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<,FoR�P City Council Staff Report
August 8, 2017
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Patrick Arciniega P.E., Senior Civil Engineer,
parciniega@newportbeachca.gov
PHONE: 949-644-3347
TITLE: Approve Professional Services Agreement with Mark Thomas and
Company for the Bayside Drive Improvement Project — Contract
No. 6406 (16R12)
ABSTRACT:
Staff issued a request for proposals for professional engineering services to prepare
construction documents for the Bayside Drive Improvement Project. Staff requests City
Council approval to enter into a Professional Services Agreement with Mark Thomas and
Company.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Professional Services Agreement with Mark Thomas and Co. of Irvine,
California, for a design and construction support services at a not -to -exceed fee of
$352,751.00, and authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this contract. It will be
expensed to the Measure M Fair Share Fund in the Public Works Department, Account
No. 12201-980000 -16R12.
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Approve Professional Services Agreement with Mark Thomas and Company for the
Bayside Drive Improvement Project — Contract No. 6406 (16R12)
August 8, 2017
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DISCUSSION:
The segment of Bayside Drive between Coast Highway and Jamboree Road/Marine
Avenue is scheduled for major pavement rehabilitation in the current Capital Improvement
Program budget. During development of the project scope, Public Works staff reviewed
this segment of Bayside Drive for potential mobility and safety enhancements. The
process also included an extensive public outreach campaign, public meetings and City
Council discussions on potential roadway modifications.
On May 9, 2017, Public Works staff again presented several design alternatives for the
Bayside Drive Improvement Project to the City Council. The alternatives incorporated
different levels of traffic calming, beautification, and multi -modal improvements for the
proposed Bayside Drive Improvement Project. After the presentation and public
comment, City Council directed staff to proceed with the design alternate to incorporate
traffic calming, beautification, multi -modal improvements and maintain a four -lane facility.
The proposed design maintains four travel lanes for the entire length of the project
segment, but utilizes reduced lane widths and strategically placed raised medians as
traffic calming measures. With the above -listed items, this concept will improve
pedestrian and bicycle access, beautify the roadway and may provide a slight speed
reduction with minimal impact to the flow of traffic.
In addition, this project will accomplish the following improvements to the roadway:
• Rehabilitate the roadway pavement and concrete sidewalks and maintain
intersection geometry/capacity at both the East Coast Highway and Jamboree
Road/Marine Avenue signalized intersections;
• Install strategically placed raised medians with drought -tolerant landscaping to
provide beautification, channelization and traffic calming without impacting turning
movements;
• Install colored pavement in non -raised medians areas to continue median
channelization while maintaining turning movements into/out of residential and
business driveways;
• Install a new sidewalk segment on the north side of roadway to improve pedestrian
access to the shopping center and reduce potential mid -block pedestrian crossing;
• Bicycle lane extension on south side of roadway to maintain a continuous bike
lane;
• Rehabilitate both the mid -segment pedestrian and Jamboree Road/Marine Avenue
traffic signals;
• Replace both the existing traffic signal at Jamboree Ave/Bayside Drive and the
existing Pedestrian Signal on Bayside Drive east of Harbor Island Drive;
• Install new Speed Feedback Signs to advise motorists of their speed.
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Approve Professional Services Agreement with Mark Thomas and Company for the
Bayside Drive Improvement Project — Contract No. 6406 (16R12)
August 8, 2017
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This project design will also include's two other portions of planned roadway pavement
rehabilitation segments: Jamboree Road from East Coast Highway to Bayside Drive and
Marine Avenue from Bayside Drive over the Balboa Island Bridge to the North Bayfront
Alley. The design will further look at options for rebuilding the retaining wall along the
eastside of Jamboree and additional landscape options for the sidewalk and parkway
along Bayside Drive.
