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HomeMy WebLinkAbout6 - Newport Coast & Pelican Hill AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 April 10, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee 949 -644 -3323 or ilee@city.newport- beach.ca.us SUBJECT: NEWPORT COAST DRIVE AND PELICAN HILL ROAD NORTH - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING RECOMMENDATIONS: 1. Approve a Professional Services Agreement with RBF Consulting of Irvine, California for providing engineering services for the Newport Coast Drive at Pelican Hill Road North Right -Turn Improvement project for a not - to-exceed price of $100,000.00. Authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a Budget Amendment appropriating $100,000 from the unappropriated balance for Measure M Turnback funds into Account No. 7281- C5200974. DISCUSSION: On February 2, 2007, a traffic accident involving a cement truck rollover occurred at the northwest comer of the Newport Coast Drive at Pelican Hill Road North intersection. In response to the accident, City staff has requested RBF Consulting to submit a proposal to provide engineering design services for the preparation of intersection improvement plans. Based on an initial assessment, the project could consist of widening the southbound right -tum lane on Newport Coast Drive, reconstructing the roadway grades, and adding a raised median on Pelican Hills Road North to provide for separation of opposing traffic. RBF has proposed a two -step process for this project. The first phase of work will be to prepare a conceptual layout stage, where two alternative roadway configurations will be provided for evaluation. The second phase will include selecting the best alternative and developing construction plans, specifications and cost estimates (PS &E), as outlined in the Scope of Services to the Professional Services Agreement (PSA) attached hereto. Newport Coast Drive and Pelican Hill Road North Study — Approval of Professional Services Agreement with RBF April 10.2007 Page 2 Upon completion of the first phase, the work scope will be further refined. The not -to- exceed fee of $100,000 includes research, field review, topographic survey, conceptual layouts, PS &E design, construction documents, landscape plans, mapping, and reimbursable expenses. Construction of the selected alternative will need to be budgeted upon finalization of the plans and specifications. Environmental Review: Engineering design services are not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. However, an environmental review and the appropriate documentation will be prepared after the scope of construction work has been finalized. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available in the following account for the project: Account Description Newport Coast Drive and Pelican Hill Road Study Prepared by: Iris Lee, P.E. Associate Civil Engineer Attachment: Professional Services Account Number Amount 7281- C5200974 $100,000 Submitted Total: $100,000 Badum s Director PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR NEWPORT COAST AND PELICAN HILL ROAD NORTH RIGHT -TURN IMPROVEMENTS THIS AGREEMENT is made and entered into as of this _ day of 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "Cit)("), and RBF CONSULTING, a California Corporation, whose address is 14725 Alton Parkway, Irvine, California, 92618 ( "Consultant'), 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 is planning to improve the intersection of Newport Coast Drive at Pelican Hill Road North. C. City desires to engage Consultant to study existing intersection conditions and develop plans to improve the current geometrics ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project shall be Brian Anderson. F. 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 above written date, and shall terminate on the 31 day of December, 2007, 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. The City may elect to delete certain tasks of the Scope of Services_ at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 One Hundred Thousand Dollars and no /100 ($100,000.00) 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. 4.1 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) days after approval of the monthly_ invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be 2 limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. 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 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 Brian Anderson to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Iris Lee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. 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. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant. shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or 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 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, 4 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, attomey's 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 the negligence, recklessness, or willful misconduct of the Consultant or 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. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of.this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR 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. 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 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. 5 1 13. -PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the teen of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Reguimments. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractors employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 6 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 7 V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City.- F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 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 cotenancy, 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 parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS 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 8 compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, .and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 9 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work 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. 23. 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 his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. - 24. 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 10 restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The 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. 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. 27. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Iris Lee, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3323 Fax: 949 - 644 -3318 11 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Brian Anderson RBF Consulting 14725 Alton Parkway Irvine, CA 92618 -2027 Phone: (949) 330-4145 Fax: (949) 472 -8373 28. TERMINATION 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. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. im 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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 or age. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: For C4YA mey for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation in Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Print By:_ Title: (Financial Officer) Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: luserslpbvAsharedlagreemenlslfy 06 -07kbf- newport coast- pelican hill north.doc 14 TECHNICAL SCOPE OF WORK — EXHIB_IT "A" Dated March 2007 PROJECT UNDERSTANDING The project consists of preliminary review and investigation, and final PS &E of the right turn movement from Newport Coast Drive (NCD) to Pelican Hill Road North (PHRN). Currently Newport Coast Drive is sloping at a 6% longitudinal grade and ttansitioning out of a 2% super elevation cross slope. Pelican Hill Road joins Newport Coast at these grades and quickly transitions to a 2% crown section in approximately 120 feet. Based on project understanding RBF will evaluate alternatives solutions to improve the grades through this right turn movement, and provide a raised median along the left turn pocket on Pelican Hill Road North to provide separation from the opposing traffic. Anticipated work items: • Research, Investigation and Field Review • Utility Research/ Investigation and Coordination • Topographic Survey • Concept Layout • PS &E Design • Traffic Design • Landscape and Irrigation Design Specifications and Bid Documents • Final Construction Quantity Estimate • Mapping, Legal Description and Exhibit RBF Consulting will perform the task work as outlined below, in multiple phases. Phase I — Preliminary Engineering! Investigation, will study the existing conditions and define the project configuration. Phase II — Plans, Specifications, and Estimate Design, will produce final design plans, specifications and quantity estimate for NCD/PHRN to be publicly bid for construction in accordance with the City of Newport Beach procedures. All documents will be consistent with the approving agencies, and the standard plans and specifications for public works construction. TASK 1— RESEARCH, INVESTIGATION and FIELD REVIEW Consultant will perform research and review of available data for use and reference for the preparation of the Concept Layouts and P,S &E design_ Tasks include: Perform a field review of the site to verify record drawings including: • Photo log of key project items • Intersection lighting and signalization • Signing and pavement delineation • Utility locations • Landscape and Irrigation Review • Traffic Signal System Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn �o Improvement Project, Newport Beach, CA • Research existing public records to determine: o Size and location of utilities o Review existing traffic studies, and environmental documents o Research existing record drawing data and compare with field visit Product: L Data Collection\ Field Review TASK 2 - UTILITY RESEARCIVINVESTIGATION AND COORDINATION 2.1 Utility