HomeMy WebLinkAbout26 - Newport Boulevard & 32nd Street ModificationWPORr CITY OF
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NEWPORT BEACH
�9CIF00.�P City Council Staff Report
Agenda Item No. 26
June 12, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949- 644 - 3311, sbadum @newportbeachca.gov
PREPARED BY: Andy Tran
APPROVED: A
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TITLE: Newport Boulev rd and 32nd Street Modification - Approval of
Professional Services Agreement with VA Consulting
ABSTRACT:
In order to complete the final design of the Newport Boulevard and 32nd Street
Modification project, professional engineering services are needed to prepare
construction documents.
RECOMMENDATION:
Approve a Professional Services Agreement with VA Consulting of Irvine, California, for
the Newport Boulevard and 32 "d Street Modification project at a not -to- exceed price of
$278,973 and authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this purchase. It will be
expensed to the Gas Tax ($53,973.00) and Measure M Competitive ($225,000.00)
accounts in the Public Works Department, 7181- C2002048 and 7284- C2002048,
respectively.
DISCUSSION:
This project is located on Newport Boulevard between Via Lido and 30th Street and
involves widening Newport Boulevard to accommodate one additional northbound
through lane from 30th Street to 32nd Street and one additional southbound through
lane from Via Lido to 32nd Street terminating as a right -turn only lane at 32nd Street.
Bike lanes on both sides of Newport Boulevard will be added. The intersection at 32nd
Street will also be modified to improve roadway geometrics. This project also involves
the construction of raised landscaped medians, traffic signal modification at Finley
Newport Boulevard and 32nd Street Modification - Approval of Professional Services
Agreement with VA Consulting
June 12, 2012
Page 2
Avenue and 32nd Street intersections, signing and pavement striping. Right -of -way
acquisition will be required from several adjacent properties.
Staff requested proposals from the following six firms to provide professional
engineering services for the design of this project:
1. RBF Consulting, Inc.
2. VA Consulting, Inc.
3. HDR, Inc.
4. JMDiaz, Inc.
5. Advantec Consulting Engineers
6. Civil Works Engineers, Inc.
We received proposals from RBF Consulting, VA Consulting, JMDiaz, and Civil Works
Engineers. Proposals were independently evaluated and rated by three City staff
members.
VA Consulting, Inc. was selected based upon firm qualifications, project understanding,
expertise of project team, and successful past experiences. The proposed not -to-
exceed engineering services fee is $278,973 and includes the following scope of work:
• Research and data collection
• Utility coordination
• Topographic survey
• Geotechnical investigation
• Preparation of environmental documents
• Permitting with regulatory agencies
• Preparation of construction plans, specifications and estimates
• Preparation of traffic control plans
• Construction support services
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
.2
Newport Boulevard and 32nd Street Modification - Approval of Professional Services
Agreement with VA Consulting
June 12, 2012
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
§tea,ne tsaaum
Public4Vorks Director
A. Location Map
B. Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT WITH
VA CONSULTING, INC.
FOR NEWPORT BOULEVARD AND 32ND STREET MODIFICATION
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this day of , 2012 by and between
the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and, VA
CONSULTING, INC. a California Corporation ( "Consultant'), whose address is 6400
Oak Canyon, Suite 150, Irvine, CA 92618 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 Newport Boulevard between Via Lido and 30th Street
C. City desires to engage Consultant to prepare construction documents for the
Newport Boulevard and 32nd Street Modification ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be John Wolter,
Division President.
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 June 30, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and 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.
3.1.1 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.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) 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.
3.3 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
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Two Hundred
Seventy Eight Thousand, Nine Hundred Seventy Three Dollars and no /100
($278,973.00) without prior written authorization from City. No billing rate changes shall
be made during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 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 limited and include nothing
more than the following costs incurred by Consultant: ,
4.3.1 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.
VA CONSULTING, INC. Page 2
4.3.2 Approved reproduction charges.
4.3.3 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.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jeff Wilkerson to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Andy Tran,
Senior Civil Engineer shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
7.1.2 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.
VA CONSULTING, INC. Page 3
7.1.3 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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney'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,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of 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
VA CONSULTING, INC. Page 4
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.
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
14.1 Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
during the term of this Agreement. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
VA CONSULTING, INC. Page 5
14.2.1 Consultant shall procure and maintain for the duration of the
Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Consultant's bid.
14.3 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.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subcontractor's employees.
14.4.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 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, blanket contractual liability.
14.6 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 accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements.
VA CONSULTING, INC. Page 6
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions:
14.8.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to
a loss. Consultant hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its subcontractors.
14.8.1.2 Enforcement of Aqreement Provisions. Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.8.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement.
14.10 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.
VA CONSULTING, INC. Page 7
16. SUBCONTRACTING
City and Consultant agree that subcontractors may be used to complete the Work
outlined in the Scope of Services. The subcontractors authorized by City to perform
Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 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 frorn 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.
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 consultant or 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.
VA CONSULTING, INC. Page 9
23. VVITHHOLDINGS
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 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
26.1 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.
26.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
27.1 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:
VA CONSULTING, INC. Page 10
Attn: Andy Tran, Senior Civil Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 -644 -3315
Fax: 949-644-3308
27.2 All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attention: Jeff Wilkerson, Project Manager
VA CONSULTING, INC.
6400 Oak Canyon, Suite 150
Irvine, CA 92618
Phone: 949 - 474 -1400
Fax: 949 - 261 -8482
28. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, the Consultant shall be required to file any
claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
29. TERMINATION
29.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
29.2 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.
