HomeMy WebLinkAboutC-2215(E) - Preparation of Environmental Document and Preliminary Plans for Coa st Highway Widening from Bayside Drive to MacArthur Boulevard (Local Agency-State Agreement No. 07-5151)w
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
March 6, 1981
TO: FINANCE DIRECTOR
FROM: Citv Clerk
SUBJECT: Contract No. 2215 E
Description of Contract Professional Engineering Services
for Coast Highway— Westbound Lane Extension between Upper
Newport Bay Bridge to Bayside Drive.
Effective date of Contract March 5, 1981
Authorized by Resolution No. 9899 , adopted on 10 -14 -80
Contract with Alderman, Swift and Lewis Consulting Engineers
Ad r. e s s see contract
Amount of Contract not greater than $11,900.00
Wanda E. Andersen
City Clerk
wEA:bf
City Hall • 3300 Newport Boulevard. Newport Beach, California 92663
AGREEME10OR PROFESSIONAL ENGINEERING SOCES
1 FOR
COAST HIGHWAY -- WESTBOUND LANE EXTENSION
BETWEEN
UPPER NEWPORT BAY BRIDGE TO BAYSIDE DRIVE
THIS AGREEMENT is made and entered into this ) rt4 day of
M P,RCJ4 , 1981, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "CITY," and the firm of ALDERMAN, SWIFT
AND LEWIS, CONSULTING ENGINEERS, hereinafter referred to as "ENGINEER."
W I T N E S S E T H
WHEREAS, the CITY intends to prepare engineering plans for the ex-
tension of a fourth westbound travel lane on Coast Highway from the Upper
Newport Bay Bridge to Bayside Drive, hereinafter referred to as "PROJECT "; and
WHEREAS, ENGINEER has submitted a proposal to CITY (dated February 19,
1981) to perform engineering services in connection with the preparation of
engineering plans; and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
agree as follows:
I. General
A. CITY engages ENGINEER to perform the services hereinafter
described for the compensation herein stated.
B. ENGINEER agrees to perform said services upon the terms
hereinafter set forth.
II. Services to be performed by ENGINEER
ENGINEER hereby agrees to perform the following services:
A. Conduct field investigation work and required utility co-
ordination efforts, prepare right -of -way calculations, study
retaining wall /slope alternatives, and provide material
quantities and cost estimates relating to the PROJECT.
B. Prepare complete engineering plans using Caltrans design
criteria for:
1. Storm drain modification.
2. Vertical and horizontal roadway alignment
3. Traffic signal modification.
4. Traffic channelization modification.
5. Retaining wall.
6. Roadway lighting modification.
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a C. 'Provide ten (10) copies of engineering plans.
III. Duties of CITY
CITY hereby agrees to supply ENGINEER with the following infor-
mation and materials:
A. Available right -of -way documents, maps, survey information,
and State coordinate control maps.
B. Copies of previous alignment studies, hydrology studies,
and reports of the PROJECT area.
C. Copies of existing improvement plans, and utility informa-
tion for water, lighting and sewer systems in the PROJECT
area.
IV. Time of Completion
The final plans and other documents shall be submitted to the
Public Works Director of the CITY for final review by
April 1, 1981.
V. Ownership of PROJECT Documents
Original drawings, reports, notes, maps, and other documents
shall become the property of the CITY and may be reproduced
and utilized as deemed necessary by the Public Works Director.
VI. Right of Termination
CITY reserves the right to terminate this Agreement at any time
by giving ENGINEER seven (7) days' prior written notice; notice
shall be deemed served upon deposit in the United States Mail,
postage prepaid, addressed to the ENGINEER's business office
at 1201 East Warner Avenue, Santa Ana, California 92705. In
the event of termination due to errors, omissions, or negligence
of ENGINEER, CITY shall be relieved of any obligation to compen-
sate ENGINEER for that portion of the work affected by such
errors, omissions, or negligence of the ENGINEER. If this
Agreement is terminated for any other reason, CITY agrees to
compensate ENGINEER for the actual services performed up to the
effective date of the notice of termination, on the basis of
the fee schedule contained herein.
VII. Fee Schedule and Payment
In consideration of the performance of the above - described
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engineering services, CITY hereby agrees to pay ENGINEER an
a. .
amount based upon the hourly rate schedule set forth below.
In no event shall said amount be greater than Eleven Thousand
Nine Hundred Ninety Dollars ($11,990.00) except as otherwise
provided herein.
A. Hourly rates for office and field personnel shall be as
follows:
CLASSIFICATION
PER HOUR
P rincipal in Charge of Project
$60.00
Principal Supporting any other Principal
in Charge of Project
$55.00
Senior Traffic and Transportation
Engineer
$50.00
Chief Structural Engineer
$50.00
Project Engineer
$50.00
Registered Engineer
$42.00
Designer
$36.00
Designer /Draftsperson
$36.00
Senior Construction Inspector
$30.00
Construction Inspector
$30.00
Draftsperson
$30.00
Typist
$18.00
Technician
$15.00
Survey travel time $30.14
Survey vehicle allowance (per day) $10.00
B. The contract amount shall be paid to ENGINEER as follows:
1. Monthly partial payments shall be based on the amount
earned each month, as determined by the fee schedule.
2. In addition, CITY agrees to reimburse ENGINEER for the
actual cost of reproduction of copies of said plans
and related documents, materials' costs related to survey
work, and other related costs authorized in advance by the
Public Works Director and advanced by ENGINEER.
IX Additional Work
Should Engineer complete any additional work not outlined in
this Agreement, but authorized by CITY, the extra work shall
be performed on an hourly basis in accordance with the
hourly rate standard fee schedule set forth in Section VII
(Fee Schedule and Payment) above.
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X.,_HoldHarmless
ENGINEER shall indemnify and save harmless CITY and its
officers and employees from any damage or liability arising
from any errors, omissions, or negligence in the ENGINEER's
performance of the engineering work and services required by
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the date first above written.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH
� )
By vv
City Manager
ALDERMAN, SWIFT AND LEWIS,
CONSULTING ENGINEERS
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CITY OF NEWPORT BEACH
Date 10 -24 -80
TO: Public Works Department
FROM: City Clerk
SUBJECT: Contract No. 2215 (E) (S)
Project Coast Highway Widening frnm Ragnido n1 _ to
MacArthur Blvd.
