HomeMy WebLinkAboutC-8846-1 - PSA for Balboa Island Street and Drainage Imrprovements ProjectI
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PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC. FOR BALBOA
ISLAND STREET AND DRAINAGE IMPROVEMENTS PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 26th day of July, 2022 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation ("Consultant"),
whose address is 500 Grant Street, Suite 5400, Pittsburgh, Pennsylvania 15219, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to perform Balboa Island street and drainage
improvements ("Project").
C. City issued an RFP for professional engineering design services for the Balboa
Island street and drainage improvements, Contract No. 8846-1, originally entitled
"Bridge Design Services for Collins Island Bridge Replacement Project."
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
E. 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:
I I :I :TIT,]
The term of this Agreement shall commence on the Effective Date, and shall
terminate on July 31, 2027, 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 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 (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Million Eighty One
Thousand Two Hundred Ninety Seven Dollars and 00/100 ($1,081,297.00), 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.
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Bradley Mielke 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. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
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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 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 and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim, collectively, "Claims"), and which 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
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limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
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16. PREVAILING WAGES
16.1 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 seg.), 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 Consultant 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 Consultant 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.
16.2 In such event, unless otherwise exempt by law, Consultant warrants that no
contractor or subcontractor was listed on the bid proposal for the Services that it is not
currently registered and qualified to perform public work. Consultant further warrants that
it is currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. 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.
18. OWNERSHIP OF DOCUMENTS
18.1 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
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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.
18.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18.3 Computer Aided Design and Drafting ("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, or (b) 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,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
18.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
19. 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.
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20. 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.
21. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
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25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. CONFLICTS OF INTEREST
26.1 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.
26.2 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.
27. NOTICES
27.1 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.
27.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at.-
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
27.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Bradley Mielke
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
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28. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seg.).
29. TERMINATION
29.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
29.2 Notwithstanding the above provisions, City shall have the right, at its sole
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.
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.
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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 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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Dater
By:r�
on C. Harp
Ca
Attorney
ATTEST: Q n
Date: - of
By: ,
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California mPal corporation
Date. /un® /.
Kevin MueZn
Mayor
CONSULTANT:
International, Inc.,
corporation
Date:
By:
Michael Baker
a Pennsylvania
Signed in Counterpart
Bradley Mielke
Vice President
Date:
By:
Signed in Counterpart
Darren Riegler
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Michael Baker International, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: `� 1
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Niaon C. Harp Kevin Muldoon
Attorney Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
corporation
Date:
%�Wadley Mielke
Vice President
Date: Y91'Z& --)-
3
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Michael Baker International, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
TASK 1 — PROJECT MANAGEMENT
This task covers project management services including the requirements for meetings,
schedules, progress reports, and administration of Consultant's work.
1.1 PROJECT MANAGEMENT
Following are administrative duties, which shall be performed by Consultant during the
duration of the project assuming the schedule included in this Proposal:
• Supervise subcontractors and staff, coordinate, and provide Quality Control so that
work is in conformance with City standards and policies;
• Prepare, circulate, and file correspondence and memoranda as appropriate; and
• Prepare monthly invoices, progress reports, and update schedule.
Deliverables: Management/Administration Support
1.2 PROJECT MEETINGS
Consultant shall attend project meetings including those designated to City staff members.
Appropriate Consultant staff members will attend the meetings to discuss the project
objectives, goals, and report on progress of the project.
The following meetings are anticipated and included in the Scope of Work:
• Project kickoff with Consultant Team and City staff as appropriate.
• Five (5) meetings with City staff during Preliminary Design Phase to discuss design
concepts.
• Ten (10) project meetings with City staff throughout the final design phase to
coordinate progress and discuss technical issues.
• Two (2) Public Hearings during preparation of the Environmental Document where
Consultant staff will serve as the technical advisors to present information and address
questions related to the architectural, engineering and environmental aspects of the
project.
• Four (4) meetings for the processing of the regulatory permit application and coastal
development application.
Consultant will arrange meetings, provide discussion materials and agendas and develop and
distribute meeting notes. In addition, Consultant shall prepare an action item matrix,
document all project decisions and distribute copies of correspondence to all project team
members and City staff as appropriate.
Should the City determine additional meetings beyond those assumed in this scope of work
are necessary, those services will be provided under a separate scope of work and contract
modification.
Michael Baker International, Inc. Page A-1
TASK 2 — PRELIMINARY ENGINEERING
During this phase of the Project, Consultant will review existing bridge and utility drawings,
records, and easements; review the draft design for the discharge lines for the proposed
storm system pump station that will discharge out of the new bridge east abutment; review
existing seawall drawings and records, and visit the site to observe existing conditions,
including seawall leaks on Collins Island adjacent to the bridge. Specific tasks are identified
below.
2.1 DESIGN SURVEY
Horizontal and vertical control will be established along Park Avenue from 100' north and 100'
south of Collins Island bridge. Topography will be collected from right of way to right of way
along Park Avenue and across the existing bridge deck extending 100' beyond northerly end
of bridge. Topography along North and South Bay Front will be collected 100 feet in each
direction from Collins Bridge and will include bathymetric survey for 100 feet along North and
South Bay Front. Unless otherwise directed by the City, the basis of horizontal control will be
North American Datum of 1983 (NAD 83), Zone 6, Epoch 2017.50, as published by the
Orange County Surveyor. Coordinates will be expressed as grid values in terms of the U.S.
survey foot. Unless otherwise directed by the City, the basis of vertical control will be the
North American Vertical Datum of 1988 (NAVD 88) as published by the Orange County
Surveyor.
Field surveys will include obtaining locations, elevations and descriptions of topographic data
from Right -of -Way to Right -of -Way. Topographic data collection will consist of locating the
following items:
• Curb, gutter, sidewalks and driveways.
• Pavement areas including streets and asphalt berms.
• Cross-section data on maximum 50' intervals.
• Power poles, streetlights and traffic signals, and major signs.
• Trees and major specimen plants, with trunk diameters greater than 6", including drip
lines.
• Above ground piping and structures.
• Existing utilities including valves, pull boxes, meters, and vaults.
• Storm drain and sewer structures and manholes, including rim and inverts.
• Fences and Walls, building faces.
• Major surface features that define the shape of the terrain, such as tops and toes of
slopes, grade breaks and natural ground.
• Spot elevations at critical locations.
All field topography shall be collected electronically for data processing. Consultant shall data
process all topography in AutoCAD format. Deliverables will include an AutoCAD file compile
at a scale of 1 "=20' with 1 foot contours and a hard copy plot of the topography.
The finished topographic map shall include the basis of horizontal and vertical control, North
arrow, and date -of -survey.
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All Survey and Mapping tasks are presented under this task however, some subtasks may
be conducted during final design as appropriate. Consultant will perform topographic surveys
in the area of the improvements noted on the project location exhibit provided in the RFP
indicating the limits of the Project.
2.2 BASE MAPPING
Consultant shall conduct research investigation at the City of Newport Beach, and County of
Orange office to obtain existing surveys, maps, and plats. Based on the data collected during
the research investigation, Consultant shall perform constraints mapping over the proposed
project site. A cadastral mapping base will be developed from existing record maps, which
will provide record property lines. Existing easements of record, if plottable, will be computed
and incorporated into the mapping base file.
