HomeMy WebLinkAboutC-4693 - PSA for FY 2010-2011 Streetlight Improvement ProjectPROFESSIONAL SERVICES AGREEMENT WITH
JMDIAZ, INC. FOR
FY 2010 -2011 STREET LIGHT IMPROVEMENT 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 JMDIAZ,
INC., a California corporation ( "Consultant'), whose address is 18645 East Gale
Avenue, Suite 212, City of Industry, CA 91748 and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to improve four streetlight circuits at various locations throughout
the City.
C. City desires to engage Consultant to prepare construction documents for the
Streetlight Improvement Project ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Steve
oltigaki7 '1*hao,."
12I'7I f0
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 December 31, 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 Sixty -Five Thousand,
Eight Hundred Forty Dollars and no /100 ($65,840.00) without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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 Steve Itagaki 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. Iris Lee or her
designee, shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or her authorized representative shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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.
E : �11 [ _ 101111-11 ON DZ 410 47_1 IN A
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers
and employees (collectively, the "Indemnified Parties) from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
Professional Services Agreement Page 4
(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 anytime.
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
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements.
i. 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:
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
Professional Services Agreement Page 7
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant shall
not subcontract any portion of the Work to be performed under this Agreement without the
prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Professional Services Agreement Page 8
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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
20. 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.
21. 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.
22. 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
Professional Services Agreement Page 9
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
23. 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. 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.
26. 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: Peter Tauscher
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3316
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: Steve Itagaki
JMDiaz, Inc.
18645 East Gale Avenue, Suite 212
City of Industry, CA 91748
Phone: 626 -820 -1137
Fax: 626- 820 -1136
27. 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.).
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
Professional Services Agreement Page 11
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
Ki.-izky /4:L1 ll1111111 V1
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
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
B)-wvv L(I(Aw
Leonie Mulvihill
Assistant City Attorney I\Q-5
ATTEST:
By
Lel
Cit
CITY OF NEWPORT BEACH,
A California municipal corporation
By:
Keith D. Curry, Mayor
CONSULTANT: JMDIAZ, INC., a
California corporation
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Professional Services Agreement Page 13
EXHIBIT A
cFp W��pc
4x City of Newport Beach
FY 10 -11 Streetlight Improvement Project
Excel, respectively. The electronic files of the bid
items and construction cost estimates will be included
in the aforementioned CD.
JMD will utilize existing information available from the
City to begin any design work. This information will be
augmented and updated, where required. Because
they are typically on a project schedule's critical path
and may require substantial lead time, the following
tasks will begin immediately upon receipt of Notice to
Proceed:
• Research and Data Collection
• Utility Identification and Coordination
• Identification of Design Requirements
JMD will coordinate with the City of Newport Beach
staff responsible for review of design elements of the
76 %. 90 %, 100% and Final Approval plans as we are
working on them. Draft copies of this work will be
submitted for significant work items before the
milestone submittal date with follow -up meeting to
solicit input. This early coordination gives us a clear
understanding of what the reviewers expect while
giving the reviewers a preview of what will be
submitted before the actual submittal is made.
Design of street lighting improvements on existing
facilities in typically highly urban settings, including
areas within the project limits, present some unique
issues and requires experienced design techniques.
Based on our past experience, we understand the
complexity of replacing and refurbishing existing
street lighting facilities while maintaining basic
services and minimizing impacts to adjacent
properties, landscaping and sidewalk areas.
We believe that the success of any project will
depend up adequately addressing the project's key
issues during the project development process and
preparation of the preliminary and final plans and
estimates package. Once the preliminary phase work
tasks have been completed, reviewed and approved
by the City, JMD will incorporate comments and begin
work on the final design phase, which includes the
preparation of final plans, specifications and
estimates.
Scope of Work
Our proposed work plan has been specified as
follows:
Phase I — Preliminary Design
Task 1 -1— Project Administration, Meetings and
Coordination
The JMD Team will meet with City staff and confirm
the project scope, establish key communication
personnel, refine time schedules and finalize design
criteria. After review of the process to be followed,
agreement on the design concept and schedule will
be reached. This will avoid confusion and delays later
in the project development process and facilitate
timely review and approval of submittals.
A total of five (5) meetings between the City and JMD
will be held to keep all parties informed, resolve
issues and successfully complete the project.
We anticipate no portions of the project are located
within State right -of -way nor will require any special
permitting.
Task 1 -2 — Research/Data CollectionfUtility
Coordination
JMD will obtain documentation and electronic files
available from the City pertaining to this project, We
will assemble, sort and review existing available
information on the project area, including "as- built"
plans, maps, studies, existing right -of -way and utility
information in order to become familiar with the
project, ascertain the completeness and accuracy of
available information and determine additional
information requirements. Base plans will be prepared
from the information obtained from the City.
Field reviews will be performed with City staff to verify
that existing information is correct or to identify
existing facilities unavailable during research. This
task involves identifying surface topographic features
and utilities to be included into the plans which may
be necessary for the street lighting design. This task
also includes reviewing design issues and identifying
topographic constraints which may impact the
proposed design.
Due to the straightforward nature of the project, field
review(s) for the project could consist of the following:
.: JMD ivA
ok-, ri City of N ewport Beach
FY 10 -11 Streetlight Improvement Project
The project site will be field inventoried to determine
existing and proposed locations of street lighting
equipment, right -of -way, sidewalk and miscellaneous
topographic features.
Any recommended additions or deletions to the
project will be developed at this time. A
recommendation will be made regarding
improvements necessary to achieve the City's
objectives.
JMD will provide field base mapping and utility
clarifications during field reviews.
JMD will coordinate with City staff to identify existing
underground and overhead utility lines that may
interfere with the location of street lighting equipment.
For electrical services, JMD will assist City staff in
coordinating with Southern California Edison
Company for the new service cabinet(s) within the
project limits. JMD will provide utility notices and
coordination of plan review, approval, and
adjustment, if any, with utility agencies.
Conducting detailed field surveys as well as preparing
base mapping and right of way engineering is not
included in this proposal. JMD will utilize available
mapping and other electronic data of existing features
provided by the City.
Phase II - Desian
Task II -1- 75% Preliminary Plans
After review and approval of the detailed
recommendations, JMD will prepare preliminary
construction plans for the proposed street lighting
improvements. In addition, plans will comply with the
regulations and standards of the City. The following
outlines the specific details of the design plans:
Title Shot
JMD will prepare a title sheet containing a vicinity
map, general notes, construction legend, list of
affected utilities, a drawing list and other details
covering the project limits.