Attached is signed copy of subject contract for transmittal to the contractor.
Contractor: (2215E) Alderman, Swift & lewis (22155) CALTRANS
1201 E. Warner Ave.
Address: Santa Ana, Calif,.92705
Amount: $ see contract
Effective Date: 10 -15 -80
Resolution No. R -9899 (C-2211;g ART.)
R -9900 (C -2215S CALTRANS)
A", Doris Geo e
Att.
cc: Finance Department
City Ilall 3300 Newport Boulevard, Newport Beach, California 92663
w •
October 8, 1980 ) ,�
TO: CITY CLERK
FROM: Public Works Department
SUBJECT :' - "ArA'FtMENTS FOR COAST HWY WIDENING FROM
BAYSIDE DRIVE4 TO MAC ARTHUR BOULEVARD
Attached ari ' hree copies of subject agreements
Please have executed on behalf of the City, retain
your =copy and return the remaining copies to
this department.
ll�
Horst Hlawaty
Cooperative Projects Engineer
HH:em
Att.
City of Newport
cal Agency Wal Agency
Date. October 9. 1980
Supplement No. 4
To Local Agency -State
Agreement No. 07 -5151
PROGRAM
OF
LOCAL AGENCY FEDERAL AID URBAN SYSTEM PROJECTS
IN THE
CITY OF NEWPORT BEACH
Local Agency
Pursuant to the Federal Aid for Urban Systems Acts, the attached
"Program" of Federal Aid Urban System Projects marked "Exhibit B" is hereby
incorporated in that Master Agreement for the Federal -Aid Program, which
was entered into between the above -named LOCAL AGENCY and the STATE on
Auaus-t 11. 1977 , and is subject to all of the terms and
conditions thereof.
The subject program is adopted in accordance with Paragraph 2 of
Article II of the aforementioned agreement under authority of City/ZNQKyx
Resolution No. 9900 approved by the City Council / xgk
9wmrxAx=Exon October 14, 19A0 (see copy attached).
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Approved for State
District Director of Transportation
District 07
Department of Transportation
DLA -411 (10 /80)
Local Agency
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B GsP
Title Mayor
Attest: ,/1 ti.4 J�
Date
Clerk
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AGREEMENT #5151- 1980 -1
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FOR
COAST HIGHWAY (SRI) WIDENING
I
NEWPORT BOULEVARD (SR55) TO MAC ARTHUR BOULEVARD (SR73)
THIS AGREEMENT is made and entered into this /546
day of l 1980, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as "CITY ",
and the firm of ASL CONSULTING ENGINEERS, INC., a California
Corporation, hereinafter referred to as "ENGINEER ".
W I T N E S S E T H
WHEREAS, CITY intends to prepare an Environmental Impact
Statement (EIS) for the improvement of Coast Highway from Newport
Boulevard to Mac Arthur Boulevard, and Preliminary Plans for the
widening of Coast Highway from Bayside Drive to Mac Arthur Boule-
vard, hereinafter referred to as "EIS" and "PRELIMINARY PLANS"
respectively; and
WHEREAS, ENGINEER has submitted a proposal dated June 6,
1980 to CITY to perform the professional engineering services in
conjunction with the preparation of said EIS and PRELIMINARY PLANS;
and
WHEREAS, CITY desires to accept said proposal;
NOW THEREFORE, in consideration of these premises, the
parties hereto agree as follows:
I. General
A. CITY engages ENGINEER to perform the serv-
ices hereinafter described in Exhibit "A"
for the compensation herein stated.
B. ENGINEER agrees to perform said services
upon the terms and conditions hereinafter
set forth.
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C. ENGINEER represents that it employs, or
will employ, at its own expense, all per-
sonnel required in performing the services
required under this Agreement.
D. ENGINEER agrees that all services required
hereunder will be performed under his dir-
ect supervision, and all personnel engaged
in the work shall be fully qualified and
i
shall be authorized or permitted under
State and local law to perform such services.
The ENGINEER shall not sublet or transfer
any work except as otherwise provided herein.
E. ENGINEER shall comply with all Federal, State
and local laws and ordinances applicable to
the work.
II. Services to be Performed by ENGINEER
ENGINEER hereby agrees to perform all the services
as outlined in Exhibit "A" attached hereto and by
this reference made a part hereof.
III. Duties of CITY
CITY hereby agrees to supply ENGINEER all informa-
tion, materials, data, reports, records and maps
as are existing and available from the CITY, and
necessary for carrying out the work outlined in
Exhibit "A" hereof, without charge by CITY and
CITY shall cooperate in every way reasonable in
carrying out the work without delay. Such in-
formation and materials shall include but not be
limited to:
A. Any hydrological, air quality, traffic or
geotechnical data relating to the EIS and
PRELIMINARY PLANS.
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B. Mylar plan and profile or plain sheets for
the preparation of PRELIMINARY PLANS and
exhibits for the EIS.
C. Consultation with ENGINEER as required to
accomplish completion of the EIS and PRE-
LIMINARY PLANS.
IV. Ownership of Documents
Original drawings, reports, notes, maps, and
other documents relating to the EIS and PRELIM-
INARY PLANS shall become the property of the
CITY and may be reproduced as deemed necessary
by the Public Works Director or his designated
representative.
V. Engineer in Charge
J. Richard Smith, RCE No. 16602, shall be the
Engineer in Charge of EIS and PRELIMINARY PLAN
preparation. In the event of termination of the
Engineer in Charge, the designated replacement
shall be a licensed Civil Engineer in the State
of California and subject to review and concur-
rence by CITY.
VI. Right of Termination
A. CITY may terminate this Agreement at any time
for its own convenience by giving written
notice to ENGINEER of such termination and
specifying the effective date thereof, at
least fifteen (15) days before the effective
date of such termination. In that event, all
finished or unfinished documents and other
materials shall, at the option of CITY, be-
come its property. If this Agreement is term-
inated by CITY as provided herein, ENGINEER
will be paid a total amount equal to his actual
costs as of the termination date.
