HomeMy WebLinkAbout08 - Old Newport Blvd & West Coast Hwy ModificationsCITY OF
4 �gW Poor
U S
c� 00.P duty Councpp Staff Report
Agenda Item No. 8
May 14, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Webb, Public Works Director /City Engineer
949- 644 -3328, dawebb @newportbeachca.gov
PREPARED BY: Patrick Arciniega P.E., Senior Civil Engineer
949 -644 -3347, parciniega(a�newportbeachca gov
APPROVED:ia
TITLE: Approve Professional Services Agreement with Kreuzer Consulting
Group for Old Newport Boulevard and West Coast Highway
Modifications — Contract No. 5244
ABSTRACT:
Staff requests approval of a Professional Services Agreement to provide engineering
design services for improvements to the Old Newport Boulevard and West Coast
Highway Intersection.
RECOMMENDATION:
Approve a Professional Services Agreement with Kreuzer Consulting Group (KCG) of
Seal Beach, California, for design and construction support services at a not -to- exceed
fee of $324,734.00, and authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for engineering design services
within the Measure M and General Fund accounts, 7013- C2002060 and 7284-
C2002060 respectively.
DISCUSSION:
The proposed project is located at the intersection of Old Newport Boulevard and West
1 of 48
Approve Professional Services Agreement with Kreuzer Consulting Group for Old
Newport Boulevard and West Coast Highway Modifications — Contract No. 5244
May 14, 2013
Page 2
Coast Highway in the City of Newport Beach. The project limits begin approximately
1,000 feet east and end 400 feet west of Newport Boulevard along West Coast
Highway. Currently there are three westbound and two eastbound lanes within the
project limits. The third westbound lane terminates as a right turn lane at Old Newport
Boulevard. The proposed improvements involve widening the north side of West Coast
Highway to add a third through lane, a possible right turn pocket at Old Newport
Boulevard, and a bike lane on the north side of West Coast Highway. Old Newport
Boulevard may also be realigned further to the west at the intersection with West Coast
Highway. This project will include storm drain modifications, landscape and irrigation
improvements, utility relocation and adjustments, and signing and striping. Based on
conceptual review of the project, some right -of -way acquisition most likely will be
required from adjacent parcels to allow for the third vehicle and bicycle lane.
This portion of West Coast Highway is currently under Caltrans' jurisdiction and staff will
be coordinating with Caltrans during the design and environmental review process.
Design efforts will be funded by OCTA Measure M2 and local funds. It will be
necessary to identify funding for construction in the CIP budget process in future years.
In accordance with Council Policy F -14, on January 7, 2013, staff invited five
Engineering firms to submit proposals for design of this intersection improvement. Five
proposals were received on February 4, 2013. A team of Public Works staff members
reviewed the proposals and evaluated each firm's qualifications, past experience on
similar projects, and availability for this project.. Interviews were held in early March with
the 2 highest ranked firms and staff ranked KCG as the most qualified. Staff negotiated
with KCG to provide design and construction support services for not to exceed fee of
$324,734. KCG has satisfactorily completed similar street intersection design projects
for other agencies in Southern California in the past.
The scope of KCG's professional services includes the following:
• Preliminary design, which includes field survey, utility coordination, design
recommendations and coordination with Caltrans.
• California Environmental Quality Act (CEQA) document preparation.
• Any necessary Right -of Way document preparation.
• Design, which includes the preparation of construction documents.
• Post design, which includes bidding and construction support services.
ENVIRONMENTAL REVIEW:
As part of the preliminary design effort, staff will prepare and fill out an environmental
checklist per California Environmental Quality Act (CEQA) to determine what level of
review will be necessary for the project. It is anticipated that a mitigated negative
declaration (MND) may be required. The environmental review will be prepared per
CEQA.
2 of 48
Approve Professional Services Agreement with Kreuzer Consulting Group for Old
Newport Boulevard and West Coast Highway Modifications — Contract No. 5244
May 14, 2013
Page 3
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).
Submitted by:
(,1 at/ //,. �'. David A, Webb
Public Works Director
Attachments: A. Location Map
B. Professional Services Agreement with Kreuzer Consulting Group
3 of 48
OI PP�\�,c'.
0' P
r` O
Avo
N ST
' , 1
- - COAST HWy
-- - - - - -� � -J � - - -- -
'-- - - - - - - - - -
--WEST
I -
PROJECT LOCATION /
r
COAST HIGHWAY WIDENING AT
OLD NEWPORT BOULEVARD
LOCATION MAP
I
II �
,le
Attachment A
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
N.T.S. X OF
(`_XXXX R- XXXX -S
3
z
b
3
ATTACHMENT B
PROFESSIONAL. SERVICES AGREEMENT
WITH KREUZER CONSULTING GROUP FOR
OLD NEWPORT BLVD & WEST COAST HWY MODIFICATIONS
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and
entered into as of this 25th day of April, 2013 ( "Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City"), and RAK Development, Inc, a California corporation doing business as ( "DBA ")
KREUZER CONSULTING GROUP ( "Consultant'), whose address is 320 Main Street,
Unit D, Seal Beach, California 90740, 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 perform civil engineering services for the
design of Old Newport Boulevard and West Coast Highway ('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 December 31, 2014 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
5 of 48
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in E=xhibit 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 Twenty Four Thousand Seven Hundred Thirty Four Dollars
($324,734.00), 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
Kreuzer Consulting Group J PagUL
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Rick Kreuzer, PE, 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 norrkey 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
Senior Civil Engineer 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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
- - as
Kreuzer Consulting Group Page
8,2 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 the highest professional standard.
8.3 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.
8.4 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 "), which may arise under this Agreement or in
any manner 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.
9.3 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,
48
Kreuzer Consulting Group Page 4
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and /or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole 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
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
48
Kreuzer Consulting Group Page
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 or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint - venture or syndicate or co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint - venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein; the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (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
48
Kreuzer Consulting Group Page 6
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents 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.
18. 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.
19. 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.
20. 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 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.
21. 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
Kreuzer Consulting Group page gf 48
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.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
25, NOTICES
25.1 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Kreuzer Consulting Group Pag &8f 4a
Attn: Patrick Arciniega, Senior Civil Engineer
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Rick Kreuzer, PE
Kreuzer Consulting Group
320 Main Street, Unit D
Seal Beach, CA 90740
26. 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.).
27. TERMINATION
27.1 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.
27.2 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 Consultant has not been previously paid. On the effective date of termination,
Kreuzer Consulting Group Pagt J48
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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
28.3 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 tern, covenant or condition contained herein, whether
of the same or a different character.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
Pager9 �
Kreuter Consulting Group 48
28.10 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 of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 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.
28.12 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.
[SVGNATVRES ON NEXT PAGE]
Kreuzer Consulting Group Page1g`j48
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: `1 I?1= Date:
By:
V�� r By.
Aaron C. Harp Keith D. Curry
City Attorney Mayor
ATTEST: CONSULTANT: RAK Development, Inc. a
Date: California corporation, doing business as
( "DBA ") Kreuzer Consulting Group
Date:
By By:
Leilani I. Brown Rick Kreuzer, PE
City Clerk President
Date:
Bv:
Kim Kreuzer
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Kreuzer Consulting Group Page'1248
EXHIBIT A
SCOPE OF SERVICES
48
Kreuzer Consulting Group Page A -1
MAC
4t2?,' "QI'SGatl�EtOFaVU�ORK; . —� _ . ,
The following outlines our overall approach to the project. Each work task is presented below. for the
key tasks, we have provided a brief overview or understanding of that task and the general approach
KCG will be taking to insure successful completion of that item of work. This narrative will serve to point
out key elements and challenges of the work involved and how we propose to address those challenges,
Our understanding /approach is delineated in the gray shaded boxes under each key task. Immediately
below these boxes is the detailed scope of work for each task which provides clear definition of the
Items of work and /or subtasks which will be completed under each and every task.
