HomeMy WebLinkAbout12 - CC-7 - Attachment 1 - 2/4/2014ATTACHMENT 1
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
ONWARD ENGINEERING
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
Onward Engineering, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to 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 Cid. 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 D
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. Confidentiality. 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 Nineteen Thousand, Six
Hundred Seventy Dollars ($ 119,670.00).
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 ��� •y
2 ONWARD ENGINEERING, INC.
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 ONWARD ENGINEERING, INC.
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,
ONWARD ENGINEERING, INC. ({�
4 --
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. N_on-li_mitinn . 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
otherwise expressly provided in this Agreement.
�'�1
5 ONWARD ENGINEERING, INC. l
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
Onward Engineering
300 S. Harbor Blvd, Suite 814
Anaheim, CA 92805
Tel: (714) 533-3050
Fax: (714) 948-8978
Attn: Majdi Ataya, President
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. 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
"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. 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 }
a.
6 ONWARD ENGINEERING, INC.
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 I� 1
7 ONWARD ENGINEERING, INC.
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 lr-
8 ONWARD ENGINEERING, INC. 1�
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 ONWARD ENGINEERING, INC.
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
Date.
Mayor Jim Righeimer
CONSULTANT
Date: I c,12 -v114
Signatur
Maydi Araya, IPreSidernt
Name and Title
90 010t"t23
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 UA
10 ONWARD ENGINEERING, INC.
APPROVED AS TO INSURANCE:
Risk Management
APPROVED AS TO CONTENT:
//a f
Praj/ ct Manager
Date:
Date: //'q
11 ONWARD ENGINEERING, INC
EXHIBIT A
REQUEST FOR PROPOSALS
12 ONWARD ENGINEERING. INC. (��
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 f i
PHONE: (714) 754-5343 • TDD: (714) 754-5244 • www.009ta11 0SAGa,90V }
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, 6, 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 Desi rr &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:
I . 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 (OCBM).
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.
z I6
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
:;n3etings 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.
f, `:f71/-,Environmentaf_5tud
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 NI - 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.
r
3 � l.
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
dotour 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
function..il on at least rine 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,_
4 L��)
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 he submitted with your proposal
1, Project Undf;,rsta Odinm - providc 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 set -vices. 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, Q,
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 Chances
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 Reiect all Proposals
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, 4'h 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,
r
I
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
.Ll
I _ :. �� �� '^ "l.��._�'. Gr. �.a. _ F y �� � �� � � f.f � �R I.. � • ?,' - Ire n,
Pf
4A
10,
44
iv
,per• �""
IF1p
�� � ' ► -.sir , .:• .. �� �... •;' 1 .�
,41411' III Pa
-; ,
Exhibit B
,!,�W fnr n.vf- tr"W fin
PROFESSIONAL SERVICES AGREEMENT
FOR
THIS AGF-EFV1ENT is made and entered into this day of 2007
�.iic>�.�ivc;ase'''), by and between the C1'i' OF'0STf 1141,S/, a rrunicipa! corporation ("City"),
arlr' , L� C�dicrrdacorporation ("Consultant").
IT14E,�S S Ei 1"H
A. WHEREAS, City proposes to have Consultant perform
below; and
as described herein
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
Calirornra Goverrsment Codv, Ser;tions 1090-1092, in the subject matter of this Agreement.
.
TIC )'N, THERE ORF, o a; -d in consideration of �Jhe nautaal covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. S- ERVIC ES, PRGVIDED 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
Uq
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.
l.4, Nora -discrimination, In nerforming, this Agreement, Consultant shall not engage in, nor
pern-n' ifis 9genis to engage in, discritnination in employment of persons because of their race,
religior:, (01ol'., wltkor=d o€`;gi€1, 3.ra�:€'�.t�y, agE�, physical handicap., medical condition, marital status,
sOXu'' 0,.orientation, c.xcept as lMrmitted pursuant to Section 12940 of the Government
Cock. Violation of this provision n,3ay result in the inr)position 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.
2,1, Com ponsation. Consultant shall be paid in accordance with the fee schedule set forth
in Exhibit "C," attached hereto and inade 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.
C_W
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.
3.1. 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 Citi, as s:-_1 forth in Fxhibit "D.," attached lh reto and incorporalcd herein by this reference. The
rnpy 1)c Eollend(-.d !-"�y w(au'd Of 11)(' JXW i(:S. Pallure to commence work in
-I li"Iny be or -,'sends for termination of this
Agreement.
3.2. "ec r party shall be responsible for delays or lack of performance
Excusable Delays. Neitl
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
Agrceneent, with or without cause, at any time, by providing written notice to Consultant. The
termir�a8i�71'� of this shall br de.. med effective upon receipt of the notice of termination. In
thL eve11t of such termination, Consultant sliall 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.
In
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.
�klk- no'ide l;.sl}�,iii[, rof,.),• rcd �� �?�;��l,�s,., ,i:cd, and Ston -owned vehicles.with a
limit ,f not then OnP 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 ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined single
limits, per occurrence and aggregate. Consultant shall obtain and maintain,
said E&O liability insurance during the life of this Agreement and for three
years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain or
be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and appointed
boards, officers, agents, and employees are additional insureds with respect to
this subject project and contract with City,"
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to City."
(c) Other insurance: "Any other insurance maintained by the City of Costa Mesa
shall be excess and not contributing with the insurance provided by this policy."
5.3. 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 -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.
<.2.. Represciitatives. The City Manager or his designee shall be the representative of City
c
ior par,osc� JT (his Ag►•eerle►?1 and may issue all consents, approvals, directives and agreements on
bchalf of 11),-, Ci':v. cailyd for by this ,gree►Hent, excepi as otherwise expressly provided in this
Agreen-tent.
mor►s►.►lta►►t shall desigoaic 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 spall be addressed as set forth below. Such cornrnunication shall be deemed served or
dr livered: a) nt the time of delivery if such comn-iunication is sent by personal delivery; b) at the time
o;`1rai7smissior► if such con—'11-111nic,atio►i 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. Drub; -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
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. Covk;r!iing I_aw: This Agorccnlent shall be governed by aM construed under the laws
of f1c S;a0,1iror,1i,€ v,,iIh01t+ f ivi€;g -1ffc% to Thai body of laws p�rtaifiing to conflict of laws. In
clic .�."volt t k �ir. -Diio[i f( thi),. Aoreein(,`nt, the parties hereto agree that the
bs c'ollf Of "s.� ipCm'l pli id,ictior located in Orange COu11ty,
California.
6.08. Assi imietit: 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 IIarmless: 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 Coiisultant, its clr,iployees, 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
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,
an"I of whi".;l) COnSlllta€it informs City of such trade secret. The City will endeavor to maintain as
?I� �cicnt4�El :ill ir'`'7'rn"I;1t+olz nhfailed by it 0 at designated as Ei trade secret. The City shall not, ill
ar rel. i11t', of aI'Ey h`,,0,- SCCIC't ilIC Llding, without limitation,
_ !i °f f_�15C'l:Fe <t'4 i`_. �:�t' rlie'd tip ��C f E:L1_i�. d � �� %m, oi- b}, order of the COUrt.
6.1 1 Rel2onsibility for Fxror. Consultant shall be responsible for its work and results
ulide.i 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
Ac'reernent incorporates by reference an}, provision of the RF" or the Response, such provision shall
be diccrni-d a pail of this Agrecmcnt. N`cvertlieless, if there is any conflict among the terms and
conditions cif this /agreement and those of any such provision or provisions so incorporated by
reference, t1his J' grcefnerit shall govern over both the Response and the RFP and the Response shall
govern over the RFP.
6.W 6. 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
coillpliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of
those 6 -his to require sucl-i performance or compliancc. No waiver of any provision of this
'A ivemcot fIidl 1),, cffcctive unlcss ih vIritin', a,Ecl sig,cd by a c"uly authorized representative of the
4.y ag:Ainsi ''liofil of'� v?/".E vc- is sough(. Vie tat'x�iny right or remedy in respect
-1 f' rel ho: ',,.6\wr of i'. -%f Jr r(.r,tcd)% inrespect to aY1!' o(hei"
oc(:iunCncl' Of" ���%�wni., nor shall any waives" constitute a continuing waiver.
6.'2... ,, verability: if any provision of this Agreenicnt is determined by a court of competent
jurisdiction to be unenforceable in any circunistance, such determination shall not affect the validity
or enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circi.imstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the
substantial benefit of the bargain for any part), 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.
