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HomeMy WebLinkAboutC-3968(A) - PSA for Eastbluff Drive Street Rehabilitation0 -0 C -'Ag PROFESSIONAL SERVICES AGREEMENT WITH DMS CONSULTANTS, INC FOR EASTBLUFF DRIVE STREET REHABILITATION THIS AGREEMENT is made and entered into as of thisl day of f 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and DMS CONSULTANTS CIVIL ENGINEERS, INC., a California Corporation whose address is 12377 Lewis Street, Suite 101, Garden Grove, California, 92840 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to rehabilitate the deteriorated asphalt concrete pavement at the following locations: 1) Eastbluff Drive from Jamboree Road to Jamboree Road, 2) Vista del Sol from Eastbluff Drive to Vista del Oro, and 3) Vista del Oro from Vista Flora to Vista Trucha. C. City desires to engage Consultant to prepare construction documents for the rehabilitation of Eastbluff Drive. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Surender Dewan, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2008, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty Nine Thousand Eight Hundred and Sixty Five Dollars and no /100 ($69,865.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any E reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated SURENDER DEWAN, P.E. to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Andy Tran, P.E. shall be the Project Administrator and shall have the authority to act 3 0 0 for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel- required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Gonsultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. N 0 9. HOLD HARMLESS 0 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence, or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in. the work to be performed. City agrees to cooperate with the Consultant on the Project. r ■ 0 12. CITY POLICY • Consultant shall discuss and' review all matters relating to policy and Project direction with City's Project Administrator in. advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all O • • Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and nut contributory with the insurance provided hereunder. VA • i iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST- ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the _ Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed .under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared. by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 0 e 19. CONFIDENTIALITY • All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, 'officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect .to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 10 • 0 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the . "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Andy Tran, P.E. Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3315 Fax: 949 - 644 -3308 11 • 0 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Surender Dewan DMS Consultants Civil Engineers, Inc. 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 Phone: 714 - 740 -8840 Fax: 714- 740 -8842 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance" of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. kip "ArwiA:7 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. 1K • 31. INTEGRATED CONTRACT 0 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant- represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 • 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: ✓ City Attorney - for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CINI RT BEACH, A I ' al ( orp ration for the City of Newport CONSULTANT: By: (Corporate Officer) Title: V'Y,1 l Aj.,AA Print Name: VG�� By: l (Financial) Officer) Title:— Title: 1,4' -ee-e1 Print Name: JUwCU -d'& ){evzt.. Attachments: Exhibit A – Scope of Services Exhibit B – Schedule of Billing Rates f: \users\pbw\shared\agreements \fy 07- 0Mms- eastbluff rehab.doc 14 :DLR*DMS August 24, 2007 • FAX MO. :714- 740 -8842 .wug. 29 2007 10:28RM P1 D-11Tw-1 = CONSULTANTS, INC. C I V I L E N G I N E E R S Mr. Andy Tran City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Proposal for Professional Civil Engineering Services: Eastbluff Drive from Jamboree Road to Jamboree Road Vista Del Oro from Vista Flora to Vista Trucha Vista Del Sol from Eastbluff Drive to Vista Del Oro Dear Mr. Tran: DMS Consultants, Inc. is pleased to presentthis proposal to provide professional civil engineering services for the subject project. Mr. Surender Dewan, P.E., would be assigned as the Project Manager of this project. As such, Mr. Dewan would be responsible for the overall scheduling and budget control and would be available to meet with the City staff to discuss the project as required. 