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.
Actual costs shall
in0de
labor
costs,
employee
benefits, overhead,
other
direct
costs
and
pro -rata amount of fee shall be as set forth
in Exhibit "B" but not to exceed the maximum
fee set by this Agreement, under Section IX,
following.
B. CITY may, by written notice to ENGINEER, term-
inate the whole or any part of this Agreement
in any of the following circumstances:
1. If ENGINEER fails to perform the ser-
vices called for by this Agreement within
the time specified herein or any exten-
Sion thereof; or
2. I£ ENGINEER fails to perform the ser-
vices called for by this Agreement or so
fails to make progress as to endanger
performance of this Agreement in accord-
ance with its terms, and in either of
these two circumstances does not correct
such failure within a period of ten (10)
days (or such longer period as CITY may
authorize in writing) after receipt of
notice from CITY specifying such failure.
In the event CITY terminates this Agree-
ment in whole or in part as provided
above, CITY may procure, upon such terms
and in such manner as it may determine
appropriate, services similar to those
terminated.
Furthermore, if this Agreement is term-
inated as provided above, CITY may require
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ENGINEER to provide all finished or un-
finished documents, data, studies, ser-
vices, drawings, maps, photographs, re-
ports, etc., prepared by ENGINEER. Upon
termination as provided above, ENGINEER
shall be paid a total amount equal to the
value of the work performed. In ascer-
taining the value of the work up to the
date of termination of this Agreement,
consideration shall be given to both
completed work and work in progress, to
complete and incomplete drawings, and to
other documents whether delivered to CITY
or in possession of ENGINEER and to author-
ized reimbursable expenses.
If, after notice of termination of this
Agreement under the provisions outlined
herein above it is determined for any
reason that ENGINEER was not in default
under the provisions of this Section VIB,
or that the default was excusable under
the provisions of Subsection VIB, then
the rights and obligations of the parties
shall be the same as if the notice of
termination has been issued pursuant to
Subsection VIA.
VII. Coordination
ENGINEER shall work closely and cooperate fully with
Public Works Director or his designated representa-
tive, Caltrans, and FHWA. The Public Works Director
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or his designated representative shall be the prin-
cipal officer of CITY for liaison and shall con-
0 stantly review and give his approval of the details
of the work as it progresses, subject to overall
review by Caltrans and FHWA.
Reviews at appropriate stages of the work may be
made by CITY, Caltrans and FHWA.
VIII. Time of Completion
The execution of the Agreement by the parties here-
to constitutes an authorization to proceed. The
work required as set forth in Exhibit "A" shall com-
mence within ten (10) calendar days of the CITY's
written notification to proceed and shall be completed
in accordance with the Milestone Schedule attached
hereto as Exhibit "C" within five hundred and seventy
(570) calendar days contingent upon actual review and
approval time requirements.
If the work is delayed at any time by reason of a
suspension ordered by CITY or because of any other
act of CITY, or if the work should be delayed at any
time by reason of strikes, acts of God, the public
enemy, fire, floods, epidemics, quarantine restric-
tions, freight embargoes, abnormal force, violence
of the elements, or for any other unforeseeable
cause beyond the control and without the fault or
negligence of ENGINEER, or for any other reason which,
in the opinion of CITY is proper justification for
such delay, then ENGINEER shall be entitled to an
extension of time equivalent to the time actually
lost by such delay.
ENGINEER shall file a written request with CITY
for extension of time within ten (10) days follow-
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ing the beginning of such delay and failure to do
so shall constitute a waiver thereof; provided,
that in case of a continuing cause of delay only
one claim will be necessary. CITY shall decide
whether and to what extent any extension of time
shall be allowed.
A request for an extension of time or granting of
an extension of time shall not constitute a basis
for any claim against CITY for additional compensa-
tion. ENGINEER shall be deemed to have waived any
claim for additional compensation and does hereby
so waive any such claim unless he shall, at the
time of filing a request for an extension of time,
likewise file a claim for additional compensation
on account of such delay.
IX. Fee Schedule and Payment
The basis of payment for the services provided under
this Agreement shall be cost - plus -a- net -fee.
A. The CITY shall reimburse the ENGINEER for actual
costs (including labor costs, employee benefits,
overhead and other direct costs) incurred by the
ENGINEER in performance of the work, in an amount
not to exceed $164,908 exlusive of any net fee.
Actual costs shall not exceed the estimated maximum
wage rates and other costs as set forth in Exhibit
"B ", attached hereto.
B. In addition to the costs referred to in Section IX A
above, the CITY shall pay the ENGINEER a net fee
of $15,695. Said net fee shall not be altered .
unless there is significant alteration in the scope,
complexity or character of the work to be performed.
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C. The ENGINEER shall be reimbursed for actual travel
expenses incurred in the performance of this
work, including the use of private cars at the
rate of twenty -two (22) cents per mile, while
traveling away from the ENGINEER'S headquarters
which is hereby designated as Santa Ana, Cali-
fornia - in addition ENGINEER'S personnel shall
be reimbursed for per diem expenses at a rate not
to exceed that currently authorized for State
employees under State Board of Control rules and
regulations.
D. Total expenditures made under this contract in-
cluding the net fee shall not exceed the sum of
$180,603.
E. ENGINEER's actual costs, direct and indirect,
eligible for Federal participation in cost-plus -
a -net fee contracts shall be allowable under the
provisions of subpart 1 -15.2, Federal Procurement
Regulations, Principles, and Procedures for Use
in Cost Reimbursement Type Supply and Research
Contracts with Commercial Organizations.
F. CITY agrees to pay the ENGINEER for services
rendered under this agreement in accordance with
the following provisions:
1. ENGINEER shall submit to CITY during each
month of the term of this Agreement, a cer-
tified invoice for allowable costs as described
in Section IX A above incurred in the perform-
ance of this Agreement plus a pro -rata portion
of the net fee as described in Section IX B
above.
