HomeMy WebLinkAbout09 - Old Newport Boulevard and West Coast Highway Modifications - AmendmentQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
June 23, 2020
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Patrick Arciniega, Senior Civil Engineer,
parciniega@newportbeachca.gov
PHONE: 949-644-3347
TITLE: Old Newport Boulevard and West Coast Highway Modifications —
Amendment No. Five to Professional Services Agreement with
Kreuzer Consulting Group (Contract No. 5244)
ABSTRACT:
Staff requests City Council approval to amend a Professional Services Agreement (PSA)
with RAK Development, Inc. DBA Kreuzer Consulting Group (KCG) for civil engineering
design services. The amendment includes additional services for redesigned plans, utility
coordination, right of way engineering and final plans. The amendment increases the not -
to -exceed amount by $139,129 for a total not -to -exceed amount of $669,938.
RECOMMENDATION:
a) Find the requirement for environmental review under the California Environmental
Quality Act ("CEQA") is satisfied by Caltrans preparation and filing of an Initial Study
and Negative Declaration in accordance with CEQA and the CEQA guidelines. The
IS/ND concludes that no significant impact on the environment would occur when
following Caltrans standards and conditions and no mitigation measures are
necessary. Caltrans adopted the IS/ND in February 2017;
b) Approve Amendment No. Five to Kreuzer Consulting Group's PSA, to add $139,129
to the current contract for a total not -to -exceed amount of $669,938, extend contract
to June 30, 2023; and
c) Authorize the Mayor and City Clerk to execute the amendment.
FUNDING REQUIREMENTS:
The current adopted CIP budget includes sufficient funding for this Amendment. It will be
expensed to Account No. 12101-980000-15R19 (Gas Tax) for the Old Newport Boulevard
West Coast Highway Modifications Project. State Gas Tax Funds are restricted for
maintenance of the street and highway system.
9-1
Old Newport Boulevard and West Coast Highway Modifications — Amendment No. Five
to Professional Services Agreement with Kreuzer Consulting Group (Contract No. 5244)
June 23, 2020
Page 2
DISCUSSION:
The proposed project is located at the intersection of Old Newport Boulevard and West
Coast Highway in the City of Newport Beach. The project limits begin approximately
1,000 feet east, and end 400 feet west of Newport Boulevard along West Coast Highway.
Currently on West Coast Highway, there are three westbound and two eastbound lanes
within the project limits. The third westbound lane terminates as a right turn lane at
Old Newport Boulevard. The proposed improvements involve adding a third through lane,
a right turn pocket at Old Newport Boulevard, and a bike lane on the north side of West
Coast Highway. Old Newport Boulevard will be realigned further to the west at the
intersection with West Coast Highway. This project will include storm drain modifications,
landscape and irrigation improvements, utility relocation and adjustments, and signing
and striping.
The project limits of West Coast Highway and Old Newport Boulevard are currently under
Caltrans' jurisdiction and staff will be coordinating with Caltrans during the final design
and right of way (ROW) negotiation. Design efforts will be funded by State Gas Tax
Funds. It will be necessary to identify funding for construction in the CIP budget process
in future years.
The intent of the original PSA approved on May 14, 2013 was for the City to act as lead
agency for Initial Study/Mitigated Negative Declaration (IS/ND) CEQA approvals. After
meeting several times with Caltrans to discuss the project and environmental scope,
along with submitting a letter to Caltrans on September 24, 2013 requesting that the City
act as CEQA lead agency designation, Caltrans chose to retain lead agency status for
preparation and processing of the IS/ND. Caltrans' extensive requirements for their CEQA
documents included: greater use of stand-alone reports, the use of specific Caltrans
reporting templates and a longer internal review process. Amendment No. One increased
scope and fee to address the substantial increase in cost, time, research coordination,
reporting and review period that resulted from Caltrans acting as the lead agency for
IS/ND approvals. The amount of Amendment No. One was $115,920.
The second and third amendments extended the term of the consultant's agreement.
Amendment No. Four was requested in 2018 in the amount of $90,155 to complete
additional environmental reports and studies required for the Caltrans IS/ND.
Earlier this year staff met with Caltrans and Caltrans decided to change direction and
move forward with a design alternative found in the IS/ND. The design alternative is also
the City's preferred alternative since it includes realigning Old Newport Boulevard, which
will greatly improve the geometrics, safety, and capacity of the intersection.