.24. Cor[ior« to Authority: The persons executing this /".giecrnent on behalf of the parties
iicreto yvarntnt that they are duty authoi•i/,ed to execute this Agre,,'.ment on behalf of said parties and
thnt l-�j doing so, the parties hE, rc.to arc: 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
RON
EXHIBIT B
RESPONSE AND SCOPE OF SERVICES
Gq)
EXHIBIT C
FEE SCHEDULE
701
EXHIBIT D
PROJECT SCHEDULE
ml
EXHIBIT E
CITY COUNCIL POLICY 100-5
DO
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 Novumber 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
Foderal funds under a variety of prograins, is required to abide by this Act. The City Council has
cx�E�C.ssea its Support oi,thc, nationai effori to cradicate drug abuse through the creation of Substance
Abuse Cointniitec., institution ofa City-wide D.A.R,E. program in all local schools and otheractivities
in support of a drug-free c:omn 0nity. 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.
The City Manager, under direction by the City Council, shall take the necessary steps to see that the
follm ing 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 ,fob site or location included in this contract, and specifying
the actions that will be taken against the employees for violation of such prohibition;
UA
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. (7ontractor's and/or sul-grantee's policy of maintaining a drug-free workplace;
availfgbl€: dni co��i�ssti'=; a„ refiabili!,ation and eniployew assistance programs; and
4, T!,_,� thl.-Ii in-,p,,1qr')nfe employecs for; cu, 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;
0pw City of Costa Mesa with;n test (10) days after receiving notice under subparagraph
B 2 ''r ons ayk ornployee or othei°A,isc receiving the actual notice of such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph l 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;
8
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.
C'ontraclor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of
Costa Mesa determines that:
Cnntmctor and/or sub -grantee has made a false certification under paragraph 1 above:
h. Contractor and/or sub -gran (cc has violated the certification by failing to carry out the requirements of subparagraphs I 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.
ITS
EXHIBIT F
CERTIFICATES OF INSURANCE
0
ACQ1R . CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YY)
PRODUCER 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
INSURED INSURER A; Travelers Indemnity CO. Of O ectiC t
INSURER 8: Travelers ProDertv Casualty G Ameri
INSURER C: Liberty Insurance Uri erwri.tInc.
INSURER D: Travelers Casualty Ins. Co. of America
INSURER E:
Re.0:4.7TT*1
THE POL77CTF.71F 7Nrlr77,I3CF :.".;STET) 4",RLOW i✓MVF. BPF ISSU;.D TO THE INSURELL NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
107'7ITHST"•,7DT7qG A.WY 17T70VIREMM77,
TERM OR CONDITION Or ATTY COITI'RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTTrICATE MAY BF; ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
rFUMP'. PXCT, 'STO""a9 TzI%D) CONDTTT:S?,Tq
OF STICH V07,T77Er. AG77R .G7,TE LI%'iTTS SHOWN I•d.TeyHpAVE BEEN REDUCED BY PAID CLAIMS.
LTR _� 7Y1':1:: r
pnr,fEYHUML�E �6UCY HPvVCT1VE POLICY�S$�HI. ___ LIMITS
I -...,:. ,.,.,_.
FACH.00CLIRRENCE
8/15/2009 8/15/2010_
COMIAURGIALUFNERALLIABILITY
CLAIMS MAPF i € OCCUR'
FIREIJANlRGE one lira $ 000, QO{,)
MED EXP (An one rson $10 000
PERSONAL & ADV INJURY $1, 0001000
GENERAL AGGREGATE $
GHN'L AGGRFAATE LIMIT APPMES PER;
PRODUCTS - COMP/OP AGG $2
POLICY FRO- LOC
A
LIABILITY
ANY AUTO
8/.15/2009
8/15/2010
COMBINED SINGLE LIMIT
(Ee ecddent)
$1 000, 000
r
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Pereccident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Par sccldent)
$
GARAGE LIABILITY
AUTO ONLY - EAACCIDENT
$
OTHFR THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
!
EACH OCCURRENCE
-
AGGREGATE
OCCUR CLAIMS MADE
3
;
DEDUCTIBLE
$
_
RE ENTION S
J'k.:d3ATIONAND
+.mPL0YL: "'LIAMUTY
9/1/2009
9/1/2010
X R_
_
E.L. EACH ACCIDENT
$110004000
E.L. DISEASE -EAEMPLO
$1,000,000
E.L. DISEASE - POLICY LIMIT
$1
C,
C)THER
Lrof-Rq:�onal Liability
3/25/2010
3/25/2011
$1,000,000 Per claim
$2,000,000 annual aggr
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
MAR 2. 4 2010
RISK MGMT,
r►GR 119'1uH I r- 1TIJL LJI=IN I 1 AUD 710NAL INSURED; INSURER LETTER. GANCELLATION
'SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
City of Costa Mesa #ILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
77 Fair Dr. mAMED TO THE LEFT.
Costa Mesa CA 92626
AUTHORIZED REPRESENTA
TEURD 2545 (7197) R5 CORPORATION 1888
POLICY NUMBER: COMMERCIAL GENERAL UABIAJTY
`I efts Lkib011i--:W NT CMi4GLS ME PJLJ�"J . PLEASE READ IT CAREFULLY.
ThL, nttas_emeoit mcjdMc:s insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Narne of Person or Organkation_
(If no entry appaars abode, information required
as applicable to this endorsement)
WHO IS AN INSURED (Section Il) is ame4
Schedule, but only with respect to liebi .
in the Dedurations
isred the per5an ar oTanlzatmn shown in the
for that insrsred by or fnr�ou.
CG 2410 1185 Copyright. Insurance Services Office. Inc_, 1984 Page 1 of 1 ❑
A-�a v ►e,A
POLICY NUMBER: _. COMMERCIAL GENERAL. LIABIIJTY
ECG 24 514 05 00
"I I EI DDi EI E [� " CI�fA E
THE POLICY, PLEASE READ IT CAREFULL'Y'.
PRIMARY AND NONCONTRIBUTORY PROVISION — YOUR
OPERATIONS
Ti �i �a �€iur � ��t�f �n chaE��> err u� ante provided under the- f€sllovAng:
L "ILITY COVERAGE PART
I` i� ��i,..� i_�ed by the addition af 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 perforrning operations,
this insurance is primary to that rather insurance, and that other insurance shall not contribute to amounts payable
un€fer this Insurance, for Ilahility arising out of your ongoing operations performed fior that person or organization
under a vaitten 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
dict not r ive that req; sept 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 and of the policy period for this insurance.
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 Office, Inc., 1997 Page 1 of 1
EXHIBIT B
CONSULTANT'S PROPOSAL
13 ONWARD ENGINEERING, INC,
WORK PLAN
OE has reviewed the City's RFP and coupled that knowledge with our experience on similar projects and our
understanding of the City's standards and procedures. We take no exceptions to the City's Scope of Work. What
follows is a detailed explanation of each work item, clarifications, and deliverables.
PHASE 1 Existing Plan Review, Survey, and Preliminary Design
E1.1 DESIGN KICKOFF MEETING
OE will set up a design kick• off meeting with City staff to discuss the scope of work, objectives, design
criteria, technical requirements, and project schedule. It is important that the scope of work and
schedule be reviewed and finalized by the City at this meeting to ensure a successful project.
Deliverables
-Meeting minutes and agenda
1.2 RESEARCH & REVIEW OF AVAILABLE DATA
The OE team will compile and review all existing plans and documents available from the City of
Costa Mesa, Orange County Public Works Counter, OC Geomatics website, and individual utility
agencies. All records will be compiled and returned to the City upon project completion. OE will also
review conceptual plans and neighborhood concerns to ensure that they are addressed and that
solutions can be provided at the neighborhood meetings.
Defiverablex
-Existing records matrix and copies of existing records
1.3 FIELD WALK
OE will conduct a field survey to confirm existing site conditions and to shape the scope of work. OE
will verify records drawings and data and inventory roadway signage and existing pavement
markings. OE will prepare a photo log of key project areas. OE will coordinate with the City to ensure
that all desired improvements are noted to ensure that all necessary data is obtained and considered
in the design. OE will also meet with City staff to conduct a job site walk to review the findings of our
site research and the preliminary scope of work. This meeting will allow us to visually understand City
concerns, go over key areas, and ensure that our understanding of the City's needs and the goals of
this project are understood and addresses in our design.
Additionally, OE has teamed with NUVIS to provide landscaping plans on this project. NUVIS shall
conduct a pre -design tour with sketchbook and digital camera to become familiarized with existing
conditions and potential effect on the design solution. This includes visual identification and
evaluation. Visual identification includes looking at adjacent land uses, drainage patterns, existing
infrastructure, pertinent visual characteristics, environmental conditions, site influences, and view
potential/orientation and visual impact. The evaluation entails looking at the impact of pedestrian,
N
WORK PLAN
bicycle, and vehicular circulation patterns, physical opportunities and constraints, maintenance needs,
and interrelationship with current businesses, residences, and facilities.