We have also Included some proposed optional subtasks for the City's consideration. These tasks are
contained in blue boxes underthe appropriatetask.
TASK 1.0 — PROJECT MANAGEMENT, ADMINISTRATION AND MEETINGS
Proposal for City of Newport Beach -01d Newport Boulevard & West Coast Highway Mod if!cations
18 of 48
Scope of Work: Under this task, KCG will be responsible for overall project management, leadership of
the Project Development Team (PDT); and monitoring project progress and maintenance of files. KCG
will supervise, coordinate and monitor all project activities and deliverables to insure they are in
conformance with City requirements.
I(CG will prepare monthly progress reports to accompany each monthly invoice. These reports will
address the work accomplished during the previous month; work anticipated during the upcoming
month; progress schedule; and any and all issues encountered, highlighting any potential issues which
may impact the scope of work for the project.
The KCG Project Manager and appropriate team members will meet with City staff on a regular basis to
review and discuss progress and chart courses of action. For purposes of this proposal, we have
assumed the following meetings with City staff will be required:
• Kickoff meeting
• Submittal meetings at the completion of:
Preliminary Design
— Draft Environmental Document
— 50% Final Design
— 80% Final Design
— 100% Final Design
• Up to 5 additional design team meetings throughout the course of the project.
• Pre -bid meeting
• Pre - construction meeting
Meetings will also be required with Caltrans District 12, summarized as follows:
• Initial meeting to highlight project issues and objectives.
• Follow -up meeting (1 each) to review alternatives and obtain concurrence on the preferred
alternative.
Proposal far City of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications
19 of 48
Additional meetings (2 each) to coordinate project activities and progress.
As part of this task, KCG will also attend, as requested, Planning Commission or City Council meetings
required to support the project. If graphics and /or PowerPoint presentations are required, KCG will
provide this work under this task at no additional cost.
The KCG Project Manager will lead all meetings for the entire project duration unless otherwise directed
by the City. An agenda will be distributed to all attendees two days prior to each meeting and meeting
minutes, with emphasis on action Items, will be circulated within two days after each meeting.
Project schedule with updates.
• Monthly status reports.
• Meeting agendas and minutes.
• Project graphics, as needed.
• PowerPoint presentations, if needed.
TASK 2.0 — RESEARCH AND DATA COLLECTION
Scope of Work: The objective of this task is to research and obtain all existing information pertinent to
the project.
With regard to surveys and right of way, the I(CG team will assemble project data related to surveys and
right of way (ROW). Specifically, we will obtain data from OC Survey, OC Assessor Office, Caltrans
District 12 Right of Way Engineering and the City of Newport Beach Public Works Department.
Additional project information which will be collected including, but not necessarily limited to, is:
Utility Record Drawings (see Task 3.0)
Centerline Intersection Ties
m Benchmark Information
n R/W Easements and Deeds
TASK 3.0 — UTILITY RESEARCH AND COORDINATION
Proposalior Clty of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications
20 of 48
relationshiprwith all utility agencies I volbed It certainly requiies the establishment_of the existing=
location of utilities az a first step but the real key Is identifying the Impacts to these'facillties early on m
the design process and coordipatog proactively with the'iaffected agency,staff /service plan�nePS to'
mitigate :those Impacts and facl6taterneeded relocations Overlooking orladdressmg utl ity Impacts late''
ln th6"designiprocess usuallytresults in negative schedule impacts dunng< construction Based upon.
resear`'h_ completed Ahere area multitude`fof exsting utilities wlthm the protect footprint rsummar_izetl IT
s l
t:l
^ 10 gas Socal Gas
12" high pressure gass(Socal Gas) i 8 water (CNB) u
° 16' gas (Socal Gas) '^ 12 water m 24 scasing (CNB) `lines and vaults
24' 27' sewer (OCSD) _ Varlousunderground electrical (SCE)
° 15' abandoned sewer (OCSD) Uanoiis storm drains (CNB) '
36t force main (OCSD) r 24 +water (CNB) ' e -
tk
b sewer(CNB) u6
Scope of Work: Utility coordination will he ongoing throughout the duration of the project. The utility
research and coordination efforts on the project will consist of the following:
Obtain plans showing location and size of all utility lines and appurtenances within the project
area.
Plot utility lines on Base Map (Task 5.0)
Cross check plotted locations above with detailed topographic survey information to insure that
existing lines are shown in proper location. Field checks will be performed as necessary.
Upon establishing the proposed improvements, determine where potential utility conflicts exist
and where utility relocation is warranted.
Coordinate with affected utility companies regarding conflicts, relocations and improvements.
This coordination effort will require providing updated plans to the utility agencies for the
proposed improvements and also meeting with the carious utility service planners on the project
site, as necessary, to discuss conflicts and /or relocations. Two (2) full sets of plans will be
submitted for comment to each utility agency concurrent with all KCG submittals on the project.
All correspondence to utility companies will be sent via certified mail and will be copied to the
Cih, of Rparh-
Optional Item - ;Utifify Roth _
We would anticipate the need to complete pot o Mg-GU existing utilities to support the design effort.
We ha�pro Iv ded a unit cost per hole for potholing in our fee s1P2t}al ould this woii< be needed.
TASK 4.0- AERIAL MAPPING AND FIELD SURVEV
Overview ' /= Approach Horizontal and vertical control will be established as the,first order bf.business in
order to Initiate the -6enal mapping for the prolecf- Aerial topographic mapping will be-obtained for the
limits delineated on the following figure.
Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications
21 of 48
Scope of Work: Aerial topographic mapping will be provide at a scale of 1" = 20' with 1 foot contour
intervals.
This task also involves all ground survey required to supplement the aerial topographic mapping to
facilitate the design of the project Improvements, summarized as follows:
u Cross Sections at 25' intervals with intermediate shots along gutter flow line and all other areas
where low points are visibly observed.
m Locations and elevations of all site features (utilities; trees, walls, curbs, pedestals, etc.) within
the proposed project area. This data will be compiled into a data base depicting the horizontal
and vertical location (x /y /z) of all site features.
* Vertical elevations (rim and invert) of all sewer manholes, storm drain manholes, junction
structures and catch basins.
All survey work shall be in conformance with Orange County Survey Horizontal Controls and the North
American Vertical Datum, 1988.
tl f'r.i' ,r )�i;3yT�SIC r�Q� @INEPgbIC5 t�i3dr 3,rr ,'xzix;�
• One reproducible original of the aerial
topographic base map.
• Flectronic file of the aerial topographic base
map.
Proposal for City of Newport Beach —Old Newport Boulevard & W est Coast Highway Modifications
22 of 48
TASK 5.0 — BASE MAPPING
Scope of Worl : Aerial topographic mapping (Task 4.0) will be downloaded into KCG's system. Utilizing
information obtained under Task 2.0, 3.0 and 4.0, I<CG will add all existing site features such as property
lines, street right of way lines, underground utilities and other surface features not depicted on the
aerial mapping, Accurate project base mapping will be insured via field verification by the Project
Manager.
