HomeMy WebLinkAbout10 - Energy Efficient Streetlight ImprovementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. io
September 8, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Iris Lee, Senior Civil Engineer
949 -644 -3323 or ilee @newportbeachca.gov
SUBJECT: ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
WILLDAN ENGINEERING FOR DESIGN SERVICES
RECOMMENDATIONS:
Approve a Professional Services Agreement with Willdan Engineering ( Willdan) of
Anaheim, California, for design services at a not -to- exceed fee of $71,755.00 and
authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
On March 26, 2009, the U.S. Department of Energy (DOE) announced an Energy
Efficiency and Conservation Block Grant ( EECBG) as part of the American Recovery
and Reinvestment Act (ARRA). This funding opportunity appropriates formula -based
grants to states, U.S. territories, tribes, and local governments to implement programs
and activities pertaining to energy efficiency improvements, emission reductions, and
total energy use reductions. The City of Newport Beach has been allocated $853,300.
In compliance with the EECBG guidelines, Staff proposed an Energy Efficient
Streetlight Improvement Project to reduce streetlight energy consumption at five
general locations:
1. San Joaquin Hills Road between Jamboree Road and MacArthur Boulevard;
2. Harbor View Community;
3. Newport Pier;
4. McFadden Plaza; and
5. Balboa Pier.
The total current power usage for these five project areas is approximately 34,700
watts. With the implementation of this project, the proposed usage is projected to be at
17,200 watts. With a difference of 17,500 watts, this represents approximately 50
percent savings in energy consumption. This savings can be achieved by implementing
the following improvements:
Energy Efficient Streetlight Improvement Project— Approval of PSA with Willdan Engineering for Design Services
September 8, 2009
Page 2
Removing existing incandescent streetlights that run on an old series circuit and
replacing them with light- emitting diode (LED) or high - pressure sodium (HPS)
fixtures that will be connected to the City's parallel circuit system. Each of the
existing streetlights consumes up to 400 watts on the old series circuit.
Replacing the current circuit system with the proposed parallel circuit system will
support the new luminaries which will use a maximum of 200 watts, of which 85
percent of those fixtures will be using 70 watts or less.
Replacing existing double arm streetlights with single arm streetlights. The
single arm streetlights will use high- output, low energy consuming luminaries that
will consume less than half the power of the double -arm fixtures.
Permanently removing selected streetlight poles. Strategic placement of the new
energy- saving streetlights will provide the same level of brightness in the area
with fewer number of lights.
On June 19, 2009, staff invited five firms to submit a proposal for the streetlight
improvement project, and three proposals were received. Three staff members
independently reviewed the proposals and evaluated each firm's qualifications, past
experience on similar projects, and availability before ranking Willdan the highest.
Upon selection, staff negotiated with Willdan to provide the necessary scope of services
for a not -to- exceed fee of $71,755. Willdan has completed similar streetlight design
services competently and professionally on similar projects for the City and other local
agencies in Southern California.
The scope of Willdan's professional services includes the following:
Preliminary Design which includes field reconnaissance, utility coordination, and
design recommendations.
Design which includes the preparation of construction documents.
Post Design Services which includes bidding and preconstruction assistance,
and preparation of as -built plans.
Environmental Review:
Engineering design services are not projects as defined by the California Environmental
Quality Act (CEQA) Implementing Guidelines, and therefore do not require
environmental review..
Funding Availability:
There are sufficient funds available in the following account for the project:
Energy Efficient Streetlight Improvement Project — Approval of PSA with Willdan Engineering for Design Services
September 8, 2009
Page 3
Account Description
General Fund
Prepared by:
Is ee
Senior Civil Engineer
Account Number
7013- C2202000
Total:
Attachment: Professional Services Agreement
Submitted by:
Badum
s Director
Amount
$ 71,755.00
$ 71,755.00
PROFESSIONAL SERVICES AGREEMENT WITH
WILLDAN ENGINEERING FOR
ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT
THIS AGREEMENT is made and entered into as of this day of
2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and WILLDAN ENGINEERING, a California Corporation whose address is
2401 East Katella Avenue, Suite 450, Anaheim, California, 92806 ( "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 install new energy- efficient streetlights throughout the City,
and convert a high - voltage series circuit to a parallel circuit.