Public Works staff sent requests for proposals to seven consulting firms for Engineering
Design services for the Bayside Drive Design project on December 20, 2016. On January
18, 2017, five proposals were received from the following firms:
1. Mark Thomas & Company, (288/300 points)
2. KCG — Kreuzer Consulting Group, (278/300 points)
3. Kimley-Horn, (253/300 points)
4. Stantec,
5. Michael Baker International.
The City's proposal review team consisted of three staff members from the Public Works
Department. Using City Council Policy F-14 and the qualification -based selection
process, the proposals were evaluated by the review team independently. Proposal
evaluations were based on the consultant's project understanding, experience,
qualifications, planning, approach, ideas and projected level of effort. All five firms met
the minimum qualifications but three firms were selected as the most qualified and
responsive firms. Meanwhile, in the months following Council's November 22, 2016
approval of the roundabout design, the community requested reconsideration of the
proposed roadway features.
On February 28, 2017, City Council directed staff to conduct further public outreach and
incorporate feedback into new design alternates. Staff hosted several community
discussions regarding the design alternates and returned to City Council based on
community input on May 9, 2017. City Council then directed staff to proceed with a
revised scope of work incorporating traffic calming, beautification, multi -modal
improvements and maintain a four -lane facility.
Staff then revised the scope of work and invited the top three engineering firms: KCG,
Kimley-Horn, and Mark Thomas and Company to submit revised proposals. These firms
were interviewed the week of July 10, 2017. Staff reviewed the proposals, evaluated
each firm's qualifications, past experience on similar projects, availability for this project
and evaluated the team in the interview. Mark Thomas and Company was ranked as the
most qualified. Staff negotiated with Mark Thomas and Company to provide design and
construction support services for a not to exceed fee of $352,751.00. Although, this is
their first project with the City of Newport Beach, Mark Thomas and Company has
satisfactorily completed similar street design projects for other agencies in Southern
California in the past.
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Approve Professional Services Agreement with Mark Thomas and Company for the
Bayside Drive Improvement Project — Contract No. 6406 (16R12)
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The proposed Scope of Work includes the additional Jamboree and Marine roadway
pavement rehabilitation segments along with necessary research and data collection,
preliminary design, utility coordination, topographic and field survey, geotechnical
investigation, permit coordination with Caltrans, right-of-way documents and easements
for the new sidewalk segment, preparation of final construction plans, specifications and
construction cost estimates, and bidding and construction support services. The design,
bidding and contract award is expected to take seven to nine months, and construction is
estimated to begin in the spring and run through the summer of 2018. Construction will
be scheduled to minimize summer impacts associated with the summer crowds including
the annual Balboa Island parade.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
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Attachment A
PROJECT LOCATION
D
BAYSIDE DRIVE
BAYSIDE DRIVE
REHABILITATION PROJECT
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-6406 1 08/08/17
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Attachment B
PROFESSIONAL SERVICES AGREEMENT
WITH MARK THOMAS & COMPANY, INC. FOR
BAYSIDE DRIVE IMPROVEMENTS - DESIGN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 8th day of August, 2017 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and MARK THOMAS & COMPANY, INC., a California corporation ("Consultant'), whose
address is 16795 Von Karman Ave, Suite 205, Irvine, CA 92606, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to Engineering services for Bayside Drive
Improvements (16R12) ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
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completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Forty Two
Thousand Six Hundred Fifteen Dollars and 001100 ($342,615.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Robert A. Himes, P.E. to
be its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
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8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement_ Anything in
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this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
10.2 Consultant agrees and acknowledges that no individual performing
Services pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least twenty (20) hours per week for one year or
longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS
member
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner orjoint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
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16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform -Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
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resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
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inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
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26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at-
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at-
Attn: Robert A. Himes, P.E.
Mark Thomas & Company, Inc.
16795 Von Karman Ave, Suite 205
Irvine, CA 92606
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Mark Thomas & Company, Inc. Page 9
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Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing rate
of per diem wages including legal holidays and overtime Work for each craft or type of
workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the Work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
Mark Thomas & Company, Inc. Page 10
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30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Mark Thomas & Company, Inc. Page 11
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEYOFFICE
Date:
By:
Aaron C. Harp o11
City Attorney
ATTEST:
Date:
am
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: Mark Thomas &
Company, Inc., a California corporation
Date:
By:
Robert A.