Land Net Base will be utilized to develop legal descriptions and exhibits for acquisition
purposes.
Boundary survey is explicitly excluded from this task.
Deliverables: An exhibit depicting existing property lines and easements of record.
2.2.1 Legal Descriptions and Exhibits
Consultant will prepare up to two (2) legal
necessary easement acquisition purposes,
temporary construction easement.
descriptions with accompanying exhibits for
such as proposed permanent easement or
It is assumed that conveyance documents (deeds), title work, acquisition and recording
services will be the responsibility of the Client.
Notes:
1. All work associated with this project, within the definition of Professional Land Surveying
described in Sections 8700 through 8805 of the California Business and Professions Code,
Land Surveyors Act, will be performed under the responsible charge of Steve Slocum, PLS
9044.
Exclusions:
• Boundary Survey
• Title Report
• Title Report Analysis
• Deed Jackets
• Recording Services.
2.3 BRIDGE CONCEPT DEVELOPMENT
Consultant will propose options for new bridge and abutments with a new deck elevation of
approximately 11 feet NAVD88. New abutments shall be designed to accommodate
stormwater pump station discharge lines currently under design by others. Bridge foundation
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concepts will be based upon preliminary recommendations provided by our Geotechnical
Engineer.
This task includes preparing up to three (3) bridge concept designs, including material
recommendations and architectural features, appropriate for the neighborhood including a
swing guard gate, lighting, irrigation, landscaping, and bridge signage.
Bridge Planning Study: Consultant will prepare concept plans in support of the Preliminary
Engineering Phase to develop a feasible structure type and cost estimate considering the
existing bridge, roadway and other conditions for the bridge replacement. We will investigate
and determine the structure length, width and type, span lengths, structure depth, railing
types, including temporary barriers, abutment types, vertical and horizontal clearances,
location, approach slabs, and stage construction. The storm drain discharge system from the
Park Avenue Pump Station consists of concrete walls and weir will be incorporated into the
bridge plans. Consultant will coordinate with the pump station design engineer for hydraulic
discharge rates, and the geotechnical engineer for structural foundation designs. Bridge and
seawall foundation concepts will be based upon preliminary geotechnical recommendations
from our geotechnical engineer as noted in Task 5. A concept level cost estimate for each
design option will be provided.
The exhibits developed for the Bridge Planning Study will consist of one plan sheet showing
the basic bridge plan, elevation, profile, typical section, estimated cost summary, and a
Design Memo summarizing all the critical assumptions of the design.
2.4 SEAWALL CONCEPT DEVELOPMENT
Consultant will prepare design concepts for the new seawalls south of (about 100 feet) and
north of (about 80 feet) the east end of the bridge, raising the boardwalk one to two feet.
Based on the selected concept, Consultant will perform a structural review of existing sheet
pile walls and geotechnical studies to evaluate the reuse or replacement of seawalls. The
new seawall design concepts will be included when preparing and processing environmental
documents.
2.5 ROADWAY CONCEPT DEVELOPMENT
Consultant will prepare design concepts for raising the west -side roadway approach (on
Collins Island) and eastside roadway approaches (on Balboa Island) to the bridge.
Impacts from drainage, existing garages, sidewalks, and landscaping will be incorporated into
the design concepts. In reviewing the plans provided by the City, it appears the street surface
runoff from Collins Island passes over the existing bridge. By raising the bridge deck
elevation, a new storm drain inlet and outlet on Collins Island may be required and will be
studied.
2.6 ARCHITECTURAL DRAWINGS
Consultant will prepare architectural drawings and renderings for the three (3) concept
options selected for further review. Drawings of the replacement bridge concepts will be in
color, appropriately mounted, with a minimum size of 36 inches by 24 inches, suitable for
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public display. Consultant will also prepare exhibits for power -point presentations at public
information meetings.
TASK 3 - TECHNICAL STUDIES
3.1a Air Quality
Existing Conditions/Regulatory Framework. The project is located within the South Coast Air
Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management
District (SCAQMD). Baseline meteorological and air quality data developed through the
California Air Resources Board (CARB) will be utilized for the description of existing ambient
air quality. The analysis will describe and address the requirements set forth by the SCAQMD
CEQA Air Quality Handbook.
Construction and Operational Related Emissions. Construction emissions will be quantified
with the California Emissions Estimator Model version 2022.1 (CalEEMod). A general
description of the major phases of construction and their timing will be required. The air
pollutant emissions during construction will be compared to the SCAQMD Regional
Thresholds of Significance. Naturally occurring asbestos impacts will also be qualitatively
discussed. As the project would not significantly increase capacity or volumes of traffic in the
area, operational emissions will be qualitatively evaluated.
Localized Emissions. The project is located within the SCAQMD's Source Receptor Area
(SRA) 18 (North Orange County Coastal). Based on localized meteorological data for SRA
18, Consultant will analyze localized impacts based upon the SCAQMD's Localized
Significance Thresholds (LST) methodology.
Air Emissions Health Impacts. As a result of the California Supreme Court decision for Sierra
Club vs. County of Fresno (Friant Ranch L.P.), the resultant human health impacts from the
project's short-term construction and long-term operational air emissions will be analyzed.
3.1 b Greenhouse Gas Emissions
Consultant will review the land use data and will prepare an inventory of the greenhouse gas
(GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct and
indirect sources. In addition, total GHG emissions from construction activities will be
amortized into the GHG emissions inventory. CaIEEMod will be used to quantify GHG
emissions. The project -related GHG emissions will be assessed against the appropriate
SCAQMD bright -line screening threshold, project -level efficiency threshold, and/or a different
threshold in consultation with the SCAQMD.
3.1 c Energy
Consultant will analyze the energy implications of the project pursuant to Public Resources
Code Section 21100(b)(3) and Appendix G and Appendix F of the CEQA Guidelines. These
statutes and guidelines require a project to describe, where relevant, the wasteful, inefficient,
and unnecessary consumption of energy caused by a project. In addition, Appendix G of the
CEQA Guidelines requires a consistency analysis with state or local plans for renewable
energy or energy efficiency. The analysis will quantify energy consumption associated with
short-term construction activities.
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3.1 d Noise
Existing Conditions. The applicable noise and land use compatibility criteria for the project
area will be reviewed and noise standards regulating noise impacts will be discussed for land
uses on and adjacent to the project site. Short-term noise measurements will be conducted
at two locations in the project vicinity.
Construction -Related Noise and Vibration. Noise impacts from construction sources will be
analyzed based on the anticipated equipment to be used, length of a specific construction
task, equipment power type (gasoline or diesel engine), horsepower, load factor, and
percentage of time in use. The construction noise impacts will be evaluated in terms of
maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the
frequency of occurrence at adjacent sensitive locations. An analysis of vibration impacts will
be based on the Federal Transit Administration's vibration analysis guidance. Analysis
requirements will be based on the sensitivity of the area, anticipated construction activities,
and Noise Ordinance specifications.
Operational Noise Sources. As the project would not significantly increase capacity or
volumes of traffic in the area, operational noise will be qualitatively evaluated.
