HomeMy WebLinkAboutC-5388 - PSA for Geotechnical and Material Testing and Specialty Inspection ServicesPROFESSIONAL SERVICES AGREEMENT
WITH WILLDAN GEOTECHNICALFOR
CORONA DEL MAR TRANSMISSION MAIN PIPELINE IMPROVEMENTS
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement") is made
and entered into as of this h day of February, 2013 ( "Effective Date") by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "),
and WILLDAN GEOTECHNICAL a California corporation ( "Consultant'"), whose address
is 1515 S. Sunkist Street, Suite E, Anaheim, CA 92806 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 desires to engage Consultant to perform geotechnical and materials testing
and specialty inspection services for the Corona del Mar Transmission Main
Pipeline Improvements ('Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. The principal member of Consultant for purposes of Project shall be Ross
I4hiabani, PE, GE.
E. 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:
am
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2014 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Consultant shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit A and incorporated herein by reference ( "Services" or "Work"). The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.1.1 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 within two (2) days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4.1 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 or Progress Payments Schedule attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subconsultant
fees, shall not exceed One Hundred Eighty -Seven Thousand, Four Hundred Dollars
and 001100 (187,400.00) 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.
4.2 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.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
WILLDAN GEOTECHNICAL Page 2
4.4 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
5.1 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 Ross Khiabani, PE, GE 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.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to the City.
1�,e19I OT, 11 [� i 7ti r *7
This Agreement will be administered by the Public Works department.
Patrick Arciniega, Senior Civil Engineer, or his designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
WILLDAN GEOTECHNICAL Page 3
standards' shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement; all applicable federal, state
and local laws; and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 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, 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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties ") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole 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.
WILLDAN GEOTECHNICAL Page 4
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. No
civil service status or other right of employment shall accrue to Contractor or its
employees. 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 of the Work 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
duty 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.
r
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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
WILLDAN GEOTECHNICAL Page 5
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 subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
17. OWNERSHIP OF DOCUMENTS
17.1 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.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
All written documents shall be transmitted to City in formats compatible with
Microsoft Office and /or viewable with Adobe Acrobat.
WILLDAN GEOTECHNICAL Page 6
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
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 or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Consultant's Documents provided under this
Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services 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.
r • •
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding, Consultant shall have an
immediate right to appeal to the City Manager or his/her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
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 Section is intended to limit City's rights under the
law or any other sections of this Agreement.
WILLDAN GEOTECHNICAL Page 7
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
25.1 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.
25.2 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
26.1 All notices, demands, requests or approvals, including any change in
mailing address, 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: Patrick Arciniega, Senior Civil Engineer
Public Works
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
WILLDAN GEOTECHNICAL Page 8
Attn: Ross Khiabani, PE, GE
WILLDAN GEOTECHNICAL
1515 South Sunkist Street, Suite E
Anaheim, CA 92806
Phone: 714- 634 -3318
Fax: 714 - 634 -3372
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, 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 of seq.).
28. TERMINATION
28.1 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.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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. STANDARD PROVISIONS
29.1 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,
WILLDAN GEOTECHNICAL Page 9
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.2 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.
29.3 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.
29.4 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.
29.5 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.
29.6 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.
29.7 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.
29.8 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, State of California.
29.9 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, age or any other impermissible basis under law.
29.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
29.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
WILLDAN GEOTECHNICAL Page 10
WILLDAN GEOTECHNICAL Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'§ OFFICE
Date: 2, II 13
la
Aaron C"Harp
City Attorney
ATTEST:
Date:
By. 1V `
Leilani I. Brown
City Clerk_
V
CITY OF NEWPORT BEACH,
A California uni ipal corporation
Date: LJ' 2
B y:
Keith Curry
Mayor
CONSULTANT: WILLDAN
GEOTECHNICAL, a California
corporation � / Z�
Date: �T
S
By:
Ross Khiabani
Director of Geotechnical Services
Date: ` u7 / 3
By' a>
o�R��
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
WILLDAN GEOTECHNICAL Page 12
WILLDAN GEOTECHNICAL Page A -1
NVWILI_DiAN
Geotechnical
Exhibit A
Corporate Documentation
Corporate Status /Owrnersbip
Willdan Geotechnical is a division of Willdan Engineering, a wholly -owned subsidiary of
Willdan Group, Inc,, a publicly traded California Corporation, listed on the NASDAQ stock
exchange.
Willdan Group has provided professional consulting services to public entities since its inception
in 1964. Starting in 1999, Willdan Group collected its geotechnical engineering services into an
operating division which did business as Arroyo Geotechnical until 2003, when it was renamed
Willdan Geotechnical to reflect the integrated nature of all of Willdan Group's operating
divisions.
Willdan Geotechnical's principal place of business is located at 1515 S Sunkist Street, Suite E,
Anaheim, California.
Management Tenure
Ross Khiabani, PE, GE, is the Senior Vice President and Director of Geotechnical and
Material Testing Services of Willdan Geotechnical. Ross has lead Willdan Geotechnical since
2003. He has more than 30 years of experience providing professional geotechnical engineering,
materials testing, and inspection services in Southern California.
Girish Agrawal, PhD, PE, GE, is the Principal Engineer for Willdan Geotechnical. Girish has
been with Willdan Geotechnical since 2009. He has nearly 20 years of experience providing
professional geotechnical engineering and construction support services in California.
Joseph M. Ritchey is the Operations Manager for Willdan Geotechnical's Materials Testing
& Special Inspection Department. Joe has been with Willdan Geotechnical since 2004. He has
over 25 years of experience providing construction inspection and materials testing services, Joe
manages and supervises the material testing, special inspectors, and deployment of inspectors
and technicians.
Financial Strength
The Willdan Group has sustained a healthy financial performance record due to a strong,
dependable reputation in the engineering consulting and municipal services industries. There are
no known conditions that will impede Willdan's ability to successfully complete geotechnical
City of Newport Beach, Public Works Department
Gsote,hnic,A Marar,'al T3sf ng, and 4,3€csa! OrpocOn Services �
WILLDAN
Geotechnical
engineering and materials testing/inspection assignments for the City of Newport Beach
Department of Public Works.
Project Understanding
We understand that the City of Newport Beach (City) requires geotechnical, special inspection,
materials testing and non-destructive testing of all welds for the Corona Del Mar Transmission
Main Pipeline Improvement Project. This project calls for the installation of 5,300 linear feet of
new 30" CML &TW steel pipe transmission main extending from the existing 30" main in Pacific
View Drive down the proposed alignment to the existing 30" main at the intersection of East
Coast Highway and MacArthur Blvd.
An additional 2,610 linear feet of new 24" CML &TW steel pipe will tic into the connection of
the new 30" CML &TW steel pipe at MacArthur Blvd. and East Coast Highway and extend down
Carnation Avenue to tie into the existing 24" water main on Bayside Drive.
The work involves both open -cut and jack and bore construction.
The City's existing regulator structure from Metropolitan Water District System (CM -1) in, East
Coast Highway at Fernleaf Avenue will be relocated to Dahlia Avenue. The existing CM -1
regulator structure will be removed and a replacement line from the new regulating structure will
Lie into the existing line at the old structure.
Lastly, the construction of the new CM-1 vault in Dahlia Avenue will require relocating the
existing 8" sewer main and installing a new 16" CML &TW steep pipe in Dahlia Avenue and 5th
Avenue.
Scope Of Services
Geotechnical
Willdan Geotechnical understands that our efforts will be directed by the City's Construction
Manager. We propose to perform all required geotechnical observation and testing during all
phases of the proposed construction. The services will be provided in accordance with the
applicable building codes, per requirements of approved project plans, and specifications.
• Review of all the plans and specifications. Our team will familiarize themselves with all the
details of the project.
• Attend preconstruction meeting.
• Soil technician on site during trench excavation, pipe bedding placement, trench backfill
and jack and bore operation with engineering support on an as needed basis. Technician
City of Newport Beach, Public Works Department
Gookf, (dhnicaf, Pelate riaf Testing, and Spocial inspection Swvioes 2
Geotechnical
shall perform all necessary field testing (nuclear gauge) of compacted bacictill to ensure
proper compaction for pipe bedding and roadway subsurface.
• Soils technician on site to perform all necessary aggregate base and asphalt density testing
at roadways.
• Perform as needed laboratory testing to determine soils engineering and index property.
• Provide engineering support, technician coordination, engineering review, test reporting,
QA/QC, and administrative support services.
• We will promptly submit daily field- testing reports indicating information pertinent to the
work performed and their compliance or non - compliance to the project documents and
applicable codes. These will be provided to the owner, client and /or building official for
review.
• The written daily reports at a minimum will include, date of issue, project title and
number, name of the individual making the observation and testing, description of work
area/material tested, result of observation/test data and interpretation of the data, and
professional opinion as conclusions and recommendations. A sample field daily report
will be presented in the beginning of the job and approved by project construction
manager.
Materials
As stated in the Project Understanding section, Willdan understands that our efforts will be
directed by the City's Construction Manager. We anticipate putting a lead inspector on tho project
with all applicable licenses — reinforced concrete and structural steel weldinglbolting our inspector
will also perform dye penetrant testing on all welds in order to reduce the need for multiple
inspectors onsite. Our designated lead inspector will also observe trench bottom and placement of
bedding around the pipe.
The lead inspector will coordinate with the City's designated representative in order to ensure that
all inspections and testing requirements are met. The lead inspector will be supplemented by
additional staffing when deemed necessary by the City's designated representative. The following
is a list of minimum services provided:
• Attend preconstruction and bi- weekly construction meetings.
• Review of all the plans and specifications. Our team will familiarize themselves with all
the details of the project.