Deliverabhos
-Site evaluation notes
-Site photos & video (existing conditions)
-Pavement marking and roadway signage inventory
1.4 TOPOGRAPHIC SURVEY
OE has contracted with DBE firm CL Surveying & Mapping—with whom we have worked together on
multiple projects—to provide the additional topographic survey for this project. This task includes
broken down into three subtasks:
Subtask 1: Site Control- Recover project bench mark and establish horizontal and vertical control
monuments within the project area to facilitate survey activity. CL Surveying and Mapping will assume a
local coordinate system, horizontally, and vertical datum bases on Orange County Benchmark (OCBM).
Subtask 2: Centerline Establishment/Right-o€-Way Establishment- Conduct the field measurements
necessary to re -trace the street centerlines of Placentia Avenue from Adams Avenue to Wilson Street.
This effort does not constitute a full and complete boundary survey of the adjacent land parcels.
Survey monuments located and indicated on the survey shall be limited to existing, centerline
monuments found to be present along the streets as indicated. No additional monuments will be set
under this scope of services other than aerial and ground control in the topography effort.
Sulam;k 3: Topography and Street Cross Sections- Provide field survey full width street cross-sections
at 25 -foot intervals along Placentia Avenue within the project limits. Cross sections will be taken from top
of curb to top of curb. Visible indications of surface utilities lying within the project limits will be located,
as will accurate lid/rim and invert elevations for all drainage structures present. This item does not
include any potholing or excavation work that may be required to uncover existing facilities. Should there
be concerns regarding the location of subsurface utilities, said potholing will be handled under separate
cover. This task can be completed in twenty-five to thirty working days, weather permitting, upon an
authorization to proceed from the City. Deliverables will include an AutoCAD drawing file along with the
ASCII point file of the survey points collected in the field.
F-11Ih�1.IM
-Centerlines and Right -of -Ways of Red Hill Avenue, Placentia Avenue and Bristol Street will be shown.
-Elevation of all grade breaks, TC and FL, LIP, lane lines and edge of pavement
-Elevation of all driveways fronting Red Hill Ave, Placentia Ave and Bristol St.
-Existing surface utilities
-Field Notes and all applicable pictures
WORK PLAN
■ 1.5 UTILITY RESEARCH & NOTIFICATION
We believe that utility notifications are a low cost/high value component of every design project. Our
past experience working on similar projects has allowed us to set a highly successful utility
coordination protocol that greatly assists in the success of public works projects. First, we focus on
confirming the contacts for all existing utility facilities. OE will conduct existing records research and
coordination with utilities in the area and all design work will be coordinated with the affected
utilities. OE will conduct an online design investigation through Dig -Alert which allows our staff to
research and confirm the most recent contacts for all present affected utilities. Each company will be
contacted & informed of the upcoming project. OE then conducts a three -pronged utility
cvorcFinuiioii/investigation proiocol which involves a detailed local uiiliiy research, a three-step utility
notification protocol (inform, advise, relocate/adjust), as well as utility coordination meetings. If we
deem it necessary, we will meet individually with the affected agencies, at no additional cost to the
City, to ensure project success. We will notify all affected utility companies to alert them of the
upcoming project and request verification of the sizes, depths, and locations of their underground
lines, facilities, and substructures within the project vicinity. After receipt of information from the
utilities, OE will cross check the plotted locations with field review information to ensure the existing
utility lines are shown in their proper locations. Once the proposed improvements have been
finalized, OE will identify potential utility conflicts and determine where relocations will be required.
Deliverables
-Utility contact matrix & utility notification log
-1St 2nd and 3`d utility notices
-Correspondence to each utility company
1.6 DETAILED SURVEY PLAN
The OE team will compile the aforementioned information and prepare the survey plan for this
project in the requested AutoCAD format. The 40 -scale layouts are prepared using a combination of
available record drawings, Geographical Information Systems, including Google Earth, utility drawings,
and information collected during field reconnaissance. The basemap will include the 3D TIN surface
data, project right-of-way lines and dimensions, center line data, BCR, ECR, flow lines, centerlines,
angle points, top of curb, spandrels, pavement striping, utilities, structures, walls, trees and
landscaping, underground and surface utilities, poles, hydrants, catch basins, signs, valves, and
manholes and other physical features as well as correlating stationing for reference. The survey plan
will be set up in accordance with the City of Costa Mesa digital data standards for final submittal.
De i+verables
-Survey plan (digital and hard copy)
NA
WORK PLAN
1.7 PRELIMINARY DESIGN SCENARIOS
Once the research, field survey, and traffic impact analysis is complete, OF will begin conceptually
designing the project. This includes preliminary design plans and cost estimates for each of the three
projects. The design scenarios feature options and alternatives provided in the traffic analysis. In
addition to utilizing the recommendations provided in the traffic analysis, the Preliminary Design
Scenarios are created based on the City's Roadway Classification found in the General Plan, on the
existing striping patterns, on the City's Streetscape Standards, and on any further information
provided by the City. Median tapers and median flares follow the geometrics in the Standard Plans
for Public Works Construction.
For this vyork item, OF will prepare a Preliminary Statement of Probable Costs along with backup
docurnentation. OF will prepare breakdown the Preliminary Statement of Probable Costs to show the
total cost for each project. The cost estimate development will be a continuous process which begins
at project inception and ends with design completion. Our office constantly updates the unit price
records from recent local projects in an effort to provide the most accurate project estimated costs. It
is important to take into consideration the size and location of the project in comparison to the
baseline projects. The OF design team will meet with the City to discuss project scope adjustments
before the preparation of plans and specs. With the use of Civil 3D software, we are able to track the
quantities and costs while preparing the plan set. This allows us to keep the cost in mind as we
conduct our design. We are aware of the City's budget, and we will work with the City throughout
the design to ensure that any cost reduction measures are incorporated in to the project to ensure
the project is completed within the allotted budget.
NUVIS will discuss design strategy with the project team and City Project Manager, and then respond
initially with a "bubble diagrammatic" schematic alternative in plan -view format. The graphic study
will depict the proposed functional and spatial relationship to the site configuration:
0 Creating an cohesive and aesthetic design focusing on positive features,
0 Providing traffic calming measures where appropriate,
0 Analyzing property protection and emergency response, and
0 Compatibility with city maintenance procedures and schedules.
Based upon the review of the schematic plan, NUVIS will refine the design solution into a succinct
landscape plan. NUVIS will then prepare the preliminary and final color landscape rendering. The
preliminary and refined conceptual drawing will be prepared as presentation quality, color renderings
at an appropriate scale for viewing from a comfortable distance, accompanied by reduced versions of
the drawings.
0Vfiww-ra'b110,s
-Preliminary Design Plans (digital PDF and hard copy)
-Preliminary Cost Estimate (digital and hard copy)
0q,
WORK PLAN
1.8 COMMUNITY OUTREACH & COUNCIL MEETING
Due to the impact of these projects on the surrounding area, the City is requesting one
neighborhood meeting and one City Council Public Hearing to identify and finalize the project
concept. OE will coordinate with the local community throughout the design process, these meetings
give the community a forum to voice opinions, ask questions, and understand the project intent. OE
has conducted neighborhood meetings and we understand the importance of making sure that the
community is aware and accepting of the project and that mitigating measures are taken to minimize
the impact of the project. OE will work with the City of Costa Mesa staff so that the planning,
preparation, and meetings cover all of the aspects that the City wants covered. OE will also assist in
providing notification to the various stakeholders to increase the probability of a good turnout. If
requested, the OE will be prepared to display the Landscape Renderings as described in 3.1 of this
Scope of Work. Otherwise, the preparation of the Landscape Renderings will remain part of the Final
Civil Engineering Design phase. The key at these meetings is to anticipate concerns and to come to
the meeting prepared with solutions and alternatives. We believe that prudence with this task greatly
increases the likelihood that this project will have a positive public perception.
DeiMverabres
-City Council Public Hearing Presentation
-Meeting agenda and minutes
WORK PLAN
i�ilSh �' �?r°�,�rertiai Piraly i a��d Approval
As the designated OCTA PES/E-76 consultant, OE will be responsible for preparing, submitting and
processing all PES/E-76 documentation for this project. OE has also partnered with Chambers Group (CGI)
to assist with preparing any required technical study, report or testing that may be requested or required
by Caltrans in order to successfully process, analyze and obtain CEQA/NEPA approvals for this project.
2.1 PREPARE & SUBMIT PRELIMINARY ENVIRONMENTAL STUDY (PES)
This work item includes the preparation and submittal of the PES package, coordination with Caltrans
Local Assistance and Environmental Division staff, and obtaining final approval of the project PES
package. The PES package will be composed of:
0 Transmittal Letter
0 Exhibit 6A: PES Form
0 Exhibit 7B: Field Review Form
0 Exhibit 7G: Field Review Attendance Roster
0 Attachments: APE Maps, FEMA Maps, Previous Reports
0 Memorandum/Notes: Air Quality, Noise, ADL
0 Technical Studies: Cultural Resources, Section 4(f), Biological Resources
The PES preparation will be initiated at project inception and will include an existing documentation
research and meetings with City staff to discuss the known area of environmental or cultural concern.
