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HomeMy WebLinkAbout10 - Balboa Boulevard Median Improvements (19R11) — Approval of AgreementQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report February 25, 2020 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer, ATran@newportbeachca.gov PHONE: 949-644-3315 TITLE: Balboa Boulevard Median Improvements (19R11) — Approval of Professional Services Agreement with Civil Works Engineers, Inc., Contract No. 7629-1 ABSTRACT: Staff issued a Request for Proposal (RFP) for engineering services to prepare construction documents for median, landscape and irrigation improvements along Balboa Boulevard from 12th Street to Medina Way. The intent of this project is for the design to match the overall concept and aesthetic of the existing medians on Balboa Boulevard between 21St Street and 12th Street. Staff is requesting City Council's approval to enter into a Professional Services Agreement with Civil Works Engineers, Inc. to 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 Civil Works Engineers, Inc. of Costa Mesa, CA, for the Balboa Boulevard Median Improvements project at a not -to -exceed price of $177,764.00, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The Capital Improvement Program budget includes sufficient funding for this service. It will be expensed to the Balboa Village Parking Management account in the Public Works Department, Account No. 53501-980000-19R11. The consultant's proposed not -to - exceed fee for this service is $177,764.00. 10-1 Balboa Boulevard Median Improvements (19R11) —Approval of Professional Services Agreement with Civil Works Engineers, Inc., Contract No. 7629-1 February 25, 2020 Page 2 DISCUSSION: As part of the City's Capital Improvement Program for Fiscal Year 2019-20, the City plans to continue the implementation of streetscape improvements along Balboa Boulevard as identified in the Concept Plan approved by the Balboa Village Advisory Committee. The overall concept and aesthetic of the existing medians on Balboa Boulevard between 21St Street and 12th Street, which were previously completed as part of the 15th Street/ Balboa Boulevard Revitalization project in 2016, will be extended along Balboa Boulevard from 12th Street to Medina Way. The proposed improvements involve removing existing medians and landscaping; modifying and constructing medians, storm drain lines and catch basins; installing median hardscaping, irrigation system and landscaping; and modifying and installing new street signs and pavement striping. Staff recently requested proposals from five consulting firms to provide professional engineering services for the Balboa Boulevard Median Improvements project. Three proposals were received and reviewed by a three-person technical panel. The scoring for the proposals is as follows: PROPOSER TOTAL SCORE OVERALL RANK Civil Works Engineers, Inc. 96.3 1 Stantec Consulting Services, Inc. 93.0 2 TAIT & Associates 89.0 3 Civil Works Engineers, Inc. demonstrated that they have the expertise and experience needed to complete construction documents for streetscape enhancement projects. In addition, Civil Works Engineers, Inc. has successfully completed similar projects for other local agencies as well as the City of Newport Beach. Therefore, staff recommends approving a Professional Services Agreement with Civil Works Engineers, Inc. to complete the final design efforts for the Balboa Boulevard Median Improvements project. The proposed Scope of Work includes research and data collection, utility coordination, field surveying services, landscape and irrigation design services, preparation of final construction plans, and construction support services. Construction is tentatively planned for winter 2020-21. Funding for construction will be included with the proposed FY 2020- 21 Capital Improvement Program budget. 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. 10-2 Balboa Boulevard Median Improvements (19R11) —Approval of Professional Services Agreement with Civil Works Engineers, Inc., Contract No. 7629-1 February 25, 2020 Page 3 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 10-3 ■ — =n D� Z — Z r rQ PACIFIC OCEAN — LIMITS OF WORK ATTACHMENT A G1 BALBOA BOULEVARD CITY OF NEWPORT BEACH MEDIAN IMPROVEMENTS PUBLIC WORKS DEPARTMENT LOCATION MAP C-7629-1 19R11 2/25/20 10-4 ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS, INC. FOR ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN IMPROVEMENTS PROJECT (19R11) THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 25th day of February, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CIVIL WORKS ENGINEERS, INC., a California corporation ("Consultant"), whose address is 3151 Airway Avenue, Suite T-1, Costa Mesa CA 92626, 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 Balboa Boulevard Median Improvements 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 . ollows:1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2022, 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 10-5 Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 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 One Hundred Seventy Seven Thousand Seven Hundred Sixty Four Dollars and 00/100 ($177,764.00), 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 Civil Works Engineers, Inc. Page 2 10-6 reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Marie Marston, 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 Civil Works Engineers, Inc. Page 3 10-7 requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 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 Civil Works Engineers, Inc. Page 4 10-8 of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator 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. Civil Works Engineers, Inc. Page 5 10-9 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 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 Civil Works Engineers, Inc. Page 6 10-10 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 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 Civil Works Engineers, Inc. Page 7 10-11 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. 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 Civil Works Engineers, Inc. Page 8 10-12 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: 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: Marie Marston Civil Works Engineers, Inc. 3151 Airway Avenue, Suite T-1 Costa Mesa, CA 92626 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.). Civil Works Engineers, Inc_ Page 9 10-13 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. 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. Civil Works Engineers, Inc. Page 10 10-14 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. 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, Civil Works Engineers, Inc. Page 11 10-15 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] Civil Works Engineers, Inc. Page 12 10-16 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: ?_ I 41;k Z<Z:> By: Aaron C. Harp o �'�' City Attorney �aC' ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONSULTANT: CIVIL WORKS ENGINEERS, INC., a California corporation Date: In Leilani I. Brown J. Marie Marston City Clerk Chief Executive Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C -- Insurance Requirements Civil Works Engineers, Inc. Page 13 10-17 EXHIBIT A SCOPE OF SERVICES Civil Works Engineers, Inc. Page A-1 10-18 EXHIBIT A SCOPE OF SERVICES ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN IMPROVEMENTS PROJECT (19R11) Proiect ADDroach and Scooe of Work Consultant will coordinate and manage the engineering design team consisting of Consultant and subconsultants (the landscape architect and surveyor). This team will provide the civil engineering, traffic engineering, landscape architecture, and surveying services required for the project to provide a complete set of construction documents consisting of plans, specifications, and a quantity/cost estimate (PS&E). Consultant proposes to assign as the Senior Project Manager, Marie Marston, P.E. supported by her Deputy Project Manager, Ricky Chan, P.E., T.E., P.T.O.E., both of whom have worked previously with the City of Newport Beach. The landscape architect subconsultant's primary representative shall be Dan Herman, Principal and the alternate representative is Maro Urena. The design team's representatives shall remain in responsible charge of all duties from contract negotiations through project completion. If the primary representative is unable to continue with the project, then the alternate representative shall become the primary representative upon the City's approval. Consultant shall provide complete street, landscape, and irrigation design services for the project in accordance with the latest City -approved Standard Specifications for Public Works Construction (which, as of this date is the 2015 Edition) and the City of Newport Beach Design Criteria, Standard Special Provisions, and Standard Drawings (2004 Edition), including supplements. The design team will initiate the project through a kick-off meeting with the City to learn of the previously prepared documents for this project, set the project course and schedule, and to learn of particular needs of the City for the PS&E. For example, from review of the Capital Improvement Program sheet for this project, Consultant understands that there was a concept plan prepared; Consultant will request copies of these plans and discuss with the City. Similar to the previous project concept plan, pictured to the right, Consultant anticipate the concept plan would likely indicate but not be limited to providing locations of median changes such as bulb -outs, locations of planters, locations of trees, cross section widths, and any accent paving features. The following scope of work is proposed: A. Research and Data Collection B. Utility Research, Mapping and Coordination C. Field Surveying Services D. Base Mapping E. Landscape and Irrigation Design Services F. Environmental Documents and Permitting G. Construction Documents H. Progress