The amendment will take the existing plan set for the original design and redesign it to
match the preferred approved design alternative as outlined in the IS/ND. The work
includes redesign of the existing storm drain infrastructure that lies underneath the
realigned road, ROW engineering, and services to complete project plans, specifications
and estimate for bidding.
9-2
Old Newport Boulevard and West Coast Highway Modifications — Amendment No. Five
to Professional Services Agreement with Kreuzer Consulting Group (Contract No. 5244)
June 23, 2020
Page 3
ENVIRONMENTAL REVIEW:
Caltrans has prepared filed an Initial Study and Negative Declaration in accordance with
CEQA and the CEQA guidelines. The IS/ND concludes that no significant impact on the
environment would occur when following Caltrans standards and conditions and no
mitigation measures are necessary. Caltrans adopted the IS/ND in February 2017.
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 — Amendment No. Five to Professional Services Agreement with Kreuzer
Consulting Group
9-3
ATTACHMENT A
l ice' i
P )
Nei--
1 AVON
COAST HWY
----,/ -J
PROJECT LOCATION
COAST HIGHWAY WIDENING AT OLD NEWPORT BOULEVARD CITY OF NEWPORT BEACH
LOCATION MAP PUBLIC WORKS DEPARTMENT
PROJECT 15R19 1 6/23/20
ATTACHMENT B
AMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT
WITH RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP FOR
OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY MODIFICATIONS
THIS AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Five") is made and entered into as of this 23rd day of June, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and RAK DEVELOPMENT, INC. DBA
KREUZER CONSULTING GROUP, a California corporation ("Consultant"), whose
address is 320 Main Street, Unit D, Seal Beach, CA 90740, and is made with reference
to the following:
RECITALS
A. On April 25, 2013, City and Consultant entered into a Professional Services
Agreement ("Agreement") for civil engineering services for design of Old Newport
Boulevard and West Coast Highway ("Project").
B. On June 25, 2014, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, to extend the term of the Agreement to June 30, 2015,
and to increase the total compensation.
C. On June 4, 2015, City and Consultant entered into Amendment No. Two to the
Agreement to extend the term of the Agreement to June 30, 2016, and to update
insurance requirements.
D. On August 8, 2016, City and Consultant entered into Amendment No. Three to
extend the term of the Agreement to April 24, 2018,
E. On April 24, 2018, City and Consultant entered into Amendment No. Four
("Amendment No. Four") to reflect additional Services not included in the
Agreement, as amended to extend the term of the Agreement to June 30, 2020, to
increase the total compensation, updated prevailing wage and claims
requirements, and update the insurance requirements.
F. The parties desire to enter into this Amendment No. Five to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to June 30, 2023, increase the total compensation, update the
administration, ownership of documents, conflicts of interest, and notices sections,
include opinion of cost section, and update the insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows -
9 -5
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2023, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to
Amendment No. Four, and Exhibit A to this Amendment No. Five, shall collectively be
known as "Exhibit A." The City may elect to delete certain Services within the Scope of
Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One
Exhibit B to Amendment No. Four, and Exhibit B to this Amendment No. Five, shall
collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Six Hundred Sixty Nine
Thousand Nine Hundred Thirty Eight Dollars and 001100 ($669,938.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Five,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Thirty Nine Thousand One Hundred Twenty Nine Dollars and 001100
($139,129.00).
4. ADMINISTRATION
Section 6 of the Agreement is amended in its entirety and replaced with the
following: "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."
RAK Development, Inc. DBA Kreuzer Consulting Group Page 2
9-6
5. OWNERSHIP OF DOCUMENTS
Section 17.3 and 17.4 shall be added to the Agreement as follows:
"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; (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."
6. CONFLICTS OF INTEREST
Section 24 of the Agreement is amended in its entirety and replaced with the
following: "24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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."
RAK Development, Inc. DBA Kreuzer Consulting Group Page 3
9-7
7. NOTICES
Section 25.2 and 25.3 of the Agreement is amended in its entirety and replaced
with the following:
"25.2 All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Rick Kreuzer
RAK Development, Inc. DBA Kreuzer Consulting Group
320 Main Street, Unit D
Seal Beach, CA 90740"
8. OPINION OF COST
Section 29 shall be added to the Agreement as follows:
"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."
9. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
10. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
RAK Development, Inc. DBA Kreuzer Consulting Group i Page 4
9-8
IN WITNESS WHEREOF, the parties have caused this Amendment No. Five to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: j Jj
By: 44,1q�
�V% Aaron C. Harp o
City Attorney .
ATTEST:
Date:
Leilani I. Brown
City Clerk
i
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: RAK Development, Inc.
