HomeMy WebLinkAbout07 - Cameo Highlands Street Reconstruction Project (20R21)TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
August 13, 2019
Agenda Item No. 7
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: Cameo Highlands Street Reconstruction Project (20R21) — Approval
of Professional Services Agreement with Psomas — Contract
No. 7067-1
ABSTRACT:
The Cameo Highlands community is scheduled for neighborhood pavement reconstruction
in Fiscal Year 2019-20. Staff is requesting City Council's approval to enter into a
Professional Services Agreement with Psomas to design and prepare the 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 Psomas of Santa Ana, California, for
the Cameo Highlands Street Reconstruction project at a not -to -exceed price of
$233,235.00, and authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted CIP budget includes sufficient funding for this service. It will be
expensed to account No. 12101-980000-20R21 (Gas Tax). The consultant's proposed
not -to -exceed fee for this service is $233,235.00.
DISCUSSION:
In accordance with the City's Pavement Management Program, the streets within Cameo
Highlands community are scheduled for pavement reconstruction in Fiscal Year 2019-20.
The asphalt streets in this community were originally constructed in the 1960s and have
reached the end of their useful life.
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Cameo Highlands Street Reconstruction Project (20R21) — Approval of Professional
Services Agreement with Psomas — Contract
No. 7067-1
August 13, 2019
Page 2
Proposed improvements involve removing and reconstructing all of the asphalt roadways
within the Cameo Highlands tract, removing and reconstructing deteriorated concrete curb
and gutter, sidewalks, cross gutters, and curb access ramps, root pruning, adjusting utilities
to grade, installing streets signs, restriping pavement, and other incidental items of work.
This project is similar to the Cameo Shores Community Pavement Reconstruction project
which was completed in November 2016.
Staff recently requested proposals from five consulting firms to provide professional
engineering services for the Cameo Highlands Street Reconstruction project. Four
proposals were received and reviewed by a three-person technical panel. The scoring for
the proposals is as follows:
1. Psomas (278/300 points)
2. Civil Works Engineers, Inc. (263/300 points)
3. DMS Consultants, Inc. (251/300 points)
4. Walden & Associates (219/300 points)
Psomas demonstrated that they have the best expertise and experience needed to complete
construction documents for this pavement reconstruction project. In addition, Psomas has
successfully completed similar pavement reconstruction projects for other local agencies as
well as the City of Newport Beach. Therefore, staff recommends approving a Professional
Services Agreement with Psomas to complete the final design efforts for the Cameo
Highlands Street Reconstruction project.
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 the summer and fall of 2020.
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 A
- LIMITS OF WORK
CAMEO HIGHLANDS STREET
RECONSTRUCTION
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7067-1 8/13/2019
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ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
CAMEO HIGHLANDS STREET RECONSTRUCTION DESIGN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 13th day of August, 2019 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and PSOMAS, a California corporation ("Consultant"), whose address is 3 Hutton Centre
Drive, Suite 200, Santa Ana, CA 92707, and is made with reference to the following:
RECITALS
A. 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 civil engineering and surveying
services for the design of the Cameo Highlands Street Reconstruction 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 June 30, 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
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completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 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 Thirty Three
Thousand Two Hundred Thirty Five Dollars and 00/100 ($233,235.00), 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 Matt Heideman 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.
PSOMAS Page 3
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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.
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
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
PSOMAS Page 4
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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
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
PSOMAS Page 5 8
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
PSOMAS Page 6
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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
sea., 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.
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26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
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: Matt Heideman
PSOMAS
3 Hutton Centre Drive, Suite 200
Santa Ana, CA 92707
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
PSOMAS Page 9 7.12
to cure the default and the defaulting parry fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
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 Consultant 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 Consultant 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.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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.
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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.
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.
