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HomeMy WebLinkAbout08 - Old Newport Blvd & West Coast Hwy ModificationsCITY OF 4 �gW Poor U S c� 00.P duty Councpp Staff Report Agenda Item No. 8 May 14, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Webb, Public Works Director /City Engineer 949- 644 -3328, dawebb @newportbeachca.gov PREPARED BY: Patrick Arciniega P.E., Senior Civil Engineer 949 -644 -3347, parciniega(a�newportbeachca gov APPROVED:ia TITLE: Approve Professional Services Agreement with Kreuzer Consulting Group for Old Newport Boulevard and West Coast Highway Modifications — Contract No. 5244 ABSTRACT: Staff requests approval of a Professional Services Agreement to provide engineering design services for improvements to the Old Newport Boulevard and West Coast Highway Intersection. RECOMMENDATION: Approve a Professional Services Agreement with Kreuzer Consulting Group (KCG) of Seal Beach, California, for design and construction support services at a not -to- exceed fee of $324,734.00, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for engineering design services within the Measure M and General Fund accounts, 7013- C2002060 and 7284- C2002060 respectively. DISCUSSION: The proposed project is located at the intersection of Old Newport Boulevard and West 1 of 48 Approve Professional Services Agreement with Kreuzer Consulting Group for Old Newport Boulevard and West Coast Highway Modifications — Contract No. 5244 May 14, 2013 Page 2 Coast Highway in the City of Newport Beach. The project limits begin approximately 1,000 feet east and end 400 feet west of Newport Boulevard along West Coast Highway. Currently there are three westbound and two eastbound lanes within the project limits. The third westbound lane terminates as a right turn lane at Old Newport Boulevard. The proposed improvements involve widening the north side of West Coast Highway to add a third through lane, a possible right turn pocket at Old Newport Boulevard, and a bike lane on the north side of West Coast Highway. Old Newport Boulevard may also be realigned further to the west at the intersection with West Coast Highway. This project will include storm drain modifications, landscape and irrigation improvements, utility relocation and adjustments, and signing and striping. Based on conceptual review of the project, some right -of -way acquisition most likely will be required from adjacent parcels to allow for the third vehicle and bicycle lane. This portion of West Coast Highway is currently under Caltrans' jurisdiction and staff will be coordinating with Caltrans during the design and environmental review process. Design efforts will be funded by OCTA Measure M2 and local funds. It will be necessary to identify funding for construction in the CIP budget process in future years. In accordance with Council Policy F -14, on January 7, 2013, staff invited five Engineering firms to submit proposals for design of this intersection improvement. Five proposals were received on February 4, 2013. A team of Public Works staff members reviewed the proposals and evaluated each firm's qualifications, past experience on similar projects, and availability for this project.. Interviews were held in early March with the 2 highest ranked firms and staff ranked KCG as the most qualified. Staff negotiated with KCG to provide design and construction support services for not to exceed fee of $324,734. KCG has satisfactorily completed similar street intersection design projects for other agencies in Southern California in the past. The scope of KCG's professional services includes the following: • Preliminary design, which includes field survey, utility coordination, design recommendations and coordination with Caltrans. • California Environmental Quality Act (CEQA) document preparation. • Any necessary Right -of Way document preparation. • Design, which includes the preparation of construction documents. • Post design, which includes bidding and construction support services. ENVIRONMENTAL REVIEW: As part of the preliminary design effort, staff will prepare and fill out an environmental checklist per California Environmental Quality Act (CEQA) to determine what level of review will be necessary for the project. It is anticipated that a mitigated negative declaration (MND) may be required. The environmental review will be prepared per CEQA. 2 of 48 Approve Professional Services Agreement with Kreuzer Consulting Group for Old Newport Boulevard and West Coast Highway Modifications — Contract No. 5244 May 14, 2013 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: (,1 at/ //,. �'. David A, Webb Public Works Director Attachments: A. Location Map B. Professional Services Agreement with Kreuzer Consulting Group 3 of 48 OI PP�\�,c'. 0' P r` O Avo N ST ' , 1 - - COAST HWy -- - - - - -� � -J � - - -- - '-- - - - - - - - - - --WEST I - PROJECT LOCATION / r COAST HIGHWAY WIDENING AT OLD NEWPORT BOULEVARD LOCATION MAP I II � ,le Attachment A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT N.T.S. X OF (`_XXXX R- XXXX -S 3 z b 3 ATTACHMENT B PROFESSIONAL. SERVICES AGREEMENT WITH KREUZER CONSULTING GROUP FOR OLD NEWPORT BLVD & WEST COAST HWY MODIFICATIONS THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into as of this 25th day of April, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City"), and RAK Development, Inc, a California corporation doing business as ( "DBA ") KREUZER CONSULTING GROUP ( "Consultant'), whose address is 320 Main Street, Unit D, Seal Beach, California 90740, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to perform civil engineering services for the design of Old Newport Boulevard and West Coast Highway ('Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be 5 of 48 performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in E=xhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand- delivery or mail. 4. COMPENSATION.TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Twenty Four Thousand Seven Hundred Thirty Four Dollars ($324,734.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did Kreuzer Consulting Group J PagUL not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Rick Kreuzer, PE, to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of norrkey personnel, 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel. assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Senior Civil Engineer or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. - - as Kreuzer Consulting Group Page 8,2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 9.3 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 48 Kreuzer Consulting Group Page 4 attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 48 Kreuzer Consulting Group Page 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein; the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further 48 Kreuzer Consulting Group Page 6 compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed Kreuzer Consulting Group page gf 48 sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the Act "), which (1) requires such. persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25, NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Kreuzer Consulting Group Pag &8f 4a Attn: Patrick Arciniega, Senior Civil Engineer Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Rick Kreuzer, PE Kreuzer Consulting Group 320 Main Street, Unit D Seal Beach, CA 90740 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Kreuzer Consulting Group Pagt J48 Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other tern, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Pager9 � Kreuter Consulting Group 48 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SVGNATVRES ON NEXT PAGE] Kreuzer Consulting Group Page1g`j48 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: `1 I?1= Date: By: V�� r By. Aaron C. Harp Keith D. Curry City Attorney Mayor ATTEST: CONSULTANT: RAK Development, Inc. a Date: California corporation, doing business as ( "DBA ") Kreuzer Consulting Group Date: By By: Leilani I. Brown Rick Kreuzer, PE City Clerk President Date: Bv: Kim Kreuzer Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Kreuzer Consulting Group Page'1248 EXHIBIT A SCOPE OF SERVICES 48 Kreuzer Consulting Group Page A -1 MAC 4t2?,' "QI'SGatl�EtOFaVU�ORK; . —� _ . , The following outlines our overall approach to the project. Each work task is presented below. for the key tasks, we have provided a brief overview or understanding