TASK 6.0 —TRAFFIC STUDY
Scope of Work: Advantec will be completing the traffic study for the project in close coordination with
the KCG project manager. This work effort will include the following subtasks:
Subtask 6.1- Collect Existing Information: Collect existing traffic relating information including, but not
necessarily limited to, the following;
• Existing as -built plans
• Aerial photographs
• Other pertinent information available from the City of Newport Beach
Subtask 6.2- Traffic Analysis and Report: Advantec will utilize Counts Unlimited to collect vehicle
turning movements and ADT (Average Daily Traffic) counts as follows:
Proposal for City of Newport Beach —old Newport Boulevard & West Coast Highway Modifications
23 of 48
A Collecting Average Daily Traffic (ADT) volume counts will be obtained on the following roadway
segments:
1. Newport Boulevard (SR -55) Overcrossing of SR 1
2. SR 1 Undercrossing of SR 55
3, SR 1 Undercrossing to SB SR -55 ramp
4. SB SR 1 to NB SR -55 ramp
5. NB SR -55 to SB SR 1 ramp
6. Old Newport Boulevard at SR 1
7, NB SR 1 to SB SR -55 loop ramp
8, SB SR -55 to SR 1 ramp
9. NB SR -55 to Old Newport Boulevard ramp
10. Old Newport Boulevard to NB SR -55 ramp
a Peak Hour vehicle classification, pedestrian and bicycle counts at the intersections of
1. West Coast Highway (SR 1)/ Old Newport Boulevard (Two -way stop controlled)
2. SR -55 SB Off-ramp/ West Coast Highway (Signalized)
3. SR -55 NB ramps /Old Newport Beach Boulevard (Two -way stop controlled)
Counts will include pedestrian, bicycle counts for the intersections and segments within the project
area, and they will be collected during weekday AM, PM peak periods (2 -hour each period) and
weekend Mid -Day peals period. Peak hours will be identified and concurred with City prior to
commencement of traffic analysis work.
Available OCTAM model for the area will be used to develop Horizon Year (2040) traffic data for
intersections and segments within the project limits. Opening Year (2016) traffic data will be derived
from ambient growth rates that will be calculated by comparing existing and future (horizon year, 2040)
traffic volumes.
Advantec will perform Level -of- Service, delay and queuing analysis in accordance to the Highway
Capacity Manual (HCM) 2010 methodologies for LIP to three project build alternatives at the
intersections and roadway segments. Analysis will present "Existing ", No -Build and Build "Opening
Year ", and "Horizon Year" scenarios. Advantec will determine optimum traffic lane configurations based
on such an analysis. Line -of -sight analysis will also be conducted forthe proposed improvements.
The Traffic Analysis and Report will be prepared in accordance with the Caltrans Guide for the
Preparation of Traffic Impact Studies, latest edition and other formatting/ contract requirements, as
defined by the City's Traffic Engineer.
Subtask 6.3-Detailed field Review /Inventor; KCG /Advantec will conduct field surveys /inventories of
the intersection improvement limits. The objective of the field review will be to confirm and verify
information to be used during design. Data obtained to be used to prepare the design plans for review
will include existing geometry, lane configurations, lane widths, location of traffic control equipment,
etc.
Proposal for City of Newport Beach — old Newport Boulevard & West Coast Highway Modifications
24 of 48
[TIA71
Features to be observed and documented during the field review /inventory include:
• Existing street and lane geometries, curbs, median, sidewalk width, etc.
• Special characteristics such as proximity to adjacent intersections, location of driveways, parking
prohibition, and other factors that may impede the efficiency of operation.
During the field review /inventory process, we will also:
• Note any geometric deficiencies at the intersection;
• Evaluate the current efficiency of the traffic signal system;
• Identify traffic congestion;
• Make note of any simple, low cost improvements that may be considered by the City.
Our inventory will include features such as the existing geometry, right -of -way, lane configurations, lane
widths, signal and pedestrian poles, street lighting poles, communication and power conduits and pull
boxes, etc. Geometric features of the Inventory will be utilized along with traffic data (subtask 6.2
above) to form the basis forthe development of geometric alternatives forthe project.
TASK 7.0— GEOTECHNICAL REPORT
for City of Newport Beach — Old Newport Boulevard &West Coast Highway Modifications
25 of 48
f ' ,_
Scone of Work: This task will require the following efforts:
rt Conduct research from in -house files of geotechnical reports completed by AKA for nearby
developments within the city of Newport Beach, in addition, research will be conducted at the
city of Newport Beach to review as -built Improvement plans, geotechnical reports and
environmental reports that may be available within city archives.
A Prepare a traffic control plan for the proposed field work and submit to the city of Newport
Beach as well as Caltrans for review and approval. The plan shall generally follow the guidelines
provided in the Work Area Traffic Control Handbook. We assume the City /Caltrans will allow for
a "no fee" encroachment permit.
Provide traffic control for the work in accordance with the traffic control plan approved by the
City of Newport Beach and Caltrans.
Perform a distress survey of the pavement surface. The survey shall identify the type and
severity of distress, type and severity of surface defects, and type and severity of surface
deformation. The survey will be recorded on evaluation forms and identify the station sections
for which they represent.
g Utilize a concrete coring machine to excavate up to 5 cores within selected locations. At each
core location we will measure the thickness of all paving materials including asphaltic concrete,
Portland cement concrete, aggregate base, aggregate sub -base; and cement - treated or [line-
treated materials, if encountered. Once pavement sections are determined at each bore
location, we will characterize the general soil classification of existing subgrade soils present
below the paving materials. Each core location will be hand drilled to a depth of up to 5 feet
below the existing paving section. Bulk samples of the earth materials from borings will be
collected at each location.
Proposal for City of Newport Beach — old Newport Boulevard & West Coast Highway Modifications
26 of 48
RIK Or c )
All core holes shall be refilled with drilled cuttings and compacted up to the bottom of existing
asphaltic concrete or G inches from the finish surface, whichever is deeper. The remaining
portion of each hole shall be finished with ready mix quick setting concrete and died black where
necessary.
n Perform testing for Expansion Index, Plastic Index and R -value testing on selected samples
obtained from the drill holes. All testing will be completed in accordance with current ASTM or
California Testing Methods (CTM).
Up to 3 bulls soil samples will be delivered to Soil & Plant Laboratories, Inc. for Agronomy testing
and analyses. A report will be prepared to address requirements for soil amendments and
treatments for specific areas to make conditions suitable for plant growth.
u Provide a report summarizing the data collected and recommendations for design and
construction of the project. The report shall Include a summary of the existing pavement
sections and conditions observed, discussion of the underlying soil conditions encountered, a
core location plan, logs of drill holes, and results of laboratory testing. The report shall also
Include recommendations for pavement rehabilitation methods and for new flexible structural
pavement sections. Pavement alternatives using asphaltic concrete over aggregate base, full -
depth asphaltic concrete, cement - treated subgrade, and cement - treated base will be provided.
TASK 8.0 — PREPARE PRELIMINARY DESIGN PLANS
Scope of Worl: Under this task ICCG will prepare preliminary plans for up to 3 alternatives for
consideration by the City of Newport Beach. This task will require the ,completion of a series of
subtasks, summarized as follows:
Subtask 8.1 — Constraints Map: The first order of business will be to develop a comprehensive base
map which depicts all site features acid project constraints. This map will depict all proposed
underground and at -grade utilities, identifying each as either "high" or "low" risk; all existing rights of
way and easements; and all existing drainage features.
Proposal for City of Newport Beach —old Newport Boulevard & West Coast Highway Modifications
27 of 48
Subtask 8.2 —Geometric Design: Utilizing the base provided under 5.0 above, KCG will develop up to 3
different alignment plans for the City's consideration. The development of these alternatives will be
driven by all data gathered under previous tasks, in particular, the results of the Traffic Analysis
completed under Task 6.0. These plans will depict all proposed improvements associated with each
alignment including, but not limited to, the following:
• Proposed curb and gutter and median curb locations.
• Turn pockets (based upon results of Task 6.0).
• ADA improvements.
• Utility relocations.
• Striping.
• Sidewalk widths and /or easements.
• New right of way, as required.
• Drainage improvements and permanent BMP's (see Subtask 8.3).
• Retaining walls.
• Limits of access control.
• Property ingress /egress modifications.
• Traffic signal pole locations and mast arm lengths.
• Local connecting roadway modifications.
