HomeMy WebLinkAboutC-3775(A) - PSA; Engineering Design and Construction Consulting Work for the Big Canyon Trunk Sewer Improvements•
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AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH SOCAL WALDEN, INC.
FOR THE BIG CANYON SEWER REPLACEMENT PROJECT
THIS AMENDMENT NO. 1 TQ PR FESSIONAL SERVICES AGREEMENT, entered
into this 6?5fh day of I`J'Dr; I , 2006, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and
SOCAL WALDEN, INC., a California Corporation whose address is 2552 White Road,
Suite B, Irvine, CA, 92614, (hereinafter referred to as "Consultant "), is made with
reference to the following:
RECITALS
A. On June 14, 2005, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "Agreement", design and
construction. support services for the Big Canyon Trunk Sewer
Replacement Project, hereinafter referred to as "Project ". This Agreement
is scheduled to expire on the 31St day of July, 2006.
B. City desires to enter into this Amendment No. 1 to reflect additional
services not included in the Agreement or prior Amendments and to
extend the term of the Agreement to the 30th day of June, 2007.
C. City desires to compensate Consultant for additional professional services
. needed for Project.
D. 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 be compensated for services performed pursuant to this
Amendment No. 1 according to "Exhibit A" dated April 12, 2006, attached
hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimburseable items and subconsultant
fees, shall not exceed Eighty -Nine Thousand, One Hundred Fifty and
00 /100 Dollars ($89,150.00).
3. The term of the Agreement shall be extended to June 30, 2007.
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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:
Aaro C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST: (r l ��
LaVonne Harkless,
City Clerk
CITY OF NEWPORT B CH,
A Municipal Corpora
B
Mayor
for the City of Newport Beach
SOCAL ALDEN, INC.:
B
David L. Be6on
President
By:
David W. Couch
Chief Financial Officer
Attachments: Exhibit A — Extra Work Authorization Request Dated April 12, 2006
f luserslpbwlshareftgreementslfy 04- 051wa1den -bccc sewer- amend -1.doc
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Exhibit A
EXTRA WORK AUTHORIZATION REQUEST
TO: Mike Sinacori
COMPANY: City of Newport Beach
PROJECT: BCCC — OCSD Trunk Sewer
Improvement Plan
CLIENT CONTRACT NO: 3562
FROM: Dave Bacon
DATE: April 12, 2006
C.O. # 1
W/A JOB NO. 1140- 369 -001
DESCRIPTION OF SERVICES REQUIRED AND PURPOSE OF CHANGE ORDER:
ADDITIONAL OCSD WORK
1. Ingress/Egress Improvements off of Big Canyon Drive:
Design and prepare improvement plan, cost estimate, and specifications for a grass road
paver system for maintenance to OCSD manhole and station 68 + 77.37.
Fee: ......................
.............. $ 5,090
2. Alternate 15 -inch alignment at Pond Pill:
Design and prepare improvement plan, cost estimate, and specifications for an alternate
alignment in case the Big Canyon Country Club Pond Fill Project did not go through.
Fee: ............
$ 7,495
3. Traffic Control Plans
Prepare through our subconsultant Traffic Control Plans for two alternatives for construction
of the 8 -inch sewer along Big Canyon Drive for the BCCC — OCSD Trunk Sewer
Improvements. One altemative represents utilization of flagging to allow through traffic
during construction and the second alternative represents complete closure of the work area.
Fee: ......
$ 5,865
4. Additional Work Required Due to Timing of Returned Plan Check Comments:
Revise plans due to plan check comments submitted after plans were signed and sent out to
bid.
Fee: ......................... ........ -- ...................................................................... $ 5,280
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5. Additional Work Required for Vortex Structure at Station 14+17.15:
Prepare improvement plan for the Vortex Structure, including revisions due to late plan check
comments submitted by OCSD.
Fee: ............................................................................................................ $ 3,060
6. Additional Work Required for Big Canyon Country Club License Agreement and
OCSD Agreement:
Review and Inclusion of BCCC license agreement and OCSD agreement into project
specifications and contract.
Fee: ............................................................................................................ $ 3,060
7. Additional Work Required to Modify Easements:
Modification to OCSD and CITY easements required for the new alignment of OCSD owned
sewers to follow BCCC/ OCSD agreement format.
Fee:
ADDITIONAL CITY WORK
1. Eighth Fairway:
Extend aerial topo, provide supplemental field pick -up topo tree and slope locations for the
design of the relocation of an 8 -inch City sewer line from top of slope to outside toe of slope
area along the eighth fairway.
Fee: ............................................................................................................ $ 7,550
2. Traffic Control Plans:
Prepare through our subconsultant Traffic Control Plans for the Superior Avenue Trunk
Sewer Improvements between Pacific Coast Highway and Hospital Road included in the
2005 — 2006 Various City Sewer Main Improvements, which was bid with the BCCC Trunk
Sewer Replacement.
Fee:
......... $ 3,795
Construction Phase Services:
Provide through our subconsultant, Concept Marine Associates, for additional Construction
Phase Services for up to 4 hours per day for a maximum of 100 working days. Scope of work
shall include, but not limited to coordination and construction activities with City, OCSD and
Big Canyon Country Club, conducting weekly progress meeting, monitor the implementation
of the projects BMP's, coordinate inspections and required sign -offs, coordinate final punch-
list and document progress of project with photographs. A portion of these 400 hours has
been accounted for in the Construction Phase Services allowance in the original contract.
Fee: ............................................................................................................ $ 39,150
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AMOUNT REQUESTED FOR THIS CHANGE ORDER $89,150
AUTHORIZED BY:
Client
Date
Please sign when approved, enter Change Order Number and FAX or MAIL to:
Walden & Associates
Attn: Dave Bacon
2552 White Road, Suite B
Irvine, CA 92614
FAX: (949) 660 -0418
ALDEN &
SSOCIATES
Big Canyon Country Club
Sewer Realignment
Labor -Hour Fee Proposal
Rates
$160 fir
$135 fir
$1051hr
.$80 11hr
$50 lhr
$170 thr
LUM SUM
Task
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Original
Hours
OrigCost ask
(Additional)
Contract
Field Joins Survey
8
20
32
60
8,620
$ 8,620
Design Development Meetings,
Coordination & Project Management
4
20
24
$ 3,340
$ 3,340
OCSD Sewer Improvement Plan
8
50
320
140
518
$ 52,830
In resslE ress for MH 68 +77.37
2
12
30
$ 5,090
Aftemate 15 "Ali nment & Pond Fill
15
44
5
1
$ 7,495
Traffic Control for Big Canyon Dnve
2
4
$ 5,175
$ 5,865
Additional wank required due to timing of
returned plan check comments
8
40
$ 5,280
Vortex Structure at station 14 +17.15
1 4
24
$ 3,060
$ 79,620
City Sewer Improvement Plan
2
10
40
40
92
$ 9,070
Eighth Fairway
15
$ 5,000
$ 7,550
Traffic Control for Superior Avenue
1
2
$ 3,450
$ 3,795
$ 20,415
Quantity & Cost Estimates
4
32
36
$ 3,900
3,900
Specifications
16
80
20
116
$ 11,560
OCSD /SCCCA mements
4
24
$ 3,060
$ 14,620
Sewer Easements
10
48
58
$ 6,390
OCSD- Modification of easements
17
62
$ 8,805
$ 15,195
Meetings, Coordination & Processing '
80
80
$ 10,800
$ 10,800
Construction Phase Services'
24
100
BD
40
40
284
$ 30,940
Additional Construction Phase Services
290
$ 39,150
$ 70,090
Reimbursables
3,000
3,000
Totals Original
38
298
620
220
60
32
1,268
$ 140,450
Totals Additional
2
353
230
20
$ 89,150
7 229,600
' Allowance only. to be DOM aaamst on a
I ime and
aterial
basis.
Approved Casts (June 14, 2005)
Additional Task Costs
Adjusted Contract Costs
Wpmjdaia111405114e 6s 1 CC Ea I"rt 0412 06 2.qs
$ 140,450
$ 89,150
$ 229,600
1140 - 369-001
Rev: May 18, 2005
Rev: March 13, 2006
Rev: April 11, 2006
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PROFESSIONAL SERVICES AGREEMENT WITH
SOCAL WALDEN, INC.
FOR ENGINEERING DESIGN AND CONSTRUCTION CONSULTING WORK
FOR THE BIG CANYON SEWER IMPROVEMENT PROJECT
THIS AGREEMENT is made and entered into as of this [ft day of J 41 C-
2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and SOCAL WALDEN, INC., a California corporation, whose principal place of
business is 2552 White Road, Suite B, Irvine, California, 92614 ( "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 cant' on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. SOCAL Walden Inc., which does business as Walden.& Associates, is a civil
engineering, planning and land surveying firm that specializes in preparing sewer
construction plans.
C. City has entered into an agreement with the Orange County Sanitation District
(OCSD) which requires the City to enter into design and construction contracts
necessary to realign the trunk sewer line that runs through the Big Canyon
Country Club, between Jamboree and MacArthur Boulevards. The new line will
be built at a higher elevation than the existing main and portions of the old main
that are not realigned will be upgraded or abandoned in place (hereinafter the
joint project will be referred to as the "OCSD Trunk Sewer Improvement
Project ").
D. Pursuant to the City's agreement with OCSD, City will be the lead agency on the
OCSD Trunk Sewer Improvement Project, but the plans and specifications will
be done in conformance with the OCSD's Standards, and Specifications.
E. City desires to engage Consultant tc
services for the OCSD Trunk Sewer
fully in the Scope of Services attached
provide design and construction support
Improvement Project, as described more
hereto as Exhibit A ( "Project ").
F. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
G. The principal member of Consultant for purposes of Project shall be David L.
Bacon, P.E.
H. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant -- jointly with the
OCSD — and desires to retain Consultant to render professional services under
the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of July, 2006, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance. of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section, the Scope of Work, and
the Schedule of Billing Rates attached hereto as Exhibit B and incorporated
herein by reference. Consultant's compensation for all work performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed One Hundred and Forty- Thousand, Four -
Hundred and Fifty Dollars ($140,450.00) without additional authorization from
City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City.
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4.1 Consultant shall submit monthly invoices to City describing the work
performed the.preceding month. Consultant understands that the OCSD
is required to reimburse the City for all costs and expenses related to the
OCSD Trunk Sewer Improvements depicted on the Trunk and Local
Sewer Replacement Map attached hereto as Exhibit "C," which is
incorporated by this reference (hereinafter "OCSD Trunk Sewer
Improvements "). Consultants bills shall include the name of the person
who performed the work, a brief description of the services performed
and/or the specific task in the Scope of Services to which it relates, the
date the services were performed, the number of hours spent on all work
billed on an hourly basis, a description of any reimbursable expenditures,
and shall specifically delineate whether the costs and expenses are
related in any way to the OCSD Trunk Sewer Improvements. City shall
pay Consultant no later than thirty (30) days after approval of the monthly
invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
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.
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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.
ADMINISTRATION
This Agreement will be administered by the Public Works Department.
MICHAEL J. SINACORI, P.E. shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator or
his/her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
S. Provide blueprinting and other services through City s reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
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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.
8.4 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or be in
charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor"), construction means, methods,
techniques, sequences or procedures, or for any health or safety
precautions and programs in connection with the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall
not be responsible for the Contractors' schedules or failure to carry out the
work in accordance with the contract documents. Consultant shall not
have control over or be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the work.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and/or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
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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 /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance'of the type
and amounts described below and in a form satisfactory to City.
A. Certfcates 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.
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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.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employers 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 subcontractors
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall. be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
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E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting. from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any, of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy,
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which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
0 0
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all,
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
Wo
24.
25.
tu
27
0 0
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
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.
CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first - class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
11
0 0
Attn: Michael J. Sinacori, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3342
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: 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 parry written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
12
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.
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.
