HomeMy WebLinkAbout06 - CC-5 - Attachment 1 - 2/4/2014ATTACHMENT 1
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
ANDERSONPENNA PARTNERS, INC.
THIS AGREEMENT is made and entered into this 4th day of February, 2014 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
ANDERSONPENNA PARTERS, INC., a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to provide engineering design services, as more fully described herein; 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 the specific services
described in Exhibit "A" (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 Sections 1090-1092 of the California Government Code, 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") attached hereto as Exhibit "B", both 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. Performance to Satisfaction of Com. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the
work will be done by the City Manager or his designee. If the quality of work is not satisfactory,
City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. 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.
1.5. 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.
1.6. 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.
1.7. 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.
1.8. Confidentia_I_itt . Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization
by City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this
Section shall survive the termination of this Agreement.
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 not exceed One Hundred and Nine Thousand Three
Hundred Dollars ($ 109,300.00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal 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
2 AndersonPenna Partners
unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than two times a month. 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, the date of performance, 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.
3.0. TIME OF PERFORMANCE
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.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of one year through February 3, 2015, 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 based on 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 (
3 AndersonPenna Partners l/
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.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
"A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by
City:
(a) Commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence. If such
insurance contains a general aggregate limit, it shall apply separately to
this Agreement or shall be twice the required occurrence limit.
(b) Business 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 for bodily injury
and property damage.
(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, its officers, agents,
employees, and volunteers arising from work performed by Consultant for
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. Architects' and engineers'
coverage shall be endorsed to include contractual liability. If the policy is
written as a "claims made" policy, the retro date shall be prior to the start
of the contract work. 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 commercial general liability insurance policy and business
automobile liability 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, officials, agents, employees, and volunteers
4 AndersonPenna Partners
are additional insureds with respect to: liability arising out of activities
performed by or on behalf of the Consultant pursuant to its contract with
the City; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; automobiles owned, leased,
hired, or borrowed by the Consultant."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor
shall it be cancelled, nor the coverage or limits reduced, until thirty (30)
days after written notice is given to City.
(c) Other insurance: "The Consultant's insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers. Any other insurance maintained by
the City of Costa Mesa shall be excess and not contributing with the
insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3. Deductible or Self Insured Retention. 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.
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. The
certificates of insurance shall be attached hereto as Exhibit "E" and incorporated herein by this
reference.
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.
6.0. GENERAL PROVISIONS
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 or her 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 Y
otherwise expressly provided in this Agreement. {
rJ AndersonPenna Partners
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:
AndersonPenna Partners, Inc.
20280 Acacia Street, Suite 100
Newport Beach, CA 92660
Tel: (949) 428-1500
Fax: (949) 258-5053
Attn: David Anderson
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 754-5183
Fax:(714)754-5028
Attn: Pritam Deshmukh
6.5. Druq-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
"F" 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. Governinq 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
6 AndersonPenna Partners
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 agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at
Consultant's sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the City, its elected officials, officers, agents and employees
arising out of the performance of the Consultant, its employees, and/or authorized
subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation
provided for hereunder shall apply without any advance showing of negligence or wrongdoing
by the Consultant, its employees, and/or authorized subcontractors, but shall be required
whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors,
omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors,
and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected
officials, officers, agents and employees based upon the work performed by the Consultant, its
employees, and/or authorized subcontractors under this Agreement, whether or not the
Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise
asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the
defense or indemnification of the City for claims, actions, complaints or suits arising out of the
sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained either in the City's specifications or Consultant's
Proposal, which shall be of no force and effect.
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 have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an
agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any
of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any
time, or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole 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. Consultant shall indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
7 AndersonPenna Partners
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.13. 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
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.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and 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,
pursuant to this Agreement 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.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the
Political Reform Act (Government Code Sections 81000, et seq.) and Government Code
Section 1090. During the term of this Agreement, Consultant and its officers, employees,
associates and subconsultants shall not, without the prior written approval of the City
Representative, perform work for another person or entity for whom Consultant is not currently
performing work that would require Consultant or one of its officers, employees, associates or
subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest
statute.
6.16. Responsibility 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
8 AndersonPenna Partners
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.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.18. 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 any document, 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 the document referenced.
6.19. 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.
6.20. 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.
6.21. 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.
6.22. 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.
6.23. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.24. 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.
6.25. 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 made by the presiding court or arbitrator of competent jurisdiction I�
9 AndersonPenna Partners _
shall be binding, then both parties agree to substitute such provision(s) through good faith
negotiations.
6.26. 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.
6.27. 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.
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 Jim Righeimer
CONSULTANT
Nv-?i
Pure
David R. Anderson, Executive Vice President
Name and Title
20-3110850
Social Security or Taxpayer ID Number
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
Date:
Date:
APPRO S TO ORM:
Date:
LAY A torne
Ito]
.r
AndersonPenna Partners �� �%
APPROVED AS TO INSURANCE:
Date:
Risk Management
APPROVED AS TO CONTENT:
oce/ Date:
Prod Manager
11 Anderson Penna Partners l } }> }
EXHIBIT A
REQUEST FOR PROPOSALS
12 AndersonPenna Partners (a
November 13, 2013
CITY OF COSTA MESA
CALIFORNIA 92628-1200 P.O. Box 1200
FROM THE OFFICE OF THE TRANSPORTATION SERVICES MANAGER
SUBJECT: REQUEST FOR PROPOSALS — DESIGN AND ENVIRONMENTAL SERVICES
FOR IMPROVEMENTS ON RED HILL AVENUE, PLACENTIA AVENUE, AND
BRISTOL STREET
Dear Consultant:
The City of Costa Mesa is requesting proposals for professional engineering and environmental
services to design improvements on three (3) separate street segments in Costa Mesa. The
scope of services generally consists of preparation and processing of environmental documents
and preparation of civil engineering design plans for the installation of raised medians and
landscaping along Red Hill Avenue, Placentia Avenue, and Bristol Street.
Proposals for professional engineering and environmental services are requested for the three
(3) individual projects listed below. The City may choose to award each project separately to
different consultants or combine projects and award one or more to the same consultant.
Project A: Median installation and landscaping along Red Hill Avenue between Bristol Street
and McCormick Avenue
Project B: Median installation and landscaping along Placentia Avenue between Adams
Avenue and Wilson Street
Project C: Median installation and landscaping along Bristol Street between Baker Street and
Newport Boulevard Southbound Frontage Road
Consultants' Proposals should include each individual Project that they are proposing, in one
submitted document.
Each project is structured in the four (4) following phases:
Phase 1: Existing Plan Review, Survey, and Preliminary Design
Phase 2: Environmental Analysis and Approval
Phase 3: Final Civil Engineering Design
Phase 4: Federal Approval for Construction and Construction Support
Community outreach should be incorporated during the first three (3) phases of the project.
BACKGROUND
The City of Costa Mesa has identified accident patterns within the three (3) Project street
segments that could be improved by the installation of raised landscaped medians.
