HomeMy WebLinkAbout06 - Ford Road and Bonita Canyon Drive Pavement Rehabilitation Project (19R22)TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
March 12, 2019
Agenda Item No. 6
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Patricia Kharazmi, Assistant Civil Engineer,
pkharazmi@newportbeachca.gov
PHONE: 949-644-3344
TITLE: Ford Road and Bonita Canyon Drive Pavement Rehabilitation Project
(19R22) — Approval of Professional Services Agreement with TAIT &
Associates, Inc. (C-7588-1)
ABSTRACT:
As part of the City's Pavement Management Program, Ford Road and Bonita Canyon
Drive from Jamboree Road to State Route 73 is scheduled for pavement rehabilitation in
Fiscal Year 2020/21. Staff requests City Council's approval to enter into a Professional
Services Agreement with TAIT & Associates, Inc. to prepare necessary construction
documents.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Professional Services Agreement with TAIT & Associates, Inc. of Santa
Ana, California, for the Ford Road and Bonita Canyon Drive Pavement Rehabilitation
project at a not -to -exceed price of $241,430.00, and authorize the Mayor and City
Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The adopted budget includes sufficient funding for this task. It will be expensed to the
Capital Improvement Program Budget Account No. 12101-980000-19R22. The
consultant's proposed not -to -exceed fee for this service is $241,430.00.
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Ford Road and Bonita Canyon Drive Pavement Rehabilitation Project (19R22) —
Approval of Professional Services Agreement with TAIT & Associates, Inc. (C-7588-1)
March 12, 2019
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DISCUSSION:
As part of the City's Pavement Management Program, Ford Road and Bonita Canyon
Drive from Jamboree Road to State Route 73 is scheduled to be rehabilitated in fall of
2020. Proposed improvements involve grinding the existing asphalt pavement, placing an
asphalt overlay over the existing asphalt pavement, reconstructing deteriorated concrete
sidewalks, curbs, gutters, and curb ramps, adjusting utility boxes to grade, installing street
signs and restriping the pavement.
Staff recently requested proposals from five consulting firms to provide professional
engineering services for Bison Avenue and San Joaquin Hills Road Pavement
Rehabilitation project (19R21). The design scope of work for Ford Road and Bonita
Canyon Drive Pavement Rehabilitation project is very similar to the previously mentioned
project. Five proposals were received and reviewed by a three person technical panel.
These firms and their proposals' scoring/ranking are as follows:
1. Stantec Consulting Services, Inc. (272/300 points)
2. TAIT & Associates, Inc. (270/300 points)
3. CNC, Inc. (238/300 points)
4. DMS, Inc. (234/300 points)
5. DMc Engineering (206/300 points)
Stantec Consulting Services, Inc. (Stantec) and TAIT & Associates, Inc. (TAIT) were very
closely ranked as the top two firms, scoring within two points of each other. The next
highest-ranking firm trailed by more than 30 points. The City entered into a Professional
Engineering Agreement (PSA) with Stantec to complete the construction documents for
Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation project.
Since both Stantec and TAIT demonstrated the expertise and experience needed to
complete construction documents for pavement rehabilitation projects, and both firms
have successfully completed similar pavement rehabilitation projects for other local
agencies as well as for the City of Newport Beach, staff recommends entering into a PSA
with TAIT to provide professional engineering services for the Ford Road and Bonita
Canyon Drive Pavement Rehabilitation project.
Given that the two pavement rehabilitation projects have very similar scopes of work, staff
recently requested a revised proposal from TAIT for the Ford Road and Bonita Canyon
Drive Pavement Rehabilitation project. TAIT's revised proposal reconfirmed TAIT's
expertise and ability to successfully complete construction documents for pavement
rehabilitation projects. The proposed Scope of Work includes research and data
collection, utility coordination, topographic survey, geotechnical investigation, preparation
of final construction plans, specifications and construction cost estimates, and
construction support services. Construction is tentatively planned for fall of 2020.