13
• •
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
A Municipal Corporation
By: C " B ./..--
Aaron C. Harp Ma4r
Assistant City Attorney a City of Newport Beach
ATTEST:
By #nfo g� -lKS o
aVonne Harkless,
City Clerk 100T".2%41
SOCAL WALDEN, INC:
Chief Financial Officer
Attachments: Exhibit A - Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Trunk and Local Sewer Replacement Map
F:USERSICAT\Shared\AMWalden & Associates - BCCC Sewer Realignment PSA.doc
14
ALDEN &
SOC
SOCIATES
May 18, 2005
Mr. Mike Sinacori
City of Newport Beach
3300 Newport Boulevard
Newport Beach CA. 92663
2552 WHITE ROAD, SUITE B • IRVINE, CA 92614
9491660 -0110 FAX: 9491660-0418
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
Subject: Civil Engineering Services -
Big Canyon Country Club Sewer Realignment
Newport Beach, CA
Dear Mike:
Walden & Associates is pleased to submit this proposal for the civil engineering and land surveying
services requested for the above referenced project. This proposal is based on the Preliminary
Sewer Realignment plans prepared in October 2004 by this office, between Jamboree Road and
MacArthur. Boulevard. Generally this work will consist of the design of a new sewer main at a
higher elevation than the existing main, and lining a portion of the existing sewer main that is not
realigned. It is our understanding that this contract will be issued and administered by the City of
Newport Beach but that the plans and specifications will be done in conformance with the Orange
County Sanitation District (OCSD) Standards and Specifications.
Enclosed you will find the Exhibit A — Scope of Services and Compensation, Exhibit B — Standard
Rate Schedule.
We appreciate the opportunity to submit this proposal and to be of service to you and the City. If
you have any questions please give me a call.
Sincerely,
David L. Bacon tvia a -main
David L. Bacon
DI.B/hm
cc: Jeff Beardsley, Big Canyon Country Club
C:IDocuments and Setfings\dbigi.CNBILccal Settings\Temporary Intemet FIes101-K2\0011- 000 -A334 BCCC Sewer Realignment- Rev
05.18.doc
Vik 0 0
Walden & Associates Contract Agreement
with City of Newport Beach
EXHIBIT "A"
SCOPE OF SERVICES and COMPENSATION
Consultant agrees to perform the following Scope of Services:
May 18, 2005
In performing its services hereunder, Walden & Associates has or will receive information prepared
or compiled by others, the accuracy and completeness of which Walden & Associates is entitled to
rely upon without independent evaluation or verification.
Task 1: Field Joins Survey:
Using the 1" = 40' scale topographic mapping previously prepared by this office for this.
project area, we will field locate and dip the flowlines (to the best of our ability) of the
existing manholes that will be joined or modified by new construction. We will also locate
any visible hard improvements in the vicinity of new manholes. This does not include non-
essential manholes for design purposes of a new trunk line. Horizontal survey control
points will be set on an intervisable line that can be used for construction control. Onsite
bench marks will be set for vertical control of the construction process.
Task 2: Design Development Meetings Coordination and Project Management:
Provide an allowance of approximately 24 hours for research, design development project
meetings, project coordination and project management with client, consultants and
governing agencies during the process of establishing and approving the Preliminary
Engineering Phase of the project. This would include research for existing plans at the City
and at Big Canyon Country Club. Information shown from the referenced plans will be
noted on the base topo for design purposes of sewer plan and profile sheets.
Task 3: Sewer Improvement Plan:
Prepare Sewer Improvement Plans for the proposed sewer main from Jamboree Road to
MacArthur Boulevard. This includes plan and profile of the main line with connections or
relocations for any existing service sewer lines that join the existing sewer main line.
Alternatives will be suggested to accommodate maintaining existing flow though the new
sewer trunk line during the construction period. Final interim connections or bypass
facilities will be the responsibility of the contractor as specified in the contract documents.
Task 4: Quantity and Cost Estimates:
Prepare a preliminary.cost estimate for budgeting purposes based on preliminary plan and
profiles. Prepare final quantity estimates to be included in the contract document portion of
the specifications for all construction work as shown on the final plans. Our best estimate
will be made to include a provision for items that might not be quantifiable within the golf
course due to a lack of reference plans.
Task 5: Specifications:
Prepare Special Provisions for the OCSD boiler plate specifications, modified as
necessary, to include project specific requirements.
JN: 0011- 000 -A334 Exhibit "A"
Page 2 Client Initials
Walden & Associates Contract Agreement May 18, 2005
with City of Newport Beach
Task 6: Sewer Easements:
Prepare new sewer easement legal descriptions and plats for the realigned sewer main
based on easement widths negotiated with Big Canyon County Club. We would also
include easements and plats for those sewer service lines that connect to the existing
sewer main. Upstream limits of these service line easements will be the point of
connection. The client is to provide copies of all existing easements to be joined or
modified.
Task 7: Meetings. Coordination and Processing (T &M Budgetl:
Provide an allowance of approximately 80 hours for project meetings and project
coordination with client and consultants and processing of plans with governing agencies
during the final design period. This allowance is for budget purposes only and will be billed
on an hourly basis for work as required.
Task 8: Construction Phase Services (T &M Budget):
Provide an allowance of approximately 284 hours for construction phase services as
required for the project. This includes responding to RFI's, providing clarification of the
drawing; responding to shop drawings, change orders and field visits as needed. Our best
estimate at this time, for field visits to confirm progress, will be twice a week for
approximately 4 months. Record drawings will be prepared based on a set of redlined
construction plans, supplied by the contractor, at the end of construction. This allowance is
for budget purposes only and will be billed on an hourly basis for work as required. This
does not include construction staking, inspections, certifications or site supervision of any
nature.
Task 9: Reimbursables:
Generally we will use the City's account at Mouse Reprographics for reproduction and
deliveries. However, for times when this is inconvenient we will provide an allowance for
reimbursables to include blueprinting, CAD plotting, reproduction and deliveries.
ADDITIONAL SERVICES
Services which are not specifically identified herein as services to be performed by Walden &
Associates, or its consultants, are considered "Additional Services" for purposes of this Agreement.
Client may request that Walden & Associates perform services which are Additional Services.
However, Walden & Associates is not obligated to perform such Additional Services unless an
amendment to this Agreement has been fully executed setting forth the scope, schedule and fee
for such Additional Services. In the event Walden & Associates performs requested Additional
Services before receipt of such executed Amendment, Client acknowledges its obligation to pay for
such services at Walden & Associates' standard rates, within 30 days of receipt of Walden &
Associates' invoice. All Additional Services shall be billed in accordance with the current Standard
Fee Schedule. (Exhibit "C")
JN: 0011 - 000 -A334 Exhibit "A"
Page 3 Client Initials
Vik 0 0
Walden & Associates Contract Agreement May 18, 2005
with City of Newport Beach
EXCLUSIONS
Consulting services relating to any of the following items are specifically excluded from this
contract.
Soils engineering, testing and reports.
Title Reports, recorded documents, etc.
Construction staking or certifications.
Offsite improvements except as defined herein.
Surveying or mapping except as defined herein.
Storm Water Pollution Prevention Plan (S.W.P.P.P.)
Water Quality Management Plan (W.Q.M.P.)
Sewer Study or Hydraulic Analysis.
Erosion Control Plan.
Access or Traffic Control Plan
CLIENT RESPONSIBILITIES
Client shall pay all governmental fees and costs.
Client shall furnish all title reports, plans, documents and deeds to be used by Consultant
as a basis for this project.
Client shall furnish all soils testing, reports and documentation required for this project.
Client shall pay for all blueprinting, CADD plotting, mylar photo work, sepia reproductions
and deliveries required for this project.
Client shall furnish plans for all City service mains connected to the O.C.S.D. Trunk
Sewer.
JN: 0011 - 000 -A334 Exhibit "A"
Page 4 Client Initials
Walden & Associates Contract Agreement
with City of Newport Beach
COMPENSATION
Client agrees to compensate Consultant as indicated below:
Task Description
1 Field Joins Survey
2 Design Development, Meetings and Project Management (T &M Budget)
3 Sewer Improvement Plan
4 Quantity. and Cost Estimates
5 Specifications
6 Sewer Easements (T &M Budget)
7 Meetings, Coordination and Processing (T &M Budget).
8 Construction Phase Services (T &M Budget)
9 Reimbursables
Total Compensation
May 18, 2005
Fee
$ 8,620
$ 3,340
$ 61,900
$ 3,900
$ 11,560
$ 6,390
$ 10,800
$ 30,940
$ 3,000
$140,450
An allowance for blueprinting, CADD plotting, photo work, reproduction and deliveries is included in
our fee as Task 9.
Progress billings will be forwarded to the Client on a monthly basis. These billings will include the
fees earned for the billing period. plus all direct costs advanced by Consultant. The Client shall
make every reasonable effort to review invoices within fifteen (15) working days from the date of
receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be
incorrect.
The fees proposed herein shall apply until July 31, 2006.
Work shall commence upon receipt of a signed copy of this Contract Agreement.
JN: 0011- 000 -A334 Exhibit "A"
Page 5 Client Initials
',WALDEN &
SSOCIATES
0
Big Canyon Country Club
Sewer Realignment
Labor -Hour Fee Proposal
1140 -458 -008
Rev: May 18, 2005
Rates
$160 /hr
$135 /hr
$105 /hr
$80 /hr
$50 /hr
$170 /hr
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Total Task
Total Task
Task
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Hours
Cost
Contract
Field Joins Survey
8
20
32
1 60
$ 8,620
$ 8,620
Design Development Meetings,
Coordination & Project Mangement
4
20
24
$ 3,340
$ 3,340
Sewer Improvement Plan
10
60
360
180
610
$ 61,900
$ 61,900
Quantity & Cost Estimates
4
32
36
$ 3,900
$ 3,900
Specifications
16
80
20
116
$ 11,560
$ 11,560
Sewer Easements
10
48
58
$ 6,390
$ 6,390
Meetings, Coordination & Processing
80
80
$ 10,800
$ 10,800
Construction Phase Services *
24
100
80
40
40
284
$ 30,940
$ 30,940
Reimbursables
$ 3,000
$ 3,000
Totals
38
298
620 1
220
60
32
1,268 1
$140,450
$140,450
Allowance only, to be billed against on a Time and Material basis.
C:1Documents and Setlingstdblgl.CNVLocal Settings%Temporary Internet Files10LK211140 -058 -808 Proposal Cost Estimate Rev 05 -18
Vik
Walden & Associates Contract Agreement
with City of Newport Beach
EXHIBIT "B"
STANDARD FEE SCHEDULE
The following fees are effective through July 31, 2006.
$160:00 /hr. for Principal
$135.00/hr. for Project Manager
$120.00 /hr. for Project Engineer
$105.00 /hr. 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
$50.00 /hr. for Clerical
$170.00/hr. for 2 -man Survey Crew
$205.00 /hr. for 3 -man Survey Crew
$250.00 /hr Expert Witness Deposition and Trial Testimony
JN: 0011- 000 -A334
Page 6
May 18, 2005
Exhibit "A"
Client Initials
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ACORD CERTIFICATODF LIABILITY INSURANIV OP ID L
WALD -01
DATE(MWDDIYYYY)
07/21/05
PRODUCER _
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
LTR
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ACEC /MARSH
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
800 Market St, Ste. 2600
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St. Louis MO 63101 -2500
Phone: 800 -338 -1391 Fax:888- 621 -3173
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
INSURER A: Hartford insurance Company
22357
INSURER B:
AL GENERAL LIABILITY
INSURERC:
11/01/04
Walden & Associates'
2552 White Road, Ste. B
Irvine CA 92614
INSURER D:
52000000
INSURER E:
S MADE OCCUR
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
INSRI
TYPEOFINSURANCE
POLICY NUMBER
P I YEFF I
DATE MMICO
- (PIRATI I
DATE MWDDMI
LIMITS
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S 2000000
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AL GENERAL LIABILITY
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11/01/05
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PRODUCTS- COMPIOP AGO
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PRO- LDC ECT
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AUTOMOBILE
LIABILITY
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11/01/04
11/01/05
COMBINED SINGLE LIMIT
(Ea accident)
$ 1000000
BODILY INJURY
(Per person)
$
ALL OW NED AUTO$
SCHEDULED AUTOS
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BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON- OWNEDAUTOS
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AUTO ONLY -EA ACCIDENT
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE:PRO.TECT BIG CANYON SEWER IMPROVEMENT NEWPORT BEACH,CA WO# 1140 -369 -1 THE
CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS,
EMPLOYEES, AGENTS & VOLUNTEERS ARE INCLUDED AS ADDIL INSURED TO ALL
POLICIES (ATTACHED CG 2010) COVERAGE IS PRIMARY & NONCONTRIBUTORY
X- CLAUSE
YGR I IrIVX I C R VLV CR V({Pi V iLl/i:I:iN
CTNEWpO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WALL FifiGiYGI11Tq MAIL 30 DAYSWRTREN
CITY OF NEWPORT BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
ATTN: SHERI ROOKS,
PUBLIC WORKS SPECIALIST
3300 NEWPORT BLVD DES.
NEWPORT CA 92658 -8915 AITTHORIZEDRE&RfJENT;,TIVEp,
25 (2001/081 (6 ACORD CORPORATION 1988
POLICY NUMBER:
Walden & Associates
• 84SBWKS2483 COMMEIRIAL GENERAL LIABILITY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
THE CITY OF NEWPORT BEACH, ITS ELECTED OR
APPOINTED OFFICERS, OFFICIALS, EMPLOYEES
AGENTS & VOLUNTEERS
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the
Schedule, but only with respect to liability arising out of your work performed for that insured.