3.1e Cultural Resources
Cultural and Paleontological Analysis. As part of the cultural resources identification study,
Consultant will complete a cultural resources records search of the project site with a'/2-mile
search radius at the South Central Coastal Information Center (SCCIC), and will also
complete literature, historic map and aerial photo review, local historical society consultation,
a built environment survey, and an archaeological sensitivity analysis of the project site. The
existing Collins Island Bridge is over 50 years old and is proposed for replacement, therefore,
it will be evaluated for eligibility for listing in the California Register of Historical Resources.
The bridge will be recorded and evaluated on the appropriate California Department of Parks
and Recreation (DPR) 523 series forms. No archaeological survey is proposed because the
project area is hardscaped with no exposed soils. The intent of the above -mentioned cultural
resources identification efforts is to determine if there are historical resources, as defined in
Section 15064.5(a) of the California Environmental Quality Act, within the project site.
As part of the paleontological identification efforts, Consultant will conduct a fossil locality
search at the Natural History Museum of Los Angeles, literature and geologic map review, a
paleontological resources sensitivity analysis, and provide recommendations.
The findings of the cultural and paleontological resources identification efforts will be
summarized in a combined memorandum that will be appended to the environmental
document. The memorandum will describe the project site, methods, and results of the
cultural and paleontological resources identification efforts described above, and
recommendations or mitigation measures, as applicable. The DPR 523 series forms will be
included as an appendix. This task assumes there are no archaeological resources present
within the project site that will require recordation or evaluation for listing in the California
Register of Historical Resources.
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Assembly Bill 52 (AB52) Assistance. Consultant will assist the City with meeting Native
American consultation requirements pursuant to AB52. In coordination with the City, we will
prepare the draft consultation letters to tribes that have requested AB52 notification.
However, because consultation is required to be government -to -government, pursuant to
State law, Consultant assumes the City will send the consultation letters, complete the AB52
consultation, and provide the consultation log with supporting documentation (ex. letters,
emails, phone conversation summaries) for inclusion in the environmental document. This
scope does not include meetings or additional consultation.
Section 106 Cultural Study. In support of regulatory permitting activities that will be required
through the U.S. Army Corps of Engineers (USACE), Consultant will prepare a Cultural
Resources Identification Report required for USACE to address requirements of Section 106
of the National Historic Preservation Act (NHPA).
Consultant will conduct the following tasks to identify cultural resources in the project's Area
of Potential Effects (APE):
• A South Central Coastal Information Center (SCCIC) records search with '/z-mile
radius, cultural resources inventory review, and literature/map review for
archaeological, ethnographic, historical, and environmental information to identify
known cultural resources within and adjacent to the APE.
• Conduct a Native American Heritage Commission Sacred Lands File search to assist
the USACE with meeting Native American consultation requirements pursuant to
Section 106 of the NHPA. We will contact the Native American Heritage Commission
in Sacramento for a review of the Sacred Lands File to determine if the APE contains
any known sacred lands, and a list of Native American contacts who may have
concerns about the project within the APE.
• Contact one historical society for any information or concerns it may have about the
project within the APE.
• Conduct an architectural resources survey to photo document Collins Island Bridge.
An archaeological resources survey is not required because the project site is
hardscaped with no exposed soils.
• Evaluated Collins Island Bridge for eligibility for listing in the California Register of
Historical Resources and National Register of Historic Places. The bridge will be
recorded and evaluated on the appropriate California Department of Parks and
Recreation (DPR) 523 series forms.
• As part of the paleontological identification efforts, Consultant will conduct a fossil
locality search at the Natural History Museum of Los Angeles, literature and geologic
map review, a paleontological resources sensitivity analysis, and provide
recommendations.
We will prepare the Cultural Resources Identification Report describing the APE, methods
and results of the cultural resources identification efforts described above, and
recommendations or mitigation measures, as applicable. The report will be used to support
the permit application and will address the requirements of Section 106 of the NHPA. This
task assumes that there are no archaeological resources within the APE that require
evaluation for inclusion in the National Register of Historic Places or California Register of
Historical Resources. Only one resource, the Collins Island Bridge, is assumed to require
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evaluation. It is assumed that the USACE will conduct the Section 106 Native American
consultation.
3.2 CEQA COMPLIANCE
This task assumes that the City of Newport Beach will be the lead agency for the CEQA
process, and that an Initial Study/Mitigated Negative Declaration (IS/MND) will be the
appropriate form of clearance documentation. Should one or more impacts be identified as
significant and unavoidable (thus necessitating the preparation of an EIR), a separate scope
of work and contract modification would be required. Consultant will prepare the IS/MND in
accordance with the CEQA Guidelines and the City's local implementation procedures. A
detailed description of the CEQA work program is provided below.
3.2a Introduction
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of
Newport Beach CEQA Implementation procedures for which the proposed project is subject.
This section will identify the purpose of the study and statutory authority as well document
scoping procedures, summary of the IS/MND format, listing of responsible and trustee
agencies and documentation incorporated by reference.
3.21b Project Description
The Project Description section will detail the project location, background, and history of the
project, discretionary actions, characteristics, goals and objectives, construction program,
phasing, agreements, and required permits and approvals that are required based on
available information. This section will include a summary of the project's local environmental
setting for the project. Exhibits depicting the regional and site vicinity will be included in this
section.
3.2c Initial Study Checklist
This section will include a summary page of project information followed by an explanation of
factors considered for potential impacts. The Initial Study Checklist will be presented in a
four -column layout, identifying: (1) potentially significant impacts, (2) potentially significant
impacts unless mitigated, (3) less than significant impacts, and (4) issues resulting in no
impacts.
3.2d Environmental Analysis
Consultant will evaluate the necessary information with respect to the existing conditions, the
potential adverse effects of project implementation (both individual and cumulative), and
measures to mitigate such effects. Environmental issues raised by City Staff, Caltrans,
agencies and the community, and any other relevant and valid informative sources) will also
be evaluated. The analyses will be based upon all available data, results from additional
research, and an assessment of existing technical data. These analyses will be performed
by qualified Environmental Analysts, CEQA experts, and Planners at Consultants firm.
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The Environmental Analysis section will thoroughly discuss the existing conditions for each
environmental issue area and identify short-term construction and long-term operational
impacts associated with the project. The impact analysis will be in a consistent order of
environmental factors, as presented in Appendix G of the CEQA Guidelines (Aesthetics,
Agricultural and Forest Resources, Air Quality, etc.). The thresholds for significance shall be
identified for every environmental issue. A brief discussion will be provided for all
environmental issues determined to be No Impact or Less Than Significant Impact, explaining
why these determinations were made and that no further analysis is warranted. The Impact
Subsection will provide a detailed analysis of each issue, in the same order as these issues
are provided in the IS/MND. The Environmental Analysis sections will provide vital supporting
information for the conclusions rendered for the Environmental Checklist. This section will
review the following issues:
• Aesthetics
• Agricultural and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology/Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology/Water Quality
• Land Use/Planning
• Mineral Resources
• Noise
• Population/Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities/Service Systems
• Wildfire
• Mandatory Findings
3.2e Initial Study Determination
The determination page will conclude the appropriate action based upon the IS/MND
evaluation.