Street Lighting Plans/Details
JMD will prepare detailed street lighting plans in
AutoCAD 2007 file format at a scale of V =40' using
the City- provided title block. These plans will identify
existing and proposed street lighting features as well
as pertinent details.
Deliverables
The following are the estimated plan sheets and
quantities proposed for the project:
We understand all blueprinting, photocopying and
other related services will be coordinated through
Mouse Graphics, which is the City's contracted
reproduction company.
Task II -2 - Construction Bid Items, Specifications
and Cost Estimate
JMD will prepare a list of construction bid items,
specifications and construction cost estimates for the
project elements, which will include a proposed item
list, estimated quantities, and current unit cost
resulting in line -item cost estimates. At the first plan
check, a preliminary cost estimate will be developed
for comparison with previous project budget
estimates. Back -up of cost estimate calculations
showing quantities and unit costs per sheet will be
provided to the City for review with each submittal,
During final design, JMD will prepare a final estimate
to validate construction bids by contractors during the
bidding process.
JMD will submit preliminary plans, specifications, and
construction cost estimates (PS &E) for the 75 %, 90 %,
and 100% milestones to the City for review.
Task 113 - Voltage Drop Calculations
To ensure the correct conductor sizing, JMD will
prepare voltage drop calculations for the
improvements. The calculations will be prepared in an
Excel spreadsheet format.
Based on the National Electrical Code (NEC), the
maximum recommended voltage drop for a
combination of both branch circuit and feeder circuit
should not exceed 5 %. This methodology has been
successfully utilized in previous projects with the City
of Newport Beach and will continue with this project
unless the City determines a different value.
Task II -4 - Energy - Efficient Alternatives
JMD will assist the City by providing research and
product identification for LED luminaires. A total of
two (2) recommendations for alternative LED energy-
:: J D v -e
Title Sheet
1
Street Li htin Plans
16
Street Li htin Details
1
Total
18
We understand all blueprinting, photocopying and
other related services will be coordinated through
Mouse Graphics, which is the City's contracted
reproduction company.
Task II -2 - Construction Bid Items, Specifications
and Cost Estimate
JMD will prepare a list of construction bid items,
specifications and construction cost estimates for the
project elements, which will include a proposed item
list, estimated quantities, and current unit cost
resulting in line -item cost estimates. At the first plan
check, a preliminary cost estimate will be developed
for comparison with previous project budget
estimates. Back -up of cost estimate calculations
showing quantities and unit costs per sheet will be
provided to the City for review with each submittal,
During final design, JMD will prepare a final estimate
to validate construction bids by contractors during the
bidding process.
JMD will submit preliminary plans, specifications, and
construction cost estimates (PS &E) for the 75 %, 90 %,
and 100% milestones to the City for review.
Task 113 - Voltage Drop Calculations
To ensure the correct conductor sizing, JMD will
prepare voltage drop calculations for the
improvements. The calculations will be prepared in an
Excel spreadsheet format.
Based on the National Electrical Code (NEC), the
maximum recommended voltage drop for a
combination of both branch circuit and feeder circuit
should not exceed 5 %. This methodology has been
successfully utilized in previous projects with the City
of Newport Beach and will continue with this project
unless the City determines a different value.
Task II -4 - Energy - Efficient Alternatives
JMD will assist the City by providing research and
product identification for LED luminaires. A total of
two (2) recommendations for alternative LED energy-
:: J D v -e
00-A City of Newport Beach
FY 10 -11 Streetlight Improvement Project
efficient solutions will be provided. The alternatives
will also include cost estimates for City consideration.
We understand the City is currently undergoing an
update to the Standard Plans and Specifications
which include energy - efficient luminaires. We will
work with City staff to determine the use of these
luminaires or to procure alternatives.
Task II -5 - Structural Calculations on Non -
Standard Foundations (Total of 4)
JMD will provide a total of four (4) structural
calculations for non - standard streetlight foundations.
For this effort, we have procured CHO Design
Associates, Inc. to provide the calculations. JMD
assumes the load requirements will be provided by
the City.
Task II.6 - Photometric Calculations for Each
Location (Total of 4)
JMD will prepare a total of four (4) photometric
calculations for existing and proposed lighting
conditions. The calculations will be prepared for each
of the four circuit conversions.
Phase If - 90% Design
Task III -1- AddressMcorporate Comments and
Prepare 90% Submittal
JMD will address and incorporate the 75% review
comments provided by the City departments for the
project. JMD will then prepare and submit the 90%
level package.
Phase IV -100% Design
Task IV -1- AddressMcorporate Comments and
Prepare 100% Submittal
JMD will address and incorporate the 90% review
comments provided by the City departments for the
project. JMD will then prepare and submit the 100%
level package.
Phase V - Final Approval Design
Task V -1- Address /Incorporate Comments and
Prepare Final Approval Submittal
JMD will address and incorporate the 100% review
comments provided by the City departments for the
project. JMD will then prepare and submit the Final
Approval level package.
JMD will submit sealed original ink on mylar plan
sheets and digital engineering plans and drawings on
compact disk (CD) in AutoCAD format; sealed original
hard copy and CD in MS Word format of the bid
items, cost estimates, calculations and notes
generated by the project.
The following are the proposed deliverables:
• One (1) set of original signed and sealed title
sheet on 24 "x36" mylar medium, construction bid
items, specifications and cost estimates.
One (1) set of original street lighting plans and
detail sheets on 24 "x36" bond medium to be
submitted to the City through the City's
reproduction company.
• Digital files of project plans in AutoCAD 2007 or
later format on CD medium.
Phase VI - Construction Engineering Assistance
Upon the City's request, JMD will assist the City with
the following:
• Attend pre -bid and pre- construction meetings (2
meetings);
• Review shop drawings and other submittals;
• Monitor construction progress, advising the City
with respect to the contractor's general
conformance to drawings and specifications,
visiting the site, and making field
recommendations (1 meeting);
• Revising the drawings and/or special provisions;
• Preparing Addenda to the specifications;
• Preparing "as- built' drawings.
.: JMD IV-6
EXHIBIT B
+I"] It1W�
Cost Summaryb
FY 10-11 Streetlight Improvement Project
City of Newport Beach
Submitted by: JMD
October2l, 2010
PRINCIPAL
MANAGER ENGINEER
SR
I DESIG..
