HomeMy WebLinkAboutC-4624 - PSA for Newport Beach Bridge Seismic Retrofit ProjectPROFESSIONAL SERVICES AGREEMENT WITH
AECOM TECHNICAL SERVICES, INC. FOR
NEWPORT BEACH BRIDGE SEISMIC RETROFIT PROJECT
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this P-1,11 day of Q`11 , 2010, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and AECOM
TECHNICAL SERVICES, INC., a California Corporation whose address is 999 Town &
Country Road, Orange, California, 92868 ( "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 plans to perform seismic retrofits on three bridges: Goldenrod Pedestrian
Overcrossing, Jamboree Road over San Diego Creek (Northbound) and
Jamboree Road over San Diego Creek (Southbound).
C. City desires to engage Consultant to provide construction management services
for the Bridge Seismic Retrofit 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 Peter Lim.
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, 2011, 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 ( "Work" or
"Services "). The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty -Six
Thousand, Six Hundred Seventy -Three Dollars and 94/100 ($186,673.94) 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:
Professional Services Agreement Page 2
A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated JIM HANNIGAN to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. TOM
SANDEFUR, or his designee, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or his
authorized representative shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
Professional Services Agreement Page 3
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers
and employees (collectively, the "Indemnified Parties) from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
Professional Services Agreement Page 4
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,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
Project, activities performed and planned, and any meetings that have been scheduled or
are desired.
Professional Services Agreement Page 5
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, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City s Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
suibconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
.a- transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Professional Services Agreement Page 6
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial .
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. . Other Insurance Provisions or Requirements.
'The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
Professional Services Agreement Page 7
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work
outlined in the Scope of Services. The subconsultants authorized by City to perform
Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
Professional Services Agreement Page 8
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.
18. 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.
19. 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.
20. 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.
21. 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
Professional Services Agreement Page 9
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.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. 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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Consultant to City shall be addressed to City at:
Attn: Tom Sandefur
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3312
Fax: 949 - 644 -3318
Professional Services Agreement Page 10
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Jim Hannigan
AECOM Technical Services, Inc.
999 Town & Country Road
Orange, CA 92868
Phone: 714- 567 -2501
Fax: 714 - 567 -2594
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, 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.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
Professional Services Agreement Page 11
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
32. 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.
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This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shalt not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
Professional Services Agreement Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
;�:� q / -2&
eonie Mulvihill I I r Iry
�(
Assistant City Attorney `\
ATTEST:
� A,r'
By: wf'�l,
Leilani I. Brown,
City Clerk
Attach mer its
CITY OF NFWPORT BOCH,
A Municip I C rpgratiorj/
IN
Michael F. Henn
Mayor
CONSULTANT: AECOM TECHNICAL
SERVIC 4C-.
By: ( Nk:�s
Peter Lim,
Senior Vice President
By:
-Et e-6�' Wo t+ ffiv 6041z—
Vice President
F -Il -it A — Scope of Services
Exhibit B — Schedule of Billing Rates
Professional Services Agreement Page 13
EXHIBI
TA
A=COM
August 13, 2010
Tom Sandefur, PE
Associate Civil Engineer
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
AECOM 714.567.2400 tel
999 Town & Country Road 714.285.0740 fax
orange, CA 92868
www.aecom.00m
RE: Proposal for Construction Management Services for Newport Beach Bridge Seismic Retrofit
Projects, Contract No. 3531
Dear Tom:
AECOM is a global provider of highest quality, efficient and cost effective construction management
services to a diverse group of clientele; both in the private and public sector. Particularto the latter
sector, our clientele encompasses Federal, State, County, and City agencies; Transportation
Authorities such as OCTA, RCTC, SANBAG, ACTH to name a few; Flood Control Districts;
Water /wastewater Authorities; and other Public Works entities.
AECOM's CM history includes similar construction projects and especially our extensive experience
working with Caltrans on freeway, highway and bridge projects,gives our firm a unique perspective
into the entire work scope required to assist the City and Caltrans in successfully completing this
project's construction. Our experience as construction manager on similar projects includes Caltrans
On -call Phase 2 Seismic Retrofit construction projects; the Fairview Road /1 -405 Interchange and the
Harbor Blvd Widening ($7.2 million) for City of Costa Mesa; the Linnel Lane overcrossing the 1 -215 ($3
million) and the Los Alamos /1 -215 Interchange Improvement ($11.3 million) for City of Murrieta; the I-
5/ Burbank Blvd Widening ($6 million) for City of Burbank; and the 1- 710 /Firestone Blvd Widening
($10.7 million) for City of South Gate.
AECOM is proposing to the City as the Prime consultant for the services. As such, we will be the
singular entity responsible for all contractual, administrative, managerial and technical
requirements. To supplement our in -house staff, AECOM has formed a teaming relationship with
Safework, Sequoia Consultants, , and Coast Surveying, to provide safety oversight, material testing,
and surveying services respectively. Those firms are consistent team partners of AECOM on projects
of this nature. They are dependable, responsive and do quality work.
While alt the above summarized experience is necessary to get the work performed efficiently and
cost effectively, at the end of the day it is the committed managers and staffing who will DELIVER.
No firm is any better than the leadership it provides. We are anxious to perform the required services
for the City and have no hesitation committing our A -Team to get the job done. Between myself
serving as the Project Director, Project Manager Jim Hannigan, and Resident Engineer Samson
Engeda, the City is getting three leaders who are among the very best (if not "the best ") in Southern
California. The remaining leadership we are committing in specialty areas is all seasoned veterans in
their respective specialty areas. Our proposed project organization and qualification of our
leadership will be highlighted in a subsequent section of our submittal
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As project Director, I am proud to present this team and staff to the City of Newport Beach. In my role
I will serve as the firm's primary representative and responsible for all duties from contract
negotiations through project completion. Project Manager Jim Hannigan will serve as the alternate
representative. Both of us are committed to do whatever it takes for the success of this project
Peter Lim / Principal -in- Charge
_ o
Peter.lim @aecom.com / 949.293.6282 (cell) J
°---------- ----- ------ ---- -- -- - - - -- -- ;c
Jim Hannigan / Project Manager
----— - -- - -- - - - - -- - -- o
Jim.hanniaan @aecom.com / 858.205.7730 (cell) E
999 Town & Country Road, Orange, CA 92868
We appreciate the opportunity to submit this proposal and look forward to continuing our working
relationship with the City.
Sincerely,
Peter Lim, PE
Project Director/ Sr. Vice President
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Technical Approach
AECOM is one of the nation's leading firms for transportation infrastructure design, program
management and construction management. Headquartered in Los Angeles, AECOM offers a project
'j team with extensive experience in public construction, particularly in,bridge seismic retrofits,
'I working and coordinating with Caltrans.
AECOM's CM /CEI Division specializes exclusively in providing full- service construction management
in bridge seismic retrofit projects. AECOM has successfully completed construction management on
some of the largest and most complex projects along the West Coast. As a result, the AECOM team is
thoroughly familiar with the challenges of working within the State's highway system, Department of
Fish & Game, USACE, and SCWRB. With our unchallenged experience in this area, we understand the
importance of looking ahead to avoid potential problems associated with this work. And because we
pride ourselves on the fact that we are proven problem solvers, and not just "paper pushers ", we will
quickly mitigate unforeseen conditions when they are encountered - AECOM engineers and team
members will provide solutions.
ib We have provided construction management and engineering design services on numerous
assignments of very similar scope and nature to the Newport Beach Bridge Seismic Retrofit Projects
and will bring this experience to carry out this project to a successful completion. The AECOM Team's
mission is to deliver an exemplary project that all involved are proud to claim as their own.
Summary Project Approach and Schedule
The purpose of the project is to provide construction management services in support of the City's
seismic.,retrofit program. The City is proposing seismic retrofits on three bridges, they are: Goldenrod
Pedestrian Overcrossing (POC), Jamboree Road over San Diego Creek (Northbound) and Jamboree
Road over San Diego Creek (Southbound). The Goldenrod POC retrofit includes strengthening the
bent caps with concrete bolsters, column casings, and strengthening the abutments with drill and
bond dowels in preparation of increasing the abutment stem walls. Jamboree Road has both
northbound and southbound structures to retrofit over the San Diego Creek. The northbound
structure consists of abutment shear walls, infill walls between columns at the bents, and structure
approach stabs. The Southbound structure includes abutment back wall retrofit and reconstruction
of structure approach slab.