PSOMAS Page 11
7-14
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: o 100 1 C1
By: a;29;t� . —
Fcf Aaron C. Harp M I
City Attorney 4"210-111
ATTEST:
Date:
In
Leilani I. Brown
City Cleric
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: PSOMAS, a California
corporation
Date:
By:
Robert J. Talafus, PE, QSD, ENV SP
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Work
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
PSOMAS Page 12
7-15
EXHIBIT A
SCOPE OF WORK
PSOMAS Page A-1 7-16
PSOMAS
PROJECT UNDERSTANDING
The City of Newport (City) is preparing to develop a plan for reconstruction of
the streets within the Cameo Highlands neighborhood in the City of Newport
Beach. The project limits are:
■ Cameo Highlands Drive
■ Rockford Place
■ Rockford Road
■ Wayne Road
■ Garrett Drive
■ Dorchester Road
■ Cortland Drive
■ Surrey Drive
In general, this project consists of reconstructing the existing asphalt roadway,
reconstructing deteriorated concrete flatwork, completing ADA improvements
in the project area, adjusting utilities to grade, and installing street signs and
pavement striping.
The Cameo Highlands Tract was originally constructed in the early 1960s. The
existing pavement structural section is "two inches of plant mixed surfacing
over four inches of untreated rock base" The entire tract has been slurry sealed
several times over the past 60 years. Psomas and LaBelle -Marvin will perform
value engineering to develop flexible pavement design alternatives and submit
a pavement report for City staff review and consideration.
PROJECT APPROACH
We have visited the site, taken pictures, and reviewed the City's RFP in
preparation for developing the scope of work described below. Psomas will
coordinate and manage the design team consisting of LaBelle -Marvin as our
pavement design expert. Psomas will provide civil engineering and surveying
services for development of the street and ADA improvements, ensuring
proper drainage is maintained, wet utility mapping, and horizontal control of
the project.
Psomas proposes to assign as the Project Manager Matt Heideman who
has worked with the City of Newport Beach on the 15th Street and Balboa
Boulevard Revitalization Project and with LaBelle -Marvin on other projects
within Orange County. Bob Talafus will be the Principal -in -Charge ensuring
the City is provided the necessary support and staffing to deliver the project
on schedule and will be a resource to the project. Their experience is
described further in Sections 2 and 3 of this proposal. Section 3 also provides
background on the extensive experience of our subconsultants in the areas of
paving and utility coordination.
The design team will start by setting up a kick-off meeting with the City to
discuss ideas and strategize further about the approach and potential paving
alternatives the team could explore. The design team will return to the City
with three (3) concepts to get their comments and then implement the
preferred alternative as part of the 50% design submittal. The design team
City of Newport Beach I Cameo Highlands Street Reconstruction
7-17
will also provide the City with a preliminary assessment of the existing ADA
accessibility within the project limits and discuss proposed improvements to
address any deficiencies.
SCOPE OF WORK
Psomas will provide the following services:
Task 1 — Design Surveying
Psomas will utilize fast static GPS and conventional survey methods to provide
the design survey (including topography with one -foot contours) necessary
to complete the design. As a minimum, the survey field crew will cross
section each street at a 25 foot interval and will include back of walks, top of
curbs, flow lines, edge of gutters, crown lines, and grade breaks every 25 feet.
All topographic features such as water valves, manholes, street lights, trees,
traffic and utility pull boxes, will also be included. Manholes will be located
horizontally only. Invert elevations will not be obtained. Aerial topographic
mapping will be performed to produce a 40 scale planimetric map of existing
surface features of the entire tract. The Basis of Bearings and Benchmark will
be consistent with Orange County Survey Horizontal Controls and the North
American Vertical Datum 1988, respectively.
Task 2 Base Mapping
Once field activities have been performed and the data has been processed,
Psomas will prepare a base map based on the data collected in Task 1 above
and results of research and utility coordination discussed in Task 3 below.
The base map will include, as a minimum, street centerlines, right-of-way
lines, sidewalks, curbs, gutters, pavement striping, all topographic features
such as street lights, signs and trees, one -foot contour lines, and all existing
utility lines. The base map will be field verified by Psomas surveyors. Street
centerlines and rights-of-way will be calculated in their record positions from
a sufficient number of centerline monuments to do so. A boundary survey will
not be performed, and a Record of Survey will not be filed.
Task 3 — Plan Preparation (50%, 90% and 100% Design)
Research and Data Collection - Psomas will gather and review all available
information such as preliminary engineering reports, record drawings,
assessor's parcel maps, right-of-way maps, street centerline ties, and utility
maps.