Subtask 8.3— Drainage Design: KCG will initiate the drainage design by performing a hydrology study of
the drainage areas tributary to the project area. The hydrology study will consist of a Rational Method
analysis performed in accordance with the Orange County Hydrology Manual. The Hydrology Study will
determine 10 -, 25 -, and 100 -year peals discharges within the project reach.
We will then develop alternatives for the management of drainage from both a water quality and flood
management approach for each alternative. Each alternative will consider specific project challenges
including, but not limited to, project cost, resource agency permitting, Caltrans permitting, right -of -way
impacts, and water quality treatment options. Each alternative will be documented to explain Its
benefits and issues and will be illustrated with appropriate figures for the City's consideration. Each
alternative will then be reviewed with the City in order to arrive at a preferred alternative or preferred
combination of alternatives as required to meet the project goals.
KCG will proceed with the preliminary hydraulic analysis of the preferred alternative by means of WSPG
modeling of the proposed storm drain conveyances and existing storm drain systems identified to
receive project flows. The hydraulic analyses will determine the size of proposed storm water
conveyances. We will also analyze water quality treatment flow rates and volumes to determine the
required size of any proposed Best Management Practice (BMP) features deemed appropriate for
incorporation into the project.
Subtask 8.4 -Cost Estimates: for each of the project alternatives, KCG will prepare a project cost
estimate covering construction and right of way acquisition costs. These estimates will show quantities
and unit costs for major Items of work including roadway Improvements, drainage improvements, utility
relocations, traffic signals, signing and striping, and traffic detouring/ control improvements.
Proposal for City of Newport Beach— Old Newport Boulevard & West Coast Highway Modifications
28 of 48
The design efforts raider this task will be compiled into preliminary plan sets for the project alternatives
which will be submitted, along with corresponding estimates, for City review and comment. The I<CG
team will meet with City staff to review these documents and make adjustments/ refinements until such
time that a preferred alternative is selected by the City. Once a preferred alternative is chosen, the
Environmental Process (Task 11.0) will be initiated.
verables 10
• Preliminary geometric plan and centerline
P1 ofiles.
• Preliminary drainage plans.
• Cost estimates.
TASK 9.0 — FACT SHEET FOR DESIGN EXCEPTIONS
Scope of Work: If needed, KCG will prepare a Supplemental Mandatory Fact Sheet and a Supplemental
Advisory Fact Sheet to document the non - standard Caltrans mandatory and advisory design features
associated with the subject project including, but not necessarily limited to features such as shoulder
width and stopping sight distance. The Mandatory and Advisory Fact Sheets will be prepared in
accordance with Caltrans Project Development Procedures Manual, latest edition. I<CG will work closely
with Caltrans District 12 Design and HQ Geometrician staff in the development, preparation and
approval of both fact sheets. Advantec will also prepare the traffic analysis (see Task 6.0) required in
support of the fact sheets.
TASK 10.0 — WATER QUALITY DOCUMENTATION
Proposal for City of Newport Beach— Old Newport Boulevard & West Coast Highway Modifications
29 of 48
Scope of Work: This task requires the preparation of two water quality documents, summarized as
follows:
Subtask 10.1 -Water Quality Management Plan (WQMPi: SWT will provide engineering services to
prepare a Water Quality Management Plan (WQMP) technical documentand supporting analysis for the
proposed street improvement project area. The project WQMP will comply will the May 19, 2011 model
for County of Orange. The project is in the north county permit area which is wholly within the Santa
Ana Regional Water Quality Control Board, The WQMP will satisfy the post development storm water
quality treatment requirements established In the permits, The document will follow the model format
and technical content requirements based on the agency template for the Water Quality Management
Plan. The WQMP will follow the requirements of Section 7.11 -1.5 for public agency projects. The
specific task items associated with the generation of the plan will include:
• Project Description —A site description, land uses, estimated imperviousness and figure showing
facilities will be prepared.
• Site and Watershed Characterization — Assessment and characterization of pre project
watershed conditions
• Pollutants of Concern — Review of the regional water quality control board "basin plan" to
identify the pollutants of concern, impaired water bodies, and receiving water information
• Hydrologic Conditions of Concern — Review pre- and post project hydrology quantities from the
project based on the Preliminary Hydrology and Master Plan of Drainage. Determine the
potential impacts from pre - project conditions to downstream stream conditions or hydraulic
impairments downstream. Evaluate potential mitigation measures if required.
• BMP Selection and Preliminary Sizing— Prepare hydrologic analysis and calculations for the "flow
based" and "volume based" water quality treatment values for the sizing of onsite BMPs.
Determine the appropriate type and locations of the project BMP
• Operations / Maintenance — Develop a preliminary list of operational requirements for the
selected BMPs and describe the maintenance tasks in conjunction with the requirements of the
City of Anaheim Maintenance Department.
• Impaired Water Bodies Identification — Research RWQCB list of impaired water bodies and
determine if proposed project site is tributary to Lower Newport Bay. The Lower Newport Bay is
3030(d) listed for toxicity and other organics as of the 2010 publication. Select BMPs to treat
specific pollutants known to impalr downstream receiving waters. Prepare discussion and
exhibit(s) detailing the impact the proposed project will have on the downstream receiving
waters.
• Source to Pacific Ocean Flow Path Mapping Exhibit — Prepare exhibits Identifying the
flowpath(s) and conveyance types leaving the project site to the Bay.
• 24 "x36" Construction Detail Exhibits — Prepare full size detailed construction level drawings for
the site civil engineer to utilize in their site grading plans such that the grading plan BMP
construction details and WQMP exhibits are Identical.
Proposal for City of Newport Beach —Old Newport Boulevard &West Coast Highway Modifications
30 of 48
t ".,
Prepare and compile a final bound WQMP document that incorporates the information regarding the
post construction water quality features. The document shall contain exhibits identifying the water
quality sizing information and the layout of the BMPS.
Subtask 10 2- Caltrans Storm Water Data Report (SWDR): SWT will prepare a Storm Water Data Report
(SWDR) following the minimum data /assessment requirements and the format outlined by Caltrans in
the Storm Water Quality Handbook Project Planning and Design Guide for this type of water quality
document which includes (1) Project Description with a detailed narrative, (2) completion of checklists,
(3) analyses and assessments, and (4) attachments and exhibits. The July 2010 "long form" SWDR will be
completed following the Caltrans standard template for the SWDR and addressing the requested issues
as part of the overall checklists and developing the associated supporting documentation or narrative.
The basic elements and Items to be prepared that will be included in the SWDR are listed below:
• Detailed project descriptions and
description of the construction works
• Site Data and Water Quality Design
Issues
• Receiving Water and Pollutant of
Concern, including TMDL
• Regional Water quality Board Agreements
• Determination of the risk level
n Disturbance Area
• Site Data and Water Quality Design Issues
• Checklists SW -1, SW -2, and SW -3.
• Proposed Design Permanent Pollution Prevention
BMPS
— Sizing of BMPS
— Cost estimate for BMP
• Construction Site BMPS
The required attachments or exhibits will include: vicinity map, Evaluation Documentation Form (EDP),
construction Site BMP consideration form, RUSLE2 calculation for soil erosion, risk level determination
documentation, treatment BMP summary spreadsheets, quantities for construction site BMPS.
e;j sr`�`13tI,s1R�'S,) � Task 10,O�Delift'eratiles �ul}rtri3r'js I
Hard copies and electronic copy of WQMP.
Hard copies and electronic copy of SWDR:
TASK 11.0 — ENVIRONMENTAL DOCUMENTS (CEQA COMPLIANCE)
Scope of Wori:The work under this task will require a series of subtasks, summarized as follows:
Subtask 111- Preparation of an Initial Study: The Initial Study will be prepared in compliance with
Section 15063 of the State CEQA Guidelines, applicable case law, and the Newport Beach City Council
Policy K3; 'Implementation Procedures for the California Environmental Quality Act'.. It is our
understanding that three preliminary project alternatives would be identified with the City selecting a
Proposal for-city of Newport Beach —Old Newport BOalevard & West Coast Highway Modifications
31 of 48
preferred alternative. This Scope of Work assumes that the Initial Study will be prepared for only the
preferred alternative. Using the City's Initial Study Checklist, BonTerra Consulting will respond to each
checklist question based on project plans, a site visit, and available information.