Meetings I. Construction Support Services 10-19 The above tasks are described in greater detail below Task A — Research and Data Collection Consultant shall research, collect, and review all available information relative to the project such as preliminary concept plans, preliminary engineering reports, record drawings, street centerline ties, storm drain plans, and utility maps. In addition to City record drawings, Consultant shall coordinate with other agencies, such as the Orange County Sanitation District (OCSD), for existing improvement plans for the existing sewer. Consultant shall coordinate with the City for previous project related documents. It is assumed the City will provide right of way line information for inclusion on the base map and no research for this is included. This task will also include researching and providing recommendations for drought resistant plants. Task B — Utility Research, Mapping and Coordination Consultant understands the City will make the first contact with the utility owners to obtain their as -built plans or atlas maps. The City shall forward the existing facility maps to Consultant. These maps will show location, type, and size of facility. Information collected from the owners shall be added to the project base map to become a part of the construction plans. Once shown on the base maps, Consultant will forward these back to the utility companies for verification. The types of facilities could include mains, service lines, meter boxes, valve cans, manhole covers, traffic signal conduit, etc. Consultant will send out subsequent notices if necessary. This task includes continued coordination and related follow-up with the affected underground and overhead utility companies regarding the specific impact locations with the project and whether they are intending future changes that Consultant should be aware of. Consultant will preliminarily determine the conflicts or impacts the improvements will have with the existing utilities and summarize the information on the plans. All coordination and correspondence will follow any specific City utility coordination procedures. Consultant shall maintain a utility log file throughout the project development. The City shall be kept informed of contacts with the utility companies and, if desired, will receive copies of collected utility information and correspondence. Utility adjustments such as valve cans and manholes, if needed, shall be shown on the project plans. Relocations and major modification of utilities are not anticipated as utility conflicts are expected to be minimal, consisting primarily of adjustment to grade of surface manholes and valve covers. Costs associated with utility modifications will be included in the cost estimate. Because Consultant does not anticipate relocations; prior rights determinations are not anticipated to be needed and therefore, not included in this scope. At the submittals described in Task G below, one set of construction plans will be forwarded to each of the utility companies. Consultant expect the utility companies will verify their facilities. No utility modification design or relocation design is anticipated to be necessary from the owners. No changes are anticipated to the existing median street lighting. Potholing of existing utilities is not included in this scope of work. Should that be determined necessary, Consultant can provide the City with an estimate/amendment proposal at that time. 10-20 Task C — Field Surveying Services Consultant shall perform all field survey for approximately 3,600 lineal feet of Balboa Boulevard necessary to complete the project. The detail coverage will be by ground conventional survey. The survey shall include the standard monumentation and record mapping requirements for pre - construction corner records "Monument Preservation" of the California Professional Land Surveyor's Act. The Basis of Bearings and Benchmark shall be consistent with Orange County Survey Horizontal Control and the North American Vertical Datum, 1988, respectively. Consultant understands the City can provide aerial photos of the project site. At a minimum, survey shots shall include top of curbs (edges and median), flow lines, back of walk, edge of gutters/pavement, crown lines, angle points, and grade breaks at 25 feet cross section intervals. It will also include centerline of driveway approach, beginning, half delta, and ends of curb returns, top and bottom of 'Y'. All visible surface objects of culture (e.g., walls, landscaping, power poles, storm drain, and utility appurtenances) will be included. Pavement striping, crosswalk locations, and spandrels will also be obtained. It is not anticipated that invert elevations of the storm drain catch basins or sewer manholes would be needed, however, that can be added if the City desires. Monument preservation is not included in this scope of work as Consultant understands the City will have the contractor's surveyor perform it. Aerial topographic mapping is not included in this scope. A boundary survey