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Ford Road and Bonita Canyon Drive Pavement Rehabilitation Project (19R22) —
Approval of Professional Services Agreement with TAIT & Associates, Inc. (C-7588-1)
March 12, 2019
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
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ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH TAIT & ASSOCIATES, INC. FOR
BONITA CANYON DRIVE AND FORD ROAD PAVEMENT REHABILITATION
PROJECT DESIGN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 12th day of March, 2019 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and TAIT & ASSOCIATES, INC., a California corporation ("Consultant"), whose address
is 701 N. Parkcenter Drive, Santa Ana, California 92705, and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide engineering and design services for
the Bonita Canyon Drive and Ford Road Pavement Rehabilitation Project
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2021, 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 ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
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the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates 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 Two Hundred Forty One
Thousand Four Hundred Thirty Dollars and 00/100 ($241,430.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated David Sloan, 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.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. 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
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
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8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 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, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them. For purposes of this Section, and in accordance with Civil Code Section
2782.8(a), in no event shall the cost to defend charged to a "design professional", as
defined in Civil Code Section 2782.8(c), exceed the design professional's proportionate
percentage of fault.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' 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. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
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shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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 or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of 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 co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
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omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (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. Additionally, all material posted in cyberspace 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, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 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 the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
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be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital- Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) 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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's 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 Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
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22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
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 designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
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Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: David Sloan, P.E.
Tait & Associates, Inc.
701 N. Parkcenter Drive
Santa Ana, CA 92705
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
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thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing rate
of per diem wages including legal holidays and overtime Work for each craft or type of
workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the Work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 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.
30.3 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.
Tait & Associates, Inc. Page 10
6-14
30.4 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.
30.5 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.
30.6 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.
30.7 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.
30.8 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.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Tait & Associates, Inc. Page 11
6-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2 2 S" -zo
By:
a
for% Aaron C. Harp IA"e6n"
1�w� R•16'lq
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: Tait & Associates, Inc., a
California corporation
Date:
BV:
Thomas F. Tait
Chief Executive Officer
Date:
By:
Jason Jones
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Tait & Associates, Inc. Page 12
6-16
EXHIBIT A
SCOPE OF SERVICES
TASK A: Research & Data Collection
This sub -task includes all hours necessary to conduct existing records research, verify
design standards and requirements, document existing site conditions, and compile all
record documents for tracking and transfer to City.
Deliverables:
• Compiled Existing Records (Design Files).
TASK B: Utility Coordination
It is understood that the City has already distributed first notices for this project.
Consultant shall review all provided material and shall incorporate the utility records to
the project Utility Base. Upon completion of the fifty percent (50%) plans, Consultant shall
prepare and forward a draft 2nd Notice Letter along with a utility mail merge document to
City staff for printing and signing of the documents. If possible, email notices will be sent
to all applicable utilities for quick processing. Utilities without email contact addressed
will be notified through US mail. All utilities identified with conflicts will be sent a conflict
notice and the relocations will be coordinated by Consultant.
Deliverables:
• Utility Information Matrix;
• Utility Coordination Log & Records;
• 2nd Utility Notices (required); and
• 3rd & 4th Utility Notices (as needed).
TASK C: Design Survey & Field Walk
This sub -task includes all hours necessary to conduct the required design survey, process
the field data, and to conduct a design field verification walk along the entire project limits
to review and note the field join conditions, design items, and key features at each project
location.
The topographic survey will include topography with one (1) foot contours, cross sections
at fifty (50) foot minimum intervals, and will extend a minimum of one hundred (100) feet
in all directions beyond the limits of work at each intersection.
The design field walk will include an ADA verification of each applicable curb
ramp/intersection as well as identifying all sidewalk, curb and gutter, utility, and other
Tait & Associates, Inc. Page A-1 6-17
miscellaneous work items in the field. The field review will also be used to verify existing
records and to document the locations of work items prior to the completion of the final
design plans for the project.
Deliverables:
• Topographic Survey Data (Digital/CAD Format), and
• Field Notes and Photos.
TASK D: Pavement Report and Rehab Selection
This sub -task includes all hours necessary to conduct the required geotechnical
investigation, and compile, estimate, and recommend a preferred design scenario.
Pavement Investigation & Report:
Consultant has obtained the services of subcontractor GMU Geotechnical, Inc.
("GMU") to provide the required pavement investigation. The following
summarizes the scope:
Task 1 — Document Review, Pavement Surface Condition Assessment, and
Dig Alert Coordination
• GMU will perform a document review of existing as -built drawings.