In January 2013, the City was awarded Federal Highway Safety Improvement Program (HSIP)
grant funds for three (3) individual projects to install medians, landscaping, and associated
1
77 FAIR DRIVE DS
PHONE, (71 d) 754�53v13 • rob: (714) 754-5244 • www.Gosta�Pll§saGa,po�i
improvements along Red Hill Avenue, Placentia Avenue, and Bristol Street to improve
pedestrian and traffic safety. Authorization to proceed with the final design for the three (3)
projects was received in September 2013.
SCOPE OF SERVICES
The project scope includes the preparation of plans and processing of documents to allow the
installation of medians and landscaping along Red Hill Avenue, Placentia Avenue, and Bristol
Street. The subject scope of services is intended as a "Turnkey" project to maintain a
responsible and comprehensive base for all project development. Tasks shall be coordinated to
effectively develop interrelated project elements; the project shall not be advanced until
preliminary requirements are addressed and clear direction established. The consultant shall
have total responsibility for the accuracy and completeness of all work and services.
The following description of work defines the general project requirements for each median
project (A, B, and C). Associated tasks and provisions not specifically defined herein are
requested to be addressed in the proposal and undertaken within the proposed "Not to Exceed"
contract fee.
PHASE I — Topographic Survey, Field Condition Assessment Alternatives Analysis,
Preliminary Design, & Resident Meetings
This phase consists of defining the physical conditions and utilities within the project area,
preparation of preliminary design plans and establishing the design features proposed, and
meeting with affected stakeholders. For Project C (Bristol Street) between Baker Street and
Randolph Avenue, the consultant shall perform a traffic analysis of turning movements from
driveways and pedestrian crossing movements. Based on this analysis, the consultant shall
provide median alternatives to address traffic and pedestrian issues. This phase shall include
the following:
1. Meet with City staff to define and clarify the work plan and project elements. The City will
provide data collected to date and conceptual plans for consultant use. It is the consultant's
responsibility to verify the accuracy of all information provided by the City.
2. Review all City -supplied information, including conceptual plans and neighborhood
concerns.
3. Perform additional topographic surveying extending through the project area to establish
horizontal and vertical controls at 25' intervals. Establish existing and proposed controls
including centerline, street geometrics, and right-of-way throughout the project limits.
Reference elevations to the closest and latest Orange County Benchmark (DCBM).
4. Research and establish the precise location of all utilities and utility easements. Coordinate
with all utility companies to determine underground, surface, and overhead facilities. Comply
with the City -adopted "Utility Coordination Procedures." Determine where interfaces with
existing facilities will occur as a result of the future construction of this project. Consult with
affected utility companies and resolve any conflicts, keeping City staff informed in writing.
Maintain a Utility File on all utility documentation.
5. Plot the detailed survey notes and electronic mapping files at 40 scale using CAD on 24" X
36" sheets identifying all existing conditions. Physical features shall include BCR, ECR,
flow -lines, centerlines, angle points, top of curb, spandrels, pavement striping, utilities,
structures, walls, trees and landscape, underground and surface utilities, poles, hydrants,
catch basins, signs, valves, manholes, and all other physical features.
6. Perform a traffic analysis of turning movements from driveways and pedestrian crossing
movements along Bristol Street (Project C); recommend any alternatives to the proposed
median and meet with City and affected stakeholders to reach consensus on the design.
2
7. Preliminary design work includes plans for construction of median improvements. The
preparation of cost estimates shall be included.
Community Outreach:
Installing raised medians and landscaping at certain locations may have impacts to property
frontages of affected businesses. The City intends to hold three (3) neighborhood meetings and
one (1) City Council Public Hearing, to identify and finalize the project concept. The Consultant
is required to continue this outreach to the community during the design process under the
City's direction. For the purposes of this proposal, assume up to three community outreach
meetings and a City Council presentation. The Consultant will plan, prepare, and conduct these
meetings based on discussions with the City. The City will assist in providing notification to
affected stakeholders including businesses and residents.
PHASE 11 - Environmental Study
This phase includes the preparation of a Preliminary Environmental Studies (PES) document
analyzing and describing environmental impacts and mitigations of each of the proposed
projects, Projects A, B, and C, meeting California Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA) requirements. As the three (3) median projects are
federally funded, Caltrans will review and approve all environmental documents. All associated
work required to receive environmental compliance shall be included within the subject scope of
services, including the preparation of the Field Review form, Aerial Deposited Lead (ADL) study
and other environmental studies as required, copying, distribution/mailing of notices, and
providing all materials and services as necessary. The consultant shall submit copies of the
environmental document, associated technical reports, and other materials for the City and
Caltrans review, and address all elements to achieve Caltrans environmental clearance.
PHASE 111 - Plans. Specifications & Estimates
This phase includes the preparation of final plans and specifications necessary to construct
each of the individual projects. The consultant is expected to meet twice a month with City staff
to discuss the various design elements. This task includes, but is not limited to the following:
A. Construction Documents - Prepare separate design plans and profiles at 1" = 20' scale
on standard 24" x 36" mylar for each Project. Electronic CAD files compatible with
AutoCAD 2007 and other document files shall be delivered to City. Complete plans on
mylar per City standards. Plan and profile will be required for the existing and proposed
elevations. Plans are to be fully detailed to advertise and construct the project. Design
plans shall include median design, landscaping and irrigation, signing and striping, and
traffic control and detour, etc. Work for Project A, Project B, and Project C shall include:
Utilities - Perform all necessary research to establish precise location of all utilities and
utility easements. Coordinate with all utility companies to determine the nature and
location of all possible relocations and associated costs. Determine where interfaces
with existing facilities will occur as a result of the construction of this project. Consult
with affected utility companies requiring relocations, and resolve any conflicts, keeping
City staff informed in writing, including the possibility of undergrounding utilities presently
on poles along the project area. Comply with Caltrans' "Manual on High and Low Risk
Underground Facilities within Highway Rights -of -Way."
2. Hydrologic/hydraulic Report — Analyze hydrologic/hydraulic conditions, develop details
for standard longitudinal and cross fall drainage, and document findings and design
calculations.
3. Prepare a Water Pollution Control Plan meeting recent City and State standards.
4. Prepare final cross sections at 50' intervals, indicating vertical and horizontal cross falls,
elevations, analysis of super elevations/highway design speed calculations, effect to
private property, etc., conforming to City standards. Detailed and complete cross
sections shall be submitted with the first plan check.
5. Traffic control plans are required and must provide continuous driveway and pedestrian
access at all times during the construction phase of the project. Traffic control plans shall
identify each construction stage and sequence, provide adequate details on alternate
detour :routes, developed to minimize impacts to residents. It is intended that all travel
lanes remain open during daytime hours, and that existing on -street parking remain
functional on at least one side of street during construction in daytime and all parking is
available during evenings and weekends.
6. The consultant shall prepare preliminary and final color renderings (hard copy and PDF)
of landscaping including planting plan and palette, and a minimum of two (2) isometric
views for each project to be used in presentations and reports.
7. For budgeting purposes, submit to the City preliminary construction estimates and a
monthly update of the estimates as design work progresses. Prepare final the detailed
construction quantity and cost estimate.
8. Obtain final design approval from the City, and comply with all applicable requirements.
9. Complete project contract documents and special provisions in a format consistent with
current City projects and in conformance with State and Federal guidelines. A copy of
the construction contract agreement will be furnished by the City.