I CL
nE'R"`1L
TOTAL
TASK DESCRIPTION 1 $180
PHASE I - PRELIMINARY DESIGN
I-i Project Administration /Meetings/Coordinabon'
1
$130
16
$90 1
$65 1
S455cm-IL
12
LABOR
HOURS
29
DIRECT
COSTS'
5300
TOTAL
COSTS REMARKS
$3,100 ' Deliveries/Mileage/Reproduction
I.2 Research /Data CollectionNtility CooNination
PHASE 11 .75% DESIGN
1
24
40
32
97
$300
$6,fi30 ' Deliveries/Mileage/Reproduction
II -1
Title Sheet, Plans, Detail Sheet (18 sheets)
1
4
90
160
8
283
$300
$21,160
' Delivenes/Mileage/Repmtluction
II -2
Construction Bid items, Specifications and Cost Estimate
1
2
24
8
35
$200
$3,160
' Deliveries/Mileage/Repmduction
113
Voltage Drop Calculations`
1
12
4
17
$100
$1,490
' Delivenes/Mileage /Reproduction
114
Energy - Efficient Alternatives°
1
16
2
19
$100
$1,760
'Deliveries /Mileage/Reproducton
11 -5
Structural Calculations on Nonstandard Foundations (Total of 4)
1
6
7
$1,500
$2,460
- CHO Design Associates, Inc.
IIE
PHASE III
Photometric Calculations for Each Location (Total of 4)
- 90% DESIGN
1
24
4
29
$200
52,670
' Dehvenes/Mileageffl -- suction
111 -1
PHASE IV-
Address/Incorporate Comments and Prepare 90% Design
1100% DESIGN
1
1 31
401
1
81
1321----Uffl
$9,930
' DNiveries/Mileage/Reproduction
IV -7
Address/Incorporate Comments and Prepare 100% Design
I
I 1
1
401
111
71
$200
55,400
' DeliveriestMileage/Reproduction
PHASE
V - FINAL APPROVAL DESIGN
V -1
PHASE
Address/Incorporate Comments and Prepare Final Approval of Plans
VI - CONSTRUCTION ENGINEERING ASSISTANCE
1
11
11
101
201
81
40
$2001
3,070
' Delivenes(Mileage/ReproduMon
VI -1
Bidding and Preconstruction Assistance
1
4
2
7
$200
$780
- Deliveries /Mileage /Reproduction
VI -2
Shop Drawing /Submittals Assistance
1
4
2
7
$580
VI-3
Construction Assistance
1
4
2
7
$200
$700
'Deliveries /Mileage/Reproduction
VI-4
Plans and Specifications Revisions/Addenda
0.5
1
4
8
2
15.5
$200
$1,390
' Delivenes/Mileage/Reproduction
VI -5
As -Built Plans
0.5
1
4
8
4
17.5
$200
$1,480
'Deliveries /Mileage /Reproduction
TOTAL ESTIMATED
LABOR HOURS
8
43
280
376
106
813
TOTAL ESTIMATED DESIGN COST
$65,840
Notes:
a Assumes five (5) meetings for the entire project.
D Rates are subject to a 5% annual increase on January 1.
c Voltage drop calculations will be performed for the new lighting circuits.
d A total of 2 alternatives wi11 be provided.
lka.� CERTIFICATE OF LIABILITY INSURANCE 1212/2010
Paoouc' Edgewood Partners Insurance Center (EPIC) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
19000 MacArthur Blvd. PH Floor ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Irvine, CA 92612 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OF
- - - -- - - - -- -- - --- o »o cuG -veuD nwvncica ArrUKIJINU COVERAGE NAIC #
INSURED JM Diaz, Inc. I INSURER A: Hartford Casuall Insurance Com an _
DBA: JMD INSURER 6: Travelers Casualty and Surety Co of America _ _
18645 East Gale Ave Ste 212 I INSURER C: Hartford Insurance Co. of the Midwest
City of Industry CA 91748
RrTVERAr=Q
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'
QE INUIELANGE
POLICY NUMBER
POLICY EFFECTNE
&M (MI1119112
511012010
POLICY [EXPIRATION
DATE IMWQQ8Mk
LIMITS
A
✓
GENERAL LIABILITY
,/'COMMERCIAL GENERAL LIABILIT
CLAIMS MADE UOCCUR
(72SBAUW7362
5/10/2011
EACH OCCURRENCE
A yYOTENT D
PREMIS:B Es occurrence
S 1,000000
$ 300,000
s
MEDEXP(Anyono arson)
$ 10,000
PERSONAL S ADV INJURY
5 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
GENERALAGGREGATE
E 2,000,000
PRODUCTS-COMP /OP AGO
$ 1,000,000
✓ POLICY PRO _ LOC
A
AUTOMOBILE
LIABILITY
72SBAUW7362
$/10/2010
5/10/2011
ANY AUTO
ALL OWNED AUTOS
COMBINED SINGLE LIMIT
(Eaaccident
$ 1,000,000
BODILY INJURY
(Per Parson)
E
SCHEDULEDAUTOS
HIRED AUTOS
NON-OWNED
WNED AUTOS
INJURY
(Per accidann
S
PROPERTY DAMAGE
(Perecddenn
$
1
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
E
OTHER THAN EAACC 1
AUTO ONLY: AGO 1
EACH OCCURRENCE
$
A
EXCESS I UMBRELLA LIABILITY
I ✓ OCCUR .CLAIMS MADE
72SBAUW7362
5110/2010
$/10/2011
.AGGREGATE
$
$ 2,000000
$ 2,000,000
$
DEDUCTIBLE
_
E
RETENTION $10000
t/ WC SrATU. OTH.
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOWPARTNEWEXECUTIVE
OFFICERIMEMBER EXCLUDED? ❑
(Maodatory in NH)
72WIECNZ9110
6/27/2010
6/27/2011
E.L. EACH ACCIDENT
--
$ 1 DOD DBD
E.L. DISEASE -EA EMPLOYE
$ 1000000
R yes, tlascnbe under
SPECIAL PROVISIONS below
OTHER
E.L.DISEASE- POLICYLIMIT
$ 1000,000
B
Professional Liability
105263164
4/8/2010
4/812011
$2,000,000 per Claim
$2,000,000 Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROWSIONS
City of Newport Beach, its elected or appointed officers, agents, Officials, employees and volunteers are additional insured for general liability per
form SS0008(04/05). Workers Compensation Waiver of Subrogation applies per Form WC 99 03 03 B (Attached). RE: FY 2010 -2011 Street Light Improvement
Certificate holder is additional insured for general liability per page form SS0008(04/05) attached and coverage
is primary and non- contributory but only if required by written contract with the named insured prior to an occurrence.
Subject to all policy terms and conditions.
