HomeMy WebLinkAbout16 - Lower Sunset View Park Conceptual Design – Approval of PSA (15T09)16-1
NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
April 26, 2016
Agenda Item No. 16
ABSTRACT:
The City desires to develop a Concept Plan to guide the future design, permitting and
construction of Lower Sunset View Park. Professional Engineering, Landscape Architecture
and related consultant services are needed to develop and complete the conceptual design
for Lower Sunset View Park.
RECOMMENDATION:
Approve a Professional Services Agreement with T.Y. Lin International of Irvine, California,
for the Lower Sunset View Park project at a not-to-exceed price of $429,995.00, and
authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this service. Project cost will be
expensed to the General Fund ($279,995.00) and Major Facilities Financing Plan
($150,000.00) accounts in the Public Works Department, 01001927-980000 and 56201-
980000, respectively.
DISCUSSION:
As part of the Fiscal Year 15/16 Capital Improvement Program, staff will begin conceptual
design efforts for the Lower Sunset View Park project. This project involves review, public
outreach, development and approval of a Concept Design Plan for the undeveloped lower
area of Sunset View Park on the northeast corner of Pacific Coast Highway (PCH) and
Superior Avenue. Elements of the Concept Design Plan may include the construction of
pedestrian/cyclist bridges over Superior Avenue and PCH, a new dog park and/or other
community park amenities, a bicycle node and related amenities, possible transit connection
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY:Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov
PHONE:949-644-3315
TITLE:Lower Sunset View Park Conceptual Design – Approval of
Professional Services Agreement with T.Y. Lin International (15T09)
Lower Sunset View Park Conceptual Design – Approval of Professional Services Agreement
with T.Y. Lin International (15T09)
April 26, 2016
Page 2
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features such as Park & Ride spaces, and additional parking to serve the park(s), beach and
surrounding areas.
This project is included in the current Facility Financing Plan (FFP) and is being developed in
an effort to add additional park and recreation amenities to the West Newport Area.
The intersection on PCH and Superior has capacity constraints including high vehicle
pedestrians and bicycles through the intersection. The design is proposed to reduce traffic
delay and vehicle emissions, and improve safety and access to both Sunset Ridge Park and
Sunset View Park. The existing steep terrain along Superior Avenue also makes this location
ideal for pedestrian/bicycle bridges. Depending on the location of the pedestrian/bicycle
bridges, two or three at-grade crosswalks may be eliminated at this intersection.
The Park, Beaches and Recreation Commission has received a large number of requests for
additional dog park facilities in the City. After undertaking a review and public discussion of
the item in March 2015, it was determined that the undeveloped lower portion of Sunset View
Park would be the number one choice for a new dog park.
Associated with the high volume of bicyclists that pass through the area or stage at the
existing parking lot, as well as the three bus lines that run by this location, some form of
bicycle node and a Park & Ride facility could be explored and possibly incorporated into the
site design. The conceptual design may include additional public parking to support future
park uses, beach demand, and possibly Sunset Ridge Park (via a bridge if approved).
On November 3, 2015, staff requested proposals from the following five firms to provide
professional engineering and architectural services to complete the conceptual design for
Lower Sunset View Park:
1. T.Y. Lin International
2. Michael Baker International
3. HNTB
4. HDR
5. Kimley Horn
After a pre-proposal meeting and follow-up phone calls, only one proposal was received from
T.Y. Lin International. Upon review of the proposal and several phone conferences with
representatives from T.Y. Lin International, staff determined that T.Y. Lin International and
their consultant project team has the qualifications, project understanding and expertise to
complete the scope of services. A summary of the scope of services is provided below:
Organize and chair meetings and conference calls with project team;
Complete final design level topographic survey and base mapping;
Complete ALTA site survey for all affected parcels;
Complete preliminary geotechnical analysis;
Lower Sunset View Park Conceptual Design – Approval of Professional Services Agreement
with T.Y. Lin International (15T09)
April 26, 2016
Page 3
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Develop three (3) conceptual designs for the pedestrian/bicycle bridge, parking
lot/structure and dog park. Conceptual designs will address structural, architectural,
landscaping and other aesthetic features;
Present conceptual designs to City Council, Parks, Beaches and Recreation
Committee, and the community, and recommend the preferred design;
Complete preliminary environmental evaluation;
Develop 15 percent level planning documents; and
Develop 30 percent level construction documents and cost estimates.
Staff recommends approving a Professional Services Agreement with T.Y. Lin International to
complete the scope of services listed above, which is further described in the consultant’s
scope of work. The proposed not-to-exceed engineering and architectural services fee is
$429,995.00. During the development of the conceptual designs, the project team may
determine that some of the tasks as identified in the scope of work are not needed. For
example, at the conclusion of the 15 percent level planning documents, there may be one
clear preferred alternative. In which case, staff would recommend proceeding to the 30
percent level construction documents with only one conceptual design as oppose to two as
included with the scope of work.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – Location Map
Attachment B – Potential Dog Parks – Ad Hoc Committee Update
Attachment C – Professional Services Agreement
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=CITY OF===========
NEWPORT B,EACH
PB&R Commission Staff Report
TO:
FROM:
SUBMITTED BY:
TITLE: .,
Parks, Beaches & Recreation Commission
Recreation & Senior Services Department
Laura Detweiler, Rec & Sr Services Director
949-644-3157 , LDetweiler@newportbeachca .gov
Jonathan Harmon , Recreation Supervisor
Potential Dog Parks -Ad Hoc Committee Update
Item No . 6D
March 3, 2015
RECOMMENDATION:
1 . Review and approve the Dog Park Ad Hoc Committee's list of potential dog parks by
priority.