1 hope that our past experience, record of performance and sincere interest in working with the City of Newport Beach, will result in a favorable consideration. We look forward to the opportunity of working with you and your staff. Sincerely, DMS Consultants, Inc. A�� L Dewan, P.E. President 07- EastBluff0r.PRO 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tel: 714- 740 -8840 • Fax: 714 -740 -8842 FROM :DLA *DMS i FAX NO. :714- 740 -8842 oug. 29 2007 10:29W P2 EXHIBIT "A" PROJECT UNDERSTANDING There are three project areas in the proposed project. The first project area is Eastbluff Drive from Jamboree Road to Jamboree Road. The second area is Vista Del Oro from Vista Flora to Vista Trucha. The third area is Vista Del Sol from Eastbluff Drive to Vista Del Oro. The proposed project consists of rehabilitation of existing roadway, including reconstruction of damaged curb and gutter, sidewalk, pavement dig -outs and reconstruction of non - conforming curb ramps. Also included is reconstruction of median curb on Vista Del Sal. Services to be provided by DMS Consultants, Inc. under this proposal encompass a full range of services. These services include the following: Design Survey / Aerial Mapping V Utility Coordination Preparation of Street Improvement Plans Preparation of Signage and Striping Plans V Project Specifications Estimate of Probable Construction Costs Eastbluff Drive is a major residential collector that serves the residents of Newport Beach. Vista Del Oro and Vista Del Sol are also residential streets. The total length of the combined project is approximately two miles. Mr. Andy Tran, Senior Civil Engineer of the City of Newport Beach, has indicated that the rehabilitation treatment will namely consist of the following: Cold milling along the curb and gutter (wedge cut); Placement of leveling course to establish uniform cross slope; Construction of asphalt concrete overlay. Sections requiring reconstruction (dig -outs) will be reconstructed with AC base course to a depth to be determined by the City. 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tel: 714.740.8840 • Fax: 714.740.8842 DLR *DMS • FAX H0. :714- 740 -8842 W9. 29 2007 11:3WM P1 PROJECTAPPROACH DESIGN REVIEW MEETING • In a consultation meeting with the city, the scope of work, procedure for the project and the precise limits of the project improvements will be reviewed. • Review with city staff to obtain specific input related to city goals, and discuss preliminary issues. • Meet with city staff on a continuous, as- needed basis throughout the design and construction phases to ensure that work is expeditiously carried out in keeping with the city's requirements, • Obtain from city, record maps which provide alignment and right -of -way for East Bluff Drive, Vista Del Oro and Vista Del Sol. Also, obtain from city monument notes, tie notes, bench marks, etc. UTILITY COORDINATION Request for existing utilities plans from all utility agencies. V Notify all utilities at the start, at 70 %, and at 95% design of the location and extent of the work to ensure that all structures are properly located on the plans. A copy of all correspondence with utility companies will be provided to the city. Proposed improvements will be coordinated with utility companies in the project area_ Each utility company will be sent a "Utility Notification Letter" priorto commencement of preliminary design. v Final plans will be sent to each affected utility company prior to bidding of the work along with notification of when work is anticipated to begin. PAVEMENT REHABILITATION Rehabilitation treatment i.e., ARHM thickness and AC base course thickness to be provided by the City of Newport Beach. DESIGN SURVEY • Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls used. Set a total of sixteen (16) aerial targets. • Conduct aerial survey. Aerial survey to show spot elevations and contours at 1 foot intervals. Locate limits of broken curb and gutter as well as defective sidewalk and dig -outs. (City crew to mark limits in the field). • Conduct topographic survey and obtain street cross sections at 200 foot intervals to determine pavement cross slope. Street cross sections to show elevations at top of curb, gutter flowline, lip of gutter, edge of pavement, lane line, grade breaks, centerline, top of median curb, and finished surface at median curb. A minimum of two (2) bench marks will be used. A bench circuit will be run and closure error established, if any. Each bench mark will be established on the plans and in the survey notes. Additional temporary bench marks will be established for use during construction and identified on the plans, A report will be provided to the City containing all survey control and cross section notes. PRELIMINARY DESIGN - 70% DESIGN Prepare base maps at 20 scale using computer aided drafting (AutoCAD). Plot existing utilities, existing right -of -ways, street centerlines, etc. Prot existing cross sections. 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tel: 714.740.8840 • Fax: 714.740.8842 FROM :DLA *DMS FAX NO. :714- 740 -8842 W9. 29 2007 10:29AM P3 Superimpose proposed improvements over existing cross sections. Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is less than the minimum required or more than the maximum permissible, revise the type of proposed treatment to the street surface- If Prepare preliminary street improvement plans. • Eastbluff Drive and Vista Del Oro — plan view only (no profile) Vista Del Sol — prepare base maps on plan and profile sheets and plot existing and proposed median curb profile. Prepare preliminary signage and striping plans in accordance with the State of California Department of Transportation Traffic Manual. Prepare preliminary estimate of probable costs in tabular form. FINAL DESIGN -100% DESIGN • Evaluate cross sections and profiles for drive quality. • Prepare final street improvements plans. r Title sheet will show: Title a Vicinity and location map with plan sheet index and scale a Utility and plan legends Bench marks, basis of bearings o General and master construction notes o Standard signature and title blocks a Utility notes, contact names and telephone numbers • Plans will include: a Topography between right -of -way and beyond as necessary C3 Right -of -way limit lines Construction notes n Typical sections and details o Top of median curb profile . Prepare final