10. Prepare and submit two (2) Resident Engineer files, containing at a minimum, final
construction quantities and cost estimates with background calculation work sheets; soil
and hydrology reports; survey data; Caltrans permit material; and relative information.
11. The Consultant will be requested to review and approve addenda and provide
clarification to plans and specifications. Consultant shall attend the pre -construction
meeting, and shall be available for consultation and assistance during construction of the
project to clarify or explain items relating to the design. The consultant will also be
responsible for preparation of final as -built plans.
12. The selected consultant shall include all additional items necessary to achieve
completion and approval of the final design plans and specifications.
PHASE IV— Caltrans Construction Authorization forms
The consultant will be responsible for preparing all Federal forms including the Request for
Authorization to Proceed with Construction, PS&E Certification, and the subject PS&E package
to Caltrans Local Programs. The consultant shall efficiently address all project components as
required to obtain State and Federal E-76 Certification.
Quality Assurance/Quality Control - Quality Control shall be consistently and thoroughly
applied throughout project development. Assigned QA/QC staff shall be technically well
qualified to conduct the appropriate level of oversight, and demonstrate a concerted and
sustained commitment to provide a high quality product. Concise written records shall be
maintained by the Consultant on all activities. Firms considering proposal submittals are
requested to have an in-house technical level of expertise to professionally address all aspects
of the project.
Project Design meetings shall be held twice a month. The consultant shall be responsible for
preparing meeting agendas, minutes, and presentation materials. A Critical Path Method (CMP)
network, based on activities to support all project milestones and subtasks, shall be prepared.
The information will be in the form of a bar chart and show a deliverables schedule and other
relevant data needed for the control of work, for City review of the work status, and
accomplishments occurring each month.
Content of Proposal
It is requested that the following be submitted with your proposal:
1. Project Understanding - provide a brief review of the project and any suggestions you might
have to expedite the project or special concerns of which the City should be advised.
2. Work Plan — define the project approach, team assignments, and products.
3. Schedule — provide a detailed schedule indicating stages of work and time frames.
4. An organization chart and staffing plan identifying personnel on this project, a brief resume
on each individual (two pages max per person), and recent projects on which they have
worked of similar type. Identify the project manager with a detailed resume, and the
individual authorized to negotiate the contract on behalf of the consulting firm.
5. A listing of similar street improvement projects that your firm has completed within the last
five (5) years. Information should include a description of work, year completed, cost, and
agency/client name along with the agency contact person.
6. Comply with Professional Services Agreement requirements (see attached PSA).
7. Submittal of three (3) duplicate proposals.
Fee Schedule
The professional services contract will not be awarded based upon competitive bidding, and it is
desired that fees be submitted separately. The fee schedule should show the hourly cost of
personnel per task under each phase, with a total not -to -exceed amount for each project (A, B,
and C). The consultant's cost proposal for the prime and subcontractors should contain a
breakdown of all cost components including labor base rate, other direct costs, overhead, and
fees. It is requested that the fee, including all meetings, reproduction, materials, mailings, and
associated project expenses, be itemized under the following phases:
Phase 1: Existing Plan Review, Survey, and Preliminary Design
Phase 2: Environmental Study
Phase 3: Final Civil Engineering Design
Phase 4: E-76 Authorization to Initiate Construction
Total Not To Exceed Price - $
NOTE: All originals of plans, field notes, data and calculations, correspondence, reports,
electronic files, etc., will be turned over to the City upon completion of design, Ten
percent (10%) of the total contract fee will be withheld until the final PS&E, Resident
Engineers File, and all project documents are submitted in acceptable form to the City.
Contract Changes
Any change in the scope of work resulting in a contract increase or decrease in fee shall be
approved by the City in writing prior to commencement of actual change in work. No fee
adjustment will be allowed unless said prior approval is authorized exclusively in writing by the
City, without exception.
Right to Reject all ProAosa/s
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 request for
proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission
of additional information, and/or in any other aspect of a proposal prior to the award of a written
contract will be borne by respondent. 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 a respondent. All proposals submitted to the City
of Costa Mesa in response to this request for proposals shall become the property of the City.
Enclosed is the City of Costa Mesa professional services standard agreement and sample
certificate of insurance for reference in preparing the proposal. The minimum insurance and
endorsement requirements are stated within the enclosed documents. Should your firm be
interested in submitting a proposal for this project, please forward to the City of Costa Mesa,
Transportation Services Division, 4th Floor City Hall, on or before 5:00 p.m., December 11,
2013. If additional information is required, please contact Pritam Deshmukh, Associate
Engineer, at (714) 754-5183, or via email at pritam.deshmukh@costamesaca.gov.
Sincerely,
RAJA SETHURAMAN, Manager
Transportation Services
Attachments: 1 - Location Maps
2 - Sample Professional Services Agreement
c Ernesto Munoz, Public Services Director
Pritam Deshmukh, Associate Engineer
David Cho, Assistant Engineer
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Exhibit B
PROFESSIONAL SERVICES AGREEMENT
FOR
THIS AGREEMENT is made and entered into this day of , 2007
("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"),
and , a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant perform 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 incorporated herein by
reference 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
compensation shall in no case exceed Dollars ($ .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.
3.0. TIME OF PERFORMANCE
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.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of (X) year, ending on , 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.
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.
(d) Professional errors and omissions (`B&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. 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.
5.4. Non-limiti_g: 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.
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6.0. GENERAL PROVISIONS
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:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: Tel: 714 -754 -
Fax: Fax: 714-754-
Attn: Attn:
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 "C"
and incorporated herein by reference. Consultant's failure to conform to the requirements
Is
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 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
IM
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. Responsibility 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.
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.
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
Date:
Mayor of the City of Costa Mesa
CONSULTANT
Date:
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:
Date:
City Attorney
APPROVED AS TO INSURANCE:
Date:
Risk Management
APPROVED AS TO CONTENT:
Date:
Project Manager
EXHIBIT A
CITY'S REQUEST FOR PROPOSAL
9
EXHIBIT B
RESPONSE AND SCOPE OF SERVICES
(9
EXHIBIT C
FEE SCHEDULE
EXHIBIT D
PROJECT SCHEDULE
191
EXHIBIT E
CITY COUNCIL POLICY 100-5
L
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;
E
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;
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.
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.
EXHIBIT F
CERTIFICATES OF INSURANCE
(a
POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
I'IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
NS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POL CYl3%PS'tATION LIMITS
GENERAL LIABILITY 8/15/2009 8/15/2010 EACH OCCURRENCE $ 0001000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE anefire $1 O 0 O
CLAIMS MADE � OCCUR
__ MED EXP one $10 000
_. .... _ PERSONAL & ADV INJURY $ 000
GVCL AGGREGATE LIMIT APPLIES PER:
POLICY nX P of LUC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS f
C NON -OWNED AUTOS
GARAGE LIABILITY
7 ANY AUTO
EXCESS LIABILITY_
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
C IOTHER
Professional Liability
GENERAL AGGREGATE $
PRODUCTS -COMPIOPAGG $2.000.000
®
18/15/2009
1
8/15/2010
COMBINED SINGLE LIMIT
(Ea accident) $1,000,000
BODILY INJURY $
(Perpersan)
BODILY INJURY $
(Peracddent)
PROPERTY DAMAGE $
(Per accident)
AUTO ONLY - EA ACCIDENT S
OTHER THAN EA ACC S
AUTO ONLY: AGG S
EACH OCCURRENCE $
AGGREGATE $
S
S
9/1/2009
9/1/2010
:X
E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE - EA EMPLOYEE $1, 000, 0 0 0
E.L. DISEASE - POLICY LIMIT 31
$1,000,000 per claim
$2,000,000 annual aggr
3/25/2010
3/25/2011
DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Costa Mesa
77 Fair Dr.
Costa Mesa CA 92626
MAR 2 4 2010
(RISK MGMT.
