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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.