning, design, and construction. She has experience in working with both the
public and private sector including cities, counties, state agencies, federal agencies, school districts,
universities, developers, and architectstengineers.
PROJECT EXPERIENCE
' 21st Street Improvements, City of Newport Beach. Project Manager for design for the widening of 218t Street
between Balboa Boulevard and Court Street. The purpose of the project was to provide two -way traffic (to an
existing one -way street). The project also involved traffic signal modification, landscaping, and reconfiguration
' to the McFadden Place parking lot. Modifications included reconfiguration of the parking stalls, relocation of
the entrance and exit, and drainage. Although the size of the parking lot decreased due to the street widening,
the project was required to maintain the same number of parking stalls. Project site is under the jurisdiction of
' both the City of Newport Beach and the California Coastal Commission. A permit was required from the
Coastal Commission prior to starting construction. The project completed construction prior to the busy
summer season of 2004 for a cost of $300,000.
' Mesa Drive / Irvine Avenue Intersection, City of Newport Beach, County of Orange. Proiect Manager.
Prepared alignment study, several conceptual alternatives, and the final design for intersection improvements
to provide dual westbound left turn lanes from westbound Mesa Drive to southbound Irvine Avenue. Project
involved restriping Mesa Drive east of Irvine Avenue and widening Mesa Drive west of Irvine Avenue. Street
widening required retaining walls and the acquisition of right -of -way. Project will be included with County of
Orange Irvine Avenue Widening Project.
Mariners Village Improvements, City of Newport Beach, Caltrans District 12. Proiect Manager. City
previously developed an overall four -phase concept plan for Mariners Village improvements consisting of
landscaping, hardscepe aesthetics, and traffic calming. Phase 1 included the proposed landscaping amenities
' along Coast Highway. This project involved the planting of 22 — 30 foot high Washingtonia Robusta palm
trees along the north side of Coast Highway from Riverside Drive to south of Tustin Avenue. Due to the
limited public right of way, some of the trees were planted within private property. Project involved
replacement of sidewalk to provide space for the trees and to place the irrigation line, relocation of traffic signal
' conduit, planting of trees and shrub, permanent easements from 9 property owners, and thorough utility
investigation. Construction was completed in February 2004 at a cost of $250,000.
I
0 •
' Corona del Mar State Beach, RobbinsJorgensenChristopher, City of Newport Beach. Protect Manager. The
project included demolition of existing bathroom facilities and concession buildings, reconstruction of the
entrance, ticket booth and associated landscaped islands, curb and sidewalk, two new bathroom facilities, a
new concession building with lifeguard facilities, and hardscape between the existing back of curb and
proposed perimeter seating wall. Provided civil engineering services related to the above tasks including
grading, drainage, curb & gutter, utilities and coordination with the architect.
' Crean Mariners Branch Library, Thirtieth Street Architects, City of Newport Beach. Proiect Manager.
Project involved the preparation of preliminary data for use in a funding application, prepared by the architect,
for library expansion. Prepared a site survey, an ALTA, utility investigation and composite plan, and a
preliminary layout of the revised library with respect to the adjacent uses consisting of an elementary school, a
park and softball field, a fire station, and tennis courts. Upon approval of the funding grant, we prepared the
civil construction plans for the tennis courts relocation, library site and parking lot, and park improvements
design including demolition, grading, drainage, horizontal control, utilities, and signage. Per the Library Bond
I' Act Regulations, the project included three submittals, schematic design plans, design development plans and
final construction documents. Also prepared the Water Quality Management Plan.
I' Lido Island Entry, NUVIS. Protect Manager. The Lido Isle Homeowners Association sponsored a Lido Isle
Beautification Project. We supported the landscape architect responsible for the preparation of conceptual
and final design plans for construction of new median islands, reconfiguration of the existing street parking
layout, modification to the curb returns, and construction of new decorative roadway paving. Project also
involved geotechnical investigation to determine extent of pavement rehabilitation. Coordination with the City
of Newport Beach and the California Coastal Commission was required. Estimated construction cost is
$385,000.
State Route 62 —New Sidewalks and Raised Median Islands Project Report, Willdan, Town of Yucca
Valley, Caltrans District 8. Project Manager. Preparation of a Project Report for construction of sidewalks and
raised median on the SR-62, Twenty Nine Palms Highway. The scope specifically included the preparation of
I' the text of the report, geometry exhibits, Right of Way Data Sheets, Storm Water Data Report and Location
Hydraulic Study. Project was funded by TCRP program and as a result was placed on hold during the state
budget crisis.
Hoag Hospital Lower Campus Project, Child Care Center, Bielski Ladowicz Architects, City of Newport
Beach. Project Manager. Project involved the preparation of preliminary layout and civil portion of the
construction documents for the proposed Child Care Center. The scope included grading, drainage, horizontal
■ control, and utilities coordination plans.
Wilson Street Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final design
and construction documents for pavement rehabilitation from Fountain Way East to Harbor Boulevard. This
two -lane street with a center turning lane is located in a busy commercial and residential area. For this 1/4
mile length, the pavement is in disrepair and reconstruction was recommended. We prepared a field survey,
geotechnical investigation, pavement reconstruction plans, specifications and estimates, and traffic
engineering. We also prepared the paperwork required by the Caltrans Local Assistance Procedures Manual
for federal funding. This included the Preliminary Environmental Study, the Request for Authorization for
Construction, the Roadway Data Form, the PS &E Certification Form, the RIW Certification Form, the Finance
Letter, and the Construction Form. The project was estimated to cost $1.05 million.
■ Sakioka Drive Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final design
and construction documents for pavement rehabilitation from Sunflower Boulevard to Anton Boulevard. This
four -lane divided street with a raised median is located in a residential area and developing area. For this 1/3
mile length, the pavement for three lanes is recommended to be overlaid and the pavement in one lane was
recommended to be reconstructed. We prepared a field survey, geotechnical investigation, pavement
reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the paperwork
' required by the Caltrans Local Assistance Procedures Manual for federal funding. This included the
Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the
PS &E Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The
' project was estimated to cost $730,000.
II
0 0
South Coast Drive Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final
design and construction documents for pavement rehabilitation from Carmel Drive to San Leandro Lane. This
two -lane street with a center turning lane is located in a residential area. The project involved complete
pavement reconstruction. We prepared a field survey, geotechnical investigation, pavement reconstruction
plans, specifications and estimates, and traffic engineering. We also prepared the paperwork required by the
Caltrans Local Assistance Procedures Manual for federal funding. This included the Preliminary
Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the PS &E
' Certification Form, the RIW Certification Form, the Finance Letter, and the Construction Form. The project
was estimated to cost $1.30 million.
' Superior Avenue Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final
design and construction documents for pavement rehabilitation from the City limits to Anaheim Avenue. This
two -lane street with a center turning lane is located in a busy commercial area. The project involved both
pavement overlay and complete reconstruction. We prepared a field survey, geotechnical investigation,
' pavement reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the
paperwork required by the Caltrans Local Assistance Procedures Manual for federal funding. This included
the Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form,
the PS &E Certification Form, the RAN Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $1.63 million.
Kenneth Hahn Regional Park Expansion. Tatsumi and Partners, County of Los Angeles Department of
' Parks and Recreation. Protect Engineer responsible for all aspects of design through final PS &E.
Responsible for the coordination and preparation of the field survey, base mapping, site design and sub
consultant coordination. Project involved construction of new park access road, parking stalls, pedestrian
trails, restroom building, tot lot and picnic areas. The site is an undeveloped portion of the existing park. The
' project intent is to provide additional public use facilities while minimizing the impact to the existing native
plants and site topography. Design involved site grading, drainage, new utility services, and erosion control
plans.
1
• FRA19(rOIS ZUGMEYER, P.E.
SENIOR ENGINEER
Civil Work¢ Engineers
EDUCATION
Civil Engineering Degree, 1972, E.N.S.A.I. Strasbourg, France
PROFESSIONAL DATA
Professional Engineer Registered in California (#31046, 1979)
PROFESSIONAL AFFILIATIONS
American Society of Civil Engineers — Member, Past Chair of Hydrology & Hydraulics Tech. Group
EXPERIENCE OVERVIEW
Mr. Zugmeyer has over 30 years of experience water resources, transportation, public works and site
development. His experience in surface water and drainage projects includes hydrology, hydraulics, flood plain
analyses, flood control, reservoir operation, storm drain design, water quality (SWPPP & BMPs), and water
resources planning. His experience in transportation projects includes geometric design, drainage, grading
and reports prepared to City and Caltrans standards for all phases of project development. His site
development experience includes survey basemapping and coordinate control, utility coordination, rough and
precise grading, drainage and storm water quality mitigation, and preparation of construction plans.
PROJECT EXPERIENCE
Mesa Drive ! Irvine Avenue Intersection, City of Newport Beach, County of Orange. Proiect Engineer.
Prepared improvement plans and drainage report for the Mesa Drive widening near its intersection to Irvine
Avenue. Project involved restriping Mesa Drive east of Irvine Avenue and widening Mesa Drive west of Irvine
Avenue. Street widening required retaining walls and the acquisition of right -of -way. Project will be included
with County of Orange Irvine Avenue Widening Project. Construction Cost was $450,000.
Corona del Mar State Beach, RobbinsJorgensenChristopher, City of Newport Beach. Proiect Engineer. The
project included demolition of existing bathroom facilities and concession buildings, reconstruction of the
entrance, ticket booth and associated landscaped islands, curb and sidewalk, two new bathroom facilities, a
new concession building with lifeguard facilities, and hardscape between the existing back of curb and
proposed perimeter seating wall. Provided civil engineering services related to the above tasks including
grading, drainage, curb & gutter, utilities and coordination with the architect.
Crean Mariners Branch Library, Thirtieth Street Architects, City of Newport Beach. Project Engineer.
Project involved the preparation of preliminary data for use in a funding application, prepared by the architect,
for library expansion. Prepared a site survey, an ALTA, a utility investigation and a composite plan. The
scope included preparation of a preliminary layout of the revised library with respect to the adjacent uses
consisting of an elementary school, a fire station, and tennis courts. Upon approval of the funding grant, civil
construction plans were prepared for tennis courts relocation, library site and parking lot, and park
improvements. The scope included demolition, grading, drainage, horizontal control, signage and utilities
coordination plans. Per the Library Bond Act Regulations, the project included three submittals, schematic
design plans, design development plans and final construction documents.
3 Drainage Improvement Projects, City of Yorba Linda. Project Engineer. Prepared final design and
construction documents for a new 24" storm drain on Yorba Linda Boulevard, between Avocado Avenue and
Ohio Street, to alleviate flooding of the third westbound lane during a storm event. Estimated cost $182,000.