Utility Coordination - City staff wit] send out the first utility request and will
forward the received maps/atlas to Psomas. Psomas will identify all utilities
within project limits on construction drawings. Psomas will send out utility
verification and/or relocation notices. Utility adjustments and relocations will
be shown on contract drawings.
Prepare 25 foot Cross Sections - Street cross sections showing existing
condition and proposed improvements will also be provided at every 25 -foot
interval
Provide Pavement Report - LaBelle -Marvin will provide a pavement report
for the project, which includes existing structural sections and several
recommended flexible pavement structural sections. Field pavement coring
PSOMAS City of Newport Beach I Cameo Highlands Street Reconstruction
7-18
will also be included. The purpose of this task is to evaluate the conditions of
the pavements, to record a detailed condition analysis in conjunction with a
proposed materials investigation, and to then prepare a recommended course
of structural improvements for all pavement areas.
The following proposed structural investigation, by pavement coring method
and laboratory analysis, provides the City with a rational design, enhancing
future pavement performance and reducing risks. The comprehensive study
defines subgrade strengths (R -Value Test Method) beneath the pavement
surface which may impact both construction logistics and long-term
performance prior to pavement construction operations.
All testing and engineering services proposed herein will provide current
structural needs and reinforcement requirements based upon the California
Highway Design Manual for Flexible Pavement and Roadway Rehabilitation.
LaBelle -Marvin, Inc., will provide the following services:
Laboratory Materials Testing
■ Subgrade soil samples taken in the field will be identified, labeled and
measured during the sampling process. Data developed during the
laboratory testing will be utilized to project probable field support
conditions during construction and highlight where appropriate special care
may be required during roadway preparation.
■ Evaluation of the present pavement thicknesses utilizing component analysis
with R -value data will be combined with future traffic estimates (Traffic
Index provided by City) for design and development of suitable, alternative
structural replacement sections.
• Laboratory tests included within this investigation are as follows:
• 11 Moisture Content Tests: Subgrade soil samples taken in the field will
be visually classified and the in-situ moisture content (CA 226) will be
determined per location.
• Two (2) R -Value Tests: Representative sample(s) will be selected and
tested for R -Value (soil strength) determinations (CA 301) on the
subgrade.
Visual Site Condition Evaluations
■ The Registered Civil Engineer will perform a site evaluation of all select
street segments. Pavement conditions will be recorded for the purposes
of compiling the recommendation plan(s) and report. Compare field
conditions with thickness data obtained during core sampling and GPR
testing. Compare field conditions with component analysis based on
representative laboratory subgrade strength testing.
Structural Design Rehabilitation Alternatives
■ A Registered Civil Engineer will supervise all operations and incorporate
results of materials testing with observed pavement conditions. Engineered
recommendations for alternate methods of pavement rehabilitation and
reconstruction will be based upon the California Highway Design Manual
for Flexible Pavement and Roadway Rehabilitation.
PSOMAS City of Newport Beach I Cameo Highlands Street Reconstruction
7-19
final Pavement Evaluation Report
e A Registered Civil Engineer will prepare the final pavement structural
investigation report. The deliverables will include all data developed
during the investigation with design structural replacement sections,
field and laboratory test data. All services will be supervised by the Civil
Engineer specializing in the evaluation and design of pavement systems and
Registered in the State of California.
■ Should this investigation show need for further analysis and/or testing, such
recommended services will be discussed thoroughly within the final report.
Phasing Plan - Psomas will prepare a Phasing Plan identifying approximate
limits of construction and broken down into phases with the intention to
minimize disruption of the community and ensure access is maintained in a
reasonable manner. 'this plan will give the City the opportunity to convey their
concerns about phasing and logistics into a document that can be included
in the contractor bid documents. The contractor can offer alternative phasing
options during the bid phase; however, the process of preparing this document
with the design team will prepare the City and team to respond appropriately
to contractor recommendations.
Construction Plans _ Construction drawings will be at a scale of 1 inch
= 20 feet. For clarity purposes, details may be drawn at a larger scale. As a
minimum, construction drawings will include a Title Sheet, Typical Sections,
Plan and Profile Sheets, Details, and Signing and Striping Plans. Drawings
will be prepared in AutoCAD Civil 3D 2015 and will comply with City CAD
standards. Once design has been completed, Psomas will submit electronic
files of each submittal and final drawings in both AutoCAD and Adobe (PDF)
format.