• ICC certified structural steel assembly/bolting inspector during all phases of structural
steel assembtylconstruction. Review welder and material certifications prior to field
welding. Observe and /or test all bolted and welded connections per approved
plans/specifications and applicable building code requirements.
• ICC certified reinforced concrete inspector during construction of any and all structural
concrete elements. Inspect the placement of reinforcing steel for compliance with the
City of Newport Beach, Public Works Department
GeDlachrucaF, Mat -wiot resting and Spacial lnspeotion Srtrvla s 3
W I LLDAN
Gootochnical
plans and specifications. Monitor the placement and QC of concrete, non - shrink grout,
anchors and epoxy. Sample and test the Concrete /non- shrink grout for slump,
temperature and compressive strength.
9 Inspect interior mortar joints for cracks and take photos of each joint on as- needed basis
on 30" and 24" lines.
Provide engineering support, inspector /technician coordination, dispatch, material
engineering review, test reporting, QA/QC, and administrative support services.
Observation and inspection of external corrosion protection of pipe field welded joints.
Archaeological/Paleontological Monitoring
The archaeological monitoring is to ensure that known archaeological resources are not
inadvertently impacted by construction activities or equipment and to identify buried
archaeological material that could be destroyed by construction. Archaeological material consists
of objects modified or used by people in the past. Such material may consist of features or
artifacts, such as hearths, projectile points and other stone tools or historic -age artifacts or
features, such as refuse deposits or foundation walls or footings.
The paleontological monitoring is to identify buried fossil material that could be destroyed by
construction. Fossil material consists of the remains of plants and animals, which existed on
earth prior to mankind. Such material may consist of fossilized bone, teeth, leaves, stems, shells,
etc.
The archaeological /paleontological monitoring will be performed under the direction of the
experts following all written and verbal safety instructions from the construction contractor at all
tirnes. The only exception is if /when a monitor needs to temporarily either stop construction or
route construction around a sensitive area or finds exposed by the construction activities. In those
cases, the authority to divert equipment and activities lies with the monitor and not the
construction contractor. All monitors have training and experience working around construction
equipment and will coordinate with the applicable equipment operator to ensure the safety of all
persons in the construction area.
City of Newport Beach, Public Works Department
(3entechmca( i'daterial Testing, and Special !nspectort Seivicas
EXHIBIT B
SCVEDULE OF BILLING RATES
WILLDAN GEOTECHNICAL Rage B -1
Soils Technician
Hr
$
78
798 $
Field Vehicle Usage
Hr
$
5
798 $
Project Geotechnical Engineer
Hr
$
175
32 $
Equipment Usage - No Charge
Hr
$
-
0 $
Soil Compaction Curve
Ea
$
165
5 $
Soil Gradation
Ea
$
65
2 $
CMB Gradation
Ea
$
175
3 $
Asphalt Max. Density
Ea
$
175
3 $
Sand Equivalent
Ea
$
65
4 $
SOILS & AGGREGATE TESTING & OBSERVATION SERVICES
TOTAL: $
Technician Field (Interior inspection & Photos )
Field Welding / Bolting Inspection
Non - Destructive Testing - ( Dye Penetrant)
In addition to inspector rate
STRUCTURAL
Hr $ 75 64 $
TECHNICIAN SERVICES TOTAL: $
Hr $ 75 784 $
Hr $ 6 784 $
WELDING/BOLTING TOTAL: $
62,244
3,990
5,600
825
130
525
525
260
:MI
58,800
4,704
63,504
Supervision, Dispatch & QA/QC Hr $ 68 110 $ 7,480
Administrative/Typing Support Hr $ 32 60 $ 1,920
Engineering Review & QA/QC Hr $ 32 175 $ 5,600
QAIQC ENGINEERING & ADMINISTRATIVE SUPPORT SERVICES TOTAL: $ 16,000
Field Monitoring and Final Reports (estimated) $ 30,000
TOTAL ESTIMATED COST: $ 187,400
W _ DAN VOW,
rothe11 ;1 . rr
Fee Schedule - Personnel
Corona Gel Mar Water Transmission Main Construction
Effective January 1, 2013 to Project Completion
TECHNICAL STAFF
GEGTECHMICAI
Principal /Chief Engineer /Geologist ........ ............................190
Senior Geotechnical EngineeriGaoiogist ...........................175
Project Engineer /Geologist ..................... ............................150
Senior Staff Engineer/Geologist ........................
.................120
Staff EnglneedGeologist ...................... ............................100
Sr. Soil Technician (Non - prevailing Wages)....,....
........ __70
Sr. Soil Technician (Prevailing Wages} ... .............................78
Soil Technician (Non- prevailing Wages)..._ ............
....._., 70
Soil Technician (Prevailing Wages).... ........ ......
...... _78
SPECIAL INSPECT/ pN
Construction Matenal Engineer ....... ...............................
155
Supervisor......................................... ...............................
110
Special Inspection (Non - Prevailing Wages ) .........................BO
Special Inspection (Prevailing Wages) .... .............................75
Concrete Test Report .. ...... ....... ........... ...............
................ 10
Computer Data Entry ............................ ..........................75.00
Clerical............. _.............................. ............................... 75.00
Word Processing ............................. ............................... 60.00
Computer Time .... .......................... -.... .._.......................15.00
CADOperator ........ ............................... .......................... 85.00
EXPERT WITNESS
Principal Engineer/Geologist,........ ............................... 350,00
Staff assignments depend on availability of personnel, site location, and the level of experience that will satisfy the technical requirements of
the project and meet the prevailing standard of professional care. The above schedule is for straight time. Overtime will be charged at 1.5
times, and Sundays and holidays, 2.0 times the standard rates. Travel time to and from the job site will be charged at the hourly rates forthe
appropriate personnel. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15 %).A
subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost
of administration, consultation, and coordination,
Page 1 of 2
41
�W INILL-DAN I
Fee SGhedUle - Laboratory
Corona Del Mar Water Transmission Main Construction
Effective January 1, 2013 to Project Completion
Identification and Wei Properties
In-Situ Moisture and Density (ASTM D2937) ...............20.00
15.00
Grain Size Analysis (ASTNI D422)
Sieve Only (3" to #200) ....................... ................:.........70.00
86,00
Steve and Hydrometer ...:.................... ................:........120.00
- ..... QUO
Percent Passing #200 Sieve (ASTM D1140) .............
50.00
Afterberg Limits (ASTM D4318)
70.00
I'VILIN Point ........ ........ .... . . .... ................ . .........
110.00
One Point .._....... ..... .... __ ... _ .......
75.00
Specific Gravity (ASTM D854)
75.00
Sand Equivalent (ASTM D2419) ..... ......
75,00
Compaction and Bearing Strength
Modified Proctor Compaction (ASTM D1557)
Method A or B (4" Mold)......................... .........................165.00
Method A or B (6" Mold)., . . .................... ............. ___ 175.00
Compaction, California 216 ................:... .........................180.00
California Bearing Ratio CBR (ASTM D1883)
3 points ......... ................ ....... .......... ............ 45U0
R-Value ...... ............................... _ ......... ................ 250.00
Shear Strength
Torvare/Pocket Penetrometer ......... ...............................
15.00
Direct Shear - per point
Consolidated -Drainad per pt, (ASTM D3080) .................
86,00
Residual per pt........__ ... ..... ........ ... _ ...... __ ..........
- ..... QUO
Unconfined Compression (ASTM D2166 ),......._........_...120.00
Unconsolidated-Undmined (UU)............ .........................150.00
70.00
Asphalt Tests
Consolidation/Collapse and Swell Tests
Consolidation (ASTM D2435l
5 load Increments w1one time- rate .... .........................160.00
Additional load increment.................. ...........................25,00
Additional Time rate per load increment ......................
50.00
Single point (collapse ............. ___ ..........
50.00
Single Load Sw_-II (ASTM D4546)
Ring sample, field moisture ................ ..........................
70.00
Ring sample, air ........
70,00
Remolded sample per specimen ..... _ ......
......... . 50,00
Expansion Index (ASTM D4829/UBC 29-2) ...............125.00
Laboratoty Permeability
Constant Head (ASTM D2434) ......... .........................235.00
Failing Head Flexible Wall (ASTM D5084) .................285.00
Triaxial Permeability (EPA 9100) ............................... 330G0
Chemical Tests
Corrosivity (pH, resistivity, sulfates, chlorides) .... ... _ 165.00
Organic content (ASTIQ D2974)......... ..........................70.00
Construction Material Testing
6 X12 Concrete Cylinder (C39) ..... _ ..... ..... - ................20.00
2", 4", 6" Diameter Concrete Cores (Test Only) ...........30.00
Mortar and Grout, Cylinder and Cubes ........................20.00
Reinforcing Steel, Tensile and Send Tests__ .............45.00
Cylinders Pick-up ......................... ..........................45.00
Extraction/Asphalt ............................... ...............................
Hvoem/Marshall Maximum Density........ ............................ 220
Wash Gradation ... ......... ........ 100
Unit rates pres8nied are for r ftinely performed geotechnical and construction material laboratory tests. Other tests can be performed in our
laboratory, including rock core, soil cement, and soil lime tests. Additional tests will be quoted on request. The rates will remain firm for a
period of 120 days from the date of this submittal. Unit rates presented herein assume samples are uncontaminated and do not contain
heavy metals, acids, carcinogens, or volatile organic compounds that can be measured by an OVA or PID With concentrations greater than
50 imni. Wilican will not accept contaminated samples. Uncontaminated samples Will be disposed of 30 days after presentation of test
results.
Page 2 of 2
Engineering I reotechricat I Environmental I Financial I Homeland Security
714 634.3319 1 fax: 714.634,3372 1 1515 S. Sunkist Street, Sulle E, Anaheim, CA 92808 1 wwwW11!dan.com
5NUNT ii[•3
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of 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. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 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,
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 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.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 each accident.
