HomeMy WebLinkAbout05 - East Coast Highway Pavement Rehabilitation (21 R12) — ApprovalQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
July 14, 2020
Agenda Item No. 5
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: East Coast Highway Pavement Rehabilitation (21 R12) — Approval
of Professional Services Agreement with Michael Baker
International, Inc., Contract No. 7807-1
ABSTRACT:
As part of the City's Pavement Management Program, East Coast Highway from
MacArthur Boulevard to Newport Coast Drive is scheduled for pavement rehabilitation in
Fiscal Year 2020-21. Staff is requesting City Council's approval to enter into a
Professional Services Agreement with Michael Baker International, 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 Michael Baker International, Inc., of
Irvine, CA, for the East Coast Highway Pavement Rehabilitation project at a not -to -
exceed price of $398,185, and authorize the Mayor and City Clerk to execute the
Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this service. Design cost will
be expensed to the East Coast Highway Pavement Rehabilitation Project in the Adopted
FY 2020-21 CIP budget, Ac No. 13701-980000-21R12. The consultant's proposed not -
to -exceed fee for this service is $398,185.
DISCUSSION:
The Iconic Pacific Coast Highway (or State Route 1) runs through the City and functions
as an urban highway serving interstate, regional and local traffic needs.
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East Coast Highway Pavement Rehabilitation (21 R12) — Approval of Professional
Services Agreement with Michael Baker International, Inc., Contract No. 7807-1
July 14, 2020
Page 2
A portion of this highway, from Jamboree Road to Newport Coast Road was relinquished
by Caltrans to the City of Newport Beach in September 2004, and thus the City is now
responsible for on-going maintenance for this portion of the Pacific Coast Highway. With
approximately 50,000 vehicles per day utilizing this highway through Corona del Mar, the
asphalt roadway has deteriorated over the past 16 years. The City's Pavement
Management Plan is now identifying that the segment between Macarthur Boulevard and
Newport Coast Drive is due for pavement rehabilitation and funding for this project was
included within the recently adopted FY 2020-21 CIP budget
Proposed street improvements involve asphalt pavement patching and surface grinding,
as well as placing rubberized asphalt overlay over the existing pavement. Additionally,
reconstructing deteriorated concrete sidewalks, curbs, gutters and access ramps,
adjusting utility boxes to grade, installing/replacing street signs, and restriping the
pavement are included within the project scope of work.
Staff requested proposals from five consulting firms to provide professional engineering
services for the design of the East Coast Highway Pavement Rehabilitation project. Four
proposals were received and reviewed by a three-person technical panel. The scoring
for the proposals was as follows:
PROPOSER
TOTAL SCORE
OVERALL RANK
Michael Baker International, Inc.
274
1
Stantec Consulting Services, Inc.
271
2
Psomas
262
3
Mark Thomas & Company, Inc.
245
4
Michael Baker International, Inc. demonstrated that they have the best level of expertise
and experience needed to complete the construction documents for this pavement
rehabilitation project. In addition, Michael Baker International, 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
Michael Baker International, Inc. to complete the final design efforts for the East Coast
Highway Pavement Rehabilitation project.
The proposed Scope of Work includes research, data collection, utility coordination, field
surveying, base mapping services, pavement report consisting of surface and subsurface
condition assessment, pavement coring, deflection testing and analysis, ground
penetrating radar, identification of isolated asphalt pavement reconstruction, laboratory
testing of soil underneath the pavement, and rehabilitation recommendations.
The consultant will prepare construction documents consisting of improvement plans,
specifications and a construction cost estimate. The scope of work also includes assisting
staff with coordination and public outreach with the many residents and business owners
along East Coast Highway. Construction is tentatively planned to start in the Fall of 2021.
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East Coast Highway Pavement Rehabilitation (21 R12) — Approval of Professional
Services Agreement with Michael Baker International, Inc., Contract No. 7807-1
July 14, 2020
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
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ATTACHMENT A
LIMITS OF WORK
EAST COAST HIGHWAY
PAVEMENT REHABILITATION
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7807-1 21 R12 7/14/20
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ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC. FOR
PROFESSIONAL ENGINEERING SERVICES FOR EAST COAST HIGHWAY
PAVEMENT REHABILITATION (C-7807-1)
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 14th day of July, 2020 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation ("Consultant"),
whose address on file with the California Secretary of State is 500 Grant Street, Suite
5400, Pittsburgh, Pennsylvania, and whose principal place of business is 5 Hutton Centre
Drive, Suite 500, Santa Ana, California, 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 Professional Engineering Services
for East Coast Highway Pavement Rehabilitation ("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 July 1, 2023, 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.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
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, small not exceed Three Hundred Ninety
Eight Thousand One Hundred Eighty Five Dollars and 001100 ($398,185.00), 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
C ity.
