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HomeMy WebLinkAbout- - PSA Attachment 1 - 10/4/2011Attachment 1 PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING THIS AGREEMENT is made and entered into this 4th day of October, 2011 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and KABBARA ENGINEERING, Sole Proprietor ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant provide professional engineering services for the purpose of designing five alleys as described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the City's Request for Proposal ("RFP") attached hereto as Exhibit "A," and Consultant's Response to City's RFP (the "Response"). A copy of said Response is attached hereto as Exhibit `B" and incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's total compensation shall in no case exceed Sixty One Thousand Four Hundred Thirteen Dollars ($61,413.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 2 Kabbara Engineering PSA 11 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of two (2) years, ending on October 17, 2013, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 3 Kabbara Engineering PSA 11 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving, subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City. (c) Other insurance: "Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." 5.3. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 4 Kabbara Engineering PSA 11 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Kabbara Engineering City of Costa Mesa 121 North Harword St. 77 Fair Drive Orange, CA 92866 Costa Mesa, CA 92626 5 Kabbara Engineering PSA 11 Tel: 714-744-9400 Tel: 714-754-5248 Fax: 714-744-9771 Fax: 714-754-5028 Attn: Leah Kabbara, PE Attn: Maher Nawer 6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "E" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, error or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.11. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be 6 Kabbara Engineering PSA 11 and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.12. Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.13. Responsibilily for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.14. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of the RFP or the Response, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over both the Response and the RFP and the Response shall govern over the RFP. 6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 7 Kabbara Engineering PSA 11 6.17. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.19. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.20. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.21. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.22. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.23. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.24. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 8 Kabbara Engineering PSA 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, A municipal corporation Mayor of the City of Costa Mesa CONSULTANT Signature Name and Title Social Security or Taxpayer ID Number ATTEST: City Clerk and ex -officio Clerk of the City of Costa Mesa APPROVED AS TO FORM: City Attorney APPROVED AS TO INSURANCE: Rik ge Date: Date: Date: Date: 9 Kabbara Engineering PSA 11 APPROVED AS TO CONTENT: Project Manager Date: 10 Kabbara Engineering PSA 11 11 Kabbara Engineering PSA 11 July 26, 2011 CITY F® COSTA MESA P.O. BOX 1200 - 77 FAIR DRIVE ® CALIFORNIA 92628-1200 FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION Subject: REQUEST FOR PROPOSALS TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF ALLEY No. 122 (Project "A"), and ALLEYS No. 28, 29, 30, 31 (Project "B") Dear Consultant: The City of Costa Mesa is requesting a proposal from your firm to provide professional services to complete preliminary engineering and final design (plans, specifications, and estimates [PS&E]) for the subject projects. The schedule is as follows: ENGINEERING SCHEDULE DATE 1. Proposal Received by the City 8/29/2011 2. Council Award of Consultant Contract 10/18/2011 3. Project Kick-off Meeting 10/19/2011 4. Draft Soil Report 12/19/2011 5. 70% Design Submittal (PS&E) and Final Soil Report 1/23/2012 6. 90% Design Submittal (PS&E) 3/19/2012 7. Deliver Final PS&E 4/13/2012 Enclosed is a Request for Proposals (RFP) to provide professional services for the subject projects. The proposal requirements and the necessary professional services required by the City are stated within the RFP. The consultant shall provide all services as requested in the RFP and stated in the submitted proposal. CITY OF COSTA MESA CONTACT PERSON The City of Costa Mesa contact person for these projects is Maher Nawar, at (714) 754- 5248. Please do not contact other staff members in reference to this RFP prior to the announcement of the award. PHONE: (714) 754-5343 FAX: (714) 754-5028 TDD: (714) 754-5244 www.ci.costa-mesa.ca ms Please submit five (5) copies of the proposal and two (2) copies of each fee proposal no later than 3:00 p.m., on August 29, 2011. All proposals shall be delivered or mailed to: Maher Nawar P. E. City of Costa Mesa Public Services/Engineering 77 Fair Drive, 4th Floor Costa Mesa, CA 92628 Mailing Address: P.O. Box 1200, Costa Mesa, Ca 92628-4193 Sincerely, Erne to unoz, P. E. City ineer c: Fariba Fazeli, Senior Engineer Maher Nawar, Assistant Engineer TABLE OF CONTENTS REQUEST FOR PROPOSALS ALLEY No. 122 (Project "A"), and ALLEYS No. 28, 29, 30, 31 (Project "B") SECTION PAGE 1. INTRODUCTION 1 2. CONTENT OF PROPOSAL 2 3. CONSULTANT SELECTION COMMITTEE 2 4. FEE PROPOSAL 2 5. ESTABLISHMENT OF FEES 3 6. PROFESSIONAL SERVICES AGREEMENT 3 7. INSURANCE REQUIREMENTS 3 8. SCOPE OF CONSULTANT SERVICES 3 A. PROJECT ANALYSIS AND REVIEW B. UTILITY INVESTIGATION/COORDINATION C. DESIGN SURVEY D. FIELD ENGINEERING E. GEOTECHNICAL INVESTIGATION AND PAVEMENT DESIGN F. POTHOLING OF EXISTING STORM DRAIN AND SIGNAL CONDUIT FACILITIES G. CONSTRUCTION DOCUMENTS H. PLANS I. SPECIFICATIONS J. QUANTITY AND COST ESTIMATES K. PROJECT DOCUMENT SUBMITTAL AND PLAN INFORMATION L. BIDDING AND CONSTRUCTION PHASE SERVICES 9. CITY RESPONSIBILITIES 9 10. EXAMINATION OF SITE PRIOR TO SUBMITTING PROPOSAL 10 11. RIGHT TO REJECT ALL PROPOSALS 10 12. SUMMARY 10 REQUEST FOR PROPOSALS FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF ALLEY No. 122 • - i and ALLEYS No. 28, 29, 30, 31 (Project 1. INTRODUCTION The services required for the subject project consist of the preparation of plans, specifications, and estimates. The engineering work includes, but is not limited to: soil testing and structural section design; field surveying; replacing alley entrance, damaged curbs and gutters, cross gutters and spandrels, sidewalks, driveways and driveway approaches, turf, irrigation; providing wheel chair ramp (WCR) designs, meeting Americans with Disabilities Act (ADA) requirements (must provide detail drawing for each WCR); planting and trimming trees; determining right-of- ways (ROW); providing separate traffic striping and traffic control plans which shall meet, at the minimum, the latest Work Area Traffic Control Handbook (WATCH) manual requirements; and all other pertinent work as required. The location and limit of each project is described in the table below: PROJECT ALLEY NO. From To A 122 Mendoza Drive La Salle Avenue B 1 28, 29,30 1 Baker Street Ponderosa Street B 1 31 1 Coral Avenue Cinnamon Avenue The existing pavement conditions within the project limits are poor. Many factors such as soil condition, weather, aging, traffic, utility work, and tree roots have contributed to the deterioration of sections of pavement. The consultant's key project staff must have at least five (5) years prior experience in the design and preparation of construction documents for similar types of projects. All Consultants responding to this Request for Proposal will be evaluated on the basis of their expertise, prior experience on similar projects, demonstrated competence, timely performance, ability to meet the project schedule, adequate staffing, responsiveness to the clients needs and concerns, and an understanding of the project. The consultant shall provide a separate set of plans and specifications (the plans shall include title sheet, plans, profiles, details, cross sections, etc.) and quantity and cost estimates for each project. 20 CONTENT OF PROPOSAL To maintain uniformity, your proposal must be limited to a maximum of 25 pa_cle s (excluding front and back covers, section dividers, resumes, and photographs) and include the following: Statement of project understanding containing any suggestions to expedite the project or additional concerns of which the City should be made aware, and a project approach containing any scope of work tasks you feel are necessary for the successful completion of the project. A project team organization chart identifying those who will perform work, and a brief resume of each team member, including similar type projects in which they have been directly involved. Identify the Project Manager and the Project Engineer proposed for this project. The Project Manager will be the primary contact person to represent your firm and to conduct the presentation, if invited for an interview. Sub -consultants, if any, shall be identified in the proposal with the same requirements as for the main Consultant. A list of similar projects that your firm has completed within the last five years. Information of the completed projects should include project name and description, agency or client name along with the person to contact and telephone number, year completed, engineering fee, and project construction cost. A proposed schedule indicating stages of work, time frames, and ability to perform the required services in a timely manner. A fee proposal provided in a separate, sealed envelope for each project. 