C. City desires to engage Consultant to prepare construction documents for the
streetlight improvement project ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Lew
Gluesing, Vice President.
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 3151 day of December 2010, 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 Seventy -One Thousand, Seven Hundred Fifty -Five Dollars and
no /100 ($71,755.00) without prior written authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
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 LEW GLUESING
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.
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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.
ROBERT STEIN shall be the Project Administrator and shall have the authority
to act 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 Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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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
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the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
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
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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 Employer's 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
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:
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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.
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
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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
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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.
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.
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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.
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
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hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Iris Lee, Senior Civil Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3323
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Lew Gluesing, Vice President
Willdan Engineering
13191 Crossroads Parkway North, Suite 405
City of Industry, CA 91746
Phone: 562 - 908 -6291
Fax: 562 - 695 -2120
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.
13
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
)net D. ea mp
Assistant City Attbrrney
for the City of Newport Beach
ATTEST:
go
Leilani Brown,
City Clerk
for the City of Newport Beach
CITY OF NEWPORT BEACH,
A Municipal Corporation
In
Edward Selich
Mayor
for the City of Newport Beach
WILLDAN ENGINEERING:
M
William Pagett,
Senior Vice President
Roy L. Gill,
Secretary
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
14
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Proiect Team
Willdan utilizes a unified management approach, whereby each project is
undertaken by a project team. Each project is assigned to a senior member of
our staff with the background, experience and availability best suited for each
assignment, or in this case, street lighting design. The following presents a brief
description of our proposed project team, their experience, and their assignments
for the street lighting design.
Principal -in- Charge /Project Manager, Mr. Lew Gluesing, PE, TE, PTOE, will
be responsible for the day -to -day operation of the Traffic Division and the quality
control of the design project. Mr. Gluesing has 42 years of experience in traffic
and transportation engineering, including state highway, neighborhood traffic
management, traffic circulation, impact and parking studies, design and
operations, municipal engineering, and operational analyses. To date, Mr.
Gluesing has supervised the completion of more than 8,000 projects, including a
variety of large- and small - scaled projects.
Ms. Vanessa Munoz, PE, TE, PTOE, will serve as Deputy Project Manager,
responsible for staff supervision, and supporting Mr. Gluesing in managing the
design contract. With more than 12 years of design experience, her expertise
includes traffic signal design, street lighting design, interconnect, and signing and
striping. She has designed more than 50 street lighting projects for local cities,
counties, and Callrans, including the implementation of the City of Maywood's
Street Lighting Master Plan, which included the installation of 500 street lights.
Mr. Ken Hanson, Senior Design Manager. Mr. Hanson managed the design
and preparation of plans, specifications, and cost estimates (PS &E) for various
street and parking lot lighting projects. His experience includes more than 45
years of traffic engineering services.
Mr. Bob Burch, Senior Design Manager. Mr. Burch offers 17 years of traffic
design experience and has extensive expertise using both AutoCAD and Micro
Station. Specifically, his experience relates to preparing PS &Es for street lighting,
traffic signals, signing and striping, traffic control, and construction project staging.
Mr. Peter Keresztes, Senior Design Manager. Mr. Keresztes manages a
variety of traffic related design projects including freeway and interchange
improvements, street lighting, traffic signals, traffic control and signing and
striping. Mr. Keresztes brings 22 years of traffic engineering experience to the
project team.
Mr. Ed Cox, Utility Coordinator. Mr. Cox provides utility coordination services
for both large and small -scale street improvement project, such as sewer, storm
drain, bridge construction, traffic signal and street lighting installation. Mr. Cox is
familiar with the utility company's process and will work closely with them during
the design and construction phases of the project. Mr. Cox possesses over 29
�. years of public works experience.