of that task and the general approach KCG will be taking to insure successful completion of that item of work. This narrative will serve to point out key elements and challenges of the work involved and how we propose to address those challenges, Our understanding /approach is delineated in the gray shaded boxes under each key task. Immediately below these boxes is the detailed scope of work for each task which provides clear definition of the Items of work and /or subtasks which will be completed under each and every task. We have also Included some proposed optional subtasks for the City's consideration. These tasks are contained in blue boxes underthe appropriatetask. TASK 1.0 — PROJECT MANAGEMENT, ADMINISTRATION AND MEETINGS Proposal for City of Newport Beach -01d Newport Boulevard & West Coast Highway Mod if!cations 18 of 48 Scope of Work: Under this task, KCG will be responsible for overall project management, leadership of the Project Development Team (PDT); and monitoring project progress and maintenance of files. KCG will supervise, coordinate and monitor all project activities and deliverables to insure they are in conformance with City requirements. I(CG will prepare monthly progress reports to accompany each monthly invoice. These reports will address the work accomplished during the previous month; work anticipated during the upcoming month; progress schedule; and any and all issues encountered, highlighting any potential issues which may impact the scope of work for the project. The KCG Project Manager and appropriate team members will meet with City staff on a regular basis to review and discuss progress and chart courses of action. For purposes of this proposal, we have assumed the following meetings with City staff will be required: • Kickoff meeting • Submittal meetings at the completion of: Preliminary Design — Draft Environmental Document — 50% Final Design — 80% Final Design — 100% Final Design • Up to 5 additional design team meetings throughout the course of the project. • Pre -bid meeting • Pre - construction meeting Meetings will also be required with Caltrans District 12, summarized as follows: • Initial meeting to highlight project issues and objectives. • Follow -up meeting (1 each) to review alternatives and obtain concurrence on the preferred alternative. Proposal far City of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications 19 of 48 Additional meetings (2 each) to coordinate project activities and progress. As part of this task, KCG will also attend, as requested, Planning Commission or City Council meetings required to support the project. If graphics and /or PowerPoint presentations are required, KCG will provide this work under this task at no additional cost. The KCG Project Manager will lead all meetings for the entire project duration unless otherwise directed by the City. An agenda will be distributed to all attendees two days prior to each meeting and meeting minutes, with emphasis on action Items, will be circulated within two days after each meeting. Project schedule with updates. • Monthly status reports. • Meeting agendas and minutes. • Project graphics, as needed. • PowerPoint presentations, if needed. TASK 2.0 — RESEARCH AND DATA COLLECTION Scope of Work: The objective of this task is to research and obtain all existing information pertinent to the project. With regard to surveys and right of way, the I(CG team will assemble project data related to surveys and right of way (ROW). Specifically, we will obtain data from OC Survey, OC Assessor Office, Caltrans District 12 Right of Way Engineering and the City of Newport Beach Public Works Department. Additional project information which will be collected including, but not necessarily limited to, is: Utility Record Drawings (see Task 3.0) Centerline Intersection Ties m Benchmark Information n R/W Easements and Deeds TASK 3.0 — UTILITY RESEARCH AND COORDINATION Proposalior Clty of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications 20 of 48 relationshiprwith all utility agencies I volbed It certainly requiies the establishment_of the existing= location of utilities az a first step but the real key Is identifying the Impacts to these'facillties early on m the design process and coordipatog proactively with the'iaffected agency,staff /service plan�nePS to' mitigate :those Impacts and facl6taterneeded relocations Overlooking orladdressmg utl ity Impacts late'' ln th6"designiprocess usuallytresults in negative schedule impacts dunng< construction Based upon. resear`'h_ completed Ahere area multitude`fof exsting utilities wlthm the protect footprint rsummar_izetl IT s l t:l ^ 10 gas Socal Gas 12" high pressure gass(Socal Gas) i 8 water (CNB) u ° 16' gas (Socal Gas) '^ 12 water m 24 scasing (CNB) `lines and vaults 24' 27' sewer (OCSD) _ Varlousunderground electrical (SCE) ° 15' abandoned sewer (OCSD) Uanoiis storm drains (CNB) ' 36t force main (OCSD) r 24 +water (CNB) ' e - tk b sewer(CNB) u6 Scope of Work: Utility coordination will he ongoing throughout the duration of the project. The utility research and coordination efforts on the project will consist of the following: Obtain plans showing location and size of all utility lines and appurtenances within the project area. Plot utility lines on Base Map (Task 5.0) Cross check plotted locations above with detailed topographic survey information to insure that existing lines are shown in proper location. Field checks will be performed as necessary. Upon establishing the proposed improvements, determine where potential utility conflicts exist and where utility relocation is warranted. Coordinate with affected utility companies regarding conflicts, relocations and improvements. This coordination effort will require providing updated plans to the utility agencies for the proposed improvements and also meeting with the carious utility service planners on the project site, as necessary, to discuss conflicts and /or relocations. Two (2) full sets of plans will be submitted for comment to each utility agency concurrent with all KCG submittals on the project. All correspondence to utility companies will be sent via certified mail and will be copied to the Cih, of Rparh- Optional Item - ;Utifify Roth _ We would anticipate the need to complete pot o Mg-GU existing utilities to support the design effort. We ha�pro Iv ded a unit cost per hole for potholing in our fee s1P2t}al ould this woii< be needed. TASK 4.0- AERIAL MAPPING AND FIELD SURVEV Overview ' /= Approach Horizontal and vertical control will be established as the,first order bf.business in order to Initiate the -6enal mapping for the prolecf- Aerial topographic mapping will be-obtained for the limits delineated on the following figure. Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications 21 of 48 Scope of Work: Aerial topographic mapping will be provide at a scale of 1" = 20' with 1 foot contour intervals. This task also involves all ground survey required to supplement the aerial topographic mapping to facilitate the design of the project Improvements, summarized as follows: u Cross Sections at 25' intervals with intermediate shots along gutter flow line and all other areas where low points are visibly observed. m Locations and elevations of all site features (utilities; trees, walls, curbs, pedestals, etc.) within the proposed project area. This data will be compiled into a data base depicting the horizontal and vertical location (x /y /z) of all site features. * Vertical elevations (rim and invert) of all sewer manholes, storm drain manholes, junction structures and catch basins. All survey work shall be in conformance with Orange County Survey Horizontal Controls and the North American Vertical Datum, 1988. tl f'r.i' ,r )�i;3yT�SIC r�Q� @INEPgbIC5 t�i3dr 3,rr ,'xzix;� • One reproducible original of the aerial topographic base map. • Flectronic file of the aerial topographic base map. Proposal for City of Newport Beach —Old Newport Boulevard & W est Coast Highway Modifications 22 of 48 TASK 5.0 — BASE MAPPING Scope of Worl : Aerial topographic mapping (Task 4.0) will be downloaded into KCG's system. Utilizing information obtained under Task 2.0, 3.0 and 4.0, I<CG will add all existing site features such as property lines, street right of way lines, underground utilities and other surface features not depicted on the aerial mapping, Accurate project base mapping will be insured via field verification by the Project Manager. TASK 6.0 —TRAFFIC