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HomeMy WebLinkAbout16 - Bridge Seismic RetrofitCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 October 26, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. 949 - 644 -3328 Idalton@city.newport-beach.ca.us SUBJECT: BRIDGE SEISMIC RETROFIT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DOKKEN ENGINEERING RECOMMENDATIONS: 1. Approve a Professional Services Agreement in the amount of $278,848.00 with Dokken Engineering for bridge seismic retrofit design and construction support, and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a Budget Amendment appropriating $14,500.00 from the Gas Tax Fund Balance, 180 -3605, to account 7181- C5100695, increasing revenue estimates in Contributions Federal Highway Funds, 250 -4880, by $240,000.00, and appropriating $176,147.00 to account 7251- C5100695. DISCUSSION: The 1971 San Fernando earthquake exposed a number of deficiencies in the State of California's ( Caltrans') bridge design methods. Caltrans determined that all bridges within the State should be made capable of surviving a maximum credible earthquake. Some damage was felt to be inevitable, but collapse was believed to be preventable with appropriate "seismic retrofitting ". Caltrans' seismic retrofit program was initiated immediately after the earthquake. Its initial objective was to ensure the continuity of all superstructure joints in bridges which could be subject to large ground accelerations. The effort was completed in 1987, after some 1,300 State highway system bridges had been thus retrofitted. The City shared in this effort by retrofitting the Balboa Island Bridge in 1980. Cable restrainers and piles were added to join the ten segments together and reduce the effects of liquefaction upon the bridge during earthquakes, thus meeting the then - current seismic standards. Likewise, the Lido Isle and Little Island bridges were retrofitted in 1984, all at the City's sole expense. SUBJECT: Bridge Seismic Retrofit - Approval of Professional Services Agreement With Dokken Engineering October 26, 2004 Page 2 The October 1989 Loma Prieta earthquake brought about a second phase of bridge seismic retrofit in which all 12,000 publicly -owned bridges within the State would be reanalyzed to determine their resistance to collapse due to a large earthquake. Special attention was focused upon substructures; i.e., bridge foundations. In 1990, City staff began working with Caltrans officials to expedite this second phase seismic analysis upon the City's ten bridges. Using a "qualifications - based" selection process, the City retained Dokken Engineering, a well- respected, Sacramento -based bridge design firm, to prepare a detailed seismic analysis and report upon the bridges and to present their findings in a "Strategy Meeting" at Caltrans' Sacramento offices. Various alternatives for strategy to retrofit the bridges were considered; however, Caltrans did not issue approval and State- approved funding to proceed with design. In 1994 Caltrans changed its methodology for bridge seismic analysis. Dokken prepared another analysis and report, and again presented their findings in a retrofit strategy meeting. There was no response until 1996, when Caltrans published a "mandatory seismic retrofit list ", which indicated three City bridges (Balboa Island, Lido Isle, and Newport Island) that were most likely to succumb to a large earthquake. They then approved 80% Highway Bridge Replacement and Rehabilitation (HBRR) funding provided by the Federal Highway Administration (FHWA) and 20% State Seismic Retrofit funding to design and construct the retrofits for the three bridges, and issued approval to proceed with work on the three bridges. The City did so, and the retrofits were completed on the three bridges by January of 1999. Now, the next four most likely -to- succumb City -owned bridges (the northbound and southbound Jamboree Road bridges over San Diego Creek, the Goldenrod Avenue Pedestrian Bridge over Bayside Drive, and the Little Island Bridge over Grand Canal) are in line for seismic strengthening. Dokken has prepared an analysis and report for the four bridges and again presented their findings in a retrofit strategy meeting. Caltrans has agreed as to retrofit strategy, and staff desires to proceed with design. A decision must be made as to whether the Park Avenue (Little Island) Bridge over Grand Canal should be seismically retrofit or replaced in its entirety. This decision will take time, inasmuch as noise, traffic delay, pile driving, parking, inconvenience to the community, emergency access, etc., during construction must be weighed against cost, anticipated structural life and aesthetics for a retrofitted bridge versus a new replacement bridge. Accordingly, staff recommends retrofitting the other three bridges while issues concerning the Little Island bridge retrofit versus replacement are being resolved. Dokken has proposed to provide design and construction support services for the three bridges. Since Dokken has heretofore provided good service to the City and their scope of services and not -to- exceed fee of $278,848.00 seems appropriate for the work that must be performed, staff recommends that the City Council approve a PSA with Dokken (see attached draft Professional Services Agreement). The FHWA requires that a "Pre -award Audit" be performed on a consulting firm prior to entering into a federally- funded PSA that exceeds $250,000.00. The audit determines SUBJECT: Bridge Seismic Retrofit - Approval of Professional Services Agreement With Dokken Engineering October 26, 2004 Page 3 if the consultant's accounting system is adequate to accumulate and segregate costs in accordance with Federal regulations. Since Dokken's proposed fees will exceed $250,000.00, Staff requested Caltrans to perform a gratis audit of Dokken. Caltrans determined that a reduced scope review of the City's draft PSA is sufficient in lieu of an audit, provided that certain provisions be added to the PSA (see attached letter from Department of Transportation). Staff has added these provisions the City's draft PSA. Due to the State's financial distress, it is no longer providing the 20% funding for retrofit projects; however, the 80% HBRR funding, which is administered by Caltrans, is still available to reimburse the City for all design, permit, construction, and construction administration costs for the City's three - bridge project. The City will have to fund the remaining 20% that the State previously provided. Funding Availability: The current budget includes $109,353.00 for the project. To complete the amount needed for award, permits, reproductions, and other expenses concerning the project, the remaining $190,647.00 must be appropriated through the recommended budget amendment. Upon its approval, sufficient funds will be available in the following accounts for the project: Account Description Gas Tax Contributions Environmental Review: Not applicable at this time. Prepared . , D sign Engineer Account Number 7181- C5100695 7251- C5100695 Attachment: draft Professional Services Agreement/ letter from Department of Transportation Total: Submitted by: Amount $60,000.00 $240,000.00 $300,000.00 in G. Badum Works Director PROFESSIONAL SERVICES AGREEMENT WITH DOKKEN ENGINEERING FOR BRIDGE SEISMIC RETROFIT THIS AGREEMENT is made and entered into as of this _ day of 200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and DOKKEN ENGINEERING, a corporation whose address is 11171 Sun Center Drive, Suite 250, Rancho Cordova, California, 95670 -6113 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to seismically retrofit the Jamboree Road bridges over San Diego Creek and the Goldenrod Avenue pedestrian bridge over Bayside Drive. C. City desires to engage Consultant to provide preliminary engineering and construction support services ( "Project ") for the seismic retrofit. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Matthew W. Salveson, PE. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the first day of January, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement. Consultant's services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 4. COMPENSATION TO CONSULTANT; CONTINGENT FEES City shall pay Consultant for the services in accordance with the provisions of this Section and the Cost Proposal attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Seventy Eight Thousand, Eight Hundred Forty Eight and no /100 Dollars ($278,848.00) without additional authorization from City. Direct labor rates shall not be changed during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the names and hourly rates of the persons who performed the work, descriptions of the specific tasks in the Scope of Services to which the work relates, the dates the services were performed, the numbers of hours spent on the tasks, and descriptions of other costs. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs specifically approved in this Agreement, or specifically approved in advance by City. Federal Acquisition Regulations in Title 48, CFR 31 are the governing factors regarding allowable elements of cost. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subcontractors for performance of any of the services that Consultant agrees to render pursuant to this 1 Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved other costs. 4.3 Consultant shall not receive any compensation for Extra Work 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 Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the hourly rates as set forth in Exhibit B. 4.4 Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability, or at City's discretion, deduct from Consultant's compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4.5 Consultant shall use Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq, to determine the allowability of individual items of cost. Consultant shall also comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR Federal Acquisition Regulations System, Chapter 1, Part 31 et seq. or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments are subject to repayment by Consultant to City. All subcontracts in excess of $25,000 entered into as a result of this Agreement shall contain the provisions of this paragraph. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Matthew W. Salveson, 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 Project without the prior written consent of City. 3 City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from 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 Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd Dalton, PE, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one gratis copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and copy services through City's reproduction company for bid documents. All other reproduction will be the responsibility of Consultant as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the I term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 Consultant shall perform all work in accordance with highway design standards adopted and promulgated by the State of California Department of Transportation and the Federal Highway Administration. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on Project (including the negligent 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). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval 5 for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on 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 that Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his duly authorized designee informed on a regular basis regarding the status and progress of Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an i 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 City's Risk Manager. D. Coverage Requirements. Workers'. Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractors employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coveraqe. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 7 i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty I 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 City and Consultant agree that subcontractors may be used to complete the work outlined in the Scope of Services. The subcontractors authorized by City to perform work on Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 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. Subcontracts exceeding $25,000 in cost shall contain all of the required provisions of this Agreement. Considerations shall give consideration to Disadvantaged Business Enterprise firms as specified in 23 CFR 172.5(e) and Appendix A to Part 26 of 49 CFR. Consultant shall provide evidence of "good faith" effort, if requested by City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Basic survey notes and sketches, charts, computations and other data prepared or obtained under this Agreement shall be made available upon request to City without restriction or limitation on their use. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar sheets with a minimum thickness of three mils. Consultant shall provide to City 9 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to Project, for the completion of Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by City in ".dwg" file format on a CD, and should comply with City's digital submission requirements for Improvement Plans. City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents its judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and 10 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. For the purpose of determining compliance with Public Contract Code Section 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement pursuant to Government Code Section 8546.7, Consultant and its subconsultants shall maintain books, documents, accounting records and other evidence pertaining to the performance of Agreement, including but not limited to, the costs of administering Agreement. Parties shall make such materials available at their respective offices at all reasonable times during the term of Agreement and for three years from the date of final payment under Agreement.. State of California Auditor, Federal Highway Administrator or any duly authorized representative of the Federal government having jurisfiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to Consultant's books, records and documents that are pertinent to Agreement for audits, examinations, excerpts and transactions, and copies thereof shall be fumished if requested. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 26. CONFLICTS OF INTEREST 11 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Lloyd Dalton, PE Public Works Department City of Newport Beach 3300 Newport boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3328 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Matthew W. Salveson, PE Dokken Engineering 11171 Sun Center Drive, Suite 250 Rancho Cordova, CA 95670 -6113 Phone: 916- 858 -0642 Fax: 916 - 858 -0643 12 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable city, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS 13 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. 34. 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. 35. 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. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation 0 Mayor for the City of Newport Beach DOKKEN ENGINEERING: By: By: LaVonne Harkless, Richard T. Liptak, P.E. City Clerk President Attachments: Exhibit A — Scope of Services Exhibit B — Cost Proposal f: \users \pbw \shared\agreements \fy 04 -05 \dokken- bridge seismic retrofit.doc 14 DOKKEN E N G I N E E R I N G w% w. d okke ne n g{ nee rin 5.com August 12, 2004 Mr. Lloyd Dalton, P.E. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: Seismic Retrofit of Goldenrod POC and San Diego Creek Bridges Proposal for Engineering Services Dear Mr. Dalton, Please find attached our proposal to provide professional engineering services for the design of seismic retrofit improvements to the Goldenrod POC and San Diego Creek bridges. Our proposed services include the optional tasks of designing either the retrofit or replacement of the Grand Canal bridge. We have also included an optional task to provide full construction management services for all of these bridges. We have not provided fees or detailed work scopes for the optional tasks, as the exact nature of the construction management services will not be determined before the completion of the environmental documentation and permitting. The scope of work for the Grand Canal bridge structure will, of course, vary substantially depending on whether the structure is retrofitted or replaced. Mr. Matthew W. Salveson, P.E., will be the project manager for this work and will be the City's main point of contact. Mr. Salveson has managed and designed numerous bridge seismic retrofit projects, including three bridges in Newport Beach. He has also been responsible for the construction management of 18 seismic retrofit projects. He will be assisted by key engineer staff with extensive HBRR seismic retrofit experience. Our subconsultants include Mr. King Thomas of LSA Associates. Mr. Thomas is a resident of Newport Beach and is very familiar with the local environmental constraints and challenges. Mr. Gary Parikh of Parikh Consultants (DBE), will provide geotechnical design services. Both subconsultants have a long history of completing successful transportation projects with Dokken Engineering. An organizational chart is attached. Detailed resumes of key staff can be provided at the City's request. I have attached a detailed cost proposal, including anticipated manhours and budget for each task and subtask. The loaded rates shown on the cost proposal are calculated based upon our Caltrans audited loaded rates. We propose to provide these services on an hourly- not -to- exceed basis. I have also attached a copy of our current rate schedule. 11171 SUN CENTER DRIVE, SutTE 250 • IRANcH CofmvA, C.