VA CONSULTING, INC. Page 11
30. STANDARD PROVISIONS
30.1 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.
30.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.4 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.
30.5. Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.6 Amendments, This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.8 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.
30.9 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.
30.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
VA CONSULTING, INC. Page 12
30.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES NEXT PAGE]
VA CONSULTING, INC. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE A California municipal corporation
nata- (4 / `� I* Z�- nmp-
By: 1 By:
Aaron C. Harp Nancy Gardner
City Attorney �iy\ Mayor
ATTEST: CONSULTANT: VA CONSULTING, INC.,
a California corporation
Date:
Date:
Bv:
Leilani I. Brown
City Clerk
Attachments:
By:
Max P. Vahid
President and CEO
Bv:
Michael S. Carter
Secretary and CFO
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
VA CONSULTING, INC. Page 14
I � ML Cc I i [ 1 5, wi/Anow
a -
Scope of`WGrk
Task A — Research, Data Collection and Field Visits
Following the notice to proceed, VA will schedule and attend a Kick -Off Meeting with City Staff to initiate the
Project; establish lines of communication; review and refine, if needed, the Project scope of work and
schedule; establish design guidelines; discuss Project parameters and constraints; and obtain background
information.
VA will research and obtain available as -built record street improvements, utility plans, assessor's parcel
maps, right -of -way maps, geotechnical reports, traffic studies and other pertinent information for the project
from the City, County, Caltrans and utility companies such as Orange County Sanitation District. The VA
team will initiate and obtain required City and Caltrans permits and right -of -entry for survey and geotechnical
field work, if required. .
VA Team will perform a field walk with sketchbook and digital camera to verify and identify noteworthy
features of the existing improvements. These features will include visible utilities, damaged curb, gutter, curb
ramps and sidewalk, traffic control and storm drain devices.
Task AD:eliveradles;;_ '
✓ Minutes of the. Kick- Qff _Meeting. with Action items.
List of obtained data in a table:format "
✓' Photo l'og.foldera'nd field notes
Task B — Utility Coordination
VA will identify all public utilities within the project limits and will assist City staff with utility coordination. VA
assumes that City staff will request all utility maps and send out all utility verifications and relocation notices.
VA will add all existing utilities found within project limits based on available information to the base map, and
indicate any proposed utility adjustments or relocations on the construction plans. VA will identify any utility
lines that may interfere with proposed construction. A budget of $5,000 has been allocated for potholing to
locate active and abandoned utilities and avoid conflicts with the proposed location of the new signal poles
with deep foundations. This budget will be used as a contingency as directed by the City's project manager.
Task C — Field Surveying Services
VA will research, compile and review existing survey control and mapping data from the City, County or other
governing agencies for right -of -way information adjacent to or relevant to the project's design. VA field crews
will locate project specific record map centerline bearings for horizontal control, Benchmark for vertical
control and transfer it to the project including centerline monument search (if existing /recoverable) to use for
the subsequent topographic design survey.
VA will perform ground topographic survey as required in the RFP for the project site including transitional
areas adjoining new improvements and intermediate adjoining intersections.
Topographic design survey will be utilized in preparation of the base mapping to include cross - sections at a
maximum of twenty five foot (25') intervals including the ground surface and any visible surface utilities
(manholes /inverts, water valves, fire hydrants, catch basins, utility boxes, utility poles, guy wires, vaults, etc.)
curb /gutter, driveways, existing adjoining building corners, fences, landscape, trees, striping, paving, walks,
handicap ramps, walls, signage, etc. The survey data will be down loaded and compiled to create
topographic mapping of the area, including right -of -way, centerline, parcel lines, surface features, culture and
V CITY OF NEWPORT BEACH
NEWPORT BOULEVARD AND 32 "° STREET MODIFICATION
CONSULTING
contours for tentative mapping purposes. The final map (24" x 36 ") will be at a scale of 1" = 40' with 1'
contours.
The VA team can offer High Definition Three - Dimensional Laser Scanning Survey for the project in place
of, or supplement to conventional topographic surveying at no additional cost. The advantage of this method
is that it does hot require lane closures and slowing traffic on busy traffic routes and intersections such as
Newport Boulevard and still gathers a much larger amount of topographic data for roadway and buildings.
Task C Deliverables:
✓
One haMcopy and one digital AutoCAD copy of the topographic mapping and signed field
survey notes fob the project ;site.
Task D - Base Mapping
Upon completion of the above Tasks, A through C, data will be compiled by VA staff using City topographic
symbols to create an accurate base map at a scale of 1" = 40' with 1' contours. The topographic base map
will depict the existing conditions together with the right -of -way boundary/centerline including surface
features, visible surface utilities (manholes /inverts, water valves, fire hydrants, catch basins, utility boxes,
utility poles, overhead utilities, guy wires, vaults, etc.) curb /gutter, driveways, fences, landscape, trees, striping,
paving, walks, handicap ramps, right -of -way, culture and contours for design purposes as required by the
RFP for each sheet.
VA will perform a field walk with City staff to ensure detailed depiction on the plans and specifications of existing
conditions and work requirements.
Task D D'eliverables:
✓. One h$rdb6py:and one digital'AutoCAD' dopy of the Base Map (including layering, line style..
and color specification) at V -4'0' scale with 1' contour.