Upon determination of a preliminary design concept, OE will prepare the PES document and
associated attachments for City review. The PES package will be submitted to Caltrans during the
75% Plan preparation phase, with approval of the PES anticipated during the 100% Plan Preparation
Phase. Should any environmental comments or mitigation measures be added to the project as a
result of the PES, OE will incorporate all such measures in to the 100% PS&E prior to the final
submittal to the City.
OvRvet Wes
-Preliminary & Final PES Package (Hard & Digital Copy)
-Technical Memorandums (As Applies)
-Coordination Records with Caltrans
2.2 AREA OF POTENTIAL EFFECTS (APE) MAP
In an effort to ensure all required environmental measures are noted during the design phase, OE will
authorize CGI to prepare the required Area of Potential Effects (APE) Map for the City's review and
inclusion in the PES package. The APE limits will be delineated to include the direct project footprint
including areas that contain buildings and structures that may be potentially affected by visual, noise,
or atmospheric intrusions (indirect APE). A preliminary APE will be submitted to the City for initial
review. Upon approval of the APE, a final draft will be included in the PES for Caltrans review.
Detivrerables
-Preliminary & Final APE maps
0
WORK PLAN
■ 2.3 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION (CE/CE)
Upon approval of the PES, CGI will prepare a preliminary Categorical Exclusion for NEPA compliance
and a Categorical Exemption for CEQA compliance. The documents and all associated checklist,
reports and backup documentation will be submitted to the City for initial review prior to distribution.
Upon final approval of the CE/CE packages, OE will submit the final package to Caltrans/FHWA and
the State Clearinghouse for final acceptance.
-NEPA Categorical Exclusion Package
-CEQA Categorical Exemption Package
ALTERNATE ITEM 1: CULTURAL RESOURCES STUDY
If determined to be necessary, CGI will complete all cultural resource efforts in compliance with CEQA
and Section 106 of the National Historic Preservation Act (NHPA) and will follow the requirements set
forth in the Department's Standard Environmental Reference, Volume II, Cultural Resources and the
Programmatic Agreement among the Federal Highway Administration, the Advisory Council on
Historic Preservation, the California State Historic Preservation Officer, and the California Department
of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as
it Pertains to the Administration of the Federal -aid Highway Program in California (Programmatic
Agreement).
A cultural resources records search will be conducted on each project. The records search will provide
information on known cultural resources and on previous cultural resources investigations within a
one -mile radius of the project area. All information will be compiled in a report format and will be
submitted to the City for preliminary review prior to inclusion and submission of the PES package.
-Cultural Resources Study (Digital & Hard Copy)
-Cultural Resources Records & Backup Data
ALTERNATE ITEM 2: SECTION 4(f) EVALUATION
Preliminary investigations indicate that Placentia Avenue right of way and the Fairview Park limits may
not perfectly coincide. As a result, Section 4(f) Evaluation is offered as an alternative item. CGI will
prepare a Section 4(f) Evaluation pursuant to the Department of Transportation Act of 1966, which
prohibits the Secretary of Transportation from approving any program or project which requires the
use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of
national, state or local significance as determined by federal, state, or local officials having jurisdiction
thereof, or any land from an historic site of national, state, or local significance as so determined by
such officials unless (1) there is no feasible and prudent alternative to the use of such land, and (2)
such program includes possible planning to minimize harm to such park, recreational area, wildlife
and waterfowl refuge, or historic site resulting from such use (Department of Transportation Act of
1983, 49 U.S.C. Section 21).
C5
WORK PLAN
CGI will conduct a study of the potential 4(f) resources impacted by the project, analyze the data, and
determine the level of response necessary, pursuant to Section 4(f) of the Department of
Transportation Act. OE and CGI will coordinate with the appropriate State and Federal agencies to
receive concurrence on the level of document necessary and will document these findings in a report.
-Section 4(f) Evaluation Report
-Coordination & Meeting Records
Lt �-rNATF ITEM 3 BIOLOGICAL RESOURCE & WETLANDS STUDY
If found necessary, this work item may only be required on the Placentia Avenue project due to its
traversing through the Fairview Park. OE and CGI will conduct a literature review to assist in
determining the existence or potential occurrence of sensitive plant and animal species on the project
site or in the vicinity. Federal and State lists of sensitive species and current database records,
including the California Natural Diversity Data Base (California Department of Fish and Game, 2007)
and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants
of California (Skinner, et al., 2007), will be examined.
Fieldwork will be conducted by qualified CGI biologists in order to document the presence / absence
of sensitive biological resources (e.g., species or habitats), or to determine the potential for
occurrence of such resources that may not be detectable when the fieldwork is conducted. The
location of any sensitive biological resources present on site, including plants and plant communities,
will be mapped. For optimal results, CGI recommends conducting the fieldwork in the springtime (i.e.,
April or May), if possible. This will maximize the ability to effectively detect and positively identify
sensitive species, particularly plants.
rD 0fivzralb"It-,
-Biological Resources & Wetlands Report
ALTERNATE ITEM 4: AIR QUALITY REPORT
Should Caltrans not accept the justification memorandum that will be included in the PES package for
Air Quality compliance, CGI will conduct an air quality analysis to satisfy CEQA, state and federal
environmental requirements, and conformity provisions of the Clean Air Act Amendments (CAAA).
The Air Quality Report will be prepared in accordance with the latest following protocols / guidelines:
Caltrans Transportation Project -Level Carbon Monoxide Protocol, FHWA / EPA Transportation
Conformity Guidance for Qualitative Hot -spot Analysis in PM2.5 and PM10 Nonattainment and
Maintenance Areas, FHWA Interim Guidance on Air Toxic Analysis in NEPA Documents, and Caltrans'
Policy on Greenhouse Gas Emissions. If the project is determined to be a Product of Air Quality
Concern (POAQC), PM10 and PM2.5 Emissions will be quantified based on consultation and
coordination with the Transportation Conformity Working Group.
WORK FLAN
Additionally, the Greenhouse Gas Emissions Analysis will be based on the Caltrans Climate Action
Program. The Air Quality Report will also analyze construction -related impacts and adhere to the
South Coast Air Quality Management District's (SCAQMD) rules and requirements. Construction
impacts will be qualitatively evaluated commensurate with available project specific information.
The Air Quality Report will need to document whether the proposed Project is included in the latest
RTP, and RTIP and Federal Statewide Transportation Improvement Program (FSTIP) for preliminary
engineering / environmental documentation. The Air Quality Report will make a final determination
whether the build alternatives will conform to applicable state and federal air quality plans.
Mitigation measures will be defined for any construction and / or operational impacts that are
identified. Coordination with the Department will be necessary to ensure that the proposed Project
would not violate / exacerbate air quality in the South Coast Air Basin (SCAB). Additional
documentation which includes the Conformity Analysis Checklist, from the code of Federal
Regulations (40 CFR 93.102 through 93.123) will also be provided. This work item will not be initiated
without prior City approval.
Deliverables
-Air Quality Report
■ ALTERNATE ITEM 5: NOISE REPORT
Should Caltrans not accept the justification memorandum that will be included in the PES package for
Noise Impacts, CGI will prepare a noise impact analysis consistent with the Department's Traffic Noise
Analysis Protocol (TNAP) and Technical Noise Supplement (TeNS) to address traffic noise impacts on
noise -sensitive uses, such as existing and approved future residential areas located adjacent to the
proposed project.
Short-term noise impacts from construction sources will be analyzed based on the equipment
expected to be used, length of a specific construction task, equipment power type (gasoline or diesel
engine), horsepower, load factor, and percentage of time in use. United States Environmental
Protection Agency (EPA) recommended noise emission levels will be used for the construction
equipment. The construction noise impact will be evaluated in terms of maximum levels (Lmax) and
the frequency of occurrence at adjacent noise -sensitive locations. Analysis requirements will be based
on the sensitivity of the area and the City's Noise Ordinance specifications.
Existing roadway traffic noise will be calculated as baseline conditions, using concurrent traffic counts
obtained during ambient noise level measurement. The future traffic conditions will assume either the
worst-case traffic condition or the projected traffic volumes provided in the traffic study.