,D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
2 THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
TO THE LEFT.
AUTHORIZED RFPREB
AC❑RD 255 (7197)� yfy�
RD COi2PORAT(aN 798
POLICY NUMBER: COMMERCIAL GENERAL UABIUTY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 11 85 Copyright. Insuranoe Servioes Offdce. Inc.. 1984 Page 1 of 1 O
POLICY NUMBER: _ COMMERCIAL GENERAL LIABILITY
ECG 24 514 05 00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY PROVISION - YOUR
OPERATIONS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Paragraph 4., Other Insurance of Conditions (Section IV) Is amended by the addition of the following:
If Insurance similar to this insurance Is held by a person or organization that Is:
a. An owner of real or personal property on which you are performing operations; or
b. A contractor on whose behalf you are performing operations,
this insurance is primary to that other Insurance, and that other Insurance shall not contribute to amounts payable
under this Insurance, for liability arising out of your ongoing operations performed for that person or organizatlon
under a written contract. However, this does not apply to any person or organization:
a. From whom you did not receive a specific written request that this Insurance be primary Insurance, or If you
did not receive that request prior to the date that your operations for that person or organization commenced;
or
b. For whom a certificate of insurance evidencing that request Is not on file with, or received by, us prior to sixty
days after the end of the policy period for this insurana3.
ECG 24 514 05 00 Copyright, Everest Reinsurance Company 2000
Includes copyrighted material of Insurance Services Office, Inc: used with its permission
Copyright, Insurance Services 0 ffice, Inc.,1997 Page 1 of 1
EXHIBIT B
CONSULTANT'S PROPOSAL
13 AndersonPenna Partners
City of Costa Mesa Design and Environmental Services for
Improvements on Bristol Street
_�}tn.�t. - (rs•�s r S(fRvi-Y, -" t.II CON] ItfION Ati4•1-SSME'1\1 i•, AtTERNAVVE.S ANALYSIS.
PRELIMINARY DESIGN & RESIDENT MEETINGS
100 - Preliminary Design Meeting
APP shall attend a preliminary design meeting with City staff to review the project scope and schedule. Design
criteria and technical project parameters will also be discussed.
110 — Research and Field Review
A thorough search of the available records will be
conducted to acquire relevant data to assist in the
design of the project. The information accumulated
will include as -built drawings, utility information,
and horizontal and vertical control data.
The Project Team will review the project in the field
and take photographs of potential problem areas or
items that need special attention, focusing on the
driveways and chokers. The photographs will be
filed in photo albums with a written description of
each picture. The albums serve as a constant
reference during design and are invaluable when
discussing issues at meetings. As a part of the field
review, all of the existing surface topographical
features per the survey data will be verified. Any
discrepancies will be noted and resolved with the surveyors.
120 - Ground Survey
Field survey work shall consist of the following subtasks:
Centerline Control
Huitt-Zollars will locate centerline
monumentation in the project area, calculate the
centerline alignment for each project, orient that
work to the Orange County Surveyor GPS State
Plane Coordinate System NAD83 2007.00 Epoch
for use as horizontal control, and will utilize the
Orange County Surveyor Vertical Control Ne
twork NAVD88 Datum for vertical control.
,:�:'y+ Sir(:. iii p,'i ;i ii;+.7�.'3 tofel:%iE�'%" r'!z.' _-)d.winq ±ii'
.:S 1' !0 ITIS
F!`F
j7c f
Design Topot�r'L%,�,"
Work includes cross-sections at 25 -foot intervals,
with shots at ±2 feet off of each side of the
existing median island stripe (proposed median curb location). Work also includes location of all visible utilities
within the median area.
Digital Orthophoto (optional)
Given the anticipated close coordination with the property owners on the Bristol Project, our recommendation
(based on previous experience) is to obtain aerial topographic mapping and a digital orthophoto. These materials
are more useful at public meetings and are more easily understood by lay people since their individual properties
are easier to see. Huitt-Zollars will prepare a color digital orthophoto and 40 -scale aerial topographic mapping of
ANDFRL ON PFNNA
X4.1
City of Costa Mesa Design and Environmental Services for
Improvements on Bristol Street -7
the project area. Work includes setting and control of aerial targets, flight, photography and compilation. We
recommend this for the Bristol Project.
130 - Utility Coordination
Information will be collected from all of the utility companies and added to the base map information. The City's
"Utility Coordination Procedures" will be followed. Coordination with the utilities will continue throughout the
design of the project.
140 — Base Map
APP shall prepare project base maps using the following procedure:
• Combine the survey information collected with the ESRI data to create a 40 -scale CAD base map for each
project.
• Add all pertinent information, including utility locations obtained under Task 130, to the base maps.
• Field review base map and modify as necessary.
150 — Traffic Analysis
Bristol Street, especially the segment between
Baker Street and Randolph Avenue, is a challenging
segment from a traffic perspective. The through
traffic is heavy with 22,000 daily volumes. There
are about 20 driveways along both sides of the
roadway. All driveways currently have no
restrictions for left -turn in and out movements,
which increase the chances for potential accidents.
Both the Lab Anti Mall and the Camp Mall are high
traffic generators, which make all movements even
more complicated. Pedestrian crossing is another
issue. Jaywalking has been frequently observed
within the segments. Although we will study this
more during the actual project design, based on our
preliminary investigation, we propose two
preliminary alternatives:
1. Introduce a new signal for the main driveway for the Lab and the Camp Malls.
The signal will cover four offset driveways and needs special phasing and timing. We believe it is feasible,
based on our experience with a similar geometric situation. Because the intersection is wide, "Keep
Clear" pavement markings and signage are necessary to be installed between the two crosswalks. All
other driveways will be right -in and right -out -only, to avoid conflict. A raised median will be constructed
to physically restrict illegal movements. The left -turn pockets at the two ends of the signalized
intersections will be extended to allow more U-turn traffic. Signal timing and phasing will be evaluated to
achieve coordination and leave enough room for driveway movements. See Alternative 1 Exhibit in
Appendix.
2. No signals are to be installed, but the median refuge will be opened up to allow left -turn movements for
the main driveway for the Lab and the Camp Malls.
Instead of installing a signal, a median refuge will be constructed to allow left -turn -in movements for the
LAB as well as the CAMP. The length of the left -turn pocket will be evaluated based on the traffic analysis.
