HomeMy WebLinkAbout03 - Coast Highway Channelization & Landscape Median ImprovementsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
September 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Sean Crumby, P.E.
949 - 644 -3311
scrumby @city.newport- beach.ca.us
SUBJECT: COAST HIGHWAY CHANNELIZATION AND LANDSCAPE MEDIAN
IMPROVEMENTS - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH DMC
RECOMMENDATION:
Approve a Professional Services Agreement with DMC Engineering, of Irvine,
California, for professional engineering services at a contract price of $46,200 and
authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
As part of the Corona Del Mar Vision Plan the medians through Corona Del Mar
between MacArthur Boulevard and Poppy Drive will be improved. The proposed
improvements include removing existing striped AC medians, placing a new raised
median, enhanced landscaping, irrigation, lighting and required electrical services. This
project is moving forward ahead of any decision for the relinquishment of Coast
Highway at the request of the CDM Business Improvement District. The construction
documents will be prepared in accordance with Caltrans standards and follow the
conditions of the required encroachment permit in the State right -of -way. The
proposed improvements are budgeted as a FY 2003/04 Capital Improvements Project.
DMC Engineering was invited to submit proposals to provide professional engineering
services. DMC Engineering has completed similar projects of this magnitude in
Caltrans right -of -way and are very familiar with their requirements. Staff negotiated with
DMC to provide the necessary scope of services for design, permitting and construction
support for this project for a not -to- exceed fee of $46,200.
SUBJECT: Coast Highway Channelization and Landscape Median Improvements — Approval of Professional Services
Agreement with DMC
September 9, 2003
Page 2
The scope of DMC Engineering's professional services will include:
• Set and locate twelve (12) horizontal and vertical aerial control targets.
• Provide aerial topographic survey.
• Perform a supplemental field Topographic Survey
• Provide a Topographic Base Map.
• Preparation of Median Improvement Plan Sheets (includes hardscape, planting
and irrigation).
• Preparation of Traffic Control Plans for proposed improvements.
• Preparation of project specifications.
• Preparation of construction quantity and cost estimates.
• Assistance during bidding and construction.
Funding Availability:
Funds for this project are available in Account No. 7261- C5100698.
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.
7 re are y: Submitted by..
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can Crumby, P.E. Q---�-Stephp 'G. Badum
Principal Civil Engineer Pu ' Works Director
Attachment: Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
FOR
IMPLEMENTATION OF COAST HIGHWAY CHANNELIZATION
AND MEDIAN LANDSCAPING
THIS AGREEMENT, entered into this day of 2003, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and DMc Engineering, whose address is 18 Technology Drive, Suite 100, ,
Irvine, California, 92618, (hereinafter referred to as "Consultant'), 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 implement Coast Highway Channelization and Median
Landscaping( "Project).
C. City desires to engage Consultant to provide surveying and engineering
services to furnish the City with Plans, Specifications, quantity and cost
estimates, and Construction Observation as outlined in the Scope of
Services attached hereto as Exhibit "A" and upon the terms and conditions
contained in this Agreement.
D. The principal members of Consultant are for purpose of this Project is
Derek J. McGregor, P.E. P.L.S.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
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desires to contract with Consultant under the terms and conditions provided
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 9thday of September, 2003,
and shall terminate on the 31 st day of December, 2004, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the Scope of Services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of Forty -Seven Thousand
Dollars and No Cents ($47,000).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City
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within thirty (30) days of receipt of invoice, subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. 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.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 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.
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All services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. Consultant represents
to City that it has or shall obtain all licenses, permits, qualifications and approvals required
of its profession. Consultant further represents that it shall keep in effect all such
licenses, permits and other approvals during the term of this Agreement.
4.2 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, failure of City to furnish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control.