striping and signage plans. Final plans to include: e Removal and /or construction of existing andlor proposed traffic features where applicable o Traffic striping (traffic lanes, crosswalks, etc.) o Traffic signing o Pavement markings and markers • Prepare project specifications based on the 2003 edition of the Standard Specifications for Public Works Construction- . Prepare final estimates of probable cost. • After final approval of project design the plans will be plotted on 4 mil thick mylar and delivered to the City. • Submit electronic 100% AutoCAD drawings. CONSTRUCTION ASSISTANCE Provide coordination during bidding process including answering bidders questions during the bidding phase. Provide assistance during construction consisting of plan interpretation and plan revisions resulting from changed conditions. Prepare As -Built plans based on information provided by the City. Submit As -Built mylars and electronic AutoCAD files. 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tel: 714.740.8840 • Fax: 714.740.8842 FROM :DLA *DMS 41 FAX NO. :714- 740 -8842 W9. 29 2007 10:29AM P4 TENTATIVE TASK DESCRIPTION DESIGN SCHEDULE AERIAL SURVEY AND DESIGN SURVEY - Qi Iii pi ir1 UTILITY COORDINATION of I� ioi PRELIMINARY DESIGN PHASE - 70% DESIGN Prepare Base Maps C2'.NI 1011 �1 Street Improvement Plans �I I 1 INI Signage and Striping Plans i QI gl 1 CITY REVIEW OF PRELIMINARY PLANS ^1 I1 1�1 1�1 I(YI INI i� FINAL DESIGN PHASE - 95% DESIGN Street Improvement Plans I itrtnn]�i Project Specifications and Cost Estimates Ic.o. i �,�l iCliLi CITY REVIEW OF PRELIMINARY PLANS'- 95% ICI INI I I PROJECT COMPLETE - 100% DESIGN �iV!lV START DATE: OCTOBER 1, 2007 PROJECT COMPLETE. FEBRUARY 8, 2008 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tel: 714.740.8840 • Fax: 714.740.8842 FROM :DLR*DMS FRX NO. :714- 740 -8642 Oug. 29 2007 10:30RM PS RESOURCE REQUIREMENTS PHASE OF WORK Project Marra Project r CAD Survey Crew Clerical HOURS PRELIMINARY DESIGN DEVELOPMENT 2 4 6 — 12 DESIGN SURVEY Does nul include Subaonsultant 2 6 _ B4 ... 72 PRELIMINARY DESIGN PHASE 70% DESIGN Base Maps Lit Notification and Coordination Street Im rovement Plans Si no a and Striping Plans Estimate of Probable Costs - 8 2 2 8 4 48 16 8 80 •- 60 60 -- - -- -- — 6 -- -- 4, 88 10 136 78 14 FINAL DESIGN PHASE 100% DESIGN Street Improvement Plans 42 8 24 -- -„ 36 Si page and Striping Plans Specifications, Estimate, Bid Package _ 1 4 4 16 16 — — — 20 21 40 BIDDING & CONSTRUCTION PHASE ASSISTANCE 1 4 '" -- -- 5 AS -BUILT PLANS 1 2 4 8 -- -- 14 TOTAL HOURS: 28 130 274 64 30 526 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tel: 714.740.8840 • Fax: 714.740,8842 FROM :DLA *DMS . FAX NO. :714- 740 -8842 Slug. 29 2007 10:30AM P6 ,..,, ry ANN JONVA r- Jw CONSULTANTS, INC. C I V I L E N G I N E E R S EXHIBIT "B" FEE PROPOSAL for Professional Civil Engineering Services East Bluff Drive from Ford Road to Jamboree Road Vista Del Oro from Vista Flora to Vista Truca Vista Del Sol 1. Preliminary Design Development ............................................ ............................... $1.120.00 2. Design Survey ....................... ............................. ............................... ..................... $13.280.00 3. Preliminary Design Phase — 70% ......................... ............................... ..................... $28,510.00 4. Final Design Phase ............................................ ............................... ... .... ................ $7.995.00 5. Assistance during Bidding Phase ............................................. ............... ... ......... :........ $495.00 6. As -Built Plans ............................................................................... .............. ................. $1 290.00 7. Printing Allowance ............. .... ................................................ ............................... $500.00 Subtotal: Subconsultants: DigitalMapping, Inc ................ ................................... ............................... (Photogrammetric Services) Mark -Up 15% ....................... ............................... Subtotal: TOTAL NOT -TO- EXCEED FEE: 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tel: 714-740-8W • Fax: 714-740-8842 $53,190.00 ... $14,500.00 ..... $2,175.00 $16,675.00 $69,865.00 :DLR *DMS FAX N0. :714- 740 -8842 W9. 29 2007 11:13AM P2 SCHEDULE OF HOURLY RATES - 2007 ProjectManager ........... ................ ............................... ................... ............................... $115.00 ProjectEngineer ...................................................................................... ............................... $95.00 DesignEngineer ......._ - -- - -... ._ ............................. .......................... ............................... $85.00 CADDDesigner ........... ............................... .............. ..................... ..... ............................... $80.00 SeniorDrafter ......................... ---...... ................................ ........... ................_..._.......... $70.00 SeniorPlan Checker ............................................................................... ............................... $60.00 Construction Administrator ........... ................................. ............................... ................... $95.00 Construction Observer . ............................... ................................. ............................... $80.00 BuildingOfficial ....................................................................................... ............................... $70.00 Building Plan Check Engineer .... ......................................................... ............................... $65.00 Building Plan Examiner ........... ............................... ............................. ............................... $65.00 BuildingInspector ........ ............................... ........................................ ............................... $65.00 Two -Man Field Party .......... ............................... ............................... ............................... $195.00 Three -Man Field Party..: ........................................................... ..... ... . .. ......................... $245.00 OfficeSurvey Manager ........ ............................... ............................. ............................... $115.00 WordProcessor ..................................................................... ................. ............................... $45.00 12,377 Lewis Street, Suite 101 • G•arden Grove CA 92840 Tel: 714.740.8840 • Fax: 714.740.8842 Client#: 72996 DMSCONS AMR& CERTIFICA� OF LIABILITY INSUF%NCE io0810 °"YY" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2030 Main Street, Suite 350 LIMITS A Irvine, CA 92614.7248 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Travelers Indemnity Company of CT 25682 DMS Consultants 12377 Lewis St., Suite #101 Garden Grove, CA 92840 INSURERS: Travelers Property Casualty Co of Am 36161 INSURER C: Beazley Insurance Company, Inc. 37540 INSURER D: INSURER E: $300000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.- - TR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDONY) DATE LIIIII LIMITS A GENERAL LIABILITY 6804879L745 09/04/07 09/04108 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300000 CLAIMS MADE O OCCUR MED EXP (Am one person) $5,000 PERSONAL S ADV INJURY $2,000,000 GENERAL AGGREGATE $4.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG 54000000 POLICY JPF'CT LOC A AUTOMOBILE LIABILITY ANY AUTO 68048791-745 09104/07 09104106 COMBINED SINGLE LIMIT (Ea accident) 81,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) S -- — — HIRED AUTOS NON-OWNED AUTOS X PROPERTY DAMAGE (Peraocid"t) $_ .- . GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESSIUMBRELLA LIABILITY CUP7182Y224 09104/07 09/04/06 EACH OCCURRENCE $1.000.000 X OCCUR 7 CLAIMS MADE AGGREGATE $1,000,000 S $ DEDUCTIBLE S RETENTION S A WORXERSCOMPENSAMON AND UB7125Y647 09/04/07 09104/08 X W STATU- oTH- EMPLOYERS'UMiI1LffY ANY PROPRETOFUPARTNERIEXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYE $1 000000 OFFICERMEMSER EXCLUDED? If yes, deswice under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT E1 000:2 DD 000 - C OTHER _ Professional V101SO06PNPM 09/23/06 09123/08 $2,000,000 Per Claim Liability $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ALL OPERATIONS INCLUDING BUT NOT LIMITED TO PROFESSIONAL SERVICES AGREEMENT FOR EASTBLUFF DRIVE STREET REHABILITATION. GENERAL LIABILITY: THE CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED PER ENDT ATTACHED. (See Attached Descriptions) CITY OF NEWPORT BEACH ATTN: SHAUNA OYLER 3300 NEWPORT BLVD. Newport Beach, CA 92658 ACORD 25 (20011081 4 . f a ftcaueen91102 dfna ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION EREOF, THE ISSUING INSURER WILL XMXMMXR MAIL An DAYS WRITTEN TO THE rrl TO THE 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). .. Y. DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 2 of 3 #S3941051M394103 POLICY NO.: 68048791-745 • COMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section 11) is amended to include any person or organization that you agree in a "contract or agreement 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. If the injury or damage arises out of the performance, by you or your subcontractor, of "your work" to which the "contract or agree- ment requiring insurance" applies. Such per- son or organization does not qualify as an additional insured with respect to their independent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. b. This insurance does not apply to the rendering of or failure to render any "professional services ". c. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in that "contract or agree- ment requiring insurance ", or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional 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 that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY COW DITIONS (Section IV): . .1 We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", 'property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the 'bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY 5. As respects the insurance provided to the additional CONDITIONS (Section IV): insured by this endorsement, the following definition is added to DEFINITIONS (Section V): CG D3 8109 06 © 2006, The St Paul Travelers Insurance Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. "contract or agreement requiring insurance" means that part of any contract or agreement un agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: COMERCIAL GENERAL LIABILITY a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. CG D3 8109 06 ® 2006, The St Paul Travelers Insurance Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0 "' TRAVELERS POLICY NUMBER: UE17126Y647 • WORKERS COMPENSATION AND EMPLOYERS LIABILITY ENDORSEMENT WC 99 03 76 (00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.000% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS Job Description ALL OPERATIONS 7� DATE OF ISSUE: 10108/07 Authorized Representative Fax #: • 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 10 -8 -07 Dept. /Contact Received From: Shari Rooks Date Completed: 10 -10 -07 Sent to: Shari By: April Walker Company /Person required to have certificate: DMS Consultants GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity B. AM BEST RATING (A: VII or greater): A +XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 4 mil agg/2 mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemni B. AM BEST RATING (A: VII or greater): A+ XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? 