Task E - Geotechnical Investigation
Ninyo & Moore (N &M) will prepare the geotechnical investigation for the project in order to provide
geotechnical design criteria and recommendations for the proposed roadway widening and raised median
construction. The general scope of geotechnical services will include:
° Review of readily available background materials, including published geologic maps and literature, in-
house information, and stereoscopic aerial photographs. We will also review existing geotechnical data
and reports provided by the City of Newport Beach.
• A field reconnaissance to mark proposed boring locations for underground utility clearance and to
observe the general condition of the pavement and locate areas of pavement failure.
• Obtain appropriate permits to perform the proposed subsurface evaluation.
• Subsurface exploration consisting of the excavation, sampling, and logging of six small- diameter borings
to depths of up to approximately 5 feet, or until refusal, whichever is shallower. Three borings will be
located along the project alignment of the northbound side of Newport Boulevard. The remaining borings
will be located along the southbound project alignment. The borings will be excavated to evaluate the
subsurface conditions and to collect samples for laboratory testing. Relatively undisturbed and bulk
samples will be obtained at selected intervals from the borings. The soil samples will be transported to
our laboratory for testing. The borings will be backfilled with on -site soils and temporarily patched with
concrete. If hot patching is required, under separate mobilization hot asphalt concrete patching will be
performed at additional cost in accordance with the requirements of the city of Newport Beach.
o Laboratory testing of representative soil samples to evaluate in -situ moisture and density, sieve analysis,
Atterberg limits, shear strength, expansion index, R -value and corrosivity.
�� /��CITY OF NEWPORT BEACH
V NEWPORT BOULEVARD AND 32 "O STREET MODIFICATION
CONSULTING
Data compilation and engineering analysis of the information obtained from our background review,
subsurface evaluation, and laboratory testing. Our engineering analyses and recommendations will
include:
- Recommendations for the proposed pavement reconstruction /rehabilitation in general accordance
with Asphalt Institute methods for design of overlay thickness.
- Excavation characteristics of the on -site materials.
- Fill material and compaction requirements.
- Evaluation of the corrosion potential of on -site soils.
o Preparation of a report prepared in general accordance with Caltrans requirements including preparation
of Logs of Test Borings to present our findings, conclusions and recommendations pertaining to the
design and construction of the improvements.
TaskE Deliverables:
✓ Three (3) copies of both draft and final, geotechnibal.reporfs will .be provided to the'City; A
final color, slgnetl; wet stamped report copy will also be provided In Adobe Acrotiat (pdf) .
format, if desiretl; so that report,copleg are available for distriliuti in at all'times:
Task F — Environmental Documentation and Permitting
1. Initial Study /Mitigated Negative Declaration
Chambers Group will prepare an Initial Study /Mitigated Negative Declaration (IS /MND) in compliance with the
California Environmental Quality Act (CEQA). The Initial Study will provide a comprehensive reporting on the
potential environmental impacts of the project, the mitigation measures that have been specifically designed
to reduce or avoid the impact, and a conclusion as to the effectiveness of the mitigation measures to reduce
the impacts to insignificance. Based on Chambers Group's recent participation on similar projects within
southern California the firm is highly - qualified to prepare the IS /MND for this project. The accompanying
proposal outlines the scope of services necessary to prepare and process a IS /MND, based on the information
provided by VA Consulting, Inc. about this project.
2. Technical Studies /Reports /Permits
The following technical studies will be prepared by VA Consulting, or their sub - consulting partners and provided
to Chambers Group for inclusion in the IS /MND: traffic impact analysis, hydraulic - hydrologic report, soil and
geotechnical report, and Initial Site Assessment. VA Consulting will procure an encroachment permit from
Caltrans. Chambers Group WII prepare the following technical studies that will be utilized in the preparation of
the IS /MND: air quality impact analysis, noise impact assessment, and cultural resource report. No biological
resources report is deemed necessary. Chambers Group will also prepare and submit a Coastal Development
Permit application to the California Coastal Commission. The technical reports to be prepared by Chambers
Group are described below.
It is understood that Caltrans will be a responsible agency for this project. The cost estimate was based on
Caltrans reviewing the Draft MND and Final MND two times. Should Caltrans request additional involvement
the cost for that would be negotiated with the City. The Coastal Development Permit should be straight forward
and one round of review by the California Coastal Commission should be adequate. Additional reviews by the
Coastal Commission would be negotiated with the City.
3. Project Coordination
Chambers Group is committed to developing and maintaining effective communication with City staff and the
engineering consulting team throughout the duration of this project. These efforts are intended to finalize
any outstanding issues concerning this work effort, facilitate ongoing support of staff concerning various
aspects of this project, attend meetings to discuss the IS /MND (Draft and Final versions), and attend public
hearings (as necessary).
��/��CITY OF NEWPORT BEACH
V NEW PORT BOULEVARD AND 32ND STREET MODIFICATION
CONSULTING
The following meetings will be attended: one project kick -off meeting, five (5) progress meetings with City staff
and the engineering consulting team, and two (2) community /council/ commission meetings, if requested.
4. Initial Study
Upon receipt of copies of all applicable documents in the possession of the City staff and the engineering
consulting team, Chambers Group will prepare the Screencheck IS /MND presenting its assessment of the
project's potential environmental impacts.