{1 95670 -6113 TEC 916-858 -0642 FAX: 916- 858 -0643 1 DOKKEN E N G I N E E R I N G wx x.d ok ke nenginec�inRcom The project schedule will be dictated by the environmental documentation and permitting. We expect to obtain FHWA and Caltrans approval of the environmental documentation within 12 months of project initiation. Environmental permitting will then require an additional three to six months. An approved PS &E package can be completed within three months of approval of the environmental documents. We will provide a detailed CPM schedule for your review and approval as a first order of work on this project. Thank you for your invitation to propose on this project. We are excited about this work and can begin immediately. Please call me at (916) 858 -0642 if you have any questions Sincerely, Matthew W I S'alveson, P.E. Project Manager attachments 11171 SUN CENTER DRIVE, SUITE 250 • RANCHO CORDOVA, CA 95670-6113 TEU 916 -858 -0642 FAX: 916 -858 -0643 OF WORK -Table of Contents Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach SCOPE OF SERVICES Table of Contents TASK 1.0 PROJECT MANAGEMENT ..................................................................... ..............................1 Task 1.1 Project Management .............................................................................. ..............................1 Task 1.2 Project Delivery Team Meetings .............................................................. ..............................1 Task1.3 Community Outreach ............................................................................. ..............................2 Task1.4 HBRR Program Support .......................................................................... ..............................2 Task1.5 Quality Control ..................................................................................... ..............................2 TASK 2.0 ENVIRONMENTAL ANALYSES: SAN DIEGO CREEK BRIDGES ............... ..............................3 Task2.1 Project Initiation ................................................................................... ..............................3 Task2.2 Technical Reports .................................................................................. ..............................3 Task 2.3 Section 4(f) Evaluation .......................................................................... ..............................4 Task2.4 Air Quality .................. ... ...... - ............................................................................ ................. 4 Task2.5 Cultural Resources ................................................................................ ..............................4 Task 2.6 Draft Categorical Exemption ( CE) ............................................................ ..............................5 Task 2.7 Final Categorical Exemption (CE) ............................................................ ..............................5 Task 2.8 NEPA Categorical Exclusion .................................................................... ..............................6 TASK 3.0 PERMITTING: SAN DIEGO CREEK BRIDGES ....................................... ..............................7 Task 3.1 Geotechnical Borings ............................................................................. ..............................7 Task 3.2 Environmental Permits ........................................................................... ..............................7 Task3.3 Mitigation Plan ...................................................................................... ..............................8 TASK 4.0 ENVIRONMENTAL ANALYSES: GOLDENROD PEDESTRIAN OVERCROSSING ......................9 Task 4.1 Project Initiation ................................................................................... ..............................9 Task4.2 Technical Reports .................................................................................. ..............................9 Task 4.3 Section 4(f) Evaluation ......................................................................... .............................10 Task4.4 Air Quality ........................................................................................... .............................10 Task 4.5 Cultural Resources ............................................................................... .............................10 Task 4.6 Draft Categorical Exemption ( CE) ........................................................... .............................11 Task 4.7 Final Categorical Exemption (CE) ........................................................... .............................11 Task 4.8 NEPA Categorical Exclusion ................................................................... .............................11 TASKS.0 DESIGN ............................................................................................. .............................12 Task 5.1 Geotechnical Investigation .................................................................. ............................... 12 Task 5.2 Plans, Specifications & Estimate (PS &E) .................................................. .............................12 TASK 6.0 BIDDING ASSISTANCE ...................................................................... .............................15 TASK 7.0 CONSTRUCTION ASSISTANCE ........................................................... .............................15 TASK 8.0 CONSTRUCTION MANAGEMENT ( OPTIONAL) ................................... ............................... 15 TASK 9.0 GRAND CANAL BRIDGE DESIGN ( OPTIONAL) .................................. ............................... 15 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach TASK 1.0 PROJECT MANAGEMENT Dokken Engineering Project Management includes regular in- person meetings, presentation of work products, development and monitoring of action items, progress reports, work progress monitoring, budget monitoring, coordination and communication. The Dokken Engineering Project Manager will work closely with the City Project Manager and continuously inform the City Project Manager of all project activities. The duration of the project management effort is expected to be continuous through completion of the job. Task 1.1 Project Management Coordination - Close contact will be maintained among the Project Manager, all subconsultants, the City Project Manager, and regulatory agencies. The Project Manager will act as the principal liaison between the City of Newport Beach and our staff at Dokken Engineering. Communication - Effective communication through in- person visits, focused meetings, telephone calls and a -mails to the City will be performed to discuss specific project issues. Regular communication with team members, the City and other agency personnel will be facilitated through the Project Manager. Progress Reports will be submitted monthly to the City of Newport Beach. These reports will include updated project schedule, a discussion of issues /decisions, recommendations to address issues, budget status, and anticipated work for the following month. The progress report will be e- mailed to the City Project Manager on the last day of the month and will be submitted with the monthly invoice. Dokken Engineering's Project Manager is responsible for maintaining cost control for each task, including our subconsultants. Dokken Engineering will provide and maintain a detailed Milestone Schedule and Microsoft Project Schedule. The Milestone Schedule is a simple one page schedule to assist in project communication. In addition, a comprehensive schedule using Microsoft Project will be prepared that will identify each task and deliverable for the project. Dokken Engineering's Project Manager will closely monitor the schedule and bring any deviations to the attention of the City Project Manager. Deliverables - Task 1.1 • Monthly Progress Report and Invoice • Milestone Schedule Microsoft Project Schedule Task 1.2 Project Delivery Team Meetings A Project "Kick -off" Meeting will be held following the Notice to Proceed. This meeting will include representatives from the City of Newport Beach, Dokken Engineering, subconsultants and other involved agencies. The primary meeting objectives will be to present the project, its goals, review the project scope and action item list, explain the project schedule, and identify key project issues, Monthly Project Delivery Team (PDT) Meetings will be held with City staff and other representatives, as necessary, to discuss project issues and work progress. Status meetings will be held at the City offices. Dokken Engineering will prepare the meeting agenda in consultation with the City Project Manager, distribute the agenda one week prior to the meeting, arrange for appropriate participants to attend, and prepare and distribute the meeting notes to the Participants within five working days after the meeting. All items that appear on the project schedule are included in an "Action Item List" prepared atth a beginning of the project. The list shows the work item, the date it is due, who is responsible for the task, and the date it was completed. The Action Item List is reviewed and updated at every status meeting. Deliverables - Task 1.2 • Meeting Agendas • Meeting Minutes Action Item Lists Page 1 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach Task 1.3 Community Outreach Public outreach and involvement will play a significant role in development of this project. Public outreach activities will be performed to ensure the public is informed and given an opportunity to provide input on the project. Dokken Engineering will provide the City with all needed support for meetings with the public and elected representatives. Dokken Engineering will prepare necessary graphics to convey to the public the major design features of the project and the area impacted by the construction. Graphics will include large scale plots which will show project limits and traffic staging overlaid on an aerial photograph. In addition, Dokken Engineering will develop renderings showing the proposed finished conditions of the project sites. Deliverables - Task 1.3 • Meeting Exhibits Renderings Task 1.4 HBRR Program Support Dokken Engineering will prepare all documents required by the Local Assistance Procedure Manual for the City of Newport Beach. This includes the Requests for Authorization (RFA) for Right of Way and Construction and an Exhibit 6 -D, if necessary. In addition, the Utility and Right of Way Certifications will be completed and provided to the City for signature. All paperwork required for the City will be prepared by Dokken Engineering. In addition, once the paperwork is submitted, Dokken Engineering will maintain and coordinate the status of each request with Caltrans District 12 to make certain no delays occur. Deliverables - Task 1.4 • RFA Right of Way • RFA Construction • Updated Finance Letters and Exhibit 6 -D • Utility Certification • Right of Way Certification • PS &E Certification Task 1.5 Quality Control John Bishop from Dokken Engineering will be the Quality Assurance Engineer for this project. The QA Engineer will perform a quality review of all project deliverable items. This includes all products prepared by our subconsultants. In addition, the Project Manager will be responsible for the Quality Control for all products submitted to the City. This two tier QA/QC level of effort ensures a high quality product. Each submittal to the City will be accompanied by a transmittal memo. Any review comments received are summarized and a Dokken Engineering response is prepared and the required corrections made. Each and every comment will be addressed and the required corrections will be made. As the plans are approaching their final completion level, the Dokken Engineering Team will walk the project site and field verify that the plans are constructible and ensure the latest field conditions are incorporated. Page 2 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach TASK 2.0 ENVIRONMENTAL ANALYSES: SAN DIEGO CREEK BRIDGES Task 2.1 Project Initiation Prior to the kick -off meeting, LSA Associates will review existing information and prepare adraf t Preliminary Environmental Study (PES) form per Caltrans Local Assistance Guidelines. The draft PES form will be discussed and finalized at the kick- off /field meeting. The final PES form approved by Caltrans will define the environmental scope of services including the technical studies and the level of the environmental document for the project. Task 2.2 Technical Reports LSA Associates will prepare the following technical reports for the project in support of the CE /CE: Task 2.2.1 Noise Impact Analysis LSA Associates will prepare a noise impact analysis per City and Caltrans guidelines and requirements. The technical study will present a description of the existing land uses, existing noise levels, and applicable Federal, State ( Caltrans), and City of Newport Beach guidelines, ordinances, and regulations. Sample measurements of ambient noise will be performed by an acoustical specialist to document the existing noise environment. The measured existing ambient noise levels will be used to assess whether a substantial increase in noise level with project implementation would occur per Caltrans criteria. Short-term noise measurements will be recorded at up to four (4) locations using noise level analysis /monitors to characterize the motor vehicular noise environment. The appendix will Include a presentation of noise fundamentals. The proposed project is a retrofit project that will not significantly alter the horizontal or vertical alignments of the roadway. Therefore, the proposed bridge improvements would not affect vehicular traffic. No traffic- related noise impact would be evaluated. Construction noise impacts from stationary and mobile equipment, such as pile driving or trucks, will be addressed. Noise and its impacts will be discussed. Noise abatement measures designed to reduce noise impacts to acceptable noise levels will be identified where necessary. Task 2,2.2 Hazardous Waste Initial Site Assessment (ISA) LSA Associates will prepare an ISA in accordance with Caltrans guidelines and in general accordance with the American Society of Testing and Materials (ASTM) Designation E 1597 -00, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The following tasks will be conducted as part of this evaluation: LSA Associates will conduct an agency records database search to identify hazardous waste sites located within the ASTM radius of the project site and classified as hazardous waste under State law. The records search will also identify business types located within the ASTM radius that store, transfer, or utilize large quantities of hazardous materials. This information will be obtained from records maintained by Federal, State and local agencies. LSA Associates will utilize a database service to perform this search. Historic land use information for the Area of Potential Effects (APE) will be reviewed to determine whether previous uses in the project area may have resulted in hazardous waste contamination. This information includes historic aerial photographs, historic USGS maps, Sanborn Fire Insurance Maps, Oil and Gas maps, available groundwater depth /flow data, City directories, County Assessor's data, and building permits. LSA Associates will conduct a visual survey of the APE via public right -of -way to identify any obvious area of hazardous waste contamination. Access to private property or City right -of -way shall be provided by the Lead Agency. • If hazardous waste sites are identified within the APE (via governmental records and /or the visual survey), LSA Associates will review available public records at the appropriate oversight agency to determine the potential impact to the project. • LSA Associates will prepare a report that presents findings and recommendations based on the site survey and historical records review. Page 3 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach Task 2.2.3 Biological Studies A list of sensitive species that may be present in the project area will be compiled from the California Natural Diversity Data Base and the California Native Plant Society electronic inventory. A letter requesting a list of federally listed species potentially occurring within the project area will be sent to the United States Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration Fisheries (NOAA fisheries). In addition, LSA Associates will review the information for designated critical habitat and determine if the proposed project will impact critical habitat. Field surveys will be conducted to assess the likelihood of these sensitive species occurring on the project site and to identify other species and habitats within the project boundaries, including surveys for sensitive marine biological resources by a qualified marine biologist. In order to perform the biological work efficiently, these surveys should be done during the spring flowering period for the sensitive plant species that may occur in the project vicinity. The need for any focused assessments of particular resources (e.g., an endangered species survey according to USFWS Protocol), which are not included in this proposal, will also be identified. During the field surveys, areas that may be subject to the U.S. Army Corps of Engineers (Corps) and /or California Department of Fish and Game (CDFG), as waters of the U.S. or waters of the State, will be delineated and mapped using Geographic Information System (GIS) technology, Please note that while the invasive algae (Caulerpa taxifolia) do not currently grow in Newport Bay, agencies are now requiring surveys for the invasive algae prior to and following project implementation where disturbing activities (e.g., dredging, pile installation /removal) have a potential to spread this fast growing nuisance species. An initial invasive algae survey will be conducted at the same time of the proposed marine resources survey and the results will be included in the report. In addition, agencies mandate that pre - construction surveys be conducted to ensure that this species is not present at the time of the project. Therefore, surveillance -level surveys must be completed no more than 90 days prior to beginning construction activities for the bridge retrofit project and the geotechnical borings, and no less than 30 days prior to beginning these activities. Pre - construction surveys for