WILLIDAN GEOTECHNICAL Page C-1
1.3.4 Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 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 from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide 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.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence 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 and other endorsements
as specified herein for each coverage. 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
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
WILLQAN GEOTECHNICAL Page C -2
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement 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.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type,
1.5.5 Self-insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1,5.7 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, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's 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.
WILLIDAN GEOTECHNICAL Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/11/13 Dept. /Contact Received From: Lucie
Date Completed: 4/11/13 Sent to: Lucie By: Chns/Renee
Company /Person required to have certificate: Willdan Geotechnical
Type of contract All Others
I. GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 11/9/12- 11/9/13
A.
INSURANCE COMPANY: Travelers Property Casualty Co of Ameri
B.
AM BEST RATING (A-: VII or greater): A +:XV
AM BEST RATING (A-: VII or greater) A: XV
C.
ADMITTED Company (Must be California Admitted):
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
N N/A ❑ Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
❑ N/A ❑ Yes N No
H.
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
I.
PRIMARY & NON- CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑, N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 11/9/12 - 11/9/13
A.
INSURANCE COMPANY: Catlin Insurance Company, Inc.
B.
AM BEST RATING (A-: VII or greater) A: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?)
N/A
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
N N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes N No
H.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 11/9/12- 11/9/13
A.
INSURANCE COMPANY: American Automobile Ins. Co.
B.
AM BEST RATING (A-: VII or greater): A: XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
M Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
4/11/13
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
►1 ' ■M■EM
/1 ■ ■
�/ ■
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date
A-C"R . CERTIFICATE OF LIABILITY INSURANCE
DATE
/1 /20(MMHNSIYY'
13
PRODUCER
Dealey, Renton & Associates
P. O. Box 10550
Santa Ana CA 92711-0550
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSR "RE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
ux IMMIO UNITS
A
INSURERS AFFORDING COVERAGE
TN URED
INSLI Travels r Property Casualty Cc of Amerl
Willdan Geotechnical
1515 S. Sunkist St., #E F
Anaheim CA 92806
oiGURERB-C :.LiB_jnsuraUTce Comma
--bu 0 bi TITS Cg-
ICLAIM WOE Z OCCUR
MED ESP Ony one arson)
PERSONAL & ADV INJURY
COVERAGES r,-To mcTTLTt+ my CT1naTN0WnVQ 1ir7ATTnTTQT.V TQcTMn rVPTTVTrnT7,
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 HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS, EXCLUSIONS AND CONDITIONS OR SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR "RE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
ux IMMIO UNITS
A
GENERAL LIABILITY 630II58PO20 11/9/2012 11/9/+2.01.3
EACH OCCURRENCE
COMMVIRCALGENERAI-LABILPY
MRE OAMAGE(An one ilre�
ICLAIM WOE Z OCCUR
MED ESP Ony one arson)
PERSONAL & ADV INJURY
X ontractual
kGENERAL GGREGATE 2-JU Q _aail-
GENt AGGREGATE LIMIT APPLIES PER: !?RTOUQTU-CQMF,O-AGG
- I POLICY R1 It AGIT F7 LOU IE)eductihle
A
AUTOMOBILE
LIABILITY 11/912012 11/9f/2013
COVERED SINGLE LACT
(E..c&6nt) 51, 000,000
ANY AUTO
BOUILYULIURY
N.L OWNED AUT09
SCHEDULED AUTOIS
HIRED AUTOS
BODILY INJURY
X_
NONOWNSO AUTOS
— -----
PROPERTY DAMAGE
P .... ddWN
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT $
ANY AUTO
Ou4ER THAN $ $
Ann ONLY: i
AGO
AGO
EXCESS LIABILITY
EACH OCCURRENCE
... ......
AGGREGATE
OCCUR CLANISMADE
UIS S
NET, n N
r
WORKERS COMPENSATION AND WZPBI007462 11/9/2012 11/9/2013
X_tMSTATU j aTHH
INSLd
L_
_ _ ___
El EACH ACCIDENT -El
EMPLOYERrUABILITY
E.L. DISEASE -EA EMPLOYEE S1,
E.L. DISEASE - POLICY LIMIT AII-QD91-QQk-
B
OTHER AED9 7744111.3 11/9/2012 11/9/2,013
Per Claim $1 000,000
ProeoselOpal Liability
Annual Aggregate $1-000,000
�Deductible
Claims Made
$250,000
-DESCRIPT[0140FOPER nONSILOCAnONSMHICLES)eXCLV$ICNS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Ganeral Liability policy excludes claims arising out of the performance of professional services.
Independent Contractors are included as respects to General Liability,
Re� Geoteohnical and materials testing and woecialty inspection Services, Corona del Mar transmission main pipeline
Improvements,
City of Newport Beach, its officers, officials, employees, and agents are Additional insured as respects to General
Llability and Auto Liability as required by written contract- Primary and Non-Contributing coverage applies to
Be. Attached...
City of Newport Beach
Patrick Arciniega, Sr
Works Dept
3300 Newport Boulevard
Newport Beach CA 92658
ACORD 25•S
ISHOULD MY OF TICE ABOVE DESCRIBED POLICIES BE CANCELLED
EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
ILL MAIL 30 DAYS WRITTEN NOTICE TO THE
Civil RUN, Public ICERTIFICATE HOLDER NAMED TO THE LEFT.
AUTHORIZED
1988
--1
-j
i Liability and Auto Liability as regaised by written contract, Waiver of Subrogation or Rights applies to
1 Liability, Auto Liability and Workers' Compensation policies only as required by a written signed contract
to any lose occurring.
Workers' Compensation and Inaployers' Liability Insurance Policy
Waiver of Our Right to Recover From Others Endorsement - California
WC 04 03 06
If the following infermation is not complete, refer to the appropriate Schedule attached to the policy.
lnsured:Willdan Geotechnical
Producer: Dealey, Renton & Associates
Schedule
Person or Organization
City of Newport Beach
Patrick Arciniega, Sr Civil Eng, Public
Works Pent _
3300 Newport Boulevard
Newport Beach CA 92658
Additional Premium %
We have the right torecover our payments front any-
one liable for an injury- covered by this policy. We
will not enforce our right against the person or
organization named in the Sehedule. (This agreement
applies only to the extent that you perform work
under a written contract that requires you to obtain
this agreenent from us.)
f"�a.ux� J'hmp
Anttrncizetf ttejtcesenfativa
WC040306
Policy Ntunber WzPe100'7452
Effective Date 4/1/2013
Job Description
For which the insured has agreed by
written contract executed prior to loss
to furnish this waiver. The premium
charge is 2k of policy standard premium
at final audit.
You must maintain payroll records accurately segro-
gating the remuneration of your employees while en-
gaged in the work described in the Schedule.
The additional premium for this endorsement shall be
the percentage, as shown in the Schedule applicable
to this endorsement, of the California workers'
compensation premium otherwise due on such
remuneration.
COMMERCIAL. GENERAL LIABILITY
6301158PO20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
BLANKET ADDITIONAL M - WRITTEN
SURVEYORS) CONTRACTS (ARCHITECTS, ENGINEERS AND
This endorsement modifies insurance provided under the foflcwing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1, The following is added to SECTION If — WHO IS
ANINSURED:
Any person or organization that you agree in a
"whiten contract requiring insurance° to Include as
an additional insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury",
'property damage" or "personal injury "; and
b, £f, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring 'neurance" applies. The person or
organization does not qualify as an additional
insured with respect to the Independent note
or omissions of such person or organization.
The insurance provided to such additional insured
is limited as follows;
c, In the event that the Limits of Insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring Insurance ", the in-
surance provided to the additional insured
shad be limited to the limits of liability required
by that "written contract requiring insurance".
This endorsement shall not increase the limits
of Insurance described in Section III — Limits
Ofinsurance.
d. This insurance does not apply to the render -
Ing of or failure to render any "professional
services" or construction management errors
or omissions.
a. This Insurance does not apply to "bodily In-
jury" or 'property damage" caused by "your
work" and included in the "products -
completed operations hazard" unless the
"written contract requiring insurance" spechl-
oally requires you to provide such coverage
for that addltiona( insured, and then the Insur-
ance provided to the additional insured ap-
plies only to such "bodily injury" or "property
damage" that occurs before the end of the pe-
riod of time for which the "written contract re-
quiring insurance" requires you to provide
such coverage or the and of the policy period,
whichever Is earlier.
2, The following is added to Paragraph 4.a, of SEC -
TION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS:
The insurance provided to the additional insured
is excess over any valid and ooi[ectfbie "other in-
surance", whether primary, excess, contingent or
on any other basis, that is available to the addl-
tional Insured for a loss we cover, however, if you
specifically agree In the "written contract requiring
insurance" that this insurance provided to the ad-
ditlonal Insured under this Coverage Part must
apply on a primary basis or a primary and non-
contributory basis. this Insurance is primary to
'other Insurance" available to :he additional in-
sured which covers that person or organization as
a named Insured for such loss, and we will not
share with that "other insurance`. But this injuy
anon provided to the additional Insured still Is ex-
cess over any valid and collectible "other insur-
ance", whether primary, excess, contingent or on
any other basis, that Is available to the additional
insured when that person or organization is an
additional insured under any "other insurance ".