WI LLDAN I Proposal for Energy Efficient Streetlight
City of Newport Beach 7
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Team Organizational Chart
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Resumes for key personnel are included on the following pages to help the City of
Newport Beach further evaluate our qualifications.
WI LLDAN I Proposal for Energy Efficient Streetlight Improvement Project 8
For the City of Newport Beach
Scope of Work
The following is Wilidan's methodology and work plan to complete the scope of
work:
1. Meet with the City staff to review specific street lighting design and
construction requirements and project schedule. Obtain record drawings
and electronic copies of street lighting plans, utility plans, roadway plans,
etc. Discuss City's and consultant intent and approach to street lighting
plans design.
2. Coordinate meetings as may be necessary to complete the design of the
project. Willdan will provide a draft agenda and schedule update to the
City Project Manager for each identified meeting a minimum of 3 working
days prior to proposed meeting dates. Willdan will prepare meeting
agendas and progress schedules. It is anticipated that 5 meetings with
City Staff will be required for the project.
3. Field survey, as required, to confirm-existing site conditions for the
preparation of base plans. Identify features that may require removal,
replacement or modification for the completion of this project such as
existing sidewalk, street lights, pull boxes, driveways, trees, etc.
4. Prepare a summary of recommendations to the City with regards to the
project once field survey has been completed. This includes
recommendations for energy efficient solutions, modifications, possible
conflicts and remediations.
5. Prepare fifteen (15) sheets of street lighting plans including one title sheet
that includes the vicinity map, construction notes, index map, and one
typical detail sheet. The plans will be prepared at a scale of 1 " =40' in
AutoCAD format. Plans will include existing and proposed street light
locations, conduits, wiring and feed points, as required by the individual
design of each segment. Submittals will be provided to the City for review
at the 75 %, 90% and 100% stage of plan development. Design will
conform to the latest edition of the Standard Specifications for Public work
Construction, City of Newport Beach design Criteria, Standards, Standard
Special Provisions and Standard Drawings (2004 Edition).
6. Prepare two (2) plan sheets of street lighting wiring diagrams for the
Harbor View Community street lighting conversion design. The
conversion will consist of changing the existing series circuits to parallel
lighting circuits.
7. Provide utility coordination, including first notice when project begins,
second notice to those utility companies who are non - responsive and final
notices to all utility companies in accordance with City's procedures. All
documentation of contacts and responses will be copied to the City.
W 1 LLDAN I Proposal for Energy Efficient Streetlight Improvement Project 24
For the City of Newport Beach
Willdan will prepare utility notices and sets of plans for each utility notice
and deliver them to the City for mailing under City letterhead. If so desired
by the City, Willdan can transmit these notices under Willdan's letterhead
or City letterhead; however, the City would be responsible for any fees
assessed to Willdan by the utility companies. In either case, all
responses, questions, and correspondence from the utility companies will
be addressed to Willdan's Utility Coordinator. Utility coordination includes
request for service feed points and requesting relocation of conflicting
utilities.
Prepare Engineer's Estimate, Construction Specifications and Special
Provisions in Greenbook format. Draft submittals shall be prepared for the
90% and 100% design submittal.
9. After the 75 %, 90% and 100% PS &E submittal, make agreed upon
revisions to plans and specifications, and re- submit to City for review.
10. Prepare final itemized engineer's estimate and submit with revised plans
and specifications.
11. Upon final completion, acceptance and approval of plans, specifications,
and engineer's estimate by the City, provide one (1) set of original plans,
five (5) printed plan sets, two (2) hard sets of construction specifications,
and two (2) hard copies of the engineers estimate.
12. Assist during the advertisement and bidding of the street lighting project,
including attendance at pre -bid meeting, pre- construction meeting, RFIs
from contractors, periodic site visits and addenda to the project plans and
specifications as directed by the City.
13. Once project has been constructed, prepare record drawings in electronic
format with City supplied red - lines.
Exclusions
Structural Calculations —The need for structural calculations is not anticipated due
to the use of standard street light poles_ However, should the need arise during
the design phase due to unforeseen conditions, structural calculations can be
completed as mutually agreed upon in writing.