The Initial Study will include the following information: project description that depicts the precise project
boundaries on local and regional maps prepared using GIS; a description of the natural and built environment
in the vicinity of the project site with emphasis being placed on environmental resources that are rare or
unique to the City of Newport Beach; all other required agency approvals; and a discussion of the
environmental evaluation which will describe and evaluate the potentially significant environmental impacts
associated with the project. For the environmental impacts that exceed the significance thresholds
established by the City's adopted Environmental Guidelines, Chambers Group will identify mitigation
measures designed to reduce significant impacts to a level of insignificance, and a conclusion will presented
as to whether the mitigation measures will reduce the impacts to a level of insignificance. The environmental
evaluation section will provide detailed analysis and discussion of those environmental topics deemed
"Potentially Significant Impact' and "Potentially Significant Impact Unless Mitigated." The environmental
evaluation discussions will be based on the technical studies prepared for the project. Where the project
would result in "No Impact" or "Less Than Significant Impact" for a particular environmental topic, the Initial
Study will include a sufficient discussion which supports such a finding.
Each mitigation measure presented in the environmental evaluation will be prepared in compliance with
CEQA in terms of effectiveness and feasibility. Each mitigation measure will include the six required
components of who, what, where, when, why, and how. Where there are alternative mitigation measures
available to address a specific impact, the environmental evaluation will identify the recommended measure
and provide the specific reason(s) behind selecting a preferred measure over the other alternative measures.
5. Screencheck Draft Initial Study
Chambers Group will prepare a Screencheck Draft Initial Study for review by City staff and the engineering
consulting team for review and comment. As required, that document will include a brief description of the
project, the name of the project proponent, a proposed finding that the project will not have a significant effect
on the environment, and an att ached copy of the Initial Study checklist documenting the reasons to support the
findings and mitigation measures to reduce or avoid identified impacts.
The Screencheck Draft Initial Study will be revised in accordance with the comments received as directed by
the City's project manager. Two rounds of review are included in this task.
Notice of Intent to Adopt a MND. Chambers Group will prepare a Notice of Intent to Adopt a MND in order to
give sufficient notice to the public, responsible agencies, trustee agencies, and the County Clerk. Per State
CEQA Guidelines, the notice will contain a brief project description and its location; the starting and ending
dates for the review period during which the City will accept comments; the date, time and place of any
scheduled public meetings and /or hearings; and the address where the copies of the MND are available for
public review.
Notice of Availability. Chambers Group will provide to the City a notice of document availability to the public,
Responsible Agencies, Trustee Agencies, and the County Clerk.
6. Public Review Draft Initial Study /Mitigated Negative Declaration
Chambers Group will prepare the public review version of the Draft IS /MND, provide the City with 20 copies
(estimated for budgeting purposes) of the document, and one electronic copy of the document in Microsoft
Word and pdf format.
VU /�� CITY OF NEWPORT REACH
NEWPORT' BOULEVARD AND 32 "O STREET MODIFICATION
CONSULTING
Circulation Period. The Draft IS /MND will be prepared for the 30 -day circulation period because it must be
circulated to the State. A "CD" of the Draft IS /MND in a pdf format will be provided to the City for upload to their
webpage. Chambers Group will be responsible for the distribution of the document and the City will be
responsible for newspaper notices.
7. Final Initial Study /Mitigated Negative Declaration
After the 30 -day public circulation of the Draft IS /MND is over, Chambers Group will perform the following tasks.
a) Final Document Preparation
Chambers Group will prepare the Final IS /MND for review by City staff and the engineering consulting
team. Responses will be prepared for all comments received during the public review period. A maximum
of ten comment letters will be responded to. The Final IS /MND will be revised as necessary to reflect any
comments received during the public review period, including comments by City staff and the engineering
consulting team. Responses to additional comment letters will be negotiated with the City.
The Final IS /MND will include an Appendix section that contains all official documents related to its
processing including the "Initial Study," "Notice of Intent to Adopt an Negative Declaration," "Notice of
Determination (NOD)," Planning Commission meeting minutes, and City Council meeting minutes, etc.
b) Posting with the County Clerk
Chambers Group will post the NOA and Notice of Determination (NOD) at the Office of the County Clerk.
Payment of California Department of Fish & Game (CDFG) fees is required when the NOD is filed with the
County Clerk and the fee amount is riot included herein. Current 2012 fee is $2,101.50. A check will need
to be provided to Chambers Group for the NOD submission, which must occur within five (5) working days
after project approval by the City Council.
Chambers Group is committed to the expeditious completion of the CEOA documentation process and will
allocate all necessary manpower and associated resources as required to complete that document within the
following time frames.
• Submission of Screencheck Draft IS: Within six (6) weeks of Notice to Proceed and receipt of all required
technical studies.
• Submission of Revised Screencheck Draft IS /MND: Within two (2) weeks of receipt of City comments.
• Submission of Public Review Draft IS /MND: Within one (1) week of receipt of City comments.
• Submission of Final IS /MND: Two (2) weeks before City Council project approval.
Task F. Deliverables;
✓ TWO (2) copies of the Screencheck Initial Study. (IS) and an electronic copy of the .
document in Micrdsoft,Word foiina4 ".
✓ Two (2) copies of the Revised'Screencheck Initial Study 6M.a -nd an electronic copy of the'
document in Microsoft Word format.
✓' Twenty 120) conies of the Public Review Draft Initial.St6cly (IS)' $,. Mitiaated. Neoafive-
✓' Mi e (5) copies, of the. Approved Initial "Study (IS) & Miitigated Negative Dedaratic
and an electronic copy of the document in, Microsoft Word forriiat'arid Acrobat pdf.
Task G — Right -of -Way Engineering
VA will prepare metes and bounds legal description /plat exhibit for right -of -way acquisitions and temporary
construction easements.