The information gathered from this review will be considered in the
analysis and development of pavement repair recommendations
(i.e., existing pavement section thicknesses, date of last pavement
improvement work, etc.).
• GMU will perform a limited pavement surface condition assessment
to identify the type, extent, and severity levels of the pavement
distresses in general accordance with ASTM D 6433.
• Pavement coring locations will be marked and Dig Alert
(Underground Service Alert) will be notified to assess potential
conflict with known underground utilities prior to performing
pavement corings.
Task 2 — Subsurface Exploration
• GMU will seek to obtain an encroachment permit from the City for
the proposed subsurface exploration. Consultant assumes permits
from other agencies are not required. Consultant shall also
strategically position coring locations outside of Caltrans right-of-way
to avoid triggering a need for an encroachment permit thru Caltrans.
• Pavement corings will be performed to a maximum depth of four feet
below the top of the existing asphalt concrete surface using an
Tait & Associates, Inc. Page A-2 6-18
electric -powered core drill. Sampling and digging below the AC
section will be performed using hand tools. The thickness of the
existing asphalt concrete ("AC") and aggregate base ("AB"), if
present, will be recorded. A bulk sample of the subgrade soil will be
collected. At select locations, drive sample will be collected at the top
approximate foot or so of the subgrade to gather in-place density and
moisture information. Upon completion of the sampling, the core hole
will be back-filled with soil cuttings or other suitable backfill materials
and capped with asphalt concrete cold patch.
• GMU will perform a total of ten (10) pavement corings. The Project
budget assumes 1.5 days of pavement coring.
• Traffic control will consist of single lane closures, performed in
accordance with the WATCH Manual. Traffic control will consist of
cones and arrow boards that will redirect vehicles around our work
zone. Consultant assumes that traffic control plans will not be
required and costs to have traffic control plans prepared or stamped
is not considered in our fee.
Task 3 — Laboratory Testing
Laboratory testing will be conducted on the samples collected from the field
investigation program. Laboratory tests will include:
• R -value;
• Sieve No. 200 wash for soil classification,
• Atterberg Limits for soil classification;
• Corrosion series (sulfate, chlorides, resistivity, and pH);
• Maximum density and optimum moisture content; and
• In-place moisture/density.
Task 4 — Pavement Analysis
Pavement engineering analysis will be performed in accordance with the
Caltrans Highway Design Manual. This methodology considers the
relationship between the traffic index ("TI"), subgrade soil strength (through
R -value testing), and the gravel factors of the various pavement layers,
allowing us to identify dig -out areas, rehabilitation options, and estimate the
required pavement thicknesses. Consultant shall utilize the TI provided by
the project Civil Engineer for a design of a twenty (20) year life expectancy.
Tait & Associates, Inc. Page A-3 6-19
Task 5 — Pavement Evaluation Report
One final report will be prepared to summarize our findings,
conclusions, and recommendations. The final report will be
signed and stamped by a California registered civil engineer.
The final report will include:
♦ Summary of information gathered from the document
review,
♦ Project location map;
♦ Subsurface exploration location map;
♦ Pavement coring information (asphalt concrete
thickness, aggregate base thickness, subgrade soil
type, etc.),
♦ Select photographs of the pavement surface condition,
♦ Laboratory testing results; and
♦ Pavement repair and rehabilitation recommendations
(including thickness recommendations).
Pavement Rehabilitation Scenario Selection:
Upon completion and receipt of the pavement investigation report, Consultant shall
prepare rehab scenarios and associates pavement costs for the given options for
presentation and selection by the City. Upon approval of the preferred rehab
scenario, Consultant shall initiate the preparation of the PS&E.
Deliverables:
• Pavement Investigation Report & Rehab Scenario.
TASK E: Base Mapping
This sub -task includes all hours necessary to prepare the roadway, right of way, and utility
base map for the project. Consultant shall format and update the topo survey to create
the roadway base mapping for our design. The right of way basemap shall be created
from the City's right of way records. The Utility basemap shall be created from the existing
records provided by the City and the utility notices. All data will be shown on each plan
set and appropriate callouts will be provided for the existing features/utilities throughout
the project limits. Areas where record right of way and utility information may not be
available or is conflicting with other record documents will be reviewed with City staff.