2. Recommend funding be secured in the FY 2015/16 CIP budget to conduct a study of
Priority #1 (West Newport Beach) Lower Sunset View Park undeveloped property as
a potential dog park.
BACKGROUND:
On December 2 , 2014 , the PB&R Commission appointed Commissioners Hayes and
Howald to serve with Director Detweiler, Deputy Director Levin, and Supervisor Harmon
on the Ad Hoc Dog Park Committee. The Ad Hoc Dog Park Committee was established
to assist in the review of potential sites for additional dog parks within the City.
DISCUSSION:
On December 18, 2014, the Ad Hoc Dog Park Committee toured and discussed
potential dog park sites . Based on the site tours a priority list (see attached) and brief
descriptions are provided:
Order of Priority Location Description
1 West Newport Lower Sunset View Park
undevelogedpropertv
2 Lower Castaways Temporary and potentially part of
the park plan to replace the turf
area currently in the concept plan
3 Bonita Canyon Sports Park City owned landscaped area
adjacent to the parking lot Field 6
4 AT & T Property Building next to BCSP 6, requires
_2_urchase of _2ropertv
16-6
Potential Dog Parks-Ad Hoc Committee Update
March 03, 2015
Page2
The Ad Hoc Committee took into consideration a variety of factors in determining
locations and priority. Those included, a location in West Newport since a dog park
already exists in East Newport Beach, property owned by the City versus having to
purchase land to minimize costs, adequate parking and space to accommodate a dog
park. The Lower Sunset View Park undeveloped property was far superior to the other
locations due it being away from homes and other competing interests, nearby parking,
adequate space, provision of a dog park on the west side of town and spectacular views
of the pacific ocean.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the PB&R Commission considers the item). Residents within 500 feet of
all four proposed locations were notified by direct mailer of this agenda item. i~
Attachment-Priority Maps
16-7
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ATTACHMENT C
16-11
PROFESSIONAL SERVICES AGREEMENT
WITH T.V. LIN INTERNATIONAL FOR
LOWER SUNSET VIEW PARK CONCEPT DESIGN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 26th day of April, 2016 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and T.Y. LIN INTERNATIONAL, a California corporation ("Consultant"), whose
address is 404 Camino del Rio South, Suite 700, San Diego, California 92108, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide preliminary engineering services for
the development of conceptual plans for Lower Sunset View Park ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
16-12
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (1 0) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand-delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not-to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Four
Hundred Twenty Nine Thousand Nine Hundred Ninety Five Dollars and 00/100
($429,995.00), without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of
City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
T.Y. Lin International Page 2
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not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Robert Barton, P.E. to be
its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non-key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
superv1s1on. 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
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
T.Y. Lin International Page 3
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conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 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, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties), from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
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civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint-venture or syndicate or co-tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
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power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 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;
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(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As-Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to Consultant or contractor bids or actual cost to City.
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 expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
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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.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
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.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the prov1s1ons of the
California Political Reform Act of 197 4 (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.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
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26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
1 00 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
27. CLAIMS
Attn: Robert Barton, P.E.
T.Y. Lin International
404 Camino del Rio South, Suite 700
San Diego, CA 92108
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
T.Y. Lin International Page 9
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such default, and thereafter diligently take steps to cure the default, the non-defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
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. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing
rate of per diem wages including legal holidays and overtime Work for each craft or type
of workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the
Work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the Agreement. A copy of said determination is available by calling
the prevailing wage hotline number (415) 703-4774, and requesting one from the
Department of Industrial Relations. The Contractor is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site the
prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation
thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
T.Y. Lin International Page 10
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breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
T.Y. Lin International Page 11
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IN W ITNESS WHEREOF , the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT~RNEY'S OFFICE
Date: /f51/6
I
By:~ A~~~
City Attorney P<
ATTEST:
Date: --------
By: _____________ _
Le ilani I. Brown
C ity Clerk
CITY OF NEWPORT BEACH ,
a California municipal corporation
Date :. ________ _
By: _____________ _
Diane B. Dixon
Mayor
CONSULTANT: T.Y. Lin International , a
California corporation
Date: ----------
By: _____________ _
F.R. Clark Fernon
Vice President
Date : ---------
By: _____________ _
Veronica Fenn ie
Chief Accounting Officer
[END OF SIGNATURES]
Att achments: Exhibit A -Scope of Services
Exhibit B-Schedule of Billing Rates
Exh ibit C-Insurance Requirements
T.Y. Lin International Page 12
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EXHIBIT A
SCOPE OF SERVICES
T.Y. Lin International Page A-1
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EXHIBIT A
SCOPE OF WORK
Applicable Standards
All work process and products subject to this Agreement shall be completed in accordance with
the most recent version of the applicable codes for the planning level documents. In addition, the
project shall conform to the following design and environmental standards:
• City of Newport Beach Standards and Specifications
• Caltrans 2015 Standard Plans and Specifications
• Caltrans Highway Design Manual
• Caltrans Memos to Designers
• Caltrans Seismic Design Criteria
• AASHTO LRFD Standard Specifications for Highway Bridges, 6th Edition, with California
amendments
• AASHTO A Policy on Geometric Design of Highways and Streets, 2004 Edition
• California Environmental Quality Act (California Public Resources Code§ 21000 et. Seq.)