��/�
V � 'CITY OF NEWPORT BEACH
NEWPORT BOULEVARD AND 32 "0 STREET MODIFICATION
L'ONSULTLNG
This proposal includes reviewing a 6 month current preliminary title report provided by Client and
deeds /easements /record maps of each of four affected properties and preparation of legal description /plat
exhibit and Temporary Construction Easements (TCE's). Based upon the RFP, four legal descriptions and
four TCE will be prepared for the additional RNV take and widening. Negotiations and property appraisals will
be provided by the City.
Task G Deliverables:
Four (4).legal. descriptions four (4) TCE furight.of way acquisition' purposes. VA will submit'
copies' of the, project right of way maps to the City for review 'an approval. Fihal map's will .
be delivefed to the City on mylaf and electronically.
Task H — Preliminary Design
Following completion of background research, field inventory and the collection of survey data, VA will
prepare five (5) preliminary design exhibits showing various geometric alternatives for the project. These
exhibits will contain existing aerial photo / topographical linework, proposed geometrics, modifications to
existing traffic signals, major utility relocations, existing and proposed R/W lines, and addresses or Assessor
Parcel (AP) numbers of the properties impacted.
VA will meet with City staff to discuss the project objectives, constraints and opportunities for developing the
different design alternatives. It is assumed that the exhibits will consist of different configurations for the
Newport Boulevard / 32nd Street intersection, particularly focusing on the northwest corner where the vacant
Wachovia Bank building is located. These exhibits will help demonstrate how different geometrics have
different impacts to gained /lost parking stalls, offsite improvements, right of way acquisition, utilities, project
cost, and the overall level of service of the intersection. These alternatives will also consider intersection
geometricsfor interim and ultimate conditions.
The preliminary design exhibits will be submitted to the City for review and selection of a preferred alternative
prior to VA beginning the preparation of project final design documents. The selected alternative will be used
to develop a consensus between the City, the property owners, and the VA team on the design and impacts
of the proposed project. Once a consensus is achieved, the right -of -way engineering, acquisition, and
design process can go forward expeditiously, without delay to the project, as key issues have already been
identified and resolved.
Task 'H Deliverables-
✓ Copies, of preliminary design exhibits for five design alternatives.`
Task I — Plans, Specifications & Estimates (PS &E)
1. Improvement Plans
a) Title Sheet, Construction Notes, Details and Typical Sections
Project PS &E will include a single plan set incorporating a title sheet that will provide vicinity and key maps
and index to drawings. Sheet 2 will show all construction and general notes, construction symbols, plan
references, etc. in standard City format. Sheet 3 will show all the roadway typical sections and other details
that apply to several locations in the project. Design details at a scale of T' = 10' will be prepared for all new
wheelchair ramps, cross gutters, transition areas, driveways and driveway approaches. As there are a
variety of pavement join conditions, VA will prepare the required details for joining existing pavements as
necessary.
b) Roadway Plans and Profiles
��/� CITY Or NEWPORT BEACH
V NEWPORT BOULEVARD AND 32 "0 ST BEET MODIFICATION
CONSULTING
Following completion of background research, base mapping, and Feld review, roadway construction plans
will be prepared in "Plan and Profile' format at T' = 40' and T' = 4' vertical scales for the required
improvements. Roadway construction plans will be prepared in CADD, under the City's logo, in accordance
with City format and design standards. VA will maintain current editions of the design reference publications
as applicable to the project.
The roadway plans will include the construction of new pavement, curb and gutters, raised landscaped
medians, sidewalks, driveways, access ramps, and bus stops. Where necessary, access ramps will be
added or modified in accordance with current ADA standards. Roadway plans will clearly show the
disposition (removal, adjust, relocate, protect, etc) of all existing facilities such as storm drain, wet and
dry utilities, driveways, sidewalks, ramps, curb and gutters, bus stops, fences, etc., that will be impacted
by the proposed improvements.
The roadway plans will also include off -site construction and disposition notes for features impacted by
the street widening such as commercial signs, landscaping (including tree removals or relocations),
parking lot repaving and restriping, parking lot lights, utility adjustments and relocations, fences, building
modification, and the construction of slough /retaining walls if required. It is assumed that the relocation of
any commercial signs or modifications to the existing buildings will be done by others.
c) Design Cross sections
Cross sections will be plotted using a 1" = 1' vertical and a V = 10' horizontal scale at every 25 foot
intervals and will depict proposed and existing elevations and cross slopes. Design cross sections will
be submitted with the first plan check.
d) Signing and Striping Plans
VA will prepare one (1) signing and striping plan using AutoCAD at 1" = 40' scale, "double stacked" with
two viewports per sheet, for new striping, pavement markings, and signage required for project
implementation. The signing and striping plans will include centerlines and stationing that match the
roadway improvement plans and will show intersecting side streets as necessary to clearly define traffic
operation with the proposed project. The plans will include existing signs and new signs if necessary to
meet current California Manual on Uniform Traffic Control Devices (CA MUTCD) standards. The traffic
sign work will be based on an inventory of existing signs (including traffic signal, street light, and utility
pole mounted) and an assessment of new project sign upgrade requirements, if any. If necessary, the
striping plans will also include the restoration of traffic signal detector loops destroyed by implementation
of the street improvements at the 30 °i Street signalized intersection where a signal modification plan is
not being prepared. The plans will show new loops being spliced to existing detector lead -in cable (DLC)
at adjacent pull boxes. All improvements will be based on the latest edition of CA MUTCD Caltrans
standard plans and specifications, and City /agency standards.