DBA Kreuzer Consulting Group, a
California corporation
Date:
By:
Richard Andrew Kreuzer
Chief Executive Officer
Date:
By:
Kelsey Ann Kreuzer
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
RAK Development, Inc. DBA Kreuzer Consulting Group Page 5
9-9
EXHIBIT A
SCOPE OF SERVICES
RAK Development, Inc. DBA Kreuzer Consulting Group Page A-1 9-10
uzer
Y(Dlop
June 10, 2020
Mr. Patrick Arciniega
Senior Civil Engineer
City of Newport Beach
100 Civic Center Dr
Newport Beach, CA 92660
RE: Revised Request for Budget Augmentation (Amendment #5) to finalize the PCH/Old Newport Road
Improvement Project
Dear Mr. Arciniega,
Per the City's request, we are submitting this change order request to complete the subject project. To
date, we have completed preliminary design, environment documents and various ancillary reports for
the project. These materials have addressed two project alternatives. Initially, the Preferred Alternative
involved the realignment of Old Newport Road through the Caltrans park and ride lot. A few years back
the preferred alternative was changed to keep Old Newport Road on its current alignment. The City has
now decided to revert back to the realignment alternative as the desired option for construction. Over
the course of the last 7 years we have completed preliminary plans (50% completion level) for both
alternatives. Most of the supporting documentation (PEER, DSDD, etc.) were completed for the alternative
no longer being considered. As such, these reports will need to now be completed for the realignment
option. In addition, based on the recent meeting with Caltrans on 2/27/20, there are additional right of
way engineering items (i.e. Title Reports, Appraisal Maps) that were not included in the original scope of
work. Lastly, there are also new design features that are being added to the project, summarized as
follows:
• Caltrans is requiring the existing 8'x 4' RCB under Old Newport Road be replaced due to
its age and lack of vertical cover.
• The City has requested that a sidewalk connection be made up Santa Ana Avenue to Cliff
Drive. This will also include a walkway stairway connection to Avon Street. We have
included provisions in our scope to obtain additional survey information and prepare a
Concept Plan for these improvements along with final plops.
Based upon all of the above, we have developed our scope of work to finish the final PS&E for the project
based upon the work completed to date for the realignment aiternative, recent input received from
Caltrans and the added design features noted above.
320 Main Street 0 Unit D 0 Seal Beach, CA 0 90740
9-11
The following provides a task by task breakdown of the work required to complete the project.
Task 1.0 — Project Management Administration and Meetings
Under this task, KCG will be responsible for overall project management, leadership of the Project
Development Team (PDT), and monitoring project progress and maintenance of files. KCG will supervise,
coordinate and monitor all project activities and deliverables to insure they are in conformance with City
and Caltrans requirements. KCG will prepare monthly progress reports to accompany each monthly
invoice. These reports will address the work accomplished during the previous month; work anticipated
during the upcoming month; progress schedule; and any and all issues encountered, highlighting any
potential issues which may impact the scope of work for the project. The KCG Project Manager and
appropriate team members will meet with City staff on a regular basis to review and discuss progress and
chart courses of action. For purposes of this proposal, we have assumed that up to six (6) project meetings
will be required with the City and/or Caltrans for the remainder of the project duration.
Task 3.0 — Utility Research and Coordination
Subtask 3.1 — Utility Research & Coordination: Due to the amount of time that has passed on this project
we are proposing to restart the utility coordination efforts on this project. This will include the following
efforts:
• Obtain plans showing location and size of all utility lines and appurtenances within the project area.
• Confirm these utility lines are depicted correctly on the project Base Maps
• Cross check plotted locations above with detailed topographic survey information to insure that
existing lines are shown in proper location. Field checks will be performed as necessary.
• Upon establishing the proposed improvements, determine where potential utility conflicts exist
and where utility relocation is warranted.
• Coordinate with affected utility companies regarding conflicts, relocations and improvements. This
coordination effort will require providing updated plans to the utility agencies for the proposed
improvements and also meeting with the carious utility service planners on the project site, as
necessary, to discuss conflicts and/or relocations.
Subtask 3.2 —Potholing: In order to facilitate utility relocations, and the construction of the new RCB and
associated storm drain connector pipes we are including provisions for up to eight (8) utility potholes
within the project limits. This work will be completed by Bess Laboratories under KCG's direction.