4.3 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
responsible for the Project's contractor (hereinafter referred to as "Contractor'),
construction means, methods, techniques, sequences or procedures, or for any health or
safety precautions and programs in connection the work. These duties are and shall
remain the sole responsibility of the Contractor. Consultant shall not be responsible for
the Contractors schedules or failure to carry out the work in accordance with the contract
documents. Consultant shall not have control over or charge of acts or omissions of City,
Contractor, Subcontractors, or their Agents or employees, or of any other persons
performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
in
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 details and means of performing the work provided that Consultant is in compliance
with the terms of this Agreement. Anything in this Agreement which may appear to give
City the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean only that the Consultant shall
follow the desires of City with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Derek J. McGregor, P.E., P.L.S. to be
its Project Manager. Consultant shall not bill any personnel to Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel, without
City's prior written approval by name and specific hourly billing rate. Consultant shall not
remove or reassign any personnel designated in this Section or assign any new or
replacement person to Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to removal or assignment of non -key
personnel.
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Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as specified by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and Consultant shall perform the services in accordance with the schedule specified in
Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall
not be responsible for delays, which are due to causes beyond Consultant's reasonable
control. However, in the case of any such delay in the services to be provided for Project,
each party hereby agrees to provide notice to the other party so that all delays can be
addressed.
8.1 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, which purportedly causes a delay, but not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances by
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
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direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
sole negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. 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.
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13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except for workers compensation and errors and omissions insurance, all
insurance policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insureds for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance commissioner to transact the 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 Bests Key
Rating guide: unless otherwise approved by the City Risk Manager. The following
policies are required:
A. Worker's compensation insurance, including a "Waiver of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
the State of California.
B. Commercial general liability insurance original certificate and
endorsement (which includes additional insured and primary and non-
contributory wording), covering third party liability risks, including without
limitation, contractual liability, in a minimum amount of $1 million combined
If:E
single limit per occurrence for bodily injury, personal injury and property
damage. If commercial general liability insurance or other form with a
general aggregate is used, either the general aggregate shall apply
separately to this Project, or the general aggregate limit shall be twice the
occurrence limit.
C. Commercial auto liability and property insurance, including additional
insured wording, covering any owned and rented vehicles of Consultant in
a minimum amount of $1 million combined single limit per accident for
bodily injury and property damage.
D. 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).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf
of any insurer providing workers compensation, comprehensive general, and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right of subrogation, which any such insurer of said Consultant
In
may acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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 co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. 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 orjoint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City. All
improvement/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 3 mils. (A copy of the City of Newport Beach Standard Design
Requirements is available from the Public Works Department).
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
still
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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Michael J.
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Sinacori, P.E. shall be considered 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.
19. 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. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. 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 under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 designee with respect to such disputed sums. Consultant shall
be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per
annum from the date of withholding of any amounts found to have been improperly
withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
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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 a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. 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 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.
B. 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 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.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred, contracted or
subcontracted without prior written approval of City.
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25. NOTICES
All notices, demands, requests or approvals to be given under 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:
Michael J. Sinacori, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Phone: (949) 644 -3342
Fax: (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Derek McGregor, P.E., P.L.S.
DMc Engineering
18 Technology Drive, Suite 100
Irvine, CA 92618
Phone: (949) 753 -9393
Fax: (949) 753 -9322
26. TERMINATION
In the event either party hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt of written notice of default, specifying the nature of such default and
SEE
the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. 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.
29. 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. 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
M&I
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.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of 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 the City in the version of AutoCAD used
by the City, in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCad file of
City Title Sheets. All written documents shall be transmitted to the City in the City's latest
adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
By:
City Attorney
ATTEST: DMC
By: By:
City Clerk
f: \users \pbw\shared \agreements \blank prof sew.doc
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Print Name:
Proposal to Provide Professional
Civil Engineering Services
MEDIAN IMPROVEMENTS -
CORONA DEL MAR
KNOAM .
EXHIBIT "A"
Prepared for:
City of Newport Beach
Public Utilities Department
3300 Newport Boulevard
Newport Beach, CA 92663
Prepared by:
DMc Engineering
18 Technology Drive
Suite 100
Irvine, CA 92618
DMcEngineering
Civil • Surveying • Planning
August 26, 2003
Mr. Mike Sinacori, P.E.