CERTIFICATE HOLDER
RE: FY 2010 -2011 Street Light Improvement
City of Newport Beach
Public Works Department
Attn: Peter Tauscher
PC Box 1768
3300 Newport Boulevard
Newport Beach CA 92658
ACORD 25 12111 1011
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL WtiMX>0xx, MAIL 30P DAYS WRITTEN
NOTIC E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, flp0(= 0,ixDOX;M)s1XDLX
NABQSRSlldb) 1i7160QTD8( WK( N> �f( dfX9HON1P77gXC(B(NXOREAI�(9(i(tt
X0fiQlE?SW%b0X(L4( '10 Days for Non- Paymont of Premlom.
AUTHORIZED REPRESENTATIVE ,1
Ivan Eskenazie
.. IUGG -<uue AL VKLI tAJRPORATION. All rights reserved.
CERT A9.: 8999930 Dpetiova ±edgevoodina. com P2 /. /'.010 2:iG:09 PM page y of 6
Form SS 00 08 04 05
CUT NO.: 9e9992a Opecrovahedgewo ine.com 13/2/2010 2:36:09 PM Page 2 of
72SBAU W 7362 12/2/2010
BUEWS LIABILITY COVERAGE FORM
b. coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
Wit respect to "mobile equipment" registered in
your name under any motor vehicte registration
law, any person is an insured while driving such
equipment along a public highway with your
Permission. Any other person or organization
responsible for the conduct of such person is
also an insured, bud only with rasped to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co- "employee" of the
Person driving the equipment; or
b. "Property damage" to property owned by,
rented to, In the charge of or occupied by
you or the employer of any person who is
an Insured under this provision.
S. Operator of Nonowned watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry Persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
Person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co- "employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
You or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Page 111 of 24
JM Diaz, Inc. DBA: JMD
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
Purpose by you, any of your
"employees ", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
o
"volunteer worker'), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
o
Any person or organization having proper
o
temporary custody of your property if you
o
die, but only:
N
'"
111 Wtfh respect to liability arising out of to
maintenance or use of that property; and
o(2)
Until your legal representative has
o
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
:rte
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
Yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of to voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
OCR
as a named Insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon to exhaustion of its
EW
EW
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
Policy period, whichever is earlier; and
Form SS 00 08 04 05
CUT NO.: 9e9992a Opecrovahedgewo ine.com 13/2/2010 2:36:09 PM Page 2 of
72SBAU W 7362 12/2/2010
BUEWS LIABILITY COVERAGE FORM
b. coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
Wit respect to "mobile equipment" registered in
your name under any motor vehicte registration
law, any person is an insured while driving such
equipment along a public highway with your
Permission. Any other person or organization
responsible for the conduct of such person is
also an insured, bud only with rasped to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co- "employee" of the
Person driving the equipment; or
b. "Property damage" to property owned by,
rented to, In the charge of or occupied by
you or the employer of any person who is
an Insured under this provision.
S. Operator of Nonowned watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry Persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
Person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co- "employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
You or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Page 111 of 24
BUSINESS LIABILITY COVEW FORA
to
contract, written agreement or because of a
(e) Any failure to make such
permit issued by a state or political
inspections, adjustments, tests or
subdivision, that such person or organization
servicing as the vendor has
be added as an additional insured on your
agreed to make or normally
policy, provided the injury or damage occurs
undertakes to make in the usual
subsequent to the execution of the contract or
course of business, in connection
agreement, or the issuance of the permit.
with the distribution or sale of the
A person or organization is an additional
products;
insured under this provision only for that
(f) Demonstration, installation,
period of time required by the contract,
servicing or repair operations,
agreement or permit,
except such operations performed
However, no such person or organization is an
at the vendor's premises in
additional insured under this provision if such
connection with the sale of the
person or organization is included as an
product;
additional insured by an endorsement issued
(9) Products which, after distribution
by us and made a part of this Coverage Part,
or sale by you, have been labeled
including all persons or organizations added
or relabeled or used as a
as additional insureds under the specific
container, part or ingredient of any
additional insured coverage grants in Section
other thing or substance by or for
F. — Optional Additional insured Coverages.
the vendor; or
a. Vendors
(h) "Bodily injury" or "property
Any person(s) or organization(s) (referred to
damage" arising out of the sole
below as vendor), but only with respect to
negligence of the vendor for its
"bodily injury' or "property damage" arising
own acts or omissions or those of
out of "your products" which are distributed
its employees or anyone else
or sold in the regular course of the vendor's
acting on its behalf. However, this
business and only if this Coverage Part
exclusion does not apply to:
provides coverage for "bodily injury" or
(I) The exceptions contained in
"property damage" included within the
Subparagraphs (d) or (f); or
"products- completed operations hazard ".
(ii) Such inspections, adjustments,
(1) The Insurance afforded to the vendor
tests or servicing as the vendor
is subject to the following additional
has agreed to make or normally
exclusions:
undertakes to make in the usual
This insurance does not apply lo:
course of business, in
connection with the distribution
(a) "Bodily injury" or "property
or sale of the products.
damage" for which the vendor is
(2) This insurance does not apply to any
obligated to pay damages by
insured person or organization from
reason of the assumption of
whom you have acquired such products,
liability in a contract or agreement,
or any ingredient, part or container,
This exclusion does not apply to
entering into, accompanying or
liability for damages that the
containing such products.
vendor would have in the absence
of the contract or agreement;
b. Lessors Of Equipment
(b) Any express warranty
(1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
(c) Any physical or chemical change
with respect to their liability for "bodily
"property
in the product made intentionally
injury",
damage" or "personal
by the vendor,
and advertising injury"
caused, in whole or in part, by your
(d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of
equipment leased to you by such
inspection, demonstration, testing,
person or organization,
or the substitution of pads under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 Ob
CCP.T NO.: 8819728 Opaczovaaedgevoodins.com 12/2/2030 2:36:09 PM eaye 3 of 6
BUSS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded
to these additional insureds, this
e. Permits Issued By State Or Political
Subdivisions
insurance does not apply to any
"occurrence" which takes place after
(1) Any state or political subdivision, but
You cease to lease that equipment.
only with respect to operations
c. Lessors Of Land Or Premises
Performed by you or on your behalf for
(1) Any person or organization from
which the state or political subdivision
has issued a permit.
whom you lease land or premises, but
only with respect to liability
(2) With respect to the insurance afforded
arising out
of the ownership, maintenance or use
to these additional insureds, this
of that part of the land or premises
insurance does not apply to:
leased to you.