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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.
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 Michael Bruz 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
Director of Public Works 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.
8.1 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
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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.
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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (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.
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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
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
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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
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
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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
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
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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.
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
sem., 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.
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26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
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:
t:
Attn: Michael Bruz
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
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,
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Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
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 forwhich
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
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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.
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.
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5-15
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Michael Baker International, Inc. Page 12
5-16
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:
T
By.
_ L
ran C. Ha p
ity Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By.
0
Will O'Neill
Mayor
CONSULTANT:
MICHAEL BAKER INTERNATIONAL,
INC., a Pennsylvania corporation
Date:
By:
Michael Bruz
Vice President
Date:
By:
Michael Tylman
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Michael Baker International, Inc. Page 13
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EXHIBIT A
SCOPE OF SERVICES
Michael Baker International, Inc. Page A-1 5-18
EXHIBIT A
SCOPE OF SERVICES
Work Plan
A. RESEARCH & DATA COLLECTION I Consultant shall complete the necessary research to gather
and review available information such as preliminary reports, record drawings, tract maps, assessor
parcel maps, ROW maps, street centerline ties, and utility maps. In addition to City record drawings,
Consultant shall also coordinate with other agencies, including but not necessarily limited to,
Caltrans and Laguna Beach County Water District, to obtain as -built records of existing
improvements and facilities. Consultant shall perform field verification during the preliminary design
to confirm locations of documented improvements.
Deliverables: Document Research and Data Collection with Field Verification
B. UTILITY COORDINATION I Consultant shall assist City staff in notification, coordination, and
collection of utility maps, verification notices and/or relocation notices. City shall provide Consultant
with a list of potentially affected utilities (including City owned utilities) and in addition, Consultant
shall contact DigAlert to verify utility agencies and then prepare Utility Notification Letters to each
of the potentially affected Utility Owners in the Project area. Consultant shall submit MS Word
copies of the Utility Notification Letters to the City so that City can insert the letters onto City
letterhead and submit to the various utility agencies. Consultant shall prepare base mapping of
identified existing and proposed utilities, including found service point connections in the parkway
areas. Utility adjustments and relocations shall be identified on the contract drawings. The initial
utility information request letters will be prepared and sent out by the Cit,y and Consultant shall
send out any utility verification and/or relocation notices. Consultant shall maintain a utility notice
log to document correspondence with the various utility companies/owners.
Deliverables: Preliminary and Final Utility Mapping, and Utility Notification Log
C. FIELD SURVEYING I Consultant shall provide Mobile LiDAR surveying services within project
limits, including 100' of each intersecting roadway segment. Mobile field collections shall include
simultaneous capture of both terrestrial LiDAR and spherical imagery for the designated areas.
Conventionally surveyed ground control points shall be spaced on average approximately 500'
apart and shall be used to constrain the Mobile LiDAR collections to meet the required spatial
accuracy.
Survey deliverables shall include 3D planimetrics of the streets from back of walk to back of walk,
as well as 100' down each intersecting road segment (parking lots excluded). Planimetrics shall be
provided in AutoCAD *.DXF or ".DWG format and a 3D digital elevation surface model shall be
provided in AutoDesk Civil 3D format. Planimetrics shall include back of walk, top of curbs, flow
lines, edge of gutters, crown lines and grade breaks at every 25 feet. Topographic features,
including but limited to, water valves, manholes, streetlights, trees, traffic, and utility pull boxes,
shall be included. Planimetrics shall not include temporary objects, including but not limited to,
moveable street furniture, sheds, obscured objects, parking lot fixtures, dumpsters, or utility pole
appurtenances.
Deliverables: Topographic Field Surveys
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D. BASE MAPPING SERVICES I Base map shall be a combination of new aerial photos provided by
the City and topographic field survey, and shall include street centerlines, ROW lines, parcel lines,
City/Caltrans jurisdictional boundary lines, sidewalks, curbs, gutters, pavement striping,
topographic features, one -foot contour lines and all existing utility lines.