President
Date:
Himes
By:
Robert Matthew Brogan
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Mark Thomas & Company, Inc. Page 12
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EXHIBIT
SCOPE OF SERVICES
Mark Thomas & Company, Inc. Page A-1
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SCOPE OF WORK
Task 1. Project Management
1. Project ManagementICoordination/Meetings: Consultant will provide ongoing general
project management and coordination of subconsultants and internal staff. Agency
coordination, including coordination with the City and other project stakeholders will also
be provided. This will include coordinating with meetings, e-mails and phone calls as
necessary to manage this project.
2. Critical Path Method ("CPM') Schedule, Progress Reports and Budgets: At the project
kick-off meeting, Consultant shall distribute a master CPM schedule as a draft for review
by the Project Development Team (PDT). The draft CPM schedule will be updated,
incorporating comments received from the PDT. The CPM schedule will be prepared in
Microsoft Project and will be updated and prepared for discussion at each Progress
Meeting. Consultant will monitor project delivery cost and provide budget status reports
upon City request.
3. Quality Assurance/Quality Control: Consultant's Quality Control plan consists of
established procedures for performing the work (which are reassessed with each
project), including methods for design calculations, establishing appropriate levels of
design development for intermediate submittals, identification of required plan checks,
design checklists, and methods of project documentation. Consultant's project
manager will be responsible for internal and external quality control measures.
Task 1 Deliverables:
CPM Master Schedule
Task 2. Research and Data Collection
Consultant will obtain, from the City, available record drawings and other pertinent data
for the project including as-builts, GIS information, preliminary engineering reports, tract
maps, parcel maps, right of way maps, street centerline ties and utility information from
the City of Newport Beach, Orange County Public Works and Caltrans as necessary.
Task 2 Deliverables:
• Records Obtained from City and Outside Agencies
Task 3. Utility Coordination
1. Utility Mapping: Consultant will utilize As -Built data and utility maps obtained by the
utility companies to prepare base mapping and identify all utilities on the plans that are
within the project limits.
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2. Utility Conflict Mapping Procedure: Consultant will assist the City with the typical
"ABC" process of utility letters, which includes:
a. Utility "A" Letter — The Utility "A" Letters will be sent to each utility to request as -
built mapping of their facilities.
b. The utility mapping developed for the PS&E will be verified. The mapping will be
verified through topographic surveys.
c. Utility "B" Letter — Maps showing the utility mapping and the proposed
improvements will be sent to the utility companies for verification.
d. Utility "C" Letter — Final plans along with a letter will be sent to the utility companies
showing the existing utilities and the final design.
3. Potholing: If instructed by City's Project Administrator, Potholing will be utilized to
locate utilities to mitigate potential conflicts. Consultant will retain a vacuum pothole
company to positively identify the depths, material type, and size of known critical
facilities.
Task 3 Deliverables:
• Utility mapping shown on the basemapping
• Certified List of Utilities per USA
• Utility Conflict Mapping Procedure ("ABC" Letters)
• Pothole Data (optional)
Task 4. Field Surveying Services
The Consultant team will set temporary field control, including temporary benchmarks,
for use in topographic surveys throughout the project, including a minimum of three (3)
durable control points intended to be used during the construction phase.
The Basis of Bearings and Benchmark will be consistent with Orange County Survey
Horizontal Controls and the North American Vertical Datum 1988 (NAVD88).
The Consultant team will perform field survey to locate topographic features within
the project limits that may affect design. These features include: back of walks, top of
curbs, flow lines, edge of gutters, crown lines, manholes, water valves, street lights,
trees (2" dhb and larger), utility poles, traffic and utility pull boxes, signs, driveways,
ditches, culverts, etc. Cross sections at every 25 -feet will be provided along Bayside
Drive, Jamboree Road and Marine Avenue Bridge, and where critical features exist.
It is assumed the City will provide encroachment permits along local roads and East
Coast Highway from Caltrans (Consultant will prepare the encroachment permits for
the City's submittal). This task includes necessary traffic control during performance of
field surveys. It is assumed one day of traffic control will be necessary to complete the
field survey of Bayside Drive/Coast Highway intersection. Data collected from field
survey will be incorporated into Base Mapping prepared for the use of this project and
per Task 5.