Delliverah �s
-Noise Report
(R
WORK PLAN
ALTERNATE ITEM 6: AERIALLY DEPOSITED LEAD TESTING & TECHNICAL REPORT
Should Caltrans not accept the justification memorandum that will be included in the PES package for
Aerially Deposited Lead compliance, OE will authorize CGI to conduct an ADL investigation along the
project site. Samples of soil will be taken from each project site affected and will be tested for the
presence of lead. This work item assumes that all samples will be taken in areas adjacent to the
roadway and that no roadway cores will be required. All finding will be presented in a report format
and will be returned to Caltrans for final confirmation.
-Aerially Deposited Lead Findings Report
[VASE 3 r'i€lal Civil Engineering Design
■ 3.1 75% AND 100% PLAN PREPARATION
Upon initiation of the Final Civil Engineering Design Phase, OE will prepare the plans in accordance
with City of Costa Mesa standard plan preparation guidelines and the RFP requirements. The
following are descriptions of the key components. The plans will be prepared on 24"x36" bond paper
and at a minimum will include the following sheets:
Descritstion Sheet Count
OE has assumed a 75% and 100% submittal of the full plan set. OE has included the necessary
submittal hours as well as plan check meetings in each task to ensure full review and incorporation of
the plan check comments. The following are brief descriptions of each plan component covered
under this work item:
Title Sheet, Details & Typical Sections: The title sheet will incorporate all City of Costa Mesa
general provisions, project key map, project vicinity map, project legend, benchmark and basis of
bearing information, project signatures, revision dates, and any other information that may be
required by the City. OE will also provide typical sections for each leg of the improvement showing
Placentia Ave.
Title Sheet
1
Details & Typical Section
1
Median Plan & Profile with Signing & Striping
7
Drainage Improvement Plans
0
Landscape Modification Plans
9
Traffic Control Plans
4
Design Cross Section Sheets (50' O.C.)
10
Utility Relocation Plans
As -needed
TOTAL:
32 sheets
OE has assumed a 75% and 100% submittal of the full plan set. OE has included the necessary
submittal hours as well as plan check meetings in each task to ensure full review and incorporation of
the plan check comments. The following are brief descriptions of each plan component covered
under this work item:
Title Sheet, Details & Typical Sections: The title sheet will incorporate all City of Costa Mesa
general provisions, project key map, project vicinity map, project legend, benchmark and basis of
bearing information, project signatures, revision dates, and any other information that may be
required by the City. OE will also provide typical sections for each leg of the improvement showing
_�. WORK PLAN
the proposed work, existing and proposed roadway widths, and any other pertinent information for
the construction of the project. OE commits to providing all necessary details, notes, and revisions to
the detail sheets as may be required.
Median Improvement/Signing & Striping Plans: The Street Improvement Plans consist of the
Median Plan and Profile prepared at horizontal Y=40' and vertical 1"=4'. The profile includes the
existing centerline finished surface elevations and the proposed right and left top of median curbs.
The Plan view includes the horizontal alignment, removal and construction notes and all revised
striping and new or relocated signage.
Drainage.: Eur-1ps'0V0MCR—L Plarns: OE will prepare all plans and profiles for catch basin and storm drain
lateral relocations. Details will be provided at 1" = 40' Horizontal Scale. Profiles will be at 1"=2'
Vertical Scale.
Landscape Modification Plans: NUVIS shall prepare construction documents and specifications
book conforming to the City standard construction methods, the Standard Specification for Public
Works Construction and applicable County, State, and Federal regulations and codes (i -e., CPSC,
ADAAG and DOI). They may include but not limited to, referenced standard drawings, irrigation plans
which illustrate pipe sizes, heads, valves, clock locations and points of connection, planting plan which
illustrate size, location, and species, technical specifications (based on the Green Book - Standard
Specifications for Public Works Construction). The final documents will be submitted with a statement
of probable construction costs relative to the bid item quantities for formal plan check by the City.
Traffic Control Plans: Traffic Control Plans are prepared at 1"=40' and double tiered on each sheet.
The plans will indicate the work area, the limits and transitions of proposed lane closures, and staging.
It is anticipated that one phase will be required consisting of closing the inside lanes while
constructing the medians.
Design Cross Section Sheets (50' intervals): The cross section sheets will be prepared in 1"=20'
horizontal and 1"=2' vertical scale. Cross section sheets will include vertical and horizontal cross falls,
elevations, and join elevations to private property. Sections will be prepared per City standards. Cross
sections will be submitted at the first plan check.
Utility Relocation Plans: If necessary, OE will coordinate and incorporate all utility relocation plans
that are designed by the affected utilities. SCE, water, gas, and cable line adjustment/relocations will
be shown on the plans with their proposed locations as well as owner information.
De)ivera%les
-Design Plans (digital and hard copies at 75% and 100% for each project)
WORK PLAN
0 3.2 PREPARE PRELIMINARY & FINAL COLOR LANDSCAPE RENDERINGS
During Phase 1, NUVIS will prepare a preliminary color landscape rendering in order to convey the
project intent. The conceptual landscape rendering will be prepared as presentation quality, color
rendering at an appropriate scale for viewing from a comfortable distance, accompanied by reduced
versions of the drawings. The rendering will be used in the community coordination meeting for
overall description of the project layout. The landscape rendering will also be accompanied by the
isometric landscape rendering described below. Upon approval of the preliminary design, NUVIS will
update and submit a final landscape rendering that will be used at the council meeting for approval
of the final design.
Dp Rvp ble
-Preliminary Color Landscape Rendering (Large & Reduced Scale)
-Final Color Landscape Rendering (Large & Reduced Scale)
0 3.3 PREPARE ISOMETRIC LANDSCAPE RENDERINGS
In order to better convey the aesthetics and look of the project, NUVIS will also prepare two (2)
Isometric Landscape Renderings for each project that will be used to augment the standard landscape
renderings. The isometric landscape renderings will give a better perspective for residents and
business owners during the community coordination meeting and will help gain community support
for the projects. It is anticipated that both isometric landscape renderings will be prepared and
displayed at the community coordination meeting for each project. Each rendering will be presented
in a birds' eye view and will be a professional artist's rendering.
Delliverables
-Isometric Landscape Renderings (2 per project)
0 ALTERNATE ITEM 7: STREET VIEW LANDSCAPE RENDERINGS
In an effort to provide the City with project savings, OE proposes a credit to the City as an alternate
work item should the City choose to omit the isometric landscape renderings and use only street view
landscape renderings. The street view landscape renderings will be prepared by NUVIS in a
professional landscaping format and will provide a view of the new landscaping from a street view
perspective.
D04verablp,%
-Street View Landscape Renderings (2 per project)
N3.4 PREPARE HYDROLOGIC/HYDRAULIC REPORT
OE will prepare a hydrologic and hydraulic report for the project areas. The report will include an
analysis of the longitudinal and cross fall drainage to ensure that the existing runoff will be
adequately conveyed to the existing or relocated drainage inlets. It is assumed the City will provide
055
WORK PLAN
OE with the existing master drainage plan and the currently experienced flows into the existing inlets.
Utilizing this data, we will conduct a capacity analysis for the storm drain inlet as well as the storm
drain lateral to ensure adequate crossfall is encountered within the gutters, and adequate openings
are provided both for the storm drain inlets as well as the lateral. All drainage improvements will be
specifically detailed and called out on the plans for removal, replacement, relocation, or new
construction. One of our proposed Project Engineers is a certified QSD/QSP with experience
preparing Hydrology Reports and a background in hydrology.
•�£ fi.'t f''rabh—
- Hydrologic Report & Findings
■ 3.5 PREPARE WATER POLLUTION CONTROL PLAN
OE has obtained the City's preferred water pollution control documentation text from previous
projects. We will modify the provided text to ensure the specifications share the required stipulation
to ensure full water pollution control is incorporated as part of this project. At a minimum, OE will
specify that the Contractor prepare a SWPPP and provide a QSP during the construction process for
storm water monitoring. The City will be responsible for inputting the obtained data into the SMARTS
system and for filing the required Notice of Intent prior to the start of construction.
®eiiverables
- Incorporate necessary text & conditions in specifications
3.6 75% AND 100% SPECIFICATION PREPARATION
Clarity of bid items, site control, and payment method for each item of work are crucial in the
preparation of the project specifications. OE will edit the "boiler plate" specifications provided by the
City of Costa including Instruction to Bidders, Proposal, Contract Agreement, General Specifications,
and General Provisions. OE will also prepare the technical portion of the project specifications utilizing
the Green Book, APWA Standard Plans, California MUTCD, and Caltrans Standard Specifications.