STUDY Scope of Work: Advantec will be completing the traffic study for the project in close coordination with the KCG project manager. This work effort will include the following subtasks: Subtask 6.1- Collect Existing Information: Collect existing traffic relating information including, but not necessarily limited to, the following; • Existing as -built plans • Aerial photographs • Other pertinent information available from the City of Newport Beach Subtask 6.2- Traffic Analysis and Report: Advantec will utilize Counts Unlimited to collect vehicle turning movements and ADT (Average Daily Traffic) counts as follows: Proposal for City of Newport Beach —old Newport Boulevard & West Coast Highway Modifications 23 of 48 A Collecting Average Daily Traffic (ADT) volume counts will be obtained on the following roadway segments: 1. Newport Boulevard (SR -55) Overcrossing of SR 1 2. SR 1 Undercrossing of SR 55 3, SR 1 Undercrossing to SB SR -55 ramp 4. SB SR 1 to NB SR -55 ramp 5. NB SR -55 to SB SR 1 ramp 6. Old Newport Boulevard at SR 1 7, NB SR 1 to SB SR -55 loop ramp 8, SB SR -55 to SR 1 ramp 9. NB SR -55 to Old Newport Boulevard ramp 10. Old Newport Boulevard to NB SR -55 ramp a Peak Hour vehicle classification, pedestrian and bicycle counts at the intersections of 1. West Coast Highway (SR 1)/ Old Newport Boulevard (Two -way stop controlled) 2. SR -55 SB Off-ramp/ West Coast Highway (Signalized) 3. SR -55 NB ramps /Old Newport Beach Boulevard (Two -way stop controlled) Counts will include pedestrian, bicycle counts for the intersections and segments within the project area, and they will be collected during weekday AM, PM peak periods (2 -hour each period) and weekend Mid -Day peals period. Peak hours will be identified and concurred with City prior to commencement of traffic analysis work. Available OCTAM model for the area will be used to develop Horizon Year (2040) traffic data for intersections and segments within the project limits. Opening Year (2016) traffic data will be derived from ambient growth rates that will be calculated by comparing existing and future (horizon year, 2040) traffic volumes. Advantec will perform Level -of- Service, delay and queuing analysis in accordance to the Highway Capacity Manual (HCM) 2010 methodologies for LIP to three project build alternatives at the intersections and roadway segments. Analysis will present "Existing ", No -Build and Build "Opening Year ", and "Horizon Year" scenarios. Advantec will determine optimum traffic lane configurations based on such an analysis. Line -of -sight analysis will also be conducted forthe proposed improvements. The Traffic Analysis and Report will be prepared in accordance with the Caltrans Guide for the Preparation of Traffic Impact Studies, latest edition and other formatting/ contract requirements, as defined by the City's Traffic Engineer. Subtask 6.3-Detailed field Review /Inventor; KCG /Advantec will conduct field surveys /inventories of the intersection improvement limits. The objective of the field review will be to confirm and verify information to be used during design. Data obtained to be used to prepare the design plans for review will include existing geometry, lane configurations, lane widths, location of traffic control equipment, etc. Proposal for City of Newport Beach — old Newport Boulevard & West Coast Highway Modifications 24 of 48 [TIA71 Features to be observed and documented during the field review /inventory include: • Existing street and lane geometries, curbs, median, sidewalk width, etc. • Special characteristics such as proximity to adjacent intersections, location of driveways, parking prohibition, and other factors that may impede the efficiency of operation. During the field review /inventory process, we will also: • Note any geometric deficiencies at the intersection; • Evaluate the current efficiency of the traffic signal system; • Identify traffic congestion; • Make note of any simple, low cost improvements that may be considered by the City. Our inventory will include features such as the existing geometry, right -of -way, lane configurations, lane widths, signal and pedestrian poles, street lighting poles, communication and power conduits and pull boxes, etc. Geometric features of the Inventory will be utilized along with traffic data (subtask 6.2 above) to form the basis forthe development of geometric alternatives forthe project. TASK 7.0— GEOTECHNICAL REPORT for City of Newport Beach — Old Newport Boulevard &West Coast Highway Modifications 25 of 48 f ' ,_ Scone of Work: This task will require the following efforts: rt Conduct research from in -house files of geotechnical reports completed by AKA for nearby developments within the city of Newport Beach, in addition, research will be conducted at the city of Newport Beach to review as -built Improvement plans, geotechnical reports and environmental reports that may be available within city archives. A Prepare a traffic control plan for the proposed field work and submit to the city of Newport Beach as well as Caltrans for review and approval. The plan shall generally follow the guidelines provided in the Work Area Traffic Control Handbook. We assume the City /Caltrans will allow for a "no fee" encroachment permit. Provide traffic control for the work in accordance with the traffic control plan approved by the City of Newport Beach and Caltrans. Perform a distress survey of the pavement surface. The survey shall identify the type and severity of distress, type and severity of surface defects, and type and severity of surface deformation. The survey will be recorded on evaluation forms and identify the station sections for which they represent. g Utilize a concrete coring machine to excavate up to 5 cores within selected locations. At each core location we will measure the thickness of all paving materials including asphaltic concrete, Portland cement concrete, aggregate base, aggregate sub -base; and cement - treated or [line- treated materials, if encountered. Once pavement sections are determined at each bore location, we will characterize the general soil classification of existing subgrade soils present below the paving materials. Each core location will be hand drilled to a depth of up to 5 feet below the existing paving section. Bulk samples of the earth materials from borings will be collected at each location. Proposal for City of Newport Beach — old Newport Boulevard & West Coast Highway Modifications 26 of 48 RIK Or c ) All core holes shall be refilled with drilled cuttings and compacted up to the bottom of existing asphaltic concrete or G inches from the finish surface, whichever is deeper. The remaining portion of each hole shall be finished with ready mix quick setting concrete and died black where necessary. n Perform testing for Expansion Index, Plastic Index and R -value testing on selected samples obtained from the drill holes. All testing will be completed in accordance with current ASTM or California Testing Methods (CTM). Up to 3 bulls soil samples will be delivered to Soil & Plant Laboratories, Inc. for Agronomy testing and analyses. A report will be prepared to address requirements for soil amendments and treatments for specific areas to make conditions suitable for plant growth. u Provide a report summarizing the data collected and recommendations for design and construction of the project. The report shall Include a summary of the existing pavement sections and conditions observed, discussion of the underlying soil conditions encountered, a core location plan, logs of drill holes, and results of laboratory testing. The report shall also Include recommendations for pavement rehabilitation methods and for new flexible structural pavement sections. Pavement alternatives using asphaltic concrete over aggregate base, full - depth asphaltic concrete, cement - treated subgrade, and cement - treated base will be provided. TASK 8.0 — PREPARE PRELIMINARY DESIGN PLANS Scope of Worl: Under this task ICCG will prepare preliminary plans for up to 3 alternatives for consideration by the City of Newport Beach. This task will require the ,completion of a series of subtasks, summarized as follows: Subtask 8.1 — Constraints Map: The first order of business will be to develop a comprehensive base map which depicts all site features acid project constraints. This map will depict all proposed underground and at -grade utilities, identifying each as either "high" or "low" risk; all existing