All other driveways will be right -in and out only. The left -turn pockets at the two ends of the signalized
intersections will be extended to allow more U-turn traffic. See Alternative 2 Exhibit in Appendix.
if \ 21 Page
ANDERSON.PFNNA
City of Costa Mesa Design and Environmental Services for
Improvements on Bristol Street
Traffic Data Collection
KOA will conduct 24 hours tube counts for the segment between Bake Street and Randolph Avenue. The 24-hour
volume plot will be used to identify roadway peak hours and determine the turning movement count time periods.
It is our understanding that evening and night hours may be heavier than AM and PM peak hours. If that is the
case, we will conduct intersection and driveway turning movement counts for AM, PM, and night hours.
Traffic Analysis
KOA will conduct operational analysis using SYNCHRo in order to determine the queuing conditions and adequate
storage lengths. KOA will review and adjust the intersection signal timing plan with the proposed geometric
improvement. Nearby intersections are included as part of the study to ensure the signal coordination and
optimization, as well as determine the upstream and downstream traffic operation impact. Based on the analysis,
KOA will verify the lane requirements and left -turn storage needs for the proposed traffic signal modification to
determine whether signal phasing and timing should be modified. An adequate geometric alignment of length,
taper, and width of any additional lanes for the intersection improvement will be determined in the study.
Signal timing synchronization and coordination will be considered while conducting the SYNCHRo analysis to
optimize the signal performance along the corridor.
KOA will work closely with AndersonPenna to prepare several concept plans and provide drawings.
Traffic Technical Memorandum Preparation and Submittal
A traffic study tech memo will be submitted as a separate document for the City's review. Any proper or
reasonable revisions will be incorporated into the traffic study in order to be fully responsive to the Scope of
Services. Reasonable revisions include any corrections to the report within the general scope of work, but exclude
any traffic data collection or analysis at any locations except as specified in our proposal.
160 — Preliminary Plans
From the median layout developed for each project, a Conceptual Landscape Plan will be generated for the
medians including plant material photos and color rendered drawings to include a plan and (2) isometrics for
presentation and review by the public and the City. A typical median planting layout will be shown at 1"=20' scale,
which is indicative of the entire median project.
Preliminary median improvement plans (20 -scale)
will be prepared using the base sheets. With minor
exceptions on Bristol to accommodate left turn
pockets at a few driveways, the raised median
alignment is assumed to be the same as the existing
striped median, including turn pocket lengths.
During the preliminary design stage, the median
locations will be finalized, including the locations of
all median openings. No profile work is proposed at
the preliminary stage (Phase 1) of the project.
Construction cost estimates will also be prepared.
�— \ 31 Page
ANI)FRShN• R#iNNA
City of Costa Mesa Design and Environmental Services for
Improvements on Bristol Street
170 — Community Outreach
The APP Team has assumed attendance at up to 1
three neighborhood meetings and one City -$Ao 00 +rrz:: 7 lUtNiian
Council presentation for Bristol, including ���.� ,,, iir;Tf : �_; ;:; L o C1,10flenge: it Will be even
preparation of large-sized exhibits and color more so forRrist[if for ti7:' reasons noted. APl�'s Projectrenderings.
iYi'rtrr(mer 7n. -f rraf-.;r 1-naineer recently illy
180 - Meetings ',":, ,ta „' rrs+:nsi�s Wil+iiriy on a wajul
As requested in the RFP, we have assumed two ; .::�:,rlicrri prq)e t on r iresiont•
meetings with the City per month, with many of
the meetings consisting of a telephone update on
the current and future status of the project,
including discussion of any specific challenges
and schedule updates.
• , 11 011 IRt 1NNf i't+.i i �Li ST1.1E�Y
200 — Preliminary Environmental Study (PES)
ECORP Consulting will prepare the PES form for the project. The PES form will be used to consult with
Caltrans/FHWA to determine the appropriate NEPA document for the project (in this case, a CE). The Local
Assistance Procedures Manual requires the following steps for this process:
Develop Complete Project Description and Detailed Map
ECORP Consulting will prepare a description of the project including the location of the project areas (including a
project map); a brief description of the environmental setting; an identification of environmental effects using the
PES.
Review Relevant Literature, Maps, and Inventories
ECORP will review existing environmental and planning information, such as the City's General Plan and General
Plan EIR, soil surveys, and the California Natural Diversity Database (CNDDB) and California Native Plant Society
Electronic Inventory (CNPSEI). We have also assumed that technical studies prepared for this project by
AndersonPenna (such as the traffic analysis, utility easement information, hydrologic/hydraulic report) will be
provided to us for use in the PES, as applicable.
Request Technical Information from Resource and Regulatory Agencies
This task will be completed as described above.
Verify Research Findings in the Field (Site Visit)
A site visit will be conducted by an Environmental Analyst.
Complete PES Form
ECORP Consulting will complete the PES Form and provide an electronic copy (PDF) to AndersonPenna for internal
review. We will revise the PES based on comments from AndersonPenna. ECORP will also assist with the
preparation of Caltrans' Field Review Form (Exhibit 7-13). We have assumed that the engineering, cost estimation,
funding, and other non -environmental portions of this form will be provided by AndersonPenna and/or the City.
210 — CEQA/NEPA Categorical Exemption/Categorical Exclusion
CEClA Categorical Exemption
On an initial review of the project, it appears that the project is likely exempt from CEQA under Class 1: minor
alteration of existing facilities. ECORP will prepare the CEQA Categorical Exemption form and file it at the County
Clerk and the State Clearinghouse. If a determination is made that the project will require a different CEQA
/f \
ANDERSON VENNA
4 1 P a g e
@
City of Costa Mesa Design and Environmental Services for
Improvements on Bristol Street
document (i.e., an Initial Study/Mitigated Negative Declaration or EIR), a separate scope of work and cost estimate
will be prepared at that time.
NEPA Categorical Exclusion.
ECORP will prepare a Draft Categorical Exclusion
checklist form in the most recent Caltrans format
included in Caltrans' Standard Environmental
Reference, Chapter 30 — Categorical Exclusions.
ECORP will also review 23 CFR 771.117 and
SAFETEA-LU guidelines, the Moving Ahead for
Progress in the 21st Century Act (MAP -21) (P.L. 112-
141), and the Federal Highway Safety Improvement
Program (HSI P) while preparing the CE. The Draft CE
Checklist will be provided to Anderson Penna/City
for review. ECORP will make any revisions to the CE
Checklist and provide a Revised Draft CE Checklist
to Anderson Penna/City for submittal to Caltrans.
After Caltrans review, ECORP will revise the
document and provide the Final document to
Anderson Penna/City for submittal to Caltrans. This scope of work and cost estimate assumes one round of
comments and responses for each version of the document (Draft and Revised Draft) and that no additional
analysis or technical studies are required to respond to comments.
220 — Technical Studies (Air Quality Technical Memorandum)
Evaluate Construction Impacts
Impacts associated with construction associated with the project will be evaluated. SRA assumes that the City will
provide information on the proposed schedule and phasing of construction activities. Emission estimates using the
CalEEMod Model will be prepared. Construction impacts will be evaluated based on the methodologies
recommended by the SCAQMD, including an
evaluation of the construction projects relative to
the SCAQMD's Localized Significance Thresholds T .