Research Consultant will research and identify existing utility records within the project limits from available information. Compile information in a matrix format to include dates of notification, persons/utility notified and responses from utility. Utilities to be notified will include: Southern California Edison (SCE) The Gas Company Telephone Company CATV Water and Sewer Districts USA DigAlert 2.2 Utility Notifications Consultant will request utility information from utility companies within the project limits concurrent with commencement of design. Forward plans to utility companies throughout the design development for their use in planning relocations. Prior to project bidding, transmit notice to relocate (on City letterhead) and approved project improvement plans to utility companies. Maintain comprehensive project utility correspondence files provided by utility company. 2.3 Utility Project Team Meetings Consultant will attend regular Project Team Meetings with City staff, utility companies and other participating agencies. Product: 1. Utility Coordination Services TASK 3- TOPOGRAPHIC SURVEY A.1 Topographic Survey RBF will perform a field topographic Survey of Newport Coast Drive for 300 linear feet northerly and 150 feet Southerly of the intersection with Pelican Hill Road North and Pelican Hill Road North for 300 feet from its ECR at Newport Coast Drive in Newport Beach, California. Topography will be performed under the direct supervision of a licensed Land Surveyor and shall include obtaining locations, elevations and descriptions of: • Curbs, gutters and driveways • Median curb Consulting Services for Newport Coast Drive I Pelican Hill Road North Right Turn WF �o Improvement Project, Newport Beach, CA - • Walls and retaining walls • Edges of paving, AC berms and roadway surfaces, including all grade breaks • Manholes • Survey street centerline monuments within the project area • Buildings • Major signs • Power poles, streetlights, and traffic signals • Tree with trunks diameters greater than six inches • Above ground utility structures and surface features • Tops and toes of slope • Grade breaks and natural ground Topography will extend to the back of walk or street right -of -way. Survey control points will be provided with the field notes. The basis of horizontal control will be the North America Vertical Datum of 1929 (NAVD29) All field topography will be collected electronically for data processing. 3.2 Data Processing RBF will process all topography data in AutoCAD LDD2i. Linesstyles will be conventional. Text annotation will be stored in layers separate from the graphic elements. An AutoCAD file, layering, linestyle and color specification will be provided, if requested. The finished topographic map will include the basis of horizontal and vertical control, North arrow, date of survey, Crew chief review, notes and details. Deliverables will include Field notes and digital files formatted in AutoCAD. Electronically formatted files can be E- mailed to the Client if requested. The following notes will appear on the finished Topographic Survey: "Underground Utility Note: This TopographicSurvey has been conducted in accordance with accepted industry standards. Unless otherwise indicated, only above ground utility appurtenances were located by Survey methods. Any underground utilities shown on this Topographic Map have been reproduced from records supplied by others and have not been verified for line and grade in any way during the course of this Survey. Other utilities may exist on this site that were not part of the project scope of work and are, therefore, not shwon on this Topographic Map." Product: 1. Topographic Field Survey 2. Topographic Survey Data Processing Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn Improvement Project, Newport Beach, CA CONSVLTINO Doll TASK 4 - CONCEPT LAYOUT RBF will develop a concept layout of the right -turn movement for this northwest curb return. The layout will show (2) alternative roadway configurations and cross sections to evaluate potential improvements and help identify the utility, landscaping, and drainage and traffic device impacts. The concept layouts will be developed from existing record drawing information, as provided from the City, and will be used to calculate an "order of magnitude" construction cost estimate for each of the developed concepts. These concepts will be presented to the City and other parties as directed by the City for evaluation. The preferred concept will be used to develop the final PS &E documents. 