3. CONSULTANT SELECTION COMMITTEE The Public Services Department of the City of Costa Mesa has established a Consultant Selection Committee consisting of at least four (4) members from this department who have acted in the capacity of Project Manager or Project Engineer for the City on previous similar projects. The evaluation of each proposal will be based on the technical information and qualifications presented in the proposal, reference checks, and other information, which will be gathered independently. 4. FEE PROPOSAL A. Two separate fee schedules for each project shall be submitted in a separate sealed envelope plainly labeled "Fee Proposal" with your company's name and the project title. B. A cover letter stating the not -to -exceed total lump sum fee for each project. C. The fee schedule for each project shall depict individual project tasks, man-hours, and basic hourly rates for specific personnel to be used on the project. Personnel hourly rates will reflect all costs for office overhead, including direct and indirect costs. The fee proposal shall reflect all anticipated fee increases during the contract period. A pre -award audit may be required to confirm and establish a final not -to -exceed fee. D. Payment shall not be processed for any submitted invoices if the Consultant is behind the design schedule for any of the outlined tasks. 19 5. ESTABLISHMENT OF FEES The fee proposal will not be opened until the Consultant Selection Committee has evaluated the Consultants' submitted proposals. In conformance with the Mini -Brooks Act, the City will select the Consultant based on qualifications, and then negotiate a contract price based on available funding and a further breakdown of the "not -to -exceed" fee submitted in the fee proposal. 6. PROFESSIONAL SERVICES :AGREEMENT City of Costa Mesa has a sample of the Professional Services Agreement, which is available at the City for your review. The RFP and the Consultant's proposal will be attached to and become part of the executed agreement as exhibits. The City will not permit reduction in the City's "Scope of Consultant Services" without written approval. 7. INSURANCE REQUIREMENTS General Liability: $1,000,000 Automobile Liability: $1,000,000 Workers Compensation and Employers' Liability: $1,000,000 Professional Liability: $1,000,000 Additional and primary insurance endorsements shall include City of Costa Mesa 8. SCOPE OF CONSULTANT SERVICES A. Proiect Analysis and Review, Meetings, and Cost Accounting Analyze the project, conduct field review and investigations, evaluate existing conditions, research existing City plans and records, and meet with City staff to define the detailed project scope and objectives. Determine appropriate courses of action. Meet periodically with City staff during progress of design for appropriate guidance and coordination (assume four meetings). The Consultant shall prepare meeting minutes, which shall be submitted to the City for approval within two working days after the meeting. B. Utility Investigation/Coordination 1. The Consultant shall notify all utility companies, governmental agencies, and sanitary and water districts; identify and precisely locate all utilities (both underground and overhead) within the project limits including mains, service lines, meter boxes, valve cans, irrigation lines, traffic signal conduit, etc., and obtain plans of all existing utility facilities. 2. The Consultant must coordinate all work with the respective utility companies to determine locations and depths of facilities for design purposes; request utility companies to pothole their facilities as required to obtain precise elevations of existing utilities; shoot elevations of exposed existing utility facilities; determine where interferences with existing facilities will occur as a result of the construction of this project and resolve any conflicts with utility companies. 3. The Consultant shall obtain approval in writing from utility companies for any utility work and clearance. 19 4. The Consultant shall comply with the City of Costa Mesa's "Utility Coordination Procedures. The consultant shall submit (via certified mail) at least one set of construction plans to each of the utility companies at all stages (70%, 90%, and final plans) 5. The Consultant shall submit all utility correspondence to the City. C. Design Survey The Consultant shall plot the project design survey on 22" X 34" mylars at a horizontal scale of 1"=10'. Detailed design surveys i.e., cross -gutters, wheel chair ramps, driveways, etc., shall be plotted at a horizontal scale of 1" = 10'; reference all elevations to the closest and latest Orange County Benchmark (DCBM) which shall be identified and described on drawings; centerline bearings shall be referenced to a bearing of a latest recorded tract or parcel map nearest to the proposed site; provide stations based on and begun at nearest existing street intersection stations. The Consultant shall provide the following minimum survey information: The Consultant shall perform a topographic survey and prepare base maps at V=10' for the alley projects. The base maps shall identify all existing improvements, drainage structures, fire hydrants, utility facilities, landscaping, signs, street lights, existing storm drain system, etc., and other appurtenant improvements in the project areas. The design survey shall include the following: Cross sections at 2.5 -foot intervals, with elevations at top of curb, gutter flow lines, EG, EP, centerlines, all angle points, joint line; centerline of driveway approach; beginning, half delta, and ends of curb returns; top and bottom of "X." S The existing and proposed elevations for cross sections shall be plotted using V=1' vertical and a V=10' horizontal scale and will depict existing and proposed cross slopes. Cross sections will be part of the final construction drawings. The design survey shall also include all curb returns, driveways and driveway approaches (including width, X and Y), cross gutters and spandrels, missing WCRs , trees, grass, fences, retaining curbs, and irrigation systems which are a part of the construction documents. The design of WCRs shall be detailed at a V=10' scale; the consultant shall survey 25 feet beyond right-of-way (on private property) behind WCRs. The Consultant shall survey 20 feet beyond property line (on private property) along the driveway approaches and alley entrances and obtain elevations at 5 - foot intervals. Establish ROW limits, property lines, house addresses, existing centerline, and precise locations of any and all utility poles, lines and easements, within the project limits. Notify occupants in writing at least five working days before performing survey work on private properties. The City must approve written communication r E before sending out by certified, return receipt mail. The Consultant shall survey all existing cross gutters and spandrels; obtain elevations at 10 foot -intervals at BCRs, ECRs, flow line, EG, EP, joints, cracks, low points, and any other necessary locations. The Consultant shall also obtain elevations of damaged curbs and gutters (C&G) at joints, and tow/high points. The design survey for damaged C&G locations shall extend 100 feet minimum beyond both sides of damaged limits at 10 -foot intervals. Extend the survey to a minimum of 100 feet onto cross street From BCRs and ECRs; obtain elevations at locations as described above (including cross street centerlines). Field Engineering This work shall include determining and marking limits of existing concrete removals as well as joining existing improvements. This work must be coordinated with City staff to ensure participation by the City and final quantities adjusted accordingly. Three field walks with City staff will be scheduled to ensure detailed depiction on the plans and specifications of existing conditions and work requirements. Geotechnical Investigation and Pavement Design: The consultant shall furnish the following data: 1. Perform a geotechnical investigation, design pavement sections, and prepare a soils report. The Consultant shall submit four copies of the draft and final pavement evaluation reports including introduction, project description, and recommendations. 2. Provide two borings for Alley No. 122, one for Alley No. 28, one for Alley No. 29, three for Alley No. 30, and two for Alley No. 31. Cores shall be at least six inches in diameter and three -feet deep. Coring holes shall be backfilled and compacted- 95% with AC material immediately after obtaining soil samples. 3. Prepare boring location map including dimensions of boring locations and their horizontal distances to identifiable points (BCRs, ECRs, street centerlines, curb face, etc.), as well as boring logs. 4. Provide geotechnical information (including geotechnical analysis) for all 9 borings. 5. Provide and/or recommend the following minimum information in the submitted report: Existing structural section (including material classification, thickness and material types of AC, PCC, base, and sub -grade materials). 