C:qy i;>tiye, '' uge .3 of Me i-� tia fists t e i-E'_gWrernent of an
for the City of Costa Mesa. If the three projects -
are to be constructed simultaneously, the /1eilnl leud (41-31) oijdyAfter con,aftrng with
analysis will include a cumulative assessment off v. _J ;;;
the potential for the three projects to result in
., j'i" �i`:.�_�'fi•,�1t�;,� ;s/:,.;;:;'. �.;,fit
cumulative impacts.
Evaluate Operational Impacts
It is anticipated that operational impacts will be
minor. We anticipate that a traffic analysis will
be prepared for the projects; however, we
anticipate that installation of the median and
landscaping will not affect traffic levels of service.
We are proposing to address operational impacts
on a qualitative basis.
Ir
�f
t
-.. 'P!"it.?ist!:'i ti,;.ii�` jTb ;r..l{' x*'r`.' y.%i';'fiC%::�61.
Global Climate Change
An evaluation of impacts to global climate change due to emissions of greenhouse gases from the construction and
operation of the project will be included. The analyses for each project will be conducted in accordance with the
SCAQMD's current methodologies and significance thresholds recommended by the SCAQMD. It is anticipated
that the impacts will be below the SCAQMD's significance thresholds.
51 Page
ANDIRAON 1`VN'NA T�^�
l
City of Costa Mesa Design and Environmental Services for
Improvements on Bristol Street
Preparation of Air Quality/Global Climate Change Technical Memorandum
A separate Air Quality/Global Climate Change Technical Memorandum for each of the median projects that
summarizes the findings of the analyses will be prepared. The Technical Memoranda will be designed as an
attachment to the environmental documents.
The APP Team will meet with the City at a Project Initiation/Kick-off Meeting to discuss the project and receive all
available project information. This information will include, but will not be limited to, any existing studies and
plans. These documents will be reviewed to determine known environmental constraints/issues and to determine
if technical studies already prepared for the project can be used.
The APP Team will also conduct database searches of the California Natural Diversity Database (CNDDB) and
California Native Plant Society Electronic Inventory (CNPSEI) to determine the potential for sensitive species to
occur in the project area.
A cultural resources records search will be
conducted for the project area with the South
Central Coastal Information Center located at
California State University, Fullerton. The
Information Center is the official repository for all
archaeological and historical resources survey and
evaluation reports and site records for Orange
County and is part of the California Historical
Resources Information System. The records search
will identify previous surveys that have been
conducted within a 1.0 -mile radius of the project
area and will determine if any cultural resources
have been previously recorded in the vicinity of the
project area. It will also identify resources listed on
or determined eligible for listing on the National
Register of Historic Places (NRHP) and the California
Register of Historical Resources (CRHR). In addition, a search of the Sacred Lands File will be requested from the
Native American Heritage Commission (NAHC) in Sacramento to identify any sensitive or sacred Native American
resources located within or near the project area.
A paleontologic records and literature search will also be conducted with the Vertebrate Paleontology Department
of the Los Angeles County Museum of Natural History. The search will identify any fossil localities that have been
recorded in the vicinity of the project area and will assess the potential of the project area to contain buried
paleontologic resources based on a review of geologic maps of the area.
A reconnaissance -level field visit will be conducted by an archaeologist, biologist, and environmental analyst to
verify that the information in the database searches is accurate for the project.
The biological and cultural information will be used to complete the PES and CEs.
61 Page
ANDEMON I'LNNA
City of Costa Mesa Design and Environmental Services for
Improvements on Bristol Street
..I,11N'S -"�
300 — Utility Coordination
As a continuation of the utility coordination effort initiated in Phase 1, utility coordination will be ongoing
throughout the duration of this project and will consist of the following tasks:
• Obtain plans showing location and size
of all utility lines and appurtenances
within the project area.
• Plot utility lines on Base Map.
• Cross check plotted locations above with
field review information to insure that
existing lines are shown in the proper
location.
• Coordinate with affected utility
companies regarding conflicts,
relocations and improvements. Two (2)
full sets of plans will be submitted for
comment to each utility agency
concurrent with APP's key submittals to
.aY •�.. .
the City for plan check.
310 — Hydrology/Hydraulic Report
Since we will not be impacting the outside curbs and will be reducing the amount of impervious area as a result of
the new medians, we are not proposing to prepare any hydrologic or hydraulic calculations or a
hydrology/hydraulic report.
315 — Water Pollution Control Plan
APP Engineering will prepare a Water Pollution Control Plan (WPCP) that meets the latest requirements of the City
of Costa Mesa Local Implementation Plan (LIP), the Regional Water Quality Control Board Drainage Area
Management Plan (DAMP) and provide Best Management Practices (BMP's) to minimize pollutants entering the
storm drain system during and after the construction process. APP will clearly identify appropriate erosion and
sediment controls, waste management practices and hazardous materials handling and storage in order to
eliminate unpermitted discharges into the storm drain system. Our plan will be prepared in the Caltrans format as
it will be a required component of the PS&E package submittal.
Key contents include:
• Water Pollution Control Drawings and details identifying appropriate BMP's to install, where to install and
how to install.
• Monitoring frequency, maintenance frequency and repair logs for BMP's identified on the Water Pollution
Control Drawings.
• Notice of Discharge Forms
• Discharge Reporting Log Forms
• Trained Contractor Personnel Log Forms
%�- N 71 Page
.1Ni111ltie1N NENNA
City of Costa Mesa Design and Environmental Services for
Improvements on Bristol Street
320 — Median Plans
The final median improvements will be based on
providing the alignment as recommended in Phase
1. Since this is a median project and not a
pavement rehabilitation project, we are proposing
to only show the two proposed top of median curb
profiles. The plan view will focus on the median
area, with no proposed construction or
rehabilitation proposed other than the medians.
The plans and typical sections will also reflect the
nuances involved with the pavement crossfall at left
turn pockets. Specifically for median projects at left
turn pockets, since the top of median curb
elevations will not be the same, special attention
will be provided to make sure that the narrow
portion of the median will not be too steep. If it is,
the design will be revised to vary the curb height on the low side to minimize the elevation difference.
Although we will be crossing State right-of-way, the City has indicated that permits will not be necessary.
Therefore we have not included any effort for Caltrans Encroachment Permits or an Orange County Flood Control
Facility Permit.
325 — Signing/Striping Plans
Striping plans will be prepared for the project street segment to accommodate raised landscaped median
improvements. Plans will be prepared at a scale of 1"=40' and will show new median improvements and left -turn
pocket striping limits. Median noses will have new signing, as required by the City of Costa Mesa, which typically
directs traffic to the right side, will show directional traffic flow, and will have a reflector type sign facing the
opposite leg. Other new signing such as "ONE-WAY" control would be placed opposite major driveways where
traffic must turn right. Installation of advance Type G (Guide) street name signs would be installed as directed by
the City.
In general, all striping plans would contain locations of existing driveways, street light poles, signs, and traffic signal
detectors. Traffic signal detectors that are damaged during median construction would be called out for
replacement on the striping plans. Specific notes and details would be provided to clearly define loop detector
replacement as -needed. All proposed striping and signing design would follow CA MUTCD guidelines and City
standards. Plans would contain general notes and
construction notes in a format preferred by the City.