1 The following is added to SECTION IV — COM•
MERCIAL GENERAL LIABILITY CONDITIONS:
Duties Of An Additional Insured
As a condition of coverage provided to the add[.
tional Insured.
a. The additional insured must give us written
notice as soon as practicable of an "occur-
rence" or an offense which may result in a
claim. To the extort possible, such notice
should Include:
CG D4 14 04 08 0 2008 '. he Traveters rampr.'es, ,trc Page I of 2
COMMERCIAL GENERAL LIABILITY
1. How, when and where the "occurrence"
or offense took place;
IL The names and addresses of any injured
persons and witnesses; and
Ili. The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
I
he additional Insured, the additional Insured
must:
1. Immediately record the specifics of the
claim or "suit" and the data received; and
ii. Notify us as soon as practicable,
The additional insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable,
c. The additional insured must immediately send
us copies of all legal papers received in con-
nection with the claim or "suit", cooperate with
us in the investigation or settlement of the
claim or defense against the "suit", and oth-
erwise comply with all policy conditions,
d. The additional insured must tender the de-
fense and indemnity of any clalm or "sult" to
any provider of other Insurance which would
cover the additional insured for a loss we
cover, However, this condition does not affect
Whether this Insurance provided to the aft -
tlohal insured is primary to that other insur-
ance available to the additional insured which
covers that person or organization as a
named Insured,
4. The following Is added to the DEFINITION$ Sec-
tion:
"Written contract requiring Insurance" means that
part of any written contract or agreement under
which you are required to Include a person or or-
ganization as an additional insured on 'his Cover-
age Part, provided that the "bodily Injury" and
"properly damage" occurs and the "personal in-
jury" is caused by an offense committed:
a. After the signing and execution of the contract
or agreement by you;
b, While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period
Page 2 of 2 0 2008 The TI'avelers Componles, Inn, CG D4 14 04 08
COMMERCIAL GENERAL LiABh -Ty
POLICY NUMBER: 6301158PO20 ISSUE DA T E: 111312012 -13
THIS ENDORSEM ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This ondorsernent modules insurance provided under the following:
COMMERCIAL GENERAL LIA131LITY COVERAGE PART
SCHEDULE,
Name of Person or organization:
AS REQUIRED BY WRITTEN CONTRACT
(It no entry appears above, information required to complete this endorsement will tae shown In the Declarations
as applivabie to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US Condition (Section IV-
COMMERCIAL GENERAL LIABILITY CONDITIONS)
is amended by the addition of the following:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because at paymants we; make far injury Or
damage arising out of your ongoing operations or
your work" done under a contract with that person
or organization and included in the "products•
compioted operations hazards." This waiver applies
only to the person or organization shown In the
Schedule above
cG 24 04 10 93 Copyright, Irsuranee Si Office, tltc.. 1942 Page 1 of 4
COMMERCIAL AUTO
8101158PO20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by the endorsement,
GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any
Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage Is excluded or limited by such an endorsement. The following listing is a general cover-
age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties; and what is and is not covered.
A, BROAD FORM NAMED INSURED
B, BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE —GLASS
PROVISIONS
A, BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who is
An Insured, of SECTION 11 — LIABILITY COV-
ERAGE:
Any organization you newly acquire or form dur-
ing the policy period over which you maintain
50% or more ownership interest and that is not
separately Insured for Business Auto Coverage,
Coverage under this provision Is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.
B. BLANKET ADDITIONAL INSURED
H, HIRED AUTO PHYSICAL DAMAGE — LOSS
OF USE — INCREASED LIMIT
1. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES - INCREASED LiMIT
J. PERSONAL EFFECTS
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT
OR LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
executed by you before the "bodily injury" or
"property damage" occurs and that Is in effect
during the policy period, to be named as an add -
tfonai insured is an "insured" for Liability Cover-
age, but only for damages to which this Insurance
applies and only to the extent that person or or-
ganization qualifies as an "insured" under the
Who Is An insured provision contained in Section
II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II — LI-
ABILITY COVERAGE:
The following is added to Paragraph c. in AA., An "employee" of yours Is an "insured" while
Who is An insured, of SECTION 11— LIABILITY operating an "auto" hired or rented under a
COVERAGE: contract or agreement in that "employee's"
name, with your permission, while performing
Any person or organization who is required under duties related to the conduct of your busi-
a written contract or agreement between you and ness.
that person or organization, that is signed and
CA T3 5303 10 to 2oto The Travelers indemnity Company, Page 1 of A
includes coGytBhled rretenai of insurance services Of6ee, ins, with Its permission.
COMMERCIAL AUTO
2. The following replaces Paragraph b. in B.S.,
Other Insurance, of SECTION IV — BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:
(1) Any covered "auto' you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a Contract in
that individual "employee's" name,
with your permission, . while perform -
ing duties related to the conduct of
your business.
However, any "auto" that is [eased, hired,
rented or borrowed with a driver is not a
covered "auto ".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who is
An Insured, of SECTION It — LIABILITY COV-
ERAGE:
Any "employee" of yours Is an "insured" while us-
Ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
t. The following replaces Paragraph A.2.a.(2),
of SECTION It — LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (in-
cluding bonds for related traffic law viola -
Ilona) required because of an "accident"
we cover. We do not have to furnish
these bonds.
2. The following replaces Paragraph A.2.s.(4),
of SECTION II — LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, Including actual
loss of earnings up to $500 a day be-
cause of time off from work.
F. HIRED AUTO — LIMITED WORLDWIDE COV=
ERAGE — INDEMNITY BASIS
The following replaces Subparagraph (5) In Para-
graph B,7., Policy Period, Coverage Territory,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS:
(5) Anywhere In the world, except any country or
jurisdiction while any trade sanction, sm-
bargo, or similar regulation imposed by the
United States of America applies to and pro-
hibits the transaction of business with or
within such country or jurisdiction, for Liability
Coverage for any covered "auto" that you
lease, hire, rent or borrow without a driver for
a period of 30 days or less and that is not an
"auto" you lease, hire, rent or borrow from
any of your "amployeas ", partners (if you are
a partnership), members (if you are a limited
liability company) or members of their house-
holds.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(1) You must arrange to defend the "in-
sured" against, and investigate or set-
tle any such claim or "suit" and keep
us advised of all proceedings and ac-
tions.
(11) Neither you nor any other involved
"insured" will snake any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "Insured" against, or
in the settlement of, any claim or
"suit°.
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
Injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our consent, but
only up to the limit described in Para-
graph C., Limit Of insurance, of SEC-
TION 11— LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investiga-
tion of such claims and your defense
of the "insured" against any such
"suit ", but only up to and included
within the limit described in Para-
graph C., Limit Of Insurance, of
SECTION It — LIABILITY COVER-
AGE, and not in addition to such limit.
Our duty to make such payments
ends when we have used up the ap-
plicable limit of Insurance in pay -
monts for damages, settlements or
defense expenses.
(b) This Insurance is excess over any valid
and collectible other Insurance available
Page 2 of 4 d32C10 The Travetars indemnity Company. CA T3 53 03 10
ImIudes coppighted material of insurance SeMoes Oi?ce, ire, with Its pe"t Ission.
to the "Insured" whether primary, excess
contingent or on any other basis,
(c) This insurance is not a substitute for re-
quired or compulsory insurance In any
country outside the United States, Its ter-
ritories and possessions, Puerto Rico and
Canada,
You agree to maintain all required or
compulsory Insurance in any such coun-
try up to the minimum limits required by
local few. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
some extent we would have been liable
had you compiled with the compulsory in-
surance requirements.
(d) it is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE —GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION IiI — PHYSICAL DAMAGE
COVERAGE;
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Para-
graph AA.b., Loss Of Use Expenses, of SEC-
TION III — PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for anyone "accident'.
L PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
SECTION IIi — PHYSICAL DAMAGE COVER-
AGE:
We will pay up to $60 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.
COMMERCIAL AUTO
J. PERSONAL EFFECTS
The following is added to Paragraph A.4„ Cover-
age Extensions, of SECTION Iii — PHYSICAL
DAMAGE COVERAGE:
Personal Effects
We will pay up to $400 for "loss" to wearing ap-
parel and other personal effects which are:
(1) Owned by an "Insured "; and
(2) In or on your covered "auto ".
This coverage applies only In the event of a total
theft of your covered "auto ".
No deductibles apply to this Personal Effects
coverage.
K. AIRBAGS
The following is added to Paragraph B.3., Exclu-
slons, of SECTION III — PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto " you own that in-
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "aute is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c, The airbags were not Intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss ".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a„ of
SECTION IV— BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representa-
tive prompt notice of the "accident` or "loss" ap-
plies only when the "accident" or "loss" Is known
to:
(a) You (if you are an individual);
(b) .A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);
(d) An executive officer, dlractor or insurance
manager (if you are a corporation or other or.
ganization); or
(a) Any "employee" authorized by you to give no-
tice of the "accident" or "losa%
CA T3 53 03 10 02010 The Travelers Indemnity company. Page 3 of 4
Inoludes copyrighted material of Insurance Services office, Inc. with its permisslon.
COMMERCIAL AUTO
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.S., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS:
5, Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract
signed and executed prior to any "accident"
or "loss ", provided that the "accident" or 'loss"
arises out of operations contemplated by
such contract. The waiver applies only to the
person or organization designated In such
contract.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph 6,2., Con.
cealment, Misrepresentation, Or Fraud, of
SECTION IV —BUSINESS AUTO CONDITIONS'
The unintentional omission of, or unintentional
error in, any Information given by you shall not
prejudice your rights under this insurance. How-
ever this provision does not affect our right to col-
lect additional premium or exercise our right of
cancellation or non - renewal.
Page 4 of 4 m 2WO The Travelers indemnity Company, CA T3 53 03 10
Includes ccpyrighted material atinsuranw SerAms OF$ce, lnc. %th its permission.
NEWPORT BEACH
City Council Staff Repor;
Agenda Item No. 6
February 26, 2013
i iF A i
FROM: Public Works Department
David a Webb, Public Works
949-644-3311, tw "' s t ♦P t o r to
PREPARED i Ardrilega Y Senior Civil Engirmer
949-644-3347, or-clK—*qa-&Mgrke—achca.02y-
A
"nl� r
Approval . of 4 ! Agreement with Wilklan
Geotechnical; and Amendment No. 3 to Professional Services
Agreement with PSOMAS for the Corona del Mar Water
Transmission
"M
. �.