e) Traffic Signal Modification Plans
VA will prepare two (2) traffic signal modification plans using AutoCAD at 1" = 20' scale, per City of
Newport Beach /Caltrans requirements, for traffic signal modifications at the Newport Boulevard at Finley
Avenue and 32nd Street intersections. The traffic signal at the Finley Avenue intersection is operated and
maintained by Caltrans. Improvements including but not limited to new traffic signal poles, conduit, pull
boxes, loop. detectors and controller cabinet relocation will be required at each intersection. As part of
this task, VA will conduct a thorough field inventory of the existing signal improvements at the
intersection to confirm and supplement the as -built plans.
f) Traffic Control Plans
Based upon the project improvements, VA anticipates that generally three construction phases will be
required. One phase will consist of closure of the curb lanes on Newport Boulevard to construct the
outside curb widening improvements and a second phase will consist of closing the inside No. 1 through
�� /� CITY OF NEWPORT BEACH
VOW BOULEVARD AND 32" STREET MODIFICATION
CONSULTING
lane in each direction of Newport Boulevard for construction of the raised median improvements. A third
phase would construct the "pork chop" islands at the 30 "i Street and 32nd Street intersections. Based on
this phasing, four (4) construction phasing /traffic control plans will be required for implementation of the
project improvements: three (3) for Newport Boulevard and one (1) for 32 "d Street. Traffic control plans
will be prepared using AutoCAD, at 1" = 40' scale and will follow the guidelines established in the
California Manual on Uniform Traffic Control Devices (CA MUTCD). Traffic control plans will be "double
stacked" with a minimum of two horizontal layout strips placed on each plan. The plans will show traffic
control measures required for the construction of the project including all traffic control devices,
temporary lane delineation, and construction signing. VA will make every effort to reduce the impacts of
traffic control and lane closures on adjacent properties by implementation of an efficient design that
emphasizes public and worker safety and cost - effective construction.
g) Hydrologic /Hydraulic Analyses and Storm Drain Design
VA will prepare a local onsite hydrology and hydraulic analyses for the relocation of the existing catch
basins and associated storm drain laterals along the Newport Boulevard(approximately 3 existing catch
basins will be impacted). VA will prepare storm drain plan, profiles and details that will be incorporated
into the project plan set.
h) Landscape and Irrigation Plans
NUVIS will conduct a feasibility study to provide a design which includes aesthetic landscaped median
and hardscape improvement within the project limits. At this stage, NUVIS will be discussing design
strategy with the design team, and the City of Newport Beach and responding with a preliminary
landscape plan in plan view format for review and comment. The graphic exhibit will depict the proposed
landscape and softscape patterns, textures, materials, and colors for the project. NUVIS' plant selection
and irrigation equipment requirements are tailored to the specific project to ensure maximum
effectiveness. We shall use indigenous or adaptive plant materials when and where applicable. The
placement of trees and shrubs will be arranged in a manner that they will not block the visibility of
opposing through traffic by left- turning motorists or limit required sight distance at the intersection.
NUVIS shall pay careful attention to the existing drainage patterns so that the proposed improvements
do not increase the storm water runoff from the site or the proposed improvements do not alter the
existing storm water discharge locations. NUVIS incorporates permeable materials to utilize water run
off for watering plant materials and bioswales to slow the flow of rainwater runoff into the sewer system.
Upon approval of the concept plan, NUVIS will begin preparation of construction documents will be
completed at 1 " =20' scale and will include, but not limited to:
U Reference standard drawings;
o Irrigation plans which illustrate pipe sizes, heads, valves, clock locations, points of connection, and
water schedule(s) in compliance with AB 1881;
• Planting plans which illustrate size, location, and species; and
• Appropriate notes and development details.
NUVIS has included an allowance for three (3) meetings and /or presentations to regulatory agencies.
Tdgk-0 De.Ae. rab /es:
✓ Plans and supporting documents will be submitted at 50 %, 80% and 100% completion for
review and comment by the City (five full size bopies at each submittal; plus, Mylar and
electronic fill es at 100 " /o completion).
2. Special Provisions
VA will prepare Special Provisions (including traffic control and detour information) and Bid Schedule forms
in a format consistent with current City projects and boiler plate to be incorporated into the City's construction
��/��CITY OF NEWPORT BEACH
V NEWPORT BOULEVARD AND 32NO STREET MODIFICATION
WNSULTMG
specification document package.
Task l:2 Deliverables:
VA 'will'su6mi£ special provisions.* and technical specifications_ including electronic files
(Word ,format) at 80 %, and Firial Plan "stages.
3. Quantity Calculations and Cost Estimates
VA will prepare a complete construction quantity and engineer's opinion of probable construction costs for
the project. VA will submit the detailed quantities and cost estimates with back ups at 50% and 80% and final
submittals. VA will compare the estimated construction cost to the available budget. If the estimated costs
exceed budget, VA will provide recommendations for costs reduction.
Task l.3 Dejiverables
✓ VA,v✓i,IL "submit', uantities and.'o i
q _ p ions of cost. with back up ineluding,elect onic files (Excel,
fonr at) af;50 %, 80 %, and Ffrial Plan stages.
4. Caltrans Encroachment Permit
VA will prepare and submit, on behalf of the City, a standard Encroachment permit application with
applicable plans including traffic control plans and specifications to Caltrans District 12, for review and
approval for Project construction within State right -of -way at Newport Boulevard north of Finley Avenue. The
City should be exempt from a permit application fee. Preparation of Permit Engineering Evaluation Report
(PEER) and Design Exception Reports (Fact Sheets) are not included in this scope of work, but maybe
required due to the proposed Caltrans non - standard lane widths.