Special Provisions - Psomas will prepare Special Provisions to the Standard
Specifications for Public Works Construction (2015 Edition) in Microsoft
Word. An electronic copy in Microsoft Word format will be submitted at the
completion of design. City staff will provide a Special Provision boilerplate.
Cost Estimate -- Psomas will prepare an itemized cost estimate. Quantity
back-ups will also be submitted with the cost estimate. Cost Estimate will
be prepared in Microsoft Excel format. This will be an Engineer's Estimate
of Probable Cost and contractor is responsible for preparing their own
construction cost estimate for their purposes. This Engineer's estimate is
intended to assist the City in evaluating contractor bids.
Progress submittals and/or meetings will be required throughout the design
process. Milestone submittals include:
10 50 Percent Design - Includes preliminary title sheet, base plan and profile
sheets, sketches of details and sections, and preliminary quantities and cost
estimates.
■ 90 Percent Design - Includes final plans, completed specifications, and final
quantities and cost estimates. All 50 percent design review comments will be
addressed at this time.
■ 100 Percent Final Design - Includes final plans, completed specifications,
and final quantities and cost estimates. All 90 percent design review
comments will be addressed at this time.
PSOMAS City of Newport Beach I Cameo Highlands Street Reconstruclion
7-20
Task 4 — Project Management, Coordination and Meetings
Psomas will meet with City staff during the design process to review and
discuss progress and coordinate courses of action. It is anticipated that a
maximum of four (4) design meetings will be required in addition to an initial
project kick-off meeting, and project submittal meetings at 50%, 90% and
100% design submittals.
Psomas will provide project management and coordination between the City,
Psomas and other project consultants. We will prepare meeting minutes,
distribute progress documents, and review information provided by other
consultants. We will compile and coordinate submittal documents and
monitor and report on project schedule, scope of work and budgets. Psomas
will maintain communications with the City relating to development of the
project design, technical issues and decisions, and requests for information
from other Team Members or Agencies.
Task 5 — Construction Support Services
Psomas will revise final construction drawings, project specifications, and any
bid addendum during the bidding process and resolve any discrepancies.
Psomas will attend the pre -construction meeting and will be available to
respond to questions.
Psomas will review shop drawing and/or material submittals related to the
design
Psomas will provide guidance and recommendations to the City with respect
to the contractor's general conformance to plans and specifications. Psomas
will not be responsible for project construction inspection but will provide
observation when appropriate and provide clarifications and recommendations
as issues arise relative to the plans prepared by the team. Construction
duration is assumed to be approximately four (4) months for purposes of
estimating these services.
As -built Drawings and Project Close Out — Upon completion of
construction, Psomas will prepare as- built drawings based on contractor
mark-ups. As -built drawings will be submitted in AutoCAD and Adobe (PDF)
format. Mylar hard copies are not required.
The following items are excluded from this proposal:
■ Relocating or removal of any existing overhead or underground dry utility
systems (onsite or offsite) affected by the proposed project improvements
other than those detailed per the Exhibit A.
■ Conduit, cable design, or composite exhibit for SCE, The Gas Company,
Frontier, and Spectrum. Psomas will coordinate with SCE, The Gas
Company, Frontier, and Spectrum as they prepare their conduit and cable
designs for this project.
m Building and/or meter room design coordination. It is the responsibility of
the City's Electrical Engineer and/or Architect to design project plans to
the serving utility requirements and standards. Any deviation from this will
result in potential project delay. Coordination or negotiation of the building
and/or meter room design with the utility is not included.
PSOMAS City of Newport Beach I Cameo Highlands Street Reconstruction
7-21
d 2lb151b pressure approval letter from the Gas Company. 'These letters are
typically available at the end of the Gas Company design phase. Should
these letters be required earlier for permitting/plan approval purposes, the
plumbing engineer will be responsible for coordinating directly with the Gas
Company.
■ Location of Gas 5lb step-down regulator(s) within the building.
■ Electric Maximum Fault Current Value/Letter approval letter from SCE.
'This information/letter is typically available at the end of the design phase.