3.2f Graphic Exhibits
The environmental document will include up to ten (10) exhibits to enhance the written text
and clarify the proposed project environmental impacts. Consultant will use state-of-the-art
computer design equipment and techniques to create professional quality, black and white or
full color exhibits, dividers, and covers for the environmental document.
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3.2g Administrative Draft IS/MND
Consultant will submit the Administrative Draft IS/MND in PDF and/or MS Word formats for
review and comment by the City. Consultant will also submit one (1) "check copy" of the final
draft document in PDF and/or MS Word formats, which will incorporate one complete set of
comments received from the City. Changes to the draft document will be highlighted to assist
the review.
3.2h Public Review Draft IS/MND
With a conclusion in the IS/MND that no significant environmental effects will occur as a result
of implementation of the project, a Mitigated Negative Declaration will be prepared. Following
this determination, Consultant will prepare the Notice of Intent (NOI) to Adopt and the
Mitigated Negative Declaration for City review. The NOI and Mitigated Negative Declaration
will be attached to the IS/MND to fully explain the proposed project and its affects. Ten (10)
hard copies of the IS/MND (with appendices included in digital format) and one (1) camera-
ready IS/MND original will be provided to the City. Consultant will provide the submittal to
the State Clearinghouse (via CEQA Submit) and additional distribution as directed by the
City. Consultant will also post the NOI at the County Clerk at the onset of the public review
period. This task assumes that the City will be responsible for any radius mailing or
newspaper noticing required for the CEQA document.
3.2i Responses to Comments
Consultant will respond to comments received on the Draft IS/MND during the public review
period. Consultant will prepare thorough, reasoned, and sensitive responses to relevant
environmental issues. This task includes written responses to both written and oral
comments received on the Draft document (includes review of hearing transcripts, as
required). The draft responses will be prepared for review by City Staff. For budgeting
purposes, we have assumed a total of 20 hours to prepare the Response to Comments.
Should the comments be excessive and require more than the budgeted time, this task would
be revisited under a separate scope and fee. Consultant will provide the draft Responses to
Comments to the City in PDF and/or MS Word formats prior to incorporation into the final
environmental document.
3.2j Mitigation Monitoring and Reporting Program
To comply with the Public Resources Code Section 21081.6 (AB 32180), Consultant will
prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through
working with City staff to identify appropriate monitoring steps/procedures and in order to
provide a basis for monitoring such measures during and upon project implementation. The
MMRP will indicate the mitigation measure number as outlined in the IS/MND, a list of
Mitigation Measures/Conditions of Approval (in chronological order under the appropriate
topic), the Monitoring Milestone (at what agency/department responsible for verifying
implementation of the measure), Method of Verification (documentation, field checks, etc.),
and a verification section for the initials of the verifying individual date of verification, and
pertinent remarks. Consultant will provide the Mitigation Monitoring and Reporting Program
to the City in PDF and/or MS Word formats.
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3.21k Final IS/MND
Consultant will prepare a draft final document for City review and approval. The Final
document will consist of the revised Draft text, as necessary to address the comments
received on the Draft document. The Final document will include a purpose subsection,
reference the review process, comments received, responses and any required edits/updates
to the Public Review document. Also included in the final document is the MMRP in
accordance with Public Resources Code Section 21081.6 (AB 3180). Upon finalization, five
hard copies (5) and one (1) camera-ready original will be provided to the City. Consultant will
prepare the Notice of Determination (NOD), send it to the State Clearinghouse (via CEQA
Submit), and file the notice at the County Clerk's office. This scope of work assumes that the
City would be responsible for the payment of any required filing fees for the California
Department of Fish and Wildlife (CDFW).
TASK 4 — REGULATORY AGENCY & COASTAL DEVELOPMENT PERMIT
APPLICATIONS
4.1 DELINEATION OF JURISDICTIONAL WATERS
Based on a preliminary desktop review, it is understood that the proposed project has the
potential to impact both State and Federal jurisdictional resources. As such, Consultant will
conduct a site reconnaissance and perform a delineation of jurisdictional "waters of the United
States" and "waters of the State" (including potential wetlands), located within and/or
immediately adjacent to the boundaries of the project site. The jurisdictional delineation will
result in:
• a determination of the U.S. Army Corps of Engineers (Corps) ordinary high-water mark
(OHWM) and indicate the existence of any three (3) parameter wetlands on -site. The
actual presence or absence of wetlands on -site will be verified through the
determination of the presence of wetland hydrology, hydrophytic vegetation, and
hydric soils pursuant to the Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Arid West Region (Version 2.0) (Corps 2008);
• a determination of the Regional Water Quality Control Board's (Regional Board)
jurisdiction based on the adopted State Wetland Definition and Procedures for
Discharges of Dredged or Fill Material to Waters of the State (State Water Resources
Control Board, 2019).
Prior to surveying the project site, Consultant will conduct a thorough literature review of
relevant information to support the site reconnaissance and report preparation. Sources
reviewed are anticipated to include topographic maps, USDA Web Soil Survey,
historic/current aerial photographs, Federal Emergency Management Agency flood zone
maps, USFWS National Wetlands Inventory Mapper, hydrology/climate information, and
watershed data.
Once the site visit is complete and the project site's baseline information is obtained,
Consultant will prepare a letter report discussing on -site jurisdictional areas. Pursuant to
agency requirements, the report will include the required exhibits to enhance the written text
and identify jurisdictional areas. This task includes time for GIS analysis to support the
preparation of the jurisdictional delineation figures. The delineation figures will be a scale of
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1" = 300' or greater and will consist of an aerial photograph. Drainage and/or wetland features
will be overlaid on the aerial photograph and the extent (acreage and linear feet) of each
agency's jurisdiction will be identified.
Assumptions and Exclusions. This task assumes one (1) field survey will be conducted by
two (2) certified wetland delineators and allows for one (1) round of review/revisions prior to
submittal.
Deliverables: Consultant will submit an electronic copy (PDF) of the final jurisdictional
delineation letter report to the Client.
4.2 PREPARATION OF REGULATORY PERMIT APPLICATIONS
Consultant will concurrently prepare application packages for a U.S. Army Corps of Engineers
(Corps) Section 10 Rivers and Harbors Act Permit (Letter of Permission) and a Regional
Board Section 401 Water Quality Certification. Each submittal package will generally include
the following key items:
• Application cover letter: The letter will be on Consultant letterhead and introduce the
project and define the submittal document.
• Standard Agency Forms: The most recent standard forms for each agency will be
utilized. An attachment may be provided so that the complete project description and
necessary detail is included. A detailed project description for improvements within
jurisdictional areas will also be provided (including a discussion of best management
practices).
• Project Exhibits: Exhibits will illustrate key project features and help clarify written text.
Anticipated exhibits include: Regional Vicinity Map, Site Vicinity Map, Project
Photographs, Jurisdictional Map, and Project Site Plans.
• Environmental Documentation: The environmental documentation section of the
application package will include the Delineation of Jurisdictional Waters Technical
Memorandum, Biological Resources Report, and CEQA Documentation, as available.