Task. l.4 Deliverables:
✓ Caltrans Encroachment Permit app licatidn with suppoittng documents.
Task J — Project Management and Meetings
This task provides for project management time to coordinate the activities of the consultant team and City of
Newport Beach staff during progress of the work, and management time to prepare for and attend project
meetings during the design phase of the project. We have assumed management time of approximately 6
hours per month for eighteen (18) months and four (4) hours per meeting for a maximum of fourteen
meetings for a total of 164 hours.
VA will prepare for and attend a maximum of fourteen (14) meetings during the design phase as follows:
1 — Kick -off meeting;
1 — 50% Plan submittal review /approval meeting;
1 — 80% Plan submittal review /approval meeting;
1 —100% Plan submittal review /approval meeting; and
10— Design meetings.
VA will prepare and distribute meeting agendas and minutes and communicate regularly with City staff
regarding project issues and status via email and telephone.
Task J Deliverables:
Meeting Minutes and Progress Reports.
Task K — Bid, Construction Support and As- Builts
�� /��CITY OF NEWPORT BEACH
V NEWPORT BOULEVARD AND 32X0 STREET MODIFICATION
CON$ULT"o
VA will prepare addenda and provide clarification of plans and specifications during bid phase. VA will attend
the pre -bid and pre- construction meetings as required. VA will be available to clarify design - related issues
during bid and construction including preparation of addenda, respond to Request for Information (RFI) and
submittal reviews. VA will prepare "as- built" plans based upon redlines provided by the City inspectors and
the contractor. The budget for this task assumes approximately 96 hours of combined staff time for bid,
construction support and preparation of as- builts.
Task H Deliverables;
✓ Lag requests of RFIs; respohses, anal submittal reviews.,
✓ As -Guilt drawfngs in mylaFs and electronic format on Cb at completion of construction
OPTIONAL (AS- NEEDED) TASKS
The proposal will include preparation of the WQMP and SWPPP and other water quality related documents
that maybe required by City or Caltrans as optional items. These tasks will be used only as directed by the
City's project manager:
Optional Task L —Water Quality Management Plan (WQMP)
A Project specific WQMP will be developed for the Project in accordance with the National Pollutant
Discharge Elimination System, MS4 Permit as issued by the Regional Water Quality Control Board
( RWQCB). VA will assess the potential impacts on water quality that could result from the proposed Project
improvements. Once identified, VA will develop a plan that mitigates these potential water quality impacts
through the implementation of selected Best Management Practices (BMPs). The water quality assessment
will be included in the WQMP. Upon determining the recommended BMPs for the Project, VA will prepare the
WQMP. The WQMP will include a project description, identify pollutants of concern, and will demonstrate
the adequacy of the recommended BMPs to treat water quality flows in accordance with the NPDES permit.
The format of the WQMP will adhere to RWQCB standards.
Optional Task M — Storm Water Pollution Prevention Plan (SWPPP)
VA's in -house Qualified Storm Water Pollution Prevention Plan Developer (QSD) will prepare a SWPPP for
the Project to address water quality concerns during construction activities. The preparation of the SWPPP
will include a risk assessment of construction activities and the downstream receiving waters in order to
establish the Project's Risk Level. The SWPPP will include a narrative describing proposed construction
BMPs and their effectiveness in meeting National Pollutant Discharge Elimination System ( NPDES)
requirements. The SWPPP will include a site plan based on proposed erosion control plans and will depict
the recommended construction BMPs intended to manage the quality of water that exits the site during
construction. This task also provides for the filing and processing of the Notice of Intent (NO]) with the
RWQCB and also includes all pre- construction filings through the State Water Resources Control Board's
Storm Water Multiple Application and Report Tracking System (SMARTS).
Optional Task N — Caltrans Storm Water Data Report (SWDR)
If required of the Project and requested by the Caltrans, VA will prepare a water quality evaluation in
accordance with the Caltrans Storm Water Quality Handbook, Regional Water Quality Control Board
( RWQCB), and City methods and criteria. Based upon the extent of soil disturbance and degree of
stormwater impacts associate with the project, a Short Form SWDR is anticipated and would prepared. The
Short Form SWDR would include a description of the project within Caltrans right -of -way, and demonstrate
that conformance with Short Form requirements. The Short Form SWDR will be submitted and processed
with Caltrans for approval.
Optional Task O — Caltrans Water Pollution Control Plan (WPCP)
��/��CITY OF NEWPORT BEACH
V NEWPORT BOULEVARD AND 32 "OSTREET MODIFICATION
CONSULTING
IT
Imi'v
.[Em� 1'1� M$E
VA CONSULTING, INC.
ENGINEERS • PLANNERS • SURVEYORS
6400 Oal( Canyon, Suite 150
Irvine, CA 92618
Phone (949) 474 -1400 Fax (949) 261 -8402
CONSULTING
Staff Classification
Civil Engineering and Planning Services
President.................................................................. ...............................
Division President/Division Managerr ......................... ...............................
Sr. Vice President/Vice President/ Exec. Directorr ..... ...............................
Director..................................................................... ...............................
SeniorProject Manager ............................................ ...............................
ProjectManager... ............................. ................................... .................
Assistant Project Manager ........................................ ...............................
Senior Project Engineer /Senior Design Supervisor /Senior Planner..........
Project Engineer /Design Supervisor ............................... .... I .... I...............