• ASTM E1527 Standard Practice for Environmental Site Assessments: Phase 1
Environmental Site Assessment Process
Deliverables
All work products are subject to review and approval by the City of Newport Beach (City). The
Consultant shall provide the City with sufficient time and opportunity to review and comment on
all deliverables prior to final publishing and/or submittal. As such, all deliverables shall be
provided to the City in draft and final versions.
Unless otherwise noted herein, the Consultant shall provide: draft submittals to the City in an
acceptable digital format and all final documents in both paper and digital (both PDF and native)
formats.
Work Plan
Following is a complete work breakdown for the preliminary engineering phase of the project.
The following conventions are noted. Where the subject is implied, it shall be assumed to refer to
the Consultant. Use of the word, "City", shall refer to the City of Newport Beach.
1.1 PROJECT MANAGEMENT, SCHEDULES, AND ADMINISTRATION
The Consultant shall maintain frequent contact with the City, team members, and stakeholders (if
needed), to keep the lines of communication open and to facilitate and ensure successful project
delivery. The Consultant shall:
• Establish and implement a project documenUcorrespondence management and distribution
system to assure that information flows between all parties of the project as intended.
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• Communicate regularly with City using telephone, email, written correspondence, and face-
to-face meetings as further described in Section 1.2 below.
• Develop a Project Work Plan (PWP), including goals and objectives, staff organization,
scope, budget, project number identifiers, and develop communication and project
management control plans.
• Maintain a project contact list with names and contact information for all interested parties.
• Develop and maintain a project document retention system. Said system shall catalog and
retain all significant project correspondence and work products in their native format.
Project Schedule
To identify and manage the project critical path, the Consultant shall prepare a detailed Project
Schedule based on a work breakdown structure (WBS) that will include all tasks of all parties
involved in the project and will take into account agency staff review time. The schedule shall
include the following information:
• Task dependencies as predecessors and successors
• Anticipated task durations with beginning and end dates
• Critical path with milestones
• Responsibility and accountability assignments
The Consultant shall routinely update the schedule to manage/monitor work progress as the
project progresses. A draft schedule shall be submitted to the City for review and comments.
After acceptance by the City, the approved schedule shall be retained as the baseline. Updates
shall be provided to the City on a monthly basis.
To keep the project on schedule, the Consultant shall clearly communicate task durations and
deadlines to the project team, obtain buy-in from stakeholders regarding review durations, and
keep a strong focus on critical path items. The Consultant shall routinely monitor and update
the schedule to track critical tasks and prioritize the Consultant's work effort to ensure that the
key milestones are met.
Deliverable(s): Project Schedule (baseline and monthly thereafter)
Project Administration
The Consultant shall monitor and control the effort and progress of the work as follows:
• Set up project accounting system: The Consultant shall structure the accounting
system in accordance with the City's invoicing and tracking needs.
• Prepare subconsultant agreements: The Consultant shall execute contracts with
the proposed subconsultants for the scope of services described herein.
• Monitor subconsultant progress and review/approve invoices: The
Consultant shall track the work progress of the proposed subconsultants and review
their invoices for format and content compliance.
• Prepare monthly progress reports and client invoices: During the term of the
Agreement, the Consultant shall be responsible for reporting progress to the City on a
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regular basis and as necessary to keep the project schedule up to date and ensure
the project team is in concurrence. Consultant shall submit a monthly progress report
to accompany invoices. The reports will include a narrative on work accomplished
during the reporting period; work planned for the next reporting period;
information/decisions required to maintain the project schedule and complete
deliverables; decisions needed that may affect the schedule, budget, and anticipated
work items; recommendations to resolve issues; and, budget status.
Deliverable(s): Monthly Progress Reports
1.2 MEETINGS
The Consultant shall organize, schedule, and chair meetings and conference calls as necessary
to provide progress updates, coordinate between technical disciplines, and facilitate overall
project communication. For each meeting, the Consultant shall prepare meeting agendas and
minutes for all meetings. The agendas will be submitted to the City for review two (2) working
days prior to the meeting. The minutes shall be distributed to all attendees within five (5) working
days after the meeting. The minutes shall include, but not be limited to, a list of attendees with
phone numbers and email, a synopsis of discussion items, any pertinent information, action
items, and follow-up to action items. The following meetings are anticipated for this project.
1.2.1 Pre-Design Meeting
At the start of the project, the Consultant shall organize a pre-design meeting/kick-off field
meeting with all key personnel on the project. The purpose of this meeting will be to review the
goals and objectives of the project, discuss each team member's roles and responsibilities,
identify critical project issues and obtain consensus on task durations, particularly reviews. The
pre-design meeting will help to ensure that everyone on the project team is on the same page
and functioning with the same understanding regarding project delivery and execution. Part of
the meeting will be held in the field to facilitate consensus on the improvement approach at the
bridge site.