• Application Fees: The Certification filing fee pursuant to the Regional Board's current
Fee Schedule (fees based on total temporary and permanent project impacts) will be
paid by the Client. The Corps does not currently have a fee program for project
applications.
Assumptions: This task assumes two (2) rounds of responses to comments on each draft
permit application package prior to acceptance as final.
Deliverables: Draft copy of each application package (PDF) to the Client for file. One copy
of each final application will also be formally submitted electronically to the regulatory
agencies.
4.3 REGULATORY APPROVAL PROCESSING
Consultant shall provide regulatory servic
applications submitted to the Corps anc
correspondence or telephone calls between
s to support processing of the regulatory
Regional Board. Processing will include
reviewing agency staff related to the permit
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applications or points of clarification, if necessary. Typically, agency comments are
responded to via email and telephone; however, this task includes two (2) rounds of formal
(written submittal) response to comments per each application package. This task will be
billed on a not -to -exceed time and materials basis. Consultant will prepare a master
coordination tracking log documenting submittals and status review. The tracking log will also
include call logs and electronic communication with agency reviewers. Finally, an electronic
Permit Summary Report will be submitted to the Client once agency approvals are obtained.
Deliverables: One (1) copy Approved Jurisdictional Permits & correspondences in PDF to
the Client for file.
4.4 U.S. COAST GUARD COORDINATION
The entirety of Newport Bay is a legally navigable waterway of the U.S. Accordingly,
Consultant will facilitate consultation between the Corps and U.S. Coast Guard (USCG).
Additionally, Consultant will coordinate with Client to prepare an Initiation Letter to the USCG
that would permit Consultant to act on behalf of the Client. The jurisdictional delineation
prepared for the project would include identification of the mean high-water line for purposes
of identifying the USCG jurisdictional limits. Other pertinent plans and documents prepared
as part of the overall scope of work would also be submitted to support USCG review. Based
on the review of the project it is anticipated that the project activities would qualify for
Advanced Approval pursuant to the Code of Federal Regulations (CFR§ 115.70), as it relates
to bridge construction. The considerations below outline the proposed approach as they
relate to Advanced Approval from the USCG.
• The General Bridge Act of 1946 requires the approval of the location and plans of
bridges prior to start of construction (33 U.S.C. 525). The Commandant has given his
advance approval to the location and plans of bridges to be constructed across
reaches of waterways navigable in law, but not actually navigated other than by logs,
log rafts, rowboats, canoes and small motorboats. In such cases the clearances
provided for high water stages will be considered adequate to meet the reasonable
needs of navigation.
• The term "small motorboats' `shall be interpreted in the light of the things and
conditions with which it is associated. The term means rowboats, canoes and other
similar craft with outboard motors. It does not include sailing or cabin cruiser craft.
4.5 COASTAL DEVELOPMENT Permit Application
The proposed project is located within the California Coastal Zone and is therefore subject to
the California Coastal Act. Although the City of Newport Beach has a certified Local Coastal
Program, (LCP), the California Coastal Commission (CCC) retains original permit jurisdiction
over certain specified lands, such as submerged lands, tidelands, and public trust lands.
Per the Act, the proposed improvements qualify as a "Project" and would therefore be
required to obtain a Coastal Development Permit (CDP). Consultant will assist in preparing
the CDP application and processing the application through the CCC. Consultant will prepare
a submittal package to obtain a CDP from the CCC. The submittal package is anticipated to
include:
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• Standard Permit Application;
• Appendix A: Declaration of Campaign Contributions.
• Appendix B: Local Agency Review Form;
• Appendix C: Mailing Labels (properties within 100' of project boundaries);
• Appendix D: Declaration of Posting;
• Project Site Maps;
• CEQA Documentation/Technical Studies (provided as part of this scope of work); and
• Stamped/addressed mailing envelopes.
4.6 COASTAL DEVELOPMENT PERMIT PROCESSING
Consultant will provide regulatory services for processing of the CDP application through the
CCC. Processing shall include correspondence or telephone calls between the CCC
reviewing staff related to the permit or points of clarification and coordination. This item
includes up to two (2) meetings with the CCC reviewing staff during the application review
process. A local Los Angeles, Orange, or San Diego County coastal hearing is included as
one of the two meetings. This task includes the preparation of two (2) formal response to
comment packages; additional responses can be provided under contract augmentation and
City approval.
In the event additional funds are necessary,
proceed with the Client. Budget for this
authorization from the Client.
Consultant will address funding necessary to
task will not be exceeded without express
Consultant will concurrently prepare application packages for a U.S. Army Corps of Engineers
(Corps) Section 10 Rivers and Harbors Act Permit (Letter of Permission) and a Regional
Board Section 401 Water Quality Certification. Each submittal package will generally include
the following key items:
• Application cover letter: The letter will be on Consultant letterhead and introduce the
project and define the submittal document.
• Standard Agency Forms: The most recent standard forms for each agency will be
utilized. An attachment may be provided so that the complete project description and
necessary detail is included. A detailed project description for improvements within
jurisdictional areas will also be provided (including a discussion of best management
practices).
• Project Exhibits: Exhibits will illustrate key project features and help clarify written text.
Anticipated exhibits include: Regional Vicinity Map, Site Vicinity Map, Project
Photographs, Jurisdictional Map, and Project Site Plans.
• Environmental Documentation: The environmental documentation section of the
application package will include the Delineation of Jurisdictional Waters Technical
Memorandum, Biological Report, and CEQA Documentation.
• Application Fees: The Certification filing fee pursuant to the Regional Board's 2011
Fee Schedule (fees based on total project impacts) will be provided by the City.
This task includes one round of internal revisions. The deliverable for this task includes a
draft (1 copy of each application) and final (1 copy of each application) for the City's file. One
Michael Baker International, Inc. Page A-14
copy of each final application will also be formally submitted in a 3-ring binder to the regulatory
agencies.
EXCLUSIONS:
• Preparation of a Habitat Mitigation & Monitoring Plan (HMMP).
• Fees associated with or required by the subject regulatory applications.
• Permit Condition Compliance
TASK 5 — FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATE (PS&E)
This Task describes the work related to Final PS&E for the preferred alternative as described
in the Bridge Design Memo prepared in the Preliminary Design Phase. A Geometric Concept
Plan will require final City concurrence prior to initiation of the final plans, specifications, and
estimates. The work will use the following assumptions:
• The limits of the Collins Island bridge replacement and roadway improvements are
from Collins Isle to the Bay Front Alley.
• The Collins Island Bridge will be replaced in two (2) stages allowing for traffic across
the Canal through construction. A temporary traffic control plan will be necessary to
control one-way traffic across the bridge during stage construction. Bicycle and
pedestrian traffic will be accommodated during construction.
• Asphalt Concrete on the west approach and PCC pavement on the east approach will
be removed and replaced to incorporate a smooth transition to the bridge structure,
and as required, to accommodate relocation of underground utilities.
• Concrete sidewalks and ramps will be removed and replaced to accommodate the
new bridge structure and comply with ADA design standards.
• The existing landscape and irrigation improvements will be removed and replaced in
kind.
• The existing roadway signs and pavement marking will be removed and replaced in
kind.
• All active utilities will remain in use through the construction of the project. Temporary
relocation of utilities may be necessary to facilitate bridge removal and reconstruction.