Following is a description of the work effort for assessing potential environmental effects relative to
each topical issue.
Agricultural and Forestry Resources — The project site does not contain nor has the potential to
sustain agricultural or forestry resources. The topic will be addressed qualitatively in the Initial
Study.
Aesthetics — BonTerra Consulting will assess potential visual changes resulting from implementation
of the project. This analysis will focus on the project's compatibility with surrounding land uses and
change to the character of the site. Photographs will be taken of the site and from selected off -site
viewpoints to depict the character of the project area. No significant impacts are anticipated due to
the nature of the proposed roadway project.
Air Quality — BonTerra Consulting will prepare quantitative estimates of construction mass
emissions and local emissions for comparison with South Coast Air Quality Management District
(SCAQMD) CEQA thresholds. The project is not included in the Southern California Association of
Governments (SCAG) approved 2012 Regional Transportation Plan (RTP) or 2013 Federal
Transportation Improvement Program (FTIP) through Amendment 2. Therefore, BonTerra Consulting
will analyze the operational impact of the project by estimating the change in long -term emissions
based on vehicle miles traveled (VMT) and average speed data and EMFAC 2011 emission factors for
the existing, anticipated future without project, and future with project cases. The analysis will
include qualitative discussions of toxic air pollutant impacts from diesel particulate emissions from
vehicle operations and consistency of the project with the applicable air quality management plans.
The analysis methodologies will be consistent with SCAQMD policies. If potential significant impacts
are identified, mitigation measures will be recommended. To minimize cost, the Scope of Work
assumes that a stand -alone air quality technical study is not required. Rather the Information will be
documented in the Initial Study and supporting materials (such as air quality model run information
and literature search data) will be provided in the appendices to the Initial Study.
Biological Resources —The project site contains no (mown locations of State - listed or federally listed
Threatened or Endangered species, or species otherwise designated as special status by State and
local resources agencies and organizations. To validate this expected finding, a BonTerra Consulting
Biologist will visit the project site. A memo will be prepared to document findings which can be used
for the Initial Study and subsequent Encroachment Permit application and Coastal Development
Permit application.
Cultural Resources — BonTerra Consulting will conduct a Phase I cultural resources study for the
proposed project that will include a cultural resources literature review; a paleontological resources
records search and literature review; and Native American consultation. A field survey would not be
Proposal for City of Newport Beach —Old Newport Boulevard & West Coast Highway mod if! catlons
32 of 48
required. The records searches will be completed at the South Central Coastal Information Center
(SCCIC), California State University, Fullerton and the Los Angeles County Museum (LACM)
respectively; contact with the California Native American Heritage Commission (NAFIC) for a review
of its Sacred Lands File will be initiated to obtain a list of local Native American contacts to whom
BonTerra Consulting will prepare and send informational letters. BonTerra Consulting will present
the research and survey results of the study in a cultural resources letter report which will be
appended to the Initial Study being prepared for the project.
Geology and Soils — BonTerra Consulting will review and summarize the geotechnlcal report
prepared for the project by Albus -Keefe (Task 7.0).
Greenhouse Gas (GHG) Emissions - BonTerra Consulting will address the potential effects of
proposed project GHG emissions In accordance with the guidance provided in the March 2010
revisions to the State CEQA Guidelines. A quantitative estimate of the change in GHG emissions will
be made using Vehicle Miles Travelled (VMT) and average speed data and'EMFAC 2011 emission
factors for the existing, anticipated future without project, and future with project scenarios.
Construction GHG emissions also will be estimated and amortized over the project lifetime as
recommended by SCAQMD. As there are no currently applicable quantitative significance criteria for
GHG emissions for transportation projects, significance will be evaluated by considering the net
change in estimated emissions, various criteria that have been considered or adopted by State and
regional agencies and the City of Newport Beach for non - transportation projects. Significance will
also be assessed by considering whether implementation of the project would conflict with an
applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GFIGs. To
minimize cost, the Scope of Work assumes that a stand -alone GHG technical study is not required.
Rather the information will be documented in the Initial Study and supporting materials (such as
model run information and literature search data) will be provided in the appendices to the Initial
Study.
Hazards and Hazardous Materials — BonTerra Consulting will summarize the Phase I Initial Site
Assessment (ISA), to be provided by Albus- Keefe.
The objective of the hazardous waste ISA will be to evaluate whether hazardous materials or other
adverse environmental conditions are present dire to past or present uses of the sites and /or
properties in the site vicinity. The proposed services for the ISA will be generally consistent with
applicable sections of the ASTM International (ASTM) 2005 guidance (Designation Number E1527-
05), the EPA Standards and Practices for All Appropriate Inquiries (AAI), and State of California
Department of Transportation (Caltrans) guidelines. However, because the ASTM and AAI standards
were established to provide innocent landowner liability protection under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) for the purchaser of a property,
and because portions of the project do not involve purchase transactions, the applicability of the
ASTM /AAI standards will be limited.
Proposal for City of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications
33 of 48
P u`f
The ISA will include the following tasks:
A site visit to visually evaluate site characteristics for possible contaminated surface soil or
surface water, improperly stored hazardous materials, possible sources of polychlorinated
biphenyls (PCBs), and possible indications of site contamination from activities at the site.
A site vicinity reconnaissance to evaluate characteristics of adjacent properties for possible
environmental influences on the site. Properties within and adjoining the project site will be
visually evaluated from public rights -of -way only.
A review of the applicable environmental documents for the site.
• A review of a computerized database search provided by Environmental Database Resources
(EDR) of readily available government and regulatory agency environmental lists for the site
and for properties located within approximately Y. mile of the project site. The objective of
the database search will be to evaluate locations where hazardous materials may have been
used or stored and their possible effects on the site. On -site listings of possible concern will
be further evaluated by requesting and reviewing readily available environmental documents
for the site from regulatory agencies, or by interviewing regulatory agency personnel. Our
scope of services includes review of up to two agency files for the site. Our scope of services
does not include review of files for off -site properties. Locations of properties of concern will
be shown on maps of the site vicinity.
• Review State of California, Department of Conservation, Division of oil, Gas, and Geothermal
Resources (DOGGR) oil -field maps and review of information, if any, provided by the
California State Fire Marshal regarding oil and natural gas pipelines in the site vicinity.
Review of site and adjacent historical land use to provide an overview of past uses that likely
involved the use or storage of hazardous materials. Information that will be used to review
the site history will include readily available historical aerial photographs, and historic United
States Geological Survey (USGS) Topographic Maps. We will attempt to note historical site
uses involving the use or storage of hazardous materials from the time when the site was
undeveloped or agricultural.
• Prepare an ISA report. The report will provide a site location map, site visit notes, Caltrans ISA
checklist, EDR database search, site photographs, and a discussion of findings and conclusions
regarding the current environmental condition of the site including the potential occurrence
of aerially deposited lead (ADL). The ISA will also include recommendations for additional
assessment (e.g., ADL survey), as appropriate.
• Prepare a Hazardous Materials Disclosure Document (HMDD) for the Project in accordance
with Caltrans Guidelines.
Hydrology and Water Quality — Based on information generated under Subtask 8.3 and Task 10.0,
the Initial Study will provide an overview of any existing drainage systems and water quality
treatment features that are in place to address water quality issues, BonTerra Consulting will also
Proposal for CRY of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications
34 of 48
I M
evaluate the project's compliance with National Pollutant Discharge Elimination System (NPDES)
permit requirements.