Tait & Associates, Inc. Page A-4 6-20
Deliverables:
40 Scale Roadway, RNV, & Utility Basemap (.dwg).
TASK F: Construction Documents
The preparation of the construction documents has been split in to the following five sub -
phases per the RFP requirements.
Task F-1: Pians
Consultant anticipates the following page count for the design plans:
SHEET DESCRIPTION
SCALE
TOTAL SHEETS
Title Sheet
NIA
1 sheet
Details, Typical Sections & Notes
Varies
3 sheets
H:1"=40'
Roadway Plan & Profile
13 sheets
V:1"=4'
ADA Ramp Details
1" = 10'
5 sheets
Signing & Striping Plans
1" = 40'
7 sheets
Total Construction Drawing
29 sheets
Sheets
H: 1" = 40'
Design Section (Review Only)
30 sheets
V:1"=2'
A brief description of each plan and submittal component is as follows:
• Title Sheet
The title sheet will be prepared on the City's standard title block and will
include a vicinity map, legend, sheet index, general notes, and signature
blocks for all applicable agency and project management staff. Utility
contact information and other City requested items will be added to the title
sheet as needed. The title sheet will also include a master list of
construction notes per City requirements.
Tait & Associates, Inc. Page A-5 6-21
• Details, Typical Sections, & Notes
General project notes and typical alley sections will be included on the
sheets that depict the nature of the roadway improvements based on the
proposed stationing and intersecting streets.
Construction details will be prepared for all work items that cannot be built
by standard plan, or do not have adequate space on the plan and profile
sheet for the necessary elevation callouts. Additional typical details will be
included for pavement transitions, slot paving, pavement reconstruction
sections, and other miscellaneous construction items that require further
detailing.
• Roadway Rehabilitation Plan & Profile
Roadway rehabilitation plan & profile sheets will be prepared for the entire
project limits with a 1"=40' horizontal and a 4' vertical scale based on the
elevation relief observed. Top of curbs and top of median curbs will be
shown in the profile on either side of the road along the project limits.
Careful attention will be paid to existing and proposed roadway cross falls
to ensure that low points and steep grades are avoided. All construction
work items will be referenced to the roadway centerline stationing system
• ADA Ramp Details
Elevation details for curb ramps and other isolated improvements will be
included in the rehabilitation plans as detail blowups or on dedicated plan
sheets for elevation details. Due to the large number of details anticipated,
Consultant assumes that a total of five (5) detail blowup sheets may be
required on this project. Details will provide station callouts for key joins,
and offset/elevations for the ramp design so as to provide ample detail for
the property layout and construction in the field.
• Signing & Striping Plans
Consultant has obtained the services of subcontractor TJW Engineering,
Inc. ("TJW") to prepare the required signing and striping plans for this
project. Signing & striping plans will be prepared in 1" = 40' scale on a plan
view only sheet. All proposed striping will be called out per CA-MUTCD
most recent version and will identify the required legends and details to
replace the existing signing & striping conditions in kind. Lane widths and
transition lengths will be called out along the project limits. Damaged
existing signs which require replacement will also be identified during the
field walk and will be called out for removal and replacement on the signing
and striping plans.
Tait & Associates, Inc. Page A-6 6.22
• QA/QC, Prepare & Submit 50%,90%, & 100% PS&E Submittal
Prior to each submittal, Consultant shall conduct a full QA/QC review of the
submittal package per our QA/QC plan. All hours associated with the
QA/QC review, preparing the submittal package, and delivering and
coordinating submittal materials to the City are included in this sub -task.
Each submittal set shall include the required number and format of plans,
specifications, estimates and reports as stated in the RFP.
• Design Cross Sections (25' O.C.)
As part of the design process, Civil 3D corridors or models will be set up
and designed to calculate and depict the proposed design cross -falls and
elevations. Design sections will be plotted and submitted to the City for
review during the fifty percent (50%) submittal phase. Design sections are
intended only for design review, and will not be formatted for construction
documents/final production.