Coverage is primary and any insurance held by the additional insureds shall be excess and non-
contributory.
CG 20 10 11 85 Copyright Insurance Services Office, Inc., 1984 ❑
JUL -20 -2005
WED 03:01 PM
Warn &
Associates
JUL -20 -05
11!08 AM
N90 HEW
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FAX N0, 9660 0416
949 5207
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STATE FARM LLOYDS, Dallas, Texas
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ofpoilcv Pider Orange County Walden UM Walden i AaaaciAtap
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ofpogayholder 2552 Whits Road, Suite Ay livine, CA 92814
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Ibbd below have been Issued to the polkyholder for the policy periods ahowrr. The Insurance deecrlbed In thew .Is
to Oft the brtne 0*41 orle, and Wridltions of polld es. The Imaa of Itablimny shown may have boon reduced by am pfd dal o$
NUIq R T
TYPE OF INSURANCE P
POLICY PERIOD L
LIWTS OF LIABILITY
cam" helve s B
BODILY INJURY PNq
ir9 10 Yi'tlrArioe I
Iriciuilaet {
�Bpyrrsings Umb ft -- P
PROPERTY DAL"Gq
❑Contractual I slay
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± ❑
❑ UndmWocind Hazard Covermga E
Each Occurrence ;
❑ Psrsosef fnJurY ;
;
. D
D AdvarUelnp Injury G
General Aggregsle S
C7 9*1mlon HwAM Coverage
❑ Goavve Hazard covwwo P
ProdUats - CmnpMW S
ALL ORNED AUTOS C
Coaratlons AQW"Rta
0 A
EXCESS LIABILITY P
POLICY PI.1lIOD B
BODILY INJURY AND PROPERTY DAMARE
affective times! bormon Data (
(CamWned Single Untrt)
13 Unumdla E
Each aocun"m $
❑ Other A
Aglin S
Pad 1 STATUTORY
I
Fart 2 BODILY INJURY
i W
Workers' Compenesdon i
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�
and Employers Ll111111 Y E
Each APWW $
Dfseaee Each Employee S
Disease - Policy Until S
NUtttBER T
TYPE OF NaSflRANCE P
POLICY PUNCO L
LIMITS OF LIAWLITY
y'Dllit 6
6805758 A
Auto Liability 0
06/05/05 12105105 1
1,000,000
A 11 OF INSURANCE (S NOT A CONTRACT OF INMtkCIS AND N N R AFFIRMArMLY NOR NEGATIVELY i
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If wry of the dese�d polloia0 we Canceled
Ile espkaW date, t3ml'e Farm will try to me& a
ndw to the peOcrum holder 30 days
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Name and Addfm ofConiifaft Folder c ancebtlon, If however, we faR to marl 6110 nmPm,
Cii�x. r
r NawaaRT Dt&ACR no obtl0etion or lkbfl4 vAll be Imposed on 40
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Fenn ar I
T XWR, CA 92658 �7(�
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SRARI ROOKS gpMfOn of Aarhorlud IQ►Mswr 0
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NT5 ON 88OE 2
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AQwws Coda Stamp I '
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AFOCade 8390
0"114114A oa1400 RIMKM Ir.9A4
JUL -20 -2005 WED 03:01 PM Wan & Associates FAX N0, 96660 0418 P, 06
JUL -20 -E 0
S 1176 RM M HEW KELLY 9�F9 1 526T� P•9S
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t:
I. The City of Newport Beach, its aleeted 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 Walden &
Associates. !
xL This policy shall be considered primary iessueanoe as respects m the City of I
Newport Beach, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all cldm% losses, or liability arising directly or
indirectly $om Walden & Associates operations or services provided to the
City ofNewport Bach. Any inntrance maintained by the City, including any
i I sel %Insured retention the City may have, shall be considered excess insurance
only and not comrI mory with the insurance provided hereunder, !
III. This insurance shall sot for each insured and additional insured as though a
separate policy had been written for cash, except with respect to the limits
of liability of the insuring company.
.I N. The Insurer waives all rights of subrogation against the City, its elected Or '
appointed ofiWM, offlr als, =ployees, age and volunteers.
1 I V. Any fhil ut' to comply with reporting provisions of the policies shall not
&Mot coverage provided to the City of Newport Beach, ifs elected or
appointed officers, officials, employees, agents or volunteers.
I VI. The inmMwe provided by this policy shall net be suspended, Voided, canceled, !
or reduced in coverage or in limits, by either party except after thirty (30)
{ calendar days written notice has been reccived by the City.
E Walden & Associates shall give the City ofNewpott Beach pwmPt and timely
notice of claim made or alit instlMd arising out of or t+aettlting from Walden
j & Associates.
0, Walden & Associates shall also pt'ocure and maintain, at its owe cost and
ffI expense, any additional kinds of insurance, which In its owe judfinent may
I, be necessary for its ptopen proteeotlun and Proseoutlon of the work.
Matthew Kelly
Agent
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CERTIFICA F LIABILITY INSURA E
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oizz
PRODUCER (949)263 -0606 FAX (949)263 -0906
Complete Insurance, Inc.
California DOI #0437762
19000 MacArthur Blvd., PH Flr
Irvine, CA 92612 -1447
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
INSURED Orange County Walden, Inc.;
SOCAL Walden, Inc.;
DBA: Walden & Associates
2542 White Road, Suite B
Irvine, CA 92614 -6236
INSURERA St. Paul Fire & Marine Ins Co
INSURERS: (C /o St. Paul - KS) .
NsURERC
INSURER D:
$
INSURER E:
$
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IHSR
I I.
ADD'
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE IM
POLICY EXFMATIDN
LIMITS
iCLAIMS
I
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
MADE O OCCUR
EACH OCCURRENCE
$
DAMAGE TO RENTED
$
MED EXP (Any ore Persoc)
$
PERSONAL & ADV INJURY
S
GENERAL AGGREGATE
S
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JECT LOG
PRODUCTS - COMP/OP AGG
$
_ ..
AUTOMOBILE
LIABILITY
ANY AUTO
ALLOWNEDAUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON- OWNEDAUTO$ -
....
_. ...
-
.. ..
COMBINED SINGLE LIMB
(Ea accident)
$
BODILY INJURY
(Per parson)
$
BODILY deni
(Per acdenl) -
PROPERTY DAMAGE
.(Per eccidenq.
$
.: .. .,
GARAGE LIABILITY'
ANY AUTO
-
AUTO ONLY - EA ACCIDENT -
$'
OTHER THAN EA AGO
AUTO ONLY: AGG
$
$
EXCESSAIMBRELIA LIABILITY
OCCUR ❑ CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
S
AGGREGATE
$
$
$
$
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PAATNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
X yes, describe under
SPECIAL PROVISIONS below
BWO1932029
09/01/2004
09/01/2005
X WC SrATU- OTH-
EL EACH ACCIDENT
$ 1,000,000
E.L. DISEASEE-EA EMPLOY
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
OTHER
10 day notice applies to
non - payment and /or
non - reporting
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
giver of Subrogation Endt. WC040306 included respects Workers Compensation only. Coverage
ubject to all policy terms and conditions. Proj Ref: Big Canyon Sewer Improvement
City of Newport Beach
Shari Rooks
3300 Newport Boulevard
Newport Beach, CA 92658
ACORD 25 (2001/08)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL *)tN)0@M MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
KO m xx xx%Nx1VMXKifd(A'dmmysymK1(d xKY&#J " xK)WdWXX
AUTHORIZED
® ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
0
0
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
This endorsement changes the policy to which it is attached and is effective on the date issued unless
otherwise stated.
This endorsement, effective on September 1, 2004 at 12:01 A.M. standard time, forms a part of:
Policy No. BWO1932029
Endorsement Notice
of the St. Paul Fire and Marine Insurance Company NCCI Carrier Code 13706
Issued to: Orange County Walden, Inc.; SOCAL Walden, Inc.; DBA: Walden & Associates
Policy Expiration Date: September 1, 2005
G
Authorized Representative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 3% of the California workers' compensation premium
otherwise due on such remuneration.
SCHEDULE
Person or Organization
Anyone for whom the Named Insured has agreed to furnish this waiver.
Minimum Premium: $100.00
The premium for this coverage will be determined and billed at Audit.
WC 04 03 06 (Ed. 04 84) Printed in U.S.A.
JUL -20 -2005 WED 03:00 PM Wan & Associates
FAX N0. 9J 8H 0418 P. 03
PROMSSIONAL LIABILITY AND
POLLUTION INCIDENT LIABILITY
INSURANCE POLICY
INSURED: Orange County Walden, Inc.; SOCAL Walden, Inc.; DBA: Walden & Associates
Policy Number: AEA254038087 ENDORSEMENT NOTICE
Effective Date: 10/29/04 to 10/29/05
NOTICE ENDORSEMENT - CANCELLATION or NON - RENEWAL
We agree with you that this Policy will not be:
Z cancelled
non - renewed
until 30 days prior written notice is given to:
City of Newport Beach
All other provisions of the policy remain unchanged.
u
G- 138989 -A
(Ed. S /00)
Page 1 of 1
Countersigned by Authorized Representative
• • G -3t-K
REIMBURSEMENT AGREEMENT
BETWEEN
THE ORANGE COUNTY SANITATION DISTRICT (OCSD)
AND THE CITY OF NEWPORT BEACH
FOR CONSTRUCTION OF
THE BIG CANYON TRUNK SEWER IMPROVEMENTS
TW3 REIMBURSEMENT AGREEMENT ( "Agreement "), is made and entered into on
this =day of , 2005, by and between the:
ORANGE COUNTY SANITATION DISTRICT, a
County Sanitation District, hereinafter referred to as
"District";
CITY OF NEWPORT BEACH, California, a
Municipal Corporation, hereinafter referred to as
..Ci„
ty•
District and City are sometimes hereinafter individually referred to as "Party" and
hereinafter collectively referred to as "Parties."