Land Use and Planning — BonTerra Consulting will describe the existing on site and surrounding land
uses based on a site visit and review of aerial photographs. BonTerra Is very familiar with the area
having prepared CECA documents for three projects on West Coast Highway as well as for the
replacement bridge for Newport Boulevard over West Coast Highway, the latter with a prior
consulting firm. This section will address the project's consistency with relevant planning programs
and plans and will discuss physical changes to the site including the reconfiguration of off - street
parking associated with commercial uses on West Coast Highway.
Mineral Resources —The project site does not contain mineral resources. The topic will be addressed
qualitatively in the Initial Study based on the findings of the City's General Plan and General Plan
EIR.
Noise — BonTerra Consulting will visit the project site to identify the major noise Sources and noise
receptors in the project vicinity and free -flow traffic speeds on Old Newport Boulevard and West
Coast Highway. Aerial photography Indicates that the noise sensitive land uses near the project site
are residences on La Jolla Lane and La Jolla Drive. Approximately four short -term (15- minute) noise
level measurements will be taken to evaluate the existing ambient noise level conditions. BonTerra
Consulting will review the project design and traffic analysis, and will model existing, anticipated
future without project, and future with project traffic noise impacts using a Federal Highway
Administration (FHWA) traffic noise model. Future noise impacts will consider the revised road
alignment and estimated future traffic volumes and speeds. BonTerra Consulting will also evaluate
potential temporary noise and vibration impacts during construction.
Population and Housing —The proposed project does not involve the removal of existing housing
units or the generation of new residents; therefore, no significant impacts related to population and
housing are anticipated as a result of the proposed project. BonTerra Consulting will provide a
summary statement in the Initial Study to support this conclusion.
Public Services and Facilities — The project would allow for the realignment of a segment of Old
Newport Boulevard and the widening of a segment of West Coast Highway. Because of the nature of
the project, no significant impact on police or fire protection, schools or parks would be expected.
BonTerra Consulting will coordinate with the respective service providers as necessary to
substantiate this finding.
Recreation — The proposed project does not include an increase in residential uses and would not
increase the demand for recreational facilities, nor would it require the construction of new
facilities. BonTerra Consulting will prepare a qualitative discussion to Identify the absence of impacts
related to recreation.
Proposal for City of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications
35 of 48
Transportation Circulation and Parking — BonTerra Consulting will summarize the Traffic Study
(Task 6.0) as part of the Initial Study. Mitigation will be identified, as necessary. As noted,
implementation of the proposed project would require the reconfiguration of off- street parking
associated with commercial uses on West Coast Highway. The adequacy of replacement parking will
be addressed.
Utilities and Service Systems — As a part of the proposed project, the Project Team will investigate
the need for relocation and /or upgrades to the utility infrastructure system, BonTerra Consulting
will assess potential impacts to utilities based on this information. BonTerra Consulting will
coordinate with utility purveyors, as necessary, to complete this analysis.
A Draft Initial Study will be submitted to the City and the Project Team for review. After receipt of
comments, the Draft Initial Study will be revised to incorporate all comments that are within the Scope
of Work (Revised Initial Study), The Revised Initial Study will be submitted for review by the same
parties. Concurrent with preparation of the revised document, BonTerra Consulting will prepare the
necessary documentation for the MND, including a proposed finding that the project will not have a
significant effect on the environment with Implementation of mitigation measures. This will be
submitted to the City and Project Team for review with the Revised Initial Study.
Subtask 11.2-Public Distribution of the Initial Study /Mitigated Negative Declaration: Following the
review of the Revised Initial Study and MND, BonTerra Consulting will submit a proof check copy of the
IS /MND for final review prior to public distribution. Following the City's acceptance of the proof check
Initial Study /MND, BonTerra Consulting will finalize the document and prepare it for reproduction.
BonTerra Consulting will coordinate with the City on a mailing list for the distribution of the IS /MND.
Thls Scope of Work assumes that BonTerra Consulting will provide 30 copies of the IS /MND for the City's
use appendices will be provided only on CD. Additional copies of the IS /MND can be provided in PDF
format on CD and to upload onto the City's website. BonTerra Consulting will coordinate reproduction
and distribution of the IS /MND to the State Clearinghouse (SCH) and interested parties. In accordance
with current SCH procedures; BonTerra Consulting will submit 15 hardcopies of the Summary Form for
Electronic Document Submittal and 15 CDs of the entire documentto SCH.
Subtask 11.3- Notice5: A Notice of Intent (NOI) that the City proposes to adopt an MND needs to be
provided to the public. This notice should be published in the local newspaper(s) or, at a minimum,
posted at the project site. It Is assumed that BonTerra Consulting would prepare the N01, but that the
City will submit the notice to the newspaper and /or post at the project site. BonTerra Consulting will
post the notice with the County Cleric The project requires a 30 -day public review period for the
IS /MND.
Subtask 11.4-Response to Comments: Once the public review period has ended, BonTerra Consulting
will coordinate with the City and Project 'ream to review the comments received on the IS /MND and to
develop an approach to responding to the comments, Topical responses, with a brief summary of the
response and reference back to the larger response, will be used if multiple comments are received on
Proposal for city of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications 36 of 48
the same issue. This approach will allow a more complete response without undue repetition. One
screencheck copy of the Response to Comments document will be submitted to the City and Project
Team for review. The responses will then be revised based on comments on this document. In
compliance with Section 15074 of the State CEQA Guidelines, the City must consider the proposed
IS /MND together with any comments received during the public review process.
Subtash 115 - Mitigation Monitoring; and Reporting Program: In compliance with California Public
Resources Code Section 21041.6, BonTerra Consulting will prepare a mitigation monitoring and reporting
program (MMRP) for adoption with the IS /MND. The MMRP will be prepared at the same time as the
Response to Comments. The MMRP will be designed to ensure compliance with adopted mitigation
requirements during project implementation. The program will be prepared in matrix format and will
provide the timing and responsibility for each mitigation measure. A draft copy will be submitted for
review by the Project Team. Revisions will be made accordingly.
Subtash 11.6- Notice of Determination: Immediately following the adoption of the MND, BonTerra
Consulting will prepare the Notice of Determination (NOD) to be filed with the County Clerk and SCH.
Within five days of approval of the IS /MND, BonTerra Consulting will file an original signed NOD with the
County Clerk; it is assumed that the City will he responsible for all filing fees. Once the NOD has been
filed with the County Clerk, BonTerra Consulting will submit the NOD along with evidence of County
Clerk filing and payment of fees to SCH.
U Initial study 0S).
% CEQA Documentation.
n Mitigation Monitoring and Reporting
Program, if necessary.
a Phase 1 ISA,
Notice of Intent,
o Notice of Determination.
Public Notices.
TASK 12.0 — RIGHT OF WAY ENGINEERING
Scope of Warle Under this task, I<CG will prepare legal descriptions and plats for all permanent and
temporary (TCE) right of way takes required to construct the preferred project alternative,
. , -i r: 5 F3.e r2
};i`7ask 2 =1 0 De�Lverables t r
Legal descriptions and plats for permanent
takes.
Legal descriptions and plats for TCE's.