330 — Traffic Control Plans
Traffic control plans will be prepared at a scale of
1"=40' for raised median construction and
landscaping for the entire project limit. Median
construction normally requires the closure of one
lane on each side of the work area. Outside curb-
side lanes would remain open for traffic flow and
access to driveways. Left -turn pockets would be
made available where they currently exist by using a
portion of the closed through number one lane for
vehicle queuing. Lane drops would occur upstream
in advance of the project limits, thereby moving
traffic flow over one lane prior to entering an
intersection. Cross -streets will have signing and
81 Page
ANDERSON PUNT ]A
City of Costa Mesa Design and Environmental Services for
Improvements on Bristol Street
would be examined for the need to close a curbside approach lane for entering the work area where there may be
conflict with median work.
The plans would be based on CA MUTCD guidelines and shall contain all notes and details necessary to clearly
define the intended traffic control layout. Construction work and equipment area would be defined using post
type delineation with C30 (CA) ("LANE CLOSED") signs mounted on barricades. Lane drops taper transition lengths
would be based on posted approach speeds with a flashing arrow board in place for each lane to be closed.
Advance signage W20-1 ("ROAD WORK AHEAD") and C20LT ("LEFT LANE CLOSED AHEAD") are to be properly
spaced prior to entering the lane closure area. Other construction area signage and use of delineators and
barricades would be employed as required to move traffic through the work limits as safely as possible, based on
the noted guidelines.
335 — Landscape/Irrigation Plans
A Preliminary Landscape Plan will be prepared for the proposed median islands and parkway landscaping along the
project limits. The plan will depict proposed trees, shrubs, groundcover and irrigation points of connection. APP's
landscape architect will provide a landscape theme that is compatible with City criteria and the already established
planting in the vicinity of the proposed project.
In conjunction with the roadway and traffic engineers, final PS&E will be developed for the landscape and irrigation
improvements. Plants will be delineated using distinct symbols. Irrigation plans will be per City standards and will
include size and type of heads, valves, sleeving (where required) and automatic controllers. Plans and details will
also be developed for the landscaping that is impacted by the new sidewalk construction.
340 — Cross sections
As described in the RFP, cross sections will be
prepared at 50 foot intervals. However, since we Key I.ssuP: Since we are not rehabilitating the street, any
are not changing roadway crossfall or widening cross section dcrtrr extendinY to the outside cub will not
the street, we are not proposing to analyze
superelevation, design speeds, effects to private he'�e r'et'^rl sirr� c� wer are tlr.ri Changing the crnsti fall of the,
property, etc. Additionally, since we will not existing through lanQs,
changing the crossfall on the though travel lanes,
we are proposing that the cross sections only
cover the area from just outside of the median curb on one side to just outside of the median curb on the other
side. The cross sections are assumed to be a part of the plan set.
350 — Specifications and Estimates
Plans and cost estimates will be prepared and submitted to the City for review at preliminary and final engineering
levels. Based on feedback from the review and continual input from the City staff, final construction plans will be
prepared.
Specifications will be prepared in conformance with City of Costa Mesa format and in conformance with State and
Federal guidelines.
9l Page
PENNA (COR
City of Costa Mesa Design and Environmental Services for
Improvements on Bristol Street
We envision the following plan sets:
Description # Sheets
Title Sheet 1
Typical Sections
Roadway Plans and Profile
Landscape/Irrigation
Striping Plans
Traffic Control Plans
Cross Sections 4
Total Sheets 27
360 — Resident Engineer Files
Two resident engineer files will be provided to the City, containing final construction quantities, cost estimates
with backup calculations, hydrology/hydraulic study, environmental study, survey data, and data required by
Caltrans.
370 — Construction Support
This task shall include provision of bid addenda and/or plan clarifications, as well as attendance at the project
preconstruction meeting. APP shall also be available to City staff during the construction period to answer
questions and provide clarification to plan and specification issues, as needed.
380 — Meetings / Project Management / QA / QC
As requested in the RFP, we have assumed two meetings with the City per month, with many of the meetings
consisting of telephone calls as described in Task 180.
The Project Management task is directed at the organization, planning and control of the project team. Activities
include scheduling and monitoring of the project team, cost control and an active quality control program.
Quality Control will be an ongoing task throughout the duration of the project. In addition to the Quality Control
by the Project Manager, a Quality Control engineer that is not involved in the project will review the plans. The QC
engineer will do a technical evaluation of the plans, cost estimate and the project specifications. The review
comments are transmitted to the Project Manager during a subsequent meeting.
APP will prepare all federal forms including the Request for Authorization to proceed with Construction (E-76),
PS&E Certification, and the PS&E package to Caltrans Local Programs.
101 Page
ANDFRS(7N I`-- 05
EXHIBIT C
FEE SCHEDULE
06
14 AndersonPenna Partners
CITY OF COSTA MESA
DESIGN & ENVIRONMENTAL SERVICES FOR IMPROVEMENTS ON BRISTOL STREET (PROJECT C)
FEE SCHEDULE
viarzou io:ae am
05T
_
PM
$180
APP
PE
$120
CAD
$80
ODC
APP
Subtotal
Subconsultants
TOTAL
TASK
HUM ECORP KOA Cornerstone
Zollars
_j
Phase 1- Exist Plan Review, Survey, 11m D sign
100 Prelim Design Meeting
2
2
$560
$5fi0
110 Research & Field Review
4
10
$1,840
$1,840
120 Ground Survey
2
2
$560
$12,264
$12,824
130 Utility Coordination
2
6
$720
$720
140 Base Map
4
28
$2.720
$2,720
150 Traffic Analysis
$0
$12,569
$12,569
160 Preliminary Plans
6
12
26
$100
$4,580
$3,108
$4,356
$12,044
170 Community Outreach
8
8
16
$292
$3,812
$525
$1,800
$6,137
180 Meetings
4
4
$1,120
$1,120
Subtotal Manhours Task 1
26
44
76
Subtotal Cost Task l
$4,160
$5,280
$6,080
$392
$15,912
$12,264 $0
$16,202
$6,156
$50,534
Phase 2 - Environmental Stud
200 Preliminary Environmental Stud
2
4
$800
$5,200
$6,000
210 CEQA/NEPA Cat Ex/Cat Excl
$0
$1,500
$1,500
220 Technical Studies
0
$3,500
-.$3,500
Subtotal Manhours Task 2
2
4
0
Subtotal Cost Task 2
$320
$480
$0
$0
$800
$0 $10,200
$0
$0
$11.0.00
Phase 3 - PS&E
300 Utigy Coordination
2
2
$400
$400
310 Hydrology/Hydraulic Re ort
2
$240
$240
315 Water Pollution Control Plan
16
12
$2,880
320 Median Plans
10
22
40
$600
$8,040
$8,040
325 S!gning/Stripi!IQ Plans
2
$320
$3,549
$3,869
330 Traffic Control Plans
2
$320
$4,599
$4,919
335 Landscape/Irrigation Plans
4
$480
$17,073
$17,553
340 Cross Sections
1
4
10
$1,440
$1,440
350 Specs & Estimate
6
6
$1,680
$1,680
360 Resident Engineer Files
2
$240
$240
370 Construction Support
4
4
4
$1,440
1
$1440
360 Meetings/PM/OA/QC
16 1
4
1 $200
$3.240 1
$525
$3,765
_ i
..