We understand thatthe environmental clearance, right -of -way certifications, and the final design
have been completed. The City of Newport Beach is anticipating for construction to begin in
November of 2010. The total project is estimated to be approximately $1.7 million and has various
funding sources including: California Prop 1 B funds and Federal HBRR funds.
With the California Transportation Commission as the responsible party to ensure allocation of Prop
1 B funds to the various agencies, one of the requirements is for the City to comply with a Baseline
Agreement which contains a proposed timeline of committed target dates that are required to be met
forthe project. The schedule becomes very critical and shall be supported and adhered to in orderto
not only obtain the funds for this project yet set the precedence for other future projects the City may
on the project list for Prop 1 B funds.
Choosing the right construction management partner is key. The City needs a team that understands
the organization and its goals, knows how to interface with Caltrans and regulatory agencies, can
effectively and efficiently manage a contractorto build the project within schedule and budget
constraints, is well - versed in traffic management far safe pedestrian and vehicular movement
through the construction site, and understands the sensitivities of businesses and residents and the
importance of quick response to address their concerns. AECOM is that partner.
Newport Beach Bridge Seismic Retrofit Projects
AECOM ZS
Project Elements
In reviewing the site, we have identified key issues facing the City and your construction manager in
delivering the Newport Beach Bridge Seismic Retrofit Projects: safety, construction staging, traffic
handling, and coordination.
Safety
Our role starts with "Safety" and we begin with our pre- construction surveys. One of our prime
concerns are overhead power lines as well as underground duct banks located near live traffic, both
distribution and transmission lines. During construction activity, we must take precautions so that
this high voltage electricity does not arc to a crane or inspectors working nearby.
Under the direction of AECOM Team safety officer, we will ensure that AECOM internal "Code of Safe
Practices" fully complies with any and all local, State, and Federal safety codes and regulations. In
addition the safety officer will ensure that all personnel adopt the "Code of Safe Practices" that is
published bi- weekly. The safety officer will also conduct weekly safety meeting and minutes of
meetings will be properly documented.
On a regular basis, the AECOM Safety Officer wilt inspect the job site to ensure that the "Code of Safe
Practices" is being followed and that the equipment is being operated in accordance the
manufacturer recommendations.
Traffic Handling and PedestrianNehicularAccess
The City has made commitments to local businesses and property owners to maintain access and a
Level of parking during construction, it is important for your construction managerto be your proxy on
site to honor those commitments. The specifications need to clearly state that the Contractor is
responsible for 24/7 access for the business and have capability of pedestrian crossings and each at
grade crossing location. One way to mitigate any inconvenience is for the Contractor to conduct night
work in lieu of partially closing a particular driveway during the day — proper planning is essential.
Safe movement of vehicles and pedestrians through the job site, protection for workers, removing
unnecessary obstacles, providing clean passage for pedestrians are all key considerations. Handling
traffic during construction also means we make early coordination and close communication with
Caltrans District 12 personnel, and the City staff for any actions that could affect traffic conditions
within their right -of -way.
The construction manager has a responsibility to review the staging of the project plans and bring
attention to not only risks, but also any alternative staging of construction that will mitigate time on
the project which will serve as cost savings to the City as well as promote efficiency.
Coordination and Utility Relocations
The construction manager will be responsible for the day to day administration and coordination of
the project. The CM will act as the point of contact between Contractor, consultant surveyors,
consultant material testers, AGENCY, Designer, and other project participants. All the project
information related to the construction contract shall flow through the construction manager to /from
the contractor and all other project participants.
Coordination
Proper coordination with the City, Caltrans, and various regulatory agencies is important to verify that
we meet their expectations. With weekly construction meetings along with special coordination
meetings, coordination efforts and reviewing the requirements prior to the work helps with ensuring
compliance to all regulatory permits on the project.
Newport Beach Bridge Seismic Retrofit Projects
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AECOM 26
Public Outreach
The construction manager shall work directly with the City's Public Outreach team with timely
notifications, and up to date progress on lane closures, traffic control, phasing /staging notifications o
for the media, residents and business owners within the vicinity of the project. a
AECOM's Project Approach
We have a team of highly experienced construction management and scheduling professionals
available to review the plans and special provisions for accuracy and completeness. Our team
members are very familiar with Caltrans standard plans and specifications and will ensure the
Contractor constructs the project in accordance with not only Caltrans standard plans and
specification but also the City of Newport Beach's standard plans and specifications.
Proactive vs. Reactive
As part of any construction management project, identifying and preparing for potential risks is an
important early action, hence bringing on board a construction manager in advance of construction is
an asset to the project and has the potential to save costs and time on the project. AECOM can serve
the City with a service prior to construction which is commonly referred to as the preconstruction
phase. During this phase, tasks include development of a Resident Engineer's Manual for the project
which serves as a Project Management & Execution Plan for CM services to the client. This manual
explicitly informs the client of document control, contract administration, and management of the
project from Preconstruction Phase, Construction Phase, and the Post Construction Phase of work.
The AECOM team shalt perform a preliminary constructability review to reassure the City of Newport
Beach that all potential risks have been property identified prior to going out to construction. For
each risk identified, we assess probability and impact, define party best able to manage the risk, and
propose mitigation orelimination strategies.
In general, during the construction phase, the CM shalt have primary responsibility for
• Construction completion on schedule, within budget, and in accordance with the contract
documents and sound safety practices.
• Proper documentation, negotiation and processing of all changes and claims.
• Processing of progress payments in a timely manner.
• Performance of required field quality control surveillance and inspections.
• Third Party Coordination
The CM shall ensure that all contract deliverables are properly documented and promptly processed.
These construction /procurement contract deliverables include, but are not limited to:
• Shop drawings, working drawings, and vendor data
• QA /QC Procedures
• As -built drawings
• Inspection and testing records
• Contractor Construction Baseline Schedule and updates
• RFI's and RFCs
Payment requests
As the authorised representative of the AGENCY, the CM's detailed responsibilities include:
• Coordinate all construction /procurement activity, including interface with adjacent
contracts.
• Manage construction support activities.
• Document, verify and report contractual progress.
• Monitor Contractor progress against the approved schedule.
• Work with Contractor to develop and implement corrective actions to mitigate delays.
Newport Beach Bridge Seismic Retrofit Projects
AECOM -27
• Review Contractor submittals for content and format.
Process and track submittals to and from the reviewing entity.
• Manage the change control process, including processing valid contract change
notices /orders.
• Maintain contract deficiency lists.
Implement claims mitigation and claims resolution actions.
• Provide surveillance of in- process work and acceptance testing.
• Monitor the Contractor's QC Program, where applicable.
• Monitor the Contractor's Safety Program.
Monitor and report Contractor compliance with the federal, state and local government
requirements.
• Coordinate survey work performed by CM surveyors.
• Coordinate "Third Party" services and work affecting construction.
• Process and coordinate Requests for Information.(RFIs) from contractors.
• Monitor and verify delivery of equipment and material to job -site.
• Recommend expedited construction techniques.
• Monitor contract compliance with environmental and archaeological requirements.
Monitor performance and startup tests.
• Enforce warranty provisions of contracts.
• Manage the contract closeout process.
Post Construction Phase . consists: of wrapping up any potential claim or claim issues, as built plans
and schedule, as long as prepare project closeout paperwork for the project in accordance with the
{LAPM Chapter 17) Caltrans Local Assistance Procedures Manual. Delivering all project records and
,processing final payment to the Contractor and obtain Project acceptance and completion forms
ffbm all parties involved.
Summary of Scope of Services (Responsibility Matrix)
In the figure below, we demonstrate an example of a typical responsibility matrix we may generate for
a typical grade separation project. The scope of services is based on performing the following
construction phase services outlined in the Responsibility Matrix on the next page.