Should these letters be required earlier for permitting/plan approval
purposes, the electrical engineer will be responsible for coordinating directly
with SCE.
Switchgear plan submittal for approval by SCE. The electrical engineer is
required to coordinate with the switchgear manufacturer to submit to the
appropriate SCE planner for the project location to obtain an approval
on the selected switchgear prior to order and installation. Typically, the
switchgear manufacturer has all the contact information necessary for this
task.
® Temporary Service.
■ Lot, building, and unit addressing per the utilities request. It will be the
responsibility of the City and/or development team to provide in an Excel
document all addresses for the lot(s)/building(s)/unit(s) within the project
site. For residential lots this includes a City approved list on City letterhead.
For multi -unit building(s) this address list must include the unit numbers
and associated meter panels for each unit.
® Offsite backbone bring -up work order coordination and design.
• Any permit coordination, processing, and/or language assistance. Each
utility company will be responsible for permit submittal. Psomas will not
process any permits for this project.
■ Disconnection and/or removal of any existing dry utility services.
■ Service Extension Coordination. Psomas will not coordinate with field
personnel to schedule the physical extension of services (ducts, structures,
and cable) to the homes/buildings.
■ Utility Service Application. It is the responsibility of the developer to contact
the utility companies to place their order for service and initiate appropriate
billing for this service directly.
■ Field identification of utility lines/conflicts. It will be the responsibility of
the developer and their contractor to coordinate any necessary pothole/
survey effort in the field. The developer and contractor are responsible for
contacting a utility locating service such as Dig Alert 800-227-2600 to verify
any utility system locations.
■ Plan check submittal and associated fees will be the responsibility of the client.
. Site/landscape lighting and electrical engineering services
PSOMAS City of Newport Beach I Cameo Highlands Street Reconstruction
7-22
The Psomas project team includes well-qualified staff members to provide the
City with the full range of engineering services needed for this project. The
team will be led by Bob Talafus, PE, QSD, ENV SP, serving as Principal-in-
Charge/Project Representative, and Matt Heideman, PE, QSD/P, ENV SP,
serving as Project Manager/Alternative Project Representative, The project
team has the expertise to provide the City with a comprehensive full range of
services that may be needed for the project. Full resumes highlighting relevant
experience for all key staff members on the Organization Chart shown below
and listed above begin on the following page of this submittal. The key star will
be supported by an additional 20 professional engineers and 16 surveyors from
our Santa Ana office who can assist as needed. Staff members work seamlessly
together as a team with our proposed subconsultants and are available to
provide as -needed support to ensure that the City's project schedules are met.
ORGANIZATION CHART
The organization chart below identifies team members' roles, project hierarchy,
and lines of communication.
Matthew Heideman PE, DSD/P ENV SP
Psomas
TRAFFIC ENGINEERING SURVEY
Arief Naftali, PE, TE, EE, ENV SP
Psomas
PSOMAS
Tom Pilarski, PLS
Psomas
Robert J. ToIafus, PE, QSD, ENV SP
Psomas
Steven R. Marvin, PE
LaBelle -Marvin, Inc.
City of Newport Beach I Cameo Highlands Street Reconstruction
7-23
EXHIBIT B
SCHEDULE OF BILLING RATES
PSOMAS Page B-1 7-24
EXHIBIT B
FEE SCHEDULE
Cameo Highlands Street Reconstruction Contract No. 7067-1
Project No. 20R21
Task 1: Data Collection & Surveying
Task 2: Base Mapping
Task 3: Design
Task 4: Project Management, Coordination & Meetings
Task S: Construction Support
Subtotal:
Pavement Engineering Services:
Total Not -To -Exceed:
$225,425.00
$7,810.00
$233,235.00
7-25
-, WORK BREAKDOWN STRUCTURE
DESCR.[FTIOM
7-26
R-_Nzarch
FlutiZAMUL Vcrtic:al Contrul ctrl AT's
Tu oma by - Ficld
C unitul and TupuP-aphv DLLLa ?Tuu:;,5irm
Aerial Fli_ht and imam ifixt-dl
Atria€ I OLI cel
2.0 Base Lia in
BascAfs pine-=Lap.erBinmdary
BiL,c Mapping - Tu uLru by
Blur Mapping - Q.i. QC
Base NLpping Dcli svry
3.1 50% Design
Research std Dmla Culledim
f: lil i Ly C uurdi nali un
E.iisdmn 25 R Crus., Sm ions 1320
P av etntM L Report
PhiLsin L DLLtllnc
5(M Plan Preparation (21 shu)
II LLLIl ft'.' 'P'Special PruvLtituns
?irhminary numlitics
I.1:i-1t 2nd SuhmimdPrep
3.2 90% Design
R 4pmid to Cummur nt\
Pr -,parr 71tasinq Plan
Add Prupowd Cuudiltun Lu 25' CruNs ScuLions
Prcparc 40% CuwsLrustiun Dm-,;
Cust L•sLinuac Updatc
SpIxial Provt\Ions
(),trQC ltd SLLbFniLlaL Pr.