City of Newport Beach
Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92663
SUBJECT: MEDIAN IMPROVEMENTS — CORONA DEL MAR
Dear Mike:
P 1893
2nd REVISED
Per your request, we are pleased to submit this 2 "d revised proposal to provide engineering services
for the above subject.
We appreciate the opportunity to propose on this site and the chance to work with you once again.
Upon acceptance, it is our understanding that you will forward the authorization in the form of a
purchase order.
In the interim, please do not hesitate to call should you have any questions.
Sincerely,
DMe Engineering
Derek J. McGregor, P.E., P.L.S.
Principal
Cc: Sean Crumby, City of Newport Beach
DJM: pp
18 Technology Drive, Suite 100, Irvine, California 92618 • (949) 753 -9393 • FAX(949)753-9322
Servicing California aid Nevada
TABLE OF CONTENTS
■ Introduction/Project Understanding
■ Project Organization and Staffing
■ Project Organization Chart
■ Scope of Services
■ Project Schedule
■ Project Fee Schedule
■ Additional Provisions
■ Hourly Rate Schedule
Proposal to Provide Professional Civil Engineering; Services
MEDIAN 1:MPROVEMENTS — CORONA DEL MAR
IntroductimlProject Understanding
The City of Newport Beach is proposing to construct median improvements for Pacific Coast
Highway (PCH), from 500 feet westerly of MacArthur/PCH intersection to 500 feet easterly
of Hazel Street. This is presented on a concept plan prepared by the City. The City is
seeking professional engineering services for the design of these improvements, along with
Construction Administration.
The improvements include:
• Addition of center median; and paving
• Landscape and irrigation within the center median.
The design work consists of the preparation of Improvement Plans along with:
• Technical specifications, cost estimates, and construction contract bid documents;
• Right -of -way (R/W) compilation;
• Erosion Control Plan;
• Traffic Control Plans; and
• Caltrans Permit Processing.
Construction Administration includes:
• Assisting the City during the bidding process
• Answering contractor questions, and providing clarifications relative to the bid plans;
• Reviewing Contractor submittals;
• Administering project addenda;
• Coordinating project construction with Caltrans
• Attending project meetings
• Attending a pre - construction conference
• Attending the irrigation coverage test;
• Providing a punch list prior to start of Contractor's Maintenance Period; and
• Providing a maintenance punch list prior to final turnover.
DMc Engineering has successfully completed several projects that are similar in scope for other
Cities. Our core services include field topographic and boundary surveys, utility and right -of-
way research and base map preparation, street improvement construction plans and related
contract documents, Caltrans coordination and permit application.
Proposal to Provide Professional Civil Engineering Services
MEDIAN IMPROVEMENTS — CORONA I)EL, MAR
Total Concept Landscape Architecture (TCLA), DMc's subconsultant for landscaping, has
completed streetscapes and beautification projects ranging in scope from streetscape guidelines
to design and construction documents. The firm's work is carried out with sensitivity to the site
uniqueness, responsiveness to the needs of the community, development of human scale design,
and attention to maintenance requirements. The firm strives to provide landscape design
solutions that reflect close coordination with City staff.
Proposal to Provide Professional Civil Engineering Services
MEDIAN IMPROVEMENTS — CORONA DEL MAR
Project Organization Annd Staffing
DMc recognizes the importance of the caliber and experience of the Project Manager (PM) and the
experience and technical skills of individuals assigned to the project team to the success of a project.
We are careful in assessing the technical and management skills required for each project and in
matching these needs with the right individuals.
In responding to this request for proposal for the City of Newport Beach, we have carefully
assembled a project team and organizational structure that will best serve the needs of the project.
Key DMc personnel assigned to this project include DMc employees who have previously worked
for the City of Newport Beach on other projects.