(a) "Bodily injury", "property damage"
(2) With respect to the insurance afforded
or "Personal and advertising
to these additional insureds, this
injury" arising out of operations
insurance does not apply to:
performed for the state or
o
o
(a) Any "occurrence" which takes
municipality; or
(b) Bodily injury" "properly
place after you cease to lease that
or damage"
o
N
land or he a tenant in that
included within the "products_
N
premises; or
completed operations hazard ".
ro
(b) Structural alterations, new,
f. Any Other Party
N
construction or demolition
(1) An Y other person or organization who
0
operations performed by or on
is not an insured under Paragraphs a.
�+
N
behalf of such person or
through e. above, but only with
*
organization.
respect to liability for "bodil y injury„
"property
d. Architects, Engineers Or Surveyors
damage" or "personal and
(1) Any architect, engineer, or surveyor, but
ndvartising injury caused, in whole or
on with respect m Y
IY pest to liability for "bodily
"property
p y Your acts or omissions or
the acts or omissions of those
injury", damage" or "personal
acting
on your behalf.
and advertising injury" caused, in whole
(a) In
or in part, by your acts or omissions or
Performance of your
�
the ads or omissions of Nose acting on
Ongoing
g operations;
your behalf.
(b) In connection with your premises
�51
(a) In connection with your premises;
owned by or rented to you; or
or
(c) In connection with "your worts" and
(b) In the performance of your
included within the "products-
ongoing operations performed by
completed operations hazard ", but
you or on your behalf.
only if
(2) Nth respell to the insurance afforded
(I) The written contract or written
to these additional insureds, the
agreement requires you to
_
following additional exclusion applies:
Provide such coverage to
This insurance does not apply to
such additional insured; and
"bodily injury ". "property damage" or
(iil This Coverage Part provides
"personal and advertising injury"
coverage for "bodily injury" or
"Properly
arising out of the rendering of or the
damage" included
®
failure to render an y professional
within the "products-
services by or for you, including:
completed operations hazard ".
(a) The preparing, approving, or
(2) With respect to the insurance afforded
failure to Prepare or approve,
to these additional insureds, this
maps, shop drawings, opinions,
insurance does not apply to:
reports, surveys, field orders,
"Bodily injury", "property damage" or
change orders, designs or
"personal and advertising injury"
drawings and specifications; or
arising out of the rendering of, or the
(b) Supervisory, inspection,
failure to render, any professional
architectural or engineering
architectural, engineering or surveying
activities.
services, including:
Form SS 00 08 04 05
CCRS NO.: a099028
Ope[cov— �d9ewoodine.com 12/2/2010 2:36:09 PM pege 0 of 6
Page 13 of 24
JM Diaz, Inc.
DBA: JMD 72SBAUW7362 12/2/2010
BUSINESS LL461LITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional Insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the Insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
Provide any liability, uninsured motorists,
underinsured motorists, no -fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a -suit' asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terns have been fully compiled
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of Insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimenfs legal representative.
S. Separatlon Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
In this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit° Is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have Issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the Inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
Pa e16of24
°Pf)F Cr�EN -wrtfFpdfFeetri^Prdtriatversroon ww.Pdffactory com
If other valid and collectible Insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This Insurance Is primary except when b.
below applies. If other insurance is also
Primary. we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builders Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That Is fire, lightning or explosion
Insurance for premises rented to you
or temporarily occupied by you with
permission of the owner,
(3) Tenant Liability
That Is Insurance purchased by you to
cover your liability as a tenant for
°property damage' to premises rented
to you or temporarily occupied by you
with permission of the owner,
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, 'autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of °property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion IL of Section A. —
Coverages.
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(8) When You Are Added As An
Additional Insured To
When this Insurance Is excess over other
Other
Insurance
Insurance, we will pay only our share of
That is other insurance available to
the amount of the loss, if any, that
exceeds the sum of:
you covering liability for damages
arising out of the
(1) The total amount that all such other
premises or
operations, or products and completed
Insurance would pay for the loss in the
operations, for which you have been
absence of this insurance; and
added as an additional insured by that
(2) The total of all deductible and self -
insurance; or
Insured amounts under all that other
(7) When You Add Others As
insurance.
Additional Insured To This
is
we will share the remaining loss, If an
n9 y, with
Insurance
any other insurance that is not described in
That is other insurance available to an
this Excess Insurance provision and was not
additional Insured.
bought specifically to apply in excess of the
However, the following provisions
Limits of Insurance shown in the
Declarations of this Coverage Part
apply to other insurance available to
C. Method Of Sharing
any person or organization who is an
additional insured under this Coverage
If all the other insurance permits
Part;
contribution by equal shares, we will follow
(a) Primary Insurance When
this method also. Under this approach,
Required By Contract
each insurer contributes equal amounts
This insurance is primary 'rf you
until it has paid its applicable limit of
insurance or none of the loss remains,
have agreed in a written contract,
whichever comes first.
written agreement or permit that
if any of the other Insurance does not permit
this insurance be primary. If other
Insurance Is also primary, we will
contribution by equal shares, we war
share with all that other insurance
contribute by limits. Under this method, each
Insurer's sure is based on the ratio of Its
by the method described in c.
below.
applicable limit of insurance m the total
applicable limits of insurance of all insurers.
(b) Primary And Non - Contributory
To Other Insurance When
S. Transfer Of Rights Of Recovery Against
Required By Contract
Others To Us
If you have agreed In a written
a. Transfer Of Rights Of Recovery
contract, written agreement or
If the insured has rights to recover all or
Permit that this insurance is
part of any payment, including
primary and noncontributory with
Supplementary Payments, we have made
the additional insured's own
under this Coverage Part, those rights are
insurance, this insurance is
transferred to us. The insured must do
primary and we will not seek
nothing after loss to impair them. At our
contribution from that other
request, the insured will bring "suit" or
insurance.
transfer those rights to us and help us
Paragraphs (a) and (b) do not apply to
enforce them. This condition does not
apply to Medical Expenses coverage.
other Insurance to which the additional
insured has been added as an
b. Waterer Of Rights Of Recovery (Waiver
additional insured.
Of Subrogation)
When this insurance is excess, we will
If the insured has waived any rights of
have no duty under this Coverage Part to
recovery against any person or
defend the insured against any "suiC if any
organization for all or part of any payment,
other insurer has a duty to defend the
including Supplementary Payments, we
insured against that °surf. If no other
have made under this Coverage Part, we
Insurer defends, we will undertake to do
also waive that right, provided the insured
so, but we will be entitled to the insured's
waived their rights Of recovery against
rights against all those other insurers.
such Person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form ( S 00 08 0 05
K)F created WMTI)df�BctOirPmttiaPve miOl www pdffactory com Page 17 of 24
2.
3.