Deliverables: Base Map (Scale 1 inch = 40 feet)
E. PAVEMENT REPORT I Consultant's subconsultant, GMU Geotechnical (GMU), shall review the
existing geotechnical reports for the site, examine the pavement sections, including but not
necessarily limited to, the asphalt concrete, aggregate base, and subgrade materials through
pavement coring and sampling, and provide recommendations for new pavement sections and
rehabilitation methods within the street localized failed pavement and realignment areas of the
project. Specifically, Consultant shall perform the following services.
I. Document Review, Pavement Surface Condition Assessment, and Dig Alert Coordination
• GMU shall perform a document review of existing as -built drawings and past
geotechnical/pavement reports provided to Consultant. The information gathered shall
be considered in the analysis and development of pavement repair recommendations,
including but not limited to, existing pavement section thicknesses, and date of last
pavement improvement work, .
• GMU shall perform a limited pavement surface condition assessment to identify the
type, extent, and severity levels of the pavement distresses in general accordance with
ASTM D 6433.
• Pavement coring locations shall be marked, and Dig Alert (Underground Service Alert)
shall be notified to assess potential conflict with known underground utilities prior to
performing pavement corings.
II. Subsurface Exploration
• GMU shall obtain an encroachment permit from the City of Newport Beach for the
proposed subsurface exploration, and it is expected that permits from other agencies
will not be required. Consultant shall strategically position coring locations outside of
Caltrans right-of-way to avoid triggering a need for an encroachment permit thru
Caltrans.
• Pavement corings shall be performed to a maximum depth of four feet below the top
of the existing asphalt/Portland cement concrete surface using an electric -powered
core drill. Sampling and digging below the AC section shall be performed using hand
tools. The thickness of the existing asphalt concrete (AC), aggregate base (AB), and
underlying Portland cement concrete pavement, where encountered, shall be
recorded. A bulk sample of the subgrade soil shall be collected. At select locations,
drive sample shall be collected at the top approximate foot, give or take, of the
subgrade to gather in-place density and moisture information. Upon completion of the
sampling, the core hole shall be back-filled with soil cuttings or other suitable backfill
materials and capped with asphalt concrete cold patch.
• GMU shall perform a total of 16 to 18 pavement corings, expected to consist of three
(3) days of pavement coring. Corings shall be performed between the hours of 9 am to
3 pm.
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• Traffic control shall consist of single lane closures, performed in accordance with the
WATCH Manual. Traffic control shall consist of cones and arrow boards that redirect
vehicles around work zones. It is expected that traffic control plans will not be required,
and costs to have traffic control plans prepared or stamped are not included in this
Scope of Services; however, costs for such Services have been provided as separate
line items for these services, if needed.
III. Deflection Testing and Analysis
• Non-destructive pavement deflection testing shall be performed in accordance with
California Test 356 at every 250 feet interval. Deflection testing involves applying an
impact load (simulating truck traffic) and measuring the corresponding deflection
response. Generally, lower deflection readings indicate a stronger pavement section
whereas higher deflection measurements indicate weaker pavement section. Mill -and -
overlay thicknesses can then be calculated to reduce the deflection measurement to
an appropriate level (i.e., "tolerable" deflection). Deflection testing can also identify
weak areas that visual surface inspection cannot.
• Consultant shall perform deflection testing at approximately 250 locations based on
testing at 250 feet intervals over approximately 58,000 lane -feet. All travel and select
turn lanes in both directions shall be tested. Deflection testing shall be performed in
two (2) 6 -hour regular business days (assuming 9 am to 3 pm working hours).
• Moving closure traffic control (traffic control truck with arrow boards) following behind
the deflection testing equipment shall be utilized. It is expected that traffic control plans
shall not be required. If required, Consultant shall notify City.
IV. Ground Penetrating Radar Testing and Analysis
• GMU shall perform ground penetrating radar (GPR) testing services. Ground
penetrating radar testing involves sending radar signals into the pavement and
analyzing the generated images to identify AC, AB, and PCC layers and their
thicknesses on a continuous basis. The approximate location of underlying PCC shall
be determined with this type of testing and shall be compared to information derived
from the as -built plans.
