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HomeMy WebLinkAboutC-4375 - PSA for Energy Efficient Streetlight Improvement Projectt. PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT 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 WILLDAN ENGINEERING, a California Corporation whose address is 2401 East Katella Avenue, Suite 450, Anaheim, California, 92806 ( "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 install new energy - efficient streetlights throughout the City, and convert a high - voltage series circuit to a parallel circuit. C. City desires to engage Consultant to prepare construction documents for the streetlight improvement project ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Lew Gluesing, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31St day of December 2010, unless terminated earlier as set forth herein. q�15 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 Seventy -One Thousand, Seven Hundred Fifty -Five Dollars and no /100 ($71,755.00) 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 `a 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: 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. 4.4 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. 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 LEW GLUESING 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. Cl 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. ROBERT STEIN shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 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 (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 5 the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. 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 161 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: 7 The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. W. 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 bed, _voided canceled, er redweed in eeveFege 8F is 'iM'°- by either party except after thirty (30) calendar days (10 calendar days written notice of non- payment of premium) written notice has been received by City. F. Timely /Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD I:7 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 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. iK 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. 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 11 hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Iris Lee, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3323 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Lew Gluesing, Vice President Willdan Engineering 13191 Crossroads Parkway North, Suite 405 City of Industry, CA 91746 Phone: 562 - 908 -6291 Fax: 562 -695 -2120 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 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. 13 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: ynet D. ea p Assistant City Att ney for the City of Newport Beach ATTEST: By:(� Leilani Brown, City Clerk for the City of Newport Beach C ��t�aR�1P CITY OF NEWPORT BEACH, A Municip�orpor 'on B ,� Y• � V dward Selich Mayor for the City of Newport Beach WILLDAN ENGINEERING: By: -Ijt6 William Pagett, Senior Vice President Roy L. Gill, Secretary Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates `L! r i n O O r-r IF L r i n O O r-r IF F Project Team Willdan utilizes a unified management approach, whereby each project is undertaken by a project team. Each project is assigned to a senior member of our staff with the background, experience and availability best suited for each assignment, or in this case, street lighting design. The following presents a brief description of our proposed project team, their experience, and their assignments for the street lighting design. Principal -in- Charge /Project Manager, Mr. Lew Gluesing, PE, TE, PTOE, will be responsible for the day -to -day operation of the Traffic Division and the quality control of the design project. Mr. Gluesing has 42 years of experience in traffic and transportation engineering, including state highway, neighborhood traffic management, traffic circulation, impact and parking studies, design and operations, municipal engineering, and operational analyses. To date, Mr. Gluesing has supervised the completion of more than 8,000 projects, including a variety of large- and small - scaled projects. Ms. Vanessa Munoz, PE, TE, PTOE, will serve as Deputy Project Manager, responsible for staff supervision, and supporting Mr. Gluesing in managing the design contract. With more than 12 years of design experience, her expertise includes traffic signal design, street lighting design, interconnect, and signing and striping. She has designed more than 50 street lighting projects for local cities, counties, and Caltrans, including the implementation of the City of Maywood's Street Lighting Master Plan, which included the installation of 500 street lights. Mr. Ken Hanson, Senior