1. Concept Layout Plans (two alternatives) scale 1" =20' 2. Roadway cross - sections (through the curb return) scale 1" =20' horiz ; 1" =5' vert (Tasks 5 thru 9 not used) 7 Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn Improvement Project, Newport Beach, CA JWF cowsuv�wc PHASE II — PLAN. SPECIFICATIONS. & ESTIMATE DESIGN TASK 10 — PLAN, SPECIFICATIONS, & ESTIMATE DESIGN- PS &E Preparation of final plans will commence upon concurrence and approval of the Concept Layout work. The following is a listing of plan sheets with corresponding scale: TASK NO. 10.1 PLAN DESCRIPTION Title Sheet (I sheets) SCALE NIA 10.2 Index Map and Sheet Index (I sheet) NIA 10.3 Construction Notes/Details (2 sheets) NIA 10.4 Roadway Plan/Profile/Demo/Drainage Plan (2 sheet 1"=20'h; I " =4'v 10.5 Typical Cross Sections (I sheet) Varies 11.1 Signing/Striping Plans (I sheet) 1" =40' 11.2 Electrical — Traffic/Pedestrian Signal Plans (one modified signal) (2 sheets) V =20' 11.3 Stage Construction/Traffic Handling Plans 3 sheets 1" =40' 12.1 Landscape Restoration Plan (2 sheet) 1" =20' Total: 15 Sheet Count All plan types will be completed in conformance with current design and drafting standards for the City of Newport Beach. Plans will be submitted in final (100 %) PS &E and final PS &E resubmittal deliverable packages. A drawing list of each package is provided at the end of this section. A detailed discussion of selected tasks to be performed in the development of the plan sheets listed above is provided as follows: 10.4 Roadway Plan/Profile/DemolDrainage Plan RBF will prepare a roadway Plan and Profile plan including demolition and modifications of existing drainage features. The plan scale will be I " =20' horizontal and I "= 4'vertical. Roadway plans will show plan view of the proposed improvements, profile of top -of -curb for the median and parkway curb, curb return quarter points, cross section locations, roadway width, easement locations and property limits. Demolition will identify locations and limits of features to be removed, salvaged, or protected in place within the work area. Approval from the City will verify disposition of all identified items. Drainage system modifications required due to the expected relocation of existing drainage facilities within the project intersection. The expected work includes reconstruction of the curb inlet on Pelican Hill Road and a new interception drain to intercept the "high- side" nuisance flow within Newport Coast Drive. The proposed improvements will not divert existing surface run -off, therefore a detailed hydraulic Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn Improvement Project, Newport Beach, CA { analysis is not expected or proposed in this scope of work. The conveyance system design for this project will include lateral, catch basin, and mainline profiling, and detailing. Product: 1. Roadway Plan/Profile.Demolition and Drainage Plan (2 sheets) TASK 11— TRAFFIC DESIGN 11.1 Signing and Striping Plans —Newport Coast Drive and Pelican Hill Road North Consultant will prepare signing and striping plans associated with the proposed roadway improvements at the intersection of Newport Coast Drive and Pelican Hill Road North. The signing and striping plans will identify existing signs and striping, and installation of regulatory, warning, and guide signs, and striping modifications in relation to the roadway improvements and installation of the traffic signal systems. Signing and striping plans will be prepared at 1" = 40' scale and in accordance with standards set forth by the City of Newport Beach and Caltrans. Product: 1. Signing and Striping Plans (1 Sheet) 11.2 Traffic Signal and Intersection Lighting Plan Modification Plan Consultant will prepare traffic signal and intersection modification lighting plan associated with the proposed intersection improvements at Newport Coast Drive and Pelican Hill Road North. The traffic signal and intersection lighting modification plan will be prepared at 1 " =20' scale and in accordance with standards set forth by the City of Tustin and Caltrans. If required, a traffic signal detail sheet will be included showing traffic signal - equipment details. Product. 1. Traffic Signal and Intersection Lighting Plans (1 Sheet) 2. Detail Sheet (1 Sheet) 113 Stage Construction/Traffic Handling Plans —Newport Coast Drive and Pelican Hill Road North Consultant will prepare stage construction/traffic handling plans for the following roadway segment: • Newport Coast Drive at Pelican Hill Road North Intersection Improvements The plans will be prepared for the following anticipated improvements. These are: Curb /roadway improvements Raised median improvements The stage construction/traffic handling plans will utilize accepted methods of lane closure delineation, signage and barricading. Specific work areas will be protected from traffic based on the construction phase, type of work and construction equipment required within the work area. The plans will be designed to maximize lane usage for all traffic movements, maintain pedestrian access routes, and provide a workable area. The plans will be prepared at a 1" =40' scale. ,. WFConsulting Servtces for Newport Coast Drive J Pelican Hill Road North Right Turn . Improvement Project, Newport Beach, CA Consultant will meet with City of Newport Beach staff to discuss the proposed construction staging, minimum lane requirements, vehicle/pedestrian restrictions, lane closures, construction work hours, construction work area required, and potential constraints that may affect the proposed improvements. The