Senior Design Engineer /Senior Designer .................. ...............................
hocinn Fnnincar /P l�nnr�r
FEE SCHEDULE
Hourly Rate
Field Survey and Mapping Services
..... $132
..... $122
..... $117
..$110
..... $'100
$ 95
$ 90
$ 85
$ 80
$ 70
$ 69
Director of Survey and Mapping ....................................................... ............................... $158
Manager of Field Survey ................................................................. ............................... .......$130
Survey and Mapping Associate .............................................................. ..............................$ 95
Survey and Mapping Technician ............................................................ ..............................$ 75
3 -Man GPS Crew ....................................................... ............................... ...........................$235
2 -Man GPS Crew ....................................................... ............................... ...........................$205
1 -Man GPS Crew ....................................................... ............................... ...........................$175
Special Services
Litigation .........
Notes:
1. Invoices will be prepared for all services through the end of each calendar month. Invoices are due and payable upon
presentation.
2. Overtime, when requested by the client, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays
will be surcharged at a rate of 170% of the standard hourly rates.
3. Reprographics, messenger service, travel (including lodging and meals), and other direct expenses will be charged at cost plus
10 %. The services of outside consultants will be charged at cost plus 15% to cover administration and overhead.
4. In -house reprographics charges: B &W Bond copies $0.66 1sq.ft, Color Bond $6.00 /sq.fl.
5. Mileage will be billed at standard mileage rates set by IRS.
v,\\\
1:�YaAw,-
CONSULTING
CITY OF NEWPORT BEACH
NEWPORT BLVD. AND 32ND STREET MODIFICATION
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Research, Data Collection and Field Visits
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-
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io
a
— -
12
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..
- —
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40
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$5.014
Us
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us
$5,00
26
40
53,256
$10.089
C
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Base Mapping
....
--
2
2
4
- ------
1,
1,
----48
—
10
—
26
SO
30
$13.334
53,306
-T--
200
12R
is.
35
BO
51],534
3.356
E
F
130cleanical
Em iranm�WW Documentation and� g
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in
4
8
0
12
B
61.504
4 -
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$83
$3
$14.6i6
. .. .......
12
T172—"—
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G
Right-of-Way Engineering (4 Lapis, 4 TCE)
4
as
64
116
—EL62
$12,908
$194
S,i34
a3a102
I
Prelviiii Ocsign
Plans. Specffi�tan. ard E.Um��
4
12
24
32
_is
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SO
$13208
$198
$13.405
JA, _hipmemetPL
Plans
a) Title Sheet Coni;WCt[on N.I.S. D.t.fl. Typical Seeflons
3
IT
$8.550
size
b) Roa�vay Mans and Profiles (1�4(Y)
c) Design Crass sedions
a
2-
2
=2
—4
4
24
4
20
16
-06
a
2
W
32
12.1350
$4,004
90
$60
_,Sa
_72___58.670
Too
32
$12.850
S,i.064
SignlOy nd Srjqfana_
e)Tmfflc Signal Viodifimlion Plans
I
2
1
2
0
20
2
4
48
20
31
94
$4.211
512.390
$63
$1136
94
T.274
$12,576
[G
Q Traffic Contral Plans
—
4
—
1
—T----7
4
7s
a
73
$9.541
$143
73
$9.684
9) Hydrology and HyOmulicAnaltslstStom Drain DimsF7dr�
1
2
4
16
L4
12
so
$7.378
$111
68
$7.489
L2
ft�W a 2,Ld_LqLatfian_�!W�_
Special Provisions
4
2
4
f
is
4.
12
6
2
is
38
U.112
55,072
$76
$14,80!
16
36
316949
$5.148
1.3:
Quantities and Cast Estimates
1
4
6
6
16
as
u,iw
$62
33
U219
1.4
Caltrans Encroachment Permit
16
16
a
52
57.435
5112
62
.64B
J
Project Management and Meetings (10.
24
2
_....11L
. ..... 1�
__
_. _._
__
_ 164
$24,584
$365
164
$24.932
K
Sid, Construction Support and �guilts
6
12
42
12
is
96
$13.169
5198
52,320
96
Sts,6E6
TOTAL HOURS
47
108
302
ISO
238
158
5aj�41
48
4
SO
84
1151
1151
TOTAL FEES
$0,131
$17,604 $44,394
$24,316
1 $29,036
$18,486
1 $5,220
$276
$7,540
$7,980
$173,323
$2,600
$0
$85,221
$1,293
$261,144
OPTIONAL (AS NEEDED) TASKS
L
M
NQMP
2
2
2
24
is
Ii
2
f$9,840
30
34
$4.902
$4,V2
$74
—
$64
36
14
$4.976
.336
S41
N
O
Caftrims SWDR
lr3n1VWCP
Cal-
1
2
12
14
2
a
..
.....
2
6
25
Z
—L-1.
$$.1
$471
16
1 251
$2,154
$2.132
'Subtotal Optlinill-Tasks
1
12
+G
168
30
0
,,a
6
.0
..a
113
S 14;431:
$ 216.
'10
1$7 --
��,113
-S. 17;829.
I` -'KateF(SW
7
1ST73
05 1163
- 3147Z
}�-,$,FJ74
7
GRANDTOTALHOURS
48
111)
Soo
256
268
158
58
10
481
58
841
1264
z
0
72T41'
GRAND TOTAL FEES
$8,304
$17,930
$45.276
$33,792
$32,696
$18,486
$5,220
$690
$9,840
1 $7.541)
$7,980
1
$85,221
$1,406
1 $278,973