JM Diaz, Inc. DBA: JMD
EXTENDED OPTIONS
72WECNZ9110 12/2/2010
I. Employers' Liability Insurance
4. Foreign Voluntary Compensation and
Item 3.8. of the Information Page is replaced by
Employers' Liability Reimbursement
the following:
A. How This Reimbursement Applies
B. Employers' Liability Insurance:
This reimbursement
provision applies to bodily
1. Part Two of the policy applies to work in
injury by accident or bodily injury by disease.
each state listed in Item 3.A.
Bodily injury includes resulting death.
1. The bodily injury must be sustained by an
The Limits of Liability under Part Two are
officer or employee.
the higher of:
2. The bodily injury must occur in the course
of employment necessary or incidental to
Bodily Injury
work in a country not listed in Exclusion
by Accident $500,000 Each Accident
C.1. of this provision.
Bodily Injury
3. Bodily injury by accident must occur
during the policy period.
by Disease $500,000 Policy Limit
4. Bodily injury by disease must be caused
Bodily Injury
or aggravated by the conditions of your
by Disease $500,000 Each Employee
employment. The officer or employee's
last exposure to those conditions
of your
OR
employment must occur during the policy
period.
B. We Will Reimburse
2. The amount shown in the Information
Page.
We will reimburse you for all amounts
paid by
You whether such amounts are:
This provision t of EXTENDED OPTIONS does not
apply in New York because the Limits Of Our
I. volunta ry Payments for the benefits that
Liability are unlimited.
would be required of you if you and your
officers or employees were subject to any
In this provision the limits are changed from
workers' compensation law of the state
$500,000 to $1,000,000 in California.
of
hire of the individual employee.
Unintentional Failure to Disclose Hazards
2. sums to which Part Two (Employers'
If you unintentionally should fail to disclose all
Liability Insurance) would apply if the
existing hazards at the inception date of your
Country of Employment were shown in
Policy, we shall not deny coverage under this
Item 3.A. of the Information Page.
policy because of such failure.
C. Exclusions
Waiver of Our Right To Recover From Others
This insurance does not cover:
A. We have the right to recover our payments
1. any occurrences in the United States,
from anyone liable for an injury covered by this
Canada, and any country or jurisdiction
Policy. We will not enforce our right against
which is the subject of trade or economic
any person or organization for whom you
sanctions imposed by the laws
perform work under a written contract that
or
regulations of the United States of
requires you to obtain this agreement from us.
America in effect as of the inception date
This agreement shall not operate directly or
of this policy.
indirectly to benefit anyone not named in the
2. any obligation imposed by a workers'
agreement.
compensation or occupational disease
B. This provision 3. does not apply in the states
law, or similar law.
of Pennsylvania and Utah.
3. bodily injury intentionally caused or
aggravated by you.
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
Page 4 of 6
CITY OF NEWPORT BEACH l NOV 2 3 2(?t(I
CITY COUNCIL STAFF REPORT j
November 2,3,//2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Peter Tauscher, Junior Engineer
949 - 644 -3316 or ptauscher @newportbeachca.gov
SUBJECT: FY 2010 -2011 STREETLIGHT REPLACEMENT PROGRAM —
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
JMDIAZ, INC.
ISSUE
Staff requests approval of a professional services agreement to hire a consultant to
design the FY 2010 -2011 Streetlight Replacement Program project.
RECOMMENDATION
Approve a Professional Services Agreement with JMDiaz, Inc. (JMD) of City of Industry,
California, for design and construction support services at a not -to- exceed fee of
$65,840.00, and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION
As part of the City's Fifteen Year Streetlight Master Plan, the FY 10 -11 Streetlight
Improvement Program will be upgrading the City's streetlight system at the following
four general locations:
1. Mariners Community (Streetlight Circuit No. SLD0072);
2. Dover Tract (Streetlight Circuit No. SLD0073);
3. Harbor Island Community (Streetlight Circuit No. SLD0168); and
4. Bayside Drive (Streetlight Circuit No. SLD0169).
The project calls for the removal and replacement of approximately 150 streetlights and
the installation of approximately 30,000 linear feet of new electrical conduit and wiring to
convert the existing streetlight circuits from series to parallel. Furthermore, this project
will include implementation of additional energy efficient technology such as LED lights
to the City's streetlighting system.
On September 21, 2010, staff invited four firms to submit a proposal for the streetlight
improvement project; three proposals were received on October 13, 2010.
A team of Public Works staff members familiar with streetlight projects independently
reviewed the proposals and evaluated each firm's qualifications, past experience on
FY 2010 -2011 Streetlight Replacement Program
JMDiaz, Inc. Professional Services Agreement
November 23, 2010
Page 2
_i
similar`�p'rojects, and availability before ranking JMB the highest. Upon selection, staff
negotiated with JMD to provide design and construction support services for a not -to-
exceed fee of $65,840.00. JMD has satisfactorily completed similar streetlight projects
for the City and other Southern California agencies in the past.
The scope of JMD's professional services includes the following:
• Preliminary design, which includes field reconnaissance, utility coordination, and
design recommendations.
• Design, which includes the preparation of construction documents.
• Post design, which include bidding and construction support services.
ENVIRONMENTAL REVIEW
Engineering design services are not projects as defined by the California Environmental
Quality Act (CEQA) Implementing Guidelines, and therefore do not require
environmental review.
FUNDING AVAILABILITY
Sufficient funds are available in the following account for the project.
Account Description
General Fund
Prepared by:
Peter Tauscher
Junior Engineer
Attachment: Professional Services Agreement
Project Location Map
Account Number
7013- C2202000 $
Total: $
Suhmitted hv-
Amount
65.840.00
65,840.00
LOCATION MAP
NOT TO SCALE
FY 2010 - 2011 STREETLIGHT
REPLACEMENT PROGRAM
CONTRACT NO. 4605
4D N
N
y�' O
3
Qo ��
LOCATION t: MARINERS COMMUNITY LOCATION 2: DOVER TRACT
aD 4D
EAST Cp N o
w1' N
FgsT
o�
sr ;y
WY
b
O Oi
LOCATION 3: HARBOR ISLAND COMMUNITY LOCATION 4: BAYSIDE DRIVE
PROFESSIONAL SERVICES AGREEMENT WITH
JMDIAZ, INC. FOR
FY 2010 -2011 STREET LIGHT IMPROVEMENT 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 JMDIAZ,
INC., a California corporation ( "Consultant'), whose address is 18645 East Gale
Avenue, Suite 212, City of Industry, CA 91748 and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to improve four streetlight circuits at various locations throughout
the City.