3.3 100% Design
Respund to CummtmLs
Prcpam I OW. Construction PLkm and Specs
is p4uLc CusL E,tirnatt
C A.QC and Suhmival Pr.
4.0 Praject plana.-ement. Coordination and Meetings
Pruj=L tyfanl cm rrl and CuunlinaLiun
S mc-_LirtL!s
I kickulf. 3 suhmitLd tutus 211d ; d, -Si ;n rnrct n_� 7
5.0 Construction Support
Rt:gWrnd to City Cunrnt=Ls turd L LLr Bid DOLL MnS
Rtaftund Lu Bid QucusLiimti
Rcvisc Plans and SptY
1s,ue Bid Addendum
Prc-4 :�ruUu:;tiunlfectin
Rcvi.w ShopDrawimf 2nd Submittals
Res and to RT -Ts and rotiidc Field Re cuTTr mrndaliums
Jt, Built Dmwires ;mdPrui t -A Close OuL
999 OAC
Reim bu rs able s
7-26
2019 Fee Schedule
PSOMAS
Orange County, California
Facilities Infrastructure and Development
Mileage at current IRS allowable rate and parking expenses incurred by office employees
is charged at cost. Per Diem rates- S150 per day, per employee.
Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten
percent. The services of outside consultants will he charged at cost plus fifteen percent.
Special Equipment and Other Costs
$250.00 per day - 3D Laser Scanner (Static)
S5, 000.00 per day — 3D Laser Scanner (Mobile Mapping System)
Standard computer and technology costs are incorporated into the hourly rates shown above.
The above schedule is for straight lane. Overtime will he charged at 135 percent of the standard hourly rales.
Sundays and holidays will be charged at 170 percent gl'the standard hourly rates.
PSOMAS
7-27
Hourly Rates
Office Services
$75.00-
S110.00 - Project Assistants/Administrative/Word Processing
S85.00-
S130.00 - Designer, Assistant Engineers, Assistant Planners
S135.00-
'5180.00 - Planners, Engineers and Surveyors
S165.00- S195.00 - Survey/GIS Project Management
S175.00-
S250.00 - Project Management, Directors
S175.00-
S250.00 - Planning and Entitlements, Principals
Hourly Rates
Field Services
5'185.00
- One-man Survey Party
.5285.00
- Two-man Survey Party
$395.00
- Three-man Survey Party
5150.00
- Field .Supervisor
Hourly rales for field survey parties include normal usage offield equipment and are fully equipped rates.
Reimbursables
Mileage at current IRS allowable rate and parking expenses incurred by office employees
is charged at cost. Per Diem rates- S150 per day, per employee.
Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten
percent. The services of outside consultants will he charged at cost plus fifteen percent.
Special Equipment and Other Costs
$250.00 per day - 3D Laser Scanner (Static)
S5, 000.00 per day — 3D Laser Scanner (Mobile Mapping System)
Standard computer and technology costs are incorporated into the hourly rates shown above.
The above schedule is for straight lane. Overtime will he charged at 135 percent of the standard hourly rales.
Sundays and holidays will be charged at 170 percent gl'the standard hourly rates.
PSOMAS
7-27
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
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. Coveraqe 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.
PSOMAS Page C-1 7.28
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.
PSOMAS Page C-2 7-29
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
PSOMAS Page C-3 7-30
judgment may be necessary for its proper protection and prosecution of the
Work.
PSOMAS Page C-4 7-31