1 mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Indemnity B. AM BEST RATING (A: VII or greater): A +XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it include ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto: 3q&4 3$/ /00 --z�7 By TM My CMOF CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 September 25, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949 - 644-3315 or atran @city.newport - beach.ca.us SUBJECT: EASTBLUFF DRIVE STREET REHABILITATION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DMS CONSULTING ENGINEERS, INC. RECOMMENDATIONS: Approve a Professional Services Agreement with DMS Consulting Engineers, Inc., of Garden Grove, California, for Eastbluff Drive Street Rehabilitation at a not to exceed price of $69,865 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Staff considered three firms to provide professional engineering services for this project. The three firms were (1) DMS Consulting Engineers (2) KFM Engineering and (3) Civilworks. One proposal was received from DMS Consulting Engineers. DMS was chosen based upon firm qualifications, successful past experience with similar projects, such as two Jamboree Road Rehabilitation projects, and availability. The proposed not to exceed professional engineering services fee is $69,865. The scope of professional services will include: • Aerial topographic survey • Ground topographic survey • Utility investigation and coordination • Preparation of plan and profile improvement plan sheets • Preparation of pavement cross section plan sheets • Preparation of pavement striping and signage plans • Preparation of project, specifications • Preparation of construction quantity and cost estimates • Assistance during bidding • As -built plans �stbluff Drive Street Rehabilitation — Approval of Pr.ional Services Agreement vdth DMS September 25, 2007 Page 2 The limits of this project are as follows: • Eastbluff Drive — From Jamboree Road to Jamboree Road • Vista del Sol — From Eastbluff Drive to Vista del Oro • Vista del Oro — From Vista Flora to Vista Trucha Environmental Review: Engineering design services are not projects as defined by the California Environmental Quality Act (CEQA) Implementing Guidelines. However, at the time of project award it is likely that the project will be determined exempt from the CEQA pursuant to section 15301 of the CEQA Implementation Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Gas Tax Prepared by: —'�2 " Andy Tran, P. E. Senior Civil Engineer Attachment: Project Location Map Professional Services Agreement Account Number 7181- C2002009 Total Suhmif M hv- Amount $ $69,865 $ $69,865 0 0 PROFESSIONAL SERVICES AGREEMENT WITH DMS CONSULTANTS, INC FOR EASTBLUFF DRIVE STREET REHABILITATION THIS AGREEMENT is made and entered into as of this day of - 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and DMS CONSULTANTS CIVIL ENGINEERS, INC., a California Corporation whose address is 12377 Lewis Street, Suite 101, Garden Grove, California, 92840 ( "Consultant "), and is made with reference to the following: RECITALS -A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to rehabilitate the deteriorated asphalt concrete pavement at the following locations: 1) Eastbluff Drive from Jamboree Road to Jamboree Road, 2) Vista del Sol from Eastbluff Drive to Vista del Oro, and 3) Vista del Oro from Vista Flora to Vista Trucha. C. City desires to engage Consultant to prepare construction documents for the rehabilitation of Eastbluff Drive. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Surender Dewan, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, .2008, unless terminated earlier as set forth herein. 0 0 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the - Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty Nine Thousand Eight Hundred and Sixty Five Dollars and no/100 ($69,865.00) without prior written. authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any 2 0 0 reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance -by City. Unless .otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated SURENDER DEWAN, P.E. to be its Project. Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City,. shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Andy Tran, P.E. shall be the Project Administrator and shall have the authority to act 9 0 for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by _ reason of strikes, lockouts, accidents, or acts of God, or the failure of City - to fumish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9 0 9. HOLD HARMLESS 0 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including,- without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give .City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies _that may have jurisdiction or interest in, the work to be performed. City agrees to cooperate with the Consultant on the Project. T 0 0 12. CITY POLICY Consultant shall discuss