Design Manager. Mr. Hanson managed the design and preparation of plans, specifications, and cost estimates (PS &E) for various street and parking lot lighting projects. His experience includes more than 45 years of traffic engineering services. Mr. Bob Burch, Senior Design Manager. Mr. Burch offers 17 years of traffic design experience and has extensive expertise using both AutOCAD and Micro Station. Specifically, his experience relates to preparing PS &Es for street lighting, traffic signals, signing and striping, traffic control, and construction project staging. Mr. Peter Keresztes, Senior Design Manager. Mr. Keresztes manages a variety of traffic related design projects including freeway and interchange improvements, street lighting, traffic signals, traffic control and signing and striping. Mr. Keresztes brings 22 years of traffic engineering experience to the project team. Mr. Ed Cox, Utility Coordinator. Mr. Cox provides utility coordination services for both large and small -scale street improvement project, such as sewer, storm drain, bridge construction, traffic signal and street lighting installation. Mr. Cox is familiar with the utility company's process and will work closely with them during the design and construction phases of the project. Mr. Cox possesses over 29 years of public works experience. W I LLDAN Proposal for Energy Efficient Streetlight Improvement Project 7 For the City of Newport Beach I Team Organizational Chart U �ygwvoR T 1 J � 4 s.r C'a LIiOR�`s Resumes for key personnel are included on the following pages to help the City of Newport Beach further evaluate our qualifications. aaml WI LLDAN I Proposal for Energy Efficient Streetlight Improvement Project 8 For the City of Newport Beach �gwroA T 04 6A a C�CIFOR��* Scope of Work The following is Willdan's methodology and work plan to complete the scope of work: 1. Meet with the City staff to review specific street lighting design and construction requirements and project schedule. Obtain record drawings and electronic copies of street lighting plans, utility plans, roadway plans, etc. Discuss City's and consultant intent and approach to street lighting plans design. 2. Coordinate meetings as may be necessary to complete the design of the project. Willdan will provide a draft agenda and schedule update to the City Project Manager for each identified meeting a minimum of 3 working days prior to proposed meeting dates. Willdan will prepare meeting agendas and progress schedules. It is anticipated that 5 meetings with City Staff will be required for the project. 3. Field survey, as required, to confirm existing site conditions for the preparation of base plans. Identify features that may require removal, replacement or modification for the completion of this project such as existing sidewalk, street lights, pull boxes, driveways, trees, etc. 4. Prepare a summary of recommendations to the City with regards to the project once field survey has been completed. This includes recommendations for energy efficient solutions, modifications, possible conflicts and remediations. 5. Prepare fifteen (15) sheets of street lighting plans including one title sheet that includes the vicinity map, construction notes, index map, and one typical detail sheet. The plans will be prepared at a scale of 1 "=40' in AutoCAD format. Plans will include existing and proposed street light locations, conduits, wiring and feed points, as required by the individual design of each segment. Submittals will be provided to the City for review at the 75 %, 90% and 100% stage of plan development. Design will conform to the latest edition of the Standard Specifications for Public work Construction, City of Newport Beach design Criteria, Standards, Standard Special Provisions and Standard Drawings (2004 Edition). 6. Prepare two (2) plan sheets of street lighting wiring diagrams for the Harbor View Community street lighting conversion design. The conversion will consist of changing the existing series circuits to parallel lighting circuits. 7. Provide utility coordination, including first notice when project begins, second notice to those utility companies who are non - responsive and final notices to all utility companies in accordance with City's procedures. All documentation of contacts and responses will be copied to the City. WI LLDAN I Proposal for Energy Efficient Streetlight Improvement Project 24 For the City of Newport Beach (I) Willdan will prepare utility notices and sets of plans for each utility notice and deliver them to the City for mailing under City letterhead. If so desired by the City, Willdan can transmit these notices under Willdan's letterhead or City letterhead; however, the City would be responsible for any fees assessed to Willdan by the utility companies. In either case, all responses, questions, and correspondence from the utility companies will be addressed to Willdan's Utility Coordinator. Utility coordination includes request for service feed points and requesting relocation of conflicting utilities. 