2. Promptly after the receipt of each invoice,
but in no event later than thirty (30) days
after this receipt and approval, CITY shall
make a partial payment based on the invoice
amount of allowable costs.
X. Project Scope Revisions
No change in the character, extent, or duration of
the work to be performed by ENGINEER shall be made
except by a supplemental agreement in writing between
CITY and ENGINEER and approved by Caltrans. The sup-
plemental agreement shall set forth the changes of
work, the extensions of time and the adjustments of
the fee to be paid by CITY to ENGINEER, if an. In
special cases where it is essential that extra work or
changes in work be performed immediately, execution of
the supplemental authority covering such change shall
be accomplished as soon as practicable.
XI. Hold Harmless
ENGINEER shall indemnify and save harmless CITY the
State of California and the Federal Government and
their officers and employees, from any damage or lia-
bility arising from any errors, omissions, or negli-
gence in ENGINEER's performance of this Agreement, or
in the engineering work or services herein provided.
XII. Subcontracts
ENGINEER shall not subcontract any portion of the work
required by this Agreement, except as expressly stated
in Exhibit "B" without prior approval of CITY and
Caltrans.
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XIII. Cost Accounting and Audits
ENGINEER and his subconsultants shall maintain complete
and accurate records with respect to costs incurred
under this Agreement to include the records supporting
cost proposals used to enter into a contract with CITY.
All such records shall be maintained on a generally ac-
cepted accounting basis and shall be clearly identi-
fiable. ENGINEER and his subconsultants shall make
available to the representative of CITY, Caltrans, and
FHWA, or their appointees, during normal business hours,
all such bonds and records, and the right to examine
and audit the same, and to make transcripts therefrom
as necessary, and the ENGINEER and his suconsultants
shall allow inspection of all work data, documents,
proceedings, and activities related to the Agreement
for a period of four (4) years from the date of final
payment under this Agreement. ENGINEER and his sub -
consultants shall maintain records to show actual time
and allowable costs with respect to each task set forth
in the Exhibit "A" as required by Caltrans and FHWA.
ENGINEER shall permit the authorized representative of
CITY, the U.S. Department of Transportation and Comp-
troller General of the United States to inspect and
audit all data and records of ENGINEER relating to
his performance under this contract.
Reviews at appropriate stages during the work may be
made by CITY, Caltrans, and FHWA.
XIV. Non - solicitation Warranted
ENGINEER warrants that he has not employed or retained
any company or person, other than a bona fide employee
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working solely for the consultant, to solicit or secure
this Agreement, and that he has not paid or agreed to
pay any company or person, other than a bona fide em-
ployee working solely for the consultant, any fee, com-
mission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the
award or making of this Agreement. For breach or'vio-
lation of this warranty, CITY shall have the right to
annul this Agreement without liability or in its dis-
cretion to deduct from the contract price or consider-
ation, or likewise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or
contingent fee.
XV. Conflict of Interest
Prohibited interests are as follows:
No officer, member or employee of CITY during his
tenure or one year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds
thereof.
The parties hereto covenant and agree that, to their
knowledge, no member of the City Council, officer or
i
employee of CITY has any interest, wheter contractural,
non - contractural, financial or otherwise, in this trans-
action, or in business of the contracting party other
than CITY, and that if any such interest comes to the
knowledge of either party at any time, a full and com-
plete disclosure of all such information will be made in
writing to the other party or parties, even if such
interest would not be considered a conflict of interest
under applicable laws. ENGINEER hereby covenants that
he has, at the time of the execution of this Agreement,
no interest, and that he shall not acquire any interest
in the future, direct or indirect, which would conflict
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in any manner of degree with the performance of services,
• required to be performed pursuant to this Agreement.
ENGINEER further covenants that in the performance of
this work, no person having any such interest shall be
employed.
XVI. Congressional Conflict of Interest
Interest of member of or delegates to Congress shall
be restricted as follows:
No member of or delegate to the Congress of the United
States nor any Resident Commissioner shall be admitted
to any share or part of this Agreement or to any bene-
fit arising therefrom.
XVII. Civil Rights Act
A. Compliance with Civil Riqhts Act. In connection
with the execution of this contract, ENGINEER
shall not discriminate against any employee or ap-
plicant for employment because or race, religion,
color, sex or national origin., ENGINEER shall
take affirmative actions to insure that applicants
are employed and that employees are treated during
their employment, without regard to their race,
religion, color, sex or national origin. Such
actions shall include, but not be limited to, the
following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising;
layoff or termination; rates or pay or other forms
of compensation; and selection for training, includ-
ing apprenticeship.
The applicable provisions of Executive Order 11246
relating to Equal Employment Opportunity by this
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reference are incorporated herein and made a part
hereof. Wherever the work "contractor" appears
in said Executive Order, it shall mean ENGINEER.
B. Non - discrimination Civil Riqhts Act of 1964.
ENGINEER, with
it after award
contract work,
the Department
discrimination
the Department
regard to the work performed by
and prior to completion of the
will comply with the regulations of
of Transportation relative to non -
in federally- assisted programs of
of Transportation (49CFR21).
C. Solicitations for Subcontracts, includir
Procurements of materials and Equipment.
In all solicitation, either by competitive bidding
or negotiation, made by ENGINEER for work to be
performed under a subcontract, including pro-
curement of materials or leases of equipment,
each potential subcontractor, supplier, or lessor
shall be notified by ENGINEER of ENGINEER's ob-
ligations under this contract and the regulations
relative to non - discrimination on the ground of
race, religion, color, sex or national origin.
D. Information and Reports.
ENGINEER will provide all information and reports
required by the Caltrans or FHWA regulations or
orders and instructions issued pursuant thereto
and will permit access to its books, records,
accounts, and other sources of information, and its
facilities as may be determined by CITY, Caltrans,
or FHWA to be pertinent to ascertain compliance
with such regulations, orders, and instructions.