Project Manager: Mr. Derek J. McGregor, P.E., P.L.S., will be DMc's Project Manager and
Project Engineer. He will be the prime contact and responsible for coordinating all activities with
the City. Mr. McGregor will also be responsible for the Contract Administration duties. He has
served as principal manager for services associated with the Cities of Newport Beach, Anaheim,
Irvine, Laguna Beach, Huntington Beach, Fountain Valley, Costa Mesa, Buena Park, the County of
Orange, and the University of California, Irvine. Mr. McGregor will work in unison with all
members of the proposed project team, where he will provide as- needed technical assistance to the
team. The areas of importance that Mr. McGregor provides expertise in is plan preparation and
constructability review, as well as project and schedule management. He is a Licensed Civil
Engineer and Land Surveyor in California, Nevada and New Mexico with twenty four (24) years of
experience and sixteen (16) years as Principal of DMc Engineering.
Quality Control: Independent review will be the responsibility of Mr. Uzo Okereke, PhD., P.E.
He will also assist with the Caltrans permit processing.
Project Engineers: As project engineers, under the Supervision of the Project Manager, Mr.
Howard Colburn, and Mr. Keith Davis, E.I.T., will prepare project plans and technical
specifications, cost estimates and construction contract bid documents. He will also be responsible
for construction observation duties. This is the same capacity Mr. Colbum has fulfilled for
numerous agencies that include the cities of Newport Beach, Anaheim, Irvine, Huntington Beach,
Laguna Beach and Fountain Valley. Mr. Colbum has over twenty six (26) years of experience in
these areas.
Survey/Mapping: As project mappers, Mr. Gordon Edwards, P.L.S. and Ms. Kimberley A.
Holtz, P.L.S. will be responsible for research and base map and topographic map preparation. This
is the same capacity Mr. Edwards and Ms. Holtz have fulfilled for numerous agencies that include
the cities of Newport Beach, Anaheim, Irvine, Huntington Beach, Laguna Beach and Fountain
Valley. Mr. Edwards has over twenty three (23) years of experience and Ms. Holtz has nine (9) years
of experience in these areas.
Project Surveyor: As project surveyor, Mr. Mike Benedict, P.L.S. will be responsible for
overseeing all survey crew set -ups and scheduling, as well as all aerial and field topographic
Proposal to Provide Professional Civil Engineering Set-vices
MEDIAN IMPROVEMENTS — CORONA DEL MAR
mapping preparation. Mr. Benedict has over twenty six (36) years of experience.
Landscape Architect: As a landscape architect, Mr. Harry H. Kobzeff, ASLA (CA #1777)
has overseen many landscaping projects with a wide range of types, sizes, and jurisdictions, and
has taught landscape architecture and horticulture at UCLA and UCI Extensions. In the public
sector, he has met with concerned citizens and special interest groups to evaluate landscaping
designs, as well as local government groups to establish municipal project goals and design
concepts. As a Principal at TCLA, he is in charge of landscape architectural designs for projects
in Southern California and Western United States.
Proposal to Provide Professional Civil Engineering Services
MEDIAN IMPROVEMENTS — CORONA DEL MAR
PROJECT ORGANIZATION CHART
CITY OF NEWPORT BEACH
Public Works Department
PROJECT MANAGER I
Derek J. McGregor, PE, PLS
QUALITY CONTROL
Uzo Okereke, PhD, PE
MAPPING TEAM SURVEYING TEAM ENGINEERING TEAM
Gordon D. Edwards, PLS Michael Benedict, PLS Howard Colbum, Class AB, RIC
Kimberley A. Holtz, PLS Keith DaNis, EIT
AERIAL MAPPING LANDSCAPING
TECHNICAL STAFF Analytical Topo Maps, Inc. Total Concept Landscape
DMc ENGINEERING Architecture, Inc.