Schedule
We review the contractor's initial baseline schedule to verify that it is a reasonable, practical, and
comprehensive plan for accomplishing the work. We look to see whether or not the contractor has
provided the appropriate schedule interfaces with the other project activities, such as submittal
review, material deliveries, and agency reviews. To better inform the Contractor of the constraints to
the project, we conduct a preconstruction schedule meeting where we inform the contractor of
details pertaining to the schedule contents, formats, contractual requirements, and update
submissions.
We also review the contractor's monthly schedule updates, perform time impact analyses, review and
approve recovery and as -built schedules. We maintain an as -built schedule throughout the project.
We can typically rely on the as -built information provided by the contractor through its monthly
schedule updates to create the record of as -built construction.
Sometimes there are unknown or unforeseen impacts to the project which are generated by the
agency or third parties. When this arises, we generally try and foresee these issues in advance and /or
mitigate the delay as soon as possible. Taking a proactive approach and generating work a- rounds
and /or accelerating the project with certain "What -if' scenarios to the schedule. We generate a cost
and time impact /savings to each scenario for the client as options to mitigate a delay.
Newport Beach Bridge Seismic Retrofit Projects.
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PERSONNEL RESPONSIBILITY MATRIX
Le end-
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F-
Resident Engineer's Manual
R
Constructability Analysis
P
P
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Initial Construction Schedule and Project Budget Analysis
71s,
P
Bid Documents (Review and Bid Tabulations)
P
Pre Condition Survey (Photos /Documentation)
C
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P
Contract Award (Bid Analysis, Insurance, Sureties etc.)
P
Pre - Construction Meetings
5
5
P
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S
Progress Management &Administration
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Progress Schedule
C
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5
Construction Coordination
5
P
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Changes /Claims
P
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Monitor, Review, Approve (SWPPP AQMD) Compliance
P
S
Construction Safety
C
P
S
S
Utility Coordination
P
S
Coordinate Flagpersons and Watchpersons
P
S
Quality Control Inspection and ]DR
R
P
Materials Testing and Support Services
S
S
P
Environmental Services
R
S
Progress Payments
P
S
S
Submittals and RFI's (Requests for Information)
R
S
Conferences / Meetings
P
S
Reports and Records
R
S
Review of Traffic Plans (Detours and Lane Closures)
R
S
Survey Support (QC) Services
S
S
S
Public Affairs
P
Document Control
R
S
Contractor Insurance
P
Labor Compliance and DBE Monitoring
P
As -Built Drawings
R
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Other Services as Required
S
P
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Contract Closeout
S
P
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5
. 9 Newport Beach Bridge Seismic Retrofit Projects
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Local. Assistance Procedures Manua[ Exhibit 10 -H
Construction Management (CM) Services for Newport Beach Seismic Retorfit Project
CONTRACT NO. 358 -ST Date: August 14, 2010
I
Consultant: AECOM
Classification
I Project Manager
Resident Engineer /Snunure Rep.
Structures Inspector
- Labor Compimm
Project ContmIs/Scheduler
Constmctability Review
DIRECT LABOR (SPECIFY)
Name
Range
Hours
Jim Hannigan, PE
$65.00
$85.00
8 $
Samson Engeda, PE/SE
$55.00
$65.00
1160 $
Stan Vander Mey, PE
$45.00
$60.00
0 $
Shad Gaffney
$35.00
$45.00
7 $
Ricaudo Fajrdo
$45.00
$50.00
28 $
Gerald Schoben, PE
$55.00
$65.00
0 $
Anticiapted Salary Raise None.
Hourly Rate Year
Ending 2010
$ 0.00
rect Rate (Fringe Benefits + Overhead + General and Adminsitrative) 121.8% �$ 84,020.94
(Profit) 8% Is 12,240.29
Other Direct Costs
Travel Costs (Form 60.2) $ 0
Equipment and Supplies (Form 60 -2) $ 9,430.00
All Other Direct Costs (See Form 6G-2)1 $ 9.430.00
Total Subcontractor Coats $
Subcontractor Adminstratwn $
12,000.00
Local Assistance Procedures Manual Exhibit 10 -H Other
Other Direct Cost
Construction Management (CM) Services for Newport Beach Seismic Retorfit Project
CONTRACT NO. 358 -ST
Consultant: AECOM
OTHER DIRECT COSTS SCHEDULE
Date: August 14, 2010
1. All ODC other than Vehicle Usage and Monthly Cellular Charges will be billed. Actual Costs with Outside Vendors Invoice
2. Vehicle Usage Cost includes all insuracne, maintenance and operating costs. Vehicle Usage Rate will be fixed for the duration of
the contract with no increase for allowance for increase gas prices, insurance, maintenance and operation costs.
3. Mileage Rate show above is for estimate only. Mileage Rate will be reimbursed in accordance with IRS Standard Mileage Rates.
4. All other Travel and Subsistence will be reimbursed in accordance with DPA guidelines for non - exempt State employees
CITY OF Newport Beach
Construction Management Services: Neavvort Beach Seismic Retrofit Project
Labor Person-Hours Calculation
CLASSIFICATION
FIRM
Pre-Construction Phase
CONSTRUCTION PHASE
PHASE
Post Construction
Aug
1
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2010
Sept Oct ct
2 3
0 0
0
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4
1
Dec
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5
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6
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Feb
7
1
Mar
Mar
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1
Apr
9
1
2011
May
to
2
Total Hours
Total Hours
8
8
Project Manager
ARCOM
Resident Engineer /Structure Rep.
ARCOM
8
40
80
0
168
168
8
168
168
6
168
8
168
24
1160
11 60
Structures Inspector
AHCOM
0
0
0
0
0
0
0
0
0
0
0
L20
Labor Complance
ARCOM
0
0
0
1
1
1
1
1
1
1
7
Project Controls/Scheduler
AECOM
0
0
12
1]_
2
2
2
1 2
2
2
4
28
Constructability Review
ARCOM
16
4
0
0
0
0
0
0
Materials Inspection
0
0
0
8
8
8
0
48
Surveyor (As- Needed)
C,,.t Sw.yl.g
0
0
0
0
0
0
0
TOTAL PERSONNEL HOURS
24
44
92
1 So
I So
ISO
180
31
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ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
`...� CERTIFICATE OF LIABILITY INSURANCE 4/1/2011
PRODUCER Lockton Insurance Brokers, LLC
INSR
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MacArthur Blvd., Suite 550
HOLDER. AND CONFERS DOES NO
CA License #OF15767
CA Li
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TYPE OF INSURANCE
ALTER THE COVERAGE AFFORDED BY
949 - 252-4400
DATE(MMIDD/YY)
LIMITS
INSURERS AFFORDING COVERAGE
INSURED AECOM ToChnolog Corporation
INSURERA TravelerSProperty Casualty CoofAmeric a
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1075642 AECOM Technical rvices, Inc.
999 Town & Country Road
$ XXXXXXX
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Orange CA 92868
INSURER C
COVERAGES
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CLAIMS MADE 1:1 OCCUR
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MED EXP(Any one Person)
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GENERA-AGGREGATE
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AUTOMOBILE
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BODILY INJURY
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ALL OWNED AUTOS
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EXCESSIUMBRELLA LIABILITY
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(All Other States)
E.L. DISEASE - POLICY LIMIT
$ 1;000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLEVE XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
For Newport Beach Bridge Seismic Retrofit Project. Waiver of Subrogation applies per attached endorsement.
uCR I Iriu. I C MUL VCR MXtlMCLLA I KJPI 1-1—vvvl
11095555 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Newport Beach (CA) DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
3300 Newport Boulevard - PO Box 1768 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Newport Beach CA 92658 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 2512009!011
CORPnRATION_ All rinhtc reserved
The ACORD name and to o are registered marks of ACORD
For questions re0erdiro this cer ificale, contact the number IisTed in the'Pr registered
section above and sceciNthe client code'AECTE01'.
TRAVELERS
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (00)
POLICY NUMBER: 2J 2 22 10
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy.