and. review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. ,PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies-of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide,. unless otherwise approved by the City's Risk Manager. .D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractors employees. Any notice of cancellation or non - renewal of all a Workers' Compensation policies must be .received by City at least thirty (30) calendar days (10 calendar days written notice of non- - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain -professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by. or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all - claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the Insurance provided hereunder. I iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv.' The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or.reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the _ Consultant under this Agreement will be permitted only with the express written copsent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. Q 0 0 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared. -by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and - City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. -_ Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City s sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City s Public Works Department. 18: COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. n n U 19. CONFIDENTIALITY 0 .All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing'the release of infoematioh. - 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work,. data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to. Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect 10 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. J /� 0 0 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were hot errors or- omissions in the work accomplished -by Consultant, the additional design, construction and /or restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or. approvals from Consultant to City shall be addressed to City at: Andy Tran, P.E. Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3315 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Surender Dewan DMS Consultants Civil Engineers, Inc. 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 Phone: 714 - 740 -8840 Fax: 714- 740 -8842 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner. required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of .written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have' the right, at its sole discretion and without cause, of terminating this Agreement at any time.by giving seven (7) calendar days prior written notice to .Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant- represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 1Z 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: C. ffc--�— dco K City Attorney - for the City of Newport Beach ATTEST: 0 LaVonne Harkiess, City Clerk CITY OF NEWPORT BEACH, A (Municipal Corporation Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A – Scope of Services Exhibit B – Schedule of Billing Rates FluserslpbMsharedlagreements\fy 07- Mcims- eastbluff rehab.doc DtA*DMS • August 24, 2007 FRX N0. :714- 740 -0842 • Rug. 29 2007 10 :28FlM P1 C� I V I L E N G I N E E R S Mr. Andy Tran City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Proposal for Professional Civil Engineering Services: • Eastbluff Drive from Jamboree Road to Jamboree Road Vista Del Oro from Vlsta Flora to Vista Trucha Vista Del Sol from Eastbluff Drive to Vista Del Oro Dear Mr. Tran: DMS Consultants, Inc. is pleased to present this proposal to provide professional civil engineering services for the subject project. Mr. Surender Dewan, P.E., would be assigned as the Project Manager of this project. As such, Mr. Dewan would be responsible for the overall scheduling and budget control and would be available to meet with the (City staff to discuss the project as required. I hope that our past experience, record of performance and sincere interest in working with the City of Newport Beach, will result in a favorable consideration. We look forward to the opportunity of working with you and your staff. Sincerely, DMS Consultants, Inc, Surender Dewan, P.E. President 07- EastB1ufrDr.PR0 12377 Lewis Street, Suitc 101 • Garden Grove CA 92840 T^I- 71d_7A0_52Rdn. Fuv 71A2?AA QQA7 FROM :DLA *DMS . FAX NO. :714 - 740-8842 W9. 29 2007 10:29AM P2 EXHIBIT "A" PROJECT UNDERSTANDING There are three project areas in the proposed project_ The first project area is Eastbluff Drive from Jamboree Road to Jamboree Road. The second area is Vista Del Oro from Vista Flora to Vista Trucha. The third area is Vista Del Sol from Eastbluff Drive to Vista Del Oro. The proposed project consists of rehabilitation of existing roadway, including reconstruction of damaged curb and gutter, sidewalk, pavement dig -outs and reconstruction of non - conforming curb ramps: Also included is reconstruction of median curb on Vista Del Sol. Services to be provided by DMS Consultants, Inc. under this proposal encompass a full range of services. These services include the following: Design Survey / Aerial Mapping Utility Coordination Preparation of Street Improvement Plans Preparation of Signage and Striping Plans . Project Specifications Estimate of Probable Construction Costs Eastbluff Drive is a major residential collector that serves the residents of Newport Beach. Vista Del Oro and Vista Del Sol are also residential streets. The total length of the combined project is approximately two miles. Mr. Andy