0 b. "R -value" at a three-foot depth from existing finished surface or existing grade. c. Existing and optimum moisture content at a depth of two and three feet from existing finished surface or existing grade. d. Expansiveness of sub -grade material, caving potential, and water level. e. Traffic indices and sand equivalency (the City will provide only average daily traffic volume based on 24 hours in both directions). 6. Calculate proposed pavement structural sections (20 -year design life): i Full depth Asphalt Concrete (AC) * Full depth Portland Cement Concrete (PCC) PCC over Crushed Miscellaneous Base (CMB) ® AC over CMB 7. Analyze all proposed pavement structural sections with a recommendation of the most economical and effective section; incorporate fabric as necessary. 8. Provide compaction requirements; sub -grade preparation; and treatment recommendations for wet, unsuitable, and/or saturated conditions. Provide depth and estimated quantity for needed over -excavation for incorporation into bid documents. 9. Provide all necessary traffic control while performing fieldwork per the latest edition of the W.A.T.C.H. Manual. 10. Obtain permits and provide protection of existing utilities: At least two working days before starting field work, the Consultant shall obtain all permits, licenses, and other requirements as necessary, and request utility companies to locate their facilities. The City will issue a no -fee permit for the boring work. 11. Arrange and tabulate all soil information (existing and proposed) in table format. F. Potholing of Existing Storm Drain and Traffic Signal Conduit Facilities (only the City - owned Utilities) The Consultant shall include $1,500, for Project "A", and $3,000 for Project "B" as a separate item in the fee schedule for the City's use in case potholing is needed for City - owned storm drains and traffic signal conduit facilities as requested by the Consultant and approved in writing by the City's Project Manager. The Consultant will not be compensated for any other utility work from this item. Identifying all underground conflicting utilities is the key to a successful project. It is the Consultant's responsibility to ensure all utilities are properly identified and located on plans. 0 G. Construction Documents Construction documents shall comply with standard drawings and specifications of the City of Costa Mesa, Caltrans, APWA, and other agencies as applicable. Upon award of a contract, the City will provide a more detailed construction budget to the Consultant who shall prepare the project to meet the budget. 2. Prepare two resident Engineer's files for each project; they must contain, as a minimum, the following: preliminary and final construction quantities and cost estimates and updates, quantity takeoff sheets, calculation documents, fieldwork information, meeting minutes, utility coordination correspondences, geotechnical documents, survey information, and all other related correspondences. The Consultant shall submit these two files to the City in conjunction with final submittal. H. Plans The Consultant shall prepare two separate sets of construction drawings, one for each project, containing title sheet, general note sheet, plan and profile sheets, cross section sheets, and detail sheets. The title sheet shall contain a vicinity map and location map of each project. Drawings shall be on 22" x 34" four mil. thick, erasable, writing mylars at a scale of 1" = 20' horizontally and 1" = 10' horizontally and 1" = 1' vertically. Project B will have Base Bid (Alley No. 30) and Additive Bid (Alleys No. 28, 29, 31). Note: Prepare separate Bid Schedule for each Alley. 2. The Consultant shall reference new stations to existing stations of existing street improvement plans that may be available in the Public Services Department/Engineering Division. Stationing shall include existing street and/or alley intersections, BCRs, ECRs, and so forth. If existing improvement plans are not available, the consultant shall establish new stations from the nearest street intersections. 3. The Consultant shall plot profiles of existing and proposed centerlines, tops of curb, flow lines, and edges of pavement. The profiles shall include existing and proposed elevations (including vertical curves, grade breaks, and other elevations), labeling, and percent grades. 4. The Consultant shall plot existing and proposed cross sections on mylar at 25 - foot intervals including existing and proposed elevations at centerline, tops of curb, flow lines, edges of pavement, ROW, and stations. Plot percent cross slopes, labeling, and other information as outlined in the above Design Survey Section, and other required information; provide typical cross sections. 5. The Consultant shall plot existing improvements in broken or screened lines, labeling existing dimensions from centerline to EP, curb face, and ROW; place existing elevations in parenthesis. 6. The Consultant shall incorporate the following minimum information on plan view: Pavement rehabilitation and parkway repair limits, removal and reconstruction of existing corrugated metal pipes (CN/IP), traffic channelization 0 including signage, striping, and traffic loop detectors, centerline, ROW, property lines, existing AC and PCC improvements, and all existing structures (power poles, water meters, mail boxes, home addresses within project limits, fences, tree planting and trimming, plants, grass, fences, hand rails, walkways and steps, decorative bricks/planters, pull boxes, walls, sprinkler system, etc., and transitional areas within ROW areas and areas beyond ROW (on private property). 7. Drawings shall include retaining curbs, transitional areas adjoining new improvements, AC slot paving, AC replacement and overlay, other items as specified in previous sections, and other related work as required. Transitions of new improvements to existing improvements (including on private properties) shall be designed and detailed. 8. The Consultant shall provide detailed drawings for WCRs, cross gutters and spandrels, C&Gs, sidewalks, alley entrance, driveways and driveway approaches. New PCC improvements shall comply with ADA regulations and requirements. Detailed drawings shall be at a 1 "=10' scales. 9. The Consultant shall provide stations for all existing structures, project limits, centerlines of driveways, streets/alleys intersections, BCRs and ECRs, BCs and ECs; stations and dimensions of reconstruction areas (PCC, grass, etc.). 10. Detail and identify setting new monuments or re -setting existing new monuments at all intersections, beginning and end of curves, and at all angles; provide drawings for each monument including dimensions; PK nail or spike, and brass washer; and at least four control lead and tack swing ties. Specifications For each project, prepare complete project specifications, including Special Provisions (including traffic control and detour information) and proposal forms in a format consistent with current City projects. Copies of Standard General Provisions and Construction Contract Agreement will be supplied by the City to incorporate into construction documents. The construction documents shall include and comply with HUD guidelines and requirements (for Alleys No. 31, 122 only). J. Quantity and Cost Estimates (QCE) Provide complete construction quantity and cost estimates for each project. Estimate shall be provided at 70% and 90% completion submittals and final estimate upon final submittal and their excel files with each submittal. Each submittal will show total quantities for each item on the first sheet. These quantities shall match the proposal final quantities and quantity take -off sheets. In addition, Consultant shall furnish quantity take -off sheets to aid the City during construction. K. Project Document Submittal and Plan Information First submittal (five sets): 70% completion of plans with survey information, specifications, and QCE. 2. Second submittal (five sets): 90% completion of plans, specifications, and QCE. N 3. Final submittal: Original mylar plans, specifications, final QCE, two resident engineer's files, survey information, monuments, and other related documents. One set of bluelines of final plans and one copy of specifications shall also be submitted. 4. Before submitting project documents for the first check, plans shall have plan views (existing and proposed), existing and designed cross sections, typical cross sections, all utility lines, manhole covers and valves, construction notes with corresponding bid items on their left side,.and general notes. 5. The plans must also show the limits of removal and reconstruction of existing improvements by stations, stations at intersections, BCR, ECR, all angle points, beginning and end of all curves including horizontal and vertical, all monuments and ties, cross gutters and spandrels, tree trimming and planting, irrigation and electrical system, landscaping, stamped concrete, conduits, storm drain, drain pipes, catch basins and their local depressions, all other existing improvements, and proposed drainage replacement and improvements. 6. Plans and specifications must be signed and/or stamped by the Consultant before submitting. 7. The Consultant shall perform field reviews (walk throughs) of the entire project with the City representatives after the first and second plan check. If necessary, a walk through may be requested by the City after the final submittal. 