HomeMy WebLinkAboutC-4096 - PSA for Lido Street Rehabilitationu'
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT WITH
WALDEN & ASSOCIATES FOR
LIDO STREET REHABILITATION
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT, is entered into as of this Iff day of P"kM , 2009, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and
SOCAL WALDEN, INC., a California Corporation, doing business as, WALDEN &
ASSOCIATES whose address is 2552 White Road, Suite B, Irvine, California 92614
( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On January 27, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for engineering
services for the Lido Isle Street Rehabilitation, hereinafter referred to as
"PROJECT."
B. CITY and CONSULTANT have entered into two separate AMENDMENTS of the
AGREEMENT, the latest dated July 17, 2009.
C. CITY desires to enter into this AMENDMENT NO. THREE to extend the term of
the AGREEMENT to June 30, 2010.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. THREE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to June 30, 2010.
2. INTEGRATED CONTRACT
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.
THREE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
X-/—�—
Vret : Beaamp,
Assistant City At ney
ATTEST:
R
By: �
Leilani I. Brown,
City Clerk -Idormbl
sL! FORS
2
CITY OF NEWPORT BEACH,
A Municipal Corpoon
;hien-K. Badum,
blic Works Director
WALDEN & ASSOCIATES:
B �l
David L. Ba ,
President
By: -
David W. Couch,
Chief Financial Officer
40�
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
WALDEN & ASSOCIATES
FOR LIDO STREET REHABILITATION
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this l 0 day of NI , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and SOCAL WALDEN,
INC., a California Corporation, doing business as, WALDEN & ASSOCIATES whose
address is 2552 White Road, Suite B, Irvine, California, 92614 ( "CONSULTANT "), and
is made with reference to the following:
RECITALS:
A. On January 27, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for engineering
services for the Lido Isle Street Rehabilitation, hereinafter referred to as
"PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT.
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. TWO ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. TWO, including but not limited to, all work set forth 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.
2. City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. TWO, including all
reimbursable items and subconsuitant fees, shall not exceed Ten Thousand,
Three Hundred Ninety Dollars and no /100 ($10,390.00) without prior written
authorization from City.
3. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force d
effect. an
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM:
By:
ynette D. ea h mp
Assistant City Att rney
for the City of Newport Beach
ATTEST:
in
I .
Leilani Brown,
City Clerk
for the City of
Attachment: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
B y: �..
H e Bludau
City Manager
for the City of Newport Beach
WALDEN & ASSOCIATES:
David L. Bacon,
President
By: ��
David W. Couch
Chief Financial Officer
EXTRA WORK AUTHORIZATION REQUEST
TO: Patrick Arciniega
COMPANY: City of Newport Beach
PROJECT: Lido Isle, Via Lido, Via
Oporto & Via Malaga
Street Rehabilitation
CLIENT CONTRACT NO: C -4096
FROM: Steve Krieger
DATE: June 17, 2009
C.O. # 2
W/A JOB NO. 1649 - 369 -001
DESCRIPTION OF SERVICES REQUIRED AND PURPOSE OF CHANGE ORDER:
1. Additional design:
Provide additional design services and plan changes not included within original scope of work
including, but not limited to modifications to driveway approaches along Via Lido, Via Oporto and
Via Malaga; relocating curb access ramps and expanding removal and replacement limits at the
intersection of Via Lido and Via Oporto; provide grid details at intersections along Via Lido and
separate plans and specifications to provide for phasing of the project. This does not include any field
topo survey.
2. Design Median Island at Via Lido and Lafayette Avenue:
Design median island and provide stub for future irrigation. Design will also include revised striping
and provide for ADA path of travel, including required access ramps across Lafayette Avenue and the
new median island. This does not include any field topo survey.
AMOUNT REQUESTED FOR THIS CHANGE ORDER
AUTHORIZED BY:
Client
Date
$ 10,390
Please sign and return to authorize Walden & Associates to proceed with the above work.
F: \WORDDOCS \INVOICES \1649.369-001 CO#2 06 10 2009.doc
WALDEN 8c
SSOCtATES
Lido Isle, Via Lido, Via Oporto & Via Malaga Street Rehabilitation
C-4096
Labor -Hour Fee Proposal - REVISED 06/17/09
1649 - 369 -001
April 8, 2009
June 17, 2009
Rates
$160 /hr
$140 /hr
$125 /hr
$110 /hr
$85 /hr
$60 /hr
y
m
v
d
io
E
C.O. #1
C.O. #1
C.O. #2
C.O. #2
m
c
c
g
Ta
Task Hours
Task Cost
Task Hours
Task Cost
o.
14
$
m
Original
(Additional)
(Additional)
(Additional)
(Additional)
d
d
.y
°p
"
Task
Original
Adjusted
Task
a`
a
a
v
U
Hours
Task Cost
Contract
Street Improvement Plan
2
16
144
392
40
594
$ 67,080
Change Order 1
2
8
24
8
42
$ 4,600
$ 71,680
Change Order
1
1
f 8
1 24
48
1
1
1
61
$ 9,560
$ 81,240
Striping Plan
4
1 28
48
1 16
1
96
$ 10,700
Change Order 2
1
2
4
7
$ 830
$ 11,530
Utility Research and Coordination
2
16
18
$ 2,280
$ 2,280
Quantity & Cast Estimates
2
8
16
4
30
$ 3,280
$ 3,280
Specifications
2
32
8
42
$ 4,760
Change Order 1
4
4
$ 500
$ 5,260
Meetings, Coordination & Project
Management
4
16
20
40
$ 5,380
$ 5,380
Record Drawings
2
24
12
38
$ 3,940
$ 3,940
Reimbursables
$ 2,000
$ 2,000
Total (Original)
6
44
248
480
68
12
858
99,420
Total (Change Order 1)
0
2
12
24
8
0
46
$ 5,100
104,520
Total (Change Order 2)l
1
1 9
1 26
7-Y27-51
0
88
$ 10,390
$ 114,910
F- 1MRDDCCMDL8Tmpos 1$W39_co2.x15
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AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
WALDEN & ASSOCIATES
FOR LIDO STREET REHABILITATION
THIS AMENDMENT NO. ONE TO F�OFESSIONAL SERVICES AGREEMENT,
is entered into as of this may of , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and SOCAL WALDEN,
INC., a California Corporation, doing business as, WALDEN & ASSOCIATES whose
address is 2552 White Road, Suite B, Irvine, California, 92614 ( "CONSULTANT "), and
is made with reference to the following:
RECITALS:
A. On January 27, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for engineering
services for the Lido Isle Street Rehabilitation, hereinafter referred to as
"PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional
services not included in the AGREEMENT .
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. ONE ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. ONE, including but not limited to, all work set forth 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.
2. 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.
3. 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.
ONE on the date first above written.
APPROVED AS TO FORM:
BAyn
- e a amp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
Leilani Brown, J
City Clerk
for the City of Newport Beach
U
%�ffiORSXr;
Attachment: Exhibit A — Scope of Services
CITY OF NEWPORT ACH,
A Municipal Cor ion
Stqpfie,a-G. Badum
,p'u'blic Works Director
for the City of Newport Beach
WALDEN & ASSOCIATES:
By rZ.
David L. Bach ,
President
By: 9Z�z�
David W. Couch
Chief Financial Officer
EXHIBIT A
Vik
EXTRA WORK AUTHORIZATION REQUEST
TO: Patrick Arciniega
COMPANY: City of Newport Beach
PROJECT: Lido Isle, Via Lido, Via
Oporto & Via Malaga
Street Rehabilitation
CLIENT CONTRACT NO: C -4096
FROM: Steve Krieger
DATE: April 15, 2009
C.O. # 1
W/A JOB NO. 1649 - 369 -001
DESCRIPTION OF SERVICES REQUIRED AND PURPOSE OF CHANGE ORDER:
1. Storm Drain Addition at Via Antibes and Via Lido Nord:
Re- design street intersection to accommodate the removal of the existing cross gutter
traversing Via Lido Nord near the intersection with Via Antibes. Design will include new
catch basins and local depressions on the southerly corner of the intersection and lateral storm
drain pipe to the existing catch basin on the northerly side of Via Lido Nord.
Fee:
AMOUNT REQUESTED FOR THIS CHANGE ORDER
AUTHORIZED BY:
Client
Date
...... ..............................$ 5,100
Please sign and return to authorize Walden & Associates to proceed with the above work.
$5,100
A SOC &
SOCIATES
Lido Isle, Via Lido, Via Oporto & Via Malaga Street Rehabilitation
C-4096
Labor -Hour Fee Proposal - REVISED 04 /15/09
1649 -369 -001
April 8, 2009
Rates
$160 /hr
$140 /hr
$125 /hr
$110 /hr
$85 /hr
$60 /hr
I O
a`
c
v
e
c
E
E
C.O. #1
C.O. #1
R
c
e
Task Hours
Task Cost
a
LU
_
13
a
Original
(Additional)
(Additional)
13
0
Task
Original
Adjusted
Task
o`
o`
o`
o
Hours
Task Cost
Contract
Street Improvement Plan.
2
16
144
392
40
594
$ 67,080
42
$ 4,600
$ 71,680
X- Gutter/ Catch Basins Via Lido Nord
2
8
24
8
1
Striping Plan
4
28
48
16
96
10,7001
10,700
Utility Research and Coordination
2
16
18
$ 2,2801
$ 2,280
Quantity & Cost Estimates
2
8
16
4
30
$ 3,280
t
$ 3,280
Specifications
2
32
8
42
$ 4,760
Storm Drain
4
4
$ 500
$ 5,260
Meetings, Coordination & Project
Management
4
16
20
1
1
40
$ 5,380
$ 5,380
Record Drawings
2
1 24
12
38
3,940
1 $ 3,940
Reimbursables
$ 2,000
$ 2,000
Total (Original)
6
44
248
480
68
12
858
$ 99,420
Total (Additional)
0
2
12
24
8
0
46
$ 5,100
$ 104,520
FaW0RDD0CSDLBkRmpwa1s1a839_co t.als
;l
PROFESSIONAL SERVICES AGREEMENT WITH
SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES
FOR LIDO ISLE STREET REHABILITATION
if q6
THIS AGREEMENT is made and entered into as of this Rr day of JM!A ,
2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and SOCAL WALDEN, INC., a California Corporation, doing business as
( "DBA "), WALDEN & ASSOCIATES, whose address 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. City is planning to repave the following streets: Via Lido, Via Oporto, Via Malaga,
and the western side of Via Lido Island.
C. City desires to engage Consultant to prepare plans and specifications for the
Lido Isle Street Rehabilitation ('Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be David L.
Bacon, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 st day of December, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the 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 Ninety -Nine Thousand, Four Hundred Twenty Dollars and no /100
($99,420.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
- - Consultant:
2
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 performed
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.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
PATRICK ARCINIEGA 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: -- - - --
3
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in
Consultant's work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction
company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice, its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
- - death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
W
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "),
which may arise from or in any manner relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may
be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement 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
5
}
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
I. Workers' Compensation Coverage. Consultant shall
maintain Workers' Compensation Insurance and Employer's
Liability Insurance for his or her employees in accordance with the
laws of the State of California. In addition, Consultant shall require
each subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain
commercial general liability insurance in an amount not less than
one million dollars ($1,000,000) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
■
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant
shall maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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.
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 (10 calendar days written
VA
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall; at Consultant's
expense, provide such Documents to City upon prior written request.
LA
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City `As- Built'
drawings, and a copy of digital ACAD and tiff image files of all.final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version of
AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the
City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
- - - judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
0
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the
investments during the time period, from
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
rate of return that City earned on its
the date of withholding of any amounts
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 the law or any other sections of this
Agreement.
10
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
,Consultant to City shall be addressed to City at:
Attn: Patrick Arciniega
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3347
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: David L. Bacon, P.E.
Walden & Associates
2552 White Road, Suite B
Irvine, CA 92614
Phone: 949 - 660 -0110
Fax: 949 - 660 -0418
11
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, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
12
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. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
34. 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.
35. 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.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
191
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
CIl
A�
�-- C
By:
City Attorney
for the City of Newport Beach
ATTEST:
By. 4 < J
Leilani Brown,
City Clerk
for the City of Newport Beach
CONSULTANT:
000,
By. .�-
(Corporate Officer)
Title: �/L�
Print Name: c,
By: � V460 ZI-t-1,
(Financial Officer)
Title: 9A2
Print Name: Quit//D W, 6V,114:171" --
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
14
Walden & Associates Contract Agreement
with City of Newport Beach
EXHIBIT "A"
SCOPE OF SERVICES
Consultant agrees to perform the following Scope of Services:
December 22, 2008
In performing its services hereunder, Walden & Associates 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.
This project consists of the following streets and limits
• Via Lido from Newport Blvd. to Via Lido Soud
• Via Oporto from Via Lido to 32nd St.
• Via Malaga from Via Oporto to Via Lido
• Via Antibes from Via Lido Soud to Via Lido Nord
• Via Barcelona from Via Lido Soud to Via Lido Nord
• Via Cordov from Via Lido Soud to Via Lido Nord a
• Via Dijon from Via Lido Soud to Via Lido Nord
• Via Eboli from Via Lido Soud to Via Lido Nord
• Via Firenze from Via Lido Soud to Via Lido Nord
• Via Genoa from Via Lido Soud to Via Lido Nord
• Via Florence from Via Lido Soud to Piazza Lido
• Via Fermo from Via Lido Soud to Via Firenze
• Via Grazina from Via Havre to Via Lido Nord,
• Via Havre from Via Lido Soud to Piazza Lido
• Piazza Lido from Via Florence to Via Koron
• Piazza Genoa from Via Lido Soud to Via Genoa
• An alley between Via Lido Soud and Via Lido Nord just north of Via Antibes
Task 1: Street Improvement Plans
Prepare Street Improvement Plans for the pavement rehabilitation of the streets listed
within the project limits as stated above. This will be plan and profile at a scale of 1" = 20'
and will include limits of grinding and overlay, removal and replacement of pavement, curb,
curb and gutter, sidewalk, cross - gutters and access ramps as necessary and agreed upon
with the City. The base sheet utilized for these plans will be based on the Topographic
Survey provided by the City in an AutoCADD digital format. This assumes said topographic
survey is complete, accurate and adequate for the intended use. This task will also include
researching City records for existing improvements within the project limits.
JN: 0011 - 000 -A839 Exhibit "A"
Page 2 Client Initials
Walden & Associates Contract Agreement December 22, 2008
with City of Newport Beach
Task 2: Striping Plans:
Prepare Striping Plans for the streets within the project limits. This will show matching and
restriping to the existing conditions. This plan will be prepared per City requirements and
will reference Caltrans striping details as appropriate.
Task 3: Utility Research and Coordination:
Contact the applicable utility companies, to obtain locations and Atlas Maps of their facilities
within the project limits. This will be used for identification of facilities for protection during
construction and determining responsibility for adjusting to grade. We will notify the utility
companies of the proposed project improvements for coordinating their work and for
adjusting their facilities to grade in conjunction with the City's project.
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.
Task 5: Specifications:
Prepare specifications for the proposed street improvements based on the plans
referenced above. These specifications will consist of City provided boilerplate
specifications which we will modify as applicable, and will include any related special
provision sections as needed.
Task 6: Project Management, Meetings and Coordination:
Provided an allowance of 40 hours for project management, meetings and coordination
with the City and consultants as required.
Task 7: Record Drawings
Provide record drawings based on contractor provided and City approved redline mark -ups
at the completion of construction.
Task 8: 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
JN: 0011 - 000 -A839 Exhibit "A"
Page 3 Client Initials
Walden & Associates Contract Agreement December 22, 2008
with City of Newport Beach
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 "6')
EXCLUSIONS:
Consulting services relating to any of the following items are specifically excluded from this
contract.
• Soils engineering, testing and reports.
• Supplemental ground topo pick -up.
• Title Reports, recorded documents, etc.
• Construction staking or certifications.
• Offsite improvements except as defined herein.
• Storm Water Pollution Prevention Plan (S.W.P.P.P.)
• Erosion Control Plan.
• Access or Traffic Control Plans
• Any task not specifically indentified herein.
ASSUMPTIONS AND CLIENT RESPONSIBILITIES
Consultant's obligations hereunder are based upon the following understandings:
• Topographic survey will be prepared by others and provided in an AutoCADD digital format
and will be used for preparation of base sheets. This assumes said topographic survey is
complete, accurate and adequate for the intended use and no ground topo pick -up will be
required by Walden & Associates to supplement forjoins and /or design purposes.
• City will provide all available As -Built and Record Drawings for use in design.
• City shall furnish pavement analysis report with recommendations for rehabilitation
acceptable to the City and shall be used as a basis for this project.
• Construction Staking will be part of the Contractor's responsibility.
• Traffic Control Plans will be part of the Contractor's responsibility.
• Stormwater Pollution Prevention Plan (SWPPP) will be part of the Contractor's
responsibility.
• Prevailing wages do not apply to the Civil Engineering Services phase of the project.
• City shall pay all governmental fees and costs.
JN: 0011 - 000 -A839 Exhibit "A"
Page 4 Client Initials
Walden & Associates Contract Agreement
with City of Newport Beach
EXHIBIT "B"
COMPENSATION
Client agrees to compensate Consultant as indicated below:
Task Description
Design Phase Services:
1 Street Improvement Plans
2 Signing and Striping Plans
3 Utility Research and Coordination
4 Quantity and Cost Estimates
5 Specifications
6 Meetings, Coordination, and Project Management
7 Record Drawings
8 Reimbursables
*See Labor -Hour breakdown
December 22, 2008
Budget
$ 67,080
$ 10,700
$ 2,280
$ 3,280
$ 4,760
$ 5,380
$ 3,940
$ 2 000
`Total Compensation $99,420
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 December 31, 2009.
Work shall commence upon receipt of a signed copy of this Contract Agreement.
JN: 0011 - 000 -A839 Exhibit "B"
Page 5 Client Initials
Walden & Associates Contract Agreement
with City of Newport Beach
STANDARD FEE SCHEDULE
The following fees are effective through December 31, 2009.
$160.00 /hr. for Principal
$140.00 /hr. for Project Manager
$125.00/hr. for Project Engineer
$110.00 /hr. for Design Engineer
$85.00 /hr. for Assistant Engineer /Designer/ Cad Draftsman
$60.00 /hr. for Clerical /Processor
Exhibit B
December 22, 2008
Reproduction, deliveries, and other reimbursables will be surcharged 10% and billed in addition to
the above fees.
JN: 0011- 000 -A839 Exhibit ° &°
Page 6 Client Initials
,� SSOC &
SSOCIATES
Lido Isle Pavement Rehabilitation
Phase 1
Labor -Hour Fee Proposal
Rates
$160 /hr
$140 /hr
$125 /hr
$110 /hr
$85 /hr
$60 /hr
L
CO
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d
L
C
A
E
C
w
W�
C
C
W
W
°
Task
Task
a`
a`
a`
o
(aj
v
Hours
Task Cost
Street Improvement Plan
2
16
144
392
40
594
$ 67,080
Striping Plan
4
28
48
16
96
$ 10,700
Utility Research and Coordination
2
16
18
$ 2,280
Quantity & Cost Estimates
2
8
16
4
30
$ 3,280
Specifications
2
32
8
42
$ 4,760
Meetings, Coordination & Project
Management
4
16
20
40
$ 5,380
Record Drawings
2
24
12
1 38
$ 3,940
Reimbursables
$ 2,000
Total
6
44
248
480
68
12
858
1 $ 99,420
F:\WORDDOCSNDLBIPROPOSAL\a839.xls
A839
December 22, 2008
�1
V
Project Schedule
City of Newport Beach
Lido Isle Rehabilitation Project
'
. January _
I
Februa March .'.,
� it
... A �r_
ID Task Name
Duration
Start F�mshfi2/28 1/4 1111 1116 1/25
y.
2/1 218 2/15 2122 311 3/8
-�
3/15 3/22 3129 4'� 4/5 1
1 Contract Awarded/ Notice to Proceed (Assumed date)
0 days
Tue 1 16/09 Tue 1/6/091 116
.ry _-
^2 ,City Meeting
0 days
Tue 116/09 Tue 1/6/09 j 116
] I Research & Evaluate Record Data
1 day
Wed 1/7109 Wed 1!7109
4 I Utility Notifications- Send 8 Receive
-- 20 days
- -- Tue 116109 Mon 212109 ............... . -
-.
City Provided Topo - Received
0 days
Fri 1/16109 Fri 1/161091 .',1/16
6 1 Site Review w/Topo
1 day
Mon 1/19/09 Mon 11191091
I
-
7 -1 ......... _. __.
7 J Site Review wlCity
1 day
....... _i
- Mon 1126109 Mon 1/26/091 i
I
I I
8 ' Prepare 80% Plans, Specifications & Estimate (NOTE: Start date
25 days
Mon 1119109 Fri 2/20109 �I,
of plans, specifications and estimate preparation are predicated .:
,on the delivery of the City provided topo.)
41 City Meeting
0 days
Fd 2/20109 Fri 2/20/091
. 2/20
10 !City Plan Check -
- 10 tlays
Mon 2!23109 Frl 316/09'
11 City Meeting
0 days
Fri 3/6109 Fit 316/091
316
12 Prepare 100% Plans. Specifications & Estimate
10 days
Mon 3/9/09 Fri 3/20/09 i ', ',
---T3--1 .. -..... _......
City n Check
ly Pla
5 days
... .. ....... .
Mon 3/23109 Fn 3/271091
14 i Submit Mylars, Specifications & Estimate
0 days
Tue 3131/09 Tue 3/311091
i
3/31
Task
Summary ^ Rolled Up Progress
Project Summary
Project: 1649 lido Isle Proposal Schad
Progress
p
Rolled Up Task Split
Group By Summary
p
^
Date: Wed t /7/09
"
" " • " •
Milestone
Rolled Up Milestone O External Tasks ;ro - x«a'• . r<',
Project No. 27 -607
Page 1
�1
V
Fax #:
l /
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 2/6i09 Dept. /Contact Received From: Shauna Ovler
Date Completed: 2/6109 Sent to: Shauna Oyler By: Jessica Scherer
Company /Person required to have certificate: SOCAL Walden Inc.
GENERAL LIABILITY
A. INSURANCE COMPANY: Travelers Property Casuals) Lisurance Coin pany of.Ameri ca
B. AM BEST RATING (A: VII or greater): A +XV
A.
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
$2Ni Each Occ /SAM Agg
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
® Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
D.
City its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
E.
included): Is it included?
® Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named
officers, officials, employees and volunteers): Is it included? ❑ Yes
insured is not limited solely by their negligence) Does
F.
endorsement include "solely by negligence" wording?
❑ Yes ® No
1. NOTIFICATION OF CANCELLATION: Although there is a provision
that requires
notification of cancellation by certified mail, per Lauren Farley,
the City will accept the
endeavor wording.
❑ No
1I. AUTOMOBILE LIABILITY
A.
INSURANCE COMPANY: State Faun Mutual Auto 111StVance Company
B.
AM BEST RATING (A: VII or greater) A + +XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes
❑ No
D.
LIMITS (Must be $1 M min. BI & PD and $500,000 UM):
What is limits provided? $1,000,000
E.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ❑ Yes
❑ No
F.
PRIMARY & NON- CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ Yes
❑ No
G.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail, per Lauren Farley, the City will accept the
endeavor wording.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Travelers Casualty Insurance Company of America
B. AM BEST RATING (A: VII or greater): A +XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL additional i161-cddoes not list all entities required.
Additional insured endorsement only covers on oin<, operations- does not fi3gde completed o erations.
0
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
January 27, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Patrick Arciniega, Senior Civil Engineer
949 - 644 -3311 or parciniega @city.newport - beach.ca.us
SUBJECT: LIDO ISLE STREET REHABILITATION — CONTRACT NO. 4096 -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
WALDEN & ASSOCIATES FOR DESIGN SERVICES
Recommendation:
Approve a Professional Services Agreement with Walden & Associates, of Irvine, CA,
for design of final construction plans for Lido Isle Street Rehabilitation at a not to
exceed price of $99,420.00 and authorize the Mayor and City Clerk to execute the
Agreement.
Discussion:
On November 25, 2008, Council awarded a contract to Coast Surveying in the amount
of $67,604.00 for survey of the project area to begin base map preparation for design.
Due to schedule constraints and a large work load, adequate staff resources are not
available, to complete this project in house; therefore, staff is recommending Council
authorize this agreement with Walden & Associates for design services so that the work
can be completed by the end of February 2009 and construction can begin this spring
as scheduled.
The City considered three design firms: Civil Works Engineers, Nolan Consulting Inc.,
and Walden. Due to the workloads of Civil Works Engineers and Nolan Consulting,
Inc., the City requested a proposal from Walden & Associates for the remaining work
required to complete construction plans, estimates and specifications that can be
competitively bid by Public Works and scheduled for construction in spring 2009. The
proposed not to exceed professional engineering services fee is $99,420.00. The
scope of Walden & Associates professional services will include:
• Final Engineering — Preparation of Construction Documents
• Project Management, Meetings
• Striping Plans
• Record Drawings
- ` Lido Isle Pavement Rehabilitation — AF... ,wal of PSA with Walden & Associates
January 27, 2009
Page 2
Environmental Review:
Engineering design services are not projects as defined by the California Environmental
Quality Act (CEQA) Implementing Guidelines.
Funding Availability:
There are sufficient funds available in the following account for the project:
Account Description Account Number Amount
Traffic Congestion Relief 7191- C2002021 $ 99,420.00
Total: $ 99,420.00
Prepared by: Submitted by:
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Patrick Arcinfe a, P.E. 64 Stephen G. Badum
Senior Civil En4ineer Public Works Director
Attachment: Professional Services Agreement
Location Map
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PROJECT LOCATIONS
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FUTURE PROJECT LOCATIONS a ®l
CITY OF NEWPORT BEACH
LIDO ISLE - VIA LIDO
PUBLIC WORKS DEPARTMENT '
STREET REHABILITATION
DATE 01 08 09
SCALE N.T.S
SHT 1 OF 1
DRAWN JJ
I C -4096
PROFESSIONAL SERVICES AGREEMENT WITH
SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES
FOR LIDO ISLE STREET REHABILITATION
THIS AGREEMENT is made and entered into as of this day of ,
2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and SOCAL WALDEN, INC., a California Corporation, doing business as
( "DBA "), WALDEN & ASSOCIATES, whose address 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. City is planning to repave the following streets: Via Lido, Via Oporto, Via Malaga,
and the western side of Via Lido Island.
C. City desires to engage Consultant to prepare plans and specifications for the
Lido Isle Street Rehabilitation ('Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be David L.
Bacon, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 st day of December, 2009, 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.
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3. TIME OF PERFORMANCE
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Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the 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 Ninety -Nine Thousand, Four Hundred Twenty Dollars and no /100
($99,420.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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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 performed
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.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
PATRICK ARCINIEGA 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:
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A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in
Consultant's work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction
company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without .limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
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(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims'),
which may arise from or in any manner relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may
be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement 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
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progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term.of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
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 subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
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
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other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant
shall maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
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 (10 calendar days written
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notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
1.7. 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.
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Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version of
AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the
City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
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competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
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25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Patrick Arciniega
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3347
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: David L. Bacon, P.E.
Walden & Associates
2552 White Road, Suite B
Irvine, CA 92614
Phone: 949- 660 -0110
Fax: 949 - 660 -0418
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting 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, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
12
i
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. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
34. 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.
35. 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.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employerand 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_
City Attorney Mayor
for the City of Newport Beach for the City of Newport Beach
ATTEST:
Leilani Brown,
City Clerk
CONSULTANT:
Print
am
(Corporate Officer)
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
14
Walden & Associates Contract Agreement December 22, 2008
with City of Newport Beach
EXHIBIT "A"
SCOPE OF SERVICES
Consultant agrees to perform the following Scope of Services:
In performing its services hereunder, Walden & Associates 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.
This project consists of the following streets and limits
• Via Lido from Newport Blvd. to Via Lido Soud
• Via Oporto from Via Lido to 32nd St.
• Via Malaga from Via Oporto to Via Lido
• Via Antibes from Via Lido Soud to Via Lido Nord
• Via Barcelona from Via Lido Soud to Via Lido Nord
• Via Cordov from Via Lido Soud to Via Lido Nord a
• Via Dijon from Via Lido Soud to Via Lido Nord
• Via Eboli from Via Lido Soud to Via Lido Nord
• Via Firenze from Via Lido Soud to Via Lido Nord
• Via Genoa from Via Lido Soud to Via Lido Nord
• Via Florence from Via Lido Soud to Piazza Lido
• Via Fermo from Via Lido Soud to Via Firenze
• Via Grazina from Via Havre to Via Lido Nord,
• Via Havre from Via Lido Soud to Piazza Lido
• Piazza Lido from Via Florence to Via Koron
• Piazza Genoa from Via Lido Soud to Via Genoa
• An alley between Via Lido Soud and Via Lido Nord just north of Via Antibes
Task 1: Street Improvement Plans
Prepare Street Improvement Plans for the pavement rehabilitation of the streets listed
within the project limits as stated above. This will be plan and profile at a scale of 1" = 20'
and will include limits of grinding and overlay, removal and replacement of pavement, curb,
curb and gutter, sidewalk, cross - gutters and access ramps as necessary and agreed upon
with the City. The base sheet utilized for these plans will be based on the Topographic
Survey provided by the City in an AutoCADD digital format. This assumes said topographic
survey is complete, accurate and adequate for the intended use. This task will also include
researching City records for existing improvements within the project limits.
JN: 0011- 000 -A839 Exhibit "A"
Page 2 Client Initials
VA
i
Walden & Associates Contract Agreement
with City of Newport Beach
December 22, 2008
Task 2: Striping Plans:
Prepare Striping Plans for the streets within the project limits. This will show matching and
restriping to the existing conditions. This plan will be prepared per City requirements and
will reference Caltrans striping details as appropriate.
Task 3: Utility Research and Coordination:
Contact the applicable utility companies, to obtain locations and Atlas Maps of their facilities
within the project limits. This will be used for identification of facilities for protection during
construction and determining responsibility for adjusting to grade. We will notify the utility
companies of the proposed project improvements for coordinating their work and for
adjusting their facilities to grade in conjunction with the City's project.
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.
Task 5: Specifications:
Prepare specifications for the proposed street improvements based on the plans
referenced above. These specifications will consist of City provided boilerplate
specifications which we will modify as applicable, and will include any related special
provision sections as needed.
Task 6: Proiect Management, Meetings and Coordination:
Provided an allowance of 40 hours for project management, meetings and coordination
with the City and consultants as required.
Task 7: Record Drawings
Provide record drawings based on contractor provided and City approved redline mark -ups
at the completion of construction.
Task 8: 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
JN: 0011- 000 -A839 Exhibit "A"
Page 3 Client Initials
Vik
Walden & Associates Contract Agreement December 22, 2008
with City of Newport Beach
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 "6)
EXCLUSIONS:
Consulting services relating to any of the following items are specifically excluded from this
contract.
• Soils engineering, testing and reports.
• Supplemental ground topo pick -up.
• Title Reports, recorded documents, etc.
• Construction staking or certifications.
• Offsite improvements except as defined herein.
• Storm Water Pollution Prevention Plan (S.W.P.P.P.)
• Erosion Control Plan.
• Access or Traffic Control Plans
• Any task not specifically indentified herein.
ASSUMPTIONS AND CLIENT RESPONSIBILITIES
Consultant's obligations hereunder are based upon the following understandings:
• Topographic survey will be prepared by others and provided in an AutoCADD digital format
and will be used for preparation of base sheets. This assumes said topographic survey is
complete, accurate and adequate for the intended use and no ground topo pick -up will be
required by Walden & Associates to supplement for joins and /or design purposes.
• City will provide all available As -Built and Record Drawings for use in design.
• City shall furnish pavement analysis report with recommendations for rehabilitation
acceptable to the City and shall be used as a basis for this project.
• Construction Staking will be part of the Contractor's responsibility.
• Traffic Control Plans will be part of the Contractor's responsibility.
• Stormwater Pollution Prevention Plan (SWPPP) will be part of the Contractor's
responsibility.
• Prevailing wages do not apply to the Civil Engineering Services phase of the project.
• City shall pay all governmental fees and costs.
JN: 0011 - 000 -A839 Exhibit "A"
Page 4 Client Initials
Walden & Associates Contract Agreement
with City of Newport Beach
EXHIBIT "B"
COMPENSATION
Client agrees to compensate Consultant as indicated below
Task Description
Design Phase Services:
1 Street Improvement Plans
2 Signing and Striping Plans
3 Utility Research and Coordination
4 Quantity and Cost Estimates
5 Specifications
6 Meetings, Coordination, and Project Management
7 Record Drawings
8 Reimbursables
*See Labor -Hour breakdown
December 22, 2008
Budget
$ 67,080
$ 10,700
$ 2,280
$ 3,280
$ 4,760
$ 5,380
$ 3,940
$ 2 000
*Total Compensation $99,420
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 December 31, 2009.
Work shall commence upon receipt of a signed copy of this Contract Agreement.
JN: 0011 - 000 -A839 Exhibit "B"
Page 5 Client Initials
}
Walden & Associates Contract Agreement
with City of Newport Beach
STANDARD FEE SCHEDULE
The following fees are effective through December 31, 2009.
$160.00 /hr. for Principal
$140.00 1hr. for Project Manager
$125.00 1hr. for Project Engineer
$110.00 /hr. for Design Engineer
$85.00 1hr. for Assistant Engineer /Designer/ Cad Draftsman
$60.00 1hr. for Clerical /Processor
l
Exhibit B
December 22, 2008
Reproduction, deliveries, and other reimbursables will be surcharged 10% and billed in addition to
the above fees.
JN: 0011 - 000 -A839 Exhibit "5"
Page 6 Client Initials
VSSOC SOC &
IATES
Lido Isle Pavement Rehabilitation
Phase 1
Labor -Hour Fee Proposal
Rates
$160 /hr
$140 /hr
$125 /hr
$110 /hr
$85 /hr
$60 /hr
E
C
C
C
N
w
m
C
W
C
a
W
A
�
Task
Task
c
o
o
a
o
U
°
Hours
Task Cost
a`
a`
0.
U
Street Improvement Plan
2
16
144
392
40
594
$ 67,080
Striping Plan
4
28
48
16
96
$ 10,700
Utility Research and Coordination
2
16
18
$ 2,280
Quantity & Cost Estimates
2
8
16
4
30
$ 3,280
Specifications
2
32
8
42
$ 4,760
Meetings, Coordination & Project
Management
4
16
20
40
$ 5,380
Record Drawings
2
24
12
38
1 $ 3,940
Reimbursables
$ 2,000
Totall
6
44
248
480
68
12'.
858
$ 99,420
F:\WORDDOCSNDLB\PROPOSAL\a83g.xlS
l
1
Project Schedule
City of Newport Beach
4W W
Lido Isle Rehabilitation Project
10 Task Name _
1
Duration
_ 3anu� _ February
Start - -' --
I Finish 12/28 1 114 ' 1/11 1/18 1126 2!1 218
March April
., ...... ...._ .. ._.__
2/15 2/22 3/1 3!8 3/15 3/2_2 3/29 4/6
1 Contract Awarded/ Notice to Proteetl (Assumed tlzte)
0 days
__ _ _
.... ~.i g
-2 City Meeting
y
0lddas
Tue 1 /6/09 1/6
_
3 Research 8 Evaluate Record Data
Y
Wed tl/ /09 Wed 1/7109
4 Utility Notifications- Send B Recei ve - -
20 days
_
Mon 2/2109
5 I City Provided Topo - Received
0 days
Fri 1116109 Fri 1 116 /09 . 1/16
6 Site Review wrlopo
1 day
Mon 1/19109 Mon 1/19/09:
7 1 Site Review w /City
1 day
Mon 1126/09 Mon 1/26109
o
8 Prepare 80% Plans, Specifications 8 Estimate (NOTE: Start dale
- 26 days
Mon 1/19/09 Fri 2/20109 i
I of plans. specifications and estimate preparation are predicated
t,
on the delivery of the City provided topic)
9 City Meeting -
_.._
0 days
Fn 2/20/09 Fri 2/20109
. 2120
........... .. ..... t_........
_
10 days
2/3/09 Fri M106
1
__
11 C; Mee
12 j Prepare 100% Plans, Specifications
0 days
i0
Fri
MMon
316 i
8 Estimate
days
31 9/09 Fri 3 120/091
13 l City Plan Check
_ _
6 days
Mon 3/23/09 Fn 3127/091
_.....
14 Suborn Mylars, SpegficaGOns 8 Estimate
0 days
-
Tim 3l31/09 Tue 3131109 ', :
♦ 3131 I
Task
Summary ^ Rolled UP Progress O
Project Summary
Project; 1649 lido Isle Proposal, Schad
Dale'. Wed 1/7/09
Progress
Rolled Up Task' "' "y ° ""
".::i<:D3 i; i;iE:::'s::::: Split
Group BY Summary
Milestone .
Rolled Up Milestone O External Tasks
Project No, 27 -607
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