TECHNICAL STAFF
DMc ENGINEERING
Proposal to Provide Professional Civil Engineering Set-vices
MEDIAN IMPROVEMENTS — CORONA DEL MAR
Scope of Services
A. Engineering Services
1. Set and locate twelve (12) horizontal and vertical aerial control targets. The horizontal
control will be based on the Orange County Surveyor GPS network. The vertical will be
based on the Orange County Surveyor benchmark circuits.
2. Provide aerial topographic survey map of Coast Highway including 100 feet on each side
of the right of way at a scale of 1" = 40`. The limits of the aerial will be from 500 feet
westerly of the MacArthur /Coast Highway intersection along Coast Highway to 500 feet
easterly of Hazel Street.
3. Perform a supplemental Field Topographic Survey to locate site culture not depicted on the
aerial topographic survey map. This includes compiling the above onto the topographic
base map below.
4. Perform research to ascertain record utilities information for the subject area from the
jurisdictional agencies. Based on this and the above information, prepare one (1) Base
Map at a scale of 1" = 40'.
Prepare one (1) set of Preliminary Improvement Plans, Estimate of Probable Cost and
Specifications based on Concept Plans provided by the City on August 7, 2003. This
includes meeting with City staff along with a pre - project meeting with Caltrans to receive
project input prior to proceeding with formal plan preparation.
Based on City input on the above Preliminary Plans, prepare one (1) set of Final
Improvement Plans, Estimate of Probable Cost and Specifications. The Improvement
Plans will be provided for review by City staff when they are 50% complete. The plan set
will include a title sheet, sections, details, Erosion Control, Traffic Control, Landscape and
Irrigation. The plan will include metric dimensional conversions along side the English
dimensions.
Revise the above Final Improvement Plans based on the above 50% review bythe Cityand
resubmit to the City and Caltrans when the Improvement Plans are 90% complete. The
plan set will include a title sheet, sections, details, Erosion Control, Traffic Control,
Landscape and Irrigation. The plan will include metric dimensional conversions along side
the English dimensions.
8. Revise the above Final Improvement Plans to include 90% review comments and submit
100% Final Improvement Plans for approval to the City and Caltrans.
Proposal to Provide Professional Civil Engineering Services
MEDIAN IMPROVEMENTS —CORONA DEL MAR
B. Landscape Services
1. Collect and review on- and off -site applicable data, planning and design criteria.
2. The Preliminary Landscape and Irrigation Plans will contain the following:
a. Planting concepts
b. Irrigation concepts
2. The Final Landscape and Irrigation Plans will contain the following:
a. Irrigation Plan and Details
b. Planting Plan and Details
C. Construction Administration
1. Assist client during the bidding process.
2. Answer contractor questions, administer addenda, clarifications, or submittal reviews
relative to the bid plans.
3. Review Contractor submittals.
4. Administer project addenda.
5. Coordination with Caltrans.
6. Attend project meetings.
7. Attend pre - construction conference.
S. Attend irrigation coverage test prior to planting.
9. Provide construction punch -list prior to start of Contractor's Maintenance Period.
10. Provide maintenance prmch -list prior to final turnover.
Proposal to Provide Professional Civil Engineering Services
MEDIAN IMPROVEMENTS — CORONA DEL MAR
Project Schedule
{i'ork Effort Anticipated Time Line
Notice to Proceed Upon Receipt
Set Control Targets 1 week
Aerial Topographic Map 1 week
Supplemental Field Topographic Survey 1 week
Base Map 1 week
Preliminary Improvement Plans 1 week
City Review of Preliminary Improvement Plans 2 weeks
50% Final Improvement Plans l week
City Review 50% of Final Improvement Plans 2 weeks
90% Final Improvement Plans 1 week
Submit 90% Final Improvement Plans to Caltrans 1 week
Caltrans Review 8 weeks
City Review 90% Final Improvement Plans 2 weeks
100% Final Improvement Plans 1 week
Advertise for Bids 4 weeks
Award Contract 1 week
Construction Administration On going
Proposal to Provide Professional Civil Engineering Services
MEDIAN IMPROVEMENTS —CORONA DEL .MAR
Project Fee Schedule
Client (City of Newport Beach) agrees to compensate Consultant (DMc Engineering) for
the above services as noted below:
Consultant shall perform the services outlined above in accordance with the fee schedule below plus
the cost for blueprinting, reproductions, computer plotting and messenger services. Consultant shall
invoice client monthly on a percentage of completion basis. Additional services not identified herein
will be billed on a time and material basis in accordance with the enclosed Hourly Rate Schedule.