• Concept Stage Construction and Traffic Handling Plans will be developed to illustrate
the 2-stage construction alternative. The Concept Stage Construction and Traffic
Handling Plans will require final City concurrence prior to initiation of the final PS&E.
5.1 UTILITY COORDINATION
Consultant will identify utilities for rerouting or realignment based on utility research and
perform potholing investigations. A total of six (6) potholes are anticipated.
Consultant will prepare Utility Location Plans and develop a utility conflict matrix identifying
conflicts with the project. The utility conflict matrix will be provided to the City. Consultant
will coordinate and work closely with the City and the anticipated involved utility companies
(Southern California Edison (SCE), Time Warner Cable (TWC), and Southern California Gas
Company (SCGC) to determine the need to relocate impacted lines. Consultant will
coordinate and attend up to eight project coordination meetings assuming two with each utility
Michael Baker International, Inc. Page A-15
owner. It is assumed the utility companies (SCGC, SCE and TWC) will perform relocation
design (interim/permanent) for their own facilities. Consultant will prepare the relocation
design for the City -owned facilities (water and sewer) if required. Plans for any extension of
utility service facilities up to the designated service point of connection will be prepared by
the utility company.
An allowance has been provided to perform six (6) potholes of existing utilities and prepare
and distribute utility base maps to affected utilities. Pothole locations shall be approved by
the City prior to potholing. A pothole location map will be prepared summarizing the planned
pothole locations.
A utility relocation feasibility study will be prepared to evaluate existing systems and optimize
relocations. Consultant will prepare utility record drawing request letters under City letterhead
for City to mail to utility owners.
If utilities are required to be relocated, City and utility owners will provide the prior rights
determination. It is assumed the City will also prepare a Utility Relocation Agreement (URA)
and Joint Use Agreement (JUA) or Consent to Common Use Agreement (CCUA) for each
prior right utility relocation within City right-of-way, as applicable. The City will also be
responsible for all negotiations with the utility companies for cost responsibility, notices to
relocate and processing the URA's for approval. URA's will also be prepared by the City for
non -prior rights utility relocations.
5.2 GEOTECHNICAL ENGINEERING
Geotechnical engineering services will be provided by Earth Mechanics, Inc. (EMI). The new
bridge will consist of single span with a length of about 56 feet. The new abutments are
assumed to be supported on 24-inch Cast -in -Drilled -Hole (CIDH) secant piles connected to
a pile cap.
It is anticipated that the liquefaction potential of the onsite soils to be high. The near -surface
soils are also anticipated to be highly compressible. The liquefiable and compressible soils
will require additional foundation design efforts as compared to a similar bridge founded on
competent soils.
Geotechnical Field Investigation: The proposed field investigation includes the following:
Design Element No. of Borings Approx. Boring Depth
Bridge Abutments and 2 70 feet or refusal
new Seawalls 7
The borings will be located on each side of the existing bridge along the roadways. The
borings will be performed at the approach with traffic control. Boreholes will be excavated
using a hollow -stem auger or rotary -wash drill rig. Spoils will be mixed with cement for
backfilling the boreholes. Asphalt concrete cold -patch or quick -set Portland cement concrete
will be used to replace paving that will be removed to conduct the borings. Positions and
ground surface elevations at the boring will be surveyed by others, if required.
Michael Baker International, Inc. Page A-16
EMI will prepare a boring location plan. This plan will be provided to the City and Consultant,
prior to the field investigation, for the purpose of securing the required encroachment permits.
EMI will secure a permit from the City.
EMI field personnel will collect soil samples for laboratory testing at a vertical interval of 5 feet
or 10 feet. Samples of subsurface soils will be logged during the field investigation, secured
in their containers or collected in plastic bags, and transported to the EMI laboratory.
Traffic control will be established in accordance with the Work Area Traffic Control Handbook.
It is our assumption that traffic control plans will not be required by the City for the
geotechnical investigations.
Laboratory Testing: EMI will select representative soil samples for laboratory testing. Various
laboratory tests will be performed to determine or derive physical and engineering
characteristics of soils. The anticipated laboratory soil tests include: in -place moisture and
density, Passing #200 Sieve, Atterberg Limits, direct shear, unconsolidated-undrained
triaxial, consolidation, R-value and soil corrosion tests. Tests will be conducted in general
accordance with California Test (CT) methods or American Society for Testing and Materials
(ASTM) standards.
Geotechnical Engineering Analyses: Results obtained from the field investigation and
laboratory testing will be used to characterize subsurface soils and conditions and create an
idealized profile for design purposes. The following analyses will be performed for the project:
• Determine an ARS curve using the Caltrans online web -based tool, ARS Online
Version 3.0.2.
• Evaluate liquefaction potential and seismically -induced settlement.
• Evaluate liquefaction induced lateral spreading at the approaches.
• Determine axial capacity of piles.
• Provide lateral pile resistance or LPILE input parameters for the CIDH piles.
• Provide lateral earth pressure recommendations for seawalls, which are anticipated
to be sheet pile walls.
• Evaluate soil corrosivity.
• Calculate flexible pavement structural sections at the approaches.
Report Preparation: EMI will prepare a Foundation Report. The format of this report will
generally follow 2021 Caltrans Guidelines Foundation Reports for Bridges. If necessary, we
will also prepare a short technical memo for bridge type selection.
Assumptions: Hours and costs are based on the scope of work described herein and the
assumptions listed below:
• No investigation of hazardous materials. If hazardous materials are encountered
during the geotechnical field investigation, EMI will terminate our work and notify the
City.
There is no permit fee. City will allow a "no fee permit" for this work.
Canal work is limited to global stability assessment of channel slopes below the bridge
soffit.
Michael Baker International, Inc. Page A-17
• There is no Caltrans review of the foundation reports.
5.3 HYDROLOGY & HYDRAULICS REPORT
The City will provide the Consultant with an approved Hydrology & Hydraulics Report for the
Project. The Consultant will use the report as a basis of design for street improvements.
Consultant understands from discussions with the City, the existing storm drain systems
(inlets, catch basins, outlets) are sufficient in size without requiring modification. It should be
noted that the existing catch basin located on Park Avenue near the Collins Island Bridge will
be taken out of service with the street improvements. Consultant understands the remaining
catch basins in the area can handle the flows without modification.
5.4 WATER QUALITY MANAGEMENT PLAN
A Water Quality Management Plan (WQMP) for the project improvements will be developed
with input from the City. The WQMP will be prepared per the requirements and standard
template provided by the City. The WQMP will be consistent with the requirements of the
current Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan
(LIP).
5.5 STREET IMPROVEMENT PLANS
Consultant shall prepare the following roadway improvement plans, and the plans will include
the design and profiling of all parkway curbs and roadway centerlines.