Tran, Senior Civil Engineer of the City of Newport Beach, has indicated that the rehabilitation treatment will namely consist of the following: Cold milling along the curb and gutter (wedge cut); Placement of leveling course to establish uniform cross slope; Construction of asphalt concrete overlay. Sections requiring reconstruction (dig -outs) will be reconstructed with AC base course to a depth to be determined. by the City. 12,377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tel: 714.746.8840 • Fax: 714.740.8842 :DLR*DMS • FAX NO. :714- 740 -8842 • Aug. 29 2007 11:30RM PS PROJECT APPROACH DESIGN REVIEW MEETING • In a consultation meeting with the city, the scope of work, procedure for the project and the precise limits of the project improvements will be reviewed. • Review with city staff to obtain specific input related to city goals, and discuss preliminary issues. • Meet with city staff on a continuous, as- needed basis throughout the design and construction phases to ensure that work is expeditiously carried out in keeping with the city's requirements. • Obtain from city, record maps which provide alignment and right -of -way for East Bluff Drive, Vista Del Oro and Vista Del Sol. Also, obtain from city monument notes, tie notes, bench marks, etc. UTILITY COORDINATION • Request for.existing utilities plans from all utility agencies. • Notify all utilities at the start, at 70°x, and at 95% design of the location and extent of the work to ensure that all structures are properly located on the plans. • A copy of all correspondence with utility companies will be provided to the city. • Proposed improvements will be coordinated with utility companies in the project area. Each utility company will be sent a "Utility Notification Letter" prior to commencement of preliminary design. • Final plans will be sent to each affected utility company prior to bidding of the work along with notification of when work is anticipated to begin. PAVEMENT REHABILITATION • Rehabilitation treatment i.e., ARHM thickness and AC base course thickness to be provided by the City of Newport Beach. DESIGN SURVEY • Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls used. Set a total of sixteen (18) aerial targets. • Conduct aerial survey. Aerial survey to show spot elevations and contours at 1 foot intervals. Locate limits of broken curb and gutter as well as defective sidewalk and dig -outs. (City crew to mark limits in the field). • Conduct topographic survey and.obtain street cross sections at200 foot intervals to determine pavement cross slope. Street cross sections to show elevations at top of curb, gutter flowline, lip of gutter, edge of pavement, lane line, grade breaks, centerline, top of median curb, and finished surface at median curb. • A minimum of two (2) bench marks will be used. A bench circuit will be run and closure error established, if any. Each bench mark will be established on the plans and in the surrey notes. Additional temporary bench marks will be established for use during construction and identified on the plans. • A report will be provided to the City containing all survey control and cross section notes. PRELIMINARY DESIGN - 70% DESIGN • Prepare base maps at 20 scale using computer aided drafting (AutoCAD). Plot existing utilities, existing right -of -ways, street centerlines, etc. • Plot existing cross sections. !377 Lewis Street, Suite 101 • Garden Grove CA 92840 -P '71A 7An Q Q A A. C..... ^ 1 A o A A O O A n FROM :DLR *DMS FAX NO. :714- 740 -8842 W9. 29 2007 10:29AN P3 Superimpose proposed improvements over existing cross sections.: - - Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is less than the minimum required or more than the maximum permissible, revise the type of proposed treatment to the street surface. V Prepare preliminary street improvement plans. Eastbluff Drive and Vista Del Oro — plan view only (no profile) Vista Del Sol — prepare base maps on plan and profile sheets and plot existing and proposed median curb profile. Prepare preliminary signage and striping plans in accordance with the State of California Department of Transportation Traffic Manual. Prepare preliminary estimate of probable costs in tabular fort. FINAL DESIGN -100% DESIGN Y Evaluate cross sections and profiles for drive quality. Prepare final street improvements plans. IV Title sheet will show: C Title G Vicinity and location map with plan sheet index and scale o Utility and plan legends Bench marks, basis of bearings o General and master construction notes c Standard signature and title blocks a Utility notes, contact names and telephone numbers Plans will include: a Topography between right- of-way and beyond as necessary Q Right-of-way limit lines a Construction notes U Typical sections and details n Top of median curb profile V Prepare final striping and signage plans. Final plans to include: c Removal and/or construction of existing and /or proposed traffic features where applicable a Traffic striping (traffic lanes, crosswalks, etc.) Traffic signing G Pavement markings and markers Prepare project specifications based on the 2003 edition of the Standard Specifications for Public Works Construction. Prepare final estimates of probable cost. After final approval of project design the plans will be plotted on 4 mil thick mylar and delivered to the City. Submit electronic 100% AutoCAD drawings. CONSTRUCTION ASSISTANCE V Provide coordination during bidding process Including answering bidders questions during the bidding phase. Provide assistance during construction consisting of plan interpretation