Prepared final design and construction documents for construction of rip rap and protection barrier trash rack
for existing 84" inlet near Hidden Hills Road and Mission Hills Lane. The existing rip rap is broken causing
erosion problems and vegetative growth. Estimated cost $70,000.
Prepared final design and construction documents for new 30" and 36" storm drain in Avenida Puesta Del Sol
between Via Del Rancho and Avenida Rio Del Oro to provide upstream drainage improvement to eliminate
localized flooding problems in a downstream residential neighborhood. Estimated cost $160,000.
iI • •
I' 1 -15 I Palmdale Road Overcrossing, David Evans & Associates, Caltrans District S. Project Enaineer.
Prepared a combined PSR -PR and final engineering PS &E for this Minor A project for Caltrans. Project
' involved the addition of new sidewalk on the southbound side of Palmdale Road throughout the interchange
limits. Access ramps were required across the two loop ramps. Caltrans recently constructed sidewalk and
access ramps for the northbound side. Project cost is estimated at $265,000.
' Atlantic Boulevard Bridge Widening, PBS &J, City of Vernon, Proiect Engineer. Provided engineering
services for the Atlantic Boulevard Bridge widening in the City of Vernon. The project included preparation of
a Location Hydraulic Study required by Caltrans to evaluated potential impact to existing drainage, preparation
' of a Storm Water Data Report to review potential impacts to water quality, and a HEC -RAS hydraulic analysis
of the Los Angeles River to evaluate the impact of pier modification due to the structure widening. Project was
processed through Caltrans Local Assistance Procedures since it was funded through the HBRR program.
' Hoag Hospital Lower Campus Project, Child Care Center, Bielski Ladowicz Architects, City of Newport
Beach. Project Engineer. Project involved the preparation of preliminary layout and civil portion of the
construction documents for the proposed Child Care Center. The scope included grading, drainage, horizontal
M control, and utilities coordination plans.
Wilson Street Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final design
and construction documents for pavement rehabilitation from Fountain Way East to Harbor Boulevard. This
two -lane street with a center turning lane is located in a busy commercial and residential area. For this 114
mile length, the pavement is in disrepair and reconstruction was recommended. We prepared a field survey,
geotechnical investigation, pavement reconstruction plans, specifications and estimates, and traffic
engineering. We also prepared the paperwork required by the Caltrans Local Assistance Procedures Manual
for federal funding. This included the Preliminary Environmental Study, the Request for Authorization for
Construction, the Roadway Data Form, the PS &E Certification Form, the RAW Certification Form, the Finance
Letter, and the Construction Form. The project was estimated to cost $1.05 million.
Saktoka Drive Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final design
and construction documents for pavement rehabilitation from Sunflower Boulevard to Anton Boulevard. This
four -lane divided street with a raised median is located in a residential area and developing area. For this 113
mile length, the pavement for three lanes is recommended to be overlaid and the pavement in one lane was
recommended to be reconstructed. We prepared a field survey, geotechnical investigation, pavement
reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the paperwork
required by the Caltrans Local Assistance Procedures Manual for federal funding. This included the
Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the
PS &E Certification Form, the R1W Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $730,000.
• DA t GRANTHAM, P.E.
CIVIL ENGINEER
Civil Works Engineers
EDUCATION
B.S., 1996, Civil Engineering, California State Polytechnic University, Pomona, CA
PROFESSIONAL DATA
Registered Professional Engineer in California (#59999, 2000)
Land Surveyor -In- Training (#6401, 2002)
EXPERIENCE OVERVIEW
Mr. Grantham has over eleven years experience in public works improvement projects at all levels of planning,
design, and construction. He has performed as project engineer on numerous site improvement projects,
street and intersection improvement projects, and major transportation projects. His street experience includes
pavement rehabilitation /reconstruction, realignments, widenings, intersections, storm drainage, utility
modifications and coordination, and survey control. He has also served as a design engineer on several
transportation projects which included the preparation of project reports, plans, specifications and cost
estimates meeting Caltrans requirements.
PROJECT EXPERIENCE
21st Street Improvements, City of Newport Beach. Project Engineer for widening 216t Street between Balboa
Boulevard and Court Street to convert the existing one -way street to two-way traffic, traffic signal modification,
and landscaping. Due to the widening of 21s` Street, modification of the McFadden Place parking lot was
required. Modifications included reconfiguration of the parking stalls, relocation of the entrance and exit, and
drainage. Although the size of the parking lot decreased due to the street widening, the project was required
to maintain the same number of parking stalls. Project site is under the jurisdiction of both the City of Newport
Beach and the California Coastal Commission. A permit was required from the Coastal Commission prior to
starting construction. Cost was $285,000.
Mariners Village, City of Newport Beach, Caltrans District 12. Project Engineer. City previously developed
an overall four -phase concept plan for Mariners Village improvements consisting of landscaping, hardscape
aesthetics, and traffic calming. Phase 1 included the proposed landscaping amenities along Coast Highway.
This project involved the planting of 22 — 30 foot high Washingtonia Robusta palm trees along the north side of
Coast Highway from Riverside Drive to south of Tustin Avenue. Due to the limited public right of way, some of
the trees were planted within private property. Project involved replacement of sidewalk to provide space for
the trees and to place the irrigation line, relocation of traffic signal conduit, planting of trees and shrub,
permanent easements from 9 property owners, and thorough utility investigation. Construction was completed
in February 2004 at a cost of $250,000.
Lido Island Entry, NUVIS. Project Manager. The Lido Isle Homeowners Association sponsored a Lido Isle
Beautification Project. We supported the landscape architect responsible for the preparation of conceptual
and final design plans for construction of new median islands, reconfiguration of the existing street parking
layout, modification to the curb returns, and construction of new decorative roadway paving. Project also
involved geotechnical investigation to determine extent of pavement rehabilitation. Coordination with the City
of Newport Beach and the California Coastal Commission was required.
South Coast Drive Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final
design and construction documents for pavement rehabilitation from Carmel Drive to San Leandro Lane. This
two -lane street with a center turning lane is located in a residential area. The project involved complete
pavement reconstruction. We prepared a field survey, geotechnical investigation, pavement reconstruction
plans, specifications and estimates, and traffic engineering. We also prepared the paperwork required by the
Caltrans Local Assistance Procedures Manual for federal funding. This included the Preliminary
Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the PS &E
Certification Form, the RIW Certification Form, the Finance Letter, and the Construction Form. The project
was estimated to cost $1.30 million.
' 0 0
' Superior Avenue Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final
design and construction documents for pavement rehabilitation from the City limits to Anaheim Avenue. This
two -lane street with a center turning lane is located in a busy commercial area. The project involved both
' pavement overlay and complete reconstruction. We prepared a field survey, geotechnical investigation,
pavement reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the
paperwork required by the Caltrans Local Assistance Procedures Manual for federal funding. This included
the Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form,
the PS &E Certification Form, the RM Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $1.63 million.
' Paseo Rancho Castilla and Circle Drive, California State University, Los Angeles. Project Engineer for final
design plans for pavement rehabilitation for primary access road within the University. Paseo Rancho Castilla
is used by loth University traffic and the public traffic. The project evaluated cost tradeoffs between short term
and long term fix regarding pavement strategy. Construction cost for each street was $200,000.
SR -118 / First Street & SR -118 / Erringer Road Westbound Ramps Interchange Improvements, Forest
' City Construction, Caltrans District 7, City of Simi Valley. Project Engineer. Project involved final design for
improving the interchanges at SR- 118 /First Street and SR- 118 /Erringer Road in the City of Simi Valley. The
improvements were mitigation measures for the development of a new 600,000 square foot mall to the north of
the SR -118. At each interchange the project involved widening the local street, widening and /or
' reconstructing the westbound off -ramps and the westbound loop on- ramps, installation of new traffic signals,
modification of existing traffic signals, utility relocations, and coordination with the City improvements adjacent
to the interchange. Fact sheets, encroachment permits, stormwater data reports, aerial deposited lead
reports, initial site assessment reports, geotechnical reports and right of way documents for both interchanges
were prepared and processed through the City and Caltrans. Cost estimates and specifications were also
prepared. Construction cost was $3.5 million.
' Kenneth Hahn Regional Park Expansion. Tatsumi and Partners, County of Los Angeles Department of
Parks and Recreation. Project Engineer for construction of new park access road, parking stalls, pedestrian
trails, restroom building, tot lot and picnic areas. The site is an undeveloped portion of the existing park. The
project intent is to provide additional public use facilities while minimizing the impact to the existing native
' plants and site topography. Design involved site grading, drainage, new utility services, and erosion control
plans.
' Mojave Park. NUVIS, City of Hesperia. Project En ig neer for construction of new sports park and parking lot
as part of an adjacent residential development. The project involved construction of a new surface parking lot,
baseball field, soccer field, tot lot, pedestrian trails and picnic areas. Design involved site grading, drainage,
parking lot improvements, new utility services, and erosion control plans. Design of project was required to be
completed in two phases.
California State University, Fullerton, Parking Structure No. 2. International Parking Design, City of
Fullerton. Project Engineer responsible for all aspects of design through final PS &E. Project was a
design/build involving surface parking and site reconstruction of parking lot B surrounding the new multilevel
parking structure. The project involved storm drain relocations, sewer and fire water service construction,
construction of new pavement sections and parking islands, compliance with ADA access requirements, and
' completion of a Storm Water Pollution Prevention Plan (SWPPP). Construction engineering services were
also provided.
Campus Road, California State University, Los Angeles. Project Engineer. Prepared final design plans for
pavement reconstruction and curb and gutter installation from Paseo Rancho Castilla to Circle Drive
(approximately 700 feet). Campus Road is the access roadway used by both University traffic and the public
traffic. The project also evaluated cost tradeoffs between short term and long term fix regarding pavement
strategy. Construction cost was $200,000.