8. Prepare Engineer's Estimate, Construction Specifications and Special Provisions in Greenbook format. Draft submittals shall be prepared for the 90 %D and 100% design submittal. 9. After the 75 %, 90% and 100 %D PS &E submittal, make agreed upon revisions to plans and specifications, and re- submit to City for review. 10. Prepare final itemized engineer's estimate and submit with revised plans and specifications. 11. Upon final completion, acceptance and approval of plans, specifications, and engineer's estimate by the City, provide one (1) set of original plans, five (5) printed plan sets, two (2) hard sets of construction specifications, and two (2) hard copies of the engineer's estimate. 12. Assist during the advertisement and bidding of the street lighting project, including attendance at pre -bid meeting, pre - construction meeting, RFIs from contractors, periodic site visits and addenda to the project plans and specifications as directed by the City. 13. Once project has been constructed, prepare record drawings in electronic format with City supplied red - lines. Exclusions Structural Calculations —The need for structural calculations is not anticipated due to the use of standard street light poles. However, should the need arise during the design phase due to unforeseen conditions, structural calculations can be completed as mutually agreed upon in writing. W I LLDAN I Proposal for Energy Efficient Streetlight Improvement Project 25 For the City of Newport Beach IrWILLDAN Engineering reach July 22, 2009 Ms. Iris Lee, PE, TE Senior Civil Engineer City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Subject: REVISED - Proposal for Energy Efficient Streetlight Improvement Project Dear Ms. Lee: Willdan Engineering is pleased to submit this revised proposal for the Energy Efficient Streetlight Improvement Project in the City of Newport Beach. The following contains additions, deletions and revisions from our original proposal dated July 8, 2009. Additions - Page 24 Scope of Work, add item of work as follows: 6A. Prepare one (1) streetlight pole structural calculation for each of the five (5) general locations, as noted in the project understanding, to ensure that the existing streetlight pole will be sufficient to accommodate the new street light fixture. Deletions — Page 25, Exclusions, delete entire section as noted below: "Structural Calculations — The need for structural calculations is not anticipated due to the use of standard street light poles. However, should the need arise during the design phase due to unforeseen conditions, structural calculations can be completed as mutually agreed upon in writing. " Revisions — Page 21, Hours by Labor Classification Attached is revised labor hour's chart to include the additional scope item 6A as noted above. Engineering I Geotechnical I Environmental I Sustainability I Financial I Homeland Security 714.978.8200 1 800.424.9144 1 fax: 714.978.8298 1 2401 East Katella Avenue, Suite 450, Anaheim, CA 92808-6073 1 w .mlidan.00m City of Newport Beach July 22, 2009 Page 2 Willdan Engineering sincerely appreciates this opportunity to submit this revision to our original proposal dated July 8, 2009 to the City of Newport Beach. Should you have any questions regarding this proposal, please contact Mr. Lew Gluesing at (562) 908 -6291. Respectfully submitted, Engineering PE, TE, PTOE Vice President LG:ko 95610- 09 \06- 160 \P09 -164- Revised Engineering i Geotechnical i Environmental I Sustainability I Financial i Homeland Security 714.978.82011 1 800.424.9144 1 fax: 714.978.8299 1 2401 East Katella Avenue, Suite 450, Anaheim, CA 92808-8073 1 v .Wlldan.com EXHIBIT'B' CITY OF NEWPORT BEACH PROFESSIONAL ENGINEERING SERVICES for the ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT Revised 07/21/09 PROJECT TASKS CLASSIFICATION Group Manages SuparASing Engl Owr Smlw Dnign Manages 9enlor OrMTm Wily CoorUlftOr Sr. Design EnoI Dualgn Eno IUUeMgnw 11 i Word Pmo TOTAL LABOR HOURS M1.0pa TOTAL I -ABOR MeaOng will Clry StaK Prefiml.my MR, Notl4ea 2 2 2 2 -.. 1 Y. 6 3 14 E 970 $ 376 s t,r90 Willy CmItIlm7lon 2 12 FMM Willy NOtloaa Flew lmaaggap i, 16 6 16 1 5 32 S 685 S 6,000 Saae plan Pmpare0op Title StlM 2 40 4 20 --10— 30 T __— 72 4 266 29 $ 9.190 $ 520 E 34,880 S 3.775 Design Plans 6 10 30 120 70 WWI s m 1 1 3 24 wdw Dla9ram Piens _ - 2 2 -- -- - -24 _- -_- 28 10 E 3,490 S 11840 - -- Stnmtuml tabula0one 2 8 swmcmws -T� - -_ 2 3 10 -- _._�. 