Task 4 Deliverables:
• Point File in AutoCAD 2015 and Field Notes
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Task 5. Base Mapping
A base map of the existing conditions will be prepared for the project utilizing data
obtained from Task 2 through 4. Project base map will be in imperial units, showing
parcel lines, easements, right-of-way, existing utilities, centerlines and topographic
information including sidewalks, curbs, gutters, striping, etc. Consultant will prepare the
base sheet utilizing AutoCAD. The base map will include a digital terrain model and
topographic mapping at a scale of 1" = 40' with one -foot contour interval.
One survey control sheet will be developed including control points, basis of
coordinates, bearings and elevations.
Task 5 Deliverables:
• Topographic Survey (AutoCAD 2015)
• Digital Terrain Model ("DTM") of existing surface features
• Survey Control Sheet
Task 6. Geotechnical Investigation
1. Background Review: Leighton Group, Inc. ("Leighton") will review geotechnical
reports and geology maps available in their in-house library pertinent to the site or
other readily available background materials. In Leighton's review, Consultant will
look for information on the existing street and pavement (as -built information to be
provided by City) as well as potential geotechnical issues that may significantly
impact the site and affect the proposed field exploration and laboratory testing
program.
2. Pavement Condition Survey: Leighton will walk the site with city maintenance to conduct
a condition survey of the existing pavement to visually assess the structural integrity of
the pavement and to identify appropriate pavement rehabilitation alternatives. The
condition survey will identify distresses such as fatigue cracking, longitudinal and
transverse cracking, rutting, patched and utility cuts, distortions and depressions, and
weathering and raveling. Leighton's levels of severity and locations will be noted and
photo document will be provided.
3. Retaining Wall Foundation Exploration: Leighton will perform subsurface exploration
consisting of drilling, logging and sampling 2 borings at the new retaining wall on
Bayside Drive and 1 boring at the existing wall on Jamboree Road. The borings will be
drilled 15' below the existing ground surface. All borings will be drilled to the proposed
depths or auger refusal, whichever is shallower, and will be logged by a member of
Leighton's staff. Representative soil samples of the subgrade will be collected directly
below the existing pavement and at the selected depths, and transported to their
laboratory for testing. The borings will be backfilled with native material. Prior to the
field exploration, they will Premark the proposed boring locations and contact
Underground Service Alert (USA) and the City for utility clearance.
4. Laboratory Testing: Leighton will conduct geotechnical testing on sampled earth
materials in our laboratory for soil classification and to evaluate engineering properties.
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This testing will include in-place moisture content and dry density, R -value, and direct
shear. The R -values will be calculated based on the design Traffic Index to be provided
to Leighton. Sulfate content tests will be performed on near surface samples to assess
corrosively of onsite soils.
5. Pavement Design: Leighton will perform geotechnical analyses of the collected data to
evaluate the existing pavement conditions and develop recommendations for pavement
rehabilitation. Leighton will determine the grind and overlay thickness to extend the
pavement design life for the Traffic Index to be provided by the City. Leighton's
analyses will follow the guidelines in California Test Method 356. Leighton will also
evaluate failed pavement areas and provide recommendations for new pavement
section. For design of new asphalt pavement, Leighton will use the methods in Caltrans
Highway Design Manual.
6. Report Preparation: Based on the collected field and laboratory data and results of the
pavement analysis, Leighton will develop the pavement sections and subgrade
preparation for the proposed reconstruction. Leighton will prepare a report presenting
Consultant's geotechnical findings, conclusions and recommendations that will be
signed and stamped by a California -licensed Geotechnical Engineer (GE). The report
will include a boring location map, boring logs, and geotechnical testing results, and
address the following:
Site Conditions: Leighton will review and summarize surface, subsurface and
groundwater conditions, and engineering properties of soils encountered during
our geotechnical exploration. They will discuss excavation characteristics of
encountered subsurface materials, including ease or difficulty of excavation.
Pavement Design: Leighton will provide recommendations for new pavement
sections and pavement rehabilitation consisting of grind and overlay.