Section 5 - Public Agency Work performed in last rive years
Client:
City of Buena Park
Project:
1 -5 Far North Widening Project
Assignment:
Engineering Review and Assistance
Client:
City of Yorba Linda
Project:
3 Drainage Improvement Projects
Assignment:
Final Design
Client:
City of Corona
Project:
1 -15 Cajalco Road
Assignment:
Final Design for Roadway Restriping
Client:
City of Costa Mesa
Project:
Sakioka Drive
Assignment:
Final Design for Pavement Rehabilitation
Project:
Wilson Street
Assignment:
Final Design for Pavement Rehabilitation
Project:
South Coast Drive
Assignment:
Final Design for Pavement Rehabilitation
Project:
Superior Avenue
Assignment:
Final Design for Pavement Rehabilitation
Client:
City of Newport Beach
Project:
Mesa Drive / Irvine Avenue Intersection Improvements
Assignment:
Final Design for Intersection Improvements
Client:
City of San Buenaventura
Project:
California Street Arts/Aesthetics Improvements
Assignment:
Prepare RFP for Project
Client:
California State University, Los Angeles
Project:
Hillside Drive Sidewalk
Assignment:
Final Design
Client:
California State University, Los Angeles
Project:
Parking Lot D Entrance Modification
Assignment:
Final Design
Client:
California State University, Los Angeles
Project:
Campus Road
Assignment:
Final Design for Pavement Rehabilitation
Client:
California State University, Los Angeles
Project:
Paseo Rancho Castilla and Circle Drive
Assignment:
Final Design for Pavement Rehabilitation
. • 0
' Section 5 - Public Agency Work Performed in last five years — continued
Projects for Public Agencies with Former Firm — Same Staff
'
Client:
City of Newport Beach
Project:
21st Street Improvements
Assignment:
Final Design for Conversion to 2 -Way Traffic
' Project:
Mariners Village Improvements
Assignment:
Final Design for Palm Trees on PCH
' Client:
City of San Buenaventura
Project:
US -101 / California Street Northbound Off -Ramp Improvements
Assignment.,
Project Report
Client:
City of Yorba Linda
Project:
Rose Drive Design Study
Assignment:
Design Study
'
Client:
OCTA
Project:
SR -91 Express Lanes, Preventive Pavement Maintenance Project
' Assignment:
PS &E
Project:
SR -91 - Tustin Avenue to SR -55 Auxiliary Lane Addition
' Assignment:
PSR
E
Section 6 — References
0
' Municipal
Mr. Richard Hart
Ms. Leslee Temple
Mr. Wei Koo
Mr. Ray Bragg
Mr. Jim Biery
Mr. Steve Badum
Community Svcs Director
Public Works Director
' Public Works Director
City of Fontana
City of Buena Park
City of Newport Beach
8353 Sierra Avenue
6650 Beach Blvd.
3300 Newport Blvd.
Fontana, CA 92335
Buena Park, CA 90622
Newport Beach, CA 92658
(909) 350 -7697
(714) 562 -3676
'
(949) 644 -3311
Mr. Bill Morris
Mr. John Ballas
' Mr. Mohammad Mostahkami
Director of Public Services
City Engineer
Engineering Manager
City of Costa Mesa
City of Industry
City of South Gate
77 Fair Drive
15651 E. Stafford Street
8650 California Avenue
Costa Mesa, CA 92626
Industry, CA 91744
'
South Gate, CA 90280
(714) 754 -5298
(626) 333 -2211
(323) 563 -9582
' Caltrans
Ms. Cindy Quon
Mr. Fekade Mesfin
District Director
Sr. Transportation Engr
Caltrans, District 12
Caltrans, District 7
3337 Michelson Dr. #380
100 S. Main Street
Irvine, CA 92612
' Los Angeles, CA 90012
(949) 440 -3440
(213) 897 -0096
Consultants
Developers
Mr. Richard Hart
Ms. Leslee Temple
Mr. Wei Koo
Vice President
Principal, Vice President
PBS &J
David Evans & Associates
NUVIS
625 The City Drive South
800 N. Haven Avenue
3151 Airway Ave., Suite J -3
Suite #200
Suite #300
Costa Mesa, CA 92626
Orange, CA 92868
Ontario, CA 91764
(714) 754 -7311
(714) 750 -7275
(909)481 -5750
(949) 251 -9909
Developers
Mr. Jon Cantrell
Mr. Doug Cleary
Mr. Sam Veltri
Project Manager
Project Manager
Suncal Companies
Forest City Construction
Eclipse Development
2392 Morse Avenue
43812 Buena Vista Way
17802 Skypark Circle
Irvine, CA 92614
Lancaster, CA 93536
Suite #200
(949) 7774000
(661) 816 -1259
Irvine, CA 92614
(949) 251 -9909
V-4
.' •
Exhibit B
Fee Schedule
J
Civil Works Engineers
RATE SCHEDULE
PROFESSIONAL SERVICES
Principal
Project Manager
Senior Engineer
Engineer/ Sr. Designer
Jr. Engineer/ Designer
CADD Designer / Technician
Clerical / Admin Support
REIMBURSABLE EXPENSES
Reproduction
Consultant Services
Automobile Transportation
Computer Plots
Delivery, Freight, Courier
Agency Fees
Commercial Travel / Subsistence
3151 Airway Avenue
Suite 5 -2
Costa Mesa, CA 92626
HOURLY RATE I$1
$150.00
$140.00
$125.00
$105.00
$ 90.00
$ 80.00
$ 55.00
Cost
Cost plus 10%
$0.4851 mile
$ 1.50 / SF Bond
$ 2.00 / SF Vellum
$ 3.00 / SF Color
$ 4.00 / SF Mylar
Cost
Cost
Cost
Fax #: • 0
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 7 -17 -07
Date Completed: 7 -20 -07 Sent
Company /Person required to have certificate:
1. GENERAL LIABILITY
-Dept. /Contact Received From: Shauna Oyler
o: Shauna By: April Walker
Civil Works Eneineers
A.
INSURANCE COMPANY: Fidelity & Guaranty Ins. Co.
B.
AM BEST RATING (A: VII or greater): A+ XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
2mi1 agg/1 mil occ
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
® Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
H.
CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording?
❑ Yes ® No
1.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
II. AUTOMOBILE
LIABILITY
A.
INSURANCE COMPANY: Fidelity & Guaranty Ins. Co.
B.
AM BEST RATING (A: VII or greater): A+ XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M min. BI & PD and $500,000 UM):
What is limits provided?
1 mil
E.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
® Yes ❑ No
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A
❑ Yes ❑ No
G.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Travelers Casualty Ins. Co.
B. AM BEST RATING (A: VII or greater): A+ XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included?
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® Yes ❑ No
® Yes ❑ No
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
June 26. 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Michael J. Sinacori, P.E.
949 - 644 -3342 or msinacori @city.newport - beach.ca.us
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH PROJECT PARTNERS, INC. FOR ON -CALL
CONSTRUCTION INSPECTION SERVICES AND APPROVAL OF
PROFESSIONAL SERVICES AGREEMENTS WITH CIVIL WORKS
ENGINEERS, INC. AND TRAFFIC CONTROL ENGINEERING, INC.,
FOR ON -CALL ENGINEERING SERVICES
RECOMMENDATIONS:
1. Approve Amendment No. 1 to the Professional Services Agreement with Project
Partners, Inc. for on -call construction inspection services and authorize the
Mayor and City Clerk to execute the Amendment.
2. Approve a Professional Services Agreement with Civil Works Engineers, Inc. for
on -call civil engineering services and authorize the Mayor and City Clerk to
execute the Agreements.
3. Approve a Professional Services Agreement with Traffic Control Engineering,
Inc., for on -call traffic control engineering services and authorize the Mayor and
City Clerk to execute the Agreements.
DISCUSSION:
On June 28, 2005 the City Council approved a Professional Services Agreement with
Project Partners, Inc. to provide as needed on -call construction inspection services
regularly required for many Capital Improvement Program (CIP) projects. The on -call
agreement was developed to avoid a great number of small but time - consuming
Professional Services Agreements (PSA's) between the City and consultants to
accomplish these on -going project tasks.
Over the last two years, this on -call PSA has proven to be very effective and efficient.
Project Partners, Inc. has performed construction inspection services for numerous
projects for the City over the past two years along with oversight for many of the
Encroachment Permits. The anticipated need for these services in the upcoming fiscal
Approval of an Amendment to On -Call Professional Services Agreement with Project Partners
And On Call Professional Services Agreement with Civil Works Engineers and Traffic Control Engineering, Inc.
June 26, 2007
Page 2
year will require an Amendment to the PSA which is set to expire on June 30, 2007.
This firm has provided exceptional high quality service on numerous projects. Rates
included in the Amendment are competitive and in line with industry standards.
In addition, it is anticipated that supplemental civil engineering and traffic control
engineering services will be required to assist the department in completing the many
projects over the next year. The proposed Fiscal Year 2007108 Capital Improvements
Program (CIP) budget is estimated at more than $37 million and includes over 100
projects. Civil Works Engineering and TCE have also performed well previously under
contracts with the City and as the designated subcontractor to design firms on larger
projects. Rates included in these agreements are competitive and in line with industry
standards.
Staff recommends approval of the attached amendment to extend the agreement with
Project Partners and authorization of new PSA's with Civil Works Engineers, Inc. and
Traffic Control Engineering (TCE). The Amendment and PSA's will have two year
terms and rates will remain consistent during the time. If the scope of services exceeds
$30,000, prior approval from City Council will be required.
Environmental Review:
Environmental clearances will be completed for each Capital Improvement Project.
Funding Availabilitv:
Funds for these services will be available in each of the specific project accounts within
the City Council approved Capital Improvement Program.
Prepared by:
Mich6el J. Sinacori, P.E.
Principal Civil Engineer
Submitted by:
m G. Badum
Works Director
Attachment: Amendment No. 1 with Project Partners, Inc.
On -Call Professional Services Agreement with Civil Works Engineering
On -Call Professional Services Agreement with Traffic Control Engineering
Amendment No. 1
with Project Partners, Inc.
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH PROJECT PARTNERS, INC.
FOR ON -CALL CONSTRUCTION INSPECTION SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2007, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
PROJECT PARTNERS, INC. a California corporation whose address is 18301 Von
Karman Avenue, Suite 340, Irvine, CA 92612 ( "Consultant'), and is made with
reference to the following:
RECITALS
A. On August 24th, 2005, CITY and CONSULTANT entered into an On -Call
Professional Services Agreement, hereinafter referred to as "Agreement',
for Construction Inspection Services to assist the City in executing its
Capital Improvement Program. This Agreement is scheduled to expire on
June 30th, 2007.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to June 301h, 2009.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall perform various construction inspection services
pursuant to this Amendment No. 1 and according to the Request to
Extend On -Call Services Agreement dated April 13, 2007, attached hereto
as Exhibit A.
2. Compensation to the Consultant for for services performed pursuant to
this Amendment No. 1 for all work performed from July 1, 2007 to June
30, 2009, including all reimburseable items and subconsultant fees, shall
be based on the attached Schedule of Billing Rates (Exhibit B).
3. The term of the Agreement shall be extended to June 30, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By: r_-_— C, TT Oot_'.
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
PROJECT PARTNERS, INC.