rights of way and easements; and all existing drainage features. Proposal for City of Newport Beach —old Newport Boulevard & West Coast Highway Modifications 27 of 48 Subtask 8.2 —Geometric Design: Utilizing the base provided under 5.0 above, KCG will develop up to 3 different alignment plans for the City's consideration. The development of these alternatives will be driven by all data gathered under previous tasks, in particular, the results of the Traffic Analysis completed under Task 6.0. These plans will depict all proposed improvements associated with each alignment including, but not limited to, the following: • Proposed curb and gutter and median curb locations. • Turn pockets (based upon results of Task 6.0). • ADA improvements. • Utility relocations. • Striping. • Sidewalk widths and /or easements. • New right of way, as required. • Drainage improvements and permanent BMP's (see Subtask 8.3). • Retaining walls. • Limits of access control. • Property ingress /egress modifications. • Traffic signal pole locations and mast arm lengths. • Local connecting roadway modifications. Subtask 8.3— Drainage Design: KCG will initiate the drainage design by performing a hydrology study of the drainage areas tributary to the project area. The hydrology study will consist of a Rational Method analysis performed in accordance with the Orange County Hydrology Manual. The Hydrology Study will determine 10 -, 25 -, and 100 -year peals discharges within the project reach. We will then develop alternatives for the management of drainage from both a water quality and flood management approach for each alternative. Each alternative will consider specific project challenges including, but not limited to, project cost, resource agency permitting, Caltrans permitting, right -of -way impacts, and water quality treatment options. Each alternative will be documented to explain Its benefits and issues and will be illustrated with appropriate figures for the City's consideration. Each alternative will then be reviewed with the City in order to arrive at a preferred alternative or preferred combination of alternatives as required to meet the project goals. KCG will proceed with the preliminary hydraulic analysis of the preferred alternative by means of WSPG modeling of the proposed storm drain conveyances and existing storm drain systems identified to receive project flows. The hydraulic analyses will determine the size of proposed storm water conveyances. We will also analyze water quality treatment flow rates and volumes to determine the required size of any proposed Best Management Practice (BMP) features deemed appropriate for incorporation into the project. Subtask 8.4 -Cost Estimates: for each of the project alternatives, KCG will prepare a project cost estimate covering construction and right of way acquisition costs. These estimates will show quantities and unit costs for major Items of work including roadway Improvements, drainage improvements, utility relocations, traffic signals, signing and striping, and traffic detouring/ control improvements. Proposal for City of Newport Beach— Old Newport Boulevard & West Coast Highway Modifications 28 of 48 The design efforts raider this task will be compiled into preliminary plan sets for the project alternatives which will be submitted, along with corresponding estimates, for City review and comment. The I<CG team will meet with City staff to review these documents and make adjustments/ refinements until such time that a preferred alternative is selected by the City. Once a preferred alternative is chosen, the Environmental Process (Task 11.0) will be initiated. verables 10 • Preliminary geometric plan and centerline P1 ofiles. • Preliminary drainage plans. • Cost estimates. TASK 9.0 — FACT SHEET FOR DESIGN EXCEPTIONS Scope of Work: If needed, KCG will prepare a Supplemental Mandatory Fact Sheet and a Supplemental Advisory Fact Sheet to document the non - standard Caltrans mandatory and advisory design features associated with the subject project including, but not necessarily limited to features such as shoulder width and stopping sight distance. The Mandatory and Advisory Fact Sheets will be prepared in accordance with Caltrans Project Development Procedures Manual, latest edition. I<CG will work closely with Caltrans District 12 Design and HQ Geometrician staff in the development, preparation and approval of both fact sheets. Advantec will also prepare the traffic analysis (see Task 6.0) required in support of the fact sheets. TASK 10.0 — WATER QUALITY DOCUMENTATION Proposal for City of Newport Beach— Old Newport Boulevard & West Coast Highway Modifications 29 of 48 Scope of Work: This task requires the preparation of two water quality documents, summarized as follows: Subtask 10.1 -Water Quality Management Plan (WQMPi: SWT will provide engineering services to prepare a Water Quality Management Plan (WQMP) technical documentand supporting analysis for the proposed street improvement project area. The project WQMP will comply will the May 19, 2011 model for County of Orange. The project is in the north county permit area which is wholly within the Santa Ana Regional Water Quality Control Board, The WQMP will satisfy the post development storm water quality treatment requirements established In the permits, The document will follow the model format and technical content requirements based on the agency template for the Water Quality Management Plan. The WQMP will follow the requirements of Section 7.11 -1.5 for public agency projects. The specific task items associated with the generation of the plan will include: • Project Description —A site description, land uses, estimated imperviousness and figure showing facilities will be prepared. • Site and Watershed Characterization — Assessment and characterization of pre project watershed conditions • Pollutants of Concern — Review of the regional water quality control board "basin plan" to identify the pollutants of concern, impaired water bodies, and receiving water information • Hydrologic Conditions of Concern — Review pre- and post project hydrology quantities from the project based on the Preliminary Hydrology and Master Plan of Drainage. Determine the potential impacts from pre - project conditions to downstream stream conditions or hydraulic impairments downstream. Evaluate potential mitigation measures if required. • BMP Selection and Preliminary Sizing— Prepare hydrologic analysis and calculations for the "flow based" and "volume based" water quality treatment values for the sizing of onsite BMPs. Determine the appropriate type and locations of the project BMP • Operations / Maintenance — Develop a preliminary list of operational requirements for the selected BMPs and describe the maintenance tasks in conjunction with the requirements of the City of Anaheim Maintenance Department. • Impaired Water Bodies Identification — Research RWQCB list of impaired water bodies and determine if proposed project site is tributary to Lower Newport Bay. The Lower Newport Bay is 3030(d) listed for toxicity and other organics as of the 2010 publication. Select BMPs to treat specific pollutants known to impalr downstream receiving waters. Prepare discussion and exhibit(s) detailing the impact the proposed project will have on the downstream receiving waters. • Source to Pacific Ocean Flow Path Mapping Exhibit — Prepare exhibits Identifying the flowpath(s) and conveyance types leaving the project site to the Bay. • 24 "x36" Construction Detail Exhibits — Prepare full size detailed construction level drawings for the site civil engineer to utilize in their site grading plans such that the grading plan BMP construction details and WQMP exhibits are Identical. Proposal for City of Newport Beach —Old Newport Boulevard &West Coast Highway Modifications 30 of 48 t "., Prepare and compile a final bound WQMP document that incorporates the information regarding the post construction water quality features. The document shall contain exhibits identifying the water quality sizing information and the layout of the BMPS. Subtask 10 2- Caltrans Storm Water Data Report (SWDR): SWT will prepare a Storm Water Data Report (SWDR) following the minimum data /assessment requirements and the format outlined by Caltrans in the Storm Water Quality Handbook Project Planning and Design Guide for this type of water quality document which includes (1) Project Description with a detailed narrative, (2) completion of