8. Note: In conjunction with the final submittal, all originals of plans, specifications, field notes, calculations, correspondences, ROW, and all other related documents will be turned over to the City in hard copy and electronic format as a deliverable product. All final documents, plans, and specifications shall be supplied to the City on CDs. Final document files and specifications shall be prepared using Microsoft Word Office 2000, Windows 95 or 98. All final drawings shall be prepared using AUTOCAD, latest version. All submitted document files shall become the property of the City and will be used subsequently by the City or its assignees without the Consultant's consent and/or additional compensation. 9. CITY RESPONSIBILITIES The City of Costa Mesa will be responsible for the following: A. Providing specification format to Consultant. B. Printing and packaging of plans and specifications for bidding. C. Advertising for bids and awarding of construction contracts. D. Furnishing plans and specifications to the bidders. E. Inspecting, controlling construction, and payment to the contractor. 10. EXAMINATION OF SITE PRIOR TO SUBMITTING PROPOSAL Each Consultant must fully know all project conditions and the effort required to successfully complete the project. Failure to do so will not relieve the selected Consultant of the obligations to carry out the contract. 11. RIGHT TO REJECT ALL PROPOSALS A. The City of Costa Mesa reserves the right to reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. B. The City also reserves the right to award a portion of work or combination thereof. C. All costs incurred in the preparation of the proposal, the submission of additional information, and/or any aspect of a proposal prior to award of a written contract will be borne by the Consultant. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind that may be incurred by the Consultant. All proposals submitted to the City of Costa Mesa become the property of the City. 12. SUMMARY The City appreciates participation, and the intent of this RFP is to establish the minimum Consultant services required. Prior to awarding a contract, all insurance documents must be submitted and approved. F - DORSET LN.� ¢ n w c� z o o N.T.S. I BAKER Sr. rn PAULARINO AV. DENVER DR. z o c U e MISSION DR. o ko 3 ui 122 ¢ 0 o VALENCIA ST. w � EL CAMWO DR.�J- r - m {77 CORONA LN. SALVADOR ST. LIZ � 3 � cORo oR �0 I z g 0: m z o SERRA WY. PRESIDIO S0. PRESIDIO DR. TEWINKLE PARK N.T.S. -1 () 0 GISLER AV. I z a 0 a z 131 C) m_ CORIANDER OR. CITY OF COSTA MESA DEPARTMENT OF PUBLIC SERVICES / ENGINEERING DIVISION 0 VICINITY MAP i PAGE N0. 1 of 1 1 W14 f :1x71 RESPONSE and SCOPE OF SERVICES 12 Kabbara Engineering PSA 11 PROJECT LOCATION AND BACKGROUND This project consists of the preparation of plans, specifications and estimates for the rehabilitation of five (5) various public Alleys located in the City of Costa Mesa, County of Orange, State of California. This project limits are described as follows: The proposed improvements for the project Alleys include clearing, grubbing and removal of existing vegetation, dirt, gravel, asphalt and miscellaneous concrete pavement within the project limits. New improvements will include construction of new Portland Cement Concrete or Asphalt concrete pavement, with concrete V -gutters as required for drainage purposes, and the removal and reconstruction of alley intersections, sidewalks, curb ramps and miscellaneous concrete improvements as required for ADA access, and if necessary to achieve positive drainage on private properties as required by the City of Costa Mesa. Consideration for the depths of existing utilities and maintaining adjacent private property access will be important factors in selection of the pavement section and materials for the subject improvements. A geotechnical field investigation will be performed on each alley, and recommendations for the most economic and effective replacement pavement structural section will be prepared for each alley. The four pavement section alternatives dictated by the City in the Request for Proposal, will be analyzed using the results ofthe proposed Geotechnical investigation. The proposed construction is necessary to improve access and drainage in these five existing asphalt, P.C.C. and dirt alleys. The bid package for this project, including plans specifications and estimates (PS&E) will be prepared in compliance with the latest edition ofthe City of Costa Mesa Standard Plans and Specifications, APWA 2009 Standard Plans (SPPWC), the 2009 edition of the Standard Specifications for Public Works Construction (SSPWC or Green Book), the 2010 ADA Standards for Accessible Design (DOJ), and the 2011 California Access Compliance Reference Manual (State of California). We performed a preliminary field review of all the project alleys to evaluate existing conditions and to reassess the drainage, ingress and egress issues, and the anticipated limits of construction. Our review of our brief field visit indicates the following: KABBARA ENGINEERING PROPOSAL PRESENTED TO THE CITY OF COSTA MESA Page 2 of 25 f. ALL EY NA ME APPROXIMATE LIMITS FROM LIMITS TO LENGTH ALLEY No. 122 1,2501.f. Mendoza Drive La Salle Avenue (Project "A") ALLEY No. 28,29 2,9001.f. Baker Street Ponderosa Street & 30 (Project `B") ALLEY No. 31 1,5001.f. Coral Avenue Cinnamon Avenue (Project "B") The proposed improvements for the project Alleys include clearing, grubbing and removal of existing vegetation, dirt, gravel, asphalt and miscellaneous concrete pavement within the project limits. New improvements will include construction of new Portland Cement Concrete or Asphalt concrete pavement, with concrete V -gutters as required for drainage purposes, and the removal and reconstruction of alley intersections, sidewalks, curb ramps and miscellaneous concrete improvements as required for ADA access, and if necessary to achieve positive drainage on private properties as required by the City of Costa Mesa. Consideration for the depths of existing utilities and maintaining adjacent private property access will be important factors in selection of the pavement section and materials for the subject improvements. A geotechnical field investigation will be performed on each alley, and recommendations for the most economic and effective replacement pavement structural section will be prepared for each alley. The four pavement section alternatives dictated by the City in the Request for Proposal, will be analyzed using the results ofthe proposed Geotechnical investigation. The proposed construction is necessary to improve access and drainage in these five existing asphalt, P.C.C. and dirt alleys. The bid package for this project, including plans specifications and estimates (PS&E) will be prepared in compliance with the latest edition ofthe City of Costa Mesa Standard Plans and Specifications, APWA 2009 Standard Plans (SPPWC), the 2009 edition of the Standard Specifications for Public Works Construction (SSPWC or Green Book), the 2010 ADA Standards for Accessible Design (DOJ), and the 2011 California Access Compliance Reference Manual (State of California). We performed a preliminary field review of all the project alleys to evaluate existing conditions and to reassess the drainage, ingress and egress issues, and the anticipated limits of construction. Our review of our brief field visit indicates the following: KABBARA ENGINEERING PROPOSAL PRESENTED TO THE CITY OF COSTA MESA Page 2 of 25 Allen 122 (from Mendoza Drive to LaSalle Avenue)- Project "A" The goal of this project is to rehabilitate the existing A.C. pavement section of Alley 122, and to improve drainage conditions within the alley. Alley 122 is fully improved with asphalt concrete pavement and a P.C.C. ribbon gutter located at the or near the centerline of the alley. The pavement is generally in poor condition. Existing plans indicate that Alley 122 has an 20 foot right-of-way width, and an existing A.C. pavement section consisting of 2" Plant Mix Surface (PMS) over native materials. Alley 122 serves multi- family residential/apartment uses, including pedestrian and garage/carport access on both sides of the alley. Our research and review of the following as -built record improvement plans, indicates that the longitudinal design slope of the existing P.C.C. ribbon gutter is very flat at 0.32%. n Pr fi �liescxtp �e �" " 1Ep h CR- 5k, r •, 1 t .4' pec®r Flan 1 � ',r s baie- _ i9`. ,Y t. Alley Improvement Plans for 63-3.8 1963 Tract 3922 (west half) Alley Improvement Plans for 63-11.4 1963 Tract 5011 (east half) There are also existing power poles and overhead lines on the south side of Alley 122, and AT&T pullboxes and a redwood header at the alley RNV in several locations, were visible within the project limits. Ingress/Egress Issues: There are numerous existing doorways, parking lots, garages, driveways, and carports which maintain access to both sides of Alley 122. The alley is alb used as a trash service route for several dumpsters and numerous trash cans. Therefore, improvement of Alley No. 122 will require that ingress and egress and access to these facilities is maintained during construction. KABBARA ENGINEERING PROPOSAL PRESENTED TO THE CITY OF COSTA MESA Page 3 of 25 Drainage Issues® Existing plans indicate that drainage flows easterly in the ribbon gutter from a high point located approximately 249 -feet east of Mendoza Drive to LaSalle Drive. Our field visit found no evidence of existing storm drain facilities in the alley or at the adjacent street intersections. It appears that the majority of the drainage in Alley 122 surface flows to the existing ribbon gutter in the center of the alley. However, there