6 19 E 2.55 0 Englli.. Eatlmala Re antl III Mestlngs a4lD City SIC AaalaYncs 2 8 6 2 8 6 10 - - 1 - -__ 13 16 14 73 $ 1,605 6 2.440 S 2,180 't DmNnga lAa- BUlib) 1 10 NOT -TO- EXCEED 15 40 7D 190 16 124 80 7 514 6 6 71,755 t CHnntih 6540 wil l nAN tea,~ CERTIFICATE OF LIABILITY INSURANCE Y"' MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH sn7noo9 91172009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 Santa Ana, CA 92711 -0550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EACH OCCURRENCE 714 427$810 INSURERS AFFORDING COVERAGE INSURED 2401 E. Engineering 2401 ei KatA Avenue, Ste. 300 Anaheim, CA 92806 INSURER A Zurich American Insurance Co. INSURER B: American Automobile Ins. Co. INSURER c. XL Specialty Insurance Co. INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR TYPE OF 1NRURANCF POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITB LTR DATE MM -DD DATE MMIDDIYY A GENERALLIABILITY GLO904316303 11/09/08 11/09 /09 EACH OCCURRENCE x1000000 FIRE DAMAGE 81000000 X DOMLIERCIALGENERALLMRILIIY CLAIMS MADE a] OCCUR INDP. CONTRACTORS MED EXP(Any one person) $10,000 PERSONAL A AOV INJURY $1.000.000 X CONTRACTUAL INCLUDED X __- BFPD. XCU GENERAL AGGREGATE $2,000,000 GENTAGGREGATE LIMIT APPLIESPER PRODUCTS- OOMPK)PAGG $2000000 POLICY X PR- EOT LOC A AUTOMOBILE LIABILITY ANY AUTO BAP904316203 11/09/08 11/09/09 COMBINED SINGLE LIMB (5..c dent) $1,000,000 X BODILY INJURY (Per porson) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Pe'ac°tlaotl $ HIRED AUTOS NON- OWNEOAUTOS X PROPERTY DAMAGE (Per ACPdeM) S GARAGE UABIU1Y AUTO ONLY. EA ACCIDENT S O'THERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS IIABWTY E CHOCCURRENCE $ AGGREGATE $ OCCUR FICLPJMS MADE 5 $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80967141 11/09/08 11/09/09 X LIC SiATU- orH- Y E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional DPR9614659 11109108 11/09109 $1,000,000 per claim lability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONSILOCArONS EWCLESIEXCLUSIONS ADDED BY ENDORSEMENBSPECIAL PROVISIONS Generat- Liabff ty pettCy excludes Claims arising Out Of the perFormanee-of 'professional Re' Enery efffcfent streettht tmproyement project. City of Newport Beach, its elected or appointed officers, officials, (See Attached Descriptions) City of Newport Beach Iris Lee Public Works Depart. 3300 Newport Blvd. Newport Beach, CA 92663 ACORD 25-3 (7197)1 of 2 9I1R95R7ASlM9d9A1O LD ANYOF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE TH E EXPIRATION THEREOF, THE ISSUING INSURER WINOWO®$XAOC TOMAIL 30� DAYSWRMMM E TOTR E CERTIFICATE HOLDERNAMED TOTHE LEFT IRF 1988 AMS 25.3 (07197) 2 Of 2 t#S258735M{242418 POLICY NUMBER: BAP904316203 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 9/17/2009 Named Insured Willdan Engineering Name of Person(s) or Organization(s) City of Newport Beach Iris Lee Public Works Depart. 3300 Newport Blvd. Newport Beach, CA 92663 SCHEDULE Name of Person or Organization: City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that persarrororganization qualifies as an "insured" under the Who is An fissured Provision contained -in Sectionftofthe CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80967141 Issued to: Willdan Engineering By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 -5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of Newport Beach Iris Lee Public Works Depart. 3300 Newport Blvd. Newport Beach, CA 92663 Schedule Job Description Person or Organization: City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers WC 04 03 06 Countersigned by (Ed. 4-84) Authorized Representative 9 Additional Inserted — Automatic - Owners, Lessees Or Contractors - Broad Form ZURICH Polk No, EE Date of Pot Ex p. Date of Put I EH. Daze of End I Producer Add9 Preen. Retum Preen GL0904316303 11109/08 11/09109 11/09/08 Deatey, Renton 5 NIA $ N!A THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy wider a wrinen contract or written agreement. B. The insurance provided m additional insureds applies only to `bodily injury", "property damage" or " peraonal and advertis- ing injury" covered order Section 1, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only i£ 1, The `bodily injury" or "property damage" results from your negligence; and 2. The bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products - completed operations hazard', performed for the additional insured, which is the subject of the written contract or written agroement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of a The Limits of insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: -_.... 7= ._.. ..... _ -_ _.._._. .___...._. L 'Bodily injury" `property damage" or "personal and advertising Wary' that results solely ftont negligence of the additional insured, or 2. `Bodily injury", "property damage' or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including U- GL4173 -A CW (9103) Page J of 2 a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: I. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive wrintn notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the ciatm or "suit" will prompuy be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.0, of SECTION TV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U-GL- 1175 -A CW (9103) Page 2 of 2 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 09/22/09 Date Completed: 09/24109 Dept./Contact Received From Sent to: Shauna Company /Person required to have certificate: Shauna Oyler By: Michelle Ross Willdan Engineering I. GENERAL LIABILITY A. INSURANCE COMPANY: Zurich American Ins. Co. B. AM BEST RATING (A: VII or greater): "A "(XV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $11M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (Completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ❑ No 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Zurich American Ins. Co. B. AM BEST RATING (A: VII or greater) "A "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M 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? NIA ❑ 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: XL Specialty Ins. Co. 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? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Ed. 8 2009 ro��o-Em. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. io September 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 -644 -3323 or ilee @newportbeachca.gov SUBJECT: ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR DESIGN SERVICES RECOMMENDATIONS: Approve a Professional Services Agreement with Willdan Engineering ( Willdan) of Anaheim, California, for design services at a not -to- exceed fee of $71,755.00 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: On March 26, 2009, the U.S. Department of Energy (DOE) announced an Energy Efficiency and Conservation Block Grant ( EECBG) as part of the American Recovery and Reinvestment Act (ARRA). This funding opportunity appropriates formula -based grants to states, U.S. territories, tribes, and local governments to implement programs and activities pertaining to energy efficiency improvements, emission reductions, and total energy use reductions. The City of Newport Beach has been allocated $853,300. In compliance with the EECBG guidelines, Staff proposed an Energy Efficient Streetlight Improvement Project to reduce streetlight energy consumption at five general locations: 1. San Joaquin Hills Road between Jamboree Road and MacArthur Boulevard; 2. Harbor View Community; 3. Newport Pier; 4. McFadden Plaza; and 5. Balboa Pier. The total current power usage for these five project areas is approximately 34,700 watts. With the implementation of this project, the proposed usage is projected to be at 17,200 watts. With a difference of 17,500 watts, this represents approximately 50 percent savings in energy consumption. This savings can be achieved by implementing the following improvements: Energy Efficient Streetlight Improvement Project— Approval of PSA with Willdan Engineering for Design Services September 8, 2009 Page 2 Removing existing incandescent streetlights that run on an old series circuit and replacing them with light- emitting diode (LED) or high - pressure sodium (HPS) fixtures that will be connected to the City's parallel circuit system. Each of the existing streetlights consumes up to 400 watts on the old series circuit. Replacing the current circuit system with the proposed parallel circuit system will support the new luminaries which will use a maximum of 200 watts, of which 85 percent of those fixtures will be using 70 watts or less. Replacing existing double arm streetlights with single arm streetlights. The single arm streetlights will use high- output, low energy consuming luminaries that will consume less than half the power of the double -arm fixtures. Permanently removing selected streetlight poles. Strategic placement of the new energy- saving streetlights will provide the same level of brightness in the area with fewer number of lights. On June 19, 2009, staff invited five firms to submit a proposal for the streetlight improvement project, and three proposals were received. Three staff members independently reviewed the proposals and evaluated each firm's qualifications, past experience on similar projects, and availability before ranking Willdan the highest. Upon selection, staff negotiated with Willdan to provide the necessary scope of services for a not -to- exceed fee of $71,755. Willdan has completed similar streetlight design services competently and professionally on similar projects for the City and other local agencies in Southern California. The scope of Willdan's professional services includes the following: Preliminary Design which includes field reconnaissance, utility coordination, and design recommendations. Design which includes the preparation of construction documents. Post Design Services which includes bidding and preconstruction assistance, and preparation of as -built plans. Environmental Review: Engineering design services are not projects as defined by the California Environmental Quality Act (CEQA) Implementing Guidelines, and therefore do not require environmental review.. Funding Availability: There are sufficient funds available in the following account for