V. Identification of Isolated AC Repair Locations
• GMU shall identify isolated AC repair locations involving visually assessing each street
segment to identify areas that are recommended for isolated AC repairs, including but
not limited to, areas showing depressions, medium- or high -severity alligator cracking,
or areas that recorded high deflection. Such locations shall be marked in an ArcGIS
map and provided to the civil design firm to incorporate into the street improvement
plans. Up to twenty four (24) hours of GMU pavement engineer services shall be
performed via a walking survey to map the limits of the distress.
Vl. Laboratory Testing
Laboratory testing shall be conducted on the samples collected from the field investigation
program. Laboratory tests shall include:
o R -value;
5-21
o sieve No. 200 wash for soil classification;
o Atterberg Limits for soil classification;
o corrosion series (sulfate, chlorides, resistivity, and pH);
o maximum density and optimum moisture content; and
o in-place moisture/density.
The quantity of testing is expected to be consistent with Consultant's experience with
similar past projects.
VII. Pavement Analysis and Repair Strategies
Pavement engineering analysis shall be performed in accordance with the Caltrans
Highway Design Manual. Caltrans AC design methodology considers the relationship
between the traffic index (TI), subgrade soil strength through R -value testing, and the
gravel factors of the various pavement layers which Consultant shall use to estimate the
required pavement thicknesses. Consultant shall utilize the TI provided by the project Civil
Engineer for a design of a twenty (20) year life expectancy.
VIII. Pavement Evaluation and Repair Recommendations Report
• One draft report and one final report shall be prepared to summarize Consultant's
findings, conclusions, and recommendations. The final report shall include:
o summary of information gathered from the document review;
o project location map;
o subsurface exploration location map;
o pavement coring information, including but not limited to, asphalt concrete
thickness aggregate base thickness, and subgrade soil type;
o deflection measurement results;
o select photographs of the pavement surface condition;
o laboratory testing results; and
o pavement repair and rehabilitation recommendations.
• GMU possesses extensive experience in developing cost-effective pavement repair
alternatives, and shall employ such alternatives when recommended, including but not
limited to the following:
o localized AC repairs (patches) followed by mill -and -overlay repair using
conventional AC or rubberized AC pavement;
o cold in-place (CIR) or cold central plant recycled (CCPR) asphalt concrete (AC)
pavement;
o cement stabilized pulverized base (CSPB) as part of the pavement structural
section;
5-22
o cement- or lime -stabilized soils (CSS or LSB) for subgrade stabilization and/or as
part of the pavement structural section;
o fiber -reinforced asphalt concrete (FRAC) to improve reflective cracking resistance
and/or reduce required AC thickness;
o rubberized hot -mix asphalt (RHMA or ARHM overlays); and
o geogrid/geoxtiles to reduce required aggregate base thickness or to stabilize
subgrade conditions.
The procedures described in Tasks 1 through 5 and Consultant's experience shall allow for cost-
effective alternative pavement repair strategies when recommended.
The final report shall be signed and stamped by a California registered civil engineer.
F. ENVIRONMENTAL DOCUMENTS AND PERMITTING I City will process environmental
documents. Consultant shall be required to procure the Caltrans encroachment permit (Parent
Permit) in preparation for a contractor's Double Permit.
G. CONSTRUCTION DOCUMENTS I Consultant shall prepare final design plans at scale one (1)
inch=forty (40) feet. For clarity purposes, details may be drawn at a larger scale. Construction
drawings (35 plan sheets) are expected to include:
• title sheet (1);
• typical sections including but not limited to a plan that shows a section view of the roadway (2);
• street plan and profiles (11);
• design details such as intersections, driveways, ramps, and sidewalks (estimated to be up to
six (6) driveways and thirty-six (36) access ramps that will need to be replaced due to being
non-compliant) (8);
• construction area signs (1);
• signing and striping plans double -loaded (5);
• construction phasing and business impact plan double -loaded (Stage Construction or Traffic
Handling Plans shall be prepared by the contractor) (5);
• traffic signal loop detector details (2); and
• street cross-sections with proposed improvements at 25 -feet intervals (cross-sections are
considered supplemental information and are not included in the plan sheet total) (30)
Drawings shall be prepared in AutoCAD Civi13D 2019 and shall comply with City CAD standards.