are several apartment buildings on the northeast end of the alley that appear to be lower than the existing gutter, where surface drainage beyond the alley R/W is directed northerly via asphalt and concrete swales on private properties. Special consideration will be given to the design of surface drainage in these areas to enhance flood protection for these properties wherever possible. We anticipate that existing drainage patterns will be maintained upon completion of paving and that no storm drain improvements, or retaining walls will be required for this project. Our brief field inspection indicates that the existing 2" thick pavement is in very poor condition, with signs of failure which includes severe alligatoring, minor and major longitudinal cracks, potholing and standing water in some locations. We also found that nearly every panel of the existing ribbon gutter is cracked within the project limits. We anticipate that full reconstruction of the pavement section as well as the ribbon gutter will be required for this project. Join limits at the R/W may require some work on private properties in areas where pavement has failed. The existing alley approach at LaSalle Avenue is also severely cracked and will require reconstruction in conformance with ADA requirements for a 2% path of travel across the back of the new alley intersection. KABBARA ENGINEERING PROPOSAL. PRESENTED TO THE CITY OF COSTA MESA Page 4 of 25 Alleys 28, 29 and 31 serve multi -family residential/apartment uses. Alley 30 serves a combination of apartment and commercial/industrial and warehouse uses, including storage yards for car dealerships on Harbor Boulevard. Our research and review of the following as -built record improvement plans indicates that Alleys 28, 29, 30 and 31 all have existing pavement sections of 2" PMS over 4" URB. Record Plans also indicate that there is an existing 6" P.C.C. over 4" URB ribbon gutter located generally on the centerline of each alley within the Project "B" limits. Each of the alleys are 20 feet wide according to the existing as -built plans. > Desca�tton e Record Plan No. Date :h' Alley 29 Improvement Plans 59-19.2 1959 Alley 28 Improvement Plans 59-19.3 1959 Alley 30 Improvement Plans 59-6.16 1959 Alley 31 Improvement Plans 64-5.1-5.8 1964 Storm Drain Improvement Plans 71-12.4 1971 (Baker Street & Alley 30) There are also existing street lights, power poles and overhead lines in the Project `B" alleys and each of the alleys serve as trash routes for the adjacent businesses and residents/apartment buildings. No sewer manholes or water valves and meters were visible within the project limits, but electrical pull box facilities were noticed along with protective steel bollards adjacent to buildings and other improvements within the project limits. In regress Issues There are currently a combination of A.C. and P.C.C. pavements for existing sidewalks, driveways, carports, trash enclosures, and garage approaches for the residences within each of the alley limits. With the exception of Alley 28, all of the other existing alley intersections are damaged, cracked, and in poor condition. None of the intersections appears to be in compliance with ADA requirements foi access, and we anticipate that reconstruction may be required to achieve ADA compliance. KABBARA ENGINEERING PROPOSAL PRESENTED TO THE CITY OF COSTA MESA Page 6 of 25 There is a paved connection from Alley 29 to the Hickory Place cul-de-sac that does not appear to be ADA compliant, and we anticipate that reconstruction of this alley entrance may be required. There is also existing garage/driveway and parking lot access to each Alley from the residences and businesses, and the Project `B" Alleys all appear to be service routes for trash collection, which would require a minimum design Traffic Index of 5. Special design consideration will be given to Alley 30 which serves several gated access points to the car storage yards for dealerships located on Harbor Boulevard. Alley 30 also provides access to a dock high loading area, storage, and parking lots for several commercial office and industrial uses within theproject limits. Alley 31 is generally bounded on the north side by a continuous block wall, and special design consideration will be given to the depth of footing in relationship to the proposed structural section for this alley, in order to protect the cover on the existing footing and prevent the proposed construction from undermining the existing structure. All four of the alleys in Project `B" are improved with A.C. pavement and a P.C.C. ribbon gutter, which are generally in very poor condition. Existing pavement conditions are most severe on the south end of Alley 30 and on Alley 31, where portion of the alleys appear to be dirt, where the existing asphalt has entirely disintegrated. KABBARA ENGINEERING PROPOSAL. PRESENTED TO THE CITY OF COSTA MESA Page 7 of 25 Drainage The Project `B" alleys all have very flat longitudinal grades: Alley 28 flows in the northerly direction at 0.34% from Ponderosa Avenue to Alley 29. Alley 29 flows westerly to Royal Palm Avenue with a variable grade of 0.2% to 0.5%. Alley 30 surface drains in the northerly direction with a variable grade of 0.2% to 0.3%, towards a pair of existing custom dual front and side inlet catch basins located on each side of the alley intersection at Baker Street (Plan No. 71-12.4). The smaller basin on the east side of the alley intersection appears to be a flow -by condition, where the larger basin on the west side appears to be a sump condition. During our field visit we noticed that the City has installed 4" concrete reflectorized bollards to warn alley traffic away from the sharp edges of these catch basins to prevent the possibility of tire damage as evidenced by the scraping that was visible on the curb and the broken tops of the inlets at each corner. Special design consideration will be provided for an analysis of catch basin relocations and/or retrofits and alley intersection designs that will allow for ADA compliant access across the entrances of Alley 30 and Alley 31. Possible design considerations would include: Up-sizing and reconstruction of the east catch basin to handle all flows from the street and alley and elimination of the west catch basin; Deconstruction and raising of the alley intersection to provide a clear ADA path of travel while improving adjacent parking access and maintaining alley surface drainage." Retrofitting the existing catch basins to plug the side inlets on the alley while providing additional capacity on the street side inlet and narrowing of the alley entrance to 20 feet with curb and gutter and ADA compliant sidewalk and alley intersection build -out. KABBARA ENGINEERING PROPOSAL PRESENTED TO THE CITY OF COSTA MESA Page 8 of 25 ADA Compliance & Joining Private Properties Alley 31 surface flows from Coral Avenue to Cinnamon Avenue with a grade of 0.32%, where there is an existing side inlet catch basin located on the northerly return of the alley intersection with Cinnamon Avenue. We anticipate that this catch basin will require relocation or modification in order to provide ADA compliant access across this alley entrance. Any proposed paving in the area would need to include positive drainage away from existing garages, carports, structures and other improvements immediately adjacent to the R/W. The feasibility of replacing the alley intersection and the effects on private properties and ADA access will be evaluated during the preliminary design phase of this project. Maintaining access to the all existing garages and driveways on each side of these alleys, and protecting the stability of the existing block wall, building walls and fences each side will be critical to the final design of any proposed improvements. Utility Coordination Our research indicated and there was visible evidence of various existing underground utilities within the subject alleys. We anticipate that existing power poles and overhead lines will be protected in place during construction. Upon search, if existing underground facilities are found, special attention will be paid to the existing depth of the utilities and the amount of cover shown on existing plans. This will impact the depth of the proposed structural section, subgrade treatments, and the pavement alternates. The depth horizontal location any existing utilities is also critical to the design of any pfoposed storm drain pipe and structures in the project area. Organized and thorough utility research, supplemented by our field survey of surface utilities and inverts, and potholing (if necessary) is required to identify potential conflicts, provide accurate design solutions and to avoid costly delays during construction. KABBARA ENGINEERING PROPOSAL PRESENTED TO THE CITY OF COSTA MESA Page 9 of 25 Traffic Control & Striping Due to limited 20 foot alley widths, we anticipate that the Projects will be reconstructed with local street closure similar to the previously completed alley projects that we have been involved in. Traffic control and closures for each alley should comply with the WATCH Manual. Also, based on our past experience with alley construction in the City, traffic control and haul route requirements will be included in the special provisions for each Project, and no separate traffic control plans are included in our scope. Our visual inspection of the project alleys found no evidence of existing striping, so no traffic striping plans are included as a part of this