Deliverables:
• 50% PS&E Submittal Package (Hard & Digital Copy);
• 90% PS&E Submittal Package (Hard & Digital Copy); and
• 100% PS&E Submittal Package (Hard & Digital Copy.
Task F-2: Special Provisions
This sub -task includes all hour associated with the preparation, submittal, and
revision of the project specifications, per City and RFP standards, for the 50%,
90%, and 100% Submittal Package. All project specifications shall be prepared
based on the City's boilerplate specification package and will be organized per the
SSPWC Green Book Format with clear and extensive payment clauses for each
work item as stated in the construction bid schedules.
Deliverables:
• 50% Technical Specifications Only (Hard & Digital Copies);
• 90% Full Specifications (Hard & Digital Copies); and
• 100% Full Specifications (Hard & Digital Copies).
Task F-3: Cost Estimate
This sub -task includes all hours associated with the preparation, submittal, and
revision of engineers cost estimate (formatted to match the bid schedule), as well
Tait & Associates, Inc. Page A-7 6-23
as the construction quantity sheets per the City and RFP standards, for the 50%,
90%, and 100% Submittal Package.
Deliverables:
• 50% Cost Estimate (Hard & Digital Copies);
• 90% Cost Estimate (Hard & Digital Copies); and
• 100% Cost Estimate (Hard & Digital Copies).
Task F-4: As -Built Drawings
This sub -task includes all hours necessary to transfer the contractor and
construction inspector's red line documents to the design CAD file and prepare the
final As -Built documents per City requirements. Consultant shall draft revision
clouds around all construction revisions, and will submit a Bond and PDF copy of
the final As -Built documents for the City's records.
Deliverables:
• Digital As -Built Drawings & CAD Files (PDF/CAD).
Task F-5: Prepare Encroachment Permit
This sub -task includes all hours necessary to submit and obtain approval for the
Caltrans encroachment permit. Consultant shall prepare and submit the required
permit package and traffic control plans to Caltrans as early in the project as
possible. Consultant has obtained the services of subcontractor TJW to prepare
the required traffic control plans in order to assist in expediting the permitting
process as it relates to traffic approvals. Traffic Control Plans will only cover the
immediate vicinity of the SR -73 interchange. All other traffic control is assumed to
be part of the contractor's responsibility.
TASK G: Progress Meetings
Based on our proposed schedule, design team meetings at submittals/Plan checks to
review and discuss the project as well as the required kickoff meeting are in addition to
the budgeted six (6) team meetings. Consultant shall coordinate with City staff during the
life of the project and will attend up to six (6) additional meetings to meet and discuss the
project requirements. All meetings will be held at City Hall and Consultant shall prepare
all necessary agendas/meeting minutes.
Deliverables:
Meeting Agenda & Minutes.
Tait & Associates, Inc. Page A-8 6-24
TASK H: Construction Support Services
The construction support services work item has been split in to the following two sub -
phases per the RFP requirements:
Task H-1: Building & Pre -Construction Support
Per RFP requirements, Consultant shall provide bidding phase support on a time
and material basis to revise construction drawings to issue addendums during the
bidding process, coordinate with City staff during the bidding process, and attend
the pre -construction meeting. For budgeting purposes, a total of fourteen (14)
hours of effort has been assumed as part of the bidding and pre -construction
phase. Should additional hours be required, Consultant shall contact the City for
authorization.
Deliverables:
• Addendum & Plan Updates (If Required);
• Notes from Pre -Construction Meeting; and
Correspondence Records.
Task H-2: Construction Support (Submittal/RFI)
Per RFP requirements, Consultant shall review applicable shop drawings and
submittals that are forwarded to them. Consultant shall play a support role in
submittal reviews and that only specialty items or non-standard material submittals
will be forwarded to Consultant. Consultant shall also conduct field verifications
and will provide written responses to RFIs as part of this work item. For budgeting
purposes, a total of twenty four (24) hours of effort has been assumed as part of
this task. Should additional hours be required, Consultant shall contact the City
for authorization.
Deliverables:
• Respond to Submittals;
• Response to RFIs (memo format), and
• Field Walk Notes (As Needed).