checklists, (3) analyses and assessments, and (4) attachments and exhibits. The July 2010 "long form" SWDR will be completed following the Caltrans standard template for the SWDR and addressing the requested issues as part of the overall checklists and developing the associated supporting documentation or narrative. The basic elements and Items to be prepared that will be included in the SWDR are listed below: • Detailed project descriptions and description of the construction works • Site Data and Water Quality Design Issues • Receiving Water and Pollutant of Concern, including TMDL • Regional Water quality Board Agreements • Determination of the risk level n Disturbance Area • Site Data and Water Quality Design Issues • Checklists SW -1, SW -2, and SW -3. • Proposed Design Permanent Pollution Prevention BMPS — Sizing of BMPS — Cost estimate for BMP • Construction Site BMPS The required attachments or exhibits will include: vicinity map, Evaluation Documentation Form (EDP), construction Site BMP consideration form, RUSLE2 calculation for soil erosion, risk level determination documentation, treatment BMP summary spreadsheets, quantities for construction site BMPS. e;j sr`�`13tI,s1R�'S,) � Task 10,O�Delift'eratiles �ul}rtri3r'js I Hard copies and electronic copy of WQMP. Hard copies and electronic copy of SWDR: TASK 11.0 — ENVIRONMENTAL DOCUMENTS (CEQA COMPLIANCE) Scope of Wori:The work under this task will require a series of subtasks, summarized as follows: Subtask 111- Preparation of an Initial Study: The Initial Study will be prepared in compliance with Section 15063 of the State CEQA Guidelines, applicable case law, and the Newport Beach City Council Policy K3; 'Implementation Procedures for the California Environmental Quality Act'.. It is our understanding that three preliminary project alternatives would be identified with the City selecting a Proposal for-city of Newport Beach —Old Newport BOalevard & West Coast Highway Modifications 31 of 48 preferred alternative. This Scope of Work assumes that the Initial Study will be prepared for only the preferred alternative. Using the City's Initial Study Checklist, BonTerra Consulting will respond to each checklist question based on project plans, a site visit, and available information. Following is a description of the work effort for assessing potential environmental effects relative to each topical issue. Agricultural and Forestry Resources — The project site does not contain nor has the potential to sustain agricultural or forestry resources. The topic will be addressed qualitatively in the Initial Study. Aesthetics — BonTerra Consulting will assess potential visual changes resulting from implementation of the project. This analysis will focus on the project's compatibility with surrounding land uses and change to the character of the site. Photographs will be taken of the site and from selected off -site viewpoints to depict the character of the project area. No significant impacts are anticipated due to the nature of the proposed roadway project. Air Quality — BonTerra Consulting will prepare quantitative estimates of construction mass emissions and local emissions for comparison with South Coast Air Quality Management District (SCAQMD) CEQA thresholds. The project is not included in the Southern California Association of Governments (SCAG) approved 2012 Regional Transportation Plan (RTP) or 2013 Federal Transportation Improvement Program (FTIP) through Amendment 2. Therefore, BonTerra Consulting will analyze the operational impact of the project by estimating the change in long -term emissions based on vehicle miles traveled (VMT) and average speed data and EMFAC 2011 emission factors for the existing, anticipated future without project, and future with project cases. The analysis will include qualitative discussions of toxic air pollutant impacts from diesel particulate emissions from vehicle operations and consistency of the project with the applicable air quality management plans. The analysis methodologies will be consistent with SCAQMD policies. If potential significant impacts are identified, mitigation measures will be recommended. To minimize cost, the Scope of Work assumes that a stand -alone air quality technical study is not required. Rather the Information will be documented in the Initial Study and supporting materials (such as air quality model run information and literature search data) will be provided in the appendices to the Initial Study. Biological Resources —The project site contains no (mown locations of State - listed or federally listed Threatened or Endangered species, or species otherwise designated as special status by State and local resources agencies and organizations. To validate this expected finding, a BonTerra Consulting Biologist will visit the project site. A memo will be prepared to document findings which can be used for the Initial Study and subsequent Encroachment Permit application and Coastal Development Permit application. Cultural Resources — BonTerra Consulting will conduct a Phase I cultural resources study for the proposed project that will include a cultural resources literature review; a paleontological resources records search and literature review; and Native American consultation. A field survey would not be Proposal for City of Newport Beach —Old Newport Boulevard & West Coast Highway mod if! catlons 32 of 48 required. The records searches will be completed at the South Central Coastal Information Center (SCCIC), California State University, Fullerton and the Los Angeles County Museum (LACM) respectively; contact with the California Native American Heritage Commission (NAFIC) for a review of its Sacred Lands File will be initiated to obtain a list of local Native American contacts to whom BonTerra Consulting will prepare and send informational letters. BonTerra Consulting will present the research and survey results of the study in a cultural resources letter report which will be appended to the Initial Study being prepared for the project. Geology and Soils — BonTerra Consulting will review and summarize the geotechnlcal report prepared for the project by Albus -Keefe (Task 7.0). Greenhouse Gas (GHG) Emissions - BonTerra Consulting will address the potential effects of proposed project GHG emissions In accordance with the guidance provided in the March 2010 revisions to the State CEQA Guidelines. A quantitative estimate of the change in GHG emissions will be made using Vehicle Miles Travelled (VMT) and average speed data and'EMFAC 2011 emission factors for the existing, anticipated future without project, and future with project scenarios. Construction GHG emissions also will be estimated and amortized over the project lifetime as recommended by SCAQMD. As there are no currently applicable quantitative significance criteria for GHG emissions for transportation projects, significance will be evaluated by considering the net change in estimated emissions, various criteria that have been considered or adopted by State and regional agencies and the City of Newport Beach for non - transportation projects. Significance will also be assessed by considering whether implementation of the project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GFIGs. To minimize cost, the Scope of Work assumes that a stand -alone GHG technical study is not required. Rather the information will be documented in the Initial Study and supporting materials (such as model run information and literature search data) will be provided in the appendices to the Initial Study. Hazards and Hazardous Materials — BonTerra Consulting will summarize the Phase I Initial Site Assessment (ISA), to be provided by Albus- Keefe. The objective of the hazardous waste ISA will be to evaluate whether hazardous materials or other adverse environmental conditions are present dire to past or present uses of the sites and /or properties in the site vicinity. The proposed services for the ISA will be generally consistent with applicable sections of the ASTM International (ASTM) 2005 guidance (Designation Number E1527- 05), the EPA Standards and Practices for All Appropriate Inquiries (AAI), and State of California Department of Transportation (Caltrans) guidelines. However, because the ASTM and AAI standards were established to provide innocent landowner liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the purchaser of a property, and because portions of the project do not involve purchase