We will not enforce our right against the person or organization named in the Schedule.
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 % of the California workers' compensation
premium otherwise due on such remuneration.
Schedule
Person or Organization
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FOR WHOM THE NAMED INSURED
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Job Description
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AiCR"
CERTIFICATE OF LIABILITY INSURANCE
DATE
61ro4ao11
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GILD 596589102
C TACT
Insurance SeNlces
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NAME:
_
PHONE FAX
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PRDDUSECER
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Orange, CA 92868
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
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EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.-
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NUMBER
A
GENERAL LIABILITY
GILD 596589102
04I01I2010
04N1/2011
EACH OCCURRENCE
$ 1•�•�
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1,000.
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0410v2010
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAtNrh ACORD 101, Additional Remarks Schedule, B more space is required)
RE For Newport Bead 81 Seismic pencil Projecl
(SEE ADDITIONAL PAGE TEX13
City of Newport Beam [CA)
3300 Newport Boulevard
PO Box 176E
Nevrpod bears, CA 926E8
AGORD 25(2UDgi09}
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
O(Mar9n RIaN 8nauran54 $efVlceS
DO ID Denman
The AGORD name and logo are registered marks of AGORD
ADDITIONAL INFORMATION LOSA0127699531 DAIS IMMNUIYY)
PRODUCER
Marsh Risk & Insurance Services
CA Ucense &0437153
777 Scuth Figueroa Street
Las Algeles, CA 90017
a 34 &5M164
-I0 T(273)-
06510- AECOM- CAS -101st AECTE AECOM REGINA 17171
- - -Alin -Lon
INSURERS AFFORDING COVERAGE
NAICC
NSURED
INSURER G
AECOM Technical Services Inc.
- - -- - - - - -- - --
�-WVRERI
—
999Town &County RRomURERH
INS—
J
Orange, CA 92868
INSURER J
TEXT
THE CITY OF NEWPORT BEACH (CA), ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED FOR GL COVERAGES. BUT ONLY AS RESPECTS WORT(
PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. IA WAIVER OF SUBROGATION IS PROVIDED FOR THE GENERAL LIABILITY, AUTO LABILITY COVERAGE AND PROFESSIONAL LIABILITY
COVERAGE. 30 DAY NOTICE OF CANCELLATION IF INSURER CANCELS, APPLIES TO ALL POLICIESAS REQUIRED BY WRITTEN CONTRACT FOR GENERAL LIABILITY, AUTOMOBILE LIABILITY AND
PROFESSIONAL LIABILITY POLICIES, SUCH INSURANCE AFFORDED SHALL BE PRIMARY INSURANCE AND ANY INSURANCE CARRIED BY CERTIFICATE HOLDER& ADDITIONAL INSURED SHALL BE
EXCESS AND NOT CONTRIBUTORY INSURANCE FOR GENERAL LIABILITY COVERAGE. (AUTO WORDING IS INCLUDED IN THE POLICY FORM).
CERTIFICATE HOLDER
City of Newport Bench (CA)
3300 NewPon Boulevard
PO Rex 1768
Newport Beech. CA 92658
POLICY NUMBER. GLO 5965891 02
COMMERCIAL GENERAL LIABILITY
CO 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
CITY OF NEWPORT BEACH (CA)
3300 NEWPORT BOULEVARD
P.O. BOX 1768
NEWPORT BEACH, CA 92658
ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEEP.S
RE: For Newport Beach Bridge Seismic Retrofit Project
Section II — Who Is An Insured is amended to in-
clude as an additional insured the persons) or or-
ganizations) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
Omissions or the acts or omissions of those acting on
your behalf:
A. In the performance of your ongoing operations,
or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04 Copyright, i5:0 Properties. Inc , 2054 - - Page 1 of 1
UNIFORM.
POLICY NUMBER: GLO 5965891 02
COMMERCIAL GENERAL LIABILITY
CG 20370704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or O cl nizationfst:
Location And Description Of Completed
Oaerati n
City of Newport Beach (CA)
RE: For Newport Beach Bridge Seismic Retrofit
Project.
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658
ITS OFFICERS, OFFICIALS, EMPLOYEES AND
VOLUNTEERS
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganizations) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or In part, by "your work"
at the location designated and described in the
schedule of this endorsement performed for that ad-
ditional insured and included In the "products -com-
pleted operations hazard ".
CO 20 37 07 04 Cap,jrlght, ISO Praperties, Inc.. 2004 Page 1 of 1
UNIFORM
0
Additional Insured - Owners, Lessees or
Contractors (Primary Insurance)
a
ZURICH
I Policy No I CR._ Dare of Poi I Exn Date of Pol. I =fr. Dam ol'End. I Producer I Add -1. [rem I RMUm Pram.
GLO 5965891 -02 104/01/10
0
This endorsement modifies the insurance provided under the following'
Commercial General Liability Coverage Form
SCHEDULE
Name of Person or Organization:
Only those as required by written contract.
(if no entry appears above. info,mation required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
SECTION 11- WHO IS AN INSURED is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other
insurance available to the person or organization shown: in the Schedule unless the other insurance is provided by a
contractor other than you for the same operation and job location. Then we will share with that -other insurance by the
method described in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.
0
Endorsement ZURICH
Polley No. I EH. Date of Pol. Ext). Date of POI ER. Dote of End. I Producer Add'I. Pram Retum Prom.
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
The Insured: AECOM TECHNOLOGY CORPORATION
Endorsement No. 4
Melling Address (Including Zip Code): 555 SOUTH FLOWER STREET, #3700
LOS ANGELES, CA 00071
Liability Polley{
It Is hereby agreed that U-GL- 1114 -A CW (10102), Blanket Notilloetlon to Others Cancellation, Is added to
the policy per the attached:
All otber iemre and conditions of this policy remain unciumged.
.:111710 my
Countersigned
tNJU; 14 -A CW (10103)
Page 1 of 1
a
Blanket Notification to Others of Cancellation ZURICH*
Poacy No.
I Ea, Date or Pd.
E* Ogre of Poi.
Ea. Date of End.
PMduwr No.
Add%Prom
RaNm Preen.
OL05905 01-02
04/01r20110
04/0112011
10212010
75420AOD
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies Insurance provided under the:
Commercial General Liability Coverage Part
A. If we cancel this Coverage Part by written notice to the Bret Named Insured for any reason other than nonpayment of
premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or
organization shown In a Schedule provided to us by the First Named Insured, Such Schedule:
1. Must be Initially provided to us within 10 days:
a. After the beginning of the policy period shown In the Declarations; or
b. After this endorsement has been added to policy;
2. Must contain the names and e-mail addresses of only the persons or organizations requiring nodgcation that such
Coverage Pori has been cancelled;
3. Must be In an electronic format that Is acceptable to us; and
4. Must be accurate.
Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such
updated Schedule must comply with Paragraphs 2.3. and 4. above.
S. Our delivery of the electronic notification as described In Paragraph A. of this endorsement will be based on the most
recent Schedule In our records as of the date the notice of cancellation Is mailed or delivered to the first Named
Insured. Delivery of the notification as described In Parogreph A. of this endorsement will be completed as soon as
practicable after the effective date of cancellation to the first Named Insured.
C. Proof of entailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and S, of
this endorsement.
D. Our delivery of electronic notification described In Paragraphs A. and S. of tlds endorsement Is Intended as a courtesy
only. Our failure to provide such delivery of electronic notlitcatlon will not:
1. Extend the Coverage Part cencellalion date;
2. Negate the cancellation; or
3.. Provide any additional Insurance that would not have been provided In the absence of this endorsement.
E. We are not responsible for the accuracy, integrity, Ilmellnese and validity of Information contained. In the Schedule
provided to us as described In Paragraphs A, and S, of this endorsement.
All other terms and condigons of this policy remain unchanged.
LL01,4114-A CW (10.02)
Page 104 t
Insdudes mpynghleo maleAal of N wmre Services O@ce, Im- VAth la pormisaiae.
Endorsement
0
ZURICH
Policy No
ER. Date of Poi.
JExp Date of Pot
Eft Date of End.