the project: Energy Efficient Streetlight Improvement Project — Approval of PSA with Willdan Engineering for Design Services September 8, 2009 Page 3 Account Description General Fund Prepared by: Is ee Senior Civil Engineer Account Number 7013- C2202000 Total: Attachment: Professional Services Agreement Submitted by: Badum s Director Amount $ 71,755.00 $ 71,755.00 PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT 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 WILLDAN ENGINEERING, a California Corporation whose address is 2401 East Katella Avenue, Suite 450, Anaheim, California, 92806 ( "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 install new energy- efficient streetlights throughout the City, and convert a high - voltage series circuit to a parallel circuit. C. City desires to engage Consultant to prepare construction documents for the streetlight improvement project ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Lew Gluesing, Vice President. 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 3151 day of December 2010, 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 Seventy -One Thousand, Seven Hundred Fifty -Five Dollars and no /100 ($71,755.00) 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: 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. 4.4 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. 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 LEW GLUESING 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. I 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. ROBERT STEIN shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 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. �LN7�7GIs\:7Tit���3 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or 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 5 the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. 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 I 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. 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: 7 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 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 0 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City `As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD Q 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 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. ILI 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. 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 11 hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Iris Lee, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3323 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Lew Gluesing, Vice President Willdan Engineering 13191 Crossroads Parkway North, Suite 405 City of Industry, CA 91746 Phone: 562 - 908 -6291 Fax: 562 - 695 -2120 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 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. 13 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: )net D. ea mp Assistant City Attbrrney for the City of Newport Beach ATTEST: go Leilani Brown, City Clerk for the City of Newport Beach CITY OF NEWPORT BEACH, A Municipal Corporation In Edward Selich Mayor for the City of Newport Beach WILLDAN ENGINEERING: M William Pagett, Senior Vice President Roy L. Gill, Secretary Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 x 0 T p. Ik mr- C CD 3 CD fD Z ,gam spa �o m A O ■ C CR)■ C '} 0 Oo ice■■ �■ y ell. c Proiect Team Willdan utilizes a unified management approach, whereby each project is undertaken by a project team. Each project is assigned to a senior member of our staff with the background, experience and availability best suited for each assignment, or in this case, street lighting design. The following presents a brief description of our proposed project team, their experience, and their assignments for the street lighting design. Principal -in- Charge /Project Manager, Mr. Lew Gluesing, PE, TE, PTOE, will be responsible for the day -to -day operation of the Traffic Division and the quality control of the design project. Mr. Gluesing has 42 years of experience in traffic and transportation engineering, including state highway, neighborhood traffic management, traffic circulation, impact and parking studies, design and operations, municipal engineering, and operational analyses. To date, Mr. Gluesing has supervised the completion of more than 8,000 projects, including a variety of large- and small - scaled projects. Ms. Vanessa Munoz, PE, TE, PTOE, will serve as Deputy Project Manager, responsible for staff supervision, and supporting Mr. Gluesing in managing the design contract. With more than 12 years of design experience, her expertise includes traffic signal design, street lighting design, interconnect, and signing and striping. She has designed more than 50 street lighting projects for local cities, counties, and Callrans, including the implementation of the City of Maywood's