transactions, the applicability of the ASTM /AAI standards will be limited. Proposal for City of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications 33 of 48 P u`f The ISA will include the following tasks: A site visit to visually evaluate site characteristics for possible contaminated surface soil or surface water, improperly stored hazardous materials, possible sources of polychlorinated biphenyls (PCBs), and possible indications of site contamination from activities at the site. A site vicinity reconnaissance to evaluate characteristics of adjacent properties for possible environmental influences on the site. Properties within and adjoining the project site will be visually evaluated from public rights -of -way only. A review of the applicable environmental documents for the site. • A review of a computerized database search provided by Environmental Database Resources (EDR) of readily available government and regulatory agency environmental lists for the site and for properties located within approximately Y. mile of the project site. The objective of the database search will be to evaluate locations where hazardous materials may have been used or stored and their possible effects on the site. On -site listings of possible concern will be further evaluated by requesting and reviewing readily available environmental documents for the site from regulatory agencies, or by interviewing regulatory agency personnel. Our scope of services includes review of up to two agency files for the site. Our scope of services does not include review of files for off -site properties. Locations of properties of concern will be shown on maps of the site vicinity. • Review State of California, Department of Conservation, Division of oil, Gas, and Geothermal Resources (DOGGR) oil -field maps and review of information, if any, provided by the California State Fire Marshal regarding oil and natural gas pipelines in the site vicinity. Review of site and adjacent historical land use to provide an overview of past uses that likely involved the use or storage of hazardous materials. Information that will be used to review the site history will include readily available historical aerial photographs, and historic United States Geological Survey (USGS) Topographic Maps. We will attempt to note historical site uses involving the use or storage of hazardous materials from the time when the site was undeveloped or agricultural. • Prepare an ISA report. The report will provide a site location map, site visit notes, Caltrans ISA checklist, EDR database search, site photographs, and a discussion of findings and conclusions regarding the current environmental condition of the site including the potential occurrence of aerially deposited lead (ADL). The ISA will also include recommendations for additional assessment (e.g., ADL survey), as appropriate. • Prepare a Hazardous Materials Disclosure Document (HMDD) for the Project in accordance with Caltrans Guidelines. Hydrology and Water Quality — Based on information generated under Subtask 8.3 and Task 10.0, the Initial Study will provide an overview of any existing drainage systems and water quality treatment features that are in place to address water quality issues, BonTerra Consulting will also Proposal for CRY of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications 34 of 48 I M evaluate the project's compliance with National Pollutant Discharge Elimination System (NPDES) permit requirements. Land Use and Planning — BonTerra Consulting will describe the existing on site and surrounding land uses based on a site visit and review of aerial photographs. BonTerra Is very familiar with the area having prepared CECA documents for three projects on West Coast Highway as well as for the replacement bridge for Newport Boulevard over West Coast Highway, the latter with a prior consulting firm. This section will address the project's consistency with relevant planning programs and plans and will discuss physical changes to the site including the reconfiguration of off - street parking associated with commercial uses on West Coast Highway. Mineral Resources —The project site does not contain mineral resources. The topic will be addressed qualitatively in the Initial Study based on the findings of the City's General Plan and General Plan EIR. Noise — BonTerra Consulting will visit the project site to identify the major noise Sources and noise receptors in the project vicinity and free -flow traffic speeds on Old Newport Boulevard and West Coast Highway. Aerial photography Indicates that the noise sensitive land uses near the project site are residences on La Jolla Lane and La Jolla Drive. Approximately four short -term (15- minute) noise level measurements will be taken to evaluate the existing ambient noise level conditions. BonTerra Consulting will review the project design and traffic analysis, and will model existing, anticipated future without project, and future with project traffic noise impacts using a Federal Highway Administration (FHWA) traffic noise model. Future noise impacts will consider the revised road alignment and estimated future traffic volumes and speeds. BonTerra Consulting will also evaluate potential temporary noise and vibration impacts during construction. Population and Housing —The proposed project does not involve the removal of existing housing units or the generation of new residents; therefore, no significant impacts related to population and housing are anticipated as a result of the proposed project. BonTerra Consulting will provide a summary statement in the Initial Study to support this conclusion. Public Services and Facilities — The project would allow for the realignment of a segment of Old Newport Boulevard and the widening of a segment of West Coast Highway. Because of the nature of the project, no significant impact on police or fire protection, schools or parks would be expected. BonTerra Consulting will coordinate with the respective service providers as necessary to substantiate this finding. Recreation — The proposed project does not include an increase in residential uses and would not increase the demand for recreational facilities, nor would it require the construction of new facilities. BonTerra Consulting will prepare a qualitative discussion to Identify the absence of impacts related to recreation. Proposal for City of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications 35 of 48 Transportation Circulation and Parking — BonTerra Consulting will summarize the Traffic Study (Task 6.0) as part of the Initial Study. Mitigation will be identified, as necessary. As noted, implementation of the proposed project would require the reconfiguration of off- street parking associated with commercial uses on West Coast Highway. The adequacy of replacement parking will be addressed. Utilities and Service Systems — As a part of the proposed project, the Project Team will investigate the need for relocation and /or upgrades to the utility infrastructure system, BonTerra Consulting will assess potential impacts to utilities based on this information. BonTerra Consulting will coordinate with utility purveyors, as necessary, to complete this analysis. A Draft Initial Study will be submitted to the City and the Project Team for review. After receipt of comments, the Draft Initial Study will be revised to incorporate all comments that are within the Scope of Work (Revised Initial Study), The Revised Initial Study will be submitted for review by the same parties. Concurrent with preparation of the revised document, BonTerra Consulting will prepare the necessary documentation for the MND, including a proposed finding that the project will not have a significant effect on the environment with Implementation of mitigation measures. This will be submitted to the City and Project Team for review with the Revised Initial Study. Subtask 11.2-Public Distribution of the Initial Study /Mitigated Negative Declaration: Following the review of the Revised Initial Study and MND, BonTerra Consulting will submit a proof check copy of the IS /MND for final review prior to public distribution. Following the City's acceptance of the proof check Initial Study /MND, BonTerra Consulting will finalize the document and prepare it for reproduction. BonTerra Consulting will coordinate with the City on a mailing list for the distribution of the IS /MND. Thls Scope of Work assumes that BonTerra Consulting will provide 30 