Producer
I Add', Pram
Return Pram.
BAP 5955193-02
D0112010
0
r
S
I ypso:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
The Insured: AECOM TECHNOLOGY CORPORATION
Endorsement No.: 13
Mailing Address (Including Zip Code): 555 SOUTH FLOWER STREET, #3700
LOS ANGELES, CA 9OD71
Business Auto Policy
It is hereby agreed that UCA812AC W (05/10), Notification of Others Cancellation, is added to the policy for
the City of Newport Beach, CA per the attached:
All other terms and conditions of this policy remain unchanged.
121710 MY
Countersigned _
Authorized Represe,tat.ve
Page 1 a I
a
Notification to Others of Cancellation ZURICH
PoMry No Ex.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial Automobile Coverage Part
A. if we cancel this Coverage Part by written notice to you for any reason other than nonpayment of premium, we will
mail or deliver a copy of such written notice of cancellation:
1. To the name and address corresponding to each person or organization shown In the Schedule below; and
2. At least 10 days prior to the effective date of the cancellation, as advised In our notice to you, or the longer
number of days notice It Indicated In the Schedule below.
B. If we cancel this Coverage Part by written notice to you for nonpayment of premium, we will mail or deliver a copy of
such written notice of cancellation to the name and address corresponding to each person or organization shown In
the Schedule below at least 10 days prior to the effective date of such cancellation.
C. If notice as described in Paragraphs A. or B. of this endorsement Is mailed, proof of mailing will be sufficient proof of
such notice.
SCHEDULE
Name and Address of Other Person(s) /
O anlzatlon s Number of Days Notice:
City of Newport Beach, CA
3300 Newport Blvd.
P.O. Box 1768 45
Newport Beach CA 82668
All other terms and conditions of this policy remain unchanged.
v- CA -8 +2.A VA t05P 0
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We of Pol.
I Exp. DOW of Pol.
I En. Date of End.
I Producer No
I A . Pram
Retum Pram.
BAP5965893 -02
t 4/01/2010
1 4101/2011
1 10/21/2010
1 75428 -000
1 TBD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial Automobile Coverage Part
A. if we cancel this Coverage Part by written notice to you for any reason other than nonpayment of premium, we will
mail or deliver a copy of such written notice of cancellation:
1. To the name and address corresponding to each person or organization shown In the Schedule below; and
2. At least 10 days prior to the effective date of the cancellation, as advised In our notice to you, or the longer
number of days notice It Indicated In the Schedule below.
B. If we cancel this Coverage Part by written notice to you for nonpayment of premium, we will mail or deliver a copy of
such written notice of cancellation to the name and address corresponding to each person or organization shown In
the Schedule below at least 10 days prior to the effective date of such cancellation.
C. If notice as described in Paragraphs A. or B. of this endorsement Is mailed, proof of mailing will be sufficient proof of
such notice.
SCHEDULE
Name and Address of Other Person(s) /
O anlzatlon s Number of Days Notice:
City of Newport Beach, CA
3300 Newport Blvd.
P.O. Box 1768 45
Newport Beach CA 82668
All other terms and conditions of this policy remain unchanged.
v- CA -8 +2.A VA t05P 0
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TERMINATION AMENDED ENDORSEMENT
N¢med Neared
ErWwv&rrtd NumEdf
AECOM Technology Corporation
26
Palley symbd Ptlky mEer
PMky eAOd
Efladna Hate d E eemem
EON - 021664683 003
0410112010 to 10108!2011
12/16/2010
Issued BY (Name b Ieeur namPany)
Illinois Union Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
It is agreed that Section XV, Termination, is amended by adding the following;
Notwithstanding anything in this section to the contrary, except with respect to termination for nonpayment of
premium, the Insurer shall give the following parties, at the addresses listed In this endorsement, at least 30 days'
prior notice in the event the Policy is cancelled or nonrenewed:
C old
City of Newport Beach (CA)
3300 Newport Boulevard
P 0 Box 1768
Newport Beach, CA 82658
All other terms and conditions of this Policy remain unchanged.
JOHN J. LUPICA. President
Authorized Representative
?F -00000 ra "0; E0 0231'0
r
t
i
I
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 1 -04 -11 Dept. /Contact Received From: Shauna
Date Completed: I -04 -11 Sent to: Shauna By: Joel Griffin
Company /Person required to have certificate: AECOM TECHNICAL SERVICES, INC
I. GENERAL LIABILITY
A.
INSURANCE COMPANY: Zurich American Insurance Company
B.
AM BEST RATING (A-: VII or greater): A +: XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M 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?
IN 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.
Attached endorsement notice of cancellation
II. AUTOMOBILE LIABILITY
A.
INSURANCE COMPANY: Zurich American Insurance Company
B.
AM BEST RATING (A-: VII or greater) A +: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M min. BI-& PD and $500,000 UM, $2M min
for Waste Haulers):
What is limits provided?
1,000,000
E.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A
❑ Yes ❑ No
F.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the
City will accept the
endeavor wording.
Attached endorsement notice of cancellation
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Travelers
B. AM BEST RATING (A-: VII or greater): A +: XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included?
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
January 6, 2011
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
❑ Requires approval /exception /waiver by Risk Management
Comments:
I
Approved:
Risk Management Date
Date
initials
® Yes ❑ No
® Yes ❑ No
� I prT 7ni0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT ,_ mnnnnnr
October 12. 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Tom Sandefur, Associate Civil Engineer
949 - 644 -3312 or tandefur@newportbeachca.gov
SUBJECT: SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND
GOLDENROD PEDESTRIAN OVERCROSSING — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH AECOM
ISSUE
The upcoming bridge retrofit project requires the services of a construction
management consultant.
RECOMMENDATION
Approve a Professional Services Agreement with AECOM of Orange, California, for the
San Diego Creek Bridge and Goldenrod Pedestrian Overcrossing bridge retrofits of a
not to exceed price of $186,673.94, and authorize the Mayor and City Clerk to execute
the Agreement.
DISCUSSION
This project involves seismically retrofitting three bridges within the City. Jamboree
Road over San Diego Creek both Northbound and Southbound and Goldenrod
Pedestrian Overcrossing have all been listed as a mandatory bridge retrofit by the State
of California. The project plans have been finalized and approved. The plans have
been bid and the award of contract is pending.
Recently, Staff requested proposals from five firms to provide construction
management services for the Jamboree over State Route 73 Bridge Widening Project
in accordance with Council Policy F -14. The five firms were (1) Anderson Penna, (2)
Caltrop, (3) Parsons Brinkerhoff, (4) AECOM, and (5) Engineering Resources of
Southern California. Three proposals were received from Anderson Penna, Parsons
Brinkerhoff and AECOM. Proposals were independently evaluated and rating sheets
Seismic Retrofit of San Diego Creek Bridges and Goldenrod Pedestrian Overcrossing — Approval of Professional Services
Agreement with AECOM
October 12, 2010
Page 2
were completed and discussed by two City staff members and one Caltrans
representative. This established a list of qualified bridge construction management
firms. Anderson Penna was chosen for the Jamboree Widening job. AECOM placed a
very close second in the evaluation. Since the Retrofit projects and the Jamboree
widening require nearly identical construction management services and AECOM
showed excellent project understanding and expertise, Staff determined that this met
the guidelines of F -14 and requested a revised cost estimate to perform Construction
Management services on this bridge retrofit project.
A summary of the consultant selection process:
Statements of Qualification Reviewed
Request for Proposals Requested:
Request for Proposals Received:
The proposed not to exceed construction management services fee is $186,673.94. The
scope of services include:
Pre - Construction Phase:
a) Complete a Constructability Review
b) Evaluate Bids
c) Review Existing Project Files
d) Prepare a Resident Engineer's Project Schedule
e) Administer Construction Contract
f) Pre - Construction Meeting
g) Prepare Administrative Process for Dispute Resolution
Construction Management During Construction:
a) Coordinate all Construction Activities
b) Manage Project Schedule, Progress Meetings, and Reports
c) Prepare Progress Payments and Change Orders
d) Manage Shop Drawing and Materials Submittals
e) Manage Request for Information
f) Perform Construction Observation /Inspection Services
g) Monitor, Review, and Approve Environmental Compliance
h) Survey Support Services
Material Testing: Provide Material Testing
Post - Construction Services: Prepare Contract Records and Final Report
At the approval of this Professional Services Agreement, AECOM will begin the tasks
associated with the Pre - Construction Phase. The remaining tasks will be completed upon
award of the construction contract.