By:
(President)
Title:
Print Name:
By:
(Financial Officer)
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Shedule of Billing Rates
f: luserslpbwlsharedlagreementslfy 07 -081on -call serviceslproject partners amendment.doc
F Project
Partners
Michael Sinacori
Principal Civil Engineer
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658
Re: Request for Extended On -Call Services Contract
Dear Mike:
"Partners in Building Engineering Careers and Teams"
www.projeetpartners.com
Exhibit A
April 13, 2007
Project Partners is submitting this request to extend our On -Call Services contract and is
excited about the opportunity to continue to provide the City of Newport Beach (City) with
superior construction inspection services. We are a civil engineering firm that specializes in
providing public sector organizations with onsite engineering and construction support services.
We understand the importance of your projects and the need to ensure that careful construction
observation is conducted. Project Partners is ideally suited for your projects for the following
reasons.
• Proven Track Record Providing Inspection Service to The City Of Newport Beach
• Proven Experience On A Wide Variety Of Construction Inspection Projects
• Proven Experience Representing Public.Sector Agencies
Description of Inspection Services
Project Partners inspection services includes the following two areas; Construction Inspection
and Construction Contract Administration. Both are explained below.
Construction Inspection. Construction inspection shall include the documentation, on a
daily basis, the events and progress made by awarded construction contractor and the
documentation of potential extra work items needed for successful construction
completion. The construction inspector will also assist with coordination between with
the public and other agencies affected by the construction.
Construction Contract Administration. Construction Contract Administration duties will
include the tracking of the project's schedule and budget, receiving and processing of
change orders and assisting with change order negotiations. Duties will also include
project coordination, correspondence, and the processing of progress payments.
Again, I would like to thank you for considering our services and should you have any questions
or desire additional information, please do not hesitate to call at any time. I will serve as the
firm's principal firm contact.
Sincer y,
Im ook, .E.
Project Part rs, Inc.
18301 Von Karnnan Avenue
Suite 340
Irvine, CA 92612
phone 949.852.9300
fax 949.852.9322
Local Staffing List
No change in staff dedicated to City of Newport Beach.
Project Partne II co tinue our commitment to dedicate Mr. Nick Godinez to be
our primary a Inspector for the City of Newport Beach. Mr. Godinez has a well
proven trac ord with the City Newport Beach. He has proven to work very
effectively with all parties involved in the City's construction process; the City's
Public Works Department, the fine citizens of Newport Beach, and various
contractor selected by the City. Furthermore, he has an in -depth understanding of
procedures, policies and philosophy of the City and had demonstrated his ability to
implement them effectively.
Our other senior inspectors are strong options as well. Their qualifications include
a Over 20 Years Of Professional Public Works Inspection
• Worked extensively for Public Sector Agencies
• Extensive Experience In All Aspects Of Inspection and inspection
documentation
Y Proven Experience In Effectively Representing The Public Sector
New Addition to Local Staff Listed
Below please find a partial listing of our engineering and inspection resources. All
individuals are local and could be made available for the City. We have added a
new inspection resource the pool available to the City. He is Mr. Raul Garcia, a
senior inspector with over 20 year of municipal experience.
Name
Position
Inspection Staff
Nick Godinez
inspector
Raul Garcia (New)
I Senior Inspector
Long Nguyen
JInspector
Engineering Staff
Kimo Look
Principal Engineer
Ray Hahn
Senior Engineer
Maryam Ramsey
Senior Engineer
Project Partners Additional Information foi As- Needed Construction Inspection Services
section 1 Pagel
r
New Advance Notice Requirements
There are no new advance requirement notices.
Project Partners continues to have an excellent ability to meet the City of Newport
Beach's inspection needs with very little notice. We not only have a full staff of
inspectors, we also have stand -by inspectors who we can call to effectively meet
the City's needs.
Resumes of New Key Personnel
Project Partners was added another senior inspection resource to our company.
The resume of Mr. Raul Garcia is follows on Addendum A.
Billing Rates for July 2007 through June 2009.
Project Partners Billing rates are found on Addendum B. Hourly billing rates for Mr.
Godinez for July 1 2007 thru June 30, 2009 will be $74.00.
Proieci Partners Additional information foi As- Needed Constniction Inspection Services
Section 1 Page 2
"Partners in Building Innovative Project Teams"
Raul Garcia
Project Level
Senior Public Works Inspector
Qualifications
• Over 20 Years Professional Experience As an Inspector
• Proven Experience Working With City of Ontario
• Familiar with Ontario's City Standard Plans and Specification
• Extensive Familiarity of Green Book Standards
• Extensive Experience Representing Municipalities in Public Works Projects
• Strong Understanding Of All Track Development Inspection
• Proven Experience As A Senior Public Works Inspector
• Team Player
Inspection Experience & Projects
Over 20 years of experience performing Public Works construction inspections to ensure
compliance with approved plans and specifications for all public works construction primarily
within City of Santa Ana's right -of -way and for private developments, overseeing grading
operation, construction of underground utilities which include water, sewer, electrical
infrastructure, storm drain infrastructures, above ground structures, equipping of sites, road
construction consisting of curb, gutter, sidewalk and landscaping.
Proven experience with processing conditions of approval for developed and undeveloped
projects; evaluating developer construction cost estimates for bonding and permit fees;
collaborate with other departments within the City, local, state, and federal government
agencies, attending and updating status at necessary progress meeting.
Areas of experience and expertise include:
Street Improvements — Street reconstruction
Concrete and Asphalt
Pavement overly
Slurry Seal Projects - (both long ton and short ton)
Sidewalk, Driveways, Curbs, and Gutter
Landscaping
Underground Utilities - Sewer and Storm Sewer
Project Partners Additional Information for As- Needed Construction Lnspec; ion Services
Atldendum A Page
Project Partners
Raul Garcia
Summary of Qualifications
Page 2
Domestic Water
Telecommunications
Electrical Lighting — Both Street and Park Lighting
Landscape / Irrigation — including block planters, landscaping water mains and sprinklers
Traffic — Signals
Stripping
Encroachment & Public Utility Permits
Inspection Tasks consisted of:
— Onsite inspection & daily Logs
— Monitoring compliance with plans specifications, Cal -OSHA and labor codes
— Project record - keeping and correspondence
— Change order /claims documentation and review
— Progress payment generation
— Interfacing with designers, outside agency, personnel, utility personnel and the
public
— Submittal review
— Fair cost estimates
— Various other managerial, administrative and engineering tasks
Specific Experience
Project Partners, Irvine, CA
Senior Inspector
Currently assisting City of Moreno Valley Development Track inspection. Responsible
for over ongoing 20 active track developments throughout city. Construction activity
included street construction, traffic signals, stripping, and traffic signage.
City of Ontario with inspection of installation of Verizon underground conduits.
Inspection included overseeing work being conducted by 31 contractor work teams
thoroughout the developments in the southern section of Ontario. Copnstruction activity
included directional boring, pot - holing, concrete pours, asphalt paving, and site
restoration and clean up.
City of Santa Ana, Santa Ana, CA
Senior Inspector
Project Partners
Raul Garcia
Summary of Qualifications
Page 3
Retired from City of Santa Ana with over 20 years of inspection experience, Mr. Garcia
has done considerable amount of work on a large variety of Public works projects.
Education
1962 Santa Ana College & Rancho Santiago College, Santa Ana, CA
Continuing Education Program in construction
Addendum 8 Exhibit B
Project Partners' Billing Rate
Standard Billing Rate
July 1 2007 thru June 30, 2009
Engineering Title
Bill Rates
Engineering
Entry Level Engineer
$
66.50
Assistant Engineer
$
70.75
Associate Engineer
$
77.00
Sta Engineer
$
82.50
Project Management
Project Engineer
$
89.50
Associate Project Manager
$
95.25
Project Manager
$
99.75
Senior Project Manager 1
$
105.25
Senior Project Manager II
$
110.00
Senior Project Manager III
$
114.75
Specialist
Engineering Specialist
$
107.25
Engineering Specialist
$
109.75
Engineering Specialist
$
113.50
Program Management
Program Manager 1
$
129.50
Program Manager II
$
133.75
Program Manager III
$
142.00
Inspectors
Associate Inspector
$
60.25
Inspector
$
74.00
Senior Inspector
$
92.50
Engineering Tech /CAD /GIS
Entry Level Engineering Tech
$
53.50
Engineering Tech
$
62.50
Senior Engineering Tech
$
70.50
Professional Services
Agreement
with Civil Works Engineering
PROFESSIONAL SERVICES AGREEMENT WITH
CIVIL WORKS ENGINEERS FOR ON -CALL
ENGINEERING SERVICES
THIS AGREEMENT is made and entered into as of this day of
,200, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and CIVIL WORKS ENGINEERS, Inc., a California corporation,
whose address is 3151 Airway Avenue, Suite S -2, 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. City has a need for on -call assistance for engineering services related to the
proposed Fiscal Year 07108 and 08109 Capital Improvement Programs.
C. City desires to engage Consultant to perform on -call engineering services
throughout the City on an as need basis.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of this Agreement, shall be
Marie Marston, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Calf' engineering services as described in the
Statement of Qualifications attached as Exhibit "A." Upon verbal or written
request from the Contract Administrator, Consultant shall provide a letter
proposal for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Contract Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for a specific 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 Contract Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Contract 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 telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
2
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Contract Administrator. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
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 and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal 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 the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of a specific project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
3
5. CONTRACT MANAGER
Consultant shall designate a Contract Manager, who shall coordinate all phases
of the Agreement. This Contract Manager shall be available to City at all
reasonable times during the Agreement term. Consultant has designated Marie
Marston, P.E. to be its Contract Manager. Consultant shall not remove or
reassign the Contract Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to a specific 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 a specific 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 a specific project on a timely basis as contemplated by
this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Contract Administrator and shall have the authority
to act for City under this Agreement. The Contract 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 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
51
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
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 permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of 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
sole negligence, 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.
E
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
Contract Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Contract.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Contract Administrator in advance of all critical decision
points in order to ensure the Contract proceeds in a manner consistent with City
goals and policies.
13. PROGRESS
Consultant is-responsible for keeping the Contract Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coveraqe. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
2. 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.
3. 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
7
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.
4. 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:
1. 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.
2. 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.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. 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.
6. 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 (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
0
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 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
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon 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 contract. Any use of completed documents
for other contracts and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
M
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.
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 a specific project, for the completion of a
specific project by others, or for any other Contract, 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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. 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
10
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work 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 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.
23. 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with a specific
project.
25. 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 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.
11
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of 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:
Michael J. Sinacori
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3342
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
CIVIL WORKS ENGINEERS
3151 Airway Avenue, Suite S -2
Costa Mesa, CA 92626
Phone: (714) 966 -9060
Fax: (714) 966 -9085
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting 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 provision, 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 and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
WA
28. 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, regulations and permit requirements and be
subject to approval of the Contract Administrator and City.