C. City desires to engage Consultant to prepare construction documents for the
Streetlight Improvement Project ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Steve
Itigaki.
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 December 31, 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 Sixty -Five Thousand,
Eight Hundred Forty Dollars and no /100 ($65,840.00) without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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 Steve Itagaki 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. Iris Lee or her
designee, shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or her authorized representative shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
Professional Services Agreement Page 4
(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.
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
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements.
i. 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
Professional Services Agreement Page 7
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
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 safe, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant shall
not subcontract any portion of the Work to be performed under this Agreement without the
prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Professional Services Agreement Page 8
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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
20. 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.
21. 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.
22. 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
Professional Services Agreement Page 9
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
23. 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. 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.
26. 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: Peter Tauscher
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3316
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: Steve Itagaki
JMDiaz, Inc.
18645 East Gale Avenue, Suite 212
City of Industry, CA 91748
Phone: 626- 820 -1137
Fax: 626 - 820 -1136
27. 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.).
F�:���:7u1 l�l_i 1[�7►1
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
Professional Services Agreement Page 11
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
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 C1 IT)Y ATTORNEY
BY
Leonie Mulvihill
Assistant City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
A California municipal corporation
in
Keith D. Curry, Mayor
CONSULTANT: JMDIAZ,
California corporation
Juan M. Diaz, P.E.
President and Treasurer
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
INC., a
Professional Services Agreement Page 13
i.. 1 --
E �
06.1,
City of Newport Beach
FY 10 -11 Streetlight Improvement Project
Excel, respectively. The electronic files of the bid
items and construction cost estimates will be included
in the aforementioned CD.
JMD will utilize existing information available from the
City to begin any design work. This information will be
augmented and updated, where required. Because
they are typically on a project schedule's critical path
and may require substantial lead time, the following
tasks will begin immediately upon receipt of Notice to
Proceed:
• Research and Data Collection
• Utility Identification and Coordination
• Identification of Design Requirements
JMD will coordinate with the City of Newport Beach
staff responsible for review of design elements of the
75 %, 90 %, 100% and Final Approval plans as we are
working on them. Draft copies of this work will be
submitted for significant work items before the
milestone submittal date with follow -up meeting to
solicit input. This early coordination gives us a clear
understanding of what the reviewers expect while
giving the reviewers a preview of what will be
submitted before the actual submittal is made.
Design of street lighting improvements on existing
facilities in typically highly urban settings, including
areas within the project limits, present some unique
issues and requires experienced design techniques.
Based on our past experience, we understand the
complexity of replacing and refurbishing existing
street lighting facilities while maintaining basic
services and minimizing impacts to adjacent
properties, landscaping and sidewalk areas.
We believe that the success of any project will
depend up adequately addressing the project's key
issues during the project development process and
preparation of the preliminary and final plans and
estimates package. Once the preliminary phase work
tasks have been completed, reviewed and approved
by the City, JMD will incorporate comments and begin
work on the final design phase, which includes the
preparation of final plans, specifications and
estimates.
He OW
Scope of Work
Our proposed work plan has been specified as
follows:
Phase I - Preliminary Design
Task 1 -1- Project Administration, Meetings and
Coordination
The JMD Team will meet with City staff and confirm
the project scope, establish key communication
personnel, refine time schedules and finalize design
criteria. After review of the process to be followed,
agreement on the design concept and schedule will
be reached. This will avoid confusion and delays later
in the project development process and facilitate
timely review and approval of submittals.
A total of five (5) meetings between the City and JMD
will be held to keep all parties informed, resolve
issues and successfully complete the project.
We anticipate no portions of the project are located
within State right -of -way nor will require any special
permitting.
Task 1 -2 - Research /Data Collection/Utility
Coordination
JMD will obtain documentation and electronic files
available from the City pertaining to this project. We
will assemble, sort and review existing available
information on the project area, including "as- built"
plans, maps, studies, existing right -of -way and utility
information in order to become familiar with the
project, ascertain the completeness and accuracy of
available information and determine additional
information requirements. Base plans will be prepared
from the information obtained from the City.
Field reviews will be performed with City staff to verify
that existing information is correct or to identify
existing facilities unavailable during research. This
task involves identifying surface topographic features
and utilities to be included into the plans which may
be necessary for the street lighting design. This task
also includes reviewing design issues and identifying
topographic constraints which may impact the
proposed design.
Due to the straightforward nature of the project, field
review(s) for the project could consist of the following:
�EMYOp�
r (` City of Newport Beach
FY 10 -11 Streetlight Improvement Project
The project site will be field inventoried to determine
existing and proposed locations of street lighting
equipment, right -of -way, sidewalk and miscellaneous
topographic features.
Any recommended additions or deletions to the
project will be developed at this time. A
recommendation will be made regarding
improvements necessary to achieve the City's
objectives.
JMD will provide field base mapping and utility
clarifications during field reviews.
JMD will coordinate with City staff to identify existing
underground and overhead utility lines that may
interfere with the location of street lighting equipment.
For electrical services, JMD will assist City staff in
coordinating with Southern California Edison
Company for the new service cabinet(s) within the
project limits. JMD will provide utility notices and
coordination of plan review, approval, and
adjustment, if any, with utility agencies.
Conducting detailed field surveys as well as preparing
base mapping and right of way engineering is not
included in this proposal. JMD will utilize available
mapping and other electronic data of existing features
provided by the City.
Phase II — Desian
Task II -1— 75% Preliminary Plans
After review and approval of the detailed
recommendations, JMD will prepare preliminary
construction plans for the proposed street lighting
improvements. In addition, plans will comply with the
regulations and standards of the City. The following
outlines the specific details of the design plans:
Title Sheet
JMD will prepare a title sheet containing a vicinity
map, general notes, construction legend, list of
affected utilities, a drawing list and other details
covering the project limits.
Street Lighting PlanslDetaits
JMD will prepare detailed street lighting plans in
AutoCAD 2007 file format at a scale of 1 " =40' using
the City - provided title block. These plans will identify
existing and proposed street lighting features as well
as pertinent details.
o
Deliverables
The following are the estimated plan sheets and
quantities proposed for the project:
Title Sheet
P ,
1
Street Lighting Plans
16
Street Li ltin Details
1
Total
18
We understand all blueprinting, photocopying and
other related services will be coordinated through
Mouse Graphics, which is the City's contracted
reproduction company.
Task II -2 — Construction Bid Items, Specifications
and Cost Estimate
JMD will prepare a list of construction bid items,
specifications and construction cost estimates for the
project elements, which will include a proposed item
list, estimated quantities, and current unit cost
resulting in line -item cost estimates. At the first plan
check, a preliminary cost estimate will be developed
for comparison with previous project budget
estimates. Back -up of cost estimate calculations
showing quantities and unit costs per sheet will be
provided to the City for review with each submittal.