WI LLDAN Proposal for Energy Efficient Streetlight Improvement Project 25
For the City of Newport Beach
WILLDAN I , �`'�
Engineering .each
July 22, 2009
Ms. Iris Lee, PE, TE
Senior Civil Engineer
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Subject: REVISED - Proposal for Energy Efficient Streetlight Improvement Project
Dear Ms. Lee:
Willdan Engineering is pleased to submit this revised proposal for the Energy Efficient Streetlight
Improvement Project in the City of Newport Beach. The following contains additions, deletions
and revisions from our original proposal dated July 8, 2009.
Additions - Page 24 Scope of Work, add item of work as follows:
6A. Prepare one (1) streetlight pole structural calculation for each of the five (5) general
locations, as noted in the project understanding, to ensure that the existing streetlight pole will be
sufficient to accommodate the new street light fixture.
Deletions - Page 25, Exclusions, delete entire section as noted below:
"Structural Calculations - The need for structural calculations is not anticipated due to the use of
standard street light poles. However, should the need arise during the design phase due to
unforeseen conditions, structural calculations can be completed as mutually agreed upon in
writing. "
Revisions - Page 21, Hours by Labor Classification
Attached is revised labor hour's chart to include the additional scope item 6A as noted above.
Engineering I Geolechnical I Environmental I Sustainabilily I Financial I Homeland security
714.978.8200 1 800.424.9144 1 fax: 714.978.8299 1 2401 East Katella Avenue, Suite 450, Anaheim, CA 92806-6073 1 w .willdan.com
City of Newport Beach
July 22, 2009
Page 2
Willdan Engineering sincerely appreciates this opportunity to submit this revision to our original
proposal dated July 8, 2009 to the City of Newport Beach. Should you have any questions
regarding this proposal, please contact Mr. Lew Gluesing at (562) 908 -6291.
Respectfully submitted,
Tw dan Engineering Gluesing, PE, TE, PTOE
Vice President
LG:ko
95610- 09\06- 1601P09- 164 - Revised
Engineering I Geotechnical I Environmental I Sustainability I Financial I Homeland Security
714.978.8200 1 800.424.9144 1 fax: 714.978.8299 1 2401 East Katella Avenue, Suite 450, Anaheim, CA 92806 -6073 1 w .Mldan.com
CITY OF NEWPORT BEACH
PROFESSIONAL ENGINEERING SERVICES
for the
ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT
EXHIBIT 'B'
Revised 07122 1UY
PROJECT TASKS
CLASSIFICATION
Group
5upeMsing
Senior DealBn Senior
Manager
Draher
COOrdlnator
Udlr.
Sr. DaslBn
EngI
Oasign Erg
10Designer 11
Word Process
TOTAL
LABOR
MIIeaBa
TOTAL LABOR
Manager
Engineer
HOURS
$
970
Meting vRN City Stag
2
2
2
6
Prellminery UtI y Notices
2
1
3
S
315
Utility Coordination
2
12
14
$
1,790
Final Utility Notice$
4
1
5
$
565
low
0�
$
0,000
Field lnvoutgallons
16
_
16
_........
. .. ........ ...
32
Base Plan Preparation
F330
40
mmmm
20
10
72
$
9,190
-
S
520
Title Sheat
a
4
Design plan.
6
10
120
30
266
S
34,950
1
7�0
29
$
3,775
Wlring Diagram Plane
2
2
24
26
$
3,490
5th,mm, CelcWanons
2
B
in
3
1,810
Speclgeadone
2
3
t0
................
<
_..__..
19
S
2,550
Englneen Estimate,
2
t
13
E
1,605
Review and Status Meetings with City
S
6
mm
I
16
8
2.440
-
81d Ae 0.Upce
2
6
6
.__.. .....
. _.......-
14
$
2,190
RecordDrawings)AmBUlits)
3
10
13
E
1,735
NOT- 70EXCEED
15
40
71
190
16
124
00
7
544
S -IS
71,755