RECITALS
WHEREAS, District is a duly organized County Sanitation District existing pursuant to
the County Sanitation District Act, California Health and Safety Code section 4700, et seq.,
providing for the ownership, operation, and maintenance of wastewater collection, treatment, and
disposal facilities within Orange County, California;
WHEREAS, 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 the City;
WHEREAS, District owns, operates and maintains a 12 -inch to 15 -inch trunk sewer line
within the City located beneath the Big Canyon Country Club (`BCCC ") and Big Canyon
residential development (hereinafter, District's existing sewer line shall be referred to as the "Big
Canyon Trunk Sewer," the location of which is depicted on Exhibit A, attached hereto and
incorporated in full by this reference);
WHEREAS, the Big Canyon Trunk Sewer was built in the 1960s and was subsequently
covered by substantial amounts of earth fill during construction of the BCCC and Big Canyon
residential development;
Page 1 of 10
WHEAEAS, as a result of the construction, portions of the Big Canyon Trunk Sewer are
buried deep underground (up to 45 feet), making it difficult to properly maintain it;
WHERAS, District wants to construct a new sewer main closer to the surface
(approximately 8 feet) to allow easier access for maintenance purposes and to extend portions of
the City's sewer lines to connect to the new sewer main (hereinafter, District's proposed new line
and the portions of the City Sewers to be extended by District shall be referred to as the "OCSD
Trunk Sewer Improvements," the proposed location of which is depicted on Exhibit A);
WHEREAS, City owns, operates, and maintains numerous sewer lines in the Big
Canyon development that connect to the Big Canyon Trunk Sewer (hereinafter the City's
existing sewer lines shall be referred to as the ( "City Sewers, ") the location of which are depicted
on Exhibit A);
WHEREAS, City is planning a sewer improvement project in the Big Canyon area and
desires to repair, replace, and realign a portion of the City Sewers that connect to the Big Canyon
Trunk Sewer hereinafter "City's Sewer Improvements" the location of which are depicted on
Exhibit A);
WHEREAS, City and District desire to perform the repairs, replacement and realignment
of both the Big Canyon Trunk Sewer and the City Sewers simultaneously so as to minimize the
impacts to the public, including the BCCC and surrounding homeowners (hereinafter, the
proposed concurrent construction of the OCSD Trunk Sewer Improvement and City's Sewer
Improvements shall be referred to as the "Joint Project," the approximate locations of the Big
Canyon Trunk Sewer and the City Sewers as they currently exist, and will exist, after the Joint
Project is completed are depicted on Exhibit A);
WHEREAS, City has agreed to administer and enter into the design and construction
contracts for the Joint Project;
WHEREAS, City will coordinate and obtain permissions from the BCCC and the Big
Canyon Homeowners Associations (hereinafter, the BCCC and Big .Canyon Homeowners
Association shall be collectively referred to the "HOAs, ") to obtain access to the gated
development and the construction and temporary storage space needed for the Joint Project);
WHEREAS, City and District each will be responsible for obtaining permanent access
easements for their respective sewer lines from the HOAs;
WHEREAS, City and District agree that all sewer maintenance responsibilities and
ownership rights will be clearly set forth on the design plans and permanently memorialized at
the end of the Joint Project when the plans are certified by both parties as "Record Drawings';
and,
WHEREAS, District has agreed to reimburse the City for the District's share of Joint
Project costs in the manner and subject to the conditions set forth below.
Page 2 of 10
AGREEMENT
0
NOW THEREFORE, in consideration of the mutual promises set forth herein, the
Parties hereto agree as follows:
Section 1: Recitals. The Recitals above are deemed true and correct, are hereby
incorporated in this Section as though fully set forth herein, and each Party to this Agreement
acknowledges and agrees that they are bound by the same.
Section 2: Elements of Agreement. City and District shall work cooperatively
together so the Joint Project can be constructed in a manner that minimizes the costs and impacts
to the public. The specific terms and conditions governing the elements of this Agreement are
set forth hereinafter.
Section 3: City's Specific Obli ag tions.
A. City shall enter into and administer contracts for the design services
necessary for the Joint Project, which includes contracting with the
necessary engineering consulting services to accomplish the design
efforts.
B. City shall submit prepared plans and specifications for the design and
construction of the Joint Project to the District for review and approval by
the District's Director of Engineering. The plans and specifications shall
meet District's standards and technical requirements and shall separate bid
items so that the City's and District's costs can be easily identified.
District shall not unreasonably withhold its approval of the plans and
specifications.
C. City shall be responsible for compliance with the California
Environmental Quality Act ( "CEQA ") (Pub. Resources Code, Section
21000 et seq.) for all activities associated with the Joint Project and City
shall be the Lead Agency for purposes of the CEQA and, in such capacity,
shall conduct such environmental review (whether by Environmental
Impact Report, Mitigated Negative Declaration, Negative Declaration, or
Notice of Exemption) as CEQA may require. City shall supply to District
a copy of the City- approved environmental review document.
D. City shall prepare and issue a public works bid package and administer the
construction contract for the Joint Project.
E. Upon opening of bids, City shall submit results for review and approval by
District. District sball have a period of ten (10) calendar days for review
of bid results and approval or rejection of the successful bidder. In the
event the District rejects the successful bidder, the City shall reject all bids
Page 3 of 10
9 0
or shall proceed with the work at its sole cost and expense, and without
reimbursement from the District.
F. City shall obtain all necessary permits for construction of the Joint Project
from federal, state and local authorities.
G. Provided the District or City do not reject the successful bidder,City shall
enter into a contract for construction of the Joint Project in accordance
with the approved plans and specifications. That portion of the existing
Big Canyon Trunk Sewer that will not be utilized following completion of
the Joint Project will be abandoned in place.
H. City shall require a one -year warranty on the Joint Project from its
construction contractor, which shall be assigned to District upon the City's
transfer of the District's portion of the OCSD Trunk Sewer Improvements.
Such warranty shall read as follows:
"Contractor guarantees for a period of one (1) year from the date of
final acceptance of the work by City that the Contractor shall
repair or remove and replace any work, together with any other
work which may be displaced in so doing, that is found to be
defective in workmanship and /or materials without any expense to
City or its assigns, ordinary wear and tear excepted. If Contractor
fails to comply with this warranty within one (1) week after being
notified in writing, City or its assigns are authorized to proceed to
have the defects remedied at Contractor's expense. Contractor
shall pay the cost and charges thereof immediately on demand. If,
in the opinion of City or its assigns, defective work detected during
the guarantee period creates a dangerous condition or requires
immediate correction or modification to prevent further loss to
City or its assigns or to prevent interruption of City's or its assigns'
operations, City or its assigns shall be authorized to repair the
condition without prior notice to the Contractor and Contractor
shall pay the cost and charges thereof immediately upon demand.
Contractor's obligations under this section are in addition to
Contractor's other express or implied assurances under this
Contract and State law and in no way diminish any other rights that
City or its assigns may have against Contractor for faulty
materials, equipment, or work. Contractor agrees that this
warranty and guarantee shall be freely assignable to the Orange
County Sanitation District without any further notice to or consent
from Contractor. The Faithful Performance Bond and Labor and
Materials Bond required under this Agreement shall continue in
full force and effect for the guarantee period."
Page 4 of 10
L City shall promptly inform the District during the course of construction
of any proposed change orders to the construction contract. Copies of
proposed change orders affecting the District will be provided to the
District within five (5) working days of submission to City. All change
orders shall be subject to District's approval if, and to the extent, the
OCSD Trunk Sewer Improvements are affected thereby. District agrees
not to unreasonably withhold its approval to such change orders.
J. City shall furnish and deliver to District all Record Drawings of the Joint
Project and any additional project- related documents requested by District
at no cost to District.
Section 4: Easements.
A. District shall endeavor to acquire permanent easements from property
owners, acceptable to the District, to construct, use, maintain, and replace
all portions of the Joint Project encompassing District sewer lines that are
located outside the District's existing easement areas ( "District
Replacement Easements ") and shall be responsible for all costs, if any,
associated therewith. Such District Replacement Easements shall not be
less than twenty-five feet (25') in width, unless District, in its sole
discretion, elects to accept a lesser width. District shall retain or replace
its existing easements for the Big Canyon Trunk Sewer for such segments
of the main as District will continue to use as part of the OCSD Trunk
Sewer Improvements. District also agrees to make reasonable efforts to
assist City in obtaining easements for the realigned portions of City
Sewers.
B. City shall endeavor to acquire permanent easements acceptable to City, to
construct, use, maintain, and replace all portions of the Joint Project
encompassing City sewer lines that are located outside the City's existing
easement areas ( "City Replacement Easements ") and shall be responsible
for all costs, if any, associated therewith. City will make reasonable efforts
to assist the District in obtaining District Replacement Easements. City
shall retain or replace its existing easements for the City Sewers for such
segments of the City Sewers as City will continue to utilize.
C. City will not enter into a contract for construction of the Joint Project to
commence until the District and City Replacement Easements are obtained
and accepted by the District and/or City, as applicable, and the City has
obtained permission from the HOAs for the access, construction and
storage space required for the Project. The District and City will make
reasonable efforts to obtain the District and City Replacement Easements
in a timely manner after receipt and/or completion of the City- approved
environmental review document.
Page 5 of 10
9 0
Section 5: District's Specific Obligations.
A. District shall reimburse City for all costs and expenses for the design and
construction attributable to the OCSD Trunk Sewer Improvements and
services related thereto including, but not limited to services and costs for
design consulting engineer, outside construction support, . such as
geotechnical or survey work, the pro rata share of CEQA costs and
necessary permits, temporary construction easements, and access
agreements. The district shall also pay the City an amount equal to four
percent (4 %) of the amount of all of said costs and expenses, which shall
be considered the City's "Administrative Fee," which is intended to cover
the costs incurred by the City for its internal costs related to the Joint
Project. The District's share of Joint Project casts shall not include costs
and services for the design _ and construction of the City Sewer
Improvements, except that the District's share will include costs directly
attributable to any extensions of the City Sewers made necessary as a
result of the realignment of the OCSD Trunk Sewer Improvements.
B. District shall have the sole and absolute discretion to approve all aspects
of the design and construction of the OCSD Trunk Sewer Improvements,
as well as construction change orders related thereto. District shall assign
a Resident Engineer to oversee change orders, if any.
C. District shall provide construction management and inspection services for
their portion of the Joint Project. District shall inspect construction of the
Joint Project as it deems necessary to assure compliance with the approved
Plans and Specifications, including shop drawing review and/or material
inspection thereof. District shall promptly notify City if any portion of the
work appears not to conform to the Plans and Specifications, and shall
work with the City on all items associated with the Joint Project's
construction.
D. District agrees to accept the District's portion of the OCSD Trunk Sewer
Improvements when completed by contractor retained by City in
accordance with all requirements of the Plans and Specifications,
including any change orders approved by District as provided in Section
3 -I above. The determination of District as to the conformity of the OCSD
Trunk Sewer Improvements with the Plans and Specifications shall be
made in District's sole and absolute discretion; however, District agrees
not to unreasonably withhold its approval as to such conformity. Upon
acceptance, District shall own, operate and maintain the District's portion
of the OCSD Trunk Sewer Improvements and shall be liable for all
damages to persons and property caused by the District's operation and
maintenance of the District -owned facilities.
Page 6 of 10
Section 6: Final Ownership. The design plans may display . sewer alignments that
differ from Exhibit A based on engineering analyses performed by a design consultant and either
the City or District. The design plans shall clearly annotate and differentiate the OCSD Trunk
Sewer Improvements and City Sewer Improvements. Differentiation shall be made down to a
manhole and pipe segment basis. Both parties shall agree on this annotation before construction
is initiated. This annotation will be used to determine future ownership and maintenance
responsibilities. After completion of the Joint Project, the plans will be certified as "Record
Drawings" by the City's Director of Public Works and the District's Director of Engineering and
shall be used thereafter to indicate ownership and maintenance responsibilities.
Section 7: Timing and Amount of Reimbursement. For each payment made by City
to its consultants or contractors in connection with the Joint Project, including all progress and
final payments, City shall submit an invoice to District setting forth District's share of the
payment, accompanied by a copy of any supporting documentation that substantiates the
calculation of the District's portion. Within forty -five (45) days following receipt of each
invoice, District shall pay the City the full amount of such invoice, plus the Administrative Fee.
The District's obligation to reimburse the City hereunder is estimated at a cumulative
total of Two Million Dollars ($2,000,000). The City agrees to notify the District at the earliest
opportunity if the District's share is expected to exceed Two Million Dollars ($2,000,000)
anytime during the Joint Project.
Section 8: Indemnification.
A. City shall indemnify, defend and hold District, its officers, agents,
employees, and consultants harmless from any and all actions, suits,
claims, liability or expense for death, injury, loss, or damage to persons or
property which may arise or is claimed to have arisen during or out of
construction of the Joint Project and prior to the acceptance by the District
of the District's portion of the OCSD Trunk Sewer Improvements, as a
result of any work or action performed by or on behalf of City, its officers,
agents, employees or consultants, save and except in those instances where
such expense, liability or claim is solely caused by any act, omission, or
negligence of District, its officers, agents, employees or consultants.
B. District shall indemnify, defend and hold City, its elected and appointed
officials, officers, agents, employees, and consultants, harmless from any
and all actions, suits, claims, liability or expense for death, injury, loss or
damage to persons or property which may arise or is claimed to have
arisen as a result of any act performed by District, its officers, agents,
employees or consultants, with respect to the construction of the Joint
Project or following District's acceptance of the District's portion of the
OCSD Trunk Sewer Improvements, as a result of or in connection with the
maintenance and operation of the improvements, save and except in those
instances where such expense, liability or claim is solely caused by any
act, omission or negligence of City, its officers, agents, employees or
consultants. District shall also indemnify, defend and hold City, its
Page 7 of 10
elected and appointed officials, officers, agents, employees, and
consultants, harmless from any and all actions, suits, claims, liability, cost
or expense which may arise or is claimed to have arisen as a result of the
District's denial of any change order or part thereof.