Task 8.0 — Preliminary► Design Plans
The City desires to make a sidewalk connection from the project limits on Santa Ana Avenue up to Cliff
Drive, including a walkway/stairway connection to Avon Street. This will require the completion of the
following additional subtasks:
Subtask 8.5 Additional Topographic Survey: Metz surveying will complete field survey in order to develop
a topographic base map for the proposed sidewalk alignment. KCG will utilize this information to prepare
base plan for the development of a Concept Plan (subtask 8.6) for the sidewalk improvements.
9-12
Subtask 8.6 — Sidewalk Concept Plan: KCG will prepare a Concept Plan for the Santa Ana sidewalk
improvements, including a connection to Avon Street. We will not proceed with final plans until this
Concept Plan is approved by City.
Subtask 8.7 — Final Plans: Based upon the approved Concept Plan, KCG will prepare final plans for the
Santa Ana Sidewalk Improvements, including a connection to Avon Street. We envision 2 plan sheets and
1 detail sheet will be required.
Task 9.0 Fact Sheet for Design Exceptions
Subtask 9.1 — Permit Engineering Evaluation Report (PEER): A PEER was completed and approved for the
on -alignment alternative but not for the realignment alternative. KCG will prepare and obtain approval of
a PEER document for this new Preferred Project Alternative.
Subtask 9.2 — Desmon Standard Decision Document (DSDD): A DSDD, formerly known as a Fact Sheet, was
completed for the on -alignment alternative but only partially (Draft) completed for the realignment
alternative. Additionally, the DSDD format differs from the original Fact Sheet format so there will be
additional work required to prepare and obtain approval for the DSDD forthe new Preferred Alternative.
Task 10.0 Water Quality Documents
This task required the preparation of two water quality documents, broken down as follows:
Subtask 10.1- Water Quality Manogement Plan (WQMP1: KCG will provide engineering services to prepare
a Water Quality Management Plan (WQMP) technical document and supporting analysis forthe proposed
street improvement project area. The project WQMP will comply model for the County of Orange. The
project is in the north county permit area which is wholly within the Santa Ana Regional Water Quality
Control Board. The WQMP will satisfy the post development storm water quality treatment requirements
established in the permits. The document will follow the model format and technical content
requirements based on the agency template for the Water Quality Management Plan and will follow the
requirements of Section 7.11-1.5 for public agency projects.
Subtask 10.2 — Stormwater Data Report SWDR :SWT will prepare a Storm Water Data Report (SWDR)
following the minimum data/assessment requirements and the format outlined by Caltrans in the Storm
Water Quality Handbook Project Planning and Design Guideforthis type of water quality documentwhich
includes (1) Project Description with a detailed narrative, (2) completion of checklists, (3) analyses and
assessments, and (4) attachments and exhibits. The July 2010 "long form" SWDR will be completed
following the Caltrans standard template forthe SWDR and addressing the requested issues as part of the
overall checklists and developing the associated supporting documentation or narrative. The basic
elements and items to be prepared that will be included in the SWDR are listed below:
• Detailed project descriptions and • Disturbance Area
description of the construction works • Site Data and Water Quality Design Issues
• Checklists SW -1, SW -2, and SW -3.
9-13
• Site Hata and Water Quality Design
Issues
• Receiving Water and Pollutant of
Concern, including TMDL
• Regional Water quality Board
Agreements
• Determination of the risk level
• Proposed Design Permanent Pollution
Prevention BMPs
— Sizing of BMPs
— Cost estimate for BMP
• Construction Site BMPS
The required attachments or exhibits will include: vicinity map, Evaluation Documentation Form (EDF),
construction Site BMP consideration form, RUSLE2 calculation for soil erosion, risk level determination
documentation, treatment BMP summary spreadsheets, quantities for construction site BMPs.
Task 12.0 — Right of Way Engineering
This task will require a series of subtasks, as follows:
Subtask 12.1 — Tule Reports: We have included obtaining three (3) title reports for the project. These
reports will cover the Caltrans park and ride lot, A's and Pacific Imaging parcels.
Subtosk 12.2—R/WApproisol Maps: KCG will utilize the services of Metz Surveying to prepare the Caltrans
required Appraisal Maps for the project. These maps will be prepared in strict conformance with Caltrans
guidelines and requirements.
Subtask 12.3 — Legals and Plats: Metz Surveying will prepare legal descriptions and plats for the property
acquisition required, including temporary construction easements, dedications and easements. We
anticipate 6 legals/plats will be prepared, summarized as follows:
• A's site (2) — Part take and TCE
• Pacific Coast Imaging (2) — Part take and TCE
• Caltrans Park and Ride (1) — Dedication
• Utility Easement (1) through A's lot.