1.2.2 City Council Meetings
The Consultant shall prepare for and attend up to two (2) City Council Meetings. Consultant
shall prepare all necessary exhibits and PowerPoint slides for the presentations.
1.2.3 Parks, Beaches, and Recreation (PB&R) Meetings
The Consultant shall prepare for and attend up to two (2) PB&R Commission Meetings.
Consultant shall prepare all necessary exhibits and PowerPoint slides for the presentations.
1.2.4 Project Design Meetings
The Project Design Conference Calls will serve as the primary forum for reviewing the status of
the project and identifying and resolving project issues. Attendees will include the Consultant's
Project Manager, Consultant task leads as needed, City staff, and other stakeholders as
necessary.
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Throughout the anticipated duration of the project design phase, the Consultant shall facilitate
and attend regularly scheduled Project Design conference calls based on the following
schedule:
• From project initiation through completion of concept studies maximum of ten (1 0)
teleconferences. Meetings Agendas, Minutes, and Action Items will be provided.
• Conference calls will be supplemented by five (5) design development face-to-face
meetings between T.Y. Lin International and the City.
1.2.5 Community Outreach Meetings
The Consultant shall attend up to three (3) Community Outreach Meetings. The Consultant
shall present conceptual plans to various community groups as scheduled and facilitated by the
City.
Deliverable(s):
• Meeting Notices
• Agendas
• Special Exhibits
• Minutes
1.3 QUALITY ASSURANCE/QUALITY CONTROL (QA/QC)
The Consultant shall establish and implement a QC process to ensure that all deliverables are
complete and accurate, including but not limited to, ensuring that deliverables, exhibits, and
plans are checked, corrected, and back-checked. The Consultant shall review subconsultant
submittals, including technical reports, to ensure that appropriate background information, study
methodology, interpretation of data, format and content are completed in accordance with the
scope of work. Transmittals for all deliverables shall include the name(s) and contact information
of the person(s) involved in ensuring quality deliverables.
Deliverable(s): Document Transmittals with QC reviewer contact information
2.1-2.2 ENVIRONMENTAL SUPPORT
The Consultant will visit the project study area and will provide a recommendation on the
appropriate level of environmental documentation and technical studies that would be necessary
to scope the project in future phases. The consultant will identify permit requirements that would
need to be obtained from Caltrans, California Coastal Commission, and other regulatory agency.
The information will be summarized in a memorandum and used to support the project and will
provide input to the design schedule for all environmental milestones. Preparation of the
Environmental Document is not included in this scope of work, as outlined in the RFP.
Deliverable(s):
• Memorandum identifying type of Environmental Document, and includeCEQA Initial
Study Checklist.List of Necessary permit requirements
• Schedule for environmental milestones
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2.3 HAZARDOUS WASTE PHASE 1 ENVIRONMENTAL SITE ASSESSMENT (ESA}
The Consultant shall prepare a Phase 1 ESA records search and Initial Site Assessment (ISA)
Checklist to identify documented hazardous waste sites located within the project study area for
each bridge site, as well as facilities located within their respective project study areas that store,
transfer, or utilize hazardous materials. The Phase 1 Initial Site Assessment (ISA) Checklist will
be conducted in general conformance with Caltrans Preparation Guidelines for Initial Site
Assessment Checklist for Hazardous Waste and the American Society for Testing and Materials
(ASTM) Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site
Assessment Process, ASTM E1527-05, The ISA Checklist is a guide for district screening and
assessment of projects for potential hazardous waste involvement. The following scope of work
will be conducted:
• A review of readily available documents which include topographic maps, geologic
maps, and hydrogeological conditions associated with the subject site.
• A review of readily available maps, aerial photographs and other documents relative
to historical subject site usage and development.
• A review of readily available federal, state, county, and city documents, and database
files concerning hazardous material storage, generation and disposal, active and
inactive landfills, and associated permits related to the subject property and/or
immediately adjacent sites.
• A site reconnaissance to observe current conditions of the subject property.
• Determination of need for sampling of roadway striping to determine the presence of
lead, and review of Aerially Deposited Lead (ADL) studies or the determination if an
ADL study will be required.
• The ISA Checklist is a guide for the Initial Site Assessment Report, but does not take
the place of an ISA Report/Memorandum; however, can provide a simple
determination of 'Yes' or 'No' if findings that would indicate a known or potential
hazardous waste problem is within or near the proposed project.
• Initial Site Assessment is Caltrans Department terminology for the industry standard
Phase 1 Environmental Site Assessment.
The Consultant will conduct an agency records search to identify all hazardous waste sites
located within the project study areas and classified as a hazardous waste site under current
state and federal guidelines. The Consultant will also conduct a visual survey of the project area
to identify any obvious area of hazardous waste contamination, obtaining rights of entry to
observe areas which require temporary or permanent right-of-way impacts to construct the
proposed bridge replacement. A draft ISA Checklist will be prepared and submitted for review
and comment.