Section 9: Insurance. City shall require the construction contractor to maintain
insurance policies in the amounts stated herein during all times of the construction project. City
shall not allow contractor or subcontractor(s) to commence work on the project until such
insurance is obtained in accordance with the requirements of this section.
City shall require that insurers be admitted carriers and authorized to transact business in
the State of California and that insurers have an "A - ", or better, Policyholder's Rating, and a
Financial Rating of at least Class VII, or better, in accordance with the most current A.M. Best
Rating Guide. City shall include a provision in its contract with contractor that District may
require contractor to substitute any insurer whose rating drops below the levels herein specified
and that the substitution shall occur within twenty (20) days of written notice to contractor by
District or its agent.
City shall require contractor to furnish District with original certificates and amendatory
endorsements effecting coverage. Said policies and endorsements shall conform to the
requirements herein stated. All certificates and endorsements are to be received and approved by
the City and the District before work commences. District reserves the right to require complete,
certified copies of all required insurance policies, including endorsements, affecting the coverage
required by these specifications, at any time.
City shall require that all general liability and automobile liability policies be endorsed to
name the District and City, their officers, employees, agents, and consultants as additional
insureds. City shall require that each insurance policy required herein be endorsed to state that
coverage shall not be cancelled by either party, except after thirty (30) days' written notice. City
shall require coverage in at least the following amounts:
A. General Liability. $2,000,000.00 per occurrence for bodily injury,
personal injury, and property damage and $4,000,000.00 aggregate for
bodily injury, personal injury, and property damage.
B. Automobile Liability. $2,000,000.00 combined single limit per accident
for bodily injury and property damage, including non -owned and hired
vehicles.
C. Workers' Compensation. Workers' Compensation, in accordance with the
Workers' Compensation Act of the State of California for a minimum of
$1,000,000.00, or such minimum limits as the required by the State,
whichever is greater. Such Workers' Compensation Insurance shall be
endorsed to provide for a waiver of subrogation against District.
Page 8 of 10
9 0
Section 10: Term. This Agreement shall be in full force and effect until the specified
obligations of both Parties have been fulfilled or the Agreement is terminated as set forth herein.
Section 11: Notices. All notices or other communications required or permitted
hereunder shall be in writing and shall be personally delivered or sent by registered or certified
mail, postage prepaid, return receipt requested, delivered or sent by electronic transmission, and
shall be deemed received upon the earlier of: (i) the date of delivery to the address of the person
to receive such notice if delivered personally or by messenger or overnight courier, (ii) three (3)
business days after the date of posting by the United States Post Office if by mail; or (iii) when
sent if given by electronic transmission. Any notice, request, demand, direction, or other
communication sent by electronic transmission must be confirmed within forty- eight (48) hours
by letter mailed or delivered. Notices or other communications shall be addressed as follows:
To District: Orange County Sanitation District
Post Office Box 8127
Fountain Valley, CA 92728 -8127
Attention: Penny Kyle, Board Secretary
Facsimile: (714) 962 -0356
To City: City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Steve Badum, Public Works Director
Facsimile: (949) 644 -3020
Section 12: Jurisdiction. In the event of a dispute regarding performance or
interpretation of this Agreement, the venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of California for Orange County. .
Section 13: No Third Party Beneficiaries. This Agreement is entered into by and for
the District and the City, and nothing herein is intended to establish rights or interests in
individuals or entities not a party hereto.
Section 14: Force Majeure. Except for the payment of money, neither Party shall be
liable for any delays or other non - performance resulting from circumstances or causes beyond its
reasonable control, including without limitation, fire or other casualty, Act of God, strike or labor
dispute, war or other violence, acts of third parties, or any law, order, or requirement of any
governmental agency or authority.
Section 15: Governing Law. This Agreement shall be governed by the laws of the
State of California.
Section 16: Entire Agreement. This Agreement constitutes the entire understanding
and agreement between the Parties and supersedes all previous negotiations and agreements
between the Parties pertaining to the subject matter hereof.
Page 9 of 10
E
Section 17: Waiver. A waiver of a breach of the covenants, conditions, or obligations
under this Agreement by either Party shall not be construed as a waiver of any succeeding breach
of the same or other covenants, conditions, or obligations of this Agreement.
Section 18: Modification. Alteration, change, or modification of this Agreement shall
be in the form of a written amendment, which shall be signed by each Party.
Section 19. 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.
Section 20. Agreement Execution and Authorization. Each of the undersigned
represents and warrants that they are duly authorized to execute and deliver this Agreement and
that such execution is binding upon the entity on whose behalf they are executing this
Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of the day and year first above written.
N 01-1
WELvd-A-22MOMMI
APPROVED AS TOO FORM
By_ 4r'a
Aaron C. Hip
Assistant City Attorney
Attachment: Exhibit A
ORANGE
P. Anderson, General Manager
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CITY OF NEWPQRT BE
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. s
June 14, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Michael J. Sinaoori, P.E. JUt� y
949 - 6443311
msinacod@city.newport-beach.ca.us
AVFRUVLU-
SUBJECT: BIG CANYON AREA JOINT SEWER PROJECT — APPROVAL OF A
REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY
SANITATION DISTRICT AND APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH WALDEN & ASSOCIATES FOR
DESIGN AND CONSTRUCTION SUPPORT SERVICES
RECOMMENDATIONS:
1. Approve Reimbursement Agreement with the Orange County Sanitation District
for the realignment and rehabilitation of the Big Canyon Trunk Sewer.
2. Approve Budget Amendment appropriating $140,450 in account 7251- C5600292
and increase revenue estimates by the same amount for reimbursement from
OCSD to be received in FY 05106.
3. Approve a Professional Services Agreement with Walden & Associates, of Irvine,
California, for design and construction support services for the Big Canyon Trunk
Sewer at a contract price of $140,450 and authorize the Mayor and City Clerk to
execute the Agreement.
DISCUSSION:
The Orange County Sanitation District's (OCSD) Big Canyon Trunk Sewer traverses
through the Big Canyon development bordered by MacArthur Blvd, San Joaquin Hills
Road, Jamboree Road and Ford Road. A majority of the trunk is located on the Big
Canyon Country Club (BCCC) Golf Course and a small portion is within private
developments.
The Big Canyon Trunk currently has a 15 -foot wide easement through the golf course
and homeowner's property that has limited vehicle access due to steep slopes and
lakes. This requires OCSD to utilize the BCCC cart paths and the adjacent Home
Owners Association's (HOA) private roads. Currently, access is limited to Mondays,
when the golf course is closed.
SUBJECT: Big Canyon Area J ewer Project —Approval of Reimbursement Agre th Orange County Sanitation
District and Approvrofessional Services Agreement With Walden & at: for Design and Construction
Support Services
June 14, 2005
Page 2
The OCSD 2004 -05 Capital Improvement Program Budget includes two projects to
address areas where structural failure of the pipeline has occurred. These projects
have been delayed since 1999 due to various details involving the BCCC and the
adjacent homeowner's association, and the unexpectedly high costs associated with
replacing the 40 -foot deep sewer. The total project budget for these projects is
$2,000,000.
The City owns and maintains the remaining sewers within the Big Canyon
Development. Several of the City sewers traverse through easement areas that make
access, and subsequently maintenance, difficult at best. As part of the City's Master
Plan of Sewers, a majority of sewers were televised within the Big Canyon area in
2002. As of this date, Staff has not completed televising all of the sewer mains
because of access coordination difficulties. Though most of the mains televised
appeared to have adequate structural integrity, they did show signs of root damage at
the joints and, in some cases, joint failure has occurred. In the 05106 proposed CIP all
easement sewer mains are slated for an internal liner to eliminate the root intrusion and
to repair broken joints. This work was to be included within the FY 2005106 Citywide
Sewer Main Master Plan Improvements project ($500,000). The cost of the needed
work within the Big Canyon Area will determined in the design process.
BCCC is interested in the City and OCSD pursuing a joint construction project to
minimize the overall construction impacts to the Golf Course and coordinate with their
planned site and clubhouse improvements scheduled to begin this fall and next spring
respectively. BCCC, is offering OCSD a new alignment outside the fairways for better
access, a wider access easement (up to 25 -feet wide) to allow for large vehicles, and
the use of open cut construction methods to reduce OCSD overall construction costs.
BCCC has also requested that the City take the lead on the overall sewer
improvements to help expedite and coordinate with their planned improvements (see
attached letter). The joint project will also allow the City to relocate deep sewer mains
in and around the BCCC Clubhouse area.
The proposed reimbursement agreement would contain the following provisions:
• OCSD will reimburse the City for costs to design and construct the OCSD sewer
improvement project including a 4% administration fee ($80,000 based upon a
$2 million project). The OCSD Board has authorized $2,000,000 for the project
with the ability to increase that amount with Board approval. A more detailed cost
estimate will be available at the conclusion of the design process.
• City will pay for the design and construction of the City sewer improvements not
required by the OCSD improvements.
• City will be the lead on CEQA processing for the project with OCSD reimbursing
the City for any costs related to their improvements.
• OCSD will have the authority to review and approve all plans, inspect the
construction, and approve all change orders.
i
i
SUBJECT: Big Canyon Area Jo r Project — Approval of Reimbursement Agree th Orange County Sanitation
District and Approve rofesslonal Services Agreement with Walden & Astes for Design and Construction
Support Services
June 14, 2005
Page 3
• BCCC will provide new easements to the OCSD and City for the new alignments.
The joint construction project will minimize impacts to the community by completing all
the improvements in concert with BCCC construction projects. This should also
minimize cost impacts for site and road restoration since the larger construction efforts
will continue after the sewer improvements are completed. The joint project will also
allow both OCSD and the City to take advantage of a larger replacement and lining
project that should result in overall lower costs to both agencies.
Environmental Review:
City Staff has reviewed the City's portion of the project and will recommend to City
Council that it be exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15302 of the CEQA Implementing Guidelines when the project is
authorized by the City Council. This exemption covers the maintenance and alteration
of existing public facilities with negligible expansion of the facilities in areas that are not
environmentally sensitive. In 1999, OCSD certified a Program Environmental Impact
Report (PEIR), which included the Big Canyon Trunk Sewer improvements. An
amendment may be necessary to that EIR if new impacts are determined to be outside
the impacts identified in 1999.
Funding Availability and Schedule:
Upon approval of the recommended Budget Amendment, sufficient funds are available
in the following account for the immediate need of contracting with Walden and
Associates. OCSD will be invoiced for design and construction work as efforts take
place and, by the proposed reimbursement agreement, will be reimbursing the City for
its expenditures relating to their portion of the joint project.
Account Description Account Number Amount
Contributions 7251- C5600292 $140,450
The joint project design efforts should be completed this summer with the anticipation of
starting the sewer improvements in the fall.
Prepared
J. Sinacbri, P.E
I Civil Engineer
Submitted by:
PIphen G. Badum
ublic Works Director
Attachments: March 28, 2005 letter from Big Canyon Country Club to OCSD
Reimbursement Agreement for the Big Canyon Trunk with OSCD
PSA with Walden and Associates
Budget Amendment
. o.
Big Canyon Country Club •
March 28, 2005
Mr. Dave Ludwin
Orange County Sanitation District
P.O Box 8127
Fountain Valley, Ca. 92728 -8127
RE: OCSD Big Canyon Trunk Sewer line replacement
Dear Mr. Ludwin,
Thank you for meeting with the City and Big Canyon Country Club (BCCC) on Monday,
March 14, 2005 to discuss the subject project. BCCC would like to reemphasize the
importance of combining any and all sewer activities into one coordinated project with the
City of Newport Beach as the lead agency. We have successfully completed projects similar
in nature with the City's coordination, administration and implementation to meet-our critical
construction time lines. We are confident in the City's ability to coordinate this project in a
sensitive manner with the appropriate attention to detail.
Planning for a project of this size will require commitments on all parties. The club currently
plans for construction of its pond fill project beginning in late August 2005, barring any
unforeseen issues. The opportunity for the Trunk Sewer line to be replaced concurrently is
advantageous in that disruption to the club would occur roughly at one time.