2_
w
in
Seismic Retrofit of San Diego Creek Bridges and Goldenrod Pedestrian Overcrossing — Approval of Professional Services
Agreement with AECOM
October 12, 2010
Page 3
ENVIRONMENTAL REVIEW
Construction management services are not projects as defined by the California
Environmental Quality Act (CEQA) Implementing Guidelines.
PUBLIC NOTICE
Not Applicable
FUNDING AVAILABILITY
This work will be paid from federal and state sources with 88.53% of the cost funded
from Federal Highway Bridge Rehabilitation Funds and 11.47% funded from
Proposition 1 B funds. Both programs are administered by Caltrans and reimbursement
will be sought through Caltrans. Sufficient funds are available in the following account
for the project:
Account Description Account Number Amount
Contributions 7251- C5100695 186,673.94
Prepared by:
Tom Sandefur, POV
Associate Civil Engineer
Attachments: Project Location Maps
Total $
Submitted by:
186,673.94
Director
N
LOCATION MAP
JAMBOREE ROAD OVER SAN DIEGO CREEK BRIDGE RETROFIT
CONTRACT NO. 3531
BaYV1EW WAY
O
X00
Sp'
PROJECT LOCATION
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D AOQ !9L /O9
BACK BAY J
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4
PROFESSIONAL SERVICES AGREEMENT WITH
AECOM TECHNICAL SERVICES, INC. FOR
NEWPORT BEACH BRIDGE SEISMIC RETROFIT PROJECT
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this day of , 2010, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and AECOM
TECHNICAL SERVICES, INC., a California Corporation whose address is 999 Town &
Country Road, Orange, California, 92868 ( "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 plans to perform seismic retrofits on three bridges: Goldenrod Pedestrian
Overcrossing, Jamboree Road over San Diego Creek (Northbound) and
Jamboree Road over San Diego Creek (Southbound).
C. City desires to engage Consultant to provide construction management services
for the Bridge Seismic Retrofit 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 Peter Lim.
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, 2011, 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 ('Work" or
"Services'). The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to- exceed basis in
accordance with the provisions of this, Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty -Six
Thousand, Six Hundred Seventy -Three Dollars and 94/100 ($186,673.94) without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded. in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated JIM HANNIGAN to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. TOM
SANDEFUR, or his designee, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or his
authorized representative shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession_ Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents,. or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
govemmental 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,
Professional Services Agreement Page 4
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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,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
Project, activities performed and planned, and any meetings that have been scheduled or
are desired.
Professional Services Agreement Page 5
i 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, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
:a- transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Professional Services Agreement Page 6
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Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
Professional Services Agreement Page 7
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or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
_ joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint - venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work
outlined in the Scope of Services. The subconsultants authorized by City to perform
Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
Professional Services Agreement Page 8
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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.
18. 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.
19. 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_
20. 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.
21. 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
Professional Services Agreement Page 9
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.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. 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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Consultant to City shall be addressed to City at:
Attn: Tom Sandefur
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3312
Fax: 949 - 644 -3318
Professional Services Agreement Page 10
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All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
i
Attention: Jim Hannigan
AECOM Technical Services, Inc.
999 Town & Country Road
Orange, CA 92868
Phone: 714 - 567 -2501
Fax: 714 - 567 -2594
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, 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.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
Professional Services Agreement Page 11
29. WAIVER
_ A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
32. 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-
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
Professional Services Agreement Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OFF THE CITY ATTORNEY:
By :/�
``` eonie Mulvihill( \
Assistant City Attorney
ATTEST:
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Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Keith D. Curry,
Mayor
CONSULTANT: AECOM TECHNICAL
SERVICES, INC.
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Peter Lim,
Senior Vice President
Eugene Grilli,
Vice President
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Professional Services Agreement Page 13
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/LCOM AECOM 714.567.2400 tel
999 Town 8 Country Road 774.285.0740 tax
O2nge, CA 92868
www.aec .com
Augustl3,2010
Tom Sandefur, PE
Associate Civil Engineer
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
RE: Proposal for Construction Management Services for Newport Beach Bridge Seismic Retrofit
Projects, Contract No. 3531
Dear Tom:
AECOM is a global provider of highest quality, efficient and cost effective construction management
services to a diverse group of clientele; both in the private and public sector. Particular to the latter
sector, our clientele encompasses Federal, State, County, and City agencies; Transportation
S Authorities such as OCTA, RCTC, SANBAG, ACTA to name a few; Flood Control Districts;
® Water /wastewater Authorities; and other Public Works entities.
AECOM's CM history includes similar construction projects and especially our extensive experience
working with Caltrans on freeway, highway and bridge projects gives our firm a unique perspective
into the entire work scope required to assist the City and Caltrans in successfully completing this
project's construction. Our experience as construction manager on similar projects includes Caltrans
S On =call Phase 2 Seismic Retrofit construction projects; the Fairview Road /1 -405 Interchange and the
Harbor Blvd Widening ($7.2 million) for City of Costa Mesa; the Linnel Lane overcrossing the 1 -215 ($3
million) and the Los Alamos /1 -215 Interchange Improvement ($11.3 million) for City of Murrieta; the I-
5/ Burbank Blvd Widening ($6 million) for City of Burbank; and the I- 710 /Firestone Blvd Widening
S ($10.7 million) for City of South Gate.
AECOM is proposing to the City as the Prime consultant for the services. As such, we will be the
singular entity responsible for all contractual, administrative, managerial and technical
requirements. To supplement our in -house staff, AECOM has formed a teaming relationship with
Safework, Sequoia Consultants, , and Coast Surveying, to provide safety oversight, material testing,
and surveying services respectively. Those firms are consistent team partners of AECOM on projects
of this nature. They are dependable, responsive and do quality work.
While all the above summarized experience is necessary to get the work performed efficiently and
cost effectively, at the end of the day it is the committed managers and staffing who will DELIVER.
No firm is any better than the leadership it provides. We are anxious to perform the required services
for the City and have no hesitation committing our A-Team to get the job done. Between myself
serving as the Project Director, Project Manager Jim Hannigan, and Resident Engineer Samson
Engeda, the City is getting three leaders who are among the very best (if not "the best ") in Southern
California. The remaining leadership we are committing in specialty areas is all seasoned veterans in
their respective specialty areas. Our proposed project organization and qualification of our
leadership will be highlighted in a subsequent section of our submittal.
m
As project Director, I am proud to present this team and staff to the City of Newport Beach- In my role
I will serve as the firm's primary representative and responsible for all duties from contract
negotiations through project completion. Project Manager Jim Hannigan will serve as the alternate
representative- Both of us are committed to do whatever it takes for the success of this project
Peter Lim / Principal -in- Charge
peter.lim @aecom.com / 949.293.6282 (cell)
'— =------------------- - -- - --
Jim Hannigan / Project Manager
Jim.hannigan@aecom.com / 858.205.7730 (cell)
999 Town & Country Road, Orange, CA 92868
We appreciate the opportunity to submit this proposal and look forward to continuing our working
relationship with the City.
Sincerely,
J
Peter Lim, PE
Project Director /Sr. Vice President
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1 ® AECOM 24
Technical Approach
AECOM is one of the nation's leading firms for transportation infrastructure design, program
management and construction management. Headquartered in Los Angeles, AECOM offers a project
team with extensive experience in public construction, particularly in bridge seismic retrofits,
working and coordinating with Caltrans.