The Corona del Mar Water Transmission Main project will require geolechnic al and material
testing as well as specialty inspection services during construction. The City requested
proposals from three firths and selected Willdan Geolechnical (trdilidan) to perform the testing
and specialty Inspection services for this project.
Additionally, the contract dollar amount for design and construction support services provided
by PSOMAS under their existing agreement has almost been reached. Due to Increased
work necessary during the design phase as well as a need for additional construction support
services, increased contract funding Is needed to support these design and construction
services.
*, •
Approve the Professional Services Agreement with Willclan in the amount of
2. Approve Amendment No. 3 to the January 25, 2011, Professional Services Agreement
with PSOMAS increasing the compensation by $55,912 for additional design and
construction tt. and authorize the Mayor and City Clerk to :
amendment.
I of 38
Approval of Professional Services Agreement with Wilidan and Amendment No. 3 to
Professional Services Agreement with PSOMAS for the CDM Water Transmission Main
February 26; 2013
Page 2
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for the Professional Services
Agreements associated with the Corona del Mar Transmission. Main project. Funds are
available in the CDM Transmission Main. Project Account No, 7511- C6002008.
DISCUSSION.
The City's 1998 Water Master Plan identified the need for a new water transmission main.
from Big Canyon Reservoir to the Corona del Mar (CDM) area to provide redundancy,
improve supply pressures and increase fire supply flows. The City completed a preliminary
design alignment analysis report in January 2001 for the CDM Water Transmission Main.
The report recommended an alignment using the street of Pacific View Drive, San Miguel
Drive and MacArthur Boulevard for the new transmission main. In 2007, the City completed
an update to the Water Master plan and reconfirmed the need for this transmission main. In
addition, other water main improvements were identified in the CDM area.
This project calls for a new 30 -inch water transmission main extending from the existing, 30-
inch main in Pacific View Drive down the recommended alignment to the existing 30 -inch
main at the intersection of East Coast Highway and MacArthur Boulevard. Additionally, a 24-
inch transmission main will be constructed in Carnation Avenue from East Coast Highway to
Bayside Drive to replace an older main in Goldenrod Avenue,
The project will also relocate the City s regulator structure with the Metropolitan Water District
System (CM -1) out of the Coast Highway right -of -way In East Coast Highway at Fernleaf
Avenue to a new location at Dahlia Avenue.
Public Services Agreement with Wilidan
In accordance with Council Policy F -14, on December ° 17, 2012, staff invited three firms to
submit proposals for geotechnical and material testing and specialty inspection services for
the water transmission main improvement project. Three proposals were received on
January 7, 2013_ A team of Public Works staff members familiar with water main projects
independently reviewed the proposals and evaluated each firm's qualifications, past
experience on similar projects, and availability before ranking Wilidan as the most qualified.
Upon selection, staff negotiated with Wilidan to provide geotechnical and material testing and
specialty inspection services for a not-to-exceed fee of $187,400.00; Wilidan has
satisfactorily completed similar water main testing and inspection services for the City in the
past.
The scope of work for Wilidan includes the following:
Geotechnical Services
• Onsite soil technician during trenching operation.
• Aggregate base and asphalt density testing.
• Engineering support, test reporting and QA/QC services.
• Inspection for archeological artifacts and paleontological remains.
2 of 36
Approval of Professional Services Agreement with Willdan and Amendment No, 3 to
Professional Services Agreement with PSOMAS for the CDM Water Transmission Main
February 26, 2013
Page 3
Materials Testmul
• Provide onsite lead inspector, with all applicable licenses, for the pipeline installations.
• Inspect structural steel welds and bolting.
• Inspect structural concrete elements and mortar joints. Photograph each joint.
• Engineering support, test reporting and QA/QC services,
Amendment to Professional Services Agreement with P80MAS
Council awarded the design contract to PSOMAS on JanuM 25, 2011, During the design
processes additional services were requested by staff through approval of two previous
amendments. This amendment No. 3 to the agreement will increase compensation by
$55,912 and account for further services necessary for the completion of the Project,
Additional work associated with this Amendment No. 3 includes:
• Modifications to design crossings at major intersections at the City request, pipeline
alignment adjustments and traffic control plan details,
• Additional team meetings to discuss final plan details.
• Additional assistance during the Bid Phase to address questions from contractors,
attend pre-bid meeting and prepare addendum.
• Assistance during the Construction Phase to review shop drawings, respond to RFI's
and prepare record drawings.
• Preparation of outreach presentation material, as requested.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378)of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item),
Attachments: A. Professional Services Agreement with Wildan
B. Amendment No. 3 to PSOMAS Professional Service Agreement
C. Location Map
3 of 36
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH WILLt1AN GEOTEGI- INICALFOR
CORONA DEL MAR TRANSMISSION MAIN PIPELINE IMPROVEMENTS
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") Is made
and entered into as of this day of February, 2013 ( „Effective DaW') by and
between the CITY OF NEWPORT REACH, a California Municipal Corporation ( "City"),
and WILL @AN GEOTECHNICAL a California corporation ( "Consultant"), whose address
is 9515 S. Sunkist Street; Suite E, Anaheim, CA 92806; and is made with reference to
the followings
RECITALS
A. City Is s municipal corporation duly organized and validly existing under the laws
of the State of California with the poWor to carry on its business as It is now being
conducted under the statutes of the State of California and the Charter of Glty.
H. City desires to engage Consultant to perform geotechnical and materials testing
and specialty Inspection services for the Corona del Mar Transmission Main
Pipeline Improvements ( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described In this Agreement._
D. The principal member of Consultant for purposes of Project shall be Ross
Khiabani, PE, GE.
E, 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 Effective Sate, and shall
terminate on December 31, 2014 unless terminated earlier as set forth herein,
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby Incorporated by reference into this Agreement. Consultant shall
diligently perform all the services described In the Scope of Services attached hereto as
Exhibit A and Incorporated herein by reference ( "Services" or "Work "). The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
4 of 36
1 TiME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services In accordance with the schedule
included In Exhibit A. in the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth In Exhibit A, If any, or perform the Services In a
diligent and timely manner may result In termination of this Agreement by City.
3.1.1 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 within two (2) days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
In writing to the Project Administrator (as defined In Section 6 below) 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or main.
4. COMPENSATION TO CONSULTANT
4.1 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 or Progress Payments Schedule 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 subconsuitent
fees, shall not exceed One Hundred Elghtyi even Thousand, Four Hundred Dollars
and 001100 (187,400.00) 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.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultants 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.
4.3 City shall reimburse Consultant only for those costs or expenses,
specifically Identified in Exhibit B to this Agreement, or specifically approved in writing In
advance by City:
WILLDAN GEOTECHNiCAL _ page 1i of 36
4.4 Consultant shall not receive any compensation for Extra Work performed
without the [)nor written authorization of City, As used herein, "Extra Work" rnearis 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
6.1 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 Ross Khlabanl, PE, GE to
be its Project Manager. Consultant shall not remove, or reassign the Project Manager or
any personnel listed in Exhibit A or assign any now or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withhold with respect to the removal or assignment of non-key personnel,
5.2 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 fumlsh the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6.3 If Consultant Is performing Inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to the City;
B. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Patrick Arcinlega, Senior Civil Engineer, or his designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement The
Project Administrator or his designee shall represent City In all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant In the execution of Its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant Information on file at Clty. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule,
8, STANDARD OF CAPE
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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
WILLDAN GEOTECHNICAL Page 3 of 36
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms pot forming similar work Linder slinflar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws; and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep In full force and effect during the term hereof, at Its sole cost and expense, all
licenses, penTilts, 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
8A 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, acts of God, or the failure of City to furnish timely Information or to
approve or disapprove Consultanfis Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall Indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily Injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments'
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claime), which may arise from or In any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement Including, without limitation,
defects in Workmanship or materials or Consultants presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or emissions of
Consultant, Its principals, officers, agents, employees, vendors, suppliers, consultants,,
subcontractors, anyone employed directly or Indirectly by any of them or for whose acts
they may be liable or any or all of them).
92 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to Indemnify the Indemnified Parties from any Claim arising from the
sole 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.
WILLDAN GEOTECHNICAL Page 40f 36
lit, INDEPENDENT CONTRAC:"TOR
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. No
civil service status or other right of employment shall accrue to Contractor of its
employees. Nothi
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 (26 %) or more of the assets of the corporation, partnership or joint
venture.
The subcontractors authorized by City; If any, to perform Work on this Project are
identified In Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor, Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City Is an Intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the CH. , Except as specifically authorized
herein, the Services to be provided under this greement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
17. OWNERSHIP OF DOCUMENTS
171 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;
17.2 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
dellverables 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, COMPUTER D15LIVERASLES
All written, documents shall be transmitted to City In formats compatible with
Microsoft Office and /or viewable with Adobe Acrobat.
WILLDAN GEOTECHNICAL Page 6 o 36
19. CONFIDENTIALITY
All Documents, including drafts, prellininaty drawings or plans, notes and
communications that result from the Services In this Agreement, shall be kept
confidential unless City expressly authorizes In writing the release of Information.
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 or alleged Infringement of any United States! letters patent, trademark, or
copyright, Including costs, contained In Consultants Documents provided under this
Agreement
21. RECORDS
Consultant shelf keep records and invoices in connection with the Services 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, date, 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 withheld payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding, Consultant shall have an
immediate, right to appeal to the City Manager or hWher 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 Section is Intended to limit City's rights under the
taw or any other sections of this Agreement.