project. Monumentation Our field review indicates that no survey monumentation was visible at any of the Alley intersections. We anticipate that the Contractor may be required to establish new centerline ties after construction and that this work will be included in the project specifications and bid schedule for the alley projects. Quality Assurance Kabbara Engineering is committed to Quality Assurance on every project we undertake. We understand that an effective Quality Assurance Plan has a direct and positive effect on the success of a project. Our Quality Assurance Plan includes formal reviews for value engineering and constructibility by a Principal Engineer of our firm and a designated external Construction Manager. Our attention to details and standard Quality Assurance practices ensure that the project design and deliverables are thoroughly checked for conformance to the City requirements at each project milestone. This plan, along with a highly qualified technical staff who are experienced in alley improvement projects and committed to excellent client service, will assure the success of your projects. Construction Costs The requirements of the City's RFP indicate that this project is funded with local funds and HUD funding. In addition to the required cost estimates at the 70%, 90% and 100% project milestones, Kabbara Engineering will also prepare an initial Preliminary Design Report to evaluate the four pavement alternatives requested by the City for this project. The Preliminary Design Report will allow the City to consider the cost and feasibility of each pavement alternative, so that the most effective design can be utilized for the project. Kabbara Engineering also includes is a review of all Opinions of Probable Construction Costs by an designated external Construction Estimator, and comparison of actual recent bid costs on similar projects in the area. These proven steps will help to ensure that the City receives construction bids that are within budget and very close the final Engineer's Estimate. KABBARA ENGINEERING PROPOSAL PRESENTED TO THE CITY OF COSTA MESA Page 10 of 25 Project Schedule Kabbara Engineering is committed to meeting our client's project schedules. Our excellent record of project schedule and cost compliance is based on the following three-point plan: Project Planning We feel that project planning is a vital fust step in reaching our goal "project completion on- time". When planning a project, we break down that project into tasks. Utilizing the Critical Path Method, we rank each task, determine the resource requirements to accomplish each task, review any time constraint and allocate the necessary resources. Good planning is only the first step toward accomplishing our goal of schedule and budget compliance. Project Tracking We are constantly striving to overcome all project time constraints through constant monitoring and tracking. To help us with this task, we use the latest in project scheduling and tracking software. These tools allow us to manage our resources efficiently and adjust our planned course of action to conform to the project schedule. Communication Clear communication between our design team and our client is of vital importance in all projects we undertake. We strive to keep our clients informed of the project schedule and design progress through our "STATUS REPORTS", which are provided in hard copy and will regularly be available and updated for the City project manager on our secured access web site. These reports will identify any potential problems early on and help secure solutions. Status reports are prepared on a monthly or bi-weekly time frame, depending on the client's needs and the project's requirements. We also utilize regular monthly progress meetings with the City and any other affected agencies to discuss project goals, work in progress, schedule, and any design issues that may arise. KABBARA ENGINEERING PROPOSAL PRESENTED TO THE CITY OF COSTA MESA Page 1 l of 25 In an effort to expedite and maintain the City's schedule, we have developed a work plan outlining the following required steps necessary to complete this project: A. Project Analysis and Review, Meetings & Cost Accounting 1. Analyze the project and research, compile and review all available documents provided by the City of Costa Mesa, obtain and review all necessary documents and maps (as required) from the County of Orange. 2. Organize and attend 4 progress meetings with City staff for design review and coordination purposes. Includes preparation of meeting minutes within 2 working days after the subject meeting. B. Utility Investigation & Coordination 1. Notify all affected public utility companies, governmental agencies, sanitary and water districts using City of Costa Mesa utility coordination procedures, and identify existing facilities using record documents and atlas maps provided by the various utility companies. Includes 3 notifications via certified mail, including 1 set of construction plans with each notification. 2. Coordinate with all existing affected utility companies and request utility companies to pothole their facilities as required to verify and obtain the precise location and depth of their facilities for design purposes. Identify anticipated conflicts, make recommendations for potholing, if required, to the City's Project Manager, and resolve any conflicts with utility companies (if required). 3. Obtain approval in writing from affected utility companies for any utility work and clearance (if required). 4. Prepare a Utility Notification Log to track utility company contacts and responses. Utility Notification Log and copies of all correspondence will be provided to the City with Final Plan submittal. C. Design Survey 1. Perform field survey to identify existing topographic features and improvements, and to provide cross sections at 25 foot intervals including elevations of join lines, top of curb, gutter flowline, lip of gutter, finished surface at centerline, EG, EP, driveways including TX and BX, cross gutters, curb returns, ramps and all angle points and grade breaks as required for design purposes. Damaged curbs, gutters and cross gutters will be surveyed at 10 foot intervals. Cross sections shall extend 20 feet beyond the right-of-way at 5 foot intervals as required to provide adequate join elevations at driveways and alley entrances, and 25 feet beyond the right-of- way at wheel chair ramps. Also includes 25 foot cross sections on cross streets to 100 feet beyond the curb returns in both directions. Includes field review of project to identify special conditions and conflicts. Locate and identify horizontal and vertical control used (Orange County benchmark). KABBARA ENGINEERING PROPOSAL FOR THE CITY OF COSTA MESA Page 12 of 25 2. Prepare Base Plans using computer aided drafting, and the field topographic survey data (AutoCAD). Plot existing utilities, right-of-ways, property lines, addresses, and site specific topographic features required for design at (H) 1 "=10', (V) I"= V scale, plan and profile for the project alleys, on City of Costa Mesa Standard Title Block Sheets. D. Field Engineering 1. Perform 3 field walks with City Staff to review, locate and mark removals of damaged miscellaneous PCC joining improvements, such as curbs, gutters, crossgutters, driveways, trees, and sidewalk. Initial field walk with City Staff may be scheduled prior to the field survey in order to identify and mark removals and join locations which require more detailed survey information and elevations. Secondary and final field walks shall be completed after second plan check and final submittal in order to ensure the accuracy of the plans. E. Geotechnical Investigation & Pavement Design (by Southern California Soil & 'Testing, Inc. - subconsultant) Southern California Soil & Testing will furnish the following data: 1. SCS&T will perform a geotechnical investigation, design pavement sections, and prepare a soils report. SCS&T will submit four copies of a draft and final pavement evaluation reports including introduction, project description and recommendations. 2. Drill a total of 9 borings: Alley Number Number of Borings 122 2 28 1 29 1 30 1 3 31 1 2 Cores will be at least 6 inches in diameter and 3 feet deep. Coring holes will be backfilled and compacted 95% with AC material immediately after obtaining soil samples. SCS&T will prepare a boring location map including dimensions of boring locations and their horizontal distances to identifiable points (BCRs, ECRB, street centerlines, curb face, etc.), as well as boring logs. 4. SCS&T will provide geotechnical information (including geotechnical analysis) for each alley. 5. SCS&T will provide and/or recommend the following minimum information in the submitted report: KABBARA ENGINEERING PROPOSAL FOR'rHE CIT`( OF COSTA MESA Page 13 of 25 a. Existing structural section (including material classification, thickness and material types of AC, PCC, base, and sub -grade materials). b. "R -value" at a three-foot depth from existing finished surface or existing grade. C. Existing and optimum moisture content for materials representative of each alley at a depth of between the existing finished surface and three feet from existing finished surface. d. Classification, consistency and pavement support characteristics of the soil materials encountered. e. Traffic indices (it is understood that the City will provide only average daily traffic volume based on 24 hours in both directions). 