AECOM's CM /CEI Division specializes exclusively in providing full- service construction management
in bridge seismic retrofit projects. AECOM has successfully completed construction management on
some of the largest and most complex projects along the West Coast. As a result, the AECOM team is
thoroughly familiar with the challenges of working within the State's highway system, Department of
Fish & Game, USACE, and SCWRB. With our unchallenged experience in this area, we understand the
importance of looking ahead to avoid potential problems associated with this work. And because we
pride ourselves on the fact that we are proven problem solvers, and not just "paper pushers ", we will
quickly mitigate unforeseen conditions when they are encountered - AECOM engineers and team
members will provide solutions.
We have provided construction management and engineering design services on numerous
0 assignments of very similar scope and nature to the Newport Beach Bridge Seismic Retrofit Projects
and will bring this experience to carry out this project to a successful completion. The AECOM Team's
mission is to deliver an exemplary project that all involved are proud to claim as their own.
Summary Project Approach and Schedule
The purpose of the project is to provide construction management services in support of the City's
seismic.retrofit program. The City is proposing seismic retrofits on three bridges, they are: Goldenrod
Pedestrian Overcrossing (POC), Jamboree Road over San Diego Creek (Northbound) and Jamboree
Road over San Diego Creek (Southbound). The Goldenrod POC retrofit includes strengthening the
bent caps with concrete bolsters, column casings, and strengthening the abutments with drill and
bond dowels in preparation of increasing the abutment stem walls. Jamboree Road has both
northbound and southbound structures to retrofit over the San Diego Creek. The northbound
structure consists of abutment shear wafts, infill walls between columns at the bents, and structure
approach slabs. The Southbound structure includes abutment back wall retrofit and reconstruction
of structure approach slab.
We understand that the environmental clearance, right -of -way certifications, and the final design
have been completed. The City of Newport Beach is anticipating for construction to begin in
November of 2010. The total project is estimated to be approximately $1.7 million and has various
funding sources including: California Prop 1 B funds and Federal HBRR funds.
With the California Transportation Commission as the responsible party to ensure allocation of Prop
1 B funds to the various agencies, one of the requirements is for the City to comply with a Baseline
Agreement which contains a proposed timeline of committed target dates that are required to be met
for the project. The schedule becomes very critical and shall be supported and adhered to in order to
not only obtain the funds for this project yet set the precedence for other future projects the City may
on the project list for Prop 1 B funds.
Choosing the right construction management partner is key. The City needs a team that understands
the organization and its goals, knows how to interface with Caltrans and regulatory agencies, can
effectively and efficiently manage a contractor to build the project within schedule and budget
constraints, is well- versed in traffic management far safe pedestrian and vehicular movement
through the construction site, and understands the sensitivities of businesses and residents and the
importance of quick response to address their concerns. AECOM is that partner.
Newport Beach Bridge Seismic Retrofit Projects
it
AECOM ZS
iroject Elements
,n reviewing the site, we have identified key issues facing the City and your construction manager in
delivering the Newport Beach Bridge Seismic Retrofit Projects: safety, construction staging, traffic
handling, and coordination.
Safety
Our rote starts with "Safety" and we begin with our pre- construction surveys. One of our prime
concerns are overhead power lines as well as underground duct banks located near live traffic, both
distribution and transmission lines. During construction activity, we must take precautions so that
this high voltage electricity does not are to a crane or inspectors working nearby.
Under the direction of AECOM Team safety officer, we will ensure that AECOM internal "Code of Safe
Practices" fully complies with any and all local, State, and Federal safety codes and regulations. In
addition the safety officer will ensure that all personnel adopt the "Code of Safe Practices" that is
published bi- weekly. The safety officer will also conduct weekly safety meeting and minutes of
meetings will be properly documented.
On a regular basis, the AECOM Safety Officer will inspect the job site to ensure that the "Code of Safe
Practices" is being followed and that the equipment is being operated in accordance the
manufacturer recommendations.
Traffic Handling and Pedestrian/Vehicular Access
The City has made commitments to local businesses and property owners to maintain access and a
level of parking during construction, it is important for your construction manager to be your proxy on
site to honor those commitments. The specifications need to clearly state that the Contractor is
responsible for 24/7 access for the business and have capability of pedestrian crossings and each at
' "3grade crossing location. One way to mitigate any inconvenience is for the Contractor to conduct night
`,�_Jwork in lieu of partially closing a particular driveway during the day— proper planning is essential.
Safe movement of vehicles and pedestrians through the job site, protection for workers, removing
unnecessary obstacles, providing clean passage for pedestrians are all key considerations. Handling
traffic during construction also means we make early coordination and close communication with
Caltrans District 12 personnel, and the City staff for any actions that could affect traffic conditions
within their right -of -way.
The construction manager has a responsibility to review the staging of the project plans and bring
attention to not only risks, but also any alternative staging of construction that will mitigate time on
the project which will serve as cost savings to the City as well as promote efficiency.
Coordination and Utility Relocations
The construction manager will be responsible for the day to day administration and coordination of
the project. The CM will act as the point of contact between Contractor, consultant surveyors,
consultant material testers, AGENCY, Designer, and other project participants. All the project
information related to the construction contract shalt flow through the construction manager to /from
the contractor and all other project participants.
Coordination
Proper coordination with the City, Caltrans, and various regulatory agencies is important to verify that
we meet their expectations. With weekly construction meetings along with special coordination
meetings, coordination efforts and reviewing the requirements prior to the work helps with ensuring
compliance to all regulatory permits on the project.
Newport Beach Bridge Seismic Retrofit Projects
.73
AECOM 26
Public Outreach
The construction manager shall work directly with the City's Public Outreach team with timely
0
notifications, and up to date progress on lane closures, traffic control, phasing /staging notifications o
for the media, residents and business owners within the vicinity of the project. °
N
O
AECOM's Project Approach
We have a team of highly experienced construction management and scheduling professionals
available to review the plans and special provisions for accuracy and completeness. Our team
members are very familiar with Caltrans standard plans and specifications and will ensure the
Contractor constructs the project in accordance with not only Caltrans standard plans and
specification but also the City of Newport Beach's standard plans and specifications.
Proactive vs. Reactive
As part of any construction management project, identifying and preparing for potential risks is an
important early action, hence bringing on board a construction manager in advance of construction is
an asset to the project and has the potential to save costs and time on the project. AECOM can serve
the Citywith a service prior to construction which is commonly referred to as the preconstruction
phase. During this phase, tasks include development of a Resident Engineer's Manual for the project
which serves as a Project Management & Execution Plan for CM services to the client. This manual
explicitly informs the client of document control, contract administration, and management of the
project from Preconstruction Phase, Construction Phase, and the Post Construction Phase of work.
The AECOM team shall perform a preliminary constructability review to reassure the City of Newport
Beach that all potential risks have been property identified prior to going out to construction. For
each risk identified, we assess probability and impact, define party best able to manage the risk, and
propose mitigation or elimination strategies.
In general, during the construction phase, the CM shalt have primary responsibility for:
• Construction completion on schedule, within budget, and in accordance with the contract
documents and sound safety practices.
• Proper documentation, negotiation and processing of ail changes and claims.
• Processing of progress payments in a timely manner.
• Performance of required field quality control surveillance and inspections.
• Third Party Coordination
The CM shalt ensure that all contract deliverables are property documented and promptly processed.
These construction /procurement contract deliverables include, but are not limited to:
• Shop drawings, working drawings, and vendor data
• QA /QC Procedures
•
As-buitt drawings
• Inspection and testing records
• Contractor Construction Baseline Schedule and updates
• RFI's and RFCs
• Payment requests
As the authorized representative of the AGENCY, the CM's detailed responsibilities include:
• Coordinate all construction /procurement activity, including interface with adjacent
contracts.
• Manage construction support activities.
• Document, verify and report contractual progress.
• Monitor Contractor progress against the approved schedule.
• Work with Contractor to develop and implement corrective actions to mitigate delays.
Newport Beach Bridge Seismic Retrofit Projects
® AECONI 27
• Review Contractor submittals for content and format.
• Process and track submittals to and from the reviewing entity.
• Manage the change control process, including processing valid contract change
notices /orders.
• Maintain contract deficiency lists.
• Implement claims mitigation and claims resolution actions.
• Provide surveillance of in- process work and acceptance testing.