Where any information required of an ENGINEER is
in the exclusive possession of another who fails
or refuses to furnish this information ENGINEER
- 13 -
0.
d..
shall so certify to CITY, Caltrans or FHWA as ap-
propriate and shall set forth what efforts it has
made to obtain the information.
E. Sanctions for Non - compliance.
'In the event of ENGINEER's non - compliance with the
non - discrimination provisions of this contract,
CITY shall impose such contract sanctions as CITY,
Caltrans or FHWA may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to ENGINEER under
this contract until ENGINEER complies; and /or
2. Cancellation, termination, or suspension of
the contract, in whole or in part.
In the event that legal action is commenced
to enforce or declare the rights created under
this Agreement, the prevailing party shall be en-
titled to an award of costs and reasonable attor-
ney's fees in an amount to be determined by the
court.
XVIII. Assignment
This Agreement shall be binding on the successors and
assigned of the parties, but it shall not be assigned
by ENGINEER without the prior written consent of CITY.
XIX. Contractual Relationsh
ENGINEER shall be an independent contractor, not an
employee of CITY.
IN WITNESS WHEREOF, said parties have executed this Agree-
ment as of the date and year first above written.
ATTEST: CITY OF NEWPORT BEACH
a municipal corporation
By %q� L
City C er /7ayo
APPROVED AS TO FORM:
ASL COt UL ING ENGI^N E
_
J
By,./ / I
C ty Attorney Le W. ise President
By:
_
y N m r t. Secretary
- 14 �, ().. G �
i •
Address and phone
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
(714) 640 -2281
ASL CONSULTING ENGINEERS
1201 East Warner Avenue
Santa Ana, California 92705
(714) 979 -1761
- 15 -
0
rI
CERTIFICATION OF CITY OF NEWPORT BEACH
I hereby certify.that I am the Mayor of the City of
Newport Beach and that the consulting firm of ASL CONSULTING
ENGINEERS, INC. or its representative has not been required, dir-
ectly or indirectly, as an express or implied condition in con-
nection with obtaining or carrying out this agreement to:
(a) Employ or retain, or agree to employ or retain,
any firm or person, or
(b) Pay, or agree to pay, to any firm, person, or
organization, any fee, contribution, donation,
or consideration of any kind; except as here
expressly stated (if any):
None
I acknowledge that this certificate is to be furnished
to the State of California, the Federal Highway Administration and
U.S. Department of Transportation in connection with this agree-
ment involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and
civil.
Date: 5 /9,�_ Yi���L.[.fCFiZ�
�— ayo I City of Newport Beach
0
0
0
CERTIFICATION OF ENGINEER
I HERESY CERTIFY that I am the Vice President and duly
authorized representative of the firm of ASL CONSULTING ENGINEERS,
INC. whose address is 1201 East Warner Avenue, Santa Ana, California
92705, and that neither I nor the above firm I herein represent
has:
(a) Employed or retained for a commission, percentage,
brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide em-
ployee working solely for me or the above con-
sultant) to solicit or secure this Agreement;
(b) Agreed, as an expressed or implied condition for
obtaining this contract, to employ or retain the
service of any firm or person in connection with
carrying out the Agreement; or
(c) Paid, or agreed to pay, to any firm, organization
or person (other than a bona fide employee work-
ing solely for me or the above consultant) any
fee, contribution, donation, or consideration of
any kind for, or in connection with, procuring
or carrying out the Agreement;
except as herein expressly stated (if any):
None
I acknowledge that this Certificate is to be furnished
to the State Department of Transportation in connection with this
Agreement involving participation of federal -aid highway funds and
is subject to applicable State and Federal laws, both criminal
and civil.
Date:
(S
�; 0
A.
EXHIBIT "A"
CITY OF NEWPORT BEACH
COAST HIGHWAY WIDENING
NEWPORT BOULEVARD TO MAC ARTHUR BOULEVARD
FAU PROJECT NO. 07 -ORA -1 16.25/19.80
SCOPE OF SERVI
Environmental Impact Statement
1. Introduction and Evaluation of Project
Limits (Task A -1)
(a) Sub -Task A -lA. Prepare a description of the proposed
action and alternatives which will include a discussion
of the purpose and need for the proposed action, the
technical, physical, and geographic characteristics of
the proposed action and alternatives, a description of
the existing facility and right of way, the planning
basis for the proposed location, and the anticipated
benefits of the proposed action.
(b) Sub -Task A -1B. Prepare an "Affected Environment" sec-
tion (synonymous with a "setting" or "existing condi-
tion" section). This section will provide a general
description of the surrounding area's geological, bio-
logical, cultural, and social characteristics. This
section will also describe existing public facilities
and services, circulation patterns, ambient air qual-
ity conditions, noise levels, and water quality.
(c) Sub -Task A -1C. Prepare a summary at the beginning of
the document which contains a brief description of the
proposed action, a summary of the environmental im-
pacts, a summary of major alternatives considered, and
a list of commenting agencies.
2. Inventory of Land Use Planninq (Task A -2
Compile an inventory of existing and proposed land uses for
the project area based on a field survey and review of City
plans. The scope and status of local planning programs and
processes will be described. Also, the relationship of the
proposed action to local and regional land use and public
facility plans, policies, and controls will be discussed.
This discussion will point out any conflicts or inconsis-
tencies between the proposed action and such plans.
3. Analysis of Impact of the Proposed Action
on t e Environment Task A -3
Conduct an analysis of impacts (detrimental and beneficial)
for all the alternative actions being considered.
1
0
The report will focus on those issues which are considered
the most significant. The following is a listing of the
issues to be addressed:
Issue
Geology /Soils /Seismicity
Hydrology
Water Quality
Biological Resources
Archaeological /Historical/
Paleontological Resources
Circulation /Parking
Air Resources
Noise
Socioeconomics (Relocation)
Aesthetics
Construction Impacts
Energy
Four issues (i.e. Circulation,
Economic, and Construction) are
nificant environmental, social,
Impact analysis of these issues
follows:
Circulation /Parking
Parking, Noise, Socio
expected to be of sig-
and/or political concern.
will be conducted as
Provide for a discussion of the circulation system to in-
corporate a discussion of traffic volumes and capacities
with and without the alternative actions. Potential traf-
fic impacts will be identified and if necessary mitigation
measures will be formulated. Also included will be project
justification analysis.