Deliverable(s):
• ESA (ISA) Checklist
• Results of the investigation summarized in a written report presenting findings and
conclusions
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3.1 SURVEYS AND TOPOGRAPHIC MAPPING
3.1.1 Perform Aerial Survey and Prepare Base Map
Survey Limits
Aerial Mapping will be obtained at a scale of 1 "=40' with 1-foot contours for the entire project
limits shown on the bottom right. Aerial control will be tied horizontally into the North American
Datum of 1983 (NAD83) and vertically to the local Orange County Benchmark (OCBM) nearest
the project site. The planimetric aerial mapping will be prepared in conformance with National
Map Accuracy Standards. Horizontal and vertical aerial control panels will be set to meet aerial
triangulation requirements.
David Evans and Associates, Inc. (DEA) will research horizontal, vertical, and land net control
information available from the City and the National Geodetic Survey (NGS). Research will
include recorded control maps, right-of-way maps, records of survey, corner records, and other
official maps of record. Locate control points of record and set horizontal and vertical control
points for project mapping in accordance with City horizontal and vertical control requirements.
All surveying and mapping shall be in compliance with the provisions of the Professional Land
Surveyors Act, Sections 8700 to 8805 Business and Professions Code, the provisions of the
California Coordinate System, Sections 8801 to 8819 of the Public Resources Code, and any
other applicable code in the State of California. The vertical datum shall be based on the North
American Vertical Datum of 1988 (NAVD 88), or otherwise approved by the City.
Established survey control points shall be documented on a "Survey Control Data Sheet" and
shall be semi-permanent in nature so as to serve as the control for construction of the project.
The Survey Control Data Sheet will provide a control diagram with existing and local control,
basis of bearings, and vertical control.
Deliverable(s):
• Survey Control Data Sheet
• Survey Control Point File in PNEZD comma delimited text file
Exclusion(s):
• Survey locations tie-in points for design alternatives.
• Survey locations of geotechnical borings.
• Survey locations of utility potholing investigations.
• Cross-sections that may be required in the final design phase
Topographic Surveys and Base Mapping
Topographic field surveys will be performed to verify the 40-scale aerial planimetric mapping
and other features obscured by vegetation or shadows. For the purposes of this proposal, two
(2) eight-hour field days have been allotted for this subtask.
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Deliverable(s):
• Aerial Mapping at a 40-scale with a 1-foot contour interval in AutoCAD 2015 format
• Supplemental Topographic Field Survey Data in AutoCAD 2015 format
• Survey Field Notes
3.1.2 Complete ALTA Site Surveys for all Affected Parcels
DEA will prepare an ALTA Survey, which will cover in conformance with the "2011 Minimum
Standard Detail Requirements for AL T A/ACSM Land Title Surveys, prepared and signed by a
Professional Land Surveyor. DEA will utilize a current title report and copies of the recorded
exceptions to title provided by the client, at no cost to DEA. The ALTA Survey will be certified
to the owner(s) as specified in the title report, the buyer(s) and the issuing title company. It is
important that upon authorized notice to proceed, that all names to whom this survey will be
certified to be provided. Should any changes to ownership or the certificate occur after delivery
of the ALTA Survey, then this proposal may be revised to reflect the same.
Being that the underlying city owned parcels are very large and cover more area than the RFP
designated "project area", only that portion of the red outlined area shown at right will be
included in the ALTA map which will cover Assessor Parcels Numbers 424-041-009,010, 011,
012, 013, and 424-042-002 & 003. No Table A (Optional Survey Responsibilities and
Specifications) have been requested at this time from the client. Therefore, the fee shown may
be revised upon receipt of said Table A items.
It is our understanding that the underlying parcels for the project area are owned by the City of
Newport Beach. As an alternative to preparing an ALTA Survey, perhaps a Record
Encumbrance Map should be considered in lieu of the ALTA Survey. A Record Encumbrance
Map will show many of the same features shown in an ALTA Map such as the underlying
parcel lines, right-of-way and centerlines, and record easements. When combined with the
aerial mapping being provided in Task 1 above, the information needed will be depicted
similarly. One exception is that typical ALTA Survey call-outs for potential encroachments
along the property will not be performed. This is not considered necessary unless the City is
planning to deed portions of the property.
Deliverable(s ):
• ALTA Survey Map at 40-scale
3.2 GEOTECHNICAL ENGINEERING
3.2.1 Design Field Review and Phase I Soils and Geotechnical Investigation
Earth Mechanics, Inc. (EMI) will perform a general review of the geologic conditions of the
proposed improvement area by reviewing available geologic and geotechnical literature
pertaining to the project site. This will include a review of reports and geologic maps prepared
by the California Geological Survey, the US Geological Survey, and other government agencies.
EMI will also review as-built plans pertaining to the nearby Newport Boulevard over West Coast
Highway, if available.
Site Visit
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A geologic/geotechnical site reconnaissance by a California Certified Engineering Geologist
and/or a California Registered Geotechnical Engineer will also be performed of the proposed
improvement areas to observe and check for geologic conditions and features that could
impact design, construction and cost of the proposed improvements.
Geotechnical Analyses
Results obtained from the site visit and geotechnical literature review will be used to establish
assumed soil profiles and soil strength parameters for the development of foundation
alternatives for the pedestrian bridge and parking structure. Preliminary recommendations for
the pedestrian bridge will be based on AASHTO LRFD Bridge Design Specifications (201 0)
with Caltrans amendments. Preliminary seismic design recommendations for the bridge will be
developed following the Caltrans Seismic Design Criteria (SOC, 201 0). Preliminary foundation
and seismic recommendations for the parking structure will be based on the California Building
Code (2013) and the American Society of Civil Engineers (ASCE) 7-10 (July 2013 errata)
Minimum Design Loads for Buildings and Other Structures, ASCE Standard 7.