Foundation Design: Leighton will provide geotechnical parameters for
shallow foundation design.
- Lateral Earth Pressures: Leighton will provide recommendations for lateral
earth pressures acting on retaining walls. We will also provide
recommendations regarding frictional and passive values for resistance of
lateral forces.
Task 6 Deliverables:
• Geotechnical Pavement Rehabilitation and Foundation Report
Task 6.1 Overhead Sign Foundation and Roadway Borings
Leighton will perform subsurface exploration consisting of drilling, logging and sampling 2
borings at the existing overhead sign locations (one on Bayside Drive and one on Jamboree
Road) and 5 pavement borings within the project limits. The borings for the overhead sign
foundations will be drilled 15' below the existing ground surface and the borings in the
pavement will be 5' deep. All borings will be drilled to the proposed depths or auger refusal,
whichever is shallower, and will be logged by a member of their staff. Representative soil
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samples of the subgrade will be collected directly below the existing pavement and at the
selected depths, and transported to their laboratory for testing. The borings will be backfilled
with native material. Prior to the field exploration, they will Premark the proposed boring
locations and contact Underground Service Alert (USA) and the City for utility clearance.
Task 7. Traffic Signal Design Services
LIN Consulting (LCI) will prepare Traffic Signal Rehabilitation plans and Specifications for a
replacement of the existing traffic signal at Bayside Drive/Jamboree Road and the
pedestrian signal along Bayside Drive. The plans will also include replacement of street
signs and the informational signs on Bayside Drive and Jamboree Road approaching the
Bayside Drive/Jamboree Road intersection. The traffic signal plans will be prepared at 50%,
90% and 100% submittal packages. The plan will be prepared at 1"=40' scale, double
stacked.
1. Visual Inspection and Field Inventory: LCI will perform a visual inspection of the traffic
signal poles, overhead sign poles and equipment at Bayside Drive/Jamboree Road -
Marine Avenue and the traffic signal poles and equipment at the midblock pedestrian
signal on Bayside Drive to determine if the existing equipment meets current standards.
LCI will document the findings in a letter report.
2. Traffic Signal Design:
- Bayside Drive/Jamboree Road -Marine Avenue — LCI will prepare a plan which
shows the existing traffic signal and overhead sign system. The plan will show
the installation of Accessible Pedestrian Signal (APS) equipment and the
replacement of existing detector loops on all approaches. The plans will include
new poles and mast arms if replacement is required.
PCH/Jamboree Road — LCI will design new replacement loops for the south leg
of the intersection. The installation of new loops will be shown on either the street
improvement or signing/striping plans.
PCH/Bayside Drive - LCI will design new replacement loops for the south leg of
the intersection. The installation of new loops will be shown on either the street
improvement or signing/striping plans.
Mid -Block Pedestrian Signal — LCI will prepare a plan which shows the existing
traffic signal at the mid -block pedestrian signal on Bayside Drive west of
Jamboree Road. The plan will show the installation of Accessible Pedestrian
Signal (APS) equipment and the replacement of existing detector loops on both
approaches. The plans will include new poles and mast arms if replacement is
required.
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Specifications and cost estimates will be prepared. The PS&E package will be submitted to
the City (Bayside Drive/Jamboree Road -Marine Avenue and mid -block Bayside Drive) and
to the City and Caltrans (PCH/Jamboree Road and PCH/Bayside Drive) for review and
comments.
Task 7 Deliverables:
• Traffic Signal Plans (50%, 80% and 100%)
Task B. Structural Design Services
Consultant will provide structural design services for a standard retaining wall system
for the new sidewalk between the pedestrian signal at Bayside Drive to the intersection
at Bayside Drive and East Promontory Drive, approximately 580 LF and design a new
retaining wall or new stem wall on the existing footing for the retaining wall located on
the east side of Jamboree Road. The retaining wall plans will be prepared at 50%, 80%
and 100% submittal packages. The plans will be prepared at 1 "=20' scale.