Street Lighting Master Plan, which included the installation of 500 street lights. Mr. Ken Hanson, Senior Design Manager. Mr. Hanson managed the design and preparation of plans, specifications, and cost estimates (PS &E) for various street and parking lot lighting projects. His experience includes more than 45 years of traffic engineering services. Mr. Bob Burch, Senior Design Manager. Mr. Burch offers 17 years of traffic design experience and has extensive expertise using both AutoCAD and Micro Station. Specifically, his experience relates to preparing PS &Es for street lighting, traffic signals, signing and striping, traffic control, and construction project staging. Mr. Peter Keresztes, Senior Design Manager. Mr. Keresztes manages a variety of traffic related design projects including freeway and interchange improvements, street lighting, traffic signals, traffic control and signing and striping. Mr. Keresztes brings 22 years of traffic engineering experience to the project team. Mr. Ed Cox, Utility Coordinator. Mr. Cox provides utility coordination services for both large and small -scale street improvement project, such as sewer, storm drain, bridge construction, traffic signal and street lighting installation. Mr. Cox is familiar with the utility company's process and will work closely with them during the design and construction phases of the project. Mr. Cox possesses over 29 �. years of public works experience. WI LLDAN I Proposal for Energy Efficient Streetlight City of Newport Beach 7 f. t i I t i 4�ewPOeT o �� i. Y E n U Z ex C�CfF04��' Team Organizational Chart � ��wrpRr o � j f n � Resumes for key personnel are included on the following pages to help the City of Newport Beach further evaluate our qualifications. WI LLDAN I Proposal for Energy Efficient Streetlight Improvement Project 8 For the City of Newport Beach Scope of Work The following is Wilidan's methodology and work plan to complete the scope of work: 1. Meet with the City staff to review specific street lighting design and construction requirements and project schedule. Obtain record drawings and electronic copies of street lighting plans, utility plans, roadway plans, etc. Discuss City's and consultant intent and approach to street lighting plans design. 2. Coordinate meetings as may be necessary to complete the design of the project. Willdan will provide a draft agenda and schedule update to the City Project Manager for each identified meeting a minimum of 3 working days prior to proposed meeting dates. Willdan will prepare meeting agendas and progress schedules. It is anticipated that 5 meetings with City Staff will be required for the project. 3. Field survey, as required, to confirm-existing site conditions for the preparation of base plans. Identify features that may require removal, replacement or modification for the completion of this project such as existing sidewalk, street lights, pull boxes, driveways, trees, etc. 4. Prepare a summary of recommendations to the City with regards to the project once field survey has been completed. This includes recommendations for energy efficient solutions, modifications, possible conflicts and remediations. 5. Prepare fifteen (15) sheets of street lighting plans including one title sheet that includes the vicinity map, construction notes, index map, and one typical detail sheet. The plans will be prepared at a scale of 1 " =40' in AutoCAD format. Plans will include existing and proposed street light locations, conduits, wiring and feed points, as required by the individual design of each segment. Submittals will be provided to the City for review at the 75 %, 90% and 100% stage of plan development. Design will conform to the latest edition of the Standard Specifications for Public work Construction, City of Newport Beach design Criteria, Standards, Standard Special Provisions and Standard Drawings (2004 Edition). 6. Prepare two (2) plan sheets of street lighting wiring diagrams for the Harbor View Community street lighting conversion design. The conversion will consist of changing the existing series circuits to parallel lighting circuits. 7. Provide utility coordination, including first notice when project begins, second notice to those utility companies who are non - responsive and final notices to all utility companies in accordance with City's procedures. All documentation of contacts and responses will be copied to the City. W 1 LLDAN I Proposal for Energy Efficient Streetlight Improvement Project 24 For the City of Newport Beach Willdan will prepare utility notices and sets of plans for each utility notice and deliver them to the City for mailing under City letterhead. If so desired by the City, Willdan can transmit these notices under Willdan's letterhead or City letterhead; however, the City would be responsible for any fees assessed to Willdan by the utility companies. In either case, all responses, questions, and correspondence from the utility companies will be addressed to Willdan's Utility Coordinator. Utility coordination includes request for service feed points and requesting relocation of conflicting utilities. Prepare Engineer's Estimate, Construction Specifications and Special Provisions in Greenbook format. Draft submittals shall be prepared for the 90% and 100% design submittal. 