copies of the IS /MND for the City's use appendices will be provided only on CD. Additional copies of the IS /MND can be provided in PDF format on CD and to upload onto the City's website. BonTerra Consulting will coordinate reproduction and distribution of the IS /MND to the State Clearinghouse (SCH) and interested parties. In accordance with current SCH procedures; BonTerra Consulting will submit 15 hardcopies of the Summary Form for Electronic Document Submittal and 15 CDs of the entire documentto SCH. Subtask 11.3- Notice5: A Notice of Intent (NOI) that the City proposes to adopt an MND needs to be provided to the public. This notice should be published in the local newspaper(s) or, at a minimum, posted at the project site. It Is assumed that BonTerra Consulting would prepare the N01, but that the City will submit the notice to the newspaper and /or post at the project site. BonTerra Consulting will post the notice with the County Cleric The project requires a 30 -day public review period for the IS /MND. Subtask 11.4-Response to Comments: Once the public review period has ended, BonTerra Consulting will coordinate with the City and Project 'ream to review the comments received on the IS /MND and to develop an approach to responding to the comments, Topical responses, with a brief summary of the response and reference back to the larger response, will be used if multiple comments are received on Proposal for city of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications 36 of 48 the same issue. This approach will allow a more complete response without undue repetition. One screencheck copy of the Response to Comments document will be submitted to the City and Project Team for review. The responses will then be revised based on comments on this document. In compliance with Section 15074 of the State CEQA Guidelines, the City must consider the proposed IS /MND together with any comments received during the public review process. Subtash 115 - Mitigation Monitoring; and Reporting Program: In compliance with California Public Resources Code Section 21041.6, BonTerra Consulting will prepare a mitigation monitoring and reporting program (MMRP) for adoption with the IS /MND. The MMRP will be prepared at the same time as the Response to Comments. The MMRP will be designed to ensure compliance with adopted mitigation requirements during project implementation. The program will be prepared in matrix format and will provide the timing and responsibility for each mitigation measure. A draft copy will be submitted for review by the Project Team. Revisions will be made accordingly. Subtash 11.6- Notice of Determination: Immediately following the adoption of the MND, BonTerra Consulting will prepare the Notice of Determination (NOD) to be filed with the County Clerk and SCH. Within five days of approval of the IS /MND, BonTerra Consulting will file an original signed NOD with the County Clerk; it is assumed that the City will he responsible for all filing fees. Once the NOD has been filed with the County Clerk, BonTerra Consulting will submit the NOD along with evidence of County Clerk filing and payment of fees to SCH. U Initial study 0S). % CEQA Documentation. n Mitigation Monitoring and Reporting Program, if necessary. a Phase 1 ISA, Notice of Intent, o Notice of Determination. Public Notices. TASK 12.0 — RIGHT OF WAY ENGINEERING Scope of Warle Under this task, I<CG will prepare legal descriptions and plats for all permanent and temporary (TCE) right of way takes required to construct the preferred project alternative, . , -i r: 5 F3.e r2 };i`7ask 2 =1 0 De�Lverables t r Legal descriptions and plats for permanent takes. Legal descriptions and plats for TCE's. Proposal for City of Newport Beach —Old Newport Boil] evard.& West Coast Highway Modifications 37 of 48 TASK 13.0 — FINAL PS &E scope of Work: Under this task, the I<CG team will prepare final plans using AutoCAD 2010 and in conformance with City CAD standards. Based upon the alternative contained in the RFP (or some variation thereof) we envision the following plan set will be developed: .'Re cr'raYfo�r =$;rr `riilSlieets,�( {;kale t Y#^r9 ;r, "1., ;'1 Title Sheet 1 NTS Typical Sections 1 NTS Details 2 NTS Roadway Plan & Profile 2 1 " =40' H; 1 " =4' V Storm Drain Plan 2 1" =40' Storm Drain Profiles 2 1 " =4' Retaining Wall Plan & Profile 1 1 " =40' H;1 " =4' V Retaining Wall Details 1 NTS Offsite Improvements 2 1 " =20' Landscape Plan 1 1 " =20' Irrigation Plan 1 1 " =20' Landscape & Irrigation Details 1 NTS Signing & Striping Plans 2 1 " =40' Street Lighting Plans 2 1" =40' Traffic Control Plans 4 1 " =40' Cross Sections 9 1 " =10' H;1 " =1' V !° 't� i; ttTo�l,; 7i'34L,��Esk„eeistl.:.Er�.tm,,Y i !>,. Roadway plans will depict all required Improvements, including utility relocations. References to other sheets for improvement details will be provided.. There will be a number of inlets and catch basins that will be impacted by the proposed project. The storm drain plans will depict new inlet locations and connecting pipe geometry. Storm drain profiles will be provided for all proposed laterals. We are assuming that by moving the road alignment west, we will be impacting the existing retaining wall and will also be creating a need for additional retaining structure further to the south along Old Newport Road. We have included provisions for 1 plan and profile sheet and a corresponding detail sheet for this element. The proposed roadway widening/ realignment will impact the 2 properties on the corner of PCI-I and Old Newport Road, requiring the reconfiguration of parking and relocation of site features such as signing. We will develop off -site sheets at 20 scale which will depict, in detail, all improvements required to reconstruct these properties to work with the proposed roadway improvements. There will be areas available for planting along both sides of the realigned Old Newport Road. Landscape and Planting Plans will be prepared for these areas. Connections to existing water lines and electrical service point connections will be depicted on the Irrigation Plans. Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications 38 of 48 Signing and Striping and Traffic Control Plans will be prepared at 1" =40' scale. We have estimated that 2 phases of traffic control will be needed to construct the project. Street light plans will cover the relocation of existing lights as well as placement of new lights to meet the photometric requirements of the project. Photometric calculations will be prepared by Advantec as part of this work effort. Roadway cross sections will be provided at a scale of 1" =10' horizontal and 1" =1' vertical scale for all roadway improvements. These cross sections will depict all existing and proposed street cross sections. Specifications will be prepared using Microsoft Word for Windows. Construction Cost Estimates will be prepared using Microsoft Excel. All quantity calculations and pertinent backup calculations required to support the project estimate will be bound and submitted to the City for review. Per the REP, plans will be submitted at two interim stages (50% and 80% complete) and a final level Hord copies of Final PS &E Electronic flies of PS &E (CADD and PDF). TASK 14.0 — PERMITS Scope of Work; The scope of work under this task will cover the following: Subtask 14.1 - Caltrans Encroachment Permit: This will involve preparation of an Encroachment Permit Application including, but not necessarily limited to, the following attachments: • Signed plans (folded per Caltrans' requirements) • Environmental Notice of Determination Proposal for City of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications 39 of 48 KCG will prepare the application for City Signature and compile all supporting Information. We will submit and process this permit application until an Encroachment Permit for the project Is obtained. Subtask 14.2-Assist with Coastal Development Permit Application: I<CG will assist City staff with the preparation of the Coastal Development Permit (CDP) application. All processing of the permit once the initial application is submitted will be completed by City staff. TASK 15.0 — CONSTRUCTION BIDDING AND SUPPORT SERVICES Scope of Work: The work under this task includes (a) responding to questions during the bid period; (b) attending the pre - construction meeting; (c) reviewing shop drawing submittals; (d) preparing bid addenda; (e) providing Input with respect