Task 8 Deliverables:
• Retaining Wall Plans for Wall on Bayside Drive (50%, 80% and 100%)
• Retaining Wall Plans for Wall on Jamboree Road (50%, 80% and 100%)
Task 9. Roadway Renderings/Landscape Concepts
Consultant will develop up to 4 renderings of the new roadway improvements,
decorative pavement, landscaping, retaining walls and other items, with the intent of
showing them to the public.
Consultant will develop a conceptual landscape corridor exhibits for three alternatives.
The alternatives will include: "minimal" improvements, "standard" landscape
improvements, and "enhanced" landscape improvements. The purpose of the design
package is to receive feedback from City staff and Council before proceeding to 50%
PS&Es.
Task 9 Deliverables:
• Roadway Renderings (4)
• Conceptual Landscape Corridor Exhibits (3 Alternatives)
Task 10. Environmental Documentation
Consultant will provide developed project CADD files to help support the City prepare
the CEQA document.
Task 10 Deliverables:
• AutoCAD 2015 CADD files
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Task 11. Permitting
Consultant will provide the coordination to obtain applicable permits from Caltrans, City
departments and other public agencies, as necessary to facilitate the project work as
described in this scope. This includes the two encroachment permits required from
Caltrans for loop detector reconstruction at PCH/Bayside Drive and PCH/Jamboree
Road. The first encroachment permit is for the initial encroachment permit to perform
engineering evaluation and surveys to be prepared by the Consultant team and
submitted by the City, the other is the one necessary to begin construction, which will be
prepared by Consultant and submitted to Caltrans encroachment permits department for
approval. A coastal commission permit is not anticipated for this project.
Task 11 Deliverables:
• Caltrans Encroachment Permit to Perform Investigations (2 locations)
• Caltrans Encroachment Permit for Design Approval (2 locations)
Task 12. Right -of -Way
Consultant will perform record research at the City, County and Caltrans to locate
recorded control maps, right-of-way maps, records of survey, corner records, and other
maps of record necessary to determine the RNV limits within the area of the proposed
project. Consultant team will perform a field survey to search and locate existing
survey monuments and physical evidence required. Precise right of way will be
delineated at the acquisition parcel; the remainder of the project will have right of way
shown based on record mapping. The monument ties will be analyzed in the Existing
Right of Way delineation.
At the two (2) anticipated easement acquisitions on Bayside and Jamboree, the affected
parcel lines will be delineated based on field ties to monumentation.
This scope assumes that two (2) plat and legal descriptions will be prepared covering
one temporary construction easement and one permanent easement acquisition for one
parcel impacted at the anticipated retaining wall on Bayside Drive. These will undergo
one review by the City for technical accuracy before being signed and wet -stamped. It is
assumed the existing wall and the replacement wall at Jamboree Road is located within
the existing roadway right of way and will not require easements.
As required by law, it is anticipated that existing monument potentially impacted by the
project will be referenced in the field and corner records drafted. At this time, it is
assumed that no monuments will be impacted. It is assumed that if monuments need to
be protected, the contractor will tie the monuments or the Consultant team will tie the
monuments prior to construction if requested by City's Project Administrator.
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Task 12 Deliverables:
• Temporary Construction Easement (Bayside Drive Retaining Wall)
• Permanent Easement (Bayside Drive Retaining Wall)
Task 13. Final Design
Plans: Consultant will prepare 50%, 80% and 100% level design plans, specifications
and estimates based on the approved GAD concept. The PS&E packages will include at
minimum: Title Sheet, Typical Sections, Street Plans, Details, Grading Plans, Signing
and Striping, Retaining Wall, Traffic Signal Modifications, Irrigation and Landscaping.
The drawings will be prepared in AutoCAD 2015 and will be prepared at a scale of
1 "=40' with details shown at 1 "=20' and/or 1"' as needed.
2. Cross Sections: Final cross sections at every 25 -feet will be provided at the submittal of
the 100% level design plans.
3. Special Provisions: Consultant will prepare Special Provisions in accordance with the
Greenbook - Standard Specifications for Public Works Construction (2004 Edition) in
Microsoft Word. The specifications will include a bid item list as typically required in the
General Provisions and to be included as part of the Contractor's bid list.