...-- ....
Subtotal Manhours Task 3 41 1 66 68
Subtotal Cost Task 3
$6,560
I
$7.920
$5,440
$800
$20,720
$0 $0
$8,673
$17,073
$46,466
Task 4 - Caltrans Construction Authorization Forms
400 E-76 Preparation
j
10
$100
$1,300
$1,300
Subtotal Manhours Task 4
0
10
0
Subtotal Cost Task
$0
$1200
$0
$100
$1,300
$0 $0
$0
$0
$1,300
MANHOUR TOTALS
FEE TOTALS
69
$11,040
124
$14,880
144
$11,520
$1,292
$38,732
$12,264 $10,200 $24,875
$23,229
$109,300
viarzou io:ae am
05T
CITY OF COSTA MESA
DESIGN & ENVIRONMENTAL SERVICES FOR IMPROVEMENTS ON BRISTOL STREET (PROJECT C)
FEE SCHEDULE
OPTIONAL TASKS
TASK Pj�($120)
166 0$80
APP
E CAD
ODC
APP
Subtotal
Subconsultants
Hunt TOTAL KOA Cornerstone TOTAL
Zollars
$560
$560
ADL Stud 2
$19,454 $20,014
DigitalOrthophoto 2
$8,436 $8,996
111=014m:a ra��
5
EXHIBIT D
PROJECT SCHEDULE
15 AndersonPenna Partners -
City of Costa Mesa Design and Environmental Services for Improvements on Bristol St
ID_
1
2
Task Name
Project Management
Notice to Proceed
Kick off Meeting
Project Meetings / Coordination
Phase 1
Survey
Base Map
Preliminary Plans
Community Outreach
Phase 2
PES
Review
NEPA/CEQA C.E.
Review
Final NEPA/CEQA C.E.
Phase 3
90% PS&E
Review
100% PS&E
Review
Submit Final PS&E
Phase 4
E-76 Approval
Duration
35 wks
0 days
0 days
32 wks
15 wks
2 wks
2 wks
13 wks
6 wks
16 wks
4 wks
4 wks
2 wks
4 wks
2 wks
18 wks
9 wks
3 wks
3 wks
2 wks
1 wk
4 wks
4 wks
3
!4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
I Project: Median Design Schedule
Date: Mon 1/13/14
3
l
..,.ori.
Task External Milestone Manual Summary Rollup
Split ................., Inactive Task Manual Summary
Milestone ♦ Inactive Milestone Start -only C
Summary Inactive Summary Finish -only
Project Summary Manual Task E 7 Deadline
External Tasks Duration -only Progress
Page 1
P
ar
3
l
..,.ori.
Task External Milestone Manual Summary Rollup
Split ................., Inactive Task Manual Summary
Milestone ♦ Inactive Milestone Start -only C
Summary Inactive Summary Finish -only
Project Summary Manual Task E 7 Deadline
External Tasks Duration -only Progress
Page 1
EXHIBIT E
CERTIFICATES OF INSURANCE
16 AndersonPenna Partners 9
Client#: 12965
ANDERPART
ACOR®TM CERTIFICATE OF LIABILITY INSURANCEDATE(2014)
PRODUCER
Dealey, Renton & Associates
P. O. Box 10550
Santa Ana, CA 92711-0550
714 427-6810
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED
AndersonPenna Partners, Inc.
20280 Acacia Street, #100
Newport Beach, CA 92660
INSURER A: Travelers Indemnity Co. of Conn 25682
INSURER B: Travelers Property Casualty Co 25674
INSURER C: Catlin Specialty Ins. Co.
INSURER D:
INSURER E:
f_AVFRA(�FS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
kSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
ATE IMMIDDIYY
POLICY EXPIRATION
TE M/
LIMITS _
GENERAL LIABILITY
08/01/13
08/01/14
EACH OCCURRENCE $1,000,000
A
RIzenlw>�nezx
68030521_77A
DAMAGE TO RENTED $1.000,000
AUTHORIZED REPRESENTATIVE
r•..��� nee.. f A 109991%j(0A;.tiu1�'ha)P
]( COMMERCIAL GENERAL LIABILITY
General Liab.
CLAIMS MADE .51 OCCUR
excludes claims
MED EXP Any one person) $10,000
PERSONAL & ADV INJURY $1,000,000
arising out of
GENERAL AGGREGATE s2,000,000
the performance
GEN'L AGGREGATE LIMIT APPLIES PER:
of professional
PRODUCTS - COMP/OP AGG s2,000,000
PROPOLICY YEC LOC
_services
BA30531_556
B
AUTOMOBILE LIABILITY
X ANY AUTO
08/01113
08/01/14
COMBINED SINGLE LIMIT
(Ea accident) $1,000,000
BODILY INJURY
(Per person) $
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident) $
X HIRED AUTOS
X NON -OWNED AUTOS
PROPERTY DAMAGE $
(Per accident)
ri
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
i
I
AUTO ONLY: AGG $
B
EXCESS/UMBRELLA LIABILITY
CUP6874Y728
08/01/13
08/01/14
EACH OCCURRENCE $110001000
AGGREGATE $110001000
7 OCCUR CLAIMS MADE
Umbrella Form
$
Excludes Prof9
$
DEDUCTIBLE
Liability
$
RETENTION $
B
WORKERS COMPENSATION AND
UB3708T659
06/01/13
06/01/14
�( WCSTATU- OTH-
E.L. EACH ACCIDENT $1,000,000
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
E.L. DISEASE - EA EMPLOYEEJ $1,000,000
E.L. DISEASE -POLICY LIMIT 1 $1,000,000
If yes, describe under
SPECIAL PROVISIONS below
C
OTHER Professional
AED6770380914
08/01/13
08/01/14
$1,000,000 per claim
Liability
$2,000,000 annl aggr.
Retro: 8/1/2005
$35,000 De_ d. per claim
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Re: All Operations as pertains to named insured.
CERTIFICATE HOLDER
'
I✓ANGtLLAIIVN -Iu ua s Tor Non-ra tnelll
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Costa Mesa
DATE THEREOF, THE ISSUING INSURER WILL JCA MAIL 10_ DAYS WRITTEN
Att:Pritam Deshmukh Associate Ci
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Transportation Services
>ocX
Division,
RIzenlw>�nezx
77 Fair Drive
AUTHORIZED REPRESENTATIVE
r•..��� nee.. f A 109991%j(0A;.tiu1�'ha)P
ernon ne rinn4rna% . _i . -ftewnn&Mennnn�
Oil n ACORD CORPORA
EXHIBIT F
COUNCIL POLICY 100-5
17 AndersonPenna Partners 0
SUBJECT
DRUG-FREE WORKPLACE
BACKGROUND
POLICY EFFECTIVE
NUMBER DATE
100-5 8-8-89
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;
in
PAGE
1 of 3
AndersonPenna Partners 00
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;
19 AndersonPenna Partners 05
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.
20 AndersonPenna Partners