29. 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.
30. 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.
31. 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.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. 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.
34. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
13
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.
14
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
LIM
Mayor
for the City of Newport Beach
CIVIL WORKS ENGINEERS:
Marie Marston, P.E.
Title: President
Print Name:
(Financial Officer)
Title:
Print Name
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
F: luserslcatlshared \ContractTemplatesPublishedon IntraneAFORMOnCallAgreement.doc
15
Civil Works Engineers
June 12. 2007
City of Newport Beach
Michael Sinacori, P.E.
Principal Civil Engineer
3300 Newport Boulevard
Newport Beach, CA 92658
Dear Mr. Sinacori:
Thank you for considering Civil Works Engineers for the City's on -call civil engineering contract.
We are happy to provide our attached Statement of Qualifications (SOQ) for further
consideration.
Civil Works Engineers has planned and designed a wide variety of public works infrastructure
projects including streets and freeways, drainage and storm water quality, as well as utilities and
grading for site improvements. We provide civil engineering services over this range of
disciplines at all levels of project development including initial planning, preliminary design
development, final design / construction documents, and construction engineering assistance.
Our SOO contains representative information about our firm for your review. Please call if you
have any questions or if you would like additional information.
Sincerely,
Marie Marston, P.E.
President
3151 Airway Avenue, Suite S -2 - Costa Mesa, CA 92626
p. 714.966.9060 • f. 714.966.9085
Exhibit A
Description of Services
Civil Works Engineers
Description of Services Provided
Civil Works Engineers, Inc. is a professional civil engineering consulting firm providing a broad range of
planning and design services for transportation, drainage, and site civil projects.
Tra wspoYUtkw
Our transportation engineers are specialized in both freeway system facilities working with Caltrans and on
local street improvement projects working with municipalities and developers. Our staff has worked on
privately- funded Caltrans facilities improvements since 1983. Our projects range from simple road
rehabilitations to complex reconstruction of interchanges. We maintain proficiency in the always evolving 4
phase Caltrans project development process including Project Study Reports, Project Reports, Plans
Specifications and Estimates, and construction engineering services. We also have considerable experience
processing smaller state facility projects through the Caltrans encroachment permit process. In addition to the
more typical planning and design for transportation projects, we have assisted numerous clients with funding
assistance through research and preparation of funding applications at the local, state, and federal levels
including the HBRR program. Project and program management, cost estimating, and scheduling are
fundamental to these projects.
site
Our site planning and design experience involves both public and private facilities including parks, office
buildings, hotels, parking structures, schools from K -12 and beyond, child care centers, retail centers, libraries,
and fire stations. We prepare the precise site grading and drainage design along with the appropriate utility
modifications and /or coordination for tie -ins from the offsite utility facility to the onsite new facility. This
includes water and sewer connections and coordination with electrical, phone, and gas systems. Our work
includes schematic design, design development, construction documents, and engineering assistance during
construction.
D- Ntvt,A
Our drainage experience includes complete project preparation from the project concept, evaluation of
drainage impacts and local parameters to the development of drainage plans followed by construction. Most
projects involve an increase in impervious area resulting in an increase in storm water flows. Subsequently, the
additional quantity, direction, and quality of flow must be evaluated to determine the appropriate means of
discharge and the most suitable best management practices (BMPs). We prepare hydrology and hydraulic
studies and reports, followed by implementation of the recommendations into final plans whether it consists of
modifications to existing systems or entirely new drainage systems. We also have extensive experience in
storm water handling including the preparation of Storm Water Data Reports as required by Caltrans, water
quality management plans for permanent BMPs after construction, and Storm Water Pollution Prevention Plans
(SWPPP) for temporary BMPs during construction.
Civil Works Engineers provides continuous client interaction to meet the project needs for schedule, funding,
and quality. We have maintained longterm clients over numerous years, demonstrating their satisfaction with
Civil Works Engineers'services.
Civil Works Engineers is a certified DBE/WBE/SBE
Section 2 - Local Staffing List
Marie Marston, P.E. — Principal Engineer
Francois Zugmeyer, P.E. — Senior Engineer / Drainage Engineer
David Grantham, P.E. — Civil Engineer / Utility Engineer
Alvaro Perez — Junior Engineer
Happi Loeb — Administrative Assistant
Section 3 -Advance Notice Reauirements
Time commitments ultimately depend on the scope assigned to us and our current backlog.
Fluctuations in workload are dependent on the timing of staff involvement, the current ongoing
activity of staff, the type and duration of proposed work assignment, and correspondingly the
personnel assigned (whether technical design or agency review /assistance), etc.
Although all of our proposed staff members are currently committed to other projects as would
be expected for any active consulting business, at this time, many of our projects are in
construction or are winding down affording us the ability to take on additional work.
If the City selects us for this on -call work, when the City contacts us with a specific project, we
will assess our workload and staffing capability at that time along with the City's project and
schedule requirements. We will inform the City if we can take on the project within our current
workload.
We have performed work for clients with design fees of a few thousand dollars to well over
$500,000. The expected effort for the City's proposed project and the desired schedule will
ultimately play the role in determining if we can take the project on. For our small firm, our
reputation is highly dependent upon delivery of a quality product within the expected time frame.
As such, we will be honest with the City of our ability to perform.
MARIE MARSTON, P.E.
PRINCIPAL ENGINEER
Civil Worlm Eng incem
EDUCATION
B.S., 1980, Civil Engineering, Oregon State University
M.B.A., 1988, University of California, Irvine
PROFESSIONAL DATA
Registered Professional Engineer in California ( #38798, 1984)
PROFESSIONAL AFFILIATIONS
Women's Transportation Seminar — OC President 2004 -05, OC Treasurer 2001 -03, Member
American Society of Civil Engineers — Member, 1998 Chair of OC Transportation Tech Group
American Public Works Association — Member
Newport Beach Arts Foundation — President, Past Treasurer
EXPERIENCE OVERVIEW
Marie Marston, P.E., principal of Civil Works Engineers, Inc., has 27 years of professional civil engineering
experience. Her experience includes general infrastructure and public works improvement projects such as
transportation including streets and freeways, site improvements for commercial and public facilities, hydrology
and storm drains, right -of -way engineering, utility modifications, grading, retaining walls, as well as providing
funding applications assistance. Her experience covers projects from inception to completion including project
and program management, planning, design, and construction. She has experience in working with both the
public and private sector including cities, counties, state agencies, federal agencies, school districts,
universities, developers, and architectsiengineers.
PROJECT EXPERIENCE
21st Street Improvements, City of Newport Beach. Project Manager for design for the widening of 21st Street
between Balboa Boulevard and Court Street. The purpose of the project was to provide two -way traffic (to an
existing one -way street). The project also involved traffic signal modification, landscaping, and reconfiguration
to the McFadden Place parking lot. Modifications included reconfiguration of the parking stalls, relocation of
the entrance and exit, and drainage. Although the size of the parking lot decreased due to the street widening,
the project was required to maintain the same number of parking stalls. Project site is under the jurisdiction of
both the City of Newport Beach and the California Coastal Commission. A permit was required from the
Coastal Commission prior to starting construction. The project completed construction prior to the busy
summer season of 2004 for a cost of $300,000.
Mesa Drive 1 Irvine Avenue Intersection, City of Newport Beach, County of Orange. Project Manager.
Prepared alignment study, several conceptual alternatives, and the final design for intersection improvements
to provide dual westbound left turn lanes from westbound Mesa Drive to southbound Irvine Avenue. Project
involved restriping Mesa Drive east of Irvine Avenue and widening Mesa Drive west of Irvine Avenue. Street
widening required retaining walls and the acquisition of right -of -way. Project will be included with County of
Orange Irvine Avenue Widening Project.
Mariners Village Improvements, City of Newport Beach, Caltrans District 12. Project Manager. City
previously developed an overall four -phase concept plan for Mariners Village improvements consisting of
landscaping, hardscape aesthetics, and traffic calming. Phase 1 included the proposed landscaping amenities
along Coast Highway. This project involved the planting of 22 — 30 foot high Washingtonia Robusta palm
trees along the north side of Coast Highway from Riverside Drive to south of Tustin Avenue. Due to the
limited public right of way, some of the trees were planted within private property. Project involved
replacement of sidewalk to provide space for the trees and to place the irrigation line, relocation of traffic signal
conduit, planting of trees and shrub, permanent easements from 9 property owners, and thorough utility
investigation. Construction was completed in February 2004 at a cost of $250,000.
Corona del Mar State Beach, RobbinsJorgensenChristopher, City of Newport Beach. Project Manager. The
project included demolition of existing bathroom facilities and concession buildings, reconstruction of the
entrance, ticket booth and associated landscaped islands, curb and sidewalk, two new bathroom facilities, a
new concession_ building with lifeguard facilities, and hardscape between the existing back of curb and
proposed perimeter seating wall. Provided civil engineering services related to the above tasks including
grading, drainage, curb & gutter, utilities and coordination with the architect.
Crean Mariners Branch Library, Thirtieth Street Architects, City of Newport Beach. Proiect Manager.
Project involved the preparation of preliminary data for use in a funding application, prepared by the architect,
for library expansion. Prepared a site survey, an ALTA, utility investigation and composite plan, and a
preliminary layout of the revised library with respect to the adjacent uses consisting of an elementary school, a
park and softball field, a fire station, and tennis courts. Upon approval of the funding grant, we prepared the
civil construction plans for the tennis courts relocation, library site and parking lot, and park improvements
design including demolition, grading, drainage, horizontal control, utilities, and signage. Per the Library Bond
Act Regulations, the project included three submittals, schematic design plans, design development plans and
final construction documents.. Also prepared the Water Quality Management Plan.
Lido Island Entry, NUVIS. Project Manager. The Lido Isle Homeowners Association sponsored a Lido Isle
Beautification Project. We supported the landscape architect responsible for the preparation of conceptual
and final design plans for construction of new median islands, reconfiguration of the existing street parking
layout, modification to the curb returns, and construction of new decorative roadway paving. Project also
involved geotechnical investigation to determine extent of pavement rehabilitation. Coordination with the City
of Newport Beach and the California Coastal Commission was required. Estimated construction cost is
$385,000.
State Route 62 —New Sidewalks and Raised Median Islands Project Report, Willdan, Town of Yucca
Valley, Caltrans District 8. Project Manager. Preparation of a Project Report for construction of sidewalks and
raised median on the SR -62, Twenty Nine Palms Highway. The scope specifically included the preparation of
the text of the report, geometry exhibits, Right of Way Data Sheets, Storm Water Data Report and Location
Hydraulic Study. Project was funded by TCRP program and as a result was placed on hold during the state
budget crisis.