WILLDAN GEOTECHNICAL Pagelyof36
24. CITY'S FtlGi- T TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 The Consultant or Its employees may be subject to the provisions of the
California Political Deform Act of 1974 (the "Act'), which (1) requires such persons to
disclose any financial Interest that may foreseeablybe materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeabiy financially affect such Interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act, Failure to de so constitutes a material breach and Is grounds for immediate
termination of this Agreement by City. Consultant shalt Indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
261 All notices, demands, requests or approvals, Including any change in
mailing address, 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 malt, addressed as hereinafter provided. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: Patrick Arciniega, Senior Civil Engineer
Public Wotics
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone', 949 °644 - 3311
Fax; 949- 644 -3318
26,2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at
WILLDAN GEOTECHNICAL Page! $of 36
Attn: Ross Khlabani, PE, (3E
WILLDAN GCVO TECHNICAL
1615 South Sunkist Street, Suite E
Anaheim, CA 92806
Phone: 714-634-3318
Fax: 714-634-3372
27. CLAIMS
Unless a shorter time is specified elsewhere In this Agreement, before making Its
final request for payment under this Agreement, Consultant shall submit to City, In
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made In
writing and Identified by Consultant In writing as unsettled at the time of its final request
for payment. The Consultant and the City expressly agree that In addition to any claims
filing requirements set forth in the Agreement, the Consult-ant 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
28.1 In the event that either party falls 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 falls 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.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at anytime by
giving no less than 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. STANDARD PROVISIONS
29.1 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,
WILLDAN GEOTECHNICAL Page 13 of 36
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City,
292 Waiver. A waiver by either party of any breach, of any form, 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 some or a different character.
293 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.
29,4 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.
29.5 LnteMre atio The terms of this Agreement shall be construed in
M,
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:
29.6 6_mgndme—ntq. 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.
29.7 Severablilty. 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.
29.8 Controlling Law and Yjaug. 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, State of Calfibmia,
29.9 Equal Opportunity EmplgMent. 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, age or any other Impermissible basis under law.
29.10 No Attorneys Fegs. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees,
29.11 Counterparts, This Agreement may be executed In two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same Instrument.
[SIGNATURES OWNEXT PAGE]
WILILDAN GEOTECHNICAL Page 1x30116
WiLLDAN GEOTECHNICAL Page M of 36
IN WITNESS WHEREOF, the parties have, caused this Agreement to be
oxef.i tied on tire dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORN Y' OFFICE A California municipal corporation
Date:= Date:-
BY:
Aaron "aris Keith Curry
City Attorney Mayor
ATTEST, CONSULTANT: WILILDAN
Date., GEOTECHNICAL, a California
corporation
Date:
By,
Lellani 1. Brown
City Clark
BY.—
Ross Khlabanl
Director of Geotechnical Services
Rate:
Byt
Roy Gill
Secretary
[END OF SIGNATURES]
Attachments: Exhibit .A — Scope of Services
Exhibit 8 — Schedule of Billing Rates
Exhibit C— Insurance Requirements
WILILDAN GEOTECHNICAL Page 120f 36
EXHIBIT A
SCOPE OF SERVICES
36
WILLDAN GEOTECHNICAL Page A-1
Exhibit A
rpoa�ate Doctintentatiou
corpor#atesstatars /Ownership
Wilidan Geotechnical is a division of Wilidan Engineering, it wholly-owned subsidiary= of
Wilidan Group, late., a publicly traded California Corporation, listed on the NASDAQ stock
exchalrge�
Witldan Group has provided professional consulting services to public entities since its inception
in 1964. Starting in 1999, Wilidan Group collected Its gootecholcal engineering setvices into an
operating division which did business as Arroyo Ovotechnicat until 2008, when It Was renamed
Wilidan Gootechnical to reflect fire integrated nature of all of Wilidan Group's operating
divisions.
Willdim Geetechnical's principal place of busies Is located at 1515 S Sunkist Street, Suite E,
Anaheim, California.
Management Tenure
Ross Malawi, PP, GE, is the Senior V% President and Director of Geoteclinical and
Material Testing Services of Wilidan Gcotechnical. Ross has lead Wilidan Geoteehoical since
2003, He has more than 30 years of experience providing professional gootechnieai engineering,
materials testing, and inspection services ill Southern California_
Girish Agrawal, PhD, l'E,.GF, Is the Principal Fnghtocr for Wilkhm Geotechnical, G[tish has
been with Wilidan Geotechnical since 2009,110 has nearly 20 yours of experience providing
professional geoteehnioul engineering and construction support services in California,
Joseph M. Ritchey is the Operations Manager for Wilidan Geotochnioal''x Materials Testing,
& Special Inspection Department. Joe has been with Wilidan Geotachnical since 9004, He has
over 25 years of experience providing construction inspection and materials testing services; Joe
manages and supervises the material testing; special inspectors, and deployment of Inspectors
amt technicians.
Financial 5trongt1t
'fhe Wdllran Group has sustained a healthy financial performance record due to a strong,
dependable reputation in the engineering consulting and municipal services industries, There are
no known conditions that will Impede Wtlidan's ability to successfully complete geolechnical
City of Newiwrt Beach, Aulrtto Works Depaetnront.
G2ntaehrdaaf, NftrtMWITesling. and Spada! NxrpcgYNrrr Son+k:ac
17 of 36
engineering and materials tostin linspection asslgnmcrus For the City of Neswott Beach
Departmentof public Works,
[ vgject Oidcestandin
We understand that the City of Newport Beach (City) requires gemccl aicai, special inspection,
materials testing and non- dosituct €ve testing of all Welds for the Corona Del Mar Transmission
Main Pipeline Improvement project. This project calls for the 'installation of 5,300 linear feet of
new 30" CML&TW steel pipe transmission main extending from the existing 30" main in Pacific
View Drive down the proposed alignment to the existing 30" audit at the Intersection of East
Coast Highway and MacArthur Blvd.:
An additional 2,610 linear feet of new 24" CML&TW steel pipe -wilt tie into the connection of
the now30" CML&TW steel pipe at MacArthur Blvd. and Fast Coast Highway and extend down
Carnation Avenue to tie into the existing 2W watdr main on Raysido Drive.
The work involves both open -cut and jack and bore construction„
The City's eadslhtg rdgtiletorstructure train Metropolitan Water District System (CM -1) €n, East
Coast Highway at pernleaf Avenue will be relocated to Dahlia Avenue. The existing CM-1
regulator structure will be removed and a replacement line from the ticwtrogutating structure will
tic Into the existing tiro at the old structure.
Lastly, the construction of the new CM-1 vault in Dahlia Avenue will require relo"Oug the
existing 8" sower main and installing a new 16" CML &TW sloop pipe in Dahlia Avenue and 5c,`
Avcnae,.
Scttpti Of Sea`vicos
Geotechnical
witldan C3eoteohnical understands that our efforts will be directed by the City's Construction
Manager. We propose to perform all required geotechnical observation and testing during all
phases of the proposed construction, The services will be provided in aecurdatwe with the
applicable building codes, per requirements of approved project plans, and specifications.
• Review of all the plaits and specifications. Our teant will familiarize themselves with all the
details of the project.
• Attend preconslruction meeting.
• Soil technician on site during trench excavation, pipe bedding placement, trench backtill
and jack and bore operation with engineering support on an as needed basis,- Technician
City of Newport nsaali, Public, works Department
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18 of 36
11111( =ltD,A,
shall p erfonn till necessary field testing (nuclear gauge) of compacted bacit €ill to ensue:
proper compaction for pipe bedding and roadway subsurface.
• Soils technician on site to perform all necessary aggregate base and asphalt density testing
at roadways,
• Perform as needed laboratory testing to determine soils engineering and index pivperty.
• Provide engineering support; technician coordination, engineering review, test reporting,
QA/QC, and administrative support services._
• We will promptly submit daily field- testing reports indicating information pertinent to the
work performed and their compliance or iron - compliance to tire project documents and
applicable codes: These will be provided to the owner, client and/or building official for
review.
• This written dally reports at a minitntms will inchtde, date of issue, project title and
number, name of the individual making the observation and testing, description of work
areatmaterlal tested, result of observation /rest data and Interpretation of the data, and
professional opinion as conclusions and recommendations. A sample field daily report
will be presented in the beginning of the job and approved by project construction
manager.
Materials
As stated in the Prriject Understanding section, Wiltdan understands that our efforts will be
directed by the City's Construction Manager, We arttloipate putting a lead Inspector on the project
with all applicable licenses — reinforced concrete And structural steel welding/bolting our, inspector
will Also perform dye ponetrant testing on all welds in order to reduoa the need for multiple
inspectors msite. Our designated tend inspector will also observe trench bottom and placement of
bedding around the pipe;
The lead inspector wilt coordinate with the City's designated representative in order to ensure that
nit inspections and testing requirements arc mou The lead inspector will be. supplemented by
additional staffing when deemed necessary by the City's designated representative. The following
is a list of minimum services provided-
0 Attend preconstruction and bl- weekly construction meetings,
• Review of all the plans and Specifications. Our team will famillarize themselves with all
the details ofthe project,
• iCC certified structural steel assombly /bolting inspector during all phases of structural
steel assembly /eonstruction, Review welder and material certifications prior to field
welding: Observe andlor test all bolted and welded connections per approved
planslspeeltications and applicable building code requirements.
• ICC certified reinforced concrete inspector during construction of any and all structural
concrete elements. Inspect the placement of reinforcing steel for compliance with the
city of Newpott Mach, PuMic works pspartment
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19 of 36
VVllnitl CAI
plans and specifications. Monitor the placement and QC of concrow, non - shrink grout,
anchors and epoxy. Sample and test the concreietnort shrink grout for slump,
knapefalare and comprossivc strength.
o inspect interior mortsr Joints far cracks and take photos of each jolut on as- needled basin
on 30" and 24" lines.