Task 13.0 — Final PS&E
As stated previously, the plans for the new realignment alternative are currently done to approximately a
50% completion level. KCG will take these plans and advance then to 65%, 90% and 100% final levels for
submittal to the City/ Caltrans for review. We envision the following plan set will be developed:
Description
# Sheets
Title Sheet
1
Typical Sections
1
Construction Details
3
Demolition Plans
4
Roadway Plan & Profile
4
Offsite Improvements
2
Utility Plans
2
9-14
RCB Plan & Profile 1
RCB Details 2
Storm Drain Connector Pipe Plan & Profile 2
Storm Drain Profiles 1
Planting Plan 1
Irrigation Plan 1
Planting & Irrigation Details 1
Signing & Striping Plans 3
Street Lighting Plans 2
Traffic Control Plans 6
Cross Sections 6
Total 43 sheets
Of the sheets above, the new design features include the replacement of the existing 8'x 4' RCB under Old
Newport Road and new sidewalk on Santa Ana Avenue to Cliff Drive which is covered under subtask 8.7.
Specifications will be prepared using Microsoft Word for Windows.
Construction Cost Estimates will be prepared using Microsoft Excel. All quantity calculations and pertinent
backup calculations required to support the project estimate will be bound and submitted to the City for
review.
Task 14.8 — Permitting
Subtask .14.1 — Caltrans Encroachment Permit: This task will include the preparation of an Encroachment
Permit Application including, but not necessarily limited to, the following attachments:
• Signed plans (folded per Caltrans' requirements)
• Environmental Notice of Determination (previously completed)
KCG will prepare the application for City Signature and compile all supporting information. We will submit
and process this permit application until an Encroachment Permit for the project is obtained.
Task 15.8 -- Construction Bidding and Support Services
The work under this task includes (a) responding to questions during the bid period; (b) attending the pre -
construction meeting; (c) reviewing shop drawing submittals; (d) preparing bid addenda; (e) providing
input with respect to the contractor's general conformance with the project plans and specifications; and
(f) preparing as -built record drawings, based on contractor redlines, at the completion of construction.
9-15
We are requesting a budget increase of $139,129 to complete this scope of work. This increase takes into
account the $17,116 that currently remains on contract. Exhibit A on the following page provides a task
by task breakdown of manhours and fees by task.
Thank you for your consideration of this request. If you have any questions or require additional
information please do not hesitate to contact me.
Respectfully Submitted,
Rick Kreuzer, PE
President
9-16
EXHIBIT B
SCHEDULE OF BILLING RATES
RAK Development, Inc. DBA Kreuzer Consulting Group Page B-1 9-17
AMENDMENT #5 -FEE SCHEDULE FOR BUDGET INCREASE
OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY IMPROVEMENTS
AMOUNT REMAINING ON CONTRACT (517,416)
BUDGET INCREASE REQUESTED r SIS9 129
L v 19 -,Newport 8escm002.PCH B Old NswporRConlmctualAmendmonl No 5 031320WRevraed Fee Schedule Od Newport K5 06102020.4u
9-18
hr
$200
hr
5135
!L
TASK 1.0 - PROJECT MANAGEMENT, ADMINISTRATION AND MEETINGS
24
16
56,960
$6,960
SUBTOTAL TASK 1.0 MANHOURS
SUBTOTAL TASK 1.0 COSTS
24
$4.800
16
52.160
$8,960
S6,961)
TASK 3.0 - UTILITY RESEARCH AND COORDINATION
3.1 Mity Research & Coordination
10
16
S4,160
$4,160
3.2 Potholmq
2
4
5940
58.000
58.000
58,940
SUBTOTAL TASK 3, 0 MANHOURS
SUBTOTAL TASK 3,0 COSTS
12
$2,400
20
$2,700
1
$5,100
58.000
$8,000
I S13.10D
TASK 8.0 - PRELIMINARY DESIGN PLANS
8.5 Topographic Survey for Sanla Ana Avenue
Sidewalk Imcrovements