BCCC is available to assist OCSD and the City of Newport Beach in planning the crucial
steps to make this project a success. BCCC is also willing to grant new sewer easements to
OCSD to accommodate the new alignment. Should you have any questions, please contact
Jeff Beardsley our course superintendent with any onsite related issues.
Sincerely,
David H. Voorhees, CCM
General Manager
Cc: ✓Mike Sinacori
Steve Badum
Jim Peters
Dave Quisling
One Big Canyon Drive, Newport Beach, CA 92660 -5299
(949) 644 -5404 • Fax (949) 720 -9338 • bigcanyon @bigcanyoncc.org
11
0
0
f
REIMBURSEMENT AGREEMENT
BETWEEN
THE ORANGE COUNTY SANITATION DISTRICT (OCSD)
AND THE CITY OF NEWPORT BEACH
FOR CONSTRUCTION OF
THE BIG CANYON TRUNK SEWER IMPROVEMENTS
THIS REIMBURSEMENT AGREEMENT ( "Agreement "), is made and entered into on
this day of 2005, by and between the:
AND
ORANGE COUNTY SANITATION DISTRICT, a
County Sanitation District, hereinafter referred to as
"District";
CITY OF NEVTORT BEACH, California, a
Municipal Corporation, hereinafter referred to as
"City.,,
District and City are sometimes hereinafter individually referred to as "Party" and
hereinafter collectively referred to as "Parties."
RECITALS
WHEREAS, District is a duly organized County Sanitation District existing pursuant to
the County Sanitation District Act, California Health and Safety Code section 4700, et seq.,
providing for the ownership, operation, and maintenance of wastewater collection, treatment, and
disposal facilities within Orange County, California;
WHEREAS, 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 the City;
WHEREAS, District owns, operates and maintains a 12 -inch to 15 -inch trunk sewer line
within the City. located beneath the Big Canyon Country Club ( "BCCC') and Big Canyon
residential development (hereinafter, District's existing sewer line shall be referred to as the "Big
Canyon Trunk Sewer," the location of which is depicted on Exhibit A, attached hereto and
incorporated in full by this reference);
WHEREAS, the Big Canyon Trunk Sewer was built in the 1960s and was subsequently
covered by substantial amounts of earth fill during construction of the BCCC and Big Canyon
residential development;
Page 1 of 10
9 0
WHEARAS, as a result of the construction, portions of the Big Canyon Trunk Sewer are
buried deep underground (up to 45 feet), making it difficult to properly maintain it;
WHERAS, District wants to construct a new sewer main closer to the surface
(approximately 8 feet) to allow easier access for maintenance purposes and to extend portions of
the City's sewer lines to connect to the new sewer main (hereinafter, District's proposed new line
and the portions of the City Sewers to be extended by District shall be referred to as the "OCSD
Trunk Sewer Improvements," the proposed location of which is depicted on Exhibit A);
WHEREAS, City owns, operates, and maintains numerous sewer lines in the Big
Canyon development that connect to the Big Canyon Trunk Sewer (hereinafter the City's
existing sewer lines shall be referred to as the ( "City Sewers, ") the location of which are depicted
on Exhibit A);
WHEREAS, City is planning a sewer improvement project in the Big Canyon area and
desires to repair, replace, and realign a portion of the City Sewers that connect to the Big Canyon
Trunk Sewer hereinafter "City's Sewer Improvements" the location of which are depicted on
Exhibit A);
WHEREAS, City and District desire to perform the repairs, replacement and realignment
of both the Big Canyon Trunk Sewer and the City Sewers simultaneously so as to minimize the
impacts to the public, including the BCCC and surrounding homeowners (hereinafter, the
proposed concurrent construction of the OCSD Trunk Sewer Improvement and City's Sewer
Improvements shall be referred to as the "Joint Project," the approximate locations of the Big
Canyon Trunk Sewer and the City Sewers as they currently exist, and will exist, after the Joint
Project is completed are depicted on Exhibit A);
WHEREAS, City has agreed to administer and enter into the design and construction
contracts for the Joint Project;
WHEREAS, City will coordinate and obtain permissions from the BCCC and the Big
Canyon Homeowners Associations (hereinafter, the BCCC and Big Canyon Homeowners
Association shall be collectively referred to the "HOAs, ") to obtain access to the gated
development and the construction and temporary storage space needed for the Joint Project);
WHEREAS, City and District each will be responsible for obtaining permanent access
easements for their respective sewer lines from the HOAs;
WHEREAS, City and District agree that all sewer maintenance responsibilities and
ownership rights will be clearly set forth on the design plans and permanently memorialized at
the end of the Joint Project when the plans are certified by both parties as "Record Drawings ";
and,
WHEREAS, District has agreed to reimburse the City for the District's share of Joint
Project costs in the manner and subject to the conditions set forth below. 9
Page 2 of 10
• i
0 AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the
Parties hereto agree as follows:
Section 1: Recitals. The Recitals above are deemed true and correct, are hereby
incorporated in this Section as though fully set forth herein, and each Party to this Agreement
acknowledges and agrees that they are bound by the same.
Section 2: Elements of Agreement. City and District shall work cooperatively
n a
together so the Joint Project can be constructed i manner that minimizes the costs and impacts
to the public. The specific terms and conditions governing the elements of this Agreement are
set forth hereinafter.
Section 3: City's Specific Obligations.
A. City shall enter into and administer contracts for the design services
necessary for the Joint Project, which includes contracting with the
necessary engineering consulting services to accomplish the design
efforts.
B. City shall submit prepared plans and specifications for the design and
construction of the Joint Project to the District for review and approval by
the District's Director of Engineering. The plans and specifications shall
meet District's standards and technical requirements and shall separate bid
items so that the City's and District's costs can be easily identified.
District shall not unreasonably withhold its approval of the plans and
specifications.
C. City shall be responsible for compliance with the California
Environmental Quality Act ( "CEQA ") (Pub. Resources Code, Section
21000 et seq.) for all activities associated with the Joint Project and City
shall be the Lead Agency for purposes of the CEQA and, in such capacity,
shall conduct such environmental review (whether by Environmental
Impact Report, Mitigated Negative Declaration, Negative Declaration, or
Notice of Exemption) as CEQA may require. City shall supply to District
a copy of the City- approved environmental review document.
D. City shall prepare and issue a public works bid package and administer the
construction contract for the Joint Project.
E. Upon opening of bids, City shall submit results for review and approval by
District. District shall have a period of ten (10) calendar days for review
of bid results and approval or rejection of the successful bidder. In the
event the District rejects the successful bidder, the City shall reject all bids
Page 3 of 10
• •
or shall proceed with the work at its sole cost and expense, and, without
reimbursement from the District.
F. City shall obtain all necessary permits for construction of the Joint Project
from federal, state and local authorities.
G. Provided the District or City do not reject the successful bidder,City shall
enter into a contract for construction of the Joint Project in accordance
with the approved plans and specifications. That portion of the existing
Big Canyon Trunk Sewer that will not be utilized following completion of
the Joint Project will be abandoned in place.
H. City shall require a one -year warranty on the Joint Project from its
construction contractor, which shall be assigned to District upon the City's
transfer of the District's portion of the OCSD Trunk Sewer Improvements.
Such warranty shall read as follows:
"Contractor guarantees for a period of one (1) year from the date of
final acceptance of the work by City that the Contractor shall
repair or remove and replace any work, together with any other
work which may be displaced in so doing, that is found to be
defective in workmanship and/or materials without any expense to
City or its assigns, ordinary wear and tear excepted. If Contractor
fails to comply with this warranty within one (1) week after being
notified in writing, City or its assigns are authorized to proceed to
have the defects remedied at Contractor's expense. Contractor
shall pay the cost and charges thereof immediately on demand. If,
in the opinion of City or its assigns, defective work detected during
the guarantee period creates a dangerous condition or requires
immediate correction or modification to prevent further loss to
City or its assigns or to prevent interruption of City's or its assigns'
operations, City or its assigns shall be authorized to repair the
condition without prior notice to the Contractor and Contractor
shall pay the cost and charges thereof immediately upon demand.
Contractor's obligations under this section are in addition to
Contractor's other express or implied assurances under this
Contract and State law and in no way diminish any other rights that
City or its assigns may have against Contractor for faulty
materials, equipment, or work. Contractor agrees that this
warranty and guarantee shall be freely assignable to the Orange
County Sanitation District without any further notice to or consent
from Contractor. The Faithful Performance Bond and Labor and
Materials Bond required under this Agreement shall continue in
full force and effect for the guarantee period."
0
Page 4 of 10
• •
I. City shall promptly inform the District during the course of construction
of any proposed change orders to the construction contract. Copies of
proposed change orders affecting the District will be provided to the
District within five (5) working days of submission to City. All change
orders shall be subject to District's approval if, and to the extent, the
OCSD Trunk Sewer Improvements are affected thereby. District agrees
not to unreasonably withhold its approval to such change orders.
J. City shall furnish and deliver to District all Record Drawings of the Joint
Project and any additional project - related documents requested by District
at no cost to District.
Section 4: Easements.
A. District shall endeavor to acquire permanent easements from property
owners, acceptable to the District, to construct, use, maintain, and replace
all portions of the Joint Project encompassing District sewer lines that are
located outside the District's existing easement areas ( "District
Replacement Easements ") and shall be responsible for all costs, if any,
associated therewith. Such District Replacement Easements shall not be
less than twenty-five feet (25') in width, unless District, in its sole
discretion, elects to accept a lesser width. District shall retain or replace
its existing easements for the Big Canyon Trunk Sewer for such segments
of the main as District will continue to use as part of the OCSD Trunk
Sewer Improvements. District also agrees to make reasonable efforts to
assist City in obtaining easements for the realigned portions of City
Sewers.
B. City shall endeavor to acquire permanent easements acceptable to City, to
construct, use, maintain, and replace all portions of the Joint Project
encompassing City sewer lines that are located outside the City's existing
easement areas ( "City Replacement Easements ") and shall be responsible
for all costs, if any, associated therewith City will make reasonable efforts
to assist the District in obtaining District Replacement Easements. City
shall retain or replace its existing easements for the City Sewers for such
segments of the City Sewers as City will continue to utilize.
C. City will not enter into a contract for construction of the Joint Project to
commence until the District and City Replacement Easements are obtained
and accepted by the District and/or City, as applicable, and the City has
obtained permission from the HOAs for the access, construction and
storage space required for the Project. The District and City will make
reasonable efforts to obtain the District and City Replacement Easements
in a timely manner after receipt and/or completion of the City - approved
environmental review document.
Page 5 of 10
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Section 5: District's Specific Obligations.
A. District shall reimburse City for all costs and expenses for the design and
construction attributable to the OCSD Trunk Sewer Improvements and
services related thereto including, but not limited to services and costs for
design consulting engineer, outside construction support, such as
geotechnical or survey work, the pro rata share of CEQA costs and
necessary permits, temporary construction easements, and access
agreements. The district shall also pay the City an amount equal to four
percent (4 %) of the amount of all of said costs and expenses, which shall
be considered the City's "Administrative Fee;" which is intended to cover
the costs incurred by the City for its internal costs related to the Joint
Project. The District's share of Joint Project costs shall not include costs
and services for the design and construction of the City Sewer
Improvements, except that the District's share will include costs directly
attributable to any extensions of the City Sewers made necessary as a
result of the realignment of the OCSD Trunk Sewer Improvements.
B. District shall have the sole and absolute discretion to approve all aspects
of the design and construction of the OCSD Trunk Sewer Improvements,
as well as construction change orders related thereto. District shall assign
a Resident Engineer to oversee change orders, if any.
C. District shall provide construction management and inspection services for
their portion of the Joint Project. District shall inspect construction of the
Joint Project as it deems necessary to assure compliance with the approved
Plans and Specifications, including shop drawing review and/or material
inspection thereof. District shall promptly notify City if any portion of the
work appears not to conform to the Plans and Specifications, and shall
work with the City on all items associated with the Joint Project's
construction.