Proposal for City of Newport Beach —Old Newport Boil] evard.& West Coast Highway Modifications 37 of 48
TASK 13.0 — FINAL PS &E
scope of Work: Under this task, the I<CG team will prepare final plans using AutoCAD 2010 and in
conformance with City CAD standards. Based upon the alternative contained in the RFP (or some
variation thereof) we envision the following plan set will be developed:
.'Re cr'raYfo�r =$;rr `riilSlieets,�( {;kale t Y#^r9 ;r, "1., ;'1
Title Sheet
1
NTS
Typical Sections
1
NTS
Details
2
NTS
Roadway Plan & Profile
2
1 " =40' H; 1 " =4' V
Storm Drain Plan
2
1" =40'
Storm Drain Profiles
2
1 " =4'
Retaining Wall Plan & Profile
1
1 " =40' H;1 " =4' V
Retaining Wall Details
1
NTS
Offsite Improvements
2
1 " =20'
Landscape Plan
1
1 " =20'
Irrigation Plan
1
1 " =20'
Landscape & Irrigation Details
1
NTS
Signing & Striping Plans
2
1 " =40'
Street Lighting Plans
2
1" =40'
Traffic Control Plans
4
1 " =40'
Cross Sections
9
1 " =10' H;1 " =1' V
!° 't�
i; ttTo�l,; 7i'34L,��Esk„eeistl.:.Er�.tm,,Y i !>,.
Roadway plans will depict all required Improvements, including utility relocations. References to other
sheets for improvement details will be provided..
There will be a number of inlets and catch basins that will be impacted by the proposed project. The
storm drain plans will depict new inlet locations and connecting pipe geometry. Storm drain profiles will
be provided for all proposed laterals.
We are assuming that by moving the road alignment west, we will be impacting the existing retaining
wall and will also be creating a need for additional retaining structure further to the south along Old
Newport Road. We have included provisions for 1 plan and profile sheet and a corresponding detail
sheet for this element.
The proposed roadway widening/ realignment will impact the 2 properties on the corner of PCI-I and Old
Newport Road, requiring the reconfiguration of parking and relocation of site features such as signing.
We will develop off -site sheets at 20 scale which will depict, in detail, all improvements required to
reconstruct these properties to work with the proposed roadway improvements.
There will be areas available for planting along both sides of the realigned Old Newport Road.
Landscape and Planting Plans will be prepared for these areas. Connections to existing water lines and
electrical service point connections will be depicted on the Irrigation Plans.
Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications 38 of 48
Signing and Striping and Traffic Control Plans will be prepared at 1" =40' scale. We have estimated that
2 phases of traffic control will be needed to construct the project.
Street light plans will cover the relocation of existing lights as well as placement of new lights to meet
the photometric requirements of the project. Photometric calculations will be prepared by Advantec as
part of this work effort.
Roadway cross sections will be provided at a scale of 1" =10' horizontal and 1" =1' vertical scale for all
roadway improvements. These cross sections will depict all existing and proposed street cross sections.
Specifications will be prepared using Microsoft Word for Windows.
Construction Cost Estimates will be prepared using Microsoft Excel. All quantity calculations and
pertinent backup calculations required to support the project estimate will be bound and submitted to
the City for review.
Per the REP, plans will be submitted at two interim stages (50% and 80% complete) and a final level
Hord copies of Final PS &E
Electronic flies of PS &E (CADD and PDF).
TASK 14.0 — PERMITS
Scope of Work; The scope of work under this task will cover the following:
Subtask 14.1 - Caltrans Encroachment Permit: This will involve preparation of an Encroachment Permit
Application including, but not necessarily limited to, the following attachments:
• Signed plans (folded per Caltrans' requirements)
• Environmental Notice of Determination
Proposal for City of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications
39 of 48
KCG will prepare the application for City Signature and compile all supporting Information. We will
submit and process this permit application until an Encroachment Permit for the project Is obtained.
Subtask 14.2-Assist with Coastal Development Permit Application: I<CG will assist City staff with the
preparation of the Coastal Development Permit (CDP) application. All processing of the permit once the
initial application is submitted will be completed by City staff.
TASK 15.0 — CONSTRUCTION BIDDING AND SUPPORT SERVICES
Scope of Work: The work under this task includes (a) responding to questions during the bid period; (b)
attending the pre - construction meeting; (c) reviewing shop drawing submittals; (d) preparing bid
addenda; (e) providing Input with respect to the contractor's general conformance with the project
plans and specifications; and (f) preparing as -built record drawings, based on contractor redlines, at the
completion of construction.
"' i djf�j l7as15r15`0 Deli'verdbles`' " ' s0fil R
i €t.3 �sS
n Hard copy mylarsofAs- Builts.
Electronic files of As- Builts (CADD and PDFJ. _ _
Proposal for City Of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications
40 of 48
EXHIBIT B
SCHEDULE OF BILLING RAVES
41 of 48
Kreuzer Consultinq Group Page B -1
fro,[�el(el
March 28, 2013
Mr. Patricl<Arclniega, PE
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Re: Revised Cost Proposal for Old Newport Boulevard and West Coast Highway Modifications
Dear Mr. Arciniega,
Our proposed time and materials fee for the subject project is $324,734. A detailed breakdown of
person -hours and fees by task are provided on Exhibit A herein. The Schedule of Hourly Billing Rates for
KCG and all of our subconsultants are also attached hereto. These billing rates will not change for the
life of the project.
At the bottom of Exhibit A, we have provided hours and fees for project optional tasks as described in
our scope of work contained in Section 2,4 of our proposal.
We trust this proposal meets the City's expectations. The cost proposal shall remain valid for a period of
90 days from the date shown herein. If you have any questions or require additional information, please
do not hesitate to call.
Respectfully
Rick Kreuzer, PE
President
fj y>1f
320 Main Street, Unit D - Seal Beach, CA 90740 • phone 714 -656 -0160 • fax 714 -666 -0165 42 of 48
EXHIBIT A
FEE SCHEDULE FOR PROFESSIONAL. ENGINEERING SERVICES
CITY OF NEWPORT BEACH
OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY IMPROVEMENTS
r� �pA� 2• ���ef'�y'�'
• � aiW9 331 '� �L��ycC jT
,lam- +.%_iY•r� � I' _
AV )S'��ir�
J SI.Ti )[S'(5�
rt �•i:!. W[
�'�+
f
3'[50
pp' ^�'
_1�+I p �
SIa05
t
N
,t5'
la
(p5X 1. 0- PROJELTIIANAGEAIE )IT,AOAIINfSIRpfIONANO MEETINGS
120
90
$1,500
529.IC0
-
SR9.>OD
= SVOTOTAI Tg5X 1.0 A1MIHOVRS
SUBTOTAL TASK I.O COSTS
180
S24,00D
90
S4.200
S1.SC0
529.]00
_
520100
TASK LO RESEARCH AND BATA LOLLECRON
B
16
S].R80
5]]00
SUBI OIAL TASK R.OAIANHOURS
SHBTOTAL TASK 2A COSTS
8
SI.60D
16
51,OB0
53800
5]280
TASK J.O. UBLI(Y RESEARCH Al. COOROINA NOR
16
RO
55.350
55]50
SVO TOTAL TASH J.OnIANHOVRS
SUB(OTAL TASK 3.0 COSTS
R
5],20D
20
52.100
55]m
55 W
TASR 9.0- ACRIAL AIAPPING AACPJ9LDSVRVEY
4
51.220
S1LSC0
511500
S12720
SVBTONrOrAk TASK COSTS
SVO(O TAL TgSX 4.O COSTS
d
5800
4
5920
51.220
531.500
Si1,5C0
512]211
TASK 5.0� BASE MAPPING
4
24
5].320
sf ]]0
SVOTOMLTASHCOARAHOMS
SUB TOTAL TASK 5.0 COSTS
4
SB00
24
$2.520
5] 380
S]320
7ISK 6.0. TRAFFIC STVOY
6.I COMd EriiV. Inbrmalon
2
2
5610
52.500
52nD
5)1 10
82 TalACMal Slsanafle aA
63 BIDS aFela AeviewllnrenW
2
4
2
4
5630
51.220
518 m.