3.2.2 Preliminary Geotechnical Reports (Bridge, Garage, and Park)
EMI will prepare a single Preliminary Geotechnical Report (PGR) for the proposed project
improvements. The PGR will include the following:
• Discussion of geologic hazards affecting the proposed project improvements
• Discussion of known groundwater as encountered in the geotechnical records review
and potential impacts on design and construction of proposed improvements
• Seismic Design Criteria for the pedestrian bridge and parking structure
• Results of the preliminary liquefaction and potential seismic settlement analysis
• Discussion of suitable foundation alternatives for the pedestrian bridge
• Preliminary foundation recommendations for the pedestrian bridge and parking
structure for cost estimating purposes
• Preliminary ground improvement recommendations for the parking structure, if
necessary
Deliverable(s):
• Preliminary Geotechnical Report
3.3 UTILITY COORDINATION
Consultant will perform utility coordination for this project. To verify the existence and location of
existing utilities in the project area, the Consultant shall send a Utility 'A' Package to all utility
companies serving the project area. The Utility 'A' Package will consist of the following materials:
• A vicinity map capturing the boundaries of all potential construction work
• A base plan showing project limits, existing survey, centerlines, rights-of-way, and
other pertinent survey information such as poles and utility boxes.
• A letter on City letterhead requesting that each utility owner:
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• Mark their facilities on the base plans
• Provide the name for the utility representative and contact information
• Provide as-built or record information of the location, size, and depth of each utility
company's facilities within the study boundaries
• Information regarding prior rights and planned utility construction that might affect the
project also will be requested
Based on the information collected, the Consultant shall prepare a utility base map for use in
identifying utility conflicts with the proposed improvements.
Deliverable(s):
• Utility 'A' Package
• Utility Base Map
Task 4.0-Concept Plans
Through the Project Design Meetings, the City and Consultant team will establish site
constraints, opportunities, and areas of further investigation to guide the concept development.
Guidance may be provided from existing studies, input from the City Council, PB&R, and
community meetings, as directed by the City. The Consultant shall develop a maximum of three
(3) alternative concept designs for consideration based on the information available and the
guidance discussed previously.
After review of the concept designs, the City may choose up to two (2) final concepts for further
study and presentation. The Consultant will create a three dimensional model of the final
concepts for presentation. The Consultant shall produce high-quality 30 color renderings of the
final concepts and mount on poster boards for presentation and discuss at various City and
community meetings.
4.1 PEDESTRIAN/BICYCLE BRIDGE/STRIPING MODIFICATIONS
4.1.1 15% Planning Concepts
The Consultant will prepare three (3) preliminary concept plans for the Sunset Ridge
Pedestrian/Bicycle Bridge which will be coordinated with other design elements, such as the
dog park and parking structure.
These plans will be developed from digital topographic data provided to the team by others.
Plans will be prepared at a scale of 1 "=20' to depict the design intent.
Deliverable(s): 15% Planning Concepts
4.1.2 15% Planning Concept Cost Estimates
The Consultant will provide an estimate of probable construction costs for the proposed
Pedestrian/Bicycle Overcrossing and Roadway Striping modifications. Up to three (3) separate
estimates will be prepared for each of the concepts noted above. A line item estimate will be
prepared for use as a guide in the final determination of items to be constructed.
9JPage
16-33
Deliverable(s): 15% Planning Concept Cost Estimate
4.1.3 30% Alternatives (2)
After review of the concept designs, the City will choose two (2) final concepts for further study
and presentation. Based on comments from the Community and City Council Meetings, TYLI
will revise up to two (2) concept plans (from the original three concepts). These plans will be
provided in 3D color renderings for presentation purposes.
Type Selection Foundation Technical Memorandum
A Type Selection Foundation Technical Memorandum will be prepared for the bridge site to aid
in determining the proposed bridge foundation type based upon final span length,
environmental constraints, and anticipated construction sequencing. This technical
memorandum will provide preliminary foundation types, construction considerations, and cost
data. This study will be based upon existing data and no field sampling is anticipated.
Deliverable(s): Type Selection Foundation Technical Memorandum
Roadway Engineering
The Consultant will develop exhibits for the two (2) "build" alternatives. These exhibits will
include aerial imaging, topographic mapping, preliminary alignment and profile information, as
well as key-typical cross-sections. This information will be developed in concert with the PDT
and will serve as the vehicle for determining the locally preferred alternative.
Deliverable(s): Alternative Development and Exhibits
Bridge Type Selection Report
The Consultant shall develop advance planning studies (APS) for the bridge to document
scope and cost of the bridge work. The APS will consist of one plan sheet for each alternative
showing the basic structure layout, details, and cost estimate in accordance with the Caltrans
Memo to Designers Manual. The alternatives will be coordinated with the preliminary roadway
design to ensure the most feasible alternatives are considered that addresses project issues
and constraints.