4. Cost Estimate: Consultant will prepare an Engineer's Estimate of Construction Costs
based on estimated quantities and available construction cost utilizing Caltrans Contract
Cost Data, RS Means and/or readily available data from similar past projects. Backup of
all quantities and unit cost will be provided prior to construction. Consultant will utilize
contingency values based on industry standards, however, City to agree upon these
values. Construction Cost Estimate will be prepared and submitted in Microsoft Excel
format.
Task 13 Deliverables:
• Plans (50%, 80% and 100%)
• General Cross Sections (100%)
• Special Provisions (50%, 80% and 100%)
• Construction Cost Estimate (50%, 80% and 100%)
Task 14. Progress Meetings
Consultant will meet with City staff and the Project Development Team (PDT) during
the design process to review and discuss progress. Consultant will take the lead in
PDT meetings. This work includes preparation of meeting agenda, arrangement of
attendance of meeting participants, and preparation and distribution of meeting notes,
including a recap of actions to be taken prior to the next meeting. Consultant will
prepare materials, attend, conduct and prepare meeting notes for the following
anticipated meetings: Kick-off Meeting (1), Project Submittal Meetings (3), Progress
Meetings (5), Pre -Bid (1) and Pre -Construction Meeting (1).
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Task 14 Deliverables:
• Kick-off Meeting (1) Agenda and Notes (E-mail)
• Project Submittal Meetings (3) Agenda and Notes (E-mail)
• Progress Meetings (5) Agenda and Notes (E-mail)
• Pre -Bid Meeting (1) Agenda and Notes (E-mail)
• Pre -Construction Meeting (1) Agenda and Notes (E-mail)
Task 15. Public Meetings
Consultant will attend, present and provide presentation materials for up to two public
meetings. Consultant will update the public on the status of the project and receive
feedback on the design features such as: roadway layout, landscape concepts, and
decorative features.
These meetings include City Council meetings, Home Owners Association meetings,
and other community meetings.
Task 15 Deliverables:
• Public Meeting Exhibits
Task 16. Construction Support Services
1. Bid Phase: Consultant will provide the City support during the bidding phase of this
project by reviewing and responding to Request for Clarifications, issuing Addenda to
the bid package as necessary to facilitate construction, attending the pre -construction
meetings. Design revisions related to contractor preference are the overall approval
design concept are not anticipated.
2. Construction Phase: Consultant will provide assistance to the City during the
construction phase of this project. This includes: attending meetings, answering RFI's,
reviewing submittals, reviewing shop drawings, field observations, interpretation of bid
documents, and clarifications. Consultant will also assist the City in reviewing
Construction Change Orders and changes in field conditions. A 6 -month construction
duration has been assumed in order to estimate the effort required for this task.
3. Record Drawings: Upon completion of construction and during project closeout,
Consultant will prepare record drawings from a redlined set (provided by the City)
documenting revisions to the final conformed bid set for City records.
Task 16 Deliverables:
• Respond to Request for Clarifications (as necessary)
• Addenda (as necessary)
• RFI's (8 total)
• Submittals (8 total)
• Record Drawings (As-Builts)
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EXHIBIT B
SCHEDULE OF BILLING RATES
Mark Thomas & Company, Inc. Page B-1
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Exhibit B
BILLING RATES
Position Rate (Per Hour)
PROJECT MANAGER
$260
QA/QC MANAGER
$192
CIVIL LEAD
$192
DESIGN ENGINEER
$101
SENIOR SURVEY MANAGER
$210
LAUD DIVISION MANAGER
$243
PROJECT LANDSCAPE ARCHITECT
$118
LANDSCAPE DESIGNER
$112
PROJECT SURVEYOR
$150
SURVEYOR
$120
SENIOR TECHNICIAN (CADD)
$115
SENIOR GRAPHICS ARTIST
$120
SENIOR PROJECT COORDINATOR
$110
TOTAL NOT -TO -EXCEED: $342,615.00
10-29
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Mark Thomas & Company, Inc. Page C-1
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D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
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B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limitinq. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
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