SI,500
'S1p WO
51.500
510610
51(80
S UO(OTAL TASK 6.0 NAIIHOURS
SUBTOTAL TASK 60 COS T5
0
51.60
0
SB90
51Ad0
VIMD
522.)0
5,O
TASK 7.0. GEOTECNNICAL REPORT
R
SIM
S1p399
510,349
s1019B
SINTO TAL TASK 7.4 COSTS
5900
Sop]
510.149
510,109
510790
TASK P.D. PRELHIINARYOESIGNPLINS
B.1Cms11ain1A l.la
16
24
$5.720
$S i]0
1261108111, Des n
140
34p -
.592:)00
SI:E00
S15M
119.200
0]Dlaina 10851 n
14
91
59.050
59840
O4 LOSl EZllmdles
13
S
5200
52040
Aelm Wliedes
52000
SR 0.
120.
SMIO,L iq 5K 0.0HAND..I
SUBTO(AL TASX8.9 C05T5
'186
SD7.W.
220
521,1)
'SO....
562].0
SI6c0
SI'.50
S.R.
TASK 9,o. FAC( SHEET FOR RESIGN EXCEPNONS
d0
64
$I,)0
516.720
53.500
$3.510
519220
SVOTOTAL TASK 9.0 hRNIHOUR5
SUBTOTAL TASK 9.8 COSTS
d.
$1.W0
64
S0.710
SI.MA
515 )2p
5].550
5150
519110
TASK 10.0 IVATEA.UALITY00,CWTENFATION
9 r'Nales OUall Nma emanl Plan VN]AIP
'1
2
51]10
55.600
55000
55810
9251wnx,alea DaURe an SVAft
2
2
3610
55,000
$5)0
55610
SUBTOTAL TAS "0 COSTS
SUB(OTAL TASK VD. COSTS
4
ROD
$420
51220
sP m0
510,00]
511220
TASK I10- ENANCRINEAL LOOCUAIEHTS CEOA CMIPLIANLE
IO.I PIe aIe IN......
102 PUb0c BAnaunono11511,IfID
3
6
SIAM
S4M
5]6,]60
Sl5W
Sl ]m
439668
" P
591050
54.30
10.]Na5[es
1
$]LO
51.100
I
I
51,110
$1.300
Ip9 Rel Anse to COnunenis
Ip51.111galian lfonaodn an6 AO qIN Plo la
i
2
9
567➢
S4m
SS1M
520)
50.100
5200
50.9Rp
52400
I O.O 1110[8 of OelO,mnalun
1
s2M
5900
SBm
SI.1)
- SUAl lAl TASK II P UANHOURS
SUBTOTAL TASK II.00OSTS
12
SIAM
10
51058
$1,450
55250.
S2,]m
SSSAm
•559,830
TASK I LO.RIOH(OFIYAYENEIHEERING
12
20
SI.SCO
$9.500
5 ✓B TOTAL ig5K 12.0 AlANXOVRS
SUOTOTALTASH a3.00O5T5
12
52.400
20
52.100
_
S4500
59500
TASK 13A. FINAL PS A E
F Me 5nee11
�T cal SeNfOns 111
2
2
_
II
SI...
S160a
SL060
-Oa ", 2
.No P6w Plan SPIaNe 21
12
Ie
90
$2400.
500)
52900
$DAM
61wm Blain Pldn 1
- 5150)OIain Plolfis I
�Reu Wn Wa. P1an8 PSafile 1
4
d
d
16
16
5
S2ADO
WARD
51.43
S29m
52.40
SI,n3
. NI.inin WaB CIDTll l
2
4
5620
SB20
011s6el w menlz 2
- Lentlsm oPlan I
IiE dlwn Planl
. Lanas[a ae eeoafnn Beam I
.s' a;o 5 almin Plans xl
. sHaalu nLa Plans 1
. rlalT2can I.D PHna 14
-Cross Sections 9
0
l
R
I
4
2
B
9
12
32
20
R)
52060
S4M
$43
sR)
Ss.O6p
S4u0
S3.A00
$4.06
sz 000
1
550)
MR.
52 000
56500
� S6mD
SZMD
SID)
SR BBO
56,400
$5.400
5220D.
52060
52ACC
$3700
51635
B ar fcalions
12
8
S3610
53.290
Casl ESlimale"
0
12
5]068
328)
RalmemsAOlo:
55.600
s ?s8a
SL'88
SUBTOTAL TASK 1aOMAUHOURS
SURTOFAL TASK IBA COSTS
SO
510.000
2m
521.755
5253
s< tis
'ZOO
SH.0)
516.)0
$se R]5
TASK II.O. PERMNS
1].I CdOlans En[aaaoneA1 Pf11Ml
I]RTisislz'nlACaaslal OeveNamenl PalM PppA'[a5en
20
RO
24
29
51000
$Sm
51.62.
5].020
51.520
Si 030
SUBTOTALTASXI4AAPHRIOURS
SUBTOTAL TASR 14, 0 COSTS
ID
SB.Om
4$
45,040
51.500
519.590
$14
TASK 15.0 dCONSTRUCNON BIOOINO AND SUPPORTSERVILES
I6
12
59960
SIAM
S✓STOTAL TA SX IS.O MANIIOUpI
SUBTOTAL TASK iSO COSTS
I6
M.MS
$1.260
51:960
M409
NANHOUR GRANO TOTALS
- _ -FEE GNANB TOTALS
6112
51]2900
697
373,185
-
$85500
-
x"SLS
Sz9UM
-
552300
510,080
519000
513,599
- -.
511500
13]0.049
Sii4, T]4
43 of 48
LAD,1, n.,n6e,[a.alSVlpe exaonWOpooi6eOlxepeoR ,e3mafeta. nirvaan u,ia,]0.]aa,.
a F i °•
SCHEDULE OF HOURLY BILLING RATES
OFFICE PERSONNEL:
Typists, Word Processors ....................................... ............................... $50
Technician.............................................................. ............................... $70
Design Engineer/ CADD ....................................... ............................... $105
Principal / Project Manager ................................. ............................... $200
FIELD PERSONNEL:
Two -Man Survey Party, including Truck and Equipment .................... $210
Three -Man Survey Party, Including Truck and Equipment .................. $250
SUPPORT & M15CELLANEOUS COSTS:
OtherVehicles ..............................................
............................... $0.551mi.
Copies — Black & White ................................
............................... $0.10 /pg•
Copies— Color ...............................................
............................... $0.50 1pg•
Plotting — Black & White .......... ...............................
...................... $2.00 /ftz
Plotting— Color ..............................................
............................... $4.00 1fe
Starlight Surveying, Inc.
One Man Survey Crew
$108.00 / hour
Two Man Survey Crew
$190.001 hour
Three Man Survey Crew
$244.001 hour
44 of 48
AD VAN.$ EC
.. ConsultingEnghwexs
BILLING RATES
Classification
Grade
Billing Rate
Assistant Engineer
1
$95
Engineer
2
$120
Senior Engineer
3
$140
Assist. Project Manager
4
$180
Project Manager
5
$220
DIRECT COSTS
Travel Mileage $0.55 /mi
Other Direct Costs Atcost +l0 %admin.
Associates
�Jrt dsla • A.0 H d f l(IIe
STANDARD HOURLY RATE SCHEDULE
Principal
$195.00 per hour
Project Director /Senior Associate
$120.00 per hour
Senior Project Manager
$105.00 per hour
Project Manager
$90.00 per hour
Design Draftsperson
$75.00 per hour
Draftsperson
$65.00 per hour
Senior Clerical
$60.00 per hour
Clerical
$35.00 per hour
45 of 48
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 officers, agents,
employees and volunteers.
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, one million dollars ($1,000,000) 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) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a 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
4b-.of 48
Kreuzer Consulting Group Page C -1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and 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 elected or appointed officers, agents, officials, employees
and volunteers 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 and its officers, officials, employees, and agents 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
48
Kreuzer Consulting Group Page C -2
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 anytime.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
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. 'rimely 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.
dR n{ qg
Kreuzer Consulting Group Page C -3