6. SCS&T will calculate proposed pavement structural sections (20 -year design life): a. Full depth Asphalt Concrete (AC) b. Full depth Portland Cement Concrete (PCC) C. PCC over Crushed Miscellaneous Base (CMB); and d. AC over CMB e. Proposed alternatives by SCS&T after material testing for all streets. 7. SCS&T will analyze all proposed pavement structural sections and recommend the most economical and effective section; fabric will be incorporated as necessary. 8. SCS&T will provide compaction requirements; subgrade preparation; and treatment recommendations for wet, unsuitable, and/or saturated conditions. SCS&T will provide depth and estimated quantity for needed over -excavation for incorporation into bid documents. 9. SCS&T will provide all necessary traffic control while performing fieldwork per the latest edition of the W.A.T.C.H. Manual. 10. SCS&T will obtain permits and provide protection of existing utilities: At least two working days before starting field work, SCS&T will obtain all permits, licenses, and other requirements as necessary, and request utility companies to locate their facilities. The City will issue a no -fee permit for the boring work. 11. SCS&T will arrange and tabulate all soil information (existing and proposed) in table format. 12. SCS&T will perform a geotechnical investigation, design pavement sections, and prepare a soils report. SCS&T will submit four copies of a draft and final pavement evaluation report including introduction, project description and recommendations. F. Potholing of Existing (City Owned) Facilities 1. Provide potholing (by subconsultant), if needed, of existing City storm drain and traffic signal utilities at locations where conflicts are anticipated, as directed in writing by the City's Project Manager. KAREARA ENGINEERING PROPOSAL. FOR THE CITY OF COSTA MESA Page 14 of 25 G. Construction Documents 1. Preliminary Design a. Prepare 2 sets of preliminary alley improvement plans (1 for Project "A" and 1 for Project `B") at (H) 1 "=10', (V) 1 "=1' scale, on City of Costa Mesa Standard Title Block Sheets. The plans shall include a title and general note sheet, detail sheet, plan and profile sheets, construction notes, bid item numbers, typical sections, and details, as required. No traffic signing, striping or traffic control plans are included, since there is no existing striping in the alleys, and traffic control requirements will be included in the project specifications, per City request. b. Prepare preliminary cross sections at 25 foot intervals for each Alley at 1 "=10'(I), 1 "=1'(V) scale showing existing and proposed improvements, elevations and cross -fall gradients. Cross section plans will be finalized with each Alley but not included in the bid sets, per City requirements. C. Identify anticipated utility conflicts to determine if potholing is required. Notify the City Project Manager. d. Prepare one set of preliminary specifications in City of Costa Mesa format, including all City and HUD required attachments and a separate bid proposal for each Alley. Alley No. 30 improvements will be the base bid for Project `B" and Alley Nos. 28, 29 and 31 improvements will be included as Additive Bid Alternates. e. Prepare Preliminary Quantity Calculations and Opinions of Probable Cost for each Project, using Microsoft Excel. f. Submit 5 sets of prints of 70% improvement plans, specifications & cost estimates to City for review and comments. 2. Final Design a. Revise preliminary improvement plans and plot final improvement plans, including Title sheets, detail sheets, alley plan and profile sheets. b. Prepare Final Cross Sections for each project Alley. C. Prepare Final Specifications for each Project. d. Prepare Final Quantity Calculations and Opinions of Probable Construction Cost for each Project. e. Submit 5 sets of prints of 90% Improvement plans, Specifications and Cost Estimate to City for review and comments. 3. Construction Document Phase a. Revise and plot Final Improvement Plans, Specifications and Estimate. b. Send copies of final plans to utility companies requesting them to coordinate any adjustments and/or relocations with the City of Costa Mesa. Prepare & Submit two copies to City of Resident Engineer's File, including quantity calculations, cost estimates, utility notification log, survey data, geotechnical report, and copies of all correspondence related to the project as required by the City. KABBARA ENGINEERING PROPOSAL FOR THE CITY OF COSTA MESA Page 15 of 25 d. Submit Final Improvement Plans, Specifications and Cost Estimate to City, on 22"x34" Mylar and in digital format on a flash drive using AutoCAD, for final approval. Specifications and estimates shall be submitted in hard copy and on compact disc using Microsoft Word and Excel 2000. KABBARA ENGINEERING PROPOSAL FOR THE CITY OF COSTA MESA Page 16 of 25 FEESCHEDULE 13 Kabbara Engineering PSA 11 CIVIL ENGINEERS a LAND SURVEYORS August 29, 2011 City of Costa Mesa Public Services/Engineering 77 Fair Drive, 4th Floor Costa Mesa, California 92628 Attention: Mr. Maher Nawar, P.E. Subject: Fee Proposal to Provide Professional Engineering Services for the Design of Alley No. 122 (Project "A") and Alley Nos. 28, 29, 30, 31 (Project B") Attached herewith per your request is our fee proposal per the attached Man -Hour Fee Schedules for Professional Engineering & Design Services for the subject Alley reconstruction projects in the City of Costa Mesa. Our fee proposal assumes that all Alleys will be designed concurrently in order to achieve cost efficiencies. Additional mobilization and office charges will be necessary if only an individual alley is authorized at a time. Our total lump sum fee proposal for the subject project, including subconsultant fees, and the City requested Potholing contingency, is as follows: Description - Total Fee ALLEY NO. 122 (Project "A") Kabbara Engineering $ 11,510.00 Southern California Soil & Testing Inc. (Geotechnical Subconsultants)* $ 2,489.00 Potholing Contingency $ 1,500.00 Project "A" SUBTOTAL $ 15,499.00 ALLEY NOS. 28,29,30,31 (Project "B") Kabbara Engineering (Alley 31) $ 13,535.00 Kabbara Engineering (Alleys 28, 29 and 30) $ 23,400.00 Southern California Soil & Testing Inc. (Geotechnical Subconsultants)* $ 5,979.00 Potholing Contingency $ 3,000.00 Project "B" SUBTOTAL $ 45,914.00 TOTAL LUMP SUM FEE $ 61,413.00 ® 121 NORTH HARWOOD STREET, ORANGE CALIFORNIA. 92866-1626 TEL (714) 744-9400 FAX (714) 744-9771 www.kabbara.net PROJECT SCHEDULE 14 Kabbara Engineering PSA 11 0 Z wCN w w z .......... ... . ...... . ... . ... . . .......... . ... ...... ............ . Of f/J. Z LLI t7 7 co co C%l Z N -a (D LL cc E D M cn -)e E co E (n Z — — cn E m U) 0 >, co ca E v cL w (L c,j > O. 0 Z L . i C? 0 r ui cn JY <o 0 cn cm Cl) w L ui CL cL cL cL — — 7 — z C4 z — — — — — — — 0 Q 8 0 0 0 Z�� C3 Q m Z! �co z Q w w w w w Z mg 'cD :� a) cm cq — *r- — 'a — a o 8 -r- m -r- C) < .9 :� 7� c m m cm LL L) 0 cD LLI 0 w C 0 cD cD cD N w m m m I -r 3 00 —'r- o m LL LL0 F- w o 2 o 2 o 2 2 o C4 C4 CL -0 co co co w w >, co w g, co w g, co >1 co 'o w >, co w >, co co Lo cD v) cD co N m co VO" N O co -2 cn E LL ya) OR E 0 ci m W Z > w 5 w 0 LL UJ CO =) W 0 w CO IL IL ui z 0 CO LLI 0 (L co 0 0 of -6 CO w W w (6 LL 0 Z U) Q-0 =i .0 Ly Ir z IWO LLI W 0 co P: 0 cId W m LLI LD < > co< =! LL w .6 C) m Z > WW z Z 0 U) Fj LLI LL �- cr� W CV WW 0 w 0 U LL U) Z > ww W > W z 0 co CM D a) U) 6 < U) W (L LL co C4 u < z E cc LL LL U= W U) 0o z w P: v z (n u? z 0❑ >- M a- IL a_ Lu > D >1 WLLJ 0 w .,Z gg .,Z e -j 0 WW cwo w LL D b r- b r, b r, b m 0 0 b m LL fl0;�! 4d CM CM 0 w 9— 04 m I 1-t I LD co (n < a) a) IL z 0 < CITE' COUNCIL POLICY 100®5 15 Kabbara Engineering PSA 11 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; 16 Kabbara Engineering PSA 11 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 b. Establishing a Drug -Free Awareness Program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 17 Kabbara Engineering PSA 11 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3 g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law. 18 Kabbara Engineering PSA 11 CERTIFICATES OF INSURANCE 19 Kabbara Engineering PSA 11 rel 7I-01 reT.1 A11%. .