SCOPE OF SERVICE /WORK ITEM
P.M.
P.E.
P.S.
A.E.
Svy
2)
FEE
Aerial Control Targets
4
12
$ 2,320
Aerial Topographic Map
38
$ 3,500
Supplemental Field Topographic Survey
4
16
$ 2,960
Base Map
12
24
$ 3,360
Preliminary Improvement Plans
4
24
$ 2,400
Final Improvement Plans
8
8
140
$ 12,960
Cal Trans Processing
13
$ 1,500
Landscape & Irrigation Plans
38
30
24
$ 9,500
Construction Administration
20
10
$ 3,400
TOTAL PROFESSIONAL FEES
$ 42,200
Estimated Reimbursables
$ 4,000
TOTAL FEES
$46,200
Proposal to Provide Professional Civil Engineering Services
MEDIAN IMPROVEMENTS — CORONA DEL MAR
Additional Provisions
This proposal is based on the following conditions and /or receipt of the following items:
1. All Agency Processing Fee's will be paid by the City and are not included in DMc's
Estimate of Fees.
Additional services that are excluded* from this proposal but could be completed for an
additional fee, include:
1. Storm Water Pollution Prevention Plan (SWPPP)
2. Soils Investigation and /or Analysis
3. All inspections or selecting plant materials at nursery locations prior to shipping to
site
4. Utility Relocation Plans
5. Storm Drain Plans
6. Pavement Structural Design
7. Potholing to ascertain existing conditions
DMcFhg�Zeering
Civil • Surveying • Planning
HOURLY RATE SCHEDULE
Effective January 1, 2003 thru December 31, 2003
OFFICE PERSONNEL
Principal (PR) $ 140.00
Project Manager (PM) $ 120.00
Project Engineer (PE) $ 100.00
Senior Engineer (SE) $ 90.00
Associate Engineer (.AE) $ 80.00
CAD Operator (CAD) $ 70.00
Specification Typist $ 50.00
FIELD PERSONNEL
3 Person Survey Crew $ 180.00
2 Person Survey Crew $ 160.00
Project Surveyor (PS) $ 100.00
Survey Calculator (SC) $ 80.00
NOTE: Blueprinting reproductions, computer plotting, messenger services and other direct
expenses will be charged at cost plus 10 %. No additional charges for mileage, supplies or
telephone expenses will be included.
18 Technology Drive, Suite 100, Irvine, California 92618 - (949) 753 -9393 • FAX (949 ) 753 -9322
Servicing California and Nevada
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Civil • Surveying • Planning
HOURLY RATE SCHEDULE y �W
Effective January 1, 2003 thru December 31, 2003
OFFICE PERSONNEL
Principal (PR) $ 140.00
Project Manager (PM) $ 120.00
Project Engineer (PE) $ 100.00
Senior Engineer (SE) $ 90.00
Associate Engineer (AE) $ 80.00
CAD Operator (CAD) $ 70.00
Specification Typist $ 50.00
FIELD PERSONNEL
3 Person Survey Crew $ 180.00
2 Person Survey Crew $ 160.00
Project Surveyor (PS) $ 100.00
Survey Calculator (SC) $ 80.00
NOTE: Blueprinting, reproductions, computer plotting, messenger services and other direct
expenses will be charged at cost plus 10 %. No additional charges for mileage, supplies or
telephone expenses will be included.
18 Technology Drive, Suite 100, Irvine, California 92618 • (949) 753 -9393 • FAX (949) 753 -9322
Servicing California and Nevada
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