During final design, JMD will prepare a final estimate
to validate construction bids by contractors during the
bidding process.
JMD will submit preliminary plans, specifications, and
construction cost estimates (PS &E) for the 75 %, 90 %,
and 100% milestones to the City for review.
Task II -3 — Voltage Drop Calculations
To ensure the correct conductor sizing, JMD will
prepare voltage drop calculations for the
improvements. The calculations will be prepared in an
Excel spreadsheet format.
Based on the National Electrical Code (NEC), the
maximum recommended voltage drop for a
combination of both branch circuit and feeder circuit
should not exceed 5 %. This methodology has been
successfully utilized in previous projects with the City
of Newport Beach and will continue with this project
unless the City determines a different value.
Task II -4 — Energy - Efficient Alternatives
JMD will assist the City by providing research and
product identification for LED luminaires. A total of
two (2) recommendations for alternative LED energy-
fEwr�y
y;
City of Newport Beach
-- FY 10 -11 Streetlight Improvement Project
efficient solutions will be provided. The alternatives
will also include cost estimates for City consideration.
We understand the City is currently undergoing an
update to the Standard Plans and Specifications
which include energy - efficient luminaires. We will
work with City staff to determine the use of these
luminaires or to procure alternatives.
Task II -5 — Structural Calculations on Non -
Standard Foundations (Total of 4)
JMD will provide a total of four (4) structural
calculations for non - standard streetlight foundations.
For this effort, we have procured CHO Design
Associates, Inc. to provide the calculations. JMD
assumes the load requirements will be provided by
the City.
Task II -6 — Photometric Calculations for Each
Location (Total of 4)
JMD will prepare a total of four (4) photometric
calculations for existing and proposed lighting
conditions. The calculations will be prepared for each
of the four circuit conversions.
Phase III — 90% Design
Task III -1 — Addressllncorporate Comments and
Prepare 90% Submittal
JMD will address and incorporate the 75% review
comments provided by the City departments for the
project. JMD will then prepare and submit the 90%
level package.
Phase IV —100% Design
Task IV -1— Addressllncorporate Comments and
Prepare 100% Submittal
JMD will address and incorporate the 90% review
comments provided by the City departments for the
project. JMD will then prepare and submit the 100%
level package.
Phase V — Final Approval Design
Task V -1— Addressllncorporate Comments and
Prepare Final Approval Submittal
JMD will address and incorporate the 100% review
comments provided by the City departments for the
project. JMD will then prepare and submit the Final
Approval level package.
JMD will submit sealed original ink on mylar plan
sheets and digital engineering plans and drawings on
compact disk (CD) in AutoCAD format; sealed original
4 %' 1
hard copy and CD in MS Word format of the bid
items, cost estimates, calculations and notes
generated by the project.
The following are the proposed deliverables:
One (1) set of original signed and sealed title
sheet on 24 "x36" mylar medium, construction bid
items, specifications and cost estimates.
One (1) set of original street lighting plans and
detail sheets on 24 "x36" bond medium to be
submitted to the City through the City's
reproduction company.
Digital files of project plans in AutoCAD 2007 or
later format on CD medium.
Phase VI — Construction Engineering Assistance
Upon the City's request, JMD will assist the City with
the following:
Attend pre -bid and pre- construction meetings (2
meetings);
V Review shop drawings and other submittals;
Monitor construction progress, advising the City
with respect to the contractor's general
conformance to drawings and specifications,
visiting the site, and making field
recommendations (1 meeting);
u Revising the drawings and /or special provisions;
G Preparing Addenda to the specifications;
C Preparing "as- built' drawings.
r
C� � � � r
v f R I\ L
Cost Summaryb
FY 10 -11 Streetlight Improvement Project
City of Newport Beach
Submitted by: JMD
October 21, 2010
-1
Project Administration /Meetings /Coordination'
1
76
12
29
$300
$3,100 'OeW.nes /Mileage /Reproduction
-2
Research /Data Collection /Utility Coordination
7
24
40
32
97
$300
$6,630 ' Deliveries /Mileage /Reproduction
90
180
B
283
$300
$27,t 60
' Da venes /Mileage /Reproduction
II -1
Title Sheet, Plans, Detail Sheet (18 sheets) 1 4
II -2
Construction Bid Items, Specifications and Cost Estimate
1
2
24
8
35
$200
S3,160
' Deliveries /Mileage /Reproduction
II -3
Voltage Drop Calculationsc
1
12
4
17
$100
$1,490
' Deliveries /Mileage /Reproduction
II-0
Energy - Efficient Altemativese
1
16
2
19
$100
51,760
'Deliveries /Mileage /Reproduction
115
Structural Calculations on Non - Standard Foundations (Total of 4)
1
6
7
$1,500
$2,460
' CHO Design Associates. Inc.
115
Photometric Calculations for Each Location (Total of 4)
1
24
4
29
$200
$2,670
' Deliveries /Mileage /Reproduction
III -i
Address/Incorporate Comments and Prepare 90% Design
1
3
40
80
8
132
$200
$9,930
' Delivenes /Mileage /Reproduction
lAddresslincorponate Comments and Prepare 100% Design
1 1
21
201
401
81
711
1 ,400 ' DelivenevN ileage /Reprodu -
IV -7
o
lAddressfIncorporate Comments and Prepare Final Approval of Plans
7
1
70
20
81
40
$200
53,070 ' Deli versa /Milsage /Reproduction
V -t
e e
VI-7
Bidding and Preconstruotion Assistance
1
4
2
7
$200
$780
' Deliveries /Mileage /Reproduction
VI-2
Shop Drawing /Submittals Assistance
1
4
2
7
$580
VI -3
Construction Assistance
1
4
2
7
$200
$780
' Deliveries /Mileage/Reproduction
VI-4
Plans and Specifications Revisions/Addenda
0.5
1
4
8
2
15.5
$200
$1,390
' Deliveries /Mileage/Reproducdon
VI -5
As -Built Plans
0.5
1
4
8
4
17.5
$200
$1.480
' Deliveries /Mileage /Reproduction
TOTAL ESTIMATED
LABOR HOURS
a
43
280
376
1D6
813
TOTAL ESTIMATED DESIGN COST
$65,840
Notes:
e Assumes five (5) meetings for the entire project
b Rates are subject to a 5% annual increase on January 1.
c Voltage drop calculations will be performed for the new lighting circuits.
d A total of 2 alternatives will be provided.