and plan revisions resulting from changed conditions. .. Prepare As -Built plans based on information provided by the City. Submit As -Built mylars and electronic AutoCAD files- 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 TI. '11 A lAA OOAA . n..... 11 1 �.I ..Al FROM :DLA*DMS • FAX NO_ :714 - 74042 • Aug. 29 2007 10:29AM P4 TENTATIVE DESIGN SCHEDULE TASK DESCRIPTION DESIGN SCHEDULE AERIAL SURVEY AND DESIGN SURVEY o� iai �t UTILITY COORDINATION Qi iei �� i ice; PRELIMINARY DESIGN PHASE - 70% DESIGN Prepare Base Maps Street Improvement Plans Signage and Striping Plans iei e CITY REVIEW OF PRELIMINARY PLANS - 70% n� ;ni ins ;� FINAL DESIGN PHASE - 96% DESIGN Street Improvement Plans i i !ei Prajeat Specifications and Cost Estimates 0 CITY REVIEW OF PRELIMINARY PLANS - 96% e. 1�1 iNl PROJECT COMPLETE -100% DESIGN irl i 1 g iii START DATE: OCTOBER 1, 2067 PROJECT COMPLETE: FEBRUARY8, 2008 12377 Lewis Street, Suite 101 • Garden Grove CA 92M TM- 71 A 7dr1 SZRdf1 • V., 71 A 7An 2Rd7 1 FAX NO. :714 -740 -8642 loug• 29 2007 10:30RN PS PHASE OF WORK Project Manager Project En inset CAD Desi ner Survey Crew Clerical HOURS PRELIMINARY DESIGN DEVELOPMENT 2 4 6 - - 12 DESIGN SURVEY Ones not include Subaonsultant 2 6 - 64 -. 72 PRELIMINARY DESIGN PHASE 70% DESIGN Base Maps Utility Not ficatton and Coordination Street Improvement Plans Si na a and Striping Plans Estimate of Probable Costs - 8 2 2 8 4 48 16 8 80 80 60 - - - 6 - 4 88 10 136 78 14 FINAL DESIGN PHASE 100% DESIGN Street Improvemem Plans Si na a and Striping Plans 42 8 24 - 36 1 4 1 16 -- -- 21 SR20catlms, Estimate, Bid Package 4 16 - 20 40 BIDDING & CONSTRUCTION PHASE ASSISTANCE 1 4 _ 5 AS -BUILT PLANS 2 4 8 14 TOTAL HOURS: 28 130 274 64 30 526 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tol- 71AIAA QQAA. Guv 71A 7An RRA7 FROM :DLA *DMS • FAX NO. :714- 740 -8842 ` Rug. 29 2007 10:30AM P6 CONSULTANTS, INC. C T V 1 L E N G I N 'E E R S EXHIBIT "B'1 FEE PROPOSAL for Professional Civil Engineering Services East Bluff Drive from Ford Road to Jamboree Road Vista Del Oro from Vista Flora to Vista Truca Vista Del Sol 1. Preliminary Design Development ............................................ ............................... $1.120.00 2. Design Survey ............................................................................ ............................... $13,280.00 3. Preliminary Design Phase — 70% ...... . .. ...... .. ...... ............................... ..................... $28,510.00 4. Final Design Phase .................................................................... ............................... $7,995.00 5. Assistance during Bidding Phase ................................................ ........................ :---...... $495.00 6. As -Built Plans ............................................................................. ............................... $1,290.00 7. Printing Allowance ........................................................................... ............................... $500.00 Subtotal: $53,190.00 Subconsultants: DigitalMapping, Inc ........................................................................ ............................... $14,500.00 (Photogrammetric Services) Mark -Up 15%... .............................................................. $2,175.00 Subtotal: TOTAL NOT -TO- EXCEED FEE: 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tw1-'11A 7An QQAn.L`.... -�,A -An OVA '1 $16,675.00 $69,865.00 DLP*DMS �� FAX � ' � �� 11:13� � � .'�*-'^*o�oo*� y�^�� SCHEDULE OF HOURLY RATES -2007 ProjectManager .......... ......... ........... ................................. .............................. ; ................. $118]3D ProjectEnoineer ........................... ...................................................................................... $Q5.()o DesignEngineer ................. ............................................................. ...... ............................. $85.00 CA[l[} Designer .°.............."°"~—.--_'—..~.--....--,..,..---^. $8O�}O ` SeniorDrafter ............ ^-------- ............................................................ .................................. $70.00 SeniorPlan Checker .............................................................................................................. $60.00 Construction Administrator ..................................................................................................... $95.00 ConstructionObserver ........................................................................................................... $8@.8O Building ......... ............................ ............................................................................... $7O.00 BuildingPlan Check Engineer ............................................................................................... $65.00 BuildingPlan Examiner ............... ...................................................................... .................. $G5.00 Buildinginspector ....................................................................................................... .......... $65^00 Two-Man Field �� —�-_---....--..^'-..^---~..°.^......—...-.'-`...°~....,^,-. $195.00 Three-Man Field Party ................................ ........................ ............................ ................... $245.00 OfficeSurvey Manager .................................... ...................................... ........ —'.~°^°.,.$115,00 Word Processor [%377 Lewis Street, Suite 101°Garden Grove CA 92M Tel: 714.740.8840 * Fax: 714.740.8842