--- �w CERTIFICATE OF LIABILITY INSURANCE DA7E(08/111111111YYYYj 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pol)cy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 714-997-8100 ) MNo 866 W. Kate ( Ave. 256ices 714-460-9935 Orange, CA 92887 CONTACT NAME: AICONH (FAX, : AODRESs: shat heffins.com PRODUCER CUSTOMER 10 0.KABBA-1 INSURER(S) AFFORDING COVERAGE NAtC N INSURED Kabbara Engineering 121 N. Harwood St. Orange, CA 92866-1626 A. -Citizens Ins. Co. of America 31634 -INSURER INSURER B. Hanover American Insurance INSURER C:Ar onaut Insurance Co. 19801 INSURER D : ENSU RER E : INSURER F: nAv9RAr:9C rFRTIKIe%Arp NI IMRPM. RFVICIr1N MIIMFtKR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lLYRNSR TYPE OF INSURANCE ADDL SURR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MWO LIMITS COSTA MESA, CA 92628 GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 DAMAGE rO RENTED PREMISES Ea ocarrrence $ 300,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR OBF908728700 06/01/11 06/01/12 MED EXP (Anyone person) S 6,00 PERSONAL & ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 4,000,0010 $ POLICYFX PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ INCL IN G (Ea aoWdenl) ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Per socidenl) $ A X SCHEDULED AUTOS HIRED AUTOS OBF908728700 06/01/11 06/01/12 PROPERTY DAMAGE (Par accident) $ $ X NON -OWNED AUTOS UMBRELLA LIAR FTOCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAR LAIMS-MOE NIA DEDUCTIBLE S S RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICERIMEMBEANYECUTIVEYF (Mandatory In NH) N/A ZF911732100 06/01111 06/01/12 X WC STATU- OTH- ER E.L. EACH ACCIDENT $ 1,000,00 EL DISEASE -EA EMPLOYEE $ 1,000,00 Utyes describe' OF OPERATIONS below E.L_ DISEASE -POLICY LIMIT S 1,000,00 C PROFESSIONAL AE120421 08/03/11 08/03/12 PER CLAIM 2,000,00( LIABILITY AGGREGATE 2,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES `Attach ACORD 161 Additfonal Remarks Schedule, It more space is requtred) PROJECTS AS ON FILE WITH THE INSURED INCLUDING but NOT LIMITED TO DESIGN OF THREE ALLEYS116, 076 & 076). CITY OF COSTA MESA ITS ELECTED & APPOINTED BOARDS, OFFICERS AGENTS & EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDSAND PRIMARY/NON-CONTRIBUTORY CLAUSE APPLIES TO THE GENERAL LIABILITY POLICY -SEE ATTACHED I'POT111:11`6TI- unt nrp t%Ahfrl=l I ATInN ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF COSTA MESA ACCORDANCE WITH THE POLICY PROVISIONS. PUBLIC SERVICES/ENGINEERING AUTHORIZED REPRESENTATIVE ATTN: MS. FARIBA FAZELI 77 FAIR DR., 4TH FL. COSTA MESA, CA 92628 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Policy Number: OBF908728700 Insured: KABBARA ENGINEERING THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM i. Additional insured by Contract, (2) To any person or organization Agreement or Permit included as an insured by an Under SECTION II - LIABILITY, C. endorsement issued by us and Who Is An Insured, Paragraph 4, is made part of this Policy; added as follows: (3) To any lessor of equipment: a. Any person or organization for (a) After the equipment lease whom you are performing expires; or operations when you and such (b) If the "bodily injury", person or organization have agreed "property damage" or in writing in a contract, agreement or "personal and advertising permit that such person or injury" arises out of the sole organization be added as an negligence of the lessor; additional insured on your policy. Such person or organization is an (4) To any: additional insured only with respect (a) Owners or other interests to liability for "bodily injury", from whom land has been "property damage" or "personal and leased which takes place advertising injury" caused, in whole after the lease for that land or in part, by: expires; or (1) Your acts or omissions; or (b) Managers or lessors of (2) The acts or omissions of those premises if: acting on your behalf, (i) The occurrence takes but only with respect to: place after you cease to be a tenant in that (3) "Your work" for the additional premises; or Insured(s) at the location designated in the contract, (ii) The "bodily injury", agreement or permit; or "property damage" or "personal and (4) Premises you own, rent, lease, advertising injury" arises control or occupy. out of structural This insurance applies on a primary alterations, new basis if that is required by the construction or written contract, agreement or demolition operations permit. performed by or on b. This provision does not apply: behalf of the manager or lessor; or (1) Unless the written contract or written agreement has been (5) To "bodily injury", "property executed or permil has been damage" or "personal and issued prior to the "bodily advertising injury" arising out of injury", "property damage" or the rendering of or the failure to "personal and advertising render any professional injury"; services. This includes but is not limited to any professional 391-1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 4 services as an architect or if other valid and collectible engineer arising out of any Insurance Is available to the construction agreement or Additional Insured for a loss we activities under which any cover under SECTION II — insured or anyone acting on any LIABILITY, Part A. Coverages, Insured's behalf provides or Paragraph 1., Business provided service, advice, Liability our obligations are expertise or work. Construction limited as follows: includes, but is not limited to, a. Primary Insurance the plan, conception, design, This insurance is primary to build, construct, assembly, other insurance that is development, safety, erection, available to the Additional formation, reconstruct, Insured which covers the rehabilitation, repair, or any Additional Insured as a improvement made to real Named Insured. We will not property. Construction also seek contribution from any includes the hiring, supervision other insurance available to or management of any of these the Additional Insured activities. However, this except: exclusion does not apply to (1) For the sole negligence liability arising out of an of the Additional insured's presence at a jobsite Insured; that was not caused by professional activities listed in (2) When the Additional the above paragraph. Insured is an Additional Insured under another c. Additional insured coverage primary liability policy; provided by this provision will not be or broader than coverage provided to (3) When b.(2) below any other insured. applies. d. All other insuring agreements, If this insurance is exclusions, and conditions of the primary, our obligations policy apply. are not affected unless II. Additional insured by Contract, any of the other Agreement or Permit -- Primary and insurance is also Non-contributory primary. Then, we will share with all that other The following is added to SECTION III — insurance by the COMMON POLICY CONDITIONS: method described in M. Other Insurance b.(3) below. 1. Additional Insureds b. Excess Insurance If you agree in a written This insurance is excess contract, written agreement or over. permit that the insurance (1) Any of the other provided to any person or insurance, whether organization included as an primary, excess, Additional insured under contingent or on any SECTION II - LIABILITY, Part other basis: C — Who is An Insured, is (a) That is Fire, primary and non-contributory, Extended the following applies: Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; 391-1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permisslon Page 2 of 4 (b) That is Fire (1) The total amount that all insurance for such other insurance would premises rented to pay for the loss in the the Additional absence of this insurance; Insured or and temporarily (2) The total of all deductible occupied by the and self-insured amounts Additional Insured under all that other with permission of insurance. the owner; c That n insurance () We will share the remaining loss, if any, with any other purchased by the insurance that is not described Additional Insured in this Excess Insurance to cover the Additional Insured's provision and was not bought specifically to apply in excess of liability as a tenant the Limits of Insurance shown in for "property the Declarations of this damage" to Coverage Part. premises rented to the Additional c. Method Of Sharing Insured or If all of the other insurance permits temporarily contribution by equal shares, we will occupied by the follow this method also. Under this Additional Insured approach each insurer contributes with permission of equal amounts until it has paid its the owner; or applicable limit of insurance or none (d) If the loss arises out of the loss remains, whichever of the maintenance comes first. or use of aircraft, If any of the other insurance dees "autos" or watercraft riot permit contribution by equal to the extent not shares, we will contribute by limits. subject to Exclusion Under this method, each insurer's g. of SECTION II — share is based on the ratio of its LIABILITY, Part A. applicable limit of insurance to the Coverages, 1. total applicable limits of insurance of Business Liability. all insurers. When this insurance is excess, Ill. Aggregate Limit of Insurance (Per we will have no duty under Project) SECTION 11 — LIABILITY, Part A. Coverages, 1. Business a. For purposes of the coverage Liability to defend the insured provided by this endorsement, D. against any "suit" if any other Liability and Medical Expenses insurer has a duty to defend the Limits of Insurance under Section insured against that "suit". If no II — Liability is amended by adding other insurer defends, we will the following: undertake to do so, but we will be entitled to the insured's rights The General Aggregate Limit under against all those other insurers. D. Liability and Medical Expenses When this insurance is excess Limits of Insurance applies separately to each of "your projects" over other insurance, we will pay only our share of the or each location listed in the amount of the loss, if any, that Declarations. exceeds the sum of: 391-1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 3 of 4 b. For purposes of the coverage provided by this endorsement F. Liability And Medical Expenses Definitions under Section 11 - Liability is amended by adding the following: a. "Your project" means: Any premises, site or location at, on, or in which "your work" is not yet completed; and ii. Does not include any location listed in the Declarations. IV. Blanket Waiver of Subrogation Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: We will waive any right of recovery we may have against any person or organization when you have agreed in a written contract, permit or agreement to waive any rights of recovery against such person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". 391 -1586 0211 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 4 of 4