Upon approval by the City of the preferred alternative, the Consultant shall develop a Draft
General Plan for the preferred alternative. The Draft General Plan, as well as the supporting
documentation for the selection of the alternative, will be compiled into a Draft Type Selection
Report that conforms with Caltrans Memos to Designers. The Draft Type Selection Report will be
submitted to the City. The Preliminary Foundation Report will be included with the submittal of the
Draft Type Selection Report.
Based on the comments received, the Consultant will finalize the General Plan and the Type
Selection Report
Deliverable(s): Advance Planning Studies, Aesthetics Study, and Type Selection Report with
General Plan
10 I Page
16-34
4.1.4 30% Cost Estimates
The Consultant shall prepare an Engineers Estimate of construction costs, based on
approximated quantity takeoffs and current unit prices. A reasonable upward adjustment will be
applied to all bid quantities that may vary during construction to allow for any necessary design
adjustments. The estimate will be prepared according to the standard Caltrans estimating
system format. Quantities for all contract items, including cost of lump sum items, will be
substantiated by calculations.
The APS-Ievel estimates are based on approximate quantities using tables, square-foot
factors, and other guides published by Caltrans and the Consultant's experience with structures
of similar type and setting.
Deliverable(s): 30% Cost Estimates
4.2 PARKING GARAGE
4.2.1 15% Planning Concepts
The Consultant will establish the Design Criteria for the parking component to obtain a clear
understanding of the goals and objectives. The Design Criteria will typically include the
following:
• Maximum size of the site available for parking including any required setbacks or
height restrictions
• Number of parking spaces to be provided in the facility
• Location, number, and type of vehicular entries and exits based on input from the City
• Preliminary input and review by the regulatory agencies having jurisdiction over the
project
• Method of parking control to be incorporated within the parking facility
• Pedestrian access and egress requirements
Once the Design Criteria have been established, the Consultant will:
• Analyze site/property information including, but not be limited to: zoning requirements;
any setbacks that might be required; bearings and dimensions of property lines
surrounding the site; topographic information; physical characteristics of the site;
possible locations of bus stops; locations of pedestrian access and egress points; and
location, type, and size of existing utilities. Obtain preliminary input and review by the
regulatory agencies having jurisdiction over the project.
• Establish the preliminary location and layout of entry/exit driveways as they relate to
ease of ingress and egress of the project, potential queuing of traffic, general traffic
flow, and the number of entry/exit control lanes needed, based on input from the City.
• Apply parking standards established by the City of Newport Beach Planning and
Zoning Code. These standards consist of percentage of compact spaces allowed,
space width and length, adequate width of drive aisles, and appropriate turning
geometry to allow convenient parklunpark movements and vehicular circulation. The
lljPage
16-35
standards also establish maximum slope of entry/exit ramps, interior parking ramps
and driving ramps.
• Prepare up to three (3) conceptual parking solutions based on various circulation,
ramping and vertical-flow systems. Provide preliminary structural framing layout with
horizontal and vertical dimensioning, general parking layout, and turning geometry
with proper consideration given to user comfort and security. Establish parking layout
and quantity of spaces for persons with disabilities in conformance with California
Title 24 and the American with Disabilities (ADA) Act. Prepare a Parking Space and
Area Summary to aid in comparing each option. Present evaluation of all options to
the City with specific recommendations and/or comments on advantages and
disadvantages. Produce CADD drawings at an appropriate scale based on the project
base mapping.
Deliverable(s): 15% Planning Concepts
4.2.2 15% Planning Concept Cost Estimates
The Consultant will provide conceptual estimate of probable construction costs for the
proposed parking structure. Separate estimates will be prepared for each of the concepts noted
above.
Deliverable(s): 15% Planning Concept Cost Estimates
4.2.3 30% Design for Two (2) Alternatives
During this Phase, the Consultant will:
• Prepare 30% Design Drawings for two (2) alternatives, based on the selected
Conceptual Design, illustrating appropriate floor areas (size, shapes, and
arrangements), elevations, and sections and submit to City for review and approval.
• Prepare CADD drawings illustrating in greater detail than the Conceptual Design
Drawings, floor area relationships, layout of parking spaces, space and aisle
dimensions and ramp slopes. The Design Drawings shall include information covering
matters that will materially affect the cost of the project and the essential operational
requirements of the project, based on the approved Conceptual Design and all
modifications that the City may request.
• Make recommendations for directional and regulatory signage for vehicular traffic to
enter, search for available parking, and exit the parking structure.
Deliverable(s): 30% Alternative Plans
4.2.4 30% Cost Estimates
The Consultant will provide a line item estimate of probable construction costs for the proposed
parking structure. Separate estimates will be prepared for each of the Alternatives noted
above. Estimate will be prepared for use as a guide in the final selection of the Alternative.
Deliverable(s): 30% Alternative Cost Estimates
12 I P age
16-36
4.3 LANDSCAPE AND DOG PARK PLANS
4.3.1 15% Planning Concepts
DEA will prepare preliminary dog park concept plans for the area located between the parking
structure and upper Sunset View Park and will include amenities such as small and large dog
park areas, site amenities, and landscape improvements which provide a seamless transition
from the newly constructed, 13.7-acre active park site. These plans will be developed from
digital topographic data provided to our team by others. DEA will also perform a physical
assessment of the project area to determine the placement of elements which impact the
overall design including circulation, parking and the proposed pedestrian/bicycle bridge. Plans
will be prepared at a scale of 1"=20' to depict the design intent. Up to three (3) varying concept
plans will be prepared; however, minor modifications may be required based on access given
the number of conceptual plans prepared for the entire project which includes a
pedestrian/bicycle bridge and 180-stall parking structure to accommodate park visitors. Plans
will be prepared in color for presentation purposes (plan view only).