Conduct a parking restriction feasibility study as part
of the circulation impact analysis. A discussion and
analysis of phasing alternatives will be included.
Noise
Conduct a complete noise analysis in accordance with the
latest FHWA Traffic Noise Prediction Model. Analysis will
be conducted in both Federally required Lio, Leq descrip-
tions, as well as in CNEL. The analysis will include the
following:
(1) Information on the numbers and types of activities
which may be affected.
(2) Extent of the impact in decibels.
(3) Noise abatement measures which can reduce the noise
impact.
(4) Noise abatement measures which can be incorporated
in the project.
(5) Noise problem for which no apparent solution is
available.
V,
0 .n_
4.
5.
6.
0 0
Particular emphasis will be placed on impacts on adjacent
residential developments.
Socio- Economic
Conduct a housing study, recommend a relocation plan, and
assess the impacts associated with the expected relocation
of approximately 17 -18 mobile homes and two service stations.
The study will follow state criteria for relocation.
Construction Impacts
Conduct a discussion and analysis of the short term im-
pacts of construction activities. This analysis will
cover impacts associated with air quality, noise, water
quality, and circulation. Particular emphasis will be
placed on methods of detouring to prevent excessive ad-
verse traffic impacts during construction. Where neces-
sary, mitigation measures to reduce potential impacts will
be formulated.
Analyze the impact of construction of identified borrow
sites or stock piles as required by FHWA. It is expected
that a fairly detailed analysis of potential borrow sites
will be required.
ze and Discuss Reasonable Alternatives (Task A -4)
Provide a detailed comparative analysis of the reasonable
alternative actions based upon the impact analysis des-
cribed in Task A -3, and the alternative design /engineering
features and cost estimates.
Provide in addition to the narrative analysis of the
alternatives, a matrix display of impacts associated with
the different alternative actions.
Assessment of Environmental Effects
(Tasks A -'S, A -'6, A -7
Prepare sections in full as required by Caltrans and FHWA
which address, identify and discuss probable adverse and
irreversible environmental effects; and trade offs between
short term environmental gains at the expense of long term
losses.
Section 106 Survey (Task 'A -8)
Conduct an historic property survey in accordance with
Section 106 of the National Historic Preservation Act of
1966, to identify any historic or cultural properties in-
cluded in, or eligible for inclusion in, the National
Register of Historic Places which are located within a
FHWA identified area of potential impact (API) for the
proposed action. The survey will also investigate the
potential for archaeological, paleontological, and his-
toric properties of State or local significance which may
be impacted by the project. The survey will include a
records search, consultation with the State Historic
Preservation Officer and local and regional historical
societies, and on -site surveys where existing information
proves inadequate.
3
f: Q- .n
N
0 0
7. Section 4(£) Obviation Investigation (Task A -9
Provide necessary documentation to show that a Section
4(f) statement is not needed for this project, assuming
that the project will be designed to avoid any impacts
on publicly owned park lands.
8. Public Participation (Task A -1
Participate in five oral presentations to be conducted
for public organizations and homeowner's associations
during the preparation of the draft Environmental Impact
Statement. In addition, attend the required number of
public hearings during the public review.
9. CEQA Notice Preparation (Task A -11)
Prepare and distribute the "Notices of Preparation ",
"Notices of Completion" and "Notices of Determination" in
accordance with the California Environmental Quality Act
of 1970. Review and respond to all comments received from
the "Notice of Preparation ".
10. Modify Preliminary Draft EIS (Task A -12)
Modify and revise the environmental document as required
following comments on the draft environmental document.
Specifically, revise the document in response to initial
City review of the preliminary Draft EIS, the first and
second review by Caltrans District 7, Caltrans Sacramento,
FHWA and any other subsequent comments.
Prepare the Final EIS for submittal following public cir-
culation of the draft and public hearings.
11. Coordination with Caltrans and City (Task A -13
Provide close coordination between FHWA, Caltrans, and
City staff. Concentrated coordination efforts are ex-
pected during preparation of the preliminary DEIS and
during preparation of the FEIS. Bimonthly status re-
port meetings are planned with the City and monthly
meetings with Caltrans during the DEIS process.
Preliminary Engineering
1. Data Collection (Tasks B -1, B -2, B -6)
(a) Task B -1 - Preliminary Investigation
Obtain information relating to the project area:
(i.e. plans, maps, design criteria, studies,
permit requirements, utility information, right
of way drawings and other pertinent data) from the
City, County of Orange, Santa Ana Regional Water
Quality Control Board, Utility Companies, and
others.
4
(b)
(c)
Task B -2 - Section Analysis
Perform all supplemental topographic surveys and
reconnaissance required to complete the prelim-
inary engineering, including the preservation of,
existing monumentation. The survey shall include
sufficient data to provide information beyond the
right of way limits to allow evaluation and pre-
diction of sound levels which may be generated
from the project, and shall pick up all water
valve operating nuts and storm drain and sewer
flowlines.
Also included is aerial topographic mapping at
1" = 40' with l' contours for the link between
Newport Boulevard and Dover Drive.
Task B -6 -.Soil Engineering
Prepare a soils study to make recommendations
regarding pavement design, slope construction
and footing design for the retaining wall. The
study shall also address and make recommendations
regarding the feasibility of storing excess mat-
erial from Phase 1 construction for usage in
Phase II.
Data Analysis (Tasks B -3, B -4, B -5 & B -7
(a)
(b)
(c)
Task B -3 Sight Distance and Vertical
Alignment Study
Prepare a study of the economical and physical
feasibility of lowering the crown of the crest
vertical curve on Jamboree Road at East Coast
Highway. The minimum stopping sight distance
shall be determined utilizing a minimum 35 mph
design speed on Jamboree Road. The study shall
consider possible relocation of the 30" water
transmission main, the high pressure gas line
and underground electrical and telephone facil-
ities right of way requirements and the detour
phasing required to allow construction without
seriously disrupting the flow of traffic at the
intersection.