Copies of standard details and plans specified will be included in the plans or specifications. We will
ensure that each pay item is clearly referenced and described in each applicable section of work. The
bid schedule will be included per City Standard and as directed and approved by City staff. Close
attention will be paid to the delineation of each bid item to ensure that the specified project scope
covers the full intent of the City.
i lilieerables
-75% & 100% Specifications (digital and hard copies at 75% and 100% for each project)
WORK PLAN
3.7 75% AND 100% COST ESTIMATE PREPARATION
OE will prepare a construction quantity and cost estimate with each submittal (75% and 100%). The
estimate will show quantities and unit prices for each bid item along with appropriate mobilization
and contingency costs. Our unit prices will be based on a combination of prices obtained from
recent construction bids for similar projects, discussions with City staff, and discussions with other
agencies and consultants in the construction industry—including contractors and suppliers. The
items listed in the cost estimate will be the basis for the preparation of the bid schedule. The cost
estimate will be prepared using the latest version of Microsoft Excel.
-75% & 100% Cost Estimates (digital and hard copies at 75% and 100% for each project)
3.8 CALTRANS PERMIT
We believe that it is important for the encroachment permit for constructing the medians within
Caltrans Right of Way be prepared and completed during the design phase so that the bid package
can include all necessary Caltrans encroachment permit items. In order to avoid delays in the
construction of this project, Onward Engineering proposes to prepare the encroachment permit,
exhibits and documentation during the design phase and will aim to submit as early as possible for
the noted areas. Since the Caltrans encroachment permit only requires that the work within Caltrans
right of way be shown, we can submit early for the permit in order to ensure a quick approval and
correlation of the stipulation. This work item also includes the correlation of the bid specifications
and design plans with the received stipulations for traffic control and notification at or near the
freeway entrances as well as the inclusion of the encroachment permit making it easier for the
contractor to obtain the rider permit to begin construction.
Dq iivecabit-s,
- Encroachment Permit with Bid Package
3.9 FINAL PS&E SUBMITTAL
Upon approval of the 100% PS&E Package, OE will plot the final plan set, wet sign all necessary bid
documents and will compile our design files for a final submittal to the City. At this phase plans will
be guaranteed to meet the 5 C's, consistent, clear, correct, constructible, and complete. A discussion
of our QA/QC plan can be found following this section.
Deiiveirabbas
-Engineer wet signed hard copy plans (3 bond copies)
-PDF copies of PS&E along with workable files (word specs, excel estimate, and AutoCAD plans on CD
-Mylar print of plans
WORK PLAN
. 3.10 PREPARE RESIDENT ENGINEER'S FILES
Once the final PS&E submittals are approved OE will prepare and submit a Resident Engineer's file
containing, at a minimum, final construction quantities and cost estimate with background calculation
work sheets; soil and hydrology reports; survey data; utility file; Caltrans permit material; and all
related project information. OE will maintain all project files in accordance with the City's design
requirements and will present all files in clean, organized binders in addition to digital copies of all
the project files.
0z,11ve, v bi6� n;
-Two copies of Resident Engineer files along with electronic copy of files on CD
3.11 CONSTRUCTION TECHNICAL SUPPORT
OE will review and approve addenda if necessary and provide clarification to the plans and
specifications. We will attend the pre -construction meeting, and we will be available for
consultation and assistance during construction of the project to clarify or explain items relating
to the design. OE will also be responsible for preparing as -built plans at the end of construction.
Deliverables
-Responses to RFIs
-Addenda
-Prepare As Built Plans
PHASE 4 FEPO—ZAL APPRIVAL FOR CONSTRUCTION & CONSTRUCTION SUPPORT
■ 4.1 PREPARE & SUBMIT CALTRANS AUTHORIZATION FORMS (RFA)
OE will prepare the request for authorization package in accordance with the Local Assistance
Procedures Manual (LAPM). As was previously mentioned, OE is currently the on call consultant for
OCTA to assist and prepare RFA packages for local Orange County agencies. OE understands the full
process of preparing the RFA package from the minute details required in the new right-of-way
certification to the formatting and calculation methods required in the finance letter.
OE will ensure that all required federal forms are included in the project specifications and that the
plans are prepared in accordance with the required SRTS laws. OE will also ensure that the PES be
approved and properly circulated and attached to the RFA package to minimize the back and forth
between Caltrans. OE will strive to make the RFA process as smooth as possible in order to ensure a
timely and easy approval of the project and obtainment of the E-76.
Deliverable $
-RFA Package (Including all forms & signatures)
ow
WORK PLAN
QUALITY ASSURANCt IQUAE.M CONTROL
OE has on file and employs a detailed QA/QC program manual that outlines the definition of roles,
responsibilities, expectations, review requirements, and quality standards of all documents and procedures
within the firm. The following are key points within our QA/QC program:
Quality Assurance
Quality assurance is a proactive measure taken to ensure the systems and procedures are in conformance with
the City's requirements and expectations. Our QA process includes the following:
a) Staffing: Of principal importance to a successful project is the definition of roles and procedures
which will be followed during the course of a design project. By clearly laying out the expectations of
a project prior to its commencement, we are able to schedule, budget, and plan for the required
protocols and quality requirements. The City of Costa Mesa can be confident in our designation of
roles on each project. We will plan for and allocate the necessary staffing to complete this project. OE
has the proper protocols and procedures in place to ensure the project is managed, designed, and
submitted in accordance with Agency standards.
b) Budget: As the design team, it is not only our responsibility to design the project within the allocated
hours, but we must also design the project with the construction budget in mind. We understand
there are many unknowns in project design, which is why we keep the budget in-line by tracking our
hours and having status meetings to discuss the progress of the project in relation to the schedule.
With regard to the construction budget, we utilize the data analysis capabilities of AutoCAD Civil 3D
to provide us with accurate cost estimate scenarios to deliver to our clients a wider range of options
for construction.
c) Scheduling: Schedule control is achieved by planning early and tracking/updating the schedule on a
regular basis. For each project we are assigned, we will commit that our proposed staff is available
for the duration of the proposed schedule and are prepared to meet and exceed the Agency's
scheduling needs for a project.
d) Documentation: We provide document control through two main methods. First, as a versatile firm,
we meet with our designated PM at the City to set up and model documentation and formatting
standards for each component of the project (Plans, Specifications, Estimates, etc.) to match those
desired by the City in order to ensure full compliance of the documents.
e) Status Reports: Also, as a continued effort to complete each project on schedule, we will include a work
item to track and distribute status reports. Status reports will include project status, action item list,
ongoing items, schedule updates, upcoming critical items, and will also include attachments/exhibits of
critical items in need of discussion.
WORK PLAN
Quality Control -Emphasizing design quality and design clarity is the surest way to minimize the amount of
change orders and construction costs. There is no better or more effective way to control total project costs
than producing well-documented, well designed plans and specifications. PS&E must be of high quality.
a) Plan Review: Our submitted documents will go through three levels of review prior to each submittal:
Initial Peer Review, PM Review, and QA/QC Review. This tiered review allows for error mitigation on 3
separated levels of detail: ground level (drafting, calculations, and document formatting), project
management level (design and project intent compliance) and quality assurance level (completeness of
document and ensure "biddable" plans). Plan checks will look at five key items (5C's).
COiislStelrt: The plans will be cunsisten•t with other plans developed by or for OE and will comply with
all standards and guidelines set by OE design manuals and electronic standards.
Clear: The plans will not contain any design errors or omissions which will require an unnecessary
number of addenda during the project advertisement period. Plans must be clearly understandable and
not subject to various interpretations or assumptions.
Correct: The plans will not contain any design errors or omissions which will cause the delay,
postponement, or cancellation of the project advertising.
Constructible: The plans will not contain design errors or omissions which increase the probability of
multiple change orders during construction. Additionally, the plans will be free of any error which
would force the Contractor to deviate from the plans and specifications in order to achieve
constructability.
Complete: The plans will be an accurate and thorough representation of the proposed project features
and details to be constructed. The plans will be supported by a thorough and detailed documented
development process. The plans will be developed with the active involvement of all affected parties
and stakeholders throughout all stages of development.
b) Communication: We will stay in constant communication with the City to ensure we understand and
have all necessary milestones in place and that we meet those milestones. As our previous clients can
attest to, Majdi will allocate as many staff or support staff to this project to ensure the schedule is
maintained and that you are satisfied with the delivery of your project. We make a point to
accommodate our client's needs, and we guarantee you will be satisfied with our ability to deliver. By
making ourselves available, we avoid any defects to the final PS&E that could occur as a result of
miscommunication or misunderstanding.
c) Scheduling: For the remote possibility there is a delay, OE will develop strategies to bring the project
back on track using all necessary means at no additional cost to the City. Above all else, clear
communication will be the critical item in bringing any schedule slippage back on track. Our staff will
actively communicate with all affected parties to reschedule or reallocate resources in an effort to
expedite all necessary items. In many instances, tasks can be reorganized to allow for staggering of
work items.