* _Provide engineering support, inspeetor/techniclan coordination, dispatch, material
ongtneering review, test reporting, QA/QC, and administrative support services,
* Observation and Inspection of external corrosion protection of pipe field welded Johnts.
At chsteologlenl /Pideoutologisnl Monitoring
The archaeological monitoring is to ensure that known archaeological rosouroes are not
inadvertently impacted by construction activities or equ €prnent and to identify buried
archaeological material that could be destroyed by construction. Archaeological msteriat consists
of objects modified or used by people In the post. Such material may consist of features or
artifacts, such as hearths, projectile; paints and other, stone tools or historic -age artifacts, or
features, such as r of tso deposits or foundation ivalls or footings.
The indemurriogical monitoring is to Identify buried fossil tnatorial that could be destroyed by
construction. Fossil material consists of the remain$ of plants and anituais, which existed on
earth prior to mankind. Such material may consistof fossilized bone, teeth, leaves, stems, shells,
etc.
The archaeological /paleontological monitoring will be performed under the direction of the
experts following all written and verbal safety instructions iiom the construction contractor at all
times. The only exception is €flwhen n monitor needs to temporarily either stop construction or
route construction mound a sensitive area or finds exposed by the construction activities, In those
cases, the authority to divert equipment and activities ties with the monitor and not the
construction contractor, All monitors have training and experience working around construction
equipment and will coordinate with tart applicable equipment operator to ensure the safety of all
persons in the construction urea..
City of Nowport Beach, Public works Dupartnisnt
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20 of 36
t 36
WILLDAN GEOTECHNICAL Page B -1
Bolls Tedinklan
Field Vehicle Usage..
Project Geotedurfeal Engineer
Equipment Usage - No Charge
Soil Compaction Curvery
Soil Gradation
CMS Gradation
Asphalt Max. density
Sand Equivalent
Hr
$
78
708
$"
67,244
Hr
$
6
7 90
$
31000
Fir
$
175
32
$
5,600
Hr
$
Non - Destructive Tasting- ( Dye Penetrant}
0
$
A,iO4
Ea
$
166
5
$
826
Ea
$
66
2
$
130
Ea
$
176
8
$
526
Fe
$
176
3
$
625
Ea
$
66
4
$
280
i �unrutvtttH ua�rrvtu��
$
68
110
Technician Field (interior inspection & Photos)
Hr $ 76 64
$
4,800
32
TECHNICIAN SERVICES TOTALt
$
4,800
STRUCTURAL ST ELWE.WN IgOLTINC
$
32
3
Fd Welding f Bolting inspection
Hr $ 78 764
$<
66,000
Non - Destructive Tasting- ( Dye Penetrant}
Ht $ B 704
$
A,iO4
In addition to inspector rate
Adanistra8ue/Typiog Support
Engineering Review & QA/QC
Hr
$
68
110
$
7,400
Hr
$
32
60
$
1,626
Hr
$
32
175
$
6,6()0
TOTAL ESTIMATED COST: $ 187,400
t
d: �• Y t�tt Fif.ylYf #jt�{,Jif) �, f U:ik
Fee 6chedule - Personnel
Corolla Del Mar water ,fransmission Main Gonstrwooh
Gffeetivs January 1, 2013 to Project C:c mplattrtrt
w-&- ivic 3L srAF`F
f3,EQ1Et;WNf
Principal /ChlefCrigCneer /Caeolaglat.. ....:.......:.......100
Senior Gootechnicai Engineera?^,adogist- .
_.175
Project snglneadGeologist ... .... .......... . ....... ....... I..,,.'f50
Senior Mafflwn9tneer /Geologist ..... .., . ...... ............... .,.,..120
Staff EntlinporlGeologist ,. ............ ............... .....».,100
Sr. Soft Technician ( Nutt- preyailing Wages) __....
f0
Sr. Soli'1'schnlcian(Prevailing Wages)
78
Sell Technician (No"rovelling Wages) .......
70
Soil Technician (Prevailing Wages), ,......78
Sf$7ML.tM MOA
Constrtrctlon Material Englneer,.....: ........ ... ................ .:
155
Supervisor ......
1 t0
Special inspection (Non - Prevailing Wages) ....
.80
Special Inspection (Prevailing Wages) ..... .....76
Goncrets Test Report.... ......... ». „,...
10
ADMItUfStRATIVE. '
Computer Date Entry ........ ....78.04
Clerical ... .... 75'00
WotdProcassing ................... „.... :,....,,., „,,...,tiO.Qt!
ComputerTlme ............ ........ 15.06
CADOporatw..� ...... .............. „..., ....... 86.00
rmtwv t wine 3s
Principal Engtnaer/GO clog!
st ....... 350.00
Sta(Passbarnsntsctrpand on avalratd£ity ofpersonnel, alts tocalleM end the level ofmparlence thatlefisall*t to te"calmulromentsof
thaprojectandmeottho prevsGingstandardofprofnssronai cars, The - show sohadula Isrnrs�tralght time, Overtimawlilbe charged at1,6
those, end. Sundayeand ftoNdays,.2.0 times the standard rates. Tr'avoldme to and from thajob s4e w0l be charged atthe hotely, miss (or the
apPaMriate persasnel. Blueprinting, reproduotion, mosaongor sorvfcos, and ng will be fnvolood. of cost plus Mesa percent (16%).A
subconsultant monagiamentfee of frfleen percent (16%) Alf be added to” d Vol nr cost of all suboonsuttantservioos to proAdo for the cast
ofadmhfisBagan, oonoprita0on, anii eucrct6ration.
Page f of 2
23 of 36
#v« o St "he'duk:.. Laboratory
Corona Del Mgr Water Transmission Main Construction
lfedva Jowly 1, 2013 to ftro*t Comprotion•
1dentfffeaflcfn t vc( Its 7f Prbpordes
In -Sftu Moisture and Density (ASTM D2937) ....„ .......311.00
Grain Size Analysis (ASTM 17422)
Steve Only (a "to##200) ......... ...«.. .., .......,70:00
Sieve and Hydrometer - ......... .,.,... „,,.......120.00
Percent Passfurg##200 Sieve (ASTM D1t40) .......:..... 50.00
Atterberg Limits (ASTM D4318)
Multi Point ........ .... .......... ...... .... 110.00.
One Point .... ................ ..... . 75,00,
Specific Gravity (ASTM D359) --- «..---- ... ..,.., 75,00
Send Equivalent (ASTM 02419) „... ....:........... 76,00'
Modified Procter Compaction (ASTM D1557)
Method A or S (4” Mold) 155.00
Method Aor8(5 "Moil), ...175.00
Compaction, California 216 .:. :, , ....180,00
CaHtarrila Soodatt Ratio CSR (ASTM 01 883)
«.......4W5 00
.......... ................260,00
slYBar 3t�r�nglh:
Totvanaf ?ot of Peztetrorrletat ..:....... ............................... 15-00
Direct Mar- • par point
Consolidated - Drained per pt. (A3TM 03000);...,.,.,., „.... 85.00
Reshklal per [A ...:....M 120.00
Unconfined Compression (ASTM 021X10) ...... ... 120.00
Unconsohleted- Undralnad (VU) ......... ................ iS100
Asphalt res$'S
FxtractIon /Aspha#t . ........... . ... ........ .. ....... .......................... 185
Hveenuftrs(tdMarlmum tensity ... .................. ....,,.. «,.... 220
Wash Gradation , 100
50 ylinf. WdAdan will not accepf contaminated samples.
results.
A111 P.1 rail I 11 Ctpl
S�.
onsolfd�110111Cf USP90 4111(18W611 1'G4Sf9
Consolidation (ASTM D2456)
8 toad Increments Wone Ume- rake .............. w,...... 9
.70,00
ItUo
125:00
Constant Head (ASTM 02484) ...u.._.» ....... ......... 235:00
Failing #-leadf =lexible Wall (ASTM D6084)......: , .....205.00
Trlax#al Permeability (EPA 9100), .,....,..330.00'
C irietwow'resin
Corroslvddy(pH, resistivity, suifadea, chlarides).,.«.. ... ,156,00
Organic content (ASTM D2974)--1--'1... .........70.00
Construction iwatvvfn! testing
5 x11 Concrete Cyllnder(C39) ........ ......:... ........30.00
2 ", 4 ", 0" Diameter Concrete Cara$ (Test Only)...... ..... 30.00
Tutrutar and Grant, Cylinder and GUbes,;. :.. . .........20.0
Reinforcing Steel, Tensile and Band rests.. ..,,..45.00
Cylinder* P# @h -up- ......... .......45.00
samples will
,�'
Page 2 of 2
6nnineedno I QtiWOCiA'leel I EavImnmental I Himidal I HomelaraiS erhy
714.Cia4,2318 1 taxi 7MA34237 1 INS S. SOW .Street, Suite E, Anaheen, CA 9'2004.1 y„vr mwfiWan.eom 24 of 36
INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES
1,1 Provjsion of 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. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage,
1.2 Accebtable 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 Bests Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Re, cul irements,
1.3.1 Workers' Compensation Insurance. Consultant shalt maintain
Workers` Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily Injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, $action 3700 of the Labor Code.
1.31.1 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:
1.3.2 General Liability Insurance, Consultant shall maintain commercial
general liability Insurance, and If necessary umbrella liability Insurance, with coverage at
least as broad as provided by Insurance Services Office form CO 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products- completed operations, personal and advertising Injury, and liability
assumed under an Insured contract (including the tort liability of another assumed In a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract,
1,33 Automobile Liability Insurance: Consultant shall maintain
automobile Insurance at least as broad as Insurance Services Office form CA 00 01
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 -awned or rented vehicles, In an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
tae
WILLOAN GEOTECHNICAL Page CA
`1.3,4 Professional Liabiity Ermrs & Qmissionsj tnsurance. Consultant
:hall 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) per claim and in the aggregate; Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other insurance Reduirements. The policies are to contain, or be
endorsed to contain, the fallowing provisions:
1.4.1 YValver 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 toss; Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of Its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
oficials, employees, and agents shall be included as Insureds under such policies.