D. District agrees to accept the District's portion of the OCSD Trunk Sewer
Improvements when completed by contractor retained by City in
accordance with all requirements of the Plans and Specifications,
including any change. orders approved by District as provided in Section
3 -I above. The determination of District as to the conformity of the OCSD
Trunk Sewer Improvements with the Plans and Specifications shall be
made in District's sole and absolute discretion; however, District agrees
not to unreasonably withhold its approval as to such confomlity. Upon
acceptance, District shall own, operate and maintain the District's portion
of the OCSD Trunk Sewer Improvements and shall be liable for all
damages to persons and property caused by the District's operation and
maintenance of the District -owned facilities.
Page 6 of 10
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Section 6: Final Ownership. The design plans may display sewer alignments that
differ from Exhibit A based on engineering analyses performed by a design consultant and either
the City or District. The design plans shall clearly annotate and differentiate the OCSD Trunk
Sewer Improvements and City Sewer Improvements. Differentiation shall be made down to a
manhole and pipe segment basis. Both parties shall agree on this annotation before construction
is initiated. This annotation will be used to determine future ownership and maintenance
responsibilities. After completion of the Joint Project, the plans will be certified as "Record
Drawings" by the City's Director of Public Works and the District's Director of Engineering and
shall be used thereafter to indicate ownership and maintenance responsibilities.
Section 7: Timing and Amount of Reimbursement. For each payment made by City
to its consultants or contractors in connection with the Joint Project, including all progress and
final payments, City shall submit an invoice to District setting forth District's share of the
payment, accompanied by a copy of any supporting documentation that substantiates the
calculation of the District's portion. Within forty-five (45) days following receipt of each
invoice, District shall pay the City the full amount of such invoice, plus the Administrative Fee.
The District's obligation to reimburse the City hereunder is estimated at a cumulative
total of Two Million Dollars (52,000,000). The City agrees to notify the District at the earliest
opportunity if the District's share is expected to exceed Two Million Dollars ($2,000,000)
anytime during the Joint Project.
Section 8: Indemnification.
A. City shall indemnify, defend and hold District, its officers, agents,
employees, and consultants harmless from any and all actions, suits,
claims, liability or expense for death, injury, loss, or damage to persons or
property which may arise or is claimed to have arisen during or out of
construction of the Joint Project and prior to the acceptance by the District
of the District's portion of the OCSD Trunk Sewer Improvements, as a
result of any work or action performed by or on behalf of City, its officers,
agents, employees or consultants, save and except in those instances where
such expense, liability or claim is solely caused by any act, omission, or
negligence of District, its officers, agents, employees or consultants.
B. District shall indemnify, defend and hold City, its elected and appointed
officials, officers, agents, employees, and consultants, harmless from any
and all actions, suits, claims, liability or expense for death, injury, loss or
damage to persons or property which may arise or is claimed to have
arisen as a result of any act performed by District, its officers, agents,
employees or consultants, with respect to the construction of the Joint
Project or following District's acceptance of the District's portion of the
OCSD Trunk Sewer Improvements, as a result of or in connection with the
maintenance and operation of the improvements, save and except in those
instances where such expense, liability or claim is solely caused by any
• act, omission or negligence of City, its officers, agents, employees or
consultants. District shall also indemnify, defend and hold City, its
Page 7 of 10
elected and appointed officials, officers, agents, employees, and
consultants, harmless from any and all actions, suits, claims, liability, cost
or expense which may arise or is claimed to have arisen as a result of the
District's denial of any change order or part thereof
Section 9: Insurance. City shall require the construction contractor to maintain
insurance policies in the amounts stated herein during all times of the construction project. City
shall not allow contractor or subcontractor(s) to commence work on the project until such
insurance is obtained in accordance with the requirements of this section.
City shall require that insurers be admitted carriers and authorized to transact business in
the State of California and that insurers have an "A - ", or better, Policyholder's Rating, and a
Financial Rating of at least Class VII, or better, in accordance with the most current A.M. Best
Rating Guide. City shall include a provision in its contract with contractor that District may
require contractor to substitute any insurer whose rating drops below the levels herein specified
and that the substitution shall occur within twenty (20) days of written notice to contractor by
District or its agent.
City shall require contractor to furnish District with original certificates and amendatory
endorsements effecting coverage. Said policies and endorsements shall conform to the
requirements herein stated. All certificates and endorsements are to be received and approved by
the City and the District before work commences. District reserves the right to require complete,
certified copies of all required insurance policies, including endorsements, affecting the coverage
required by these specifications, at any time.
City shall require that all general liability and automobile liability policies be endorsed to
name the District and City, their officers, employees, agents, and consultants as additional
insureds. City shall require that each insurance policy required herein be endorsed to state that
coverage shall not be cancelled by either party, except after thirty (30) days' written notice. City
shall require coverage in at least the following amounts:
A. General Liabilitv. $2,000,000.00 per occurrence for bodily injury,
personal injury, and property damage and $4,000,000.00 aggregate for
bodily injury, personal injury, and property damage.
B. Automobile Liability. $2,000,000.00 combined single limit per accident
for bodily injury and property damage, including non -owned and hired
vehicles.
C. Workers' Compensation. Workers' Compensation, in accordance with the
Workers' Compensation Act of the State of California for a minimum of
$1,000,000.00, or such minimum limits as the required by the State,
whichever is greater. Such Workers' Compensation Insurance shall be
endorsed to provide for a waiver of subrogation against District.
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Page 8 of 10
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Section 10: Term. This Agreement shall be in full force and effect until the specified
obligations of both Parties have been fulfilled or the Agreement is terminated as set forth herein.
Section 11: Notices. All notices or other communications required or permitted
hereunder shall be in writing and shall be personally delivered or sent by registered or certified
mail, postage prepaid, return receipt requested, delivered or sent by electronic transmission, and
shall be deemed received upon the earlier of: (i) the date of delivery to the address of the person
to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3)
business days after the date of posting by the United States Post Office if by mail; or (iii) when
sent if given by electronic transmission. Any notice, request, demand, direction, or other
communication sent by electronic transmission must be confirmed within forty -eight (48) hours
by letter mailed or delivered. Notices or other communications shall be addressed as follows:
To District: Orange County Sanitation District
Post Office Box 8127
Fountain Valley, CA 92728 -8127
Attention: Penny Kyle, Board Secretary
Facsimile: (714) 962 -0356
To City: City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Steve Badum, Public Works Director
Facsimile: (949) 644 -3020
Section 12: Jurisdiction. In the event of a dispute regarding performance or
interpretation of this Agreement, the venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of California for Orange County. .
Section 13: No Third Party Beneficiaries. This Agreement is entered into by and for
the District and the City, and nothing herein is intended to establish rights or interests in
individuals or entities not a party hereto.
Section 14: Force Mai . Except for the payment of money, neither Party shall be
liable for any delays or other non - performance resulting from circumstances or causes beyond its
reasonable control, including without limitation, fire or other casualty, Act of God, strike or labor
dispute, war or other violence, acts of third parties, or any law, order, or requirement of any
governmental agency or authority.
Section 15: Governing Law. This Agreement shall be governed by the laws of the
State of California.
Section 16: Entire A eement. This Agreement constitutes the entire understanding
and agreement between the Parties and supersedes all previous negotiations and agreements
between the Parties pertaining to the subject matter hereof.
Page 9 of 10
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Section 17: Waiver. A waiver of a breach of the covenants, conditions, or obligations •
under this Agreement by either Parry shall not be construed as a waiver of any succeeding breach
of the same or other covenants, conditions, or obligations of this Agreement.
Section 18: Modification. Alteration, change, or modification of this Agreement shall
be in the form of a written amendment, which shall be signed by each Party.
Section 19. 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.
Section 20. Aereement Execution and Authorization. Each of the undersigned
represents and warrants that they are duly authorized to execute and deliver this Agreement and
that such execution is binding upon the entity on whose behalf they are executing this
Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of the day and year first above written.
APPROVED AS TO FORM:
GENERAL COUNSEL
By
APPROVED AS TO FORM
a
Aaron C. Harp
Assistant City Attorney
Attachment: Exhibit A
ORANGE COUNTY SANITATION DISTRICT
am
Blake P. Anderson, General Manager
Secretary, Board of Directors
CITY OF ?NEWPORT BEACH
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Steve Bromberg, Mayor
ATTEST:
City Clerk
F: %USEMPWShar AOREE1. 7S -OdW&c OSCD -Big C® ym 05140506Cenym- Reimbwxmmi OCSDA.
Page 10 of 10
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•
PROFESSIONAL SERVICES AGREEMENT WITH
SOCAL WALDEN, INC.
FOR ENGINEERING DESIGN AND CONSTRUCTION CONSULTING WORK
FOR THE BIG CANYON SEWER IMPROVEMENT PROJECT
THIS AGREEMENT is made and entered into as of this day of ,
2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and SOCAL WALDEN, INC., a California corporation, whose principal place of
business is 2552 White Road, Suite B, Irvine,. California, 92614 ( "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. SOCAL Walden Inc., which does business as Walden & Associates, is a civil
engineering, planning and land surveying firm that specializes in preparing sewer
construction plans.
C. City has entered into an agreement with the Orange County Sanitation District
(OCSD) which requires the City to enter into design and construction contracts
necessary to realign the trunk sewer line that runs through the Big Canyon
Country Club, between ,Jamboree and MacArthur Boulevards. The new line will
be built at a higher elevation than the existing main and portions of the old main
that are not realigned will be upgraded or abandoned in place (hereinafter the
joint project will be referred to as the "OCSD Trunk Sewer Improvement
Project ").
D. Pursuant to the City's agreement with OCSD, City will be the lead agency on the
OCSD Trunk Sewer Improvement Project, but the plans and specifications will
be done in conformance with the OCSD's Standards and Specifications.
E. City desires to engage Consultant to provide design and construction support
services for the OCSD Trunk Sewer Improvement Project, as described more
fully in the Scope of Services attached hereto as Exhibit A ( "Project").
F. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
G. The principal member of Consultant for purposes of Project shall be David L.
Bacon, P.E.
H. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant -- jointly with the
OCSD — and desires to retain Consultant to render professional services under
the terms and conditions set forth in this Agreement.
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NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM 0
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of July, 2006, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other parry so that all delays can be addressed.
3:1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section, the Scope of Work, and
the Schedule of Billing Rates attached hereto as Exhibit B and incorporated
herein by reference. Consultant's compensation for all work performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed One Hundred and Forty- Thousand, Four -
Hundred and Fifty Dollars ($140,450.00) without additional authorization from
City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City.
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4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant understands that the OCSD
is required to reimburse the City for all costs and expenses related to the
OCSD Trunk Sewer Improvements depicted on the Trunk and Local
Sewer Replacement Map attached hereto as Exhibit "C," which is
incorporated by this reference (hereinafter "OCSD Trunk Sewer
Improvements "). Consultants bills shall include the name of the person
who performed the work, a brief description of the services performed
and /or the specific task in the Scope of Services to which it relates, the
date the services were performed, the number of hours spent on all work
billed on an hourly basis, a description of any reimbursable expenditures,
and shall specifically delineate whether the costs and expenses are
related in any way to the OCSD Trunk Sewer Improvements. City shall
pay Consultant no later than thirty (30) days after approval of the monthly
invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance -of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
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.
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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 fumish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
ADMINISTRATION
This Agreement will be administered by the Public Works Department.
MICHAEL J. SINACORI, P.E. shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable Irfe of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
I
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 fumish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or be in
charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor"), construction means, methods,
techniques, sequences or procedures, or for any health or safety
- precautions and programs in connection with the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall
not be responsible for the Contractors' schedules or failure to carry out the
work in accordance with the contract documents. Consultant shall not
have control over or be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the work.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10.
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12.
13.
14.
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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.
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.
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.
PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance •
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
M
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. Coveraoe Reauirements.
I. Workers' Compensation Coveraoe. 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 Califomia. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non- renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall 'maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit. shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be. performed in connection with this
Agreement in the minimum amount of one million dollars
($1,D00,000).
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E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L 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.
This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall .
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
Vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
• •
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint - venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As -Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City s Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
9
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
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 10
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS 0
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be.
10
• •
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
Shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24.. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to t
Failure to do
termination of
harmless City
violation of this
27. NOTICES
he Act, Consultant shall conform to all requirements of the Act.
so constitutes a material breach and is grounds for immediate
this Agreement by City. Consultant shall indemnify and hold
for any and all claims for damages resulting from Consultant's
Section.