will not be performed. Task D — Base Mapping Upon completion of the above Tasks A through C above, Consultant shall prepare a base map using City of Newport Beach CAD standards. Survey field data will be downloaded and imported into AutoCAD, a digital terrain model (DTM) will be produced with 1 -foot contour intervals, and cross sections cut at the appropriate intervals. Record map information will also be included to determine and indicate the existing right-of-way lines. Utility information will be added to the base map as described in Task B. The base map shall include, as a minimum, street centerlines, median curbs, gutters, pavement striping, topographic features such as streetlights, signs and trees, 1 -foot contour lines, and existing utility lines as known. An onsite field edit shall be performed to validate the accuracy of the assembled base mapping. Task E — Landscape and Irrigation Design Services Consultant's landscape architecture subconsultant shall be responsible for the design of the landscaping, irrigation and hardscaping in order to meet the goals of the project and to match the existing median landscape, irrigation and hardscape improvements on Balboa Boulevard between 21st Street and 12th Street. Subconsultant's scope of work includes design of hardscape, planting, and irrigation plans to provide landscaping for raised medians, decorative pavers for raised medians, crosswalks, hardscape modifications at existing median planters, planting trees, median planter landscaping, and designing a new automated irrigation system including electrical hookups to proposed irrigations controllers. Consultant and subconsultant efforts shall result in a single coordinated set of construction documents (PS&E). 10-21 Task F — Environmental Documents and Permitting Consultant understands that City will prepare and process the environmental document. Consultant shall coordinate with the City if necessary, during the development of the document. Task G — Construction Documents Consultant suggests this task be separated into preliminary engineering and final engineering. At the conclusion of construction, Consultant shall prepare as -built drawings. Preliminary Engineerinq During the preliminary engineering phase, Consultant shall identify the proposed improvements through discussions with City staff and review of previously developed documents. Consultant shall evaluate the existing medians, assess the feasibility and determine whether the 1 -foot widening should be part of the project, and identify utility locations to coordinate the locations of trees and other landscaping as well as irrigation facilities. Consultant shall develop a preliminary plan (25% level) to indicate the proposed improvements. This preliminary plan would include typical sections and a layout sheet to indicate: • Proposed locations of hardscape improvements • Existing and proposed widths of cross section elements (lane and shoulder, parking, sidewalk, medians) • Striping • Cross walk locations and widths • Parking locations • Existing utility lines and surface features • Existing tree locations Following the development of the preliminary plan, the City would review and confirm the design intent. Upon the City's concurrence, Consultant would proceed with final engineering consisting of plans, special provisions, and a quantity cost estimate. Final Engineering The final engineering phase consists of plans, special provisions, and an estimate as follows: 1. Plans — Construction drawings shall be at a scale of 1 inch = 20 feet with details at a larger scale for clarity. It is anticipated the construction drawings will include: • Title Sheet (1) • Notes, Index (1) • Typical Sections (1) • Plan and Profile Sheets (6) • Details (2) • Signing & Striping Plans (6) • Hardscape Construction Layout • Hardscape Construction Details • Planting Plans • Planting Details 10-22 • Automatic Irrigation Plans (downstream from irrigation point of connection) • Irrigation Details The plan sheets will include centerline, right of way lines, utilities as identified, storm drain facilities, existing improvements and proposed improvements. It is assumed the layout and profile would be included on the same sheet. Details will likely be at the intersections and any places of median changes. A signing inventory will be performed and existing signs will be noted on the drawing. Consultant shall assess the condition of the signs as to whether replacement is needed. Striping and delineation may change and is likely dependent upon whether the median is widened thereby pushing out the center parking stalls. Drawings shall be prepared in Auto CAD and shall comply with City CAD standards. All drawings shall be transmitted to the City electronically in both AutoCAD (.dwg) and Adobe (.pdf) formats. The staging of the construction is an important factor to the timely completion of the project and to minimizing inconvenience to the public both travelers and residents who use the street for parking. The project construction will reduce the travel