invasive a gae will be conducted on the project site for the area under the bridge and within 30 feet of each side of the bridge. If surveys are required for a larger area, the scope and budget may need to be modified accordingly. The information collected during the above tasks will be utilized to complete the background information for permit applications, as well as CEQA /NEPA documents. A delineation report identifying the jurisdictional areas within the project area will be prepared and submitted to the Corps and the CDFG for verification of the jurisdictional boundaries within the project area prior to submitting the permit applications. Prior to submitting the delineation report to the resource agencies, a draft copy of the report will be submitted to Dokken Engineering for review. As federal funds will be used for this project, the report will be in the format of a Natural Environment Study (NES) report, according to Caltrans guidelines and procedures. Task 2.3 Section 4(f) Evaluation The San Diego Creek bicycle trail crosses under the Jamboree Road bridges over San Diego Creek. The bicycle trail will be used for temporary access to the bridges during construction of the project. Section 4(f) prohibits the use of land from a publicly owned park, or recreational area by a federally funded transportation project unless certain determinations can be made. As a publicly owned recreation area, the bicycle trail falls under the requirements of Section 4(f) of the Department of Transportation Act (49 U.S.C. 303) of 1966. This project meets the criteria for a Programmatic Section 4(f) Evaluation. Therefore, in compliance with Section 4(f), LSA Associates will prepare a Programmatic Section 4(f) Evaluation for review and approval by Caltrans / FHWA to address temporary impacts to the bicycle trail. Task 2.4 Air Quality The proposed project is a retrofit project that will improve the safety of the existing bridge. Therefore, per Table of 40 CFR 93.134, the proposed project is exempt from all emissions analyses. No air quality analysis is required. Task 2.5 Cultural Resources Task 2.5.1 Native American Consultation LSA Associates will conduct Native American consultation with entities whose names will be provided by the Native American Heritage Commission. Page 4 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach Task 2.5.2 Area of Potential Effects Map LSA Associates will develop an Area of Potential Effects (APE) Map. Task 2.5.3 Records Search An archaeological and historical records review and literature search will be conducted through the South Central Coastal Information Center of the California Historic Resources Information System (CHRIS). The objective is: (1) to establish the status and extent of previously recorded sites, surveys, and excavations in the APE, and (2) to note what site types might be expected to occur within the proposed APE. Task 2.5.4 Archeological Survey Based on the records search, a systematic on -site pedestrian survey will be conducted to determine the presence of archeological resources on previously unsurveyed property. Previously recorded sites within the APE will be field checked, and existing site records will be updated consistent with the guidelines established by the State Office of Historic Preservation (OHP). Task 2.S.S Architectural Survey An architectural survey will be conducted to: (1) determine the presence of buildings within the area of effect, and (2) record those that require historic evaluation. Task 2.5.6 Reports Depending on the resultsof the archaeological and architectural surveys, various reports will be completed. Following Is a description of the reports LSA Associates anticipates the need to complete for this project. • Historic Property Survey Report (HPSR). This cover document for all cultural reports will be completed. It is anticipated that both archaeological and architectural findings will be negative. Therefore, this proposal is based on completing a negative HPSR. Archaeological Survey Report (ASR). Following the archaeological survey, an ASR will be completed. This report will discuss the findings of the records search and survey. It is anticipated that archaeological findings will be negative. Task 2.6 Draft Categorical Exemption (CE) Based on the project being constructed primarily within existing City right -of -way (minor or no right -of -way acquisitions required), requiring only minor alterations to existing street widths and not adding additional traffic capacity (no new through traffic lanes), it is anticipated that the project can be covered under a CE for CEQA (CEQA Guidelines Section 15301(c)). LSA Associates will prepare a CE for the project using standard City forms. To conduct this task, LSA Associates will utilize preliminary geometric plans prepared by Dokken Engineering, right -of -way maps and data from the City and /or other sources, as well as knowledge gained from the initial site visit and information from any prior studies (if available) for recent projects in the area. The CE will address the environmental topics determined to apply to the proposed project and provide sufficient discussion to indicate that no significant environmental impacts would result from project implementation. Information from the technical studies will be incorporated Into the CE determination. Task 2.7 Final Categorical Exemption (CE) The Draft CE will be revised, if necessary, per comments received from the City. The Final CE will consist of the revised Draft CE and the technical reports prepared for the project. LSA Associates will provide the City a master copy of the document for City approval. Following approval of the Final CE, LSA Associates will file the CE with the County Clerk's office and the State Office of Planning and Research, where it will be posted for a period of 30 days. Page 5 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach Task 2.8 NEPA Categorical Exclusion Following approval of the technical studies by the City and Caltrans, LSA Associates will prepare a Categorical Exclusion per NEPA requirements. The Categorical Exclusion, consisting of the approved CEQA CE and technical study backup, will be submitted for approval by Caltrans and FHWA. Deliverables - Tasks 2.1 - Task 2.6 • Preliminary Engineering Survey (PES) Noise Impact Analysis • Hazardous Waste Initial Site Assessment (ISA) Natural Environment Study (NES) • Programmatic Section 4(f) Evaluation • APE Map • Historic Property Survey Report (HPSR) • Archaeological Survey Report (ASR) • Draft and Fina! Categorical Exemption (CE) Page 6 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek E City of Newport TASK 3.0 PERMITTING: SAN DIEGO CREEK BRIDGES Task 3.1 Geotechnical Borings Geotechnical investigations are required on this site in order to determine the soil stratigraphy and subsurface conditions, and to collect soil samples. Some of the geotechnical borings will occur within the channel beneath the existing crossing. The work is covered by NWP No. 6, which authorizes survey activities and allows discharges associated with the temporary placement of structures necessary to complete a geotechnical investigation. This nationwide permit is pre - certified by the Regional Water Quality Control Board (RWQCB) and as such, is subject to the notification requirements by the RWQCB. However, to qualify for this nationwide permit, the activity must comply with the nationwide permit general conditions, including obtaining a coastal zone consistency concurrence from the California Coastal Commission. In addition, for any construction activities within astrea m, such as San Diego Creek, a California Department of Fish and Game Streambed Alteration Agreement will be required. The application fee associated with the application for the Streambed Alteration Agreement cannot be determined until the new fee schedule has been approved. The fee for a Streambed Alteration Agreement under the previous fee schedule was approximately $13,DDD. It is assumed that the City will pay this fee directly. For this task, LSA Associates will prepare a letter to the California Coastal Commission requesting exemption from a Coastal Development Permit and a coastal consistency analysis for the geotechnical borings. LSA Associateswill prepare a letter to the Coast Guard requesting a waiver under Section 9 of the Rivers and Harbors Act, along with notification of impacts to navigation. In addition, notification of the proposed geotechnical boring activities will be submitted to the RWQCB and the Corps. These letters will include details of environmental impacts Task 3.2 Environmental Permits The permits listed below will be required for construction of the proposed bridge retrofit: • Section 404 (Clean Water Act) permit from the Corps for dredge or fill material (including pilings) in the San Diego Creek /Newport Back Bay. The project should be eligible for a nationwide permit. • Section 401 (Clean Water Act) certification from the RWQCB. • Section 9 (Rivers and Harbors Act) permit from the U.S. Coast Guard for bridge construction in navigable waters. Coastal Development Permit pursuant to the California Coastal