1.4.3 PrIMLily and Non Corrtributory, Ali liability coverage shall apply on
a primary basis and shall not require contribution from any Insurance or self - Insurance
maintained by City.
1.4.4 Notice of Cancellation. Ail policies shall provide 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.
1.6 , Additional Agreements between the Parties. The parties- hereby agree to
the following:
1.6;1 Evidence 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 and other endorsements
as specified herein for each coverage, 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
Agreement City reserves the right to require complete, certified copies of all required
insurance policies, at any tli e,
1.5.2 City's Riaht to Revlse Reauiraments; The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
f 36
WILLDAN GEOTECMNICAL Page C -2
such change, if such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consulterifs compensation;
1.5.3 Enforcement of Agreement 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.
1.5.4 RegulreMnts not Limiting; Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements; or a waiver of any coverage normally provided by any
Insurance. Specific reference to a given coverage feature Is for purposes of clarification
only as It pertains to a given issue and is not intended by any party or Insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self insured Detentions. Any self Insured retentions must, be
declared to and approved by City, City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- Insurance will not be
considered to comply with these requirements unless approved by Clty»
1.5,6 City Remedies forNon Comp fan If Consultant or any
subconsultent falls to provide and maintain insurance as required herein; then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
Insurance is provided. Any amounts paid by City shah, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 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, and that involve or may involve
coverage under any of the required Ilabillty policies,
1.5.3 Consultant's. 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;
f
WILLDAN GEOTECHNICAL Page C -3
Wolmliiffil
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
CORONA DEL MAR WATER TRANSMISSION MAIN
THIS AMENDMENT NO. THREE TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Amendment No. Three") is made and entered Into as of this day of
February, 2013 ("Effective Date) by and between the CITY OF NEWPORT BEACH, a
California Municipal Corporation ( "City"), and PSOMAS, a California corporation
( "Consultant "), whose address Is 3 Hutton Centre Drive, Suite 200, Santa Ana, CA
92707 and Is made with reference to the following
RECITALS
A. On January 25, 2011, City and Consultant entered into a Professional Services
Agreement ( "Agreement') for engineering design and construction support
services for a 30" water transmission train on Pacific View Chive, down San
Miguel Drive and MacArthur Boulevard to East Coast Highway ( "Project ").
B. On January 26, 2012 City and Consultant entered Amendment No. One to the
Agreement to increase the Scope of Services and the Total Compensation
( "Amendment No. One "),,
G. On July 20, 2012 City and Consultant entered Amendment No. Two to the
Agreement to Increase the Scope of Services and the Total Compensation
( "Amendment No. Two "),
D. City desires to enter Into this Amendment No. Three to reflect additional services
not Included in the Agreement and to increase the Total Compensation,
E. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it Is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to Include the Scope of
Services dated December 10, 2012, attached hereto and incorporated herein by
reference ( °Services" or "WoW), The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
2:1 Exhibit B to the Agreement shall be supplemented to include the Schedule
of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B, and
Incorporated herein by reference,
2.2 The introductory paragraph to Section 4 of the Agreement is amended in
Its entirety and replaced with the following: "City shall pay Consultant for the Services.
28 of 36
on a time and expense not-to-exceed basis in accordance with the provisions of this
Section and the Schedule of Billing Dates or Progress Payments Schedule 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 Four Hundred Thirty Two Thousand
Thirty One Dollars and 001100 ($432,031.00) 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,"
1100FITRUTITTIVITPIRPTRIUM
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be In full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No, Three to
be executed on the dates written below,
ATTEST;
Date:
Lellani 1, Brown
City Cleric
CITY OF NEWPORT BEACH,
A California municipal corporation
By:.
Keith D. Curry
Mayor
CONSULTANT; PSOMAS, a California
corporation
Date.,
By:
Joseph L. Boyle
Vice President
By:
Debra Tilson Lambeck
Secretary
Attachments: Exhibit A -- Scope of Services dated December 10, 2012
Exhibit B — Schedule of Billing Rates
._..., r��....� r. _ _. ..
PSOMAS _ ....9 of 36
EXHIBIT A
SCOPE OF SERVICES DATED DECEMBER 10, 2012
PSOMAS � Page A- of 36
Naming tim Natsrot and Bulk Em*wiswnt
December 10, 2012.
Mr. Patrick Arciniega, PE
CITY OF NFWPORT BIGACII
PUBLIC WORKS' DEPARTMENT
7300 Newport Boulevard'
Newport Beach, CA 92659
Subject; City of Newport Beach,PubllaGWorksDepartment
CDM Transrnission Pipeline Improvements Project
Design Contract Amendment Request
Dear Mr, Arciniega
Pursuant to our 90% and 100% Comment Review cnectings with the City, this letter sotmarizes the
additional work effort by Psomas to address the requested design changes to the CDM Transmission
Pipeline Improvements project. Mie attended meetings with the City on October 3I, 2012 and
November I, 2012 to review 90% submittal comments orrd participated in subsequent telephone
discussions on November 6 and November 15, Another meeting was held on November 2b to review
file City's comments on the 100% plan and specifications submittal.
We respectfully request nu amendment to our current design contract to allow execution of this
additional work effort, °fife following addifletial scopc o€ services is anticipated.
PHASE 2 — DESIGN
A, Revisions to Pipeline Alignment
(1) 90% Design Submittal - At the 90 °la design review meeting on October 31, 2012, the
City provided review comments with design changes that were not part of the original
design scope, In subsequent emalls and conference calls on November 6a` and 15",
respectively, the City requested additional changes to the design plates. Psomas requests
additional budget for this extra work effort as itemized below.,
a, Modify the profile of the alignment on Sheet I i (San Miguel Dr at San Joaquin Frills
ltd) and reroute the imerferiug crossing utilities, including the 16 -inch water main
(near Station 73+20) and 6 -inch water lateral (near Station 37 +60). New
reconstruction details for these utilities are required. Modifies Sheets' 11 and 18,
b. November a request to revise the alignment at the intersection
East Coast Highway and MacArthur Boulevard based on a redlined
sketch provided via emailed PDF. The work effort included aNneoncnntmoM
revisions to the alt ment, rofile, re-stationing, nd adjustment of 60110200
l! g' n esraamn CA U707
call-outs, Modifies Sheets 6,13 and 19, ;ni 714.76t:7s73
F"7f4.54 M63
X"NNi,(t9tilna5_Cknl
31 of 36
Nit Patrick /imhuap,PU
Page 2 00
mmabex 10, 20 t2
2NEw060400
o. November 16" request to revise the alignment at the intersection Gast - Coast
Highway and MacArthur Boulevard based on a redlined sketch provided via etnalled
PDF, Since the first revision was already addressed; the second request for revision
required re- working of the same plan sheets. The work effort included revisions to
the alignment, profile, -re- stationing, and adjustment of call -ot ts..Modifies Sheets 6,
13 and 19.
(2) 100% Design Submittal -At the l00% design subutittad review meeting on November
26, 2012, the City provided review comments with design changes that were not part of
the original design scope. Psomas requests additional budget for this extra work effort as
itemized below;
a. Modify the plan and profile of the alignment on Sheet 6 (Macarthur Boulevard at
East Coast Highway), remove General Note 45 on Sheet 2 and revise the alignment
for Lateral "N'. Requires reworking of the steel pipe bend per M11. Modifies
Sheets 6 and 19.
b. Modify the regulator valve vault abandonment detail to show a two foot neck of the
access manhole and a modified cut line of the vatdf walls to avoid unnecessary
encroachment into the No, 1 traffic lane on Bast Coast Highway. Send a PDP of
revised detail to the City for review and comment then address any comments.
Modifies Detail 1 on Sheet 17.
B. Revisions to Traffic Control Plans
(1) 90% Design Submi
Mr: Vatriek rlydniega, PG
Page 3 oF3.
December 10, 2412
2NMY060400
C. 'foam meetings
In our original proposal (and City's RFP) and previous amendments, nine (9) meetings were
included In the budget. Two additional meetings were held for the 90% Design Review and
100% Design Review to discuss the traffic control plan comments and requested changes,
We request additional budget fax these unanticipated meetings including teleconference calls
made to clarify comments or request further direction.
1}. Bic] Phase Services
'
(I) Provide Bid Phase assistance including attendance of pro- bid 'meeting, address
questions from contractors and prepare one addendum, as necessary.
(2) Provide graphic support to City for public outreach map and/or figure.
PHASE 3 — CONSTRUCTION PHASE SERVICES
A, Additional Construction Phase Services
As part of Contract Amendment Nos. t and 2 the City added additional length to the project
alignment, Including the segment firm East Coast Higbwayto Pernieaf Avenue, the segment
along Dahlia Avenue and S Avenue (from Past Coast Highway to FornieafAvenue) and the
valvo .relocation at Sun Miguel Padc, The - previous amendment requests excluded additional
biddingleonstruction phase services related to these additional segments,'rherefore we have
included additional hours for responding to, itFt`s, review of shop drawings and preparation.
of record drawings.
We respectfully request you review the attached Exhibit 1'f3" identifying the effort to address
additional scope items. Please consider our request for an amendment and do not hesitate to contact
myself or Neha Ga)jar with any questions you may have.
Sincerely,
P S 0 M A S
(..'BSo eph b. oyle, .B.
Sex #tzar Project monager
Vice President
33 of 36
EXHIBIT B
SCHEDULE OF BILLING DATES
PSOMAS PaggeaRi
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