Task B -4 Right of Way
Prepare all required right of way drawings and
legal descriptions for parcels to be acquired.
Task B -5 Drainaqe
Prepare a hydrology study of the areas tributary
to Coast Highway from Bayside Drive to Mac Arthur
Boulevard using the latest EMA method. The study
shall include a map defining the subareas, show-
ing the direction of flow, and indicating the
location and size of existing facilities. Calcu-
lations for determining runoff quantities and the
recommended design for drainage facilities shall
also be included.
5
(d)
9 0
Task B -7 Highway Lighting, Traffic Signals
and Controls
Evaluate the existing system and prepare a pre-
liminary design for a traffic signal system and
highway lighting system on Coast Highway from
Bayside Drive to Mac Arthur Boulevard. The pro-
ject will require the redesign of traffic signals
on Coast Highway at Bayside Drive, Promontory
Point, Jamboree Road, Irvine Terrace, Newport
Center Drive, Avocado Avenue and Mac Arthur Boule-
vard and the design of a signal at future Back Bay
Drive. This effort shall also include prepara-
tion of detour plans and striping plans.
3. Preliminary Plans and Speci
(a) Sub -Task B -8A - Prepare preliminary conceptual
designs for Alternatives (a) - (d) as outlined
under Task A -4 specifically:
1. The proposed project to widen East Coast
Highway from Bayside Drive to Mac Arthur
Boulevard including treatment of Options
for: (a) The Avocado Mac Arthur One -Way
Couplet and (b) the lowering of the Jamboree
Road - East Coast Highway Intersection and
(c) a study of elimination of parking in
the link from Newport Boulevard to Dover
Drive will be included.
2. A reduced facility to provide for full
widening from Jamboree Road to Mac Arthur
Boulevard but for reduced widening within
existing right of way from Bayside Drive
to Jamboree Road.
Considerations of Options a, b & c as out-
lined above would also be a part of this
analysis.
3. Alternatives with transit and HOV emphasis
such as bus turnout facilities, satelite
parking facilities, bus pre - emption, bus
shelter facilities and lane reversals dur-
ing peak hours, will be studied and appro-
priate concept plans prepared as needed to
study these alternatives.
4. No project. No preliminary plans would be
required for this alternative.
(b) Sub -Task B -8B - Modify alternatives 1 -4 at out-
lined above to incorporate recommendations deter-
mined from the environmental assessment and
prepare engineering study exhibits of selected
alternatives for public review.
n
9 0
(c) sub -Task B -8C - Finalize preliminary plans and
special provisions for the construction of the
alternate designated by the City. The plans
shall include: street improvements, drainage
system improvements, retaining wall and engin-
eered slope construction, modification of sig-
nals, new signal installation, highway lighting
improvements, detour plans, striping plans,
traffic median improvements with landscaping and
irrigation, utility relocations, noise attenua-
tion wall or berm if required, and modifications
required on private property to join new con-
struction.
The plans will be prepared on a scale of 1" =
40' on standard plan and profile sheets to be
furnished by the City.
Project Cost Estimate (Task B -9
Prepare a preliminary estimate of construction quan-
tities and costs for the various alternatives which
shall also include: engineering, utility relocations,
right of way acquisition and relocation assistance.
5. Project Coordination (Task B -10
Provide for close coordination with City, Caltrans
and FHWA during preparation of the final preliminary
plans including bi- monthly status report meetings
with City staff and monthly briefings to Caltrans
and FHWA, Project Development team members.
7
I.
II.
III
0
EXHIBIT "B"
CITY OF NEWPORT BEACH
0
COAST HIGHWAY WIDENING
NEWPORT BOULEVARD TO MAC ARTHUR BOULEVARD
FAU PROJECT: 07 -ORA -1 16.25/19.80
JUSTIFICATION OF FEE
PROPOSAL
MAX.
DIRECT LABOR
HOURS
RATE
TOTAL
Principal in Charge
199
$24.00
$ 4,776
Senior Traffic & Trans. Engr.
126
20.00
2,520
Project Manager
425
19.00
8,075
Registered Engineer
60
16.00
960
Designer
1,176
12.00
14,112
Designer /Draftsperson
37
12.00
444
Administrative Assistant
24
11.50
276
Draftsperson
1,320
10.50
13,860
Typist
42
7.00
294
Technician
210
5.50
1,155
3 -Man Survey Crew
64
43.50
2,784
TOTALS
3,683
-
$49,256.00
EMPLOYEE BENEFITS
25%
$12,314.00
DIRECT COSTS
COST PER
QUANTITY UNIT TOTAL
A. Reproduction Job LUMP SUM $ 740
B. Travel 6350 mi. 0.22 1,397
C. Survey Truck & Equip. 8 days 6.00 48
TOTAL $ 2,185.00
IV. SUBCONSULTANTS
A. LSA - EIS (See Exhibit "B -1 ")
B. Converse Ward Davis Dixon - Geotechnical
C. R. J. Lung & Associates - Aerial Photo
p.
n_
$47,170
6,000
7,100
$60,270.00
0 0
V. SUMMARY
• A.
Direct Labor
B.
Benefits @258
C.
Overhead @838
D.
Direct Costs
E.
Subtotal
F.
Net Fee
G.
Subconsultants
H.
TOTAL NOT TO EXCEED COST
$ 49,256
12,314
40,883
2,185
104,638
15,695
60,270
$180,603.00
EXHIBIT "B -1"
CITY OF NEWPORT BEACH
COAST HIGHWAY WIDENING
NEWPORT BOULEVARD TO MAC ARTHUR BOULEVARD
FAU PROJECT: 07 -ORA -1 16.25/19.80
SUBCONSULTANT FEE BREAKDOWN - LSA INCORPORA
I.
DIRECT LABOR
HOURS RATE
TOTAL
Principal
222 15.50
$ 3,441.00
Assoc. Proj. Manager
794 9.75
7,742.00
Graphics Technician
40 7.75
'310.00
Word Processor
88 6.25
550.00
Secretary
14 5.00
70.00
12;113.00:
II.