Act of 1976. If the project affects listed species or designated critical habitat, additional authorizations may be required from the USFWS or NOAH Fisheries. The scope of services for the permits listed above is described in further detail below. Federal. LSA Associates will conduct a jurisdictional delineation to determine whether the project will impact waters subject to Corps jurisdiction. After the delineation report has been reviewed and accepted by the resources agencies, the report will be used to quantify the impacts to jurisdictional waters by the proposed construction activities associated withth a bridge retrofit. This information will be used to prepare the appropriate NWP documentation for submittal to the Corps and request a Section 401 Water Quality Certification to the Regional RWQCB. In addition, LSA Associates will prepare a letter to the Coast Guard requesting a waiver under Section 9 of the Rivers and Harbors Act, along with a notification of impacts to navigation. This scope is based on one or more nationwide permits that may be required for the construction activities associated with the bridge retrofit, but the exact nationwide permit cannot be determined until final construction details have been completed. However, to qualify for a nationwide permit, the proposed activity must obtain an individual state coastal zone management consistency or waiver. Therefore, LSA Associates will submit an application for a Coastal Development Permit (CDP) from the California Coastal Commission (CCC). The CCC requires that a mailing list, along with addressed and stamped envelopes, for all owners and applicants within a 100 foot radius (not including the area within road right of way) of the proposed project is included in the application. It is assumed that the City will pay the filing fee for the CDP and the Section 401 notification directly. The size of these fees will be determined by the specific impacts identified. State. LSA Associates will prepare a Notice of Streambed Alteration for the California Department of Fish and Game under Section 1602 of the California Fish and Game Code. It is assumed that the City will pay the filing fee directly. According to the previous fee schedule, the filing fee for a streambed alteration agreement was approximately $13,000. Page 7 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach Task 3.3 Mitigation Plan LSA Associates will prepare conceptual on -site mitigation measures in the vicinity of the project, with mitigation consisting primarily of removal of exotic vegetation and enhancement or revegetation of the mitigation area(s) with native vegetation. Based upon the results of the marine resources field surveys, and identified project impacts on marine resources, Best Management Practices (BMPs) and construction minimization measures will be identified to ensure that marine resources in the vicinity of the bridge retrofitting areas are protected. Deliverables — Tasks 3.1 — 3.3 • Coastal Commission letter • Coast Guard letter • Section 404 (Clean Water Act) Permit • Section 401 (Clean Water Act) Certification • Section 9 (Rivers and Harbors Act) Permit • Coastal Development Permit On -Site Mitigation Measures Page 8 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach TASK 4,0 ENVIRONMENTAL ANALYSES; GOLDENROD PEDESTRIAN OVERCROSSING Task 4.1 Project Initiation Prior to the kick -off meeting, LSA Associates will review existing information and prepare adraf t Preliminary Environmental Study (PES) form per Caltrans Local Assistance Guidelines. The draft PES form will be discussed and finalized at the kick - off /field meeting. The final PES form approved by Caltrans will define the environmental scope of services including the technical studies and the level of the environmental document for the project. Task 4,2 Technical Reports LSA Associates will prepare the following technical reports for the project in support of the CE /CE: Task4.2.1 Noise Impact Analysis LSA Associates will prepare a noise impact analysis per City and Caltrans guidelines and requirements. The technical study will present a description of the existing land uses, existing noise levels, and applicable Federal, State ( Caltrans), and City of Newport Beach guidelines, ordinances, and regulations. Sample measurements of ambient noise will be performed by an acoustical specialist to document the existing noise environment. The measured existing ambient noise levels will be used to assess whether a substantial increase in noise level with project implementation would occur per Caltrans criteria. Short-term noise measurements will be recorded at up to four (4) locations using noise level analysis /monitors to characterize the motor vehicular noise environment. The appendix will include a presentation of noise fundamentals, Because the proposed bridge improvements would not affect vehicular traffic, no traffic - related noise impact would be evaluated. Construction noise impacts from stationary and mobile equipment will be addressed. Noise and its impacts will be discussed. Noise abatement measures designed to reduce noise impacts to acceptable noise levels will be identified where necessary. Task 4.2.2 Hazardous Waste Initial Site Assessment (ISA) LSA Associates will prepare an ISA in accordance with Caltrans guidelines and in general accordance with the American Society of Testing and Materials (ASTM) Designation E 1597 -00, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The following tasks will be conducted as part of this evaluation: • LSA Associates will conduct an agency records database search to identify hazardous waste sites located within the ASTM radius of the project site and classified as hazardous waste under State law. The records search will also identify business types located within the ASTM radius that store, transfer, or utilize large quantities of hazardous materials. This information will be obtained from records maintained by Federal, State and local agencies. LSA Associates will utilize a database service to perform this search. • Historic land use information for the Area of Potential Effects (APE) will be reviewed to determine whether previous uses in the project area may have resulted in hazardous waste contamination. This information includes historic aerial photographs, historic USGS maps, Sanborn Fire Insurance Maps, Oil and Gas maps, available groundwater depth /flow data, City directories, County Assessor's data, and building permits. • LSA Associates will conduct a visual survey of the APE via public right -of -way to identify any obvious area of hazardous waste contamination. Access to private property or City right -of -way shall be provided by the Lead Agency. • If hazardous waste sites are identified within the APE (via governmental records and /or the visual survey), LSA Associates will review available public records at the appropriate oversight agency to determine the potential impact to the project. LSA Associates will prepare a report that presents findings and recommendations based on the site survey and historical records review. Page 9 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Dieqo Creek City of Newport Beach Task 4.2.3 Biological Studies A list of sensitive species that may be present in the project area will be compiled from the California Natural Diversity Data Base and the California Native Plant Society electronic inventory. A letter requesting a list of federally listed species potentially occurring within the project area will be sent to the United States Fish and Wildlife Service (USFWS). A field survey will be conducted to assess the likelihood of these sensitive species occurring on the project site and to identify other species and habitats within the project boundaries. Concurrently, LSA Associates will complete a focused wetland determination according to the 1987 Corps of Engineers Wetland Delineation Manual, the currently accepted methodology. This scope of work is for routine delineation methods tailored to the site characteristics. Data on the three parameters that are used to identify wetlands will be recorded on a wetland data sheet. Finally, LSA Associates will determine whether any streambed and associated riparian areas are subject to review by the California Department of Fish and Game (CDFG) under Sections 1602 of the Fish and Game Code. The purpose of these determinations will be to ascertain whether the project will affect jurisdictional waters. A complete delineation of any affected waters is not included, since they are not expected to occur. If there is a potential for the project to significantly impact biological resources, especially wetlands, or endangered, threatened, or proposed species, LSA Associates will advise the City immediately to discuss the need for additional assessment. If there are no significant impacts, LSA Associates will prepare a Low Impact Natural Environment Study (NES) report, according to Caltrans guidelines and procedures. Task 4.3 Section 4(f) Evaluation The Goldenrod Pedestrian Overcrossing crosses over the Bayside Drive Park. The park will be used for temporary access to the pedestrian