to the contractor's general conformance with the project plans and specifications; and (f) preparing as -built record drawings, based on contractor redlines, at the completion of construction. "' i djf�j l7as15r15`0 Deli'verdbles`' " ' s0fil R i €t.3 �sS n Hard copy mylarsofAs- Builts. Electronic files of As- Builts (CADD and PDFJ. _ _ Proposal for City Of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications 40 of 48 EXHIBIT B SCHEDULE OF BILLING RAVES 41 of 48 Kreuzer Consultinq Group Page B -1 fro,[�el(el March 28, 2013 Mr. Patricl<Arclniega, PE City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Re: Revised Cost Proposal for Old Newport Boulevard and West Coast Highway Modifications Dear Mr. Arciniega, Our proposed time and materials fee for the subject project is $324,734. A detailed breakdown of person -hours and fees by task are provided on Exhibit A herein. The Schedule of Hourly Billing Rates for KCG and all of our subconsultants are also attached hereto. These billing rates will not change for the life of the project. At the bottom of Exhibit A, we have provided hours and fees for project optional tasks as described in our scope of work contained in Section 2,4 of our proposal. We trust this proposal meets the City's expectations. The cost proposal shall remain valid for a period of 90 days from the date shown herein. If you have any questions or require additional information, please do not hesitate to call. Respectfully Rick Kreuzer, PE President fj y>1f 320 Main Street, Unit D - Seal Beach, CA 90740 • phone 714 -656 -0160 • fax 714 -666 -0165 42 of 48 EXHIBIT A FEE SCHEDULE FOR PROFESSIONAL. ENGINEERING SERVICES CITY OF NEWPORT BEACH OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY IMPROVEMENTS r� �pA� 2• ���ef'�y'�' • � aiW9 331 '� �L��ycC jT ,lam- +.%_iY•r� � I' _ AV )S'��ir� J SI.Ti )[S'(5� rt �•i:!. W[ �'�+ f 3'[50 pp' ^�' _1�+I p � SIa05 t N ,t5' la (p5X 1. 0- PROJELTIIANAGEAIE )IT,AOAIINfSIRpfIONANO MEETINGS 120 90 $1,500 529.IC0 - SR9.>OD = SVOTOTAI Tg5X 1.0 A1MIHOVRS SUBTOTAL TASK I.O COSTS 180 S24,00D 90 S4.200 S1.SC0 529.]00 _ 520100 TASK LO RESEARCH AND BATA LOLLECRON B 16 S].R80 5]]00 SUBI OIAL TASK R.OAIANHOURS SHBTOTAL TASK 2A COSTS 8 SI.60D 16 51,OB0 53800 5]280 TASK J.O. UBLI(Y RESEARCH Al. COOROINA NOR 16 RO 55.350 55]50 SVO TOTAL TASH J.OnIANHOVRS SUB(OTAL TASK 3.0 COSTS R 5],20D 20 52.100 55]m 55 W TASR 9.0- ACRIAL AIAPPING AACPJ9LDSVRVEY 4 51.220 S1LSC0 511500 S12720 SVBTONrOrAk TASK COSTS SVO(O TAL TgSX 4.O COSTS d 5800 4 5920 51.220 531.500 Si1,5C0 512]211 TASK 5.0� BASE MAPPING 4 24 5].320 sf ]]0 SVOTOMLTASHCOARAHOMS SUB TOTAL TASK 5.0 COSTS 4 SB00 24 $2.520 5] 380 S]320 7ISK 6.0. TRAFFIC STVOY 6.I COMd EriiV. Inbrmalon 2 2 5610 52.500 52nD 5)1 10 82 TalACMal Slsanafle aA 63 BIDS aFela AeviewllnrenW 2 4 2 4 5630 51.220 518 m. SI,500 'S1p WO 51.500 510610 51(80 S UO(OTAL TASK 6.0 NAIIHOURS SUBTOTAL TASK 60 COS T5 0 51.60 0 SB90 51Ad0 VIMD 522.)0 5,O TASK 7.0. GEOTECNNICAL REPORT R SIM S1p399 510,349 s1019B SINTO TAL TASK 7.4 COSTS 5900 Sop] 510.149 510,109 510790 TASK P.D. PRELHIINARYOESIGNPLINS B.1Cms11ain1A l.la 16 24 $5.720 $S i]0 1261108111, Des n 140 34p - .592:)00 SI:E00 S15M 119.200 0]Dlaina 10851 n 14 91 59.050 59840 O4 LOSl EZllmdles 13 S 5200 52040 Aelm Wliedes 52000 SR 0. 120. SMIO,L iq 5K 0.0HAND..I SUBTO(AL TASX8.9 C05T5 '186 SD7.W. 220 521,1) 'SO.... 562].0 SI6c0 SI'.50 S.R. TASK 9,o. FAC( SHEET FOR RESIGN EXCEPNONS d0 64 $I,)0 516.720 53.500 $3.510 519220 SVOTOTAL TASK 9.0 hRNIHOUR5 SUBTOTAL TASK 9.8 COSTS d. $1.W0 64 S0.710 SI.MA 515 )2p 5].550 5150 519110 TASK 10.0 IVATEA.UALITY00,CWTENFATION 9 r'Nales OUall Nma emanl Plan VN]AIP '1 2 51]10 55.600 55000 55810 9251wnx,alea DaURe an SVAft 2 2 3610 55,000 $5)0 55610 SUBTOTAL TAS "0 COSTS SUB(OTAL TASK VD. COSTS 4 ROD $420 51220 sP m0 510,00] 511220 TASK I10- ENANCRINEAL LOOCUAIEHTS CEOA CMIPLIANLE IO.I PIe aIe IN...... 102 PUb0c BAnaunono11511,IfID 3 6 SIAM S4M 5]6,]60 Sl5W Sl ]m 439668 " P 591050 54.30 10.]Na5[es 1 $]LO 51.100 I I 51,110 $1.300 Ip9 Rel Anse to COnunenis Ip51.111galian lfonaodn an6 AO qIN Plo la i 2 9 567➢ S4m SS1M 520) 50.100 5200 50.9Rp 52400 I O.O 1110[8 of OelO,mnalun 1 s2M 5900 SBm SI.1) - SUAl lAl TASK II P UANHOURS SUBTOTAL TASK II.00OSTS 12 SIAM 10 51058 $1,450 55250. S2,]m SSSAm •559,830 TASK I LO.RIOH(OFIYAYENEIHEERING 12 20 SI.SCO $9.500 5 ✓B TOTAL ig5K 12.0 AlANXOVRS SUOTOTALTASH a3.00O5T5 12 52.400 20 52.100 _ S4500 59500 TASK 13A. FINAL PS A E F Me 5nee11 �T cal SeNfOns 111 2 2 _ II SI... S160a SL060 -Oa ", 2 .No P6w Plan SPIaNe 21 12 Ie 90 $2400. 500) 52900 $DAM 61wm Blain Pldn 1 - 5150)OIain Plolfis I �Reu Wn Wa. P1an8 PSafile 1 4 d d 16 16 5 S2ADO WARD 51.43 S29m 52.40 SI,n3 . NI.inin WaB CIDTll l 2 4 5620 SB20 011s6el w menlz 2 - Lentlsm oPlan I IiE dlwn Planl . Lanas[a ae eeoafnn Beam I .s' a;o 5 almin Plans xl . sHaalu nLa Plans 1 . rlalT2can I.D PHna 14 -Cross Sections 9 0 l R I 4 2 B 9 12 32 20 R) 52060 S4M $43 sR) Ss.O6p S4u0 S3.A00 $4.06 sz 000 1 550) MR. 52 000 56500 � S6mD SZMD SID) SR BBO 56,400 $5.400 5220D. 52060 52ACC $3700 51635 B ar fcalions 12 8 S3610 53.290 Casl ESlimale" 0 12 5]068 328) RalmemsAOlo: 55.600 s ?s8a SL'88 SUBTOTAL TASK 1aOMAUHOURS SURTOFAL TASK IBA COSTS SO 510.000 2m 521.755 5253 s< tis 'ZOO SH.0) 516.)0 $se R]5 TASK II.O. PERMNS 1].I CdOlans En[aaaoneA1 Pf11Ml I]RTisislz'nlACaaslal OeveNamenl PalM PppA'[a5en 20 RO 24 29 51000 $Sm 51.62. 5].020 51.520 Si 030 SUBTOTALTASXI4AAPHRIOURS SUBTOTAL TASR 14, 0 COSTS ID SB.Om 4$ 45,040 51.500 519.590 $14 TASK 15.0 dCONSTRUCNON BIOOINO AND SUPPORTSERVILES I6 12 59960 SIAM S✓STOTAL TA SX IS.O MANIIOUpI SUBTOTAL TASK iSO COSTS I6 M.MS ­ $1.260 51:960 M409 NANHOUR GRANO TOTALS - _ -FEE GNANB TOTALS 6112 51]2900 697 373,185 - $85500 - x"SLS Sz9UM - 552300 510,080 519000 513,599 - -. 511500 13]0.049 Sii4, T]4 43 of 48 LAD,1, n.,n6e,[a.alSVlpe exaonWOpooi6eOlxepeoR ,e3mafeta. nirvaan u,ia,]0.]aa,. a F i °• SCHEDULE OF HOURLY BILLING RATES OFFICE PERSONNEL: Typists, Word Processors ....................................... ............................... $50 Technician.............................................................. ............................... $70 Design Engineer/ CADD ....................................... ............................... $105 Principal / Project Manager ................................. ............................... $200 FIELD PERSONNEL: Two -Man Survey Party, including Truck and Equipment .................... $210 Three -Man Survey Party, Including Truck and Equipment .................. $250 SUPPORT & M15CELLANEOUS COSTS: OtherVehicles .............................................. ............................... $0.551mi. Copies — Black & White ................................ ............................... $0.10 /pg• Copies— Color ............................................... ............................... $0.50 1pg• Plotting — Black & White .......... ............................... ...................... $2.00 /ftz Plotting— Color .............................................. ............................... $4.00 1fe Starlight Surveying, Inc. One Man Survey Crew $108.00 / hour Two Man Survey Crew $190.001 hour Three Man Survey Crew $244.001 hour 44 of 48 AD VAN.$ EC .. ConsultingEnghwexs BILLING RATES Classification Grade Billing Rate Assistant Engineer 1 $95 Engineer 2 $120 Senior Engineer 3 $140 Assist. Project Manager 4 $180 Project Manager 5 $220 DIRECT COSTS Travel Mileage $0.55 /mi Other Direct Costs Atcost +l0 %admin. Associates �Jrt dsla • A.0 H d f l(IIe STANDARD HOURLY RATE SCHEDULE Principal $195.00 per hour Project Director /Senior Associate $120.00 per hour Senior Project Manager $105.00 per hour Project Manager $90.00 per hour Design Draftsperson $75.00 per hour Draftsperson $65.00 per hour Senior Clerical $60.00 per hour Clerical $35.00 per hour 45 of 48 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this 4b-.of 48 Kreuzer Consulting Group Page C -1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements, The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager 48 Kreuzer Consulting Group Page C -2 prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self- insured Retentions. Any self - insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated; lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non - Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. 'rimely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. dR n{ qg Kreuzer Consulting Group Page C -3