9. After the 75 %, 90% and 100% PS &E submittal, make agreed upon revisions to plans and specifications, and re- submit to City for review. 10. Prepare final itemized engineer's estimate and submit with revised plans and specifications. 11. Upon final completion, acceptance and approval of plans, specifications, and engineer's estimate by the City, provide one (1) set of original plans, five (5) printed plan sets, two (2) hard sets of construction specifications, and two (2) hard copies of the engineers estimate. 12. Assist during the advertisement and bidding of the street lighting project, including attendance at pre -bid meeting, pre- construction meeting, RFIs from contractors, periodic site visits and addenda to the project plans and specifications as directed by the City. 13. Once project has been constructed, prepare record drawings in electronic format with City supplied red - lines. Exclusions Structural Calculations —The need for structural calculations is not anticipated due to the use of standard street light poles_ However, should the need arise during the design phase due to unforeseen conditions, structural calculations can be completed as mutually agreed upon in writing. WI LLDAN Proposal for Energy Efficient Streetlight Improvement Project 25 For the City of Newport Beach WILLDAN I , �`'� Engineering .each July 22, 2009 Ms. Iris Lee, PE, TE Senior Civil Engineer City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Subject: REVISED - Proposal for Energy Efficient Streetlight Improvement Project Dear Ms. Lee: Willdan Engineering is pleased to submit this revised proposal for the Energy Efficient Streetlight Improvement Project in the City of Newport Beach. The following contains additions, deletions and revisions from our original proposal dated July 8, 2009. Additions - Page 24 Scope of Work, add item of work as follows: 6A. Prepare one (1) streetlight pole structural calculation for each of the five (5) general locations, as noted in the project understanding, to ensure that the existing streetlight pole will be sufficient to accommodate the new street light fixture. Deletions - Page 25, Exclusions, delete entire section as noted below: "Structural Calculations - The need for structural calculations is not anticipated due to the use of standard street light poles. However, should the need arise during the design phase due to unforeseen conditions, structural calculations can be completed as mutually agreed upon in writing. " Revisions - Page 21, Hours by Labor Classification Attached is revised labor hour's chart to include the additional scope item 6A as noted above. Engineering I Geolechnical I Environmental I Sustainabilily I Financial I Homeland security 714.978.8200 1 800.424.9144 1 fax: 714.978.8299 1 2401 East Katella Avenue, Suite 450, Anaheim, CA 92806-6073 1 w .willdan.com City of Newport Beach July 22, 2009 Page 2 Willdan Engineering sincerely appreciates this opportunity to submit this revision to our original proposal dated July 8, 2009 to the City of Newport Beach. Should you have any questions regarding this proposal, please contact Mr. Lew Gluesing at (562) 908 -6291. Respectfully submitted, Tw dan Engineering Gluesing, PE, TE, PTOE Vice President LG:ko 95610- 09\06- 1601P09- 164 - Revised Engineering I Geotechnical I Environmental I Sustainability I Financial I Homeland Security 714.978.8200 1 800.424.9144 1 fax: 714.978.8299 1 2401 East Katella Avenue, Suite 450, Anaheim, CA 92806 -6073 1 w .Mldan.com CITY OF NEWPORT BEACH PROFESSIONAL ENGINEERING SERVICES for the ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT EXHIBIT 'B' Revised 07122 1UY PROJECT TASKS CLASSIFICATION Group 5upeMsing Senior DealBn Senior Manager Draher COOrdlnator Udlr. Sr. DaslBn EngI Oasign Erg 10Designer 11 Word Process TOTAL LABOR MIIeaBa TOTAL LABOR Manager Engineer HOURS $ 970 Meting vRN City Stag 2 2 2 6 Prellminery UtI y Notices 2 1 3 S 315 Utility Coordination 2 12 14 $ 1,790 Final Utility Notice$ 4 1 5 $ 565 low 0� $ 0,000 Field lnvoutgallons 16 _ 16 _........ . .. ........ ... 32 Base Plan Preparation F330 40 mmmm 20 10 72 $ 9,190 - S 520 Title Sheat a 4 Design plan. 6 10 120 30 266 S 34,950 1 7�0 29 $ 3,775 Wlring Diagram Plane 2 2 24 26 $ 3,490 5th,mm, CelcWanons 2 B in 3 1,810 Speclgeadone 2 3 t0 ................ < _..__.. 19 S 2,550 Englneen Estimate, 2 t 13 E 1,605 Review and Status Meetings with City S 6 mm I 16 8 2.440 - 81d Ae 0.Upce 2 6 6 .__.. ..... . _.......- 14 $ 2,190 RecordDrawings)AmBUlits) 3 10 13 E 1,735 NOT- 70EXCEED 15 40 71 190 16 124 00 7 544 S -IS 71,755