stage construction/traffic handling plans will be prepared based on the requirements set forth in the 2006 California Manual on Uniform Traffic Control Devices (MUCTD), the City of Newport Beach, and Caltrans 2006 Standard Plans and Standard Specifications. Based on the proposed improvements, it is estimated that one (3) sheet will be required. Consultant will also prepare project specifications and engineer's quantity and construction cost estimates for stage construction/traffic handling. Product: 1. Stage Construction/Traffic Handling Plans (3 Sheet) TASK 12 — LANDSCAPE AND IRRIGATION RESTORATION PLAN Consultant will prepare landscape construction documents at 1 " =20' depicting the proposed irrigation and planting restoration improvements. Plans will be prepared in AutoCAD, on electronic copies of base sheets prepared by RBF under separate task. Expected improvements will be replacement or restoration of "in- kind" plantings within the work limits and repair and restoration of the existing irrigation system. Plans will be prepared in sufficient form and detail to facilitate approval, bidding, and construction. Product: 1. Landscape and Irrigation Restoration Plans (2 sheets) TASK 13 - SPECIFICATIONS AND BID DOCUMENTS 13.1 Final Technical Special Provisions Consultant will prepare the Final Technical Special Provisions portion of the Construction Specifications and Contract Documents suitable for public bidding and awarding of the Contract. Specifications will be prepared in accordance with the City of Newport Beach approved format. Comments from the City from prior submittals will be incorporated into the subsequent Special Provisions submittals. These special provisions will be incorporated into the City's standard construction document package. The City will provide Consultant with City of Newport Beach standard "boiler plate" construction document for use in the preparation of the bid specification. 13.2 Storm Water Pollution Prevention Plan ( SWPPP) Specifications Consultant will develop a Storm Water Pollution Prevention specification to provide an outline for the Contractor to develop Storm Water Pollution Prevention Plans ( SWPPP). The SWPPP identify anticipated construction -phase BMPs to reduce storm water pollution, such as, identifying potential pollutants, appropriate erosion control, sediment control, non -storm water, waste management and tracking control BMPs that should be implemented to reduce-or eliminate discharges of storm water pollutants. Product: 1. Master Project Specifications and Diskette in Microsoft Word PF Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn �o "s "tom Improvement Projectr Newport eeachr CA - TASK 14 - FINAL CONSTRUCTION QUANTITY AND COST ESTIMATE Provide engineering services for the preparation of a Final Quantity and an opinion of probable Cost Estimate for this project. Quantities will be prepared for the Final submittals. Unit costs will be based upon the most current cost information for recent similar project in the area compiled by the Consultant and approved by the City. Products: 1. Final Quantities and Cost Estimate 2. Quantity Back -up Calculations TASK 15 - MAPPING; LEGAL DESCRIPTIONS AND EXHIBITS Consultant will prepare one (1) legal description and exhibit plat covering proposed street right -of -way acquisition parcel(s) based on final construction drawing right -of -way requirements lying within Orange County Assesor's Parcel No. 473 - 031 -15. Products 1. Legal Description (I orig.) 2. Plat Exhibit (I orig.) TASK 16 - PROJECT MANAGEMENT/ PROJECT COORDINATION 16.1 Project Management and Administration Consultant will supervise, coordinate, monitor and review design for conformance with City standards, policies and procedures. Consultant will coordinate with Client and appropriate agencies to facilitate project delivery. Management support shall be provided to facilitate resolution of project design scope and scheduling. Consultant will coordinate, monitor and review all work as to the conformance with project design scope, schedule, and deliverables. Consultant will coordinate subconsultant invoicing, and progress payments. Products. 1. Project Management /Project Coordination Services 2. Other Project Documentation as Appropriate TASK 17 — MEETINGS Consultant will attend meetings, prepare agendas and prepare meeting notes for distribution to the project team members. It is anticipated that meeting notes will be distributed by e-mail and that a final hard copy version will be provided to the Client for their files. All meetings will be tracked separately from other items of work. Tasks covered will include agenda preparation, meeting attendance, meeting minutes and distribution of said items. Produces: 1. Meeting Agenda, Attendance, and Minutes (3 meetings) TASK 18 — CONSTRUCTION SUPPORT SERVICES Consultant will provide construction support services, such as, review of written RFI's and general consultation. These services will be provided on a time and materials basis. The budget for this item is an Consulting Services for Newport Coast Drive /Pelican Hilt Road North Right Turn Improvement Project, Newport Beach, CA estimate of expected services. RBF will notify the City in writing if services are within 75% of the budgeted fee. Product. 