lanes and parking areas at times. Consultant shall discuss with the City if staging plans are needed. For purposes of this proposal, Consultant has assumed no staging or construction traffic handling plans will be prepared. Rather, the requirements of numbers of lanes and parking stalls to keep open would be included in the specifications for the contractor to determine the means and methods for maintenance of lanes and parking. A geotechnical investigation is not a part of this project. Should pavement need to be replaced it would be shown as full depth thickness asphalt concrete to match the adjacent section. No traffic signals exist within this section. It is not anticipated that storm drain patterns would be altered. As no changes would be made to the storm drain system, no drainage study or drainage plans are included in this scope. Median changes may necessitate the reconstruction of catch basins. If necessary, they would be shown on the plan sheet rather than on a separate drainage plan. No changes to existing driveways or sidewalks are anticipated. Consultant shall discuss with the City if curb access ramps require upgrades. No water quality measures are proposed as part of the project. No Water Pollution Control Plan is included in the proposal. Erosion control during construction would be a requirement of the awarded contractor. Existing water pressure and soil analysis shall be provided by the City. Should any portion of the street's structural section need replacement, Consultant anticipates the City will advise Consultant of the appropriate structural section. No geotechnical investigation is included. 2. Special Provisions — Consultant shall prepare the project Special Provisions to the Standard Specifications for Public Works Construction (2015 Edition) "Greenbook" in Microsoft Word. An electronic copy in Microsoft Word format shall be submitted at the completion of design. City shall provide a Special Provisions boilerplate template. The City will provide the proposal forms, current Standard General Provisions, and Construction Contract Agreement to incorporate into the document. Consultant will work with the City on assembling the entire contract document package. 3. Cost Estimate and Bid List — A cost estimate shall be prepared to ensure the City has adequate funds for construction and also to provide the engineer's estimate for construction. The estimate will show quantities and unit prices for each work item along with appropriate mobilization and contingency costs. Costs for associated utility work, if any, would be included 10-23 in the estimate. Consultant shall research the latest unit prices available and consult the City on specific prices and use Consultant's own information from other recent bids as available to ensure the unit prices are current. The cost estimates will be updated at each submittal to reflect the current stage of design. Quantity back-ups shall also be submitted with the cost estimate. Consultant shall submit the construction cost estimate in Microsoft Excel format. Using the cost estimate as a basis, Consultant shall determine which items in the cost estimate will be included as contract items in the bid list. An essential part of the construction document set is to prepare the bid proposal with references to the location of the Contractor's payment clause. In this manner, Consultant can ensure that all bid items have a clear manner of payment. Consultant shall cross-check the construction plans, cost estimate and bid item list to ensure all items of work are correctly accounted for. Task H — Progress Meetings Consultant's team will meet with City staff during the design process to review and discuss progress and coordinate the direction of the project. It is anticipated that five design meetings plus the kickoff meeting will be held. Consultant may also need to meet with the City at times of the project submittals. Consultant shall prepare meeting minutes for each meeting. No public meetings are anticipated. Task I — Construction Support Services Consultant shall serve the City during construction of the project as requested. The following assistance is anticipated. 1. Fina! PS&E — Consultant shall revise final construction drawings, project specifications, and any bid addendum during the bidding process to resolve any discrepancies, update the documents per decisions made, etc. 2. Pre -Construction Meeting — Consultant shall attend the pre -construction meeting and will respond to questions raised by the City and contractor. 3. Submittals — Consultant shall review shop drawings and material submittals as submitted by the contractor during construction. This will also include review and responses to Requests for Information (RFIs). 