overcrossing bridge during construction of the project. Section 4(f) prohibits the use of land from a publicly owned park, or recreational area by a federally funded transportation project unless certain determinations can be made. As a publicly owned park, Bayside Drive Park falls under the requirements of Section 4(f) of the Department of Transportation Act (49 U.S.C. 303) of 1966. Based on available information regarding the proposed project, the project meets the criteria for a Programmatic Section 4(f) Evaluation. Therefore, in compliance with Section 4(f), LSA Associates will prepare a Programmatic Section 4(f) Evaluation for review and approval by Caltrans /FHWA to address temporary impacts to Bayside Drive Park. Task 4.4 Air Quality The proposed project is a retrofit project that will improve the safety of the existing bridge. Therefore, per Table 2 of 40 CFR 93.134, the proposed project is exempt from all emissions analyses. No air quality analysis is required. Task 4.S Cultural Resources Task 4.5.1 Native American Consultation LSA Associates will conduct Native American consultation with entities whose names will be provided by the Native American Heritage Commission. Task 4.5.2 Area of Potential Effects Map LSA Associates will develop an Area of Potential Effects (APE) Map. Task 4.5.3 Records Search An archaeological and historical records review and literature search will be conducted through the South Central Coastal Information Center of the California Historic Resources Information System (CHRIS). The objective of this archival research will be: (1) to establish the status and extent of previously recorded sites, surveys, and excavations in the APE, and (2) to note what site types might be expected to occur within the proposed APE. Task 4.5.4 Archeological Survey Based on the records search, a systematic on -site pedestrian survey will be conducted to determine the presence of archeological resources on previously unsurveyed property. Previously recorded sites within the APE will be field checked, and existing site records will be updated consistent with the guidelines established by the State Office of Historic Preservation (OHP). Page 10 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach Task 4.5.5 Architectural Survey An architectural survey will be conducted to: (1) determine the presence of buildings within the area of effect, and (2) record those that require historic evaluation. Task 4.5.6 Reports Depending on the resultsof the archaeological and architectural surveys, various reports will be completed. Following is a description of the reports LSA Associates anticipates the need to complete for this project. • Historic Property Survey Report (HPSR). This cover document for all cultural reports will be completed. It is anticipated that both archaeological and architectural findings will be negative. Therefore, this proposal is based on completing a negative HPSR. Archaeological Survey Report (ASR). Following the archaeological survey, an ASR will be completed. This report will discuss the findings of the records search and survey. It is anticipated that archaeological findings will be negative. Historic Resources Evaluation Report (HRER). Because the Goldenrod POC is greater than 50 years old, an HRER with appended Bridge Evaluation Short Form will be completed. Task 4.6 Draft Categorical Exemption (CE) Based on the project being constructed primarily within existing City right -of -way (minor or no right -of -way acquisitions required), requiring only minor alterations to existing street widths and not adding additional traffic capacity (no new through traffic lanes), it is anticipated that the project can be covered under a CE for CEQA (CEQA Guidelines Section 15301(c)). LSA Associates will prepare a CE for the project using standard City forms. To conduct this task, LSA Associates will utilize preliminary geometric plans prepared by Dokken Engineering, right -of -way maps and data from the City and /or other sources, as well as knowledge gained from the initial site visit and information from any prior studies (if available) for recent projects in the area. The CE will address the environmental topics determined to apply to the proposed project and provide sufficient discussion to indicate that no significant environmental impacts would result from project implementation. Information from the technical studies will be incorporated into the CE determination. Task 4.7 Final Categorical Exemption (CE) The Draft CE will be revised, if necessary, per comments received from the City. The Final CE will consist of the revised Draft CE and the technical reports prepared for the project. LSA Associates will provide the City a master copy of the document for City approval. Following approval of the Final CE, LSA Associates will file the CE with the County Clerk's office and the State Office of Planning and Research, where it will be posted for a period of 30 days. Task 4.8 NEPA Categorical Exclusion Following approval of the technical studies by the City and Caltrans, LSA Associates will prepare a Categorical Exclusion per NEPA requirements. The Categorical Exclusion, consisting of the approved CEQA CE and technical study backup, will be submitted for approval by Caltrans and FHWA. Deliverables - Tasks 4.1 - Task 4.8 • Preliminary Engineering Survey (PES) • Noise Impact Analysis • Hazardous Waste Initial Site Assessment (ISA) Natural Environment Study (NES) • Programmatic Section 4(f) Evaluation • APE Map • Historic Property Survey Report (HPSR) • Archaeological Survey Report (ASR) • Historic Resources Evaluation Report (HRER) • Draft and Final Categorical Exemption (CE) • NEPA Cateoorical Exclusion Page 11 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach TASK S.0 DESIGN Dokken Engineering will prepare the plans, specifications, and estimate (PS &E) for the seismic retrofit of the San Diego Creek Bridges and the Goldenrod Pedestrian Overcrossing (POC). Task S.1 Geotechnical Investigation Parikh Consultants will perform the required geotechnical investigations and prepare aGeot ethnical Report in accordance with Caltrans guidelines and procedures. One additional boring will be required at the southern San Diego Creek bridge abutments. No additional borings will be needed at the Goldenrod POC. The proposed task breakdown for this work is as follows: Task 5.1.1 Permits /USA Foundation investigations will comply with the City /County drilling permit requirements. Parikh Consultants will field locate the boring and call for USA clearance. Task 5.1.2 Field Exploration (San Diego Creek Bridges) Parikh Consultants will drill one boring to 100 feet. The exploration will provide an evaluation of subsurface conditions at the south abutment. The boring location will depend upon the available access. A truck mounted drill rig will be used. Traffic control by Parikh is anticipated and will conform to Caltrans lane closure standards. Parikh Consultants will classify and continuously log subsurface soil conditions encountered in the test boring at the time of drilling. They will obtain "relatively undisturbed" and bulk sample; of substrata from test boring. The boring will be drilled and capped in accordance with the permit requirements from the City /County. Generally,t he boring is required to be backflled with cement grout. The drill cuttings will have to be drummed anddisposed of off -site. Task 5.1.3 Laboratory Testing (San Diego Creek Bridges) Parikh Consultants will perform laboratory tests on representative soil samples such as moisture density, unconfined compression, gradation analyses, corrosion tests and Plasticity Index test, as necessary. Task 5.1.4 Soils Analysis/ Evaluation Parikh Consultants will prepare final geotechnical design recommendations for foundations and provide a Final foundation report. This will include design recommendations for foundation types and footing elevations, lateral design capacities, pile foundation recommendations or spread footings. The report will discuss seismic considerations, evaluate the liquefaction potential and comment on the site soil conditions. Information related to Caltrans seismic design criteria (SDC V 1.2) such as depth to rock like material, ARS Curves, etc. shall be provided. Parikh Consultants will prepare two separate final foundation reports (one for Goldenrod POC and one for the San Diego Creek bridges) and will prepare boring logs. Deliverables - Task 5.1 • Geotechnical Reports Los of Test Borings Task S.2 Plans, Specifications & Estimate (PS &E) Dokken Engineering will prepare the PS &E with submittals scheduled for 65 %, 90 %, and 100 %. Task 5.2.1 Preliminary Engineering Dokken Engineering will perform preliminary engineering in support of the environmental documents. This work will include all design work required to adequately scope the environmental documents and studies. The work will include bridge general plans and selected portions of the various retrofit details. Page 12 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach Task S. 2.2 6S% Plans Dokken Engineering will prepare the 65% plans. All plan sheets will be prepared in accordance with