1. Construction Support Services (Time and Materials) TASK19- EXPENSES Reimbursable expenses will be billed on a monthly basis. A processing fee of 5% will be added to all subconsultant and reimbursable expenses. Reimbursable expenses include, mileage, reprographics, courier deliveries, and express mailings. SCOPE ASSUMPTIONS /EXCLUSIONS GENERAL • The Newport Coast Drive / Pelican Hill Road North scope has been established assuming public bidding process. • Public meetings\ Community Outreach services and corresponding exhibits and graphic materials can be provided under separate amendment to this scope of work • Engineering Support during Construction, Construction Management and Inspection Services can be provide as an amendment to this scope of work ENVIRONMENTAL ASSESSMENT • Environmental Clearances can be provided as an amendment to this scope of work GEOTECHNICAL • No Geotechnical services are provided in this scope of work TRAFFIC ANALYSIS / MODELING • No Traffic Analysis/Modeling services are provided in this scope of work • No Signal Timing or interconnect plans are provided in this scope of work MATERIAL TESTING/ PAVEMENT DESIGN • No Material Testing and Pavement Design services are provided in this scope of work UTILITIES • This study will provide an initial investigation of known utilities. Pot -hole investigation, utility notifications and further coordination of utility work can be provided under separate amendment to this scope of work CITY RESPONSIBILITIES 1. City will provide access to the site. 2. City to provide any and all indemnifications, abatement, disposal or other actions required by local, state or federal law regarding hazardous materials. 3. City will pay all governmental fees and costs. 4. City will provide all environmental clearances and documentation for the project. 5. City will secure all rights -of -entry and right -of -way necessary. Consulting Services for.Newport Coast Drive /Pelicis Pelican Hill Road North Right Turn Improvement Project, Newport Beach, CA ` ° "a.`�� "` 6. City will provide all available information including: • Geotechnical reports • Base mapping • Aerial Topography • Traffic/ Modeling Data • Pavement Design/ Traffic Indexing Data • EIS/EIR Report Data (if applicable) END OF SCOPE C:\Docummts and Settings \BANDBRSON\Desktop\Newport Beach\ProposalWCD_PHR_swpe rev l.doc MF Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn eOUaV4 �H• improvement' Project, Newport Beach, CA - 3/16/21107 70- 105638 C o N 5 U Lrr N G COMPENSATION - E%HI81T "B" City of Newport Beach Newport Coast Drive and Pell Wn Hill Road North Right -Turn Movement Study No. of Sheets Total Total Phase/Task Suh Task Description Shts Hours $ Phase 1 1.00 Research, Investigation and Field Review 30 $ 4,162 2.00 Utility Research investigation and Cecrdfnation 20 $ 2,768 3.170 Topographic Survey 32 S 6,576 4.00 Concept Layout 35 % design) 35 $ 4X5 Phase 2 10.00 PS &E Design 10.1 Title Sheet 1 18 S 1968 101 Wex Map and Sheet Index 1 21 S 2.784 10.3 Consbucllon Notes/ Details 2 33 $ 4,440 10.4 Roadway PlaNProNe DemNOralna a Plan 10.5 Typical Cross Sections 1 26 $ 3.516 11.00 Traffic Design 11.1 Signing/WpIng Ran 1 24 $ 3,368 17.2 Tra fc Signal and Intersection Lighting Plan 2 67 S 7.602 11.3 Stage Conshu Ak" Traffic Hamft Ran 31 67 $ 8,884 12.00 Lanciscape and Irrigation Restoration Plan 2 Sit $ 8.144 13.00 Specifications and Bid Documents 44 $ 6.340 14.00 Final Construction Quantity Estimate 24 $ 3,422 15.00 Mapping. Legal Description and 6ddWt 30 S 4.226 16.00 Pro ect Manor emenl 32 S 6022 17.00 Meetings 12 S 112 18.00 Construction Support Services (Budgetary T&M Basis 28 S 4,196 SUBTOTAL 161 655 $ 92.951 JAgency Approval 261 $ 3,846 TOTAL PROFESSIONAL SERVICES 15 867 66,797 R 1 S 2,500 TOTAL COST 151 fiat M S 99,297 Cboorments and set npslhandersonldasktopVioapon DeacmProPmaMhase 0 prop%9f*cdyhrNZ mvr.As 3.06/2007 City of Newport Beach BUDGET AMENDMENT 2006 -07 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 07BA -065 AMOUNT: $42,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X e No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations to approve a professional services agreement with DMJM Design to provide for the investigation of a potential city hall site at the current OCTA Transportation Center site. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund - Fund Balance Description Signed: Signed: Approval: Administrative Services Director Administrative Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $42,000.00 ' $42,000.00 Date Date Date Description Division Number 7410 City Hall Construction Account Number C2910545 City Hall Expansion Phase 1 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Approval: Administrative Services Director Administrative Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $42,000.00 ' $42,000.00 Date Date Date