ADDITIONAL WORK ITEMS
The following are additional work items as proposed by Consultant and included as part
of Consultant's Scope of Work and Schedule of Billing Rates, and City is authorizing such
Work as part of Consultant's Scope:
Tait & Associates, Inc. Page A-9 6-25
A-1: Pavement Deflection Testing
Non-destructive pavement deflection testing shall be performed in accordance with
California Test 356 at every 250 feet interval. Travel and turn lanes in both
directions shall be tested. Deflection data shall be reviewed to isolate or separate
the limits of similar deflection response for statistical summary of data (i.e., the
80th percentile deflection is provided). The data is used in the design of a rehab of
the existing pavement section.
Consultant shall perform deflection testing at approximately 190 locations. This is
based on testing at 250 feet intervals over approximately 47,500 lane -feet.
Deflection testing will be performed in one (1) eight-hour regular business day.
Moving closure traffic control (truck with arrow boards) following behind the
deflection testing equipment will be utilized. Traffic control plans are not included
in the Consultant's Scope of Work. If required and authorized in writing by City,
Consultant shall revise its Scope and Schedule of Billing Rates accordingly to
include the cost to prepare and stamp the plans.
Tait & Associates, Inc. Page A-10 6-26
EXHIBIT B
SCHEDULE OF BILLING RATES
Tait & Associates, Inc. Page B-1 6-27
EXHIBIT B - SCHEDULE OF BILLING RATES
1. Total Fee Amount, Including all Alternate Tasks:
Total Nat -To -Exceed Fee:
2. Employee Classification
06 - Engineering Assistant......................................................................................
18 - Contract Administrator.....................................................................................
04 - Engineering Designer I....................................................................................
10 - Engineering Designer II...................................................................................
03 - Project Engineer/Project Manager..................................................................
02 - Professional Engineer/Licensed Surveyor......................................................
17 - Senior Professional Engineer/Surveyor..........................................................
01 - Principal...........................................................................................................
15 - Structural Engineer..........................................................................................
05 - Permit Expediter..............................................................................................
11 -Permit Specialist..............................................................................................
09 - Senior Permit Specialist/Research Analyst .....................................................
07 - Surveyor...........................................................................................................
08 - Senior Survey Specialist/ Party Chief..............................................................
00 - Two man survey crew......................................................................................
00 - Two man survey crew (Prevailing Wage) ........................................................
22 - One Man Survey Crew with Robotics.............................................................
22 - One Man Survey Crew with Robotics (Prevailing Wage) ...............................
90 — Sr. Project Manager........................................................................................
$ 241,430
$ 241,430
Hourly Rate
....................... 65.00
....................... 85.00
.......................105.00
.......................130.00
..................150.00
.......................175.00
.......................195.00
....................... 205.00
.......................195.00
.....................1. 80.00
.1...I ................. 95.00
.......................105.00
...................1— 85.00
.......................120.00
....................... 205.00
....................... 310.00**
.......................155.00
....................... 200.00**
.......................140.00
The hourly rate for client authorized overtime and for representation at hearings and meetings after 6:00 p.m.
will be invoiced at 1.5 times the posted rate.
The above rates are inclusive of phone charges, fax charges, software and licensing fees, and photocopying
charges.
** Field survey crew wage will be per current prevailing wage rates. Billable Hourly Rate will be provided at time
of worn order/proposal based on current wage determination.
3. Mileage, Travel and Per Diem
Auto Mileage: $.55 per mile
Air Travel and Auto Rental: Actual cost plus 15 percent
Per Diem: Actual cost of lodging and meals, plus 15 percent
4. Materials and Supplies
Office and CADD supplies are included in the hourly rates. Prints, plots and reproductions are charged at
cost plus 15 percent from commercial blueprint companies. In-house reproduction charges are as follows:
Prints Plots Color Plots
Bond $ .95/s.f. $.951s.f. $6.00/s.f.
Vellum 1.35/s.f. 1.651s.f. 7.501s.f.
5. Reimbursable Expenses
Will be billed at cost plus 15 percent. Client will pay directly for all permit and agency fees; otherwise
cost plus 15%. Subconsultant invoices will be billed at cost plus 15%.
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Tait & Associates, Inc. Page C-1 6-29
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Tait & Associates, Inc. Page C-2 6-30
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Tait & Associates, Inc. Page C-3 6-31