Hoag Hospital Lower Campus Project, Child Care Center, Bielski Ladowicz Architects, City of Newport
Beach. Project Manager. Project involved the preparation of preliminary layout and civil portion of the
construction documents for the proposed Child Care Center. The scope included grading, drainage, horizontal
control, and utilities coordination plans.
Wilson Street Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final design
and construction documents for pavement rehabilitation from Fountain Way East to Harbor Boulevard. This
two -lane street with a center turning lane is located in a busy commercial and residential area. For this 114
mile length, the pavement is in disrepair and reconstruction was recommended. We prepared a field survey,
geotechnical investigation, pavement reconstruction plans, specifications and estimates, and traffic
engineering. We also prepared the paperwork required by the Caltrans Local Assistance Procedures Manual
for federal funding. This included the Preliminary Environmental Study, the Request for Authorization for
Construction, the Roadway Data Form, the PS &E Certification Form, the R/W Certification Form, the Finance
Letter, and the Construction Form. The project was estimated to cost $1.05 million.
Sakioka Drive Pavement Rehabilitation, City of Costa Mesa. Project Manager. Preparation of final design
and construction documents for pavement rehabilitation from Sunflower Boulevard to Anton Boulevard. This
four -lane divided street with a raised median is located in a residential area and developing area. For this 113
mile length, the pavement for three lanes is recommended to be overlaid and the pavement in one lane was
recommended to be reconstructed. We prepared a field survey, geotechnical investigation, pavement
reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the paperwork
required by the Caltrans Local Assistance Procedures Manual for federal funding. This included the
Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the
PS &E Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $730,000.
South Coast Drive Pavement Rehabilitation, City of Costa Mesa. Proiect Manager. Preparation of final
design and construction documents for pavement rehabilitation from Carmel Drive to San Leandro Lane. This
two -lane street with a center turning lane is located in a residential area. The project involved complete
pavement reconstruction. We prepared a field survey, geotechnical investigation, pavement reconstruction
-.plans, specifications and estimates, and traffic engineering. We also prepared the paperwork required by the
Caltrans Local Assistance Procedures Manual for federal funding. This included the Preliminary
Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the PS &E
Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The project
was estimated to cost $1.30 million.
Superior Avenue Pavement Rehabilitation, City of Costa Mesa. Proiect Manager. Preparation of final
design and construction documents for pavement rehabilitation from the City limits to Anaheim Avenue. This
two -lane street with a center turning lane is located in a busy commercial area. The project involved both
pavement overlay and complete reconstruction. We prepared a field survey, geotechnical investigation,
pavement reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the
paperwork required by the Caltrans Local Assistance Procedures Manual for federal funding. This included
the Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form,
the PS &E Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $1.63 million.
Kenneth Hahn Regional Park Expansion. Tatsumi and Partners, County of Los Angeles Department of
Parks and Recreation. Project Engineer responsible for all aspects of design through final PS &E.
Responsible for the coordination and preparation of the field survey, base mapping, site design and sub
consultant coordination. Project involved construction of new park access road, parking stalls, pedestrian
trails, restroom building, tot lot and picnic areas. The site is an undeveloped portion of the existing park. The
project intent is to provide additional public use facilities while minimizing the impact to the existing native
plants and site topography. Design involved site grading, drainage, new utility services, and erosion control
plans.
FRANfeOIS ZUGMEYER, P.E.
SENIOR ENGINEER
Civil Works Engineers
EDUCATION
Civil Engineering Degree, 1972, E.N.S.A.I. Strasbourg, France
PROFESSIONAL DATA
Professional Engineer Registered in California ( #31046, 1979)
PROFESSIONAL AFFILIATIONS
American Society of Civil Engineers — Member, Past Chair of Hydrology & Hydraulics Tech. Group
EXPERIENCE OVERVIEW
Mr. Zugmeyer has over 30 years of experience water resources, transportation, public works and site
development. His experience in surface water and drainage projects includes hydrology, hydraulics, flood plain
analyses, flood control, reservoir operation, storm drain design, water quality (SWPPP & BMPs), and water
resources planning. His experience in transportation projects includes geometric design, drainage, grading
and reports prepared to City and Caltrans standards for all phases of project development. His site
development experience includes survey basemapping and coordinate control, utility coordination, rough and
precise grading, drainage and storm water quality mitigation, and preparation of construction plans.
PROJECT EXPERIENCE
Mesa Drive / Irvine Avenue Intersection, City of Newport Beach, County of Orange. Project Engineer.
Prepared improvement plans and drainage report for the Mesa Drive widening near its intersection to Irvine
Avenue. Project involved restriping Mesa Drive east of Irvine Avenue and widening Mesa Drive west of Irvine
Avenue. Street widening required retaining walls and the acquisition of right -of -way. Project will be included
with County of Orange Irvine Avenue Widening Project. Construction Cost was $450,000.
Corona del Mar State Beach, RobbinsJorgensenChristopher, City of Newport Beach. Proiect Engineer. The
project included demolition of existing bathroom facilities and concession buildings, reconstruction of the
entrance, ticket booth and associated landscaped islands, curb and sidewalk, two new bathroom facilities, a
new concession building with lifeguard facilities, and hardscape between the existing back of curb and
proposed perimeter seating wall. Provided civil engineering services related to the above tasks including
grading, drainage, curb & gutter, utilities and coordination with the architect.
Crean Mariners Branch Library, Thirtieth Street Architects, City of Newport Beach. Project Engineer.
Project involved the preparation of preliminary data for use in a funding application, prepared by the architect,
for library expansion. Prepared a site survey, an ALTA, a utility investigation and a composite plan. The
scope included preparation of a preliminary layout of the revised library with respect to the adjacent uses
consisting of an elementary school, a fire station, and tennis courts. Upon approval of the funding grant, civil
construction plans were prepared for tennis courts relocation, library site and parking lot, and park
improvements. The scope included demolition, grading, drainage, horizontal control, signage and utilities
coordination plans. Per the Library Bond Act Regulations, the project included three submittals, schematic
design plans, design development plans and final construction documents.
3 Drainage Improvement Projects, City of Yorba Linda. Proiect Engineer. Prepared final design and
construction documents for a new 24" storm drain on Yorba Linda Boulevard, between Avocado Avenue and
Ohio Street, to alleviate flooding of the third westbound lane during a storm event. Estimated cost $182,000.
Prepared final design and construction documents for construction of rip rap and protection barrier trash rack
for existing 84" inlet near Hidden Hills Road and Mission Hills Lane. The existing rip rap is broken causing
erosion problems and vegetative growth. Estimated cost $70,000.
Prepared final design and construction documents for new 30" and 36" storm drain in Avenida Puesta Del Sol
between Via Del Rancho and Avenida Rio Del Oro to provide upstream drainage improvement to eliminate
localized flooding problems in a downstream residential neighborhood. Estimated cost $160,000.
1 -15 / Palmdale Road Overcrossing, David Evans & Associates, Caltrans District 8. Project Engineer.
Prepared a combined PSR -PR and final engineering PS &E for this Minor A project for Caltrans. Project
involved the addition of new sidewalk on the southbound side of Palmdale Road throughout the interchange
limits. Access ramps were required across the two loop ramps. Caltrans recently constructed sidewalk and
access ramps for the northbound side. Project cost is estimated at $265,000.
Atlantic Boulevard Bridge Widening, PBS &J, City of Vernon, Project Engineer. Provided engineering
services for the Atlantic Boulevard Bridge widening in the City of Vernon. The project included preparation of
a Location Hydraulic Study required by Caltrans to evaluated potential impact to existing drainage, preparation
of a Storm Water Data Report to review potential impacts to water quality, and a HEC -RAS hydraulic analysis
of the Los Angeles River to evaluate the impact of pier modification due to the structure widening. Project was
processed through Caltrans Local Assistance Procedures since it was funded through the HBRR program.
Hoag Hospital Lower Campus Project, Child Care Center, Bielski Ladowicz Architects, City of Newport
Beach. Project Engineer. Project involved the preparation of preliminary layout and civil portion of the
construction documents for the proposed Child Care Center. The scope included grading, drainage, horizontal
control, and utilities coordination plans.
Wilson Street Pavement Rehabilitation, City of Costa Mesa. Proiect Engineer. Preparation of final design
and construction documents for pavement rehabilitation from Fountain Way East to Harbor Boulevard. This
two -lane street with a center turning lane is located in a busy commercial and residential area. For this 1/4
mile length, the pavement is in disrepair and reconstruction was recommended. We prepared a field survey,
geotechnical investigation, pavement reconstruction plans, specifications and estimates, and traffic
engineering. We also prepared the paperwork required by the Caltrans Local Assistance Procedures Manual
for federal funding. This included the Preliminary Environmental Study, the Request for Authorization for
Construction, the Roadway Data Form, the PS &E Certification Form, the RAN Certification Form, the Finance
Letter, and the Construction Form. The project was estimated to cost $1.05 million.
Sakioka Drive Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final design
and construction documents for pavement rehabilitation from Sunflower Boulevard to Anton Boulevard. This
four -lane divided street with a raised median is located in a residential area and developing area. For this 1/3
mile length, the pavement for three lanes is recommended to be overlaid and the pavement in one lane was
recommended to be reconstructed. We prepared a field survey, geotechnical investigation, pavement
reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the paperwork
required by the Caltrans Local Assistance Procedures Manual for federal funding. This included the
Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the
PS &E Certification Form, the R/W Certification Form, the Finance Letter, and the Construction Form. The
project was estimated to cost $730,000.
DAVID GRANTHAM, P.E.
CIVIL ENGINEER
Civil Worla Enginmm
EDUCATION
B.S., 1996, Civil Engineering, California State Polytechnic University, Pomona, CA
PROFESSIONAL DATA
Registered Professional Engineer in California ( #59999, 2000)
Land Surveyor -In- Training (#6401, 2002)
EXPERIENCE OVERVIEW
Mr. Grantham has over eleven years experience in public works improvement projects at all levels of planning,
design, and construction. He has performed as project engineer on numerous site improvement projects,
street and intersection improvement projects, and major transportation projects. His street experience includes
pavement rehabilitationtreconstruction, realignments, widenings, intersections, storm drainage, utility
modifications and coordination, and survey control. He has also served as a design engineer on several
transportation projects which included the preparation of project reports, plans, specifications and cost
estimates meeting Caltrans requirements.