E_"?LOYEE BENEFITS
25%
3,028.00
III.
DIRECT COSTS
A. Reproduction
$ 4,000.00
B. Travel
$ 726.00
Subtotal
$ 4,726.00
IV.
Subconsultants
A. Hans D. Giroux -
Air Quality- Energy
S 1,100.00
B. Vincent Mistre - Noise
11,375.00
C. Archeological Planning
Collaborative - Arch-
eology, Paleontology,
Historical
1,400.00
Subtotal
$13,875.00
V.
SUMMARY
A. Direct Labor
$12,113.00
B. Benefits @ 25%
3,028.00
C. Overhead @ 75%
9,085.00
D. Direct Costs
4,726.00
E. Subtotal
28,952.00
F. Net Fee @ 158
4,343.00
G. Subconsultants
13,875.00
VI. TOTAL NOT TO EXCEED COST $47;70.00
EXHIBIT "C"
'
CITY OF NEWPORT BEACH
COAST HIGHWAY WIDENING
FROM
NEWPORT BOULEVARD TO MAC ARTHUR BOULEVARD
FAU PROJECT 07 -ORA -1 16.25/19.80
Time
MILESTONE SCHEDULE
(Caldendar Days)
ACTION
1.
Authorization for ENGINEER to proceed
0
2.
Preliminary Draft EIS and PRELIMINARY
PLANS submitted to Caltrans
180
3.
Draft Document to Caltrans Headquarters
210
4.
Approval to Circulate Draft EIS
300
5.
Design Public Hearing
330 -420
6.
Final Draft EIS to Caltrans
370 -470
7.
Project Approval Report with Final
EIS to Headquarters, Caltrans
400 -500
8.
State Approval
430 -520
9.
FHWA Approval of Final EIS
460 -570
0
0
APPENDIX "B"
OVERHEAD ANALYSIS
ASL CONSULTING ENGINEERS
FISCAL YEAR ENDING MARCH 31, 1980
Direct Labor
Overhead
Indirect Salaries (Supervision, Clerical,
Administration, Training, Vacation,
Sick Pay, Holidays)
Payroll Related Costs (FICA, Workers
Compensation, Health Insurance,
Unemployment)
*Defined Benefit Pension Plan
Office Supplies
Depreciation
Automotive
Professional Services
Occupancy
Business Insurance
Communications
External Relations
Personnel Expenses
Library Costs
Proposal Costs
Taxes
Licenses
Miscellaneous
OVERHEAD TOTAL
*Note: Not included in pre -award audit
;3 0 �_,
36.1
24.6
8.0
6.0
3.0
3.2
0.3
8.9
7.0
3.4
4.3
1.5
0.4
0.2
1.2
0.2
108.4
100
AGREEMENT #5151- 1980 -1
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FOR
COAST HIGHWAY (SR1) WIDENING
NEWPORT BOULEVARD (SASS) TO MAC ARTHUR BOULEVARD (SR73)
THIS AGREEMENT is made and entered-into this
day of t ,{t;111At 1980, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as "CITY ",
and the firm of ASL CONSULTING ENGINEERS, INC., a California
Corporation, hereinafter referred to as "ENGINEER ".
W I T N E S S E T H
WHEREAS, CITY intends to prepare an Environmental Impact
Statement (EIS) for the improvement of Coast Highway from Newport
i
Boulevard to Mac Arthur Boulevard, and Preliminary Plans for the
widening of Coast Highway from Bayside Drive to Mac Arthur Boule-
vard, hereinafter referred to as "EIS" and "PRELIMINARY PLANS"
respectively; and
WHEREAS, ENGINEER has submitted a proposal dated June 6,
1980 to CITY to perform the professional engineering services in
conjunction with the preparation of said EIS and PRELIMINARY PLANS;
and
WHEREAS, CITY desires to accept said proposal;
NOW THEREFORE, in consideration of these premises, the
parties hereto agree as follows:
I. General
A. CITY engages ENGINEER to perform the serv-
ices hereinafter described in Exhibit "A"
for the compensation herein stated.
B. ENGINEER agrees to perform said services
upon the terms and conditions hereinafter
set forth.
- 1 -
II.
III.
C. ENGINEER represents that it employs, or
will employ, at its own expense, all per-
sonnel required in performing the services
required under this Agreement.
D. ENGINEER agrees that all services required
hereunder will be performed under his dir-
ect supervision, and all personnel engaged
in the work shall be fully qualified and
shall be authorized or permitted under
State and local law to perform such services.
The ENGINEER shall not sublet or transfer
any work except as otherwise provided herein.
E. ENGINEER shall comply with all Federal, State
and local laws and ordinances applicable to
the work.
Services to be Performed by ENGINEER
ENGINEER hereby agrees to perform all the services
as outlined in Exhibit "A" attached hereto and by
this reference made a part hereof.
Duties of CITY
CITY hereby agrees to supply ENGINEER all informa-
tion, materials, data, reports, records and maps
as are existing and available from the CITY, and
necessary for carrying out the work outlined in
exhibit "A" hereof, without charge by CITY and
CITY shal3 cnoperate in every way reasonable in
carrying out the work without delay. Such in-
formation and materials shall include but not be
limited to:
A. Any hydrological, air quality, traffic or
geotechnical data relating to the EIS and
PRELIMINARY PLANS.
- 2
B. Mylar plan and profile or plain sheets for
the preparation of PRELIMINARY PLANS and
exhibits for the EIS.
C. Consultation with ENGINEER.as required to
accomplish completion of the EIS and PRE-
LIMINARY PLANS.
IV. Ownership of Documents
original drawings, reports, notes, maps, and
other documents relating to the EIS and PRELIM-
INARY PLANS shall become the property of the
CITY and may be reproduced as deemed necessary
by the Public works Director or his designated
representative.
V. Engineer in Charge
J. Richard Smith, RCE No. 16602, shall be the
Engineer in Charge of EIS and PRELIMINARY PLAN
preparation. In the event of termination of the
Engineer in Charge, the designