HomeMy WebLinkAboutC-4411 - PSA Jamboree Road Bridge Widening over State Route 73AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT WITH
OVERLAND PACIFIC & CUTLER, INC. FOR
JAMBOREE ROAD BRIDGE WIDENING OVER SR 73
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICE AGREEMENT
( "Amendment No. Four"), is entered into as of this JBI AA&QjK 2011,
by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation
( "City "), and Overland Pacific & Cutler, Inc., a California Corporation whose address is
20 Fairbanks, Suite 178, Irvine, California 92618 ( "Consultant "), and is made with
reference to the following:
RECITALS:
A. On February 10, 2009, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for right of way appraisal and acquisition services for
the Jamboree Road Bridge Widening Over State Route 73( "Project ").
B. On November 2, 2009, City and Consultant entered into Amendment No. One to
the Agreement to increase the scope of work and total compensation
( "Amendment No. One ").
C. On May 11, 2010, City and Consultant entered into Amendment No. Two to the
Agreement to increase the scope of work and total compensation ( "Amendment
No. Two ").
D. On January 11, 2010, City and Consultant entered into Amendment No. Three to
the Agreement to extend the term of the Agreement ( "Amendment No. Three ").
E. City desires to enter into this Amendment No. Four to reflect additional services
not included in the Agreement or prior Amendments and to increase the total
compensation.
F. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Section 2 of the Agreement, as amended shall be supplemented to include the Scope of
Services dated January 11, 2011, which is 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. COMPENSATION
The introductory paragraph to Section 4 of the Agreement, as amended, shall be
amended in its entirety and replaced with the following: 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 total amended compensation for all work performed in accordance with this
Agreement and all prior amendments, including all reimbursable items and
subconsultant fees, shall not exceed Sixty -Two Thousand, Two Hundred Eighty -Nine
Dollars and no /100 ($62,289.00) without prior written authorization from City ( "Total
Amended Compensation ").
2.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. Four, including all reimbursable items and
subconsultant fees, in an amount not to exceed Nineteen Thousand, Eight
Hundred Thirty -Nine Dollars and no /100 ($19,839.00), without prior written
authorization from City.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement and all prior amendments shall remain unchanged and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
Four on the dates written below.
APPROVED AS TO FORM:
OFFICE QF TH CITY ATTORNEY
Date: Z•b' l(
By: :�22
M Kt t �qrMecampAssistanytt'A orney
11
ATTEST:
Date:
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: A S) a --u► \
By: 2 G�
Dave kif>
City Manager
CONSULTANT: OVERLAND PACIFIC &
CUTLER, INC., a California Corporation
Date:
By: By: l
Leilani I. Brown Barry McDanie
City Clerk Chief Executive Officer
Date: 2 - 25S- 11
By: MWMAAq
MaA Karon
Chief Financial Officer
Attachment: Exhibit A — Additional Services to be Performed
m.
�i
January 11, 2011 EXHIBIT A
Mr. Andy Tran, P. E., Senior Civil Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California 92663
20 Fairbanks, Suite 178
Irvine, CA 92613 -1673
949.951.5263 ph 1949,951.6651
RE: Proposal to Amend the Term of the Professional Services Agreement and to Request a Change to
Project Fee (Amendment No. 4)
Jamboree Road at SR 73 Project
Dear Mr. Tran:
Overland, Pacific & Cutler, Inc. ( "OPC ") is requesting approval of additional funds necessary to complete
the right of way acquisition and Caltrans certification process for the above referenced project. Over the
last several months there have been extensive negotiations dealing with corporate owners and their
attorneys to negotiate settlements and to renegotiate purchase and sale agreements and other acquisition
documents. In addition, the City initiated the condemnation process after negotiations came to an impasse
with the ownership of Back Bay Court. After turning over the file to the City, the City attorney requested
additional assistance with condemnation documents and support activities, ex. to serve notices to tenants
of Back Bay Court and to provide Proof of Service for each tenant — this effort is far outside the original
scope of either the original contract or the subsequent amendment. (In addition, we were asked to order a
litigation guarantee at the cost of $1,264, which I have added into the total amount requested on the next
page.)
As mentioned in Amendment No. 2, Caltrans continues to increase the responsibility of the Local Public
Agencies, and because of the changes in Caltrans personnel and the State's budget constraints, there is
very little assistance for the right of way certification process that District 12's Right of Way Local
Programs can provide the City. During the preliminary right of way certification process, it became
necessary for OPC to provide an enhanced level of service assisting the City Design Team and
coordinating the utility portions of this assignment needed to comply with Caltrans certification
requirements. Originally, this was not part of OPC's authorized scope, but Diana Staudinger's
specialized skills with utility relocation and coordination filled a void for the City in preparing the right of
way certification.
The following is a list of tasks that were required to deliver the Right of Way required to certify the
project with the majority of it being outside the scope of our currently proposed and approved services:
1) Prepared and presented multiple revisions (at the City's or the property owners' requests) of
documents to the property owners including the Purchase and Sale Agreements and Permanent
Easement and Temporary Construction Easement Deeds for continued negotiations with the
owners of the SK Hart parcel and the Lexus Parcel.
Fee - 20 hours at $115 or $2,300.
2) Additional eminent domain services requested by the City attomeys:
- Consulted with City attorneys to prepare Tenant Notification Letters to be served to notify the
tenants of the project and to provide them with a copy of the City's motion for a Prejudgment
Order for Possession
- Served all twenty two business tenants
- Provided Proofs of Service for each tenant
- Prepared and provided to City attomeys a spread sheet of the names and contacts for each
business served and the date and time of service
- Secured a Litigation Guarantee at the direction of the City Attorney:
Fee - $1.264 (Lit. Guarantee) plus 50 hours at $115 ($5,750) for a total of $7,014.
3) Met additional R/W certification requirements issued by Caltrans District 12:
- Provided binders with copies of documents from the parcel files, diaries, Corporate By -Laws
and Articles of Incorporation and Operating Agreements showing authorized parties, the full
appraisal, Preliminary Title Report, Offer Package and Statement of Value and Summary of the
Basis for Appraisal.
- Coordinated multiple additional certification revisions and approvals with the City and Caltrans
District 12 Right of Way Division.
Fee — 35 hours at $115 for a total of $4,025.
4) Provided assistance with the required forms and the process needed for utility coordination
services for RBF Consulting for the utility portion of the R!W certification:
- Assisted in utility certification requirements and process
- Provided formats and samples of Utility Matrix, Notice to Owner, Utility Agreement, Work
Windows for Specifications and Project Engineer's Certification of Utility Facilities.
- Reviewed and commented on completed formats, PE Certification and Utility Plans Sheets to
match with the utility portion of the R/W certification.
Fee - 50 hours at $130 for a total of $6,500.
We respectfully request an increase of $19,839 to our existing project budget
As has been our practice, OPC will continually do whatever it takes to assist our clients in bringing their
projects to successful completion. We strive to efficiently complete any task you ask of us, and while we
are mindful of the overall project budget, we understand sometimes `things just need to get done," even if
they are out of our originally defined scope. We realize oftentimes that time is of the essence when
dealing with project deadlines, and due to our enduring relationships with our clients, we trust that
compensation for providing out of scope services will be worked out in the end.
Please don't hesitate to call if you have any questions or need clarification
Sincerely,
~!Nand cifrc & Cutler, Inc.
Armstrong, SR/W
-ipaWice President
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT WITH
OVERLAND PACIFIC & CUTLER, INC.
FOR JAMBOREE ROAD BRIDGE WIDENING OVERSTATE ROUTE 73
THIS AMENDMENT NO. THREE TO PROFESSIONAL ,SERVICES
AGREEMENT ( "Amendment No. Three ") is entered into as of this X771 day of
Mmk )0 ,-201U; by and between the CITY OF NEWPORT BEACH, a California
Municipal JCorporation ( "City "), and OVERLAND PACIFIC & CUTLER, INC. a California
Corporation whose address is �e� ', Irvine, California 92618
( "Consultant "), and is made with refe ence o e ollowmg:
RECITALS:
A. On February 10, 2009, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for right of way appraisal and acquisition services for
the Jamboree Road Bridge Widening Over State Route 73 ( "Project ").
B. On November 2, 2009, City and Consultant entered into Amendment No. One to
the Agreement to increase the scope of work and total compensation
( "Amendment No. One ").
C. On May 11, 2010, City and Consultant entered into Amendment No. Two to the
Agreement to increase the scope of work and total compensation ( "Amendment
No. Two ").
D. City desires to enter into this Amendment No. Three to extend the term of the
Agreement to December 31, 2012, and update insurance requirements.
E. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of the Agreement shall terminate on December 31, 2012, unless
terminated earlier as provided for in Agreement.
2. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with the
following: 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, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. 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.
C. Coverage Requirements.
L Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant'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 (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
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, blanket
contractual liability.
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 $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. 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.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement and all prior amendments shall remain unchanged and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: /1,°.� / /n
By: Ky
ette eaucJ�ssistant City A r \„`l�
C-1 ,j\
ATTEST:
Date: AI II
6y:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
n Badum, Public Works
Tjjg'K't Director
CONSULTANT: OVERLAND PACIFIC &
CUTLER, INC., a California Corporation
Date: -2, 2-nA
Bzrr'y McD niel
Chief Exec tive Officer
Date: 3 , )_Oki
go
Marek Karon
Chief Financial Officer
TE OF
'ook insurance Services, CA Lic 615808.32'
Canoga Avenue
Floor
and Rills CA 91367
Overland Pacific & Cutler Inc.
3750. Schau €ele Ave., Suite 150
CA 90808
INSURANCE
NAIC #
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED: NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTwitHsTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT'WBH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,: EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR'
tTR
DO'L
TV O U C
POLICY NUMBER
POLICY EFFECTIVE
DATE'. MMIDDI VY'
POLICY EXPIRATION.
DATE MMIDDIYYW
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ '1,000,000
PREMISES Ea oesumence
$ 300,060
A
X
X COMMERCAL GENERAL LABILITY
CLAIMS MADE. Fx—]OCCUR
72UUNTR7859
6/l /2010
6/1/2011
MEDEXP Any one person)
$ 10.000
PERSONAL& ADV INJURY
$ 110001000
X $10,000 BI&PD Ded.
Per Claim
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE
LIMIT APPLIES PER;
PRODUCTS - COMP /OPAGG
$ 2,000,000
POLICY
X ,PPCT LOC
AUTOMOBILE
LABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accitlen[)
$ 1,000,000
X
BODILY INJURY
(Perperson)
$
'
A
ALL OWNED AUTOS
SCHEDULED AUTOS .
72UUNTR7859
6/1/2010
6/1/2011
X
X
BODILY INJURY
(Pef ecdtle0t)
$
-
HIRED AUTOS
NON- ONAVED AUTOS
X
X
PROPERTY DAMAGE
IPeracatlen0
$
comp Dad $1,000
R
Coll Dad $1,000
GARAGE LIABILITY
AUTO ONLY - EAACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY AGG
E %LESS I UMBRELLA LIABILITY
EACH OCCURRENCE
$ 2,000,000
X OCCUR CLAIMS MADE
AGGREGATE
$ 2,000,000
$
B
DEDUCTIBLE
72RHUTR7849
6/1/2010
6/1/2011
$
RETENTION $
B
WORKERS COMPENSATION
ANDEMPLOYERS'LIABILITY YIN
ANY PROPRIETORFARTNERIEXECUTIVE
X NC STATU- OTH-
E.L. EACH ACCIDENT
$ 11000,000
OFFICERIMEMBER EXCLUDED? ❑
(Mandatory in NH)
72WETQ9133
6/1/2010
6/1/2011
EL. DISEASE EA EMPLOYEE
$ 1,000,000
It yes. deecnbe under
SPECLAL PROVISIONS below
ELDISEASE - POLICYLIMIT
$ 1 000 000
C
OTHERProfessional Liab.
24412763 003
6/1/2010
6/1/2011
Be claim $2,000,000
Claims Made
Aggregate $2,000,000
$ 50,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
RE: Agreement - Jamboree Road Bridge Widening over State Route 73 Project
The City of Newport Beach; its elected or appointed officers, officials, employees, agents and volunteers under the
direct supervision of the city of Newport Beach are named as .additional insured per attached endorsement NHG00010605
(excl work comp) on primary & noncontributory basis where required by contract. Waiver of subrogation included on
General Liability, Workers Compensation and Auto coverages per attached endorsements. Subject to policy terms,
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION
DATE THEREOF, THE ISSUING INSURER wLL ENDEAVOR TO MAIL * 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
D REPRESENTATIVE
Nash /PNASH ,�`"<.••�•�'a.G
ALUKU ZO(ZLILRII (CJ1988- 2000AUL)KULL1KYLIKAIKJN. Allrlg Oisreservea.
INS025.pooeol) The ACORD.name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. .A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, :subject to the terms and conditions of the policy, certain .policies may
require an endorsement A statement on this certificate does not confer ,rights to the certificate
holder in lieu of such'. endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage: afforded by the policies listed thereon.
vcUrcu zo rzuuarUIr
I NS025(2UDW1)
COMMENTS /REMARKS
conditions, and exclusions -.
*10 DAY NOTICE, OF CANCELLATION FOR NON - PAYMENT OF PREMIUM
OFREMARK COPYRIGHT 2000, AMS SERVICES INC. '
have all your rights and duties under this Coverage
Pali.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of yours
which is a legally incorporated entity of which you
own a financial interest of more than 50% of the
voting stock on the effective date. of the Coverage
Part.
The insurance afforded herein for any subsidiary
not named in this Coverage Part as a named
insured does not apply to injury or damage with
respect to which an insured under this Coverage
Part is also an Insured under another policy or
would be an insured under such policy but for its
tefminalion or the exhaustion of its limits of
insurance;
& Newly Acquired orFormed Organization
-
.Any organization you newly acquire or form, other than
a partnership, joint venture or limited liability company,
and over which you maintain financial interest of more
than 50% of the voting stock, will qualify as a Named
Insured if there is no other similar insurance available
to that organization. However.
a. Coverage under this provision is afforded only until
the 180th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
4. Mobile Equipment
With respect to "mobile equipment" registered in your
name under any motor vehicle registration law, any
person is an insured while driving such equipment
along a public highway with your permission. Any other
person or organization responsible for the conduct of
such person is also an insured, but only with respect to
liability arising out of the operation of the equipment,
and only if no other insurance of any kind is available
to that person or organization for this liability. However,
no person or organization is an insured with respect to:
a. "Bodily injury" to a co- "employee" of the person
driving the equipment; or
b. "Property damage" to property owned by, rented to,
in the charge of or occupied by you or the employer
of any person who is an insured tinder this
provision.
5, Nonowned Watercraft
With respect to watercraft you do not own that is less
than 51 feet long and is not being used to carry
persons for a charge, any person is an insured while
operating such watercraft with your permission. Any
other person or 'organization responsible for the
conduct of such person is also an insured, but only
with respect to liability arising out of the operation of
the watercraft, and only if no other insurance of any
kind is available to that person or organization for this
liability:
However, no person or organization is an insured with
respect to:
a. "Bodily injury" to a co- !'employee" of the person
operating the watercraft; or
b. "Property damage" to property owned by, rented to,
in "the charge of or occupied by you or the employer
of any person who is an insured under this
provision.
6. Additional insureds When Required By Written
Contract, Written Agreement Or Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a written
contract, written agreement or because of a permit
issued by a state or political subdivision, that such
person or organization be added as an additional
insured on your policy, provided the injury or damage
occurs subsequent to the execution of the contract or
agreement.
A person or organization is an additional insured under
this provision only for that period of time required by
the contract or agreement.
However, no such person or organization is an insured
under this provision if such person or organization is
included as an insured by an endorsement issued by
its and made a part of this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to below
as vendor), but only with respect to "bodily injury"
or "property damage" arising out of "your products"
which are distributed or sold in the regular course
of the vendor's business and only if this Coverage
Part provides coverage for "bodily injury" or
"property damage" included within the "products-
completed operations hazard ".
(1) The insurance afforded the vendor is subject to
the following additional exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the vendor would have in the
absence of the contract or agreement;
Page 10 of 18 HG 00 01 06 05
(h) Any express warranty unauthorized by you;
jc) Any physical or chemical change in the
product made intentionally by the vendor;
(d) Repackaging, except when unpacked solely
for the purpose of inspection, demonstration,
testing, or the substitution of parts under
instructions from the manufacturer, and 4hen
repackaged in the original container,
(e) Any failure to make such inspections;
adjustments, tests or servicing as the vendor
has agreed to make or normally undertakes
to make in the usual course of business, in
connection with the distribution or sale of the
o: products;
(f) Demonstration, installation; servicing or
repair operations, except such operations
performed at the vendor's premises in
connection with the sale of the product;.
m (g) Products which, after distribution or safe by
You, have been labeled or relabeled or used
N as a container, part or Ingredient of any
N other thing or substance by or for the
o vendor; or
0
a (h) 'Bodily injury" or "property damage" arising
out of the sole negligence of the vendor for
its own acts or omissions or those of its
employees or anyone else acting on its
behalf. However; this exclusion does not
apply to:
(1) The exceptions contained in Sub-
paragraphs (d) or (f); or
(it) Such inspections, adjustments, tests or
servicing as the vendor has agreed to
make or normally undertakes to make in
the usual course of business, in
connection with the distribution or sale of
the products.
(2) This insurance does not apply to any insured
person or organization, from whom you have
acquired such products, or any ingredient, part
or container, entering into, accompanying or
containing such products.
b. Lessors of Equipment
(1) Any person or organization from whom you
lease equipment; but only with respect to their
liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your maintenance, operation
or use of equipment leased to you by such
_ person or organization.
(2) With respect to the insurance afforded to these
additional insureds this insurance does not
apply to any 'occurrence" which lakes place
after the equipment tease expires.
c. Lessors of Land or Premises
Any person or organization from whom you lease
land or premises, but only with respect to liability
arising out of the ownership, maintenance or use of
that part of the land or premises leased to you.
With respect to the insurance afforded these'
additional insureds the following additional
exclusions apply:
This insurance does not apply to:
1. Any 'occurrence" which takes place after you
cease to lease that land; or
1 Structural alterations, new construction or
demolition operations performed by or on behalf
of such person or organization.
d. Architects, Engineers or Surveyors
Any architect, engineer; or surveyor, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
(1) In connection with your premises; or
(2) to the performance of your ongoing operations
performed by you or on your behalf.
With respect to the insurance afforded these
additional insureds, the following additional:
exclusion applies:
This insurance does not apply to "bodily injury ",
"property damage" or 'personal and advertising
injury" arising out of the rendering of or the failure
to render any professional services by or for you,
including:
1. The preparing, approving, or failing to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or
drawings and specifications; or
2. Supervisory, inspection, architectural or
engineering activities.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on your
behalf for which the state or political subdivision
has issued a permit.
With respect to the insurance afforded these
additional insureds, this insurance does not apply
to:
(1) 'Bodily injury", "property damage" or "personal
and advertising injury" arising out of operations
performed for the state or municipality; or
(2) 'Bodily injury" or "property damage" included
within the "products- completed operations
hazard'.
HG 00 0106 05 Page 11 of 18
f. Any Other Party
n or organization who is not an
ragraphs a, through e. above, but
,-It to liability for "bodily injury
e" or "personal and advertising
whole or in part, . by your acts or
acts or omissions of those acting
on your behalf::
(1)" In the performance of your ongoing operations;
(2)' In connection with your premises owned by or
rented to you; or
(3) In connection with "your work" and included
within {he "products - completed operations
.hazard ", but only if
(a) The written contract or agreement requires
you to provide such coverage to such
additional insured; ;'and
(b) This Coverage Para provides coverage for
"bodily injury" or "property damage" included
within the "products - completed operations
hazard ".
With respect to the insurance afforded to these .
additional insureds, this insurance does not apply
to;
"Bodily injury", "property damage" :or "personal and
advertising injury' arising out of the rendering of; or
tlie:failure to render, any professional architectural,
engineering or surveying services, Including;
(1) The preparing, approving, or failing to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or
drawings and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
The limits of insurance that apply to additional insureds
under this provision is described in Section III — Limits
of Insurance.
How this insurance applies when other insurance is
available to the additional insured is described' in the
Other Insurance Condition in Section IV — Commercial
General Liability Conditions.
No person or organization is an insured with respect to the
conduct of any current or past partnership, joint venture or
limited liability company that is not shown as a Named
Insured in the Declarations.
SECTION III — LIMITS OF INSURANCE
1. The Most We will Pay
The Limits of Insurance shown in the Declarations and
the rules below fix the most we will pay regardless of
the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing
suits
2. General Aggregate Limit
The General Aggregate Limit is the most we will ,pay
for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages,
because of "bodily injury` or "property damagd'
included in the "products- completed operations)
hazard"; and
c. Damages Linder Coverage B.
3. Products - Completed Operations Aggregate Limit
The Products-Cori Operations Aggregate Limit
is the most we will pay under Coverage A for damages
because of "bodily injury" and "property damage
included in the "products- completed operations;
hazard ".
4. Personal and Advertising Injury Limit
Subject to 2. above, the Personal and Advertising
Injury Limit is the most we will pay under Coverage a
for the sum of all damages because. of all "personal
and advertising injury" sustained by anyone person or
organization.
5. Each Occurrence' Limit
Subject to 2, or 3, above, whichever applies, the Each
Occurrence Limit is the most we will pay for the sum
of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "properly damage"
arising out of any one "occurrence ".
6. Damage To Premises Rented To You Limit
Subject to 5. above, the Damage To Premises Rented
To You Limit is the most we will pay under Coverage A
for damages because of "property damage" to any one
premises, while rented to you, or in the case of
damage by fire, lightning or explosion, while rented to
you or temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or explosion,
the Damage to Premises Rented To You Limit applies
to all damage proximately caused by the same event,
whether such damage results from fire, lightning or
explosion or any combination of these.
7. Medical Expense Limit
Subject to 5, above, the Medical Expense Limit is the
rnost we will pay under Coverage C for all medical
expenses because of "bodily injury" sustained by any
one person.
8. How Limits Apply To Additional Insureds
If you have agreed in a written contract or written
agreement that another person or organization be
Page 12 of 18 HG 00 01 06 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONALANSURED AND
RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies Insurance provided under the-follawing:
BUSINESS AUTO COVERAGE FORM
A. Any person or organization whom you are required by contract to name as additional Insured Is an "Insured" for
LIABILITY COVERAGE 'but only to the extent that person or organization qualities as an "Insured" under the
WHO IS AN INSURED provision of Section.11 - LIABILITY COVERAGE.
B. For any person or organization for whom you are required by contract to provide a waiver of subragation, the
Loss Condition - THANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS To US is applicable.
Form HA 9913 0187 Printed In U.S.A.
that are in excess of the applicable limit of insurance.
An" agreed settlement means a settlement and release
of liability signed by us, the insured and the claimant or
the cla'imani's legal representative.
4. Otheeinsurance
If other valid and collectible insurance is available to
the insured for a; loss we cover under Coverages A or
B of this Coverage Part, our obligations are limited as
follows:
a. Primary insurance
This insurance is primary except when b. below
applies. If other insurance is also primary, we will
share with all that other insurance by the method
described in c. below.
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, excess, contingent or
on any other basis:
(1) Your Work
That is Fire, Mended Coverage, Builder's Risk,
Installation .Risk or similar coverage for "your
work ";
(2) Premises Rented To You
That is fire, lightning or explosion insurance for
premises rented to you or temporarily occupied
by you with permission of the owner;
(j) Tenant Liability
That is insurance purchased by you to cover
your liability as a tenant for "property damage'.
to premises rented to you or temporarily
occupied by you with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use
of aircraft, "autos" or watercraft to the extent not
subject to Exclusion g. of Section I — Coverage
A - Bodily Injury And Property Damage Liability;
(5) Property Damage to Borrowed Equipment Or
Use Of Elevators
If the loss arises out of "property damage" to
borrowed equipment or the use of elevators to
the extent not subject to Exclusion j. of Section I
- Coverage A Bodily Injury And Property
Damage Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance available to you covering
liability for damages arising out of the premises
or operations, or products and completed
operations, for which you have been added as
an additional insured by that insurance; or
(7) When You Add Others As An Additional
Insured To This Insurance
Any other insurance available to an additional
insured.
However, the following provisions apply to other
insurance available to any person or
organization who is an additional insured under
this coverage part.
(a) Primary Insurance When Required By
Contract
This insurance is primary if youhave agreed
in a written contract or written agreement
that this insurance be primary. If other
insurance is also primary, we will share with
all that other insurance by the method
described in c. below.
(b) Primary And Non - Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contracti
written agreement, or permit that this
insurance is primary and non- coniributory
with the additional insured's own insurance;
this insurance is primary and we will not
seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other
Insurance to which the additional insured has
been added as an additional insured.
When this insurance is excess, we will have no
duty under Coverages A or 'B to defend the insured
against any "suit" if any other insurer has a duty to
defend the insured against that "suit ", if no other
insurer defends, we will undertake to do so, but we
will be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the amount
of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance
would pay for the loss in the absence of this
insurance; and
(2) The total of all deductible and self- insured
amounts under all that other insurance.
We will share the remaining loss, if any, with any
other insurance that is not described in this Excess
Insurance provision and was not bought specifically
to apply In excess of the Limits of Insurance shown
in the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution by
equal shares, we will follow this method also. Under
this approach each insurer contributes equal
amounts until it has paid its applicable limit of
insurance or none of the loss remains, whichever
comes first
Page 14 of 18 HG 00 01 06 05
If any of the other insurance does not ,permit
contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is
based on the ratio of its applicable limit of
insurance to the total applicable limits of insurance
of all insurers.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as advance
premium is a deposit premium only. Ai the close of
rs each audit period we will compute the :earned-
N premium for that period and send notice to the first
Named Insured, The due date_ for audit and
retrospective premiums is the date shown as the
due date on the bill. If lire sum of the advance and
o audit premiums paid for the policy period is greater
o than the earned premium, we will return the excess
to the first Named Insured.
c. The first Named Insured must keep records of the
information we need for premium computation, and
send us copies at such times as we may request.
o- 6. Representations
a. When You Accept This Policy
By accepting this policy, you agree;
(1) The statements in the Declarations are accurate
and complete;
(2) Those statements are based upon
representations you made to us; and
_ (3) We have issued this policy in reliance upon your
_ representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all
hazards relating to the conduct of your business
that exist at the inception date of this Coverage
Part, we shalt not deny coverage under this
Coverage Part because of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and any
rights or duties specifically assigned in this Coverage
Part to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named
Insured; and
b. Separately to each insured against whom claim is
made or "suit' is brought.
S. Transfer Of Rights Of Recovery Against Others To
Us
a. Transfer of Rights Of Recovery
If the insured has rights to recover all or part of any
payment, including Supplementary Payments, we
have made under this Coverage Part, those rights
are transferred to us. The insured must do nothing
after loss to Impair them. At our request, the
HG 00 01 06 05
insured will bring "suit" or transfer those rights to us
and help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of recovery
against any person or organization for all or part of
any (payment, including Supplementary Payments,
we have made under this Coverage Part, we also
waive that right, provided the insured waived their
rights of recovery against such person or
organization in a contract, agreement or permit that
was executed prior to the injury or damage.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in the
Declarations written notice of the nonrenewal not less
than 30 days before,the expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V - DEFINITIONS
1 'Advertisement" means the widespread public
dissemination of information or images that has the
Purpose of inducing the sale of goods, products or
services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) 'Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.
However, "advertisement' does not include:
a. The design, printed material, information or images
contained in, on or upon the packaging or labeling
of any goods or products;.or
b. An interactive conversation between or among
persons through a computer network.
2. 'Advertising idea" means any idea for an
"advertisement".
3. 'Asbestos hazard' means an exposure or threat of
exposure to the actual or alleged properties of
asbestos and includes the mere presence of asbestos
in any form.
4. 'Auto" means a land motor vehicle, trotter or semitrailer
designed for travel on public roads, including any
attached machinery or equipment. But "auto" does not
include "mobile equipment'.
5, 'Bodily injury" means physical:.
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the above,
mental anguish or death at anytime.
Page 16 of 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 72 WE TQ9133 Endorsement Number:
Effective Dates 06101110 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: OVERLAND PACIFIC AND CUTLER INC.
3750 SCHAUFELE AVE SUITE 150.
LONG BEACH, CA 90808
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named In the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees white engaged In
the work described in the Schedule.
The additional premium for this endorsement shall be
premium otherwise due on such remuneration.
Person or Organization
BLANKET AS REQUIRED BY WRITTEN
CONTRACT
SCHEDULE
2 % of the California workers' compensation
Job Description
BLANKET AS REQUIRED BY WRITTEN
CONTRACT
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 06/18/10 Policy Expiration Date: 06/01/11
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 1 -05 -11
Dept. /Contact Received From:
Date Completed: 1 -06 -I1 Sent to: Shauna By: Carol Hart
Company /Person required to have certificate: Overland Pacific & Cutler Inc.
I. GENERAL LIABILITY
A.
INSURANCE COMPANY: Hartford Fire Insurance
B.
AM BEST RATING (A -: VII or greater): A: XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
IM Occ /2M Agg
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
N Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
H.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes N No
I.
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.
Endeavor Wording Present
11. AUTOMOBILE
LIABILITY
A.
INSURANCE COMPANY: Hartford Casualty Insurance Company
B.
AM BEST RATING (A-: VII or greater) A: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers):
What is limits provided?
1,000,000
E.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A
❑ Yes ❑ No
F.
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.
Endeavor Wording Present
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Hartford Casualty Insurance Company
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?
Approved:
January 6, 2011
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
❑ Requires approval /exception /waiver by Risk Management B &B initials
Comments:
Approved:
Risk Management Date
L+Ifl I
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
OVERLAND PACIFIC & CUTLER, INC.
FOR JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73
V
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of 2010, by and between the CITY
OF NEWPORT BEACH, a Municipal Corpora' n ( "CITY "), and OVERLAND PACIFIC
& CUTLER, INC., a California Corporation whose address is 20 Fairbanks, Suite 178,
Irvine, California 92618 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On February 10, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for right -of -way
appraisal and acquisition services for the Jamboree Road Bridge Widening Over
State Route 73 project, hereinafter referred to as "PROJECT."
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated November 2, 2009.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT or prior AMENDMENT and to increase
the total compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. 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:
TERM
The term of the AGREEMENT shall remain unchanged and will terminate on the
31 s1 day of December, 2010.
2, ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and_
AMENDMENT NO. ONE, 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.
3. COMPENSATION
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 total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Forty -
Two Thousand, Four Hundred and Fifty Dollars and no/100 ($42,450.00)
without prior written authorization from City,
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. TWO, including all reimbursable items and
subconsultant fees, in an amount not to exceed Eight Thousand. Two
Hundred and Fifty Dollars and no/100 ($8,250.00), without prior written
authorization from City.
4. 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.
TWO on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By- I4W L
eonie Mulvihill,
Assistant City Attorney
ATTEST:
By: w V-
Leilani'l. Brown,
City Clerk
Attachment:
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
DaW A. Kiff
City Manager
CONSULTANT: OVERLAND PACIFIC
& CUTLER, INC., _ -
terry WDaniel,
Chief kecutive Officer
By:
arek Karon,
Chief Financial Officer
Exhibit A — Additional Services to be Performed
2
EXHIBIT A
March 19, 2010 EXHIBIT A
Mr. Andy Tran, P.E., Senior Civil Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, Califomia 92663
RE: Request for Change to Project Fee (Amendment No. 2)
The City of Newport Beach's Jamboree Road at SR 73 Project
Dear Mr. Tram:
OPC has exhausted its R/W services budget prior to completion of the final R/W services activities and
would like to request a foe amendment from the City of Newport Beach.
In December 2009 Overland, Pacific & Cutler, Inc. (OPC) provided the City of Newport Beach with a
proposal for services for this project. The project was briefly on hold pending authorization from the City
to make offers based on the appraisals submitted in February 2009 and then restarted in August 2009. On
August 26, 2009 Ray Armstrong and I met with you at the project site to go over the acquisitions and
project impacts to restart the project. As a result of the field meeting and subsequent follow up
correspondence with Caltrans Right of Way Local Programs, it was determined that a change in scope
was needed to comply with Caltrans Certification Requirements.
OPC still has to complete negotiations with SK Hart, the Lexus property owner, Back Bay Court, and has
to finalize the escrow closures and prepare the final right of way certification. There are two principal
asps supporting our request.
First, the project management and acquisition services fee proposed for this project were based on the
original acquisition of two properties and to provide R/W Certification to comply with the City's
Cooperative Agreement with Caltrans. There have been numerous changes in Caltrans personnel over the
past few years resulting in some procedural changes when it comes to the right of way certification
process. Today, this effort may represent a significant work effort whereas in the past, the LPA mostly
led the process. Because of the additional hours used for re-mobilization, changes with the appraisals and
multiple kickoff meetings, coordinating the questions and answers regarding Caltrans policy and
procedures, we should have requested an adjustment to accommodate the additional time spent on these
activities. We would estimate an additional 40 hours, or 15,250 to complete the project management and
certification of the project.
The second 'Rem contributing to OPC's exhaustion of the budget is the fee proposed for aequirirrg the
Lexus Property. When it was determined that it was necessary to add the Lexus parcel to the project the
City wanted to take the lead since there had been negotiations with the owner in the past for other
projects, OPC considered this and proposed an acquisition fee much less than the fee would normally be.
Even though the City was the lead and OPC supported the process to acquire the property rights needed
from the L exus parcel, OPC needed to spend more time than originally estimated to prepare and get
approval of special clauses for the agreement and to coordinate landscaping estimates to be included in
the settlement with the owner. Effectively, this parcel consumed as many hours as the rest and should
have been bid accordingly. We would like to ask for an adjustment of $3,000 for this parcel.
Total requested fee adjustment is $8,250
We appreciate your efforts in administering this project and look forward to finishing up the project this
year.
Sincerely,
Overland, Pack & Culler. Inc.
liana i Staudihi geN
Project Manager
AMENDMENT NO.ONE TO
i PROFESSIONAL SERVICES AGREEMENT WITH
OVERLAND PACIFIC & CUTLER, INC.
FOR JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73
THIS AMENDMENT NO. ONE TO F S1�ZONAL SERVICES AGREEMENT,
is entered into as of this � day of a{� GY , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and OVERLAND PACIFIC
& CUTLER, INC., a California Corporation whose address is 10 Hughes, Suite A -207,
Irvine, California 92618 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On February 10, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for right of way
appraisal and acquisition services for the Jamboree Road Bridge Widening Over
State Route 73 project, hereinafter referred to as "PROJECT."
B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional
services not included in the AGREEMENT and to increase the total
compensation.
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. TERM
The term of the AGREEMENT shall remain unchanged and will terminate on the
31 s' day of December, 2010.
2. ADDITIONAL SERVICES TO BE PERFORMED
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.
3. COMPENSATION
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 total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Thirty -
Four Thousand, Two Hundred Dollars and no/100 ($34,200.00) without prior
written authorization from City,
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. ONE, including all reimbursable items and
ouv�,�i i:ulkUi Il IUU.�,
Ili GII I C I IUUI Il I IUL LU CnUGi--U L-1 I Il I 1 IUUJdI IU, U-1 1 Il
Hundred Dollars and no/100 ($8,800.00), without prior written
authorization from City.
4. 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.
ONE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
vette . B c p
Assistant City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
Attachment:
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: )�� (�J�
D d A. Kiff,
City Manager
CONSULTANT: OVERLA
PACIFIC & CUTLER, IN
N.
0
Barry McDtniel,
Chi?f Executive Officer
larek Karon,
hief Financial Officer
Exhibit A — Additional Services to be Performed
September 28, 2009
Mr. Andy Tran, P.E., Senior Civil Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California 92663
RE: Proposal for Amendment No. I to provide Right of Way Appraisal and Acquisition
Services for the City of Newport Beach's Jamboree Road at SR 73 Project
Dear Mr. Tran:
In December 2008 Overland, Pacific & Cutler, Inc. (OPC) provided the City of Newport Beach
with a proposal for services for this project. The project was briefly on hold and is now back on.
On August 26, 2009 Diana Staudinger and I met with you at the project site to go over the
acquisitions and project impacts. As a result of the field meeting and subsequent follow up
correspondence with Caltrans Right of Way Local Programs, it was determined that a change in
scope is needed to comply with Caltrans Certification Requirements.
In addition to the scope of work outlined in the December 2008 proposal, which included Right
of Way from two private property owners, the project will require additional Right of Way from
one private property owner. The City has also requested revisions of the two appraisals that have
been prepared for the project, reducing the temporary construction easements from twelve (12)
months to three (3) months.
Please review the scope (Exhibit A) and fee (Exhibit B) provided herein and provide us with your
Authorization to Proceed once you get our scope and fee approved.
Sincerely,
Overland e' e & Cut
y ng, SR/WA
Princ pal/Vice President
EXHIBIT A
Project Understanding — R/W Components
The project now requires additional Right of Way from three (3) private properties located at the
intersection of Jamboree Road and the SR 73 highway overcrossing. Two of the three properties
were appraised by The Kiley Company in January 2009 and will need to be revised to reduce the
temporary construction easement from twelve (12) months to three (3) months. In addition to the
appraisal revisions, one additional private property will need to be appraised. All assumptions
outlined in proposal dated December 29, 2008 still apply.
Scope of Work
iu uddiiiuu iu iirc Scope of yr ut K uutimed in propusni hated December 29, 2005
Appraisal Services (subcontracted to the Kiley Company)
1. Subcontracted appraiser will appraise the one (1) additional private property for the
project.
2. Subcontracted appraiser will revise the two (2) appraisals completed for the project to
reduce the temporary construction easement from twelve (12) months to three (3)
months.
Acquisition Services — Fee Owner
1. OPC will provide acquisition services to include the one (1) additional private property
needed for the project.
Escrow Coordination or Eminent Domain Coordination Services
1. OPC will provide Escrow Coordination or Eminent Domain Coordination services to
include one (1) additional private property needed for the project.
Title Clearance Services
1. OPC will provide Title Clearance services to include one (1) additional private property
needed for the project.
Right of Way Certification Services
1. OPC will provide Right of Way Certification services to include one (1) additional
private property needed for the project.
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WN`ile W'.
R/W Project Fee
Appraisals are billed as a fixed fee, but the balance of the project fees will be billed each month
on an hourly basis, based on the total anticipated budget. Our services fees are based on the
appraisal and partial acquisition of a total of 3 separate properties. As properties are added or
deleted, the total project fee will have to be adjusted. Similarly, if the project is terminated or
negotiations are extended, we may ask to modify the budget either up or down.
The following fees will be in addition to the proposal dated December 29, 2008.
Project Planning & Management I S No Change
Acquisition Services $2,750
1 at $2,000 + I requiring title clearance at $750
Appraisal Services (vendor /subcontractor) I $6,050
1 at 54,500; 2 revisions at $500 + 10% OPC's
administrative expenses
TOTAL 1 $ 8,800 (original Total $25,400) 1
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