Deliverable(s): 15% Planning Concepts
4.3.2 15% Planning Concept Cost Estimates
DEA will provide an estimate of probable construction costs for the proposed dog park
improvements. Up to three (3) separate estimates will be prepared for each of the concepts
noted above. A, line item estimate will be prepared for use as a guide in the final determination
of items to be constructed.
Deliverable(s): 15% Planning Concept Cost Estimates
4.3.3 30% Alternatives
DEA will revise up to two (2) concept plans (from the original three concepts) based on input
received from the City and community. These plans will be provided in color for presentation
purposes (plan view only). Colored 3D visual simulations are not included at this time.
Deliverable(s): 30% Alternatives Plans
4.3.4 30% Cost Estimates
DEA will provide up to two (2) revised estimates of probable construction costs for the revised
conceptual dog park plans. A, line item estimate will be prepared for use as a guide in the final
determination of items to be constructed.
Deliverable(s): 30% Alternative Cost Estimates
ASSUMPTIONS
• This scope of work constitutes our current understanding of the project. Other tasks not
specifically addressed in this scope are excluded, but can be negotiated if desired. Certain
assumptions have been made in preparing the scope of work and schedule of billing rates.
To the extent possible, they are stated herein and are reflected in the schedule of billing
rates. If the actual total effort required is substantially different from that estimated, as based
13jPage
16-37
on our understanding of the project, the field investigations proposed, and the assumptions
presented herein, it is anticipated that Consultant and City will revise the scope, schedule,
and budget accordingly by way of an amendment to the agreement.
• Existing design drawings, "as-built" drawings, design plans, reports, and specifications for
planned, existing, adjacent and affected facilities will be made available to Consultant by City.
The Consultant and the City assume that the information provided on these documents is
accurate for the continuation of the design process, unless otherwise noted by City.
• Adequate utility and property records are available, and will be furnished by City or the utility
owner/operators. Consultant will rely upon such records without independent verification.
Consultant cannot be held liable for consequences arising from the discovery during
construction of undocumented or incorrectly located buried utilities.
• Application for, processing, payment of any fees associated with, and obtaining any
regulatory permits applicable for this project is excluded unless specifically included in
Consultant's scope and budget.
• Planning level construction cost estimates are budget level costs. In addition, appropriate
contingency should be added to reflect the preliminary nature of the design work.
14 I P age
16-38
EXHIBIT B
SCHEDULE OF BILLING RATES
T.Y. Lin International Page B-1
16-39
1'¥LININTERNATIONAL I
SCHEDULE OF FEES
ENGINEERING
Senior Principal Engineer ..................................................................................................................... $275.00
Principal Engineer ................................................................................................................................ $260.00
Supervising Engineer ............................................................................................................................ $220.00
Senior Engineer II .................................................................................................................................. $200.00
Senior Engineer l .................................................................................................................................... $165.00
Engineer II. .............................................................................................................................................. $150.00
Engineer I ................................................................................................................................................ $138.00
Assistant Engineer ................................................................................................................................. $128.00
Civil Engineer ......................................................................................................................................... $118.00
Design Technician III ............................................................................................................................. $145.00
Design Technician II .............................................................................................................................. $115.00
Design Technician I ................................................................................................................................. $81.00
Engineering Intern ................................................................................................................................... $60.00
ARCHITECTURAL
Senior Architect ...................................................................................................................................... $200.00
Architect II .............................................................................................................................................. $150.00
Architect I ................................................................................................................................................ $118.00
ENVIRONMENTAL
Environmental Services Manager ....................................................................................................... $180.00
CONSTRUCTION
Principal Construction Engineer ......................................................................................................... $260.00
Senior Construction Engineer II ........................................................................................................... $185.00
Senior Construction Engineer I ............................................................................................................ $160.00
Construction Engineer .......................................................................................................................... $140.00
Assistant Construction Engineer/Inspector ....................................................................................... $120.00
ADMINISTRATION
Project Accountant... .............................................................................................................................. $110.00
Administrative ......................................................................................................................................... $60.00
Vehicle Mileage ................................................................................................................................ $0.60 /mile
Construction Engineers/Inspectors are provided with trucks equipped with rotating amber safety beacons and
toolboxes containing the necessary hand tools required during construction inspections. Specialty equipment, if
required, may be billed separately upon mutual agreement of the Parties.
Hourly charges include provision for normal office overhead costs, such as office rental, utilities, insurance, clerical
services, equipment, normal supplies and materials, and in-house reproduction services. Other expenses such as
special consultants or purchased outside services will be billed at cost plus 10 percent.
16-40
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16-47
EXHIBIT C
INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A-(or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1 ,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1 ,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
T.Y. Lin International Page C-1
16-48
Agreement, including coverage for any owned, hired, non-owned or rented
vehicles, in an amount not less than one million dollars ($1 ,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1 ,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(1 0) calendar days notice is required) or non renewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
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A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non-Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
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G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's 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.
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