• Monitor the Contractor's OC Program, where applicable.
• Monitor the Contractor's Safety Program.
• Monitor and report Contractor compliance with the federal, state and local government
requirements.
• Coordinate survey work performed by CM surveyors.
• Coordinate "Third Party" services and work affecting construction.
• Process and coordinate Requests for Information.(RFIs) from contractors.
• Monitor and verify delivery of equipment and material to job -site.
• Recommend expedited construction techniques.
• Monitor contract compliance with environmental and archaeological requirements.
• Monitor performance and startup tests.
• Enforce warranty provisions of contracts.
• Manage the contract closeout process.
Post Construction Phase consists of wrapping up any potential claim or claim issues, as built plans
and schedule, as long as prepare project closeout paperwork for the project in accordance with the
(LAPM Chapter 17) Caltrans Local Assistance Procedures Manual. Delivering all project records and
processing final payment to the Contractor and obtain Project acceptance and completion forms
~�om all parties involved.
rnmary of Scope of Services (Responsibility Matrix)
In the figure below, we demonstrate an example of a typical responsibility matrix we may generate for
a typical grade separation project. The scope of services is based on performing the following
construction phase services outlined in the Responsibility Matrix on the next page.
Schedule
We review the contractor's initial baseline schedule to verify that it is a reasonable, practical, and
comprehensive plan for accomplishing the work. We look to see whether or not the contractor has
provided the appropriate schedule interfaces with the other project activities, such as submittal
review, material deliveries, and agency reviews. To better inform the Contractor of the constraints to
the project, we conduct a preconstruction schedule meeting where we inform the contractor of
details pertaining to the schedule contents, formats, contractual requirements, and update
submissions.
We also review the contractor's monthly schedule updates, perform time impact analyses, review and
approve recovery and as -built schedules. We maintain an as -built schedule throughout the project.
We can typically rely on the as -built information provided by the contractor through its monthly
schedule updates to create the record of as -built construction.
Sometimes there are unknown or unforeseen impacts to the project which are generated by the
agency or third parties. When this arises, we generally try and foresee these issues in advance and /or
mitigate the delay as soon as possible. Taking a proactive approach and generating work a- rounds
and /or accelerating the project with certain "What -if" scenarios to the schedule. We generate a cost
nd time impact/savings to each scenario for the client as options to mitigate a delay.
® Newport Beach Bridge Seismic Retrofit Projects
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AECOM
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PERSONNEL RESPONSIBILITY MATRIX
a
Legend:
v
P- Primary Responsibility
v
3
S- Support Role
v
a
v
°'
m
R - Review
a
A - Approve
A
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C- Consult if Necessary
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Resident Engineer's Manual
C
R
Constructability Analysis
P
C
P
P
S
Initial Construction Schedule and Project Budget Analysis
P
P
Bid Documents (Review and Bid Tabulations)
S
P
Pre - Condition Survey (Photos / Documentation)
C
S
P
Contract Award (Bid Analysis, Insurance, Sureties etc.)
S
P
Pre - Construction Meetings
S
S
P
5
S
S
Progress Management & Administration
C
P
5
Progress Schedule
C
P
5
Construction Coordination
S
P
S
Changes /Claims
P
5
S
Monitor, Review, Approve (SWPPP A D) Compliance
P
S
Construction Safety
C
P
S
S-
Utility Coordination
P
S
Coordinate Flagpersons and Watchpersons
P
S
Quality Control Inspection and IDR
R
P
Materials Testing and Support Services
S
S
P
Environmental Services
R
5
Progress Payments
P
S
5
Submittals and RFI's (Requests for Information)
R
S
Conferences /Meetings
P
S
Reports and Records
R
S
Review of Traffic Plans (Detours and Lane Closures)
R
S
Survey Support (QC) Services
S
S
S
Public Affairs
P
Document Control
R
S
Contractor Insurance
P
Labor Compliance and DBE Monitoring
P
As -Built Drawings
R
S
Other Services as Required S
P
5
Contract Closeout S
I P 5
S
5
S
S
Newport Beach Bridge Seismic Retrofit Projects
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Local Assistance Procedures Manual Exhibit 10 -H
i
Construction Management (CM) Services for Newport Beach Seismic Retorfit Project
C
i
CONTRACT NO. 358 -ST
DIRECT LABOR (SPECIFY)
Range
$6500
$85.00
8
$55.00
Consultant: AECOM
$ 57.5E
$45.00
$60.00
7
$35.00
845.00
$ 46.35
$45.00
$50.00
$55.00
Classification
Name
Project Manager
Jim Hannigan, PE
Raidem Engineer/Str u-m Rep.
Samson Engcda, PE E
Structures Inspector
Sr.. Vander Mey, PE
Labor Compiance_
Shari Gaffney
i
Pmjecr Convols/Scheduler
Riccardo FajN.
Conswetabilky Review
Gereld Schubert, PE
Subtotal Direct Labor
DIRECT LABOR (SPECIFY)
Range
$6500
$85.00
8
$55.00
865.00
$ 57.5E
$45.00
$60.00
7
$35.00
845.00
$ 46.35
$45.00
$50.00
$55.00
$6500
Anticiapted Salary Raise None.
Indirect Rate (Fringe Benefits + Overhead + General and
Hate
Fee (Profit)
s
- Other Direct Costs
i�
7
i
9
l
1
1
Date: August 14, 2010
Hours
Hourly Rate Year
Ending 2010
8
$ 80.0(
1160
$ 57.5E
0
% 54.47
7
8 39.33
28
$ 46.35
0
$ 58.48
$ 68,982.71
$ 0.80
121.6% $ 84,020.94
8% $ 12,240.29
Travel Costs (Form 60-2) $ 0
Equipment and Supplies (Form 60-2) $ 9,430.00
All Other Direct Costs (See Form 60-2)1$ 9.430.00
Totaf SubContractor Costs $ 12,000.00
Subcontractor Adminstration $
Local Assistance Procedures Manual Exhibit 10 -H Other
Other Direct Cost
Construction Management (CM) Services for Newport Beach Seismic Retorfit Project
CONTRACT NO. 358 -ST Date: August 14, 2010
Consultant: AECOM
OTHER DIRECT COSTS SCHEDULE
1. All ODC other than Vehicle Usage and Monthly Cellular Charges will be billed Actual Costs with Outside Vendors Invoice
2. Vehicle Usage Cost includes all insuracne, maintenance and operating costs. Vehicle Usage Rate will be fixed for the duration of
the contract with no increase for allowance for increase gas prices, insurance, maintenance and operation costs.
3. Mileage Rate show above is for estimate only. Mileage Rate will be reimbursed in accordance with IRS Standard Mileage Rates.
?11 other Travel and Subsistence will be reimbursed in accordance with DPA guidelines for non - exempt State employees
,24
CITY OF Newport Beach
Construction Management Services: Newport Beach Seismic Retrofit Project
Labor Person -Hours Calculation
CLASSIFICATION
FIRM
4
Post Construction
Pre-Construction Phase CONSTRUCTION PHASE Post Construction
2010 201,1 2011 Total Hours
Total Hours
Aug Oct Nov Dec Jan Feb Mar Apr May
Sept r
Apr
1
0
2
0
3 4
0 1
8
1
6
1
7
1
8
1
9
9 10
1 2
I
Project Manager
AI�COM
Resident Engineer /Structure Rep,
Ar�.Com
8
r40
80 166
168
166
168
168
168 24 1160
Structures Inspector
AT�COM
0
0
0 0
0
1
0
1
0
1
0
1
0 0 0
1 1 7
Labor Complance
AlICOM
0
0
0 1
Project Controls/Scheduler
Ar.COM
0
0
12 2
1 2
1 2
2
2
2 4 28
Constmetability Review
ATICOM
16
4
0 0
0
0
0
0
0 0
Materials Inspection
squ'l'
0
0
0 8
8
8
8 0
ISurveyor (AsINeeded)
0
0
0 0
0
0
0 0
TOTAL PERSONNEL HOURS
24
44
22 ISO
180
160
180 31
180