All plan types shall be completed in conformance with the latest available design, drafting,
policy and procedure manuals of the City of Newport Beach. The following is a list of plan
sheets with corresponding scale:
Task
Plan
5.5a
Title Sheet
Scale
Varies
5.5b
General Notes/Construction Notes
Varies
5.5c
Typical Cross Section
Varies
5.5d
Construction Details
Varies
5.5e
Key Map
Varies
5.5f
Plan and Profile Sheets
1" = 20`
5.5g
Storm Drain Improvement Plans
Varies
5.5h
Stage Construction and Traffic Handling Plans
Varies
5.5i
Signing and Striping Plans
Varies
5.5j
Landscape and Irrigation Plans
1" = 20'
5.5k
Erosion Control Plans
1" = 20'
Note that the professional fees established for the various types of plans are based on the
following:
All plan types for all phases will be prepared in City of Newport Beach plan format on
City of Newport Beach plan sheets. All plans will be processed through the City of
Newport Beach.
Michael Baker International, Inc. Page A-18
• The existing off -site drainage patterns will be maintained and conveyed. No interim
drainage systems are assumed to be required to maintain existing drainage patterns
in order to facilitate the construction of the roadway improvements. All
ultimate/permanent drainage systems will be shown on the storm drain plans. This
task specifically excludes maintenance agreements, environmental permits and
documentation, flood plain revisions, and CLOMR/LOMR processing.
• The drainage plans will be prepared in accordance with City of Newport Beach
Standards and Plans and supplemented with Orange County Public Works (OCPW)
Standards, Plans, and Manuals (Hydrology, Local Drainage, and Flood Control Design
Manuals). The scope work for drainage plans is based on replacing, rehabilitating,
and reconstructing the one (1) existing storm drain inlet and pipe outlet located
southeast of the existing bridge. No additional outlets are to be provided. If an
additional storm drain system (inlet, outlet, and pipe system) is required on Collins
Island, the work will be considered additional work.
• Energy dissipation such as rip rap or concrete energy dissipaters are not currently
present and will not be designed as part of this project. Pipe outlet will terminate at
the existing location wherever possible, and not be extended further into the channel.
Where the pipe outlet may be protected, and the pipe is deemed sound, the pipe outlet
will be preserved. Treatment BMP facilities as identified the WQMP (described
elsewhere) will be incorporated within the Drainage plans to the Maximum Extent
Practicable. Consultant understands that storm drain systems are owned and
maintained by the City. Transfer of the storm drain to OCPW or processing these
improvements through outside agencies such as OCPW Property Permits or the US
Army Corps of Engineers is an optional service that is not currently included in the
fees associated with this task.
• Preparation of a SWPPP and Temporary Water Pollution Control Plans and activities
associated the latest General Construction Permit are not included in this task.
• Roadway Erosion Control Plan will be for illustrative purposes only and will not be
submitted as a part of the roadway improvements plan set. The roadway erosion
control plan will be a part of the bid specifications and will be a part of the overall
Master SWPPP by the City of Newport Beach. No separate SWPPP specified for the
roadway improvements is included in this scope.
• Existing utilities will be shown on the plans per information obtained through existing
as-built/record drawings as provided by the utility companies and the City of Newport
Beach.
• All roadway edge grading will be coordinated with and join adjacent existing
improvements. The existing grade/surface condition is expected to be the base
roadway elevation for the new roadway design.
• No rehabilitative roadway grinding and overlay of existing roadway surfaces is
assumed to be included in the scope of work.
• There is one (1) existing streetlight on the east approach which will not be removed
and replaced as part of this project shall be shown per City standard and located on
separate plan sheets
• One (1) concept level stage construction and traffic handling plans will be prepared
for the replacement of Collins Island Bridge. The concept will be based upon the 2-
Michael Baker International, Inc. Page A-19
stage construction alternative developed during the Preliminary Engineering phase.
All stage construction and traffic handling will be developed per the requirements of
the City of Newport Beach, Caltrans, and CA M.U.T.C.D. Standards.
The following plans and reports are excluded from this task:
Construction Staking and Survey Control Plans
Dry Utility Relocation Plans
Street Lighting & Electrical Plans
5.6 SEAWALL PLANS
The seawall plans will be developed based on the preferred alternative from Task 2 -
Preliminary Engineering. The following plan sheets are anticipated:
• Key Plan and General Notes — 1 sheet
• Removal Plan — 1 sheet
• Wall Plan and Profiles — 1 sheet
• Typical Sections — 1 sheet
• Wall and Sidewalk Details — 1 sheet
• Miscellaneous Details — 1 sheet
50% PS&E: Upon receipt of the City's written approval of the selected wall type from Task 2,
Consultant will prepare the 50 percent plans (unchecked details). All structure design
calculations and plans will conform to City requirements. The seawalls will be designed by a
California -registered civil engineer in accordance with the applicable provisions of the USACE
Design manuals for flood walls and seawalls.
90% PS&E: Consultant shall prepare 90 percent PS&E for review and approval of the City.
The 90 percent PS&E shall include 50 percent PS&E updates, and response to comments
from the City. A complete bound set of design calculations will be prepared and submitted to
the City for review at this submittal. The Consultant will prepare itemized quantity take -off
calculations and a construction cost estimate for the seawall construction.
100% PS&E: Following the reviews by the City, agreed upon revisions shall be made to the
90% PS&E. The specifications, half-size plans, and other bid documents will be submitted to
the City for final approval.
5.7 BRIDGE REPLACEMENT PLANS
The bridge plans will be developed based on the preferred alternative from the Preliminary
Design phase. The storm drain discharge system consisting of concrete walls near the east
bridge abutment will be included in the bridge plans. The scope of work is based upon a new
bridge (either cast -in -place or pre -cast concrete) placed over the existing concrete bridge
containing existing utilities. The scope of work is based upon a new single span bridge (either
cast -in -place or pre -cast concrete), the existing bridge will be demolished, and the existing
utilities will be relocated into the new bridge.
Michael Baker International, Inc. Page A-20
50% PS&E: Upon receipt of the City's written approval of the selected bridge type from Task
2, Consultant will prepare the 50 percent plans (unchecked details). All structure design
calculations and plans will conform to City requirements. The bridge will be designed by a
California registered civil engineer in accordance with the applicable provisions of the
following manuals:
• Caltrans Bridge Design Specifications (LRFD);
• Caltrans Seismic Design Criteria (SDC);
• Caltrans Bridge Memos to Designers; and
• Caltrans Bridge Design Aids;
A set of draft plans (unchecked details) will be prepared in AutoCAD in accordance with the
applicable provisions of the following Caltrans manuals and in conformance with City
requirements:
• Caltrans Bridge Design Details;
• Caltrans Plans Preparation Manual; and
• Caltrans Plans, Specifications, and Estimates (PS&E) Guide
The following bridge plan sheets are anticipated:
• General Plan — 1 sheet
• Index to Plans — 1 sheet
• Concrete Removal — 1 sheet
• Foundation Plan — 1 sheet
• Abutment Layout & Details — 2 sheets
• Typical Section — 1 sheet
• Slab/Girder Details — 3 sheets
• Joint Details — 1 sheet
• Barrier Details — 1 sheet
• Utility Details —1 sheet
• Miscellaneous Bridge Details — 2 sheets
• Log of Test Borings
90% PS&E: Consultant shall prepare 90 percent PS&E for review and approval of the City.
The 90 percent PS&E shall include 50 percent PS&E updates, response to comments from
the City, and the bridge independent check. A complete bound set of design calculations will
be prepared and submitted to the Client for review at this submittal.