Once design has been completed, Consultant shall submit electronic files of final drawings in
AutoCAD and Adobe (PDF) format.
Consultant shall gather necessary information and determine the Traffic Index for use by GMU in
determining pavement structural section options.
Final Design plans shall incorporate comments/ requests made during the Preliminary Design
phase of the project. All design drawings shall utilize the Standard Plans and Specification for
Public Works Construction, California Building Code, and/or California State (Caltrans) Standard
Specifications.
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Caltrans Encroachment Permit shall include coordination with the City and Caltrans to process an
encroachment permit for work performed in Caltrans right-of-way on East Coast Highway, east of
Newport Coast Drive.
Special Provisions shall be prepared to the Standard Specifications for Public Works Construction
(2015 Edition) in Microsoft Word. An electronic copy in Microsoft Word format shall be submitted
at the completion of design.
Cost Estimate shall include an itemized construction cost estimate. Quantity back-ups shall also be
submitted with the cost estimate. Consultant shall submit the construction cost estimate in Microsoft
Excel format.
Deliverables:
- At 50% progress, Drawing Submittal — (Drawings and Estimate Only).
- At 90% progress, PS&E Submittal — (Drawings, Estimate, and Specifications).
- At 100% progress, PS&E Submittal — Final Plan Set and Cross Sections, one (1) Master Set
of Bound Specifications, Electronic Copy of Final Plans, Specifications and Estimates, Copy of
Caltrans Encroachment Permit.
H. PROJECT COORDINATION 1 PROGRESS MEETINGS I Consultant shall meet and coordinate
with the City, Caltrans and other stakeholder agencies in support of this street improvement project.
As part of this coordination, Consultant shall prepare agendas for and conduct a kick-off meeting
and numerous project team meetings with City Staff to discuss updates and address any right-of-
way acquisition issues.
Design Meetings - Consultant shall meet with City staff during the design process to review and
discuss progress and coordinate courses of action. It is anticipated that six (6) design meetings
shall be required. This does not include the initial project kick-off meeting, project submittal
meetings, the pre-bid meeting, or the pre -construction meeting.
Deliverables: General Coordination and Design Meeting (6) Attendance.
I. CONSTRUCTION SUPPORT SERVICES I Consultant shall provide on-going support services as
required by the City during the bid/award phase for any questions or clarifications from a contractor
and/or revisions that may be necessary due to unforeseen conditions. Consultant shall assist City
staff in preparation of bidding and awarding documents. Since the level of effort that may be
required for this task is unknown at this time, work efforts for this task shall be completed on a time
and materials basis in accordance with the hourly rates shown in the fee schedule.
Consultant shall provide on-going support services as required during the construction phase for
any questions or clarifications from a contractor or any revisions that may be necessary due to
unforeseen conditions, including but not limited to, appropriate number of submittal reviews,
construction observations, and preparation of As-builts on the original Mylars, on a time and
materials basis in accordance with the hourly rates shown in the fee schedule.
Deliverables: Bid Phase and Construction Phase Support Services.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Michael Baker International, Inc. Page B-1 5-25
EXHIBIT B
BILLING RATES
Office Personnel
Principal
Hourly Rate
$325.00
Project Manager
$215.00
Technical Manager
$200.00
Senior Project Engineer/Mapping Specialist
$180.00
Senior Environmental Analyst
$175.00
Project Engineer
$170.00
Design Engineer
$125.00
CADD Drafter
$115.00
Administrative Assistant
Survey Personnel
2 -Person Survey Crew
$95.00
Hourly Rate
$285.00
1 -Person Survey Crew
$170.00
Licensed Surveyor
$240.00
Note: Reproduction, messenger service, and other direct expenses (including traffic counts) will be
charged at direct cost. Vehicle mileage will be charged as an additional cost at the IRS approved rate.
Overtime for non-exempt employees (Survey Personnel) will be charged in accordance with FLSA
requirements.
TOTAL NOT -TO -EXCEED: $398,185.00
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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. 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, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
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
Michael Baker International, Inc. Page C-1 5-27
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.
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,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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:
Michael Baker International, Inc. Page C-2 5-28
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
fifteen (1 5) 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 (1 0) 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.
Michael Baker International, Inc. Page C-3 5-29
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
C ity.
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.
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