PROJECT EXPERIENCE
21st Street Improvements, City of Newport Beach. Project Engineer for widening 21st Street between Balboa
Boulevard and Court Street to convert the existing one -way street to two -way traffic, traffic signal modification,
and landscaping. Due to the widening of 21st Street, modification of the McFadden Place parking lot was
required. Modifications included reconfiguration of the parking stalls, relocation of the entrance and exit, and
drainage. Although the size of the parking lot decreased due to the street widening, the project was required
to maintain the same number of parking stalls. Project site is under the jurisdiction of both the City of Newport
Beach and the California Coastal Commission. A permit was required from the Coastal Commission prior to
starting construction. Cost was $285,000.
Mariners Village, City of Newport Beach, Caltrans District 12. Proiect Engineer. City previously developed
an overall four -phase concept plan for Mariners Vlllage improvements consisting of landscaping, hardscape
aesthetics, and traffic calming. Phase 1 included the proposed landscaping amenities along Coast Highway.
This project involved the planting of 22 — 30 foot high Washingtonia Robusta palm trees along the north side of
Coast Highway from Riverside Drive to south of Tustin Avenue. Due to the limited public right of way, some of
the trees were planted within private property. Project involved replacement of sidewalk to provide space for
the trees and to place the irrigation line, relocation of traffic signal conduit, planting of trees and shrub,
permanent easements from 9 property owners, and thorough utility investigation. Construction was completed
in February 2004 at a cost of $250,000.
Lido Island Entry, NUVIS. Project Manager. The Lido Isle Homeowners Association sponsored a Lido Isle
Beautification Project. We supported the landscape architect responsible for the preparation of conceptual
and final design plans for construction of new median islands, reconfiguration of the existing street parking
layout, modification to the curb returns, and construction of new decorative roadway paving. Project also
involved geotechnical investigation to determine extent of pavement rehabilitation. Coordination with the City
of Newport Beach and the California Coastal Commission was required.
South Coast Drive Pavement Rehabilitation, City of Costa Mesa. Prolect Engineer. Preparation of final
design and construction documents for pavement rehabilitation from Carmel Drive to San Leandro Lane. This
two -lane street with a center turning lane is located in a residential area. The project involved complete
pavement reconstruction. We prepared a field survey, geotechnical investigation, pavement reconstruction
plans, specifications and estimates, and traffic engineering. We also prepared the paperwork required by the
Caltrans Local Assistance Procedures Manual for federal funding. This included the Preliminary
Environmental Study, the Request for Authorization for Construction, the Roadway Data Form, the PS &E
Certification Form, the RIW Certification Form, the Finance Letter, and the Construction Form. The project
was estimated to cost $1.30 million.
Superior Avenue Pavement Rehabilitation, City of Costa Mesa. Project Engineer. Preparation of final
design and construction documents for pavement rehabilitation from the City limits to Anaheim Avenue. This
two -lane street with a center turning lane is located-in a busy commercial area. The project involved both
pavement overlay and complete reconstruction. We prepared a field survey, geotechnical investigation,
pavement reconstruction plans, specifications and estimates, and traffic engineering. We also prepared the
paperwork required by the Caltrans Local Assistance Procedures Manual for federal funding. This included
the Preliminary Environmental Study, the Request for Authorization for Construction, the Roadway Data Form,
the PS &E Certification Form, the RAW Certification Forrn, the Finance Letter, and the Construction Form. The
project was estimated to cost $1.63 million.
Paseo Rancho Castilla and Circle Drive, California State University, Los Angeles. Proiect Engineer for final
design plans for pavement rehabilitation for primary access road within the University. Paseo Rancho Castilla
is used by both University traffic and the public traffic. The project evaluated cost tradeoffs between short term
and long term fix regarding pavement strategy. Construction cost for each street was $200,000.
SR -118 / First Street & SR -118 / Erringer Road Westbound Ramps Interchange Improvements, Forest
City Construction, Caltrans District 7, City of Simi Valley. Proiect Engineer. Project involved final design for
improving the interchanges at SR- 118 /First Street and SR- 118 /Erringer Road in the City of Simi Valley. The
improvements were mitigation measures for the development of a new 600,000 square foot mall to the north of
the SR -118. At each interchange the project involved widening the local street, widening and/or
reconstructing the westbound off -ramps and the westbound loop on- ramps, installation of new traffic signals,
modification of existing traffic signals, utility relocations, and coordination with the City improvements adjacent
to the interchange. Fact sheets, encroachment permits, stormwater data reports, aerial deposited lead
reports, initial site assessment reports, geotechnical reports and right of way documents for both interchanges
were prepared and processed through the City and Caltrans. Cost estimates and specifications were also
prepared. Construction cost was $3.5 million.
Kenneth Hahn Regional Park Expansion. Tatsumi and Partners, County of Los Angeles Department of
Parks and Recreation. Project Engineer for construction of new park access road, parking stalls, pedestrian
trails, restroom building, tot lot and picnic areas. The site is an undeveloped portion of the existing park. The
project intent is to provide additional public use facilities while minimizing the impact to the existing native
plants and site topography. Design involved site grading, drainage, new utility services, and erosion control
plans.
Mojave Park. NUVIS, City of Hesperia. Project Engineer for construction of new sports park and parking lot
as part of an adjacent residential development. The project involved construction of a new surface parking lot,
baseball field, soccer field, tot lot, pedestrian trails and picnic areas. Design involved site grading, drainage,
parking lot improvements, new utility services, and erosion control plans. Design of project was required to be
completed in two phases.
California State University, Fullerton, Parking Structure No. 2. International Parking Design, City of
Fullerton. Protect Engineer responsible for all aspects of destgn through final PS &E. Project was a
design/build involving surface parking and site reconstruction of parking lot B surrounding the new multilevel
parking structure. The project involved storm drain relocations, sewer and fire water service construction,
construction of new pavement sections and parking islands, compliance with ADA access requirements, and
completion of a Storm Water Pollution Prevention Plan (SWPPP). Construction engineering services were
also provided.
Campus Road, California State University, Los Angeles. Project Engineer. Prepared final design plans for
pavement reconstruction and curb and gutter installation from Paseo Rancho Castilla to Circle Drive
(approximately 700 feet). Campus Road is the access roadway used by both University traffic and the public
traffic. The project also evaluated cost tradeoffs between short term and long term fix regarding pavement
strategy. Construction cost was $200,000.
Section 5 - Public Agency Work performed in last five years
Client: City of Buena Park
Project: 1 -5 Far North Widening Project
Assignment: Engineering Review and Assistance
Client: City of Yorba Linda
Project: 3 Drainage Improvement Projects
Assignment: Final Design
Client:
City of Corona
Project:
1 -15 Cajalco Road
Assignment:
Final Design for Roadway Restriping
Client:
City of Costa Mesa
Project:
Sakioka Drive
Assignment:
Final Design for Pavement Rehabilitation
Project:
Wilson Street
Assignment:
Final Design for Pavement Rehabilitation
Project:
South Coast Drive
Assignment:
Final Design for Pavement Rehabilitation
Project: Superior Avenue
Assignment: Final Design for Pavement Rehabilitation
Client:
City of Newport Beach
Project:
Mesa Drive I Irvine Avenue Intersection Improvements
Assignment:
Final Design for Intersection Improvements
Client:
City of San Buenaventura
Project:
California Street Arts /Aesthetics Improvements
Assignment:
Prepare RFP for Project
Client:
California State University, Los Angeles
Project:
Hillside Drive Sidewalk
Assignment:
Final Design
Client:
California State University, Los Angeles
Project:
Parking Lot D Entrance Modification
Assignment:
Final Design
Client:
California State University, Los Angeles
Project:
Campus Road
Assignment:
Final Design for Pavement Rehabilitation
Client:
California State University, Los Angeles
Project:
Paseo Rancho Castilla and Circle Drive
Assignment:
Final Design for Pavement Rehabilitation
ection 5 - Public Aqencv Work performed in last five years — continued
Protects for Public Aqencies with Former Firm — Same Staff
Client:
City of Newport Beach
Project:
21st Street Improvements
Assignment:
Final Design for Conversion to 2 -Way Traffic
Project:
Mariners Village Improvements
Assignment:
Final Design for Palm Trees on PCH -
Client:
City of San Buenaventura
Project:
US -101 f California Street Northbound Off -Ramp Improvements
Assignment:
Project Report
Client:
City of Yorba Linda
Project:
Rose Drive Design Study
Assignment:
Design Study
Client:
OCTA
Project:
SR -91 Express Lanes, Preventive Pavement Maintenance Project
Assignment:
PS &E
Project: SR -91 - Tustin Avenue to SR -55 Auxiliary Lane Addition
Assignment: PSR
Section 6 —References
Municipal
Caltrans
Ms. Cindy Quon
Mr. Fekade Mesfin District Director
Sr. Transportation Engr Caltrans, District 12
Caltrans, District 7 3337 Michelson Dr. #380
100 S. Main Street Irvine, CA 92612
Los Angeles, CA 90012 (949) 440 -3440
(213) 897 -0096
Consultants
Mr. Richard Hart Ms. Leslee Temple
Mr. Wei Koo Vice President Principal, Vice President
PBS &J David Evans & Associates NUVIS
625 The City Drive South 800 N. Haven Avenue 3151 Airway Ave., Suite J -3
Suite #200 Suite #300 Costa Mesa, CA 92626
Orange, CA 92868 Ontario, CA 91764 (714) 754 -7311
(714) 750 -7275 (909)481 -5750
Developers
Mr. Ray Bragg
Mr. Jim Biery
Mr. Steve Badum
Community Svcs Director
Public Works Director
Public Works Director
City of Fontana
City of Buena Park
City of Newport Beach
8353 Sierra Avenue
6650 Beach Blvd.
3300 Newport Blvd.
Fontana, CA 92335
Buena Park, CA 90622'
Newport Beach, CA 92658
(909) 350 -7697
(714) 562 -3676
(949) 644 -3311
(949) 251 -9909
Mr. Bill Morris
Mr. John Ballas
Mr. Mohammad Mostahkami
Director of Public Services
City Engineer
Engineering Manager
City of Costa Mesa
City of Industry
City of South Gate
77 Fair Drive
15651 E. Stafford Street
8650 California Avenue
Costa Mesa, CA 92626
Industry, CA 91744
South Gate, CA 90280
(714) 754 -5298
(626) 333 -2211
(323) 563 -9582
Caltrans
Ms. Cindy Quon
Mr. Fekade Mesfin District Director
Sr. Transportation Engr Caltrans, District 12
Caltrans, District 7 3337 Michelson Dr. #380
100 S. Main Street Irvine, CA 92612
Los Angeles, CA 90012 (949) 440 -3440
(213) 897 -0096
Consultants
Mr. Richard Hart Ms. Leslee Temple
Mr. Wei Koo Vice President Principal, Vice President
PBS &J David Evans & Associates NUVIS
625 The City Drive South 800 N. Haven Avenue 3151 Airway Ave., Suite J -3
Suite #200 Suite #300 Costa Mesa, CA 92626
Orange, CA 92868 Ontario, CA 91764 (714) 754 -7311
(714) 750 -7275 (909)481 -5750
Developers
Mr. Jon Cantrell
Mr. Doug Cleary
Mr. Sam Veltri
Project Manager
Project Manager
Suncal Companies
Forest City Construction
Eclipse Development
2392 Morse Avenue
43812 Buena Vista Way
17802 Skypark Circle
Irvine, CA 92614
Lancaster, CA 93536
Suite #200
(949) 7774000
(661) 816 -1259
Irvine, CA 92614
(949) 251 -9909
Exhibit B
Fee Schedule
Civil Works Enginxrs
RATE SCHEDULE
PROFESSIONAL SERVICES
Principal
Project Manager
Senior Engineer
Engineer/ Sr. Designer
Jr. Engineer/ Designer
CADD Designer/ Technician
Clerical / Admin Support
REIMBURSABLE EXPENSES
Reproduction
Consultant Services
Automobile Transportation
Computer Plots
Delivery, Freight, Courier
Agency Fees
Commercial Travel / Subsistence
3151 Airway Avenue
Suite S -2
Costa Mesa, CA 92626
HOURLY RATE ($)
$150.00
$140.00
$125.00
$105.00
$ 90.00
$ 80.00
$ 55.00
Cost
Cost plus 10%
$0.485 / mile
$ 1.50 / SF Bond
$ 2.00 / SF Vellum
$ 3.00 / SF Color
$ 4.00 / SF Mylar
Cost
Cost
Cost
Professional Services
Agreement with
Traffic Control Engineering
PROFESSIONAL SERVICES AGREEMENT WITH
TRAFFIC CONTROL ENGINEERING, INC. FOR ON -CALL
- TRAFFIC CONTROL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into as of this day of
,200, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and TRAFFIC CONTROL ENGINEERING, INC., a California
corporation, whose address is 231 E. Imperial Highway, Suite 241, Fullerton, CA 92835
( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for traffic control engineering services
related to the proposed Fiscal Year 07108 and 08109 Capital Improvement
Programs.
C. City desires to engage Consultant to perform on -call traffic control engineering
services throughout the City on an as need basis.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of this Agreement, shall be
David Kuan, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" traffic control engineering services as
described in the Statement of Qualifications attached as Exhibit "A." Upon
verbal or written request from the Contract Administrator, Consultant shall
provide a letter proposal for services requested by the City (hereinafter referred
to as the "Letter Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Contract Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for a specific 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 Contract Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Contract 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 telephone, fax, hand - delivery or mail.
2
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Contract Administrator. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
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 and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal 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 the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of a specific project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. CONTRACT MANAGER
Consultant shall designate a Contract Manager, who shall coordinate all phases
of the Agreement. This Contract Manager shall be available to City at all
reasonable times during the Agreement term. Consultant has designated David
Kuan, P.E. to be its Contract Manager. Consultant shall not remove or reassign
the Contract Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to a specific 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 a specific 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 a specific project on a timely basis as contemplated by
this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Contract Administrator and shall have the authority
to act for City under this Agreement. The Contract 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 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
CI
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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
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 permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of 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
sole negligence, 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
61
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
Contract Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Contract.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Contract Administrator in advance of all critical decision
points in order to ensure the Contract proceeds in a manner consistent with City
goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Contract Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
- insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
2. 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.
N
3. 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.
4. 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:
1. 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.
2. 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.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. 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.
6. 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 (10 calendar days
f:3
written notice of non- payment of premium) 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 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
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
0
reuse by City or others on any other contract. Any use of completed documents
for other contracts 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.
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 a specific project, for the completion of a
specific project by others, or for any other Contract, 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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
10
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-1he date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work 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 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.
23. 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with a specific
project.
25. 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 termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
11
any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of 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:
Michael J. Sinacori
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3342
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Traffic Control Engineering, Inc.
231 E. Imperial Highway, Suite 241
Fullerton,CA 92835
Phone: (714) 447 -6077
Fax: (714) 447 -6081
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting 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 provision, 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 and other information
12
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
28. 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, regulations and permit requirements and be
subject to approval of the Contract Administrator and City.
29. 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.
30. 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.
31. 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.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. 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.
13
34. INTERPRETATION
The terms of this Agreement shall be- construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
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.
14
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: A GN^
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Mayor
for the City of Newport Beach
Traffic Control Engineering, Inc.:
David Kuan, P.E.
Title: President
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
F:% users\ cat% shared %ContraGtTemplatesPublishedon I ntranet%FO RM On Cal lAg ree me nt. doc
15
Exhibit A
June 11, 2007
Mr. Mike Sinacori
City of Newport Beach
3300 Newport BI.
Newport Beach, CA 92659
Fax: (949) 644 -3318
Re: Traffic Control Planning Consultant Services
Dear Mike:
Thank you for the opportunity to propose our services for traffic control design of City's
future construction projects. We are very interested in participating in the preparation of
traffic control plan.
Traffic Control Engineering, Inc. is a certified MBE and specializes in traffic control
planning and design for various construction projects. Attached please find a copy of
our firm's recent projects. Our cost is very competitive and we are recommended
engineering firm for preparing traffic detour and control plans by many public agencies
and prime contractors throughout Southern California. Also enclosed is a list of
references, their affiliations and phone numbers.
Traffic Control Engineering has a substantial track record in preparing Traffic Control
Plans. Our familiarity with local government requirements will be the greatest asset in
assuring a timely and cost effective product.
All traffic control design will be reviewed and prepared by Mr. David Kuan. Prior to our
design, we will review the proposed project and provide the City with the estimated
design fee and time required to complete the design. We will do everything within our
power to expedite our design in order to meet the City' schedule.
I would like to thank you for considering us for this work. If there are any questions,
please feel free to call me at your convenience.
Sincerely,
TRAFFIC CONTROL ENGINEERING, INC.
David Kuan, P.E., President
Professional Qualification sof David Kuan, P.E.
Mr. Kuan is President of the firm Traffic Control Engineering, Inc., which was organized
in 1989. Prior to organizing his own consulting firm, he served the City of Orange as
the City Transportation Engineer from 1984 to 1989. During his tenure with the City,
he conducted traffic and safety studies including traffic warrant studies, street
striping layouts, and other traffic control planning. He was also directly in charge of
developing the City's General Plan Circulation Element as well as
a new circulation master plan for a 7100 acre planning area. He later gained new
responsibility of serving the City's Transportation Planning Committee, responsible for
a broad range of traffic and transportation projects. Mr. Kuan was also the City of
Orange's Transportation Demand Management Coordinator, responsible for
formulating and implementing traffic reduction measures for the City and major
employers in the City. Mr. Kuan has worked on numerous state and federal grants
and funding programs, including OTS, HES, OCUTT, FETSIM, AHFP, and FAU.
While with the City of Orange, Mr. Kuan had a close working relationship with Caltrans
and other governmental transportation agencies including OCTC, OCTD,
Transportation Corridor Agency, etc.. He represented the City working with Caltrans
in developing 1 -5 widening /interchange alternatives, He has also served on the Rt.
55 Car -Pool Lane Technical Advisory Committee. Mr. Kuan's experience and
familiarity with various governmental agencies is a valuable asset in providing
expedient project approval process.
Prior to 1984, . Mr. Kuan was engaged by the firm of PRC Voorhees. During the years
he was with that firm, he was responsible for numerous traffic/transportation
projects including impact analysis, access studies, parking studies, traffic
signal coordination, circulation master plan and general plan in Los Angeles,
Orange, San Bernardino, Riverside, San Diego Counties as well as northern California
Bay Area.
Since 1981, Mr. Kuan has been responsible for all aspects of traffic engineering and
transportation planning projects throughout Southern California. Mr. David Kuan
holds a Masters Degree in Transportation Engineering from the University of
California at Berkeley, has served as the Chairperson of Orange County Traffic
Engineering Council (OCTEC), is a member of the Institute of Transportation
Engineers (ITE), and is also registered as a Professional Engineer (Traffic) in the
State of California.
REFERENCES
Mr. Tony Brine, Traffic Engineer
City of Newport Beach, (949) 644 -3344
Ms. Shirley Land, Transportation Engineer
City of Mission Viejo, (949) 470 -3069
Mr. Dave Sorge, Traffic Engineer
City of Costa Mesa, (714) 754 -5180
Chris LaFace, Traffic Engineer
City of Orange, (714) 532 -6427
Mr. John Lower, City Traffic Engineer
City of Anaheim, (714) 765 -5183
Mr. Taher Jalai, Traffic Engineer
City of Anaheim, (714) 765 -5183
Berry Greenstein, Traffic Engineering
City of Irvine, (714) 724 -6464
I.G. Ochoa, P.E., Manager, Traffic Engineering
County of Orange, (714) 834 -3483
T.C. Sutada P.E., City Traffic Engineer
City of Santa Ana, (714) 647 -5604
Vinh Nguyen, Traffic Engineer
City of Santa Ana, (714) 647 -5612
Doug Anderson, Transportation Engineer
City of Tustin, (714) 383 -4952
Alan Oswald, City Traffic Engineer
City of San Juan Capistrano, (949) 493 -1171
Terry Elliot P.E., Traffic Engineer
City of Huntington Beach, (714) 536 -5580
Warren Siecke, P.E., City Traffic Engineer
City of Brea, (714) 990 -7742
RELATED PUBLIC AGENCY WORK
o. Balboa Village Phase I, Phase II and Phase III
o. West Newport Street/Alley Rehab.
o. Industrial Way Water Main Replacement Project
o. Irvine Terrace Valve Replacement
o. Newport Lexus off site improvement
FEE SCHEDULE
January 1, 2007
EMPLOYEE
Exhibit B
HOURLY RATE
Principal (Project Manager) ............. ............................... $195.00
Transportation Engineer (Project Engineer) ........................$125.00
Design Engineer ...................:......... ..............................$ 95.00
CAD Technician ............................... ..............................$ 75.00
Word Processor ............................... ..............................$ 55.00
TRAVEL : $.60 /MILE OR ACTUAL COST
EXPENSES : ACTUAL COST PLUS 15%
HOURLY RATE INCLUDES LABOR, PAYROLL BURDEN, OVERHEAD AND PROFIT.
MINIMUM OF THREE HOURS FOR MEETING ATTENDANCE.
DK:dr