The Special Provisions for the bridge will be based upon Caltrans Standard Special
Provisions (SSP's). Consultant will prepare technical Special Provisions for bidding to be
included by the client in their bid documents. It is understood the City will incorporate the
Caltrans Standard Specifications and project SSP's into their bid documents (i.e. Notice to
Contractors, Instructions to Bidders, Contractor Forms, etc.) and coordinate the specifications
with any other non -bridge bid items.
The Consultant will prepare itemized quantity take -off calculations and a construction cost
estimate for the bridge construction.
Michael Baker International, Inc. Page A-21
100% PS&E: Following the reviews by the City, agreed upon revisions shall be made to the
90% PS&E. The specifications, half-size plans, and other bid documents will be submitted to
the City for final approval.
Final PS&E: After receipt of final approval, an original set of stamped and signed plans and
an engineer's estimate will be submitted to the City for its use in developing bid documents
and soliciting construction bids. The Consultant shall provide the quantity calculations to the
City for use in administering the contract.
5.9 WATER AND SEWER RELOCATION PLANS
Consultant will prepare improvement plans for the domestic waterline and sewer force main
pipeline relocation. The limits are approximately 100 linear feet of 8-inch diameter water main
and approximately 100 linear feet of 4-inch force main along the proposed Collins Island
replaced bridge. It is assumed that the waterline and sewer line relocation plans will be
included as a part of the bridge replacement plan set. The pipeline will be designed to meet
the design standards and requirements of the City. We expect that the pipelines will be
installed in the bridge cell or along the bridge side with appropriate casing design. Air release
valves may be required. It is anticipated that seven (7) plan sheets will be required as noted
below:
• Abbreviations, Legend, Sheet Index and Symbols — 1 sheet
• General Notes and Standard Water Notes — 1 sheet
• Water Line Plan and Profile— 1 sheet
• Sewer Force Main Plan and Profile— 1 sheet
• Connection Details and Typical Sections— 2 sheets
• Temporary Bypass Plan (if applicable) — 1 sheet
5.10 TECHNICAL SPECIFICATIONS
Consultant shall develop technical specifications as special provisions in conformance with
City's format. This scope of work shall include the preparation of the technical specifications
as referenced to the latest edition of the "Greenbook" Standard Specifications for Public
Works Construction.
Consultant shall develop contract documents in conformance with City's format. The City will
provide a standard bid/contract document template for use in preparing the final project
bid/contract documents, and the City will provide all regulatory and agency permits and
reference materials to be included in the City's standard contract documents.
5.11 COST ESTIMATES
Consultant will prepare a final estimate of construction quantities and costs based upon the
approved final drawings utilizing the current edition of the Caltrans Contract Cost Data book
and recent construction bid information. The specific construction items will be verified with
contractors and up-to-date construction management cost data to account for current cost
increases and material cost trends. The final detailed engineer's estimate of the project costs
will be structured per City format.
Michael Baker International, Inc. Page A-22
5.12 PLAN CHECK REVISIONS/APPROVALS/LOCAL AGENCY PERMITS
Consultant will process the completed plans for the purpose of securing appropriate
approvals and permits from the City as required.
Consultant will receive written comments and draft a response to City comments at one time.
Consultant will then meet with the City to resolve outstanding issues relative to comments.
Consultant will then prepare final dispositions for each review comment for submittal to the
City. Consultant will make revisions to PS&E documents following plan check for second
plan check submittal and provide final revised quantity take -offs and cost estimates. When
revisions have been made, Consultant will obtain signatures and provide the requested
number of stamped plans to the City.
Plans will be submitted as follows:
• 35% (Preliminary Design to City) — 11x17 bond
• 50% — 11 x17 bond
• 90% — 11 x17 bond
• 100% (Final to City) — 11x17 bond and 24x36 bond
ASSUMPTIONS.-
1. No aerial topography is included in this scope of work.
2. A Traffic Management Plan (TMP) is not anticipated for this project.
3. Phase II hazardous waste assessments and implementation of environmental
mitigation measures are not included in this scope of work.
4. No new fire hydrants shall be assumed to be required for this scope of work.
5. The City shall contract separately with a right-of-way agent to facilitate right-of-way
appraisal and acquisition, if required.
6. Boundary and centerline surveys and right-of-way monumentation after construction
are not a part of this scope.
TASK 6 — CONSTRUCTION SUPPORT
6.1 CONSTRUCTION BIDDING PHASE SUPPORT
Consultant will provide construction bidding phase support services during the contract
advertising period. Consultant will attend one (1) pre -bid meeting and develop contract
documents in conformance with City's format. Preparation of a response to bidder questions
and preparation of one (1) addendum document is included in this scope. City shall provide
required permits and reference materials to be included in the standard contract documents.
6.2 ENGINEERING SUPPORT DURING CONSTRUCTION
Consultant may be asked to provide design services during construction as noted below
including reviewing submittals, responding to Requests for Information (RFI), shop drawings,
and preparation of As-Builts. We anticipate a Construction Manager and Resident Engineer
(RE) will be hired by the City for this Project. The RE should be able to review contractor
submittals but there may be a need to consult with the Engineer of Record in some cases.
Michael Baker International, Inc. Page A-23
The fee is based upon one review of each submittal and one back -check of re -submittals.
Incomplete submittals will not be accepted for initial review. Multiple reviews of re -submittals,
which do not adequately address the initial review comments, are not included in the fee. The
following items are included in the scope of this task:
• Utility Coordination (16 hours)
• Environmental Permit Coordination (12 hours)
• Shop Drawings for materials such as Concrete Mix Designs, Sheet Pile Reviews (140
hours)
• Abutment Secant Pile Reviews (24 hours)
• Bridge Concrete Pour Sequencing (8 hours)
• RFI Support (200 hours)
• As -Built Drawing preparation (60 hours)
Consultant shall provide responses to contractor's Requests for information (RFI) regarding
the plans and specifications forwarded to the Consultant by the City or RE. Regularly
scheduled construction observation is specifically excluded from this task.
A budget amount of 540 hours has been allocated to this task. Beyond this budget specific
fee authorization is required from the City prior to commencement of work.
Michael Baker International, Inc. Page A-24
EXHIBIT B
SCHEDULE OF BILLING RATES
Classification
Project Manager
Hourly Rate
$315.00
Technical Manager
$250.00
Structural Engineer
$225.00
Sr. Engineer, Sr. Planner, Sr. Surveyor, QA/QC
Tech Manager, Sr. Landscape Architect
$200.00
Landscape Architect
$180.00
Project Engineer, Project Planner, Landscape
Architect, Project Surveyor
$180.00
Environmental Specialist
$165.00
Design Engineer, Sr. Designer, Mapper,
Regulatory Specialist
$165.00
Designer/Planner
$136.00
Design Tech, Environmental Analyst, Admin
$120.00
2-Person Survey Crew
$305.00
Total Not -to -Exceed: $1,081,297.00
Michael Baker International, Inc. Page B-1
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 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.
Michael Baker International, Inc. Page C-1
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
Michael Baker International, Inc. Page C-2
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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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.
F. 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 -
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insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. 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.
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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