M,
EXHIBIT C
FEE SCHEDULE
14
ONWARD ENGINEERING, INC. V
CITY OF COSTA MESA
FEE PROPOSAILTO PROVIDE DESIGN & ENVIRONMENTAI SERVICES FOR
PROJECT B: MEDIAN INSTALLATION AND LANDSCAPING ALONG PLACENTIA AVENUE
BETWEEN ADAMS AVENUE AND WILSON STREET
Item
No.
- --f--� ---
Project TasksTOTAL
QA/QC
5110
Horns
Project
$lar_
Hours
Project
SBS
It Hours
OEFEE
Lump Sium
wB/REIMB
Lump Sum
��-
FEE
PHASE I
Too a is Survey, Fleld Candk}an Assessment Akernatives Anal Is PreliminaryDesign,
& Resident Moedn s
1
Design Kick-off Meeting/Project Meetings
2
8
8
$1,700
S525
$2,225
2
Research & Review of Available Data
0
4
8
$],080
$o
$1080
3
Topographic Survey & Des' n Field Walk
0
2
16
S_1,56
$17 275
518,835
4
Utility Research & Notification
0
4
16
Lm
SO
$1,760
5
Detailed Survey Plan
0
2
8
$880
$0
$880
6
Traffic Anal sis
0
0
0
$0
$0
$a
7
Pre are Peliminar Desi n Scenarios
2
8
40
S4 420
4.975
59.395
8
Community Outreach & Council Meetings
0
8
20
$2,500
$7 375
$3,87
Phase I Rrlm6ursahles Re roductlon Coss
$$Oo
$500
Phase I Grand Total
4
36
1 116
1
1,650
$38,550
PHASE II
1
J Environmental Study
IPTepare & Submit PES Package (PB)
2
8
40
54 420
$2,625
$7,045
2
,Area of Potential Effects (APE) Map
0
1 4.
0
$100
$1.750
$1,850
_
3
Cate orical Exe do /Categorical Exclusion ICFJCE
0
1
0
$100
$1,225
$1,325
_
Phase Ii Reimbursables Re eR uctlnn Ces_Lt_ _ i
Phase ll Grand lrmnl 2
_ _ _
01
$6,100
S5Q0
$S0,7Av
�frliA5E Hi
T 1
PIorI�S}�1reCI�fL'Atltlns & Esti�s+ates__ -_T
75% & 100% Plan P(aparallon
8
—
G8
204
_
$25020
_
$35500
_
S4052a
2
IPre are H droln is/H draulic Report
0.5
4
20
155
0
$ 155
3
Prepare Water Pollution Control Plan
0.5
4
20
$2,155
$0
$2,155
4
Prepare Preliminary & Final Color Landscape Renderings
0
0
0
$0
$1,700
$1,700
5
Prepare Two Isometric Landscape Renderings
0
0
0
$0
$2,625
$2,625
6
'75% & 1D0%S Specification Prsearation
2
8
20
SZ720
0
S 720
7
'75%&100% Cost Estimate Preparation
1
3
12
$1430
$2,875
S4,3D5
8
Caltrans Permit
0
0
0
$o
$0
$0
9
Final PS&E Submittal
0
4
20
$2.100
So
$2,100
10
Prepare Resident Engineers Files
0
2
12
$] 220
$0
$1,220
11
Construction Technical Support & As-Builts
0
0
30
52,55
S3,800
56,350
Phase III Relmbursables Re rpduuIon CostsSS
500
$1,500
INiase a! Grand Tatel
12
93
396
539 350
$M000
5671350
Pi1A5E IV
Caltrans CoostruWcm Authorliatlun Furiru
1Pre
are & Submit Caltrans RFA
1
4
24
$2,5jl
$0
52 550
Phase IV Reimbursables Re induction Cosls
$5Po
$500
PhmetVGnadTotslJ
1 1
4 1
24
$2,550
$509J
$3,050
t
KI
EXHIBIT D
PROJECT SCHEDULE
15 ONWARD ENGINEERING, INC. &
Name
'443E 1- Topo Survey, Field Assessment, Prelim Design, et al
Design Kick-off Meeting/Project Meetings
Existing Records Documentation and Review
Topographic Survey Project B
Utility Notification & Investigation
Prepare Peliminary Design Scenarios Project B
Submit and Review Preliminary Design
Community Outreach Meetings
ASE 11- ENVIRONMENTAL STUDY
Draft Preliminary Environmental Study (PES) Project B
City review Draft PES
Prepare & Submit Final PES
Caltrans Review PES
Alternate Technical Studies (If needed)
Categorical Exemption/Categorical Exclusion (CE/CE)
LASE III - PLANS, SPECIFICATIONS AND ESTIMATES
Prepare Two Isometric Landscape Renderings
Prepare Preliminary Landscape Renderings
Prepare Design Cross Sections (50' Intervap
Hydrologic/Hydraulic Report
Prepare 75% Plans - Median, Striping, Landscape, TO
Prepare 75% Specifications and Estimate
Submit 75% PS&E & Review
Utility Coordination - 2nd Notice
Prepare 100% Plans - Median, Striping, Landscape, TO
Final Color Landscape Renderings
Prepare 100% Specifications and Estimate
Submit 100% PS&E & Review
Prepare Water Pollution Control Plan
Final Approved PS&E and Mylar Submittal
Utility Coordination - 3rd Notice
Prepare Resident Engineers Files
Begin Construction Technical Support
LASE IV -CALTRANS CONSTRUCTION AUTHORIZATION
Prepare and Submit RMI Certification
Caltrans Review of R/W Certification
Prepare and Submit RFA Package to Caftrans
Caltrans RFA Review and Approval
Client: City of Costa Mesa
Project: Placentia Avenue Median
Version: 1/14/14
CIT Y OF COSTA MESA
PLACENTIA AVENUE ME®IAN INSTALLATION PROJET
PRELIMINARY( PROJECT SCHEDULE
Start
Tue 214114
Wed 3126114
Tue 2/4/14
Tue 2/4/14
Wed 215114
Tue 2/11/14
Wed 2112/14
Tue 3/4/14
Wed 2/12114
Tue 2/18/14
Wed 3/5/14
Tue 3/11/14
Wed 3/19/14
Tue 3/25/14
Wed 3/26114
Wed 3/26114
Wed 3/12114
Wed 6/11114,
Wed 3112114
Tue 3/18/14,
Wed 3/19114
Tue 3/25/14
Wed 3/19/14
Tue 4/1/14
Wed 4/2/14
Tue 5/13/14
Wed 5/14/14
Tue 6/10114
Wed 6111/14
Wed 6/11/14
Wed 3112/14
Tue 7/29114
Wed 3/17114
Tue 3/18/14
Wed 3/12114
Tue 3/18/14
Wed 3/12/14
Tue 3/25/14
Wed 3112114
Tue 3/18114
Wed 3/26/14
Tue 4/22/14
Wed 4123/14
Tue 4/29/14
Wed 4/30/14
Tue 5/13/14
Wed 4/30/14
Wed 4/30/14
Wed 5/14114
Tue 6/3/14
Wed 5/14/14
Tue 5/20/14
Wed 614/14
Tue 6/10/14
Wed 6/11/14
Tue 6/24/14
Wed 6/11/14
Tue 6/24/14
Wed 6/25114
Tue 7/8/14
Wed 7/9/14
Wed 7/9/14
Tue 7/22/14
Mon 7/28/14
Tue 7/29/14
Tue 7/29/14
Wed 3/26/14
Mon 7121/14
Wed 3/26114
Tue 4/1/14
Wed 4/2/14
Tue 5/13/14
Wed 5/14114
Tue 5/27/14
Tue 5/27/14
Mon 7/21114
37 days
1 day Jkli
5 days
15 days
5 days
5 days - -
5 days
66 days 'r!�
5 days
I
10 spays
� 30 days
100 days 4111.�
5 days Ali
5 days
10 days
5 days I
20 days
84 days lit
5 days
30 days
6191
20 days
1 day
rl
�Y
5 days
10 days
1 day
15 days -_-- - -
5 days ...---- ----.