4. Construction Guidance — To ensure the project is constructed following through with the intent of design, Consultant shall provide guidance and recommendations to the City with respect to the Contractor's general conformance to plans and specifications. Additionally, Consultant shall provide plant selection and tagging through visits to southern California nurseries to review and tag plant material for use on the project. One 8 -hour day is allocated for this effort. Monitoring landscape and irrigation construction progress will be performed along with advising the City with respect to the contractor's general conformance to the drawings and specifications, visiting the site, and making field recommendations. Consultant assumes that a maximum of twelve (12) site visits to monitor some, if not all, of the following stages of landscape construction: Review of paving mock-ups. Layout of major hardscape elements i.e., paving, tree grates and signage (2 visits). 10-24 • Review of installed hardscape elements. • Layout of plant material (4 visits). • Irrigation sprinkler coverage test. • Pre -final Walkthrough prior to the start of the 90 -day landscape maintenance period. • Final Walkthrough prior to the start of the 90 -day landscape maintenance period. • Final Walkthrough for project acceptance 5. As -built Drawings — Upon completion of construction, the team will prepare as -built drawings based on Contractor mark-ups. As -built drawings shall be submitted in AutoCAD and Adobe (PDF) format. Mylar hard copies will not be submitted. Consultant shall not provide construction inspection, observation, and administration. Other construction support services that Consultant could be involved with, however, for purposes of this proposal we have not included are: pre-bid meeting, assistance with bid process, responding to bidders questions, bid analysis, site visits, and construction meetings. Submittals Consultant shall comply with the City's progress submittals as identified within the RFP. This will include a submittal at 50 percent, 90 percent, 100 percent, and Final. At each submittal, responses to comments from the previous submittal will be provided. After the final approval review, Consultant will submit a signed and sealed set of original drawings and specifications for final approval. 10-25 PROJECT SCHEDULE Act Orig Early Early Ib Description D,r Start Finish Preliminary Engineering 100 � Notice To Proceed 105 Project Kick -Off Meeting 110 A. Research & Data Collection 115 B. Obtain Utility Info From City 120 C. Field Surveying Services 125 D. Basemap Preparation PS&E 310 200 F. Fnviro Doc and Permitting 205 E Landscape & Irrigation Design 210 G. Preliminary Engineering Plan 215 G. City Review 220 G. Prepare 50% PS&E 225 G. City Review 230 G. Prepare 90% PS&E 235 G. City Review 240 G. Prepare 100% PS&E 245 G. City Review 250 G. Prepare Final Submittal 255 G City Approve PS&E 260 B. Utility Coordination Construction 300 _ City Advertise for Bids 305 Bid Opening 310 Verify Bids 315 Council Award D 25FEB20 '24FEB20 5 25FEB20 02MAR20 10 25FEB20 09MAR20 10 03MAR20 16MAR20 15 03MAR20 23MAR20 10 24MAR20 OBAPR20 50 50 10 03MAR20 ;11 MAY20 13MAY20 21 JUL20 OBAPR20 21APR20 15 22APR20 12MAY20 20 13MAY20 09JUN20 15 30 1OJUN20 01JUL20 30JUN20 11AUG20 01SEP20 15 12AUG20 15 02SEP20 22SEP20 15 23SEP20 130CT20 5 140CT20 2DOCT20 15 O10CT20 21OCT20 31AUG20 120 17MAR20 2020 tice To Proceed Project Kick -Off Meeting ■A. Research & Data Collection 0 B. Obtain Utility Into From City 77C. Field Surveying Services ^D. Basemap Preparation F. Enviro Doc and Permitting r► E. Landscape & Irrigation Design Services G. Preliminary Engineering Plan 0 G. City Review G. Prepare 50% PS&E G. City Review G. Prepare 90% PS&E MG. City Review 7G. Prepare 100% PS&E �G. City Review Prepare Final Submittal ��. City Approve PS&E B. Utility Coordination Start date 25FEB20 Finish date 01 MAR21 Data date 25FEB20 O Primavera Systems, Inc. CITY OF NEWPORT BEACH Balboa Boulevard Median Improvements CIVIL WORKS ENGINEERS PROJECT SCHEDULE 10-26 45 22OCT20 23DEC20 �► City I Bid C 11. 15 24DEC20 28DEC20 24DEC20 18JAN21 30 1 OJAN21 01 MAP21 Start date 25FEB20 Finish date 01 MAR21 Data date 25FEB20 O Primavera Systems, Inc. CITY OF NEWPORT BEACH Balboa Boulevard Median Improvements CIVIL WORKS ENGINEERS PROJECT SCHEDULE 10-26 EXHIBIT B SCHEDULE OF BILLING RATES Civil Works Engineers, Inc. Page B-1 10-27 EXHIBIT B SCHEDULE OF BILLING RATES ENGINEERING SERVICES FOR THE BALBOA BOULEVARD MEDIAN IMPROVEMENTS PROJECT (19R11) Total Not -To -Exceed Tasks A — I: $1771764 Schedule of Billing Rates: POSITION HOURLY RATE Principal $165.00 Senior Project Manager $150.00 Project Mana er/Pro ject Engineer $130.00 Engineer $115.00 Staff Engineer/Senior Designer $110.00 Junior En ineer/Desi ner $90.00 CARD Technician $80.00 Administrative Support $65.00 10-28 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. Civil Works Engineers, Inc. Page C-1 10-29 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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Civil Works Engineers, Inc. Page C-2 10-30 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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. Civil Works Engineers, Inc. Page C-3 10-31 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. Civil Works Engineers, Inc. Page C-4 10-32