City and Caltrans standards. The following plan sheets will be included in this submittal. Deliverables — Task 5.2.2 PS &E — San Diego Creek Bridges - General Plan (1 sheet) - Utility Details (1 sheet) - Bent Details (1 sheet) - Abutment Details (1 sheet) - Diaphragm Details (1 sheet) - Miscellaneous Details (1 sheet) - Environmental Mitigation Plan (1 sheet) - Log of Test Borings (1 sheet) • TOTAL OF 8 SHEETS PS &E — Goldenrod Pedestrian Overcrossing - General Plan (1 sheet) - Bent Cap Details (1 sheet) - Restrainer Details (1 sheet) - Miscellaneous Details (1 sheet) - Log of Test Borings (1 sheet) TOTAL OF S SHEETS A single common Title Sheet will alsobe prepared. These plans will be complete, but will not yet have undergone an independent structural review (see Task 5.2.4). Task 5.2.3 Utility Letter "B" Plans Dokken Engineering will prepare draft transmittal letters to affected utility owners for City review and approval prior to transmitting "B" Plans to utility owners. The "B" plans will show possible utility locations on the bridge cross sections. Two sets of base maps or "B" Plans will be provided to each utility owner as an attachment to the transmittal letter. The base plans will be clearly marked "B" Plans and the transmittal letter will clearly identify this project as a City of Newport Beach project. All utilities in possible conflict will be highlighted with possible options for relocation. Following return of the "B" Plans to Dokken Engineering, a meeting will be scheduled with the utility companies to discuss relocation or protection in place of the impacted utilities. Deliverables — Task 5.2.3 • Transmittal Letters • "B" Plans for determining relocation or protection Task 5.2.4 90% PS &E Dokken Engineering will prepare Plans for the 90% submittal. The 90% submittal will include a letter addressing comments from the 65% plan submittal, the City's original comments (red -lined plans), and revised plans. Dokken Engineering will also perform a complete independent structural analysis of the 65% Plans. A detailed construction cost estimate and schedule of values per City standard will be revised. Dokken Engineering will prepare Special Provisions based on Caltrans Standard Special Provisions and Caltrans' Standard Specifications. The special provisions will encompass all aspects of the construction, including the implementation of any mitigation measures and permit - related requirements. Specifications will be prepared in Microsoft Word format with a copy on disk submitted to the City. Deliverables — Task 5.2.4 • Revised Plan Sheets • Special Provisions Engineer's Estimate Page 13 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach Task S.2.S 100% PS &E After review comments are received from the 90% PS &E, the Dokken Engineering Team will conduct a site visit to walk through the construction of the project with the 90% plans in hand. During this visit, the team will address any constructability issues and look for items that require additional detail to stake orcon struct. The City will be invited to attend this site visit. The 100% submittal will include a letter addressing comments from the 90% submittal, the revised PS &E and the plan set containing the 90% review comments. The 100% submittal will include a letter addressing comments from the 90% plan submittal, the City's original comments (red -lined plans) and revised PS &E Deliverables - Task 5.2 .5 100% PS &E Task 5.2.6 Utility Letter "C" Plans Dokken Engineering will prepare draft transmittal letters to affected utility owners for City review and approval prior to transmitting "C" Plans to utility owners. The base plans will be clearly marked "C" Plans and the transmittal letter will clearly identify this project as a City of Newport Beach project. Two sets of 100% plans will be provided to each utility owner as an attachment to the transmittal letter. The letter will indicate to the utility owners that these are final plans and an explanation of changes since the "B" Plans will be provided. A written confirmation of the utility relocations (or schedule to relocate) will be requested from the utility companies. Dokken Engineering staff will also assist the City in preparation of utility agreements for relocation. In the event any delays occur or the utility companies require City input, Dokken Engineering will notify the City, in writing, of the circumstance. Deliverables - Task 5.2.6 • Transmittal Letters • "C" Plans • Preparation of Utility Agreements Page 14 SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges City of Newport Beach TASK 6.0 BIDDING ASSISTANCE Dokken Engineering will provide assistance, as required, to the City during bidding of the project. This work may include answering questions from prospective bidders, preparation of addenda to the PS &E during the advertisement period, and providing consultation and interpretation of the construction documents TASK 7.0 CONSTRUCTION ASSISTANCE Dokken Engineering will provide engineering assistance to the City during the construction of the project. Construction assistance services will include: • Attend pre- constructlon meeting • Review and approve all required submittals and shop drawings • Provide on -going consultation and interpretation of contract documents, as requested • Review and comment on contract change orders • Prepare plan revisions as necessitated by contract change order • Site visits, as needed • Prepare as -built drawings TASK 8.0 CONSTRUCTION MANAGEMENT (OPTIONAL) Dokken Engineering is available to provide full construction management services to the City, including: Quality Assurance inspection, materials testing, independent assurance testing, field surveying and construction staking, maintenance of project files, project scheduling, claims handling, contractor progress payment, environmental monitoring, coordination with regulatory agencies, labor compliance, and public coordination. TASK 9.0 GRAND CANAL BRIDGE DESIGN (OPTIONAL) Dokken Engineering is available to provide full environmental, geotechnical, and design services for the retrofit or replacement of the Grand Canal Bridge. The scope of work will be similar to the scope described above. Page 15 ..L ����I�l�����IIII��IIIIIIII�IIIIIIIIIIIIIIIIIlI m F-1-73, .. r� - -1 . J .71 .. T. k 16`3 try �T[ :1Y V III IIIIIIillll -' 'lllllllldl WIN llmmm 111111111111111 ®IIIIII 11111H 1111111111 HIMUM gill I 11111111 11 ®111111 1 11111111111 HIM I I m I I I luluml r����ll���° �Ia1����11��19I1I�i��lu�bN���lu� 51011111 "1 1111,113 1 Sol Small E1111PNOMMS .11 [mill I IN 111111111111119 ..... ..... DEPARTMENT OF TRAI AUDITS AND INVESTIGATIONS 1304 O Street, Second Floor P.O. BOX 942874 SACRAMENTO. CA 94274 -0001 PHONE (916) 323-7111 FAX (916) 323 -7123 October 7, 2004 Lloyd Dalton City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 VD HOUSING AGENCY Amid SehwarzeneQer Corenwr ATION 0 Subject: Reduced Scope Evaluation — Dokken Engineering File: P1300 -0732 Dear Mr. Dalton: OLPCT 14 2004 (;Nt'UrEr,�li�rnrtl�a i � )rKP�tutsElcl- ;1 R'- performed a reduced scope review of the draft Agreement No. BRLZ515(015) between City ofNeHport Beach and Dokken Engineering. Based on this reduced scope review, we determined tl ::at a preaward evaluation is not required. However, our review indicated the following deficiencies in the proposed agreement: • There is no provision giving the State audit access. There is no provision for the contractor to 161low CFR 48, Chapter 4 Part 31 and CFk 49, Part 18. Please forward a copy of the executed agreement and other pertinent documents to Audits and Investigations. If you have any questions, please do not hesitate to contact Bob Storelli, Audit Manager, at (916) 323 -7877 or myself at (916) 323 -7105. AURA F. TWOMEY Chief, External Audits c: Local Assistance Engineer, District 12 City of Newport Beach BUDGET AMENDMENT 2004 -05 EFFECT r–V-1 ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues from unappropriated fund balance X Description SOURCE: X X EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 021 AMOUNT: $254,500.00 AX Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations for Bridge Seismic Retrofit Project partially funded by the Federal Highway Bridge Replacement & Rehabilitation program and by Gas Tax. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 180 3605 Gas Tax Fund Balance 250 3605 Contributions Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description 250 4880 Federal Highway Funds EXPENDITURE APPROPRIATIONS (3603) Signed Signed Signed: Approval: Administrative Services Director Manager City Council Approval: City Clerk Amount Debit Credit $14,500.00 $240,000.00 ` Automatic $63,853.00 $14,500.00 $176,147.00 Date /Date/ c Date Description Division Number 7181 Gas Tax Account Number C5100695 Bridge Seismic Retrofit Division Number 7251 Contributions Account Number C5100695 Bridge Seismic Retrofit Division Number Account Number Division Number Account Number Signed Signed Signed: Approval: Administrative Services Director Manager City Council Approval: City Clerk Amount Debit Credit $14,500.00 $240,000.00 ` Automatic $63,853.00 $14,500.00 $176,147.00 Date /Date/ c Date