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
11
Attn: Michael J. Sinacori, P.E.
- Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3342
Fax: 949 -644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: 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 parry may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all govemmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
12
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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.
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.
13
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:
Aaron C. Harp
Assistant City Attorney
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
im-
Mayor
for the City of Newport Beach
SOCAL WALDEN, INC:
By:
David L. Bacon
President
3g
David W. Couch
Chief Financial Officer
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Trunk and Local Sewer Replacement Map
F:USERSICATISharedlAGlWalden & Associates - BCCC Sewer Realignment PSA.doc
IEII
0
0
0
/VWLDEN &
S S 0 CIATE S
0
May 18, 2005
Mr. Mike Sinacod
City of Newport Beach
3300 Newport Boulevard
Newport Beach CA. 92663
0 9
2552 WHITE ROAD, SUITE B • IRVINE, CA 92614
9491660 -0110 FAX: 9491660.0416
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
Subject: Civil Engineering Services -
Big Canyon Country Club Sewer Realignment
Newport Beach, CA
Dear Mike:
Walden & Associates is pleased to submit this proposal for the civil engineering and land surveying
services requested for the above referenced project This proposal is based on the Preliminary
Sewer Realignment plans prepared in October 2004 by this "office, between Jamboree Road and
MacArthur Boulevard. Generally this work will consist of the design of a new sewer main at a
higher elevation than the existing main, and fining a portion of the existing sewer main that is not
realigned. It is our understanding that this contract will be issued and administered by the City of
Newport Beach but that the plans and specifications will be done in conformance with the Orange
County Sanitation District (OCSD) Standards and Specifications.
Enclosed you will find the Exhibit A — Scope of Services and Compensation, Exhibit B — Standard
Rate Schedule.
V1 /e appreciate the opportunity to submit this proposal and to be of service to you and the City. If
you have any questions please give me a call.
Sincerely, /�
DaddL. Bacon Mae -mail)
David L. Bacon
DLB/hm
cc: Jeff Beardsley, Big Canyon Country Club
C:1Documents and Set6n9sldbig1.CNBU.ocal SettingslTemporary Internet FileslOLK210011.- COD -A334 BCCC Sewer Realignment - Rev
05- 18.doc
1W 0 0
Walden & Associates Contract Agreement
with City of Newport Beach
EXHIBIT "A"
SCOPE OF SERVICES and COMPENSATION
Consultant agrees to perform the following Scope of Services:
May 18, 2005
In performing its services hereunder, Walden & Associates has or will receive information prepared
or compiled by others, the accuracy and completeness of which Walden & Associates is entitled to.
rely upon without independent evaluation or verification.
Task 1: Field Joins Survey:
Using the 1" = 40' scale topographic mapping previously prepared by this office for this
project area, we will field locate and dip the flowlines (to the best of our ability) of the
existing manholes that will be joined or modified by new construction. We will also locate
any visible hard improvements in the vicinity of new manholes. This does not include non-
essential manholes for design purposes of a new trunk line. Horizontal survey control
points will be set on an intevisable line that can be used for construction control. Onsite
bench marks will be set for vertical control of the construction process.
Task 2: Desion Development Meetings Coordination and Project Management:
Provide an allowance of approximately 24 hours for research, design development project
meetings, project coordination and project management with client, consultants and
governing agencies during the process of establishing and approving the Preliminary
Engineering Phase of the project. This would include research for existing plans at the City
and at Big Canyon Country Club. Information shown from the referenced plans will be
noted on the base topo for design purposes of sewer plan and profile sheets.
Task 3: Sewer Improvement Plan:
Prepare Sewer Improvement Plans for the proposed sewer main from Jamboree Road to
MacArthur Boulevard. This includes plan and profile of the main line with connections or
relocations for any existing service sewer lines that join the existing sewer main line.
Altematives will be suggested to accommodate maintaining existing flow though the new
sewer trunk line during the construction period. Final interim connections or bypass
facilities will be the responsibility of the contractor as specified in the contract documents.
Task 4: Quantity and Cost Estimates:
Prepare a preliminary cost estimate for budgeting purposes based on preliminary plan and
profiles. Prepare final quantity estimates to be included in the contract document portion of
the specifications for all construction work as shown on the final plans. Our best estimate
will be made to include a provision for items that might not be quantifiable within the golf
course due to a lack of reference plans.
Task 5: Specifications:
Prepare Special Provisions for the OCSD boiler plate specifications, modified as
necessary, to include project specific requirements.
JN: 0011- 000 -A334 Exhibit "A"
Page 2 Client Initials
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Walden & Associates Contract Agreement
with City of Newport Beach
i.
May 18, 2005
Task 6: Sewer Easements:
Prepare new sewer easement legal descriptions and plats for the realigned sewer main
based on easement widths negotiated with Big Canyon County Club. We would also
include easements and plats for those sewer service lines that connect to the existing
sewer main. Upstream limits of these service line easements will be the point of
connection. The client is to provide copies of all existing easements to be joined or
modified.
Task 7: Meetings. Coordination and Processing (T &M Budget):
Provide an allowance of approximately 80 hours for project meetings and project
coordination with client and consultants and processing of plans with governing agencies
during the final design period. This allowance is for budget purposes only and will be billed
on an hourly basis for work as required.
Task 8i Construction Phase Services (T &M Budget):
Provide an allowance of approximately 284 hours for construction phase services as
required for the project. This includes responding to RFI's, providing clarification of the
drawing; responding to shop drawings, change orders and field visits as needed. Our best
estimate at this time, for field visits to confirm progress, will be twice a week for
approximately 4 months. Record drawings will be prepared based on a set of redlined
construction plans, supplied by the contractor, at the end of construction. This allowance is
for budget purposes only and will be billed on an houry basis for work as required. This
does not include construction staking, inspections, certifications or site supervision of any
nature.
Task 9: Reimbursables:
Generally we will_ use the City's account at Mouse Reprographics for reproduction and
deliveries. However, for times when this is inconvenient we will provide an. allowance for
reimbursables to include blueprinting, CAD plotting, reproduction and deliveries.
ADDITIONAL SERVICES
Services which are not specifically identified herein as services to be performed by Walden &
Associates, or its consultants, are considered "Additional Services" for purposes of this Agreement.
Client may request that Walden & Associates perform services which are Additional Services.
However, Walden & Associates is not obligated to perform such Additional Services unless an
amendment to this Agreement has been fully executed setting forth the scope, schedule and fee
for such Additional Services. In the event Walden & Associates performs requested Additional
Services before receipt of such executed Amendment, Client acknowledges its obligation to pay for
such services at Walden & Associates' standard rates, within 30 days of receipt of Walden &
Associates' invoice. All Additional Services shall be billed in accordance with the current Standard
Fee Schedule. (Exhibit "C ")
JN: 0011 -000 -A334
Page 3
Exhibit "A"
Client Initials
Vik 0 0
Walden & Associates Contract Agreement May 18, 2005
with City of Newport Beach
EXCLUSIONS
Consulting services relating to any of the following items are specifically excluded from this
contract.
Soils engineering, testing and reports.
Title Reports, recorded documents, etc.
Construction staking or certifications.
Offsite improvements except as defined herein.
Surveying or mapping except as defined herein.
Storm Water Pollution Prevention Plan (S.W:P.P.P.)
Water Quality Management Plan (W.Q.M.P.)
Sewer Study or Hydraulic Analysis.
Erosion Control Plan.
Access or Traffic Control Plan
CLIENT RESPONSIBILITIES
Client shall pay all governmental fees and costs.
Client shall furnish all title reports, plans, documents and deeds to be used by Consultant
as a basis for this project
Client shall furnish all soils testing, reports and documentation required for this project.
Client shall pay for all blueprinting, CADD plotting, mylar photo work, sepia reproductions
and deliveries required for this project.
Client shall furnish plans for all City service mains connected to the O.C.S.D. Trunk
Sewer.
JN: 001 1 - 000 -A334 Exhibit "A°
Page 4 Client Initials
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Walden & Associates Contract Agreement May 18, 2005
with City of Newport Beach
COMPENSATION
Client agrees to compensate Consultant as indicated below:
Task
Description
Fee
1
Field Joins Survey
$
8,620
2
Design Development, Meetings and Project Management (T &M Budget)
$
3,340
3
Sewer Improvement Plan
$
61,900
4
Quantity and Cost Estimates
$
3,900
5
Specifications
$
11,560
6
Sewer Easements (T &M Budget)
$
6,390
7
Meetings, Coordination and Processing (T &M Budget)
$
10,800
8
Construction Phase Services (T &M Budget)
$
30,940
9
Reimbursables
$
3,000
Total Compensation
$140,450
An allowance for blueprinting, CADD plotting, photo work, reproduction and deliveries is included in
our fee as Task 9.
Progress billings will be forwarded to the Client on a monthly basis. These billings will include the
fees earned for the billing period plus all direct costs advanced by Consultant. The Client shall
make every reasonable effort to review invoices within fifteen (15) working days from the date of
receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be
incorrect.
The fees proposed herein shall apply until July 31, 2DD6.
Work shall commence upon receipt of a signed copy of this Contract Agreement.
JN: 0011- 000 -A334
Page 5
Exhibit W
Client Initials
•
VSSOCSDEN &
&E5
1140.458 -008
Rev. May 18, 2005
Big Canyon Country Club S
Sewer Realignment
Labor -Hour Fee Proposal
Rates
$160 !hr
$135 !hr
$105 /hr
$80Por
5501
$170 !hr
W
iu
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is
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c
Total
o ot N
G.Nr
c
W
t R
Task
Total Task
Task
5
i
o w
v c o`
U
to N
Hours
Cost
Contract
CL
It
32
60
$ 8,620
5 8,620
Field Joins Survey
8
1 20
I
Design Development Meetings,
24
5 3.340
5 3,340
Coordination & Protect Mangement
4
20
610
$ 61,900
S 61,900
Sewer improvement Plan
10
1 60
360
180
36
5 3,900
$ 3,900
Quantity & Cost Estimates
4
32
20
116
5 11,560
5 11560
Saecifica§Dns
16
80
58
5 6.390
$ 6,390
Sewer Easements
10
48
Meetings, Coordination & Processing'
80
$ 10,800
5 10,800
BD
Construction Phase Services `
24
1D0
8D
40
40
284
I $ 30,940
i 30,940
5 3.000
$ 3.000
Reimbursabies
Totals
38
298
620
220 1
60
32 1
1,266
1 5140,450
5140,450
` Allowance only, to be bitted against on a Time and Material basts.
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Walden & Associates Contract Agreement
with City of Newport Beach
EXHIBIT "B"
STANDARD FEE SCHEDULE
The following fees are effective through July 31, 20D6.
$160.00/hr. for Principal
$135.00 /hr_.for Project Manager
$120.00 /hr. for Project Engineer
$105.00/hr. for Design Engineer/Land Surveyor
$95.00 1hr. for Engineer /Land Surveyor
$85.00/hr. for Assistant Engineer /Designer/Land Surveyor
$80.00 /hr. for Cad Draftsman
$50.00/hr. for Clerical
$170.00/hr. for 2 -man Survey Crew
$205.00 /hr. for 3 -man Survey Crew
$250.D0/hr Expert Witness Deposition and Trial Testimony
JN: 0011 - 000 -A334
Page 6
May 18, 2005
Exhibit "A"
Client Initials
• •
Exhibit C
To Professional Services Agreement
Is The Same As Exhibit A To
Reimbursement Agreement With.
Orange County Sanitation District
11
L
jity of Newport Beat'# NO. BA- 065
BUDGET AMENDMENT
2004 -05 AMOUNT: S14o,aso.00
FFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations for the Big Canyon Area Joint Sewer Project.
ACCOUNTING ENTRY:
BUDGETARYFUND BALANCE
Amount
Fund Account
Description Debit Credit
REVENUE ESTIMATES (360 1)
Fund/Division Account
Description
250 4839
OC Sanitation District Contribution $140,450.00
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7251
Contributions
Account Number C5600292
Sewer Main Master Plan Improvement $140,450.00
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Signed: �y %7/��✓� .4f _�i�_� _ 6�G�3�
Financial pproval.l: Administrat' a Services Director Date
Signed: it. �
Administrative Appr val: City Manager to
Oed:
City Council Approval: City Clerk Date