2
2
5670
S2.700
S2,700
53.370
8-6 Santa Ana Sidewalk Con t Plan
8
16
53,760
S3.760
8.7 Santa Ana Sidewalk Final Plans 3
10
40
57.400
$7,400
SUBTOTAL TASK 8.0 MANHOURS
SUBTOTAL TASK 8.0 COSTS
20
54,000
58
$7,630
s11 830
$2,706
52,700
$14 530
TASK 9.0 - FACT SHEET FOR DESIGN EXCEPTIONS
9.1 Permit Engireedng Evaluation Re ort PEER
29
24
S7 240
$7.240
9-2 Design Standard Decision Document (DSOD)
16
24
56.440
S6440
SUBTOTAL TASK 7.0 MANHOURS
SUBTOTAL TASK 7.0 COSTS
36
$7,2D0
48
56,480
513680
$13,680
TASK J&D- WATER QUALITY DOCUMENTS
10.1 Wafer Oualily Manaement Plan WOMP1
4
16
52966
52,960
102 Starmwaler Data Report fS`NDR
4
16
S2.960
52.960
SUBTOTAL TASK 7.41ANO-OPT
SUBTOTAL TASK 7.0 COSTS
$1,600
54.320
$5,920
$5.920
TASK 12.0 - RIGHT OF WAY ENGINEERING
12.1 Title Reports
2
53.000
S3.4D0
53,400
12.2 RM ApEraisal Mas
2
16
S2,560
S3,51)0
S3,500
$6.060
12.3 Legals and Plats
2
8
51,480
54,250
54.250
$5.730
SUBTOTAL TASK 7.0 MANHOURS
SUBTOTAL TASK 7 0 COSTS
6
$1,290
24
$3.240
$3,000
ST.440
$7,750
$7,750
$15,190
TASK 13.0 - FINAL PS & E
- Title Sheet 1
1
2
5470
5470
- T ical Sections 1
2
8
51,480
S1,480
- Construction Details 3
4
10
$2,150
S2J50
- Demolition Plans 4
4
12
52.420
$2,420
- Rcadway Plan & PrOriie 4
8
24
54,840
54,840
- OF£skte Improvements 2
6
16
S3,360
53.360
- U65ty Plans 2
4
16
S2,960
$2.96D
- RCB Plan & Profile 1
16
48
59.680
59,680
- RCB Delals 2
16
40
58.600
58.600
- Storm Drain Connector Pipe Plan 2
2
12
52,020
$7,020
- Storm Drain ProfilRs 1
2
16
S2,560
$2,560
- Planfin Plan 1
2
5400
54000
54000
54400
m anon Plan 1
2
5400
S4 000
S4000
S4,4IX7
- Planlin�a & Innation Details 1
1
5200
S2 000
$2,000
52,200
- Siqninq & Stnping Plans 31
2
8
$1,480
51.480
- Street L' hurl Plans 2
4
20
53.500
$3,500
- Traffic Contml Plans 6
12
31
56.585
S6,585
- Cross Sections 6
6
24
$4,440
S4,4 0
- Specifications
12
8
53,480
53.480
- Coal Eshmales
4
12
$2,420
S2,420
embuma es
S3,800
S3,1300
S3,800
SUBTOTAL TASK 9.0 MANHOURS
SU8rOTAL TASK 9.0 COSTS
110
$22,606
307
$41,445
$3,800
$S7,245
510,000
510,000
577245
TASK 14.0 - PERMITTING
14.1 Caltrans Encroachment Permil
16
24
56.440
1
S6,44*
SUBTOTAL TASK 10.0 MANHOURS
SUBTOTAL TASK 10.0 COSTS
16
$3.200
24
$3,240
$6,440
$6,440
TASK 15.41. CONSTRUCTION BIDDING AND SUPPORT SERVICES
12
B
53.480
$3,480
SUBTOTAL TASK 11.0 MANHOURS
SUBTOTAL TASK 11.0 COSTS
12
52.400
8
51.060
53480
53,480
MANHOUR GRAND TOTALS
FEE GRAND TOTALS
244
$48,800
537
572,495
$6800
$128,095
$10.000
58.000
$10,450
528,450
$156, SRS
AMOUNT REMAINING ON CONTRACT (517,416)
BUDGET INCREASE REQUESTED r SIS9 129
L v 19 -,Newport 8escm002.PCH B Old NswporRConlmctualAmendmonl No 5 031320WRevraed Fee Schedule Od Newport K5 06102020.4u
9-18
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
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 and employees.
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
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.
RAK Development, Inc. DBA Kreuzer Consulting Group Page C-1 9-19
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
and employees 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
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager 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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
RAK Development, Inc. DBA Kreuzer Consulting Group Page C-2 9-20
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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.
RAK Development, Inc. DBA Kreuzer Consulting Group Page C-3 9-21
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, 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.
RAK Development, Inc. DBA Kreuzer Consulting Group Page C-4 9-22