5
10 days r
10 days
10 ciays ~
1 day
5 days
1 day ■
7/21
10 days �
40 days
7/21
EXHIBIT E
CERTIFICATES OF INSURANCE
16 ONWARD ENGINEERING, INC.g
I
ONWAR-1 OP ID: SF
,a�oRo CERTIFICATE OF LIABILITY INSURANCE
DATEYYY,
011115/1115/1 4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 949-583-0300
INTACT
NAME:
L cl#OC30562olomon Ins Brokers 949-951-9342
23332 Mill Creek Dr Ste 135
Laguna Hills, CA 92653
PHONE E : ewe
E-MAIL
—
Kathy Shoffeitt
INSURERS AFFORDING COVERAGE NAIC R
INSURERA: Hartford Casualt
y Insurance Co 29424
INSURED Onward Engineering
INSURERB:Sentinel Insurance Company 11000
300 S. Harbor Blvd. Ste. #814
Anaheim, CA 92805
INSURERC:Oak River Insurance Compna 134630
INSURER D: HISCOX/Llo d's Syndicate 1047731
_
INSURER E:
72SBAUV3949
07/19/13
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
L�
TYPE OF INSURANCEIMIUM
BE CANCELLED BEFORE
POLICY NUMBER
MMIDDIYYYY
MMIDDIL'CYYEP
YYY
LIMITS
City of Costa Mesa
GENERAL LIABILITY
ACCORDANCE WITH THE POLICY PROVISIONS.
attn: Pritam Deshmukh
EACH OCCURRENCE $ 2,000,000
PREMISES Ea occurrence $ $00,000
A
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE � OCCUR
X
X
72SBAUV3949
07/19/13
07/19/14
MED EXP (Any one person) $ 5,000
X Business Owners
PERSONAL & ADV INJURY $ 2,000,000
X No Deductible
GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMP/OP AGG $ 4,000,000
X POLICY In. LOC
$
AUTOMOBILE
LIABILITY
COM81NIM INGLE LIMIT 1 OOO
(Ea acciden $ ,000
BODILY INJURY (Per person) $
B
X
ANY AUTO
72UECUM6814
07/21/13
07/21/14
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
AUTOS
HIRED AUTOS Nx
BODILY INJURY (Per accident) $
PROPER DAMA $
Per accident
X
Comp: $500Coll: $500
$
X
UMBRELLA LIAB X OCCUR
EACH OCCURRENCE $ 1,000,000
A
EXCESS LIAB J I CLAIMS -MADE
72SBAUV3949
07/29/13
07/19/14
AGGREGATE $ 1,000,000
DED I X I RETENTION $ 10,000
g
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERE�CUTIVE YONNIA
OFFICERIMEMBER E10.^Ll1DEp7
(Mandatory In NH}
If yyes, describe under
DESCRIPTION OF OPERATIONS below
X
'7200059189131
06/01113
06/01/14
XWC STA U- I O H-
I TQRX LIMIT ER
E -L EACH ACCIDENT $ 1,000,000
E.L DISEASE- EA EMPLOYEE $ 1,000,000
E.L. DISEASE- POLICY LIMIT $ 1,000,000
D
(Professional Liab
ANE111261413 08107/13
08/07114
Per Claim 1,000,00
Claims-Made7/24/04
IDED PER CLAIM $5,000
,Aggregate 1,000,80
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLESAttach ACORD 101, Additional Remarks Schedule, if more space Is required)
Median
RE: Design Engineering(Placentia Avenue protect
City of Costa Nlesa,its elected or appointed boards, officers, agents, and
employees are included as additional insured with primary non-contributory
wording applies per the Business Liability Form 550008, pagges(10-24. Waiver
of subrogation apples to ""'**PLEASE SEE ATTACHED NPOTEPAD-
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2010/05)
O 1988-2010 ACORD CORPORATION. All rights reser
The ACORD name and logo are registered marks of ACORD
CITYOFC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES
BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE
WILL BE DELIVERED IN
City of Costa Mesa
ACCORDANCE WITH THE POLICY PROVISIONS.
attn: Pritam Deshmukh
AUTHORIZED REPRESENTATIVE
77 Fair Drive
Costa Mesa, CA 92628-1200
ACORD 25 (2010/05)
O 1988-2010 ACORD CORPORATION. All rights reser
The ACORD name and logo are registered marks of ACORD
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10A (Ed 07-07)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA
BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us_)
The additional premium for this endorsement shall be _2.00 % of the total policy premium otherwise due on such
remuneration.
The minimum premium for this endorsement is $ -Ar
n n(L
Schedule
Person or Organization Job Description
ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ALL CALIFORNIA OPERATIONS
ISSUED
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy,)
Endorsement Effective 06101/2013
Insured ONWARD ENGINEERING
Insurance Company
Oak River Insurance Company
WC 99 04 10A
(Ed 07-07)
Policy No. 2200059189-131
Countersigned by
Endorsement No. 1
Premium $
L7�
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
Insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
Page 16 of 24
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7, Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c,
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
Form SS 00 08 04 0-
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
Form 33 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss In the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:
1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
operations; or
b. In connection with your premises owned
by or rented to you.
2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
Page 18 of 24
3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.
4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.
5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
addfional exclusions apply:
This insurance does not apply to:
(1) Any 'occurrence" that takes place
after you cease to lease that land; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
6. Additional Insured - State Or Political
Subdivision — Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown In the Declarations as an Addltlon
Form 33 OD 08 04
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision -
(e) Any failure to make such
Permits, but only with respect to
inspections, adjustments, tests or
operations performed by you or on your
servicing as the vendor has agreed
behalf for which the state or political
to make or normally undertakes to
subdivision has issued a permit.
make in the usual course of
b. With respect to the insurance afforded to
business, in connection with the
these additional insureds, the following
distribution or sale of the products;
additional exclusions apply:
(f) Demonstration, installation,
This insurance does not apply to:
servicing or repair operations,
except such operations performed
(1) "Bodily injury", "property damage" or
at the vendor's premises in
"personal and advertising injury"
connection with the sale of the
arising out of operations performed for
product;
the state or municipality; or
(s) Products which, after distribution
(2) "Bodily injury" or "property damage"
or sale by you, have been labeled
included in the "product -completed
or relabeled or used as a
operations" hazard.
container, part or ingredient of any
7. Additional Insured — Vendors
other thing or substance by or for
a. WHO IS AN INSURED under Section C. is
the vendor; or
amended to include as an additional
(h) "Bodily injury" or "property
insured the person(s) or organization(s)
damage" arising out of the sole
(referred to below as vendor) shown in the
negligence of the vendor for its
Declarations as an Additional Insured -
own acts or omissions or those of
Vendor, but only with respect to "bodily
its employees or anyone else
injury" or "property damage" arising out of
acting on its behalf. However, this
"your products" which are distributed or
exclusion does not apply to:
sold in the regular course of the vendor's
(i) The exceptions contained in
business and only if this Coverage Part
Subparagraphs (d) or (t); or
provides coverage for "bodily injury" or
" properly damage included within the
(11) Such inspections,
products -completed operations hazard".
adjustments, tests or servicing
as the vendor has agreed to
b. The insurance afforded to the vendor is
make or normally undertakes
subject to the following additional exclusions:
to make in the usual course of
(1) This insurance does not apply to:
business, in connection with
(a) "Bodily injury" or "property
the distribution or sale of the
damage" for which the vendor is
products.
obligated to pay damages by
(2) This insurance does not apply to any
reason of the assumption of
insured person or organization from
liability in a contract or agreement.
whom you have acquired such
This exclusion does not apply to
products, or any ingredient, part or
liability for damages that the
container, entering Into,
vendor would have in the absence
accompanying or containing such
of the contract or agreement;
products.
(b) Any express warranty
8. Additional Insured — Controlling Interest
unauthorized by you;
WHO IS AN INSURED under Section C. is
(c) Any physical or chemical change
amended to include as an additional insured
in the product made intentionally
the person(s) or organization(s) shown in the
by the vendor:
Declarations as an Additional Insured —
(d) Repackaging, unless unpacked
Controlling Interest, but only with respect to
solely for the purpose of inspection,
their liability arising out of:
demonstration, testing, or the
a. Their financial control of you; or
substitution of parts under
b. Premises they own, maintain or control
instructions from the manufacturer,
while you lease or occupy these premises.
and then repackaged in the original
container,
Form SS 00 08 04 05
Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work"
performed for that additional insured
and included within the "products -
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products -completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.
10. Additional Insured — Co -Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured — Co -
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
Page 20 of 24
The limits of insurance that apply to additional
insureds are described in Section D. — Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.
However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products: or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means a land motor vehicle, trailer or
semi -trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not Include
"mobile equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6. "Coverage territory" means:
Form SS 00 OB 04 05
a. The United States of America (Including its
territories and possessions), Puerto Rico
and Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you
in the territory described in a. above;
(2) The activities of a person whose home
is in the territory described In a.
above, but is away for a short time on
your business; or
(3) "Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.
7. "Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
8. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
9. "Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.
10. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
In. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b. Your fulfilling the terms of the contract or
agreement.
12. "Insured contract" means:
a. A contract for a lease of premises.
However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. — Liability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f. includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or "property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road -beds, tunnel,
underpass or crossing.
However, Paragraph f. does not include
that part of any contract or agreement:
Page 21 of 24
EXHIBIT F
CITY COUNCIL POLICY 100-5
17 ONWARD ENGINEERING, INC.
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;
09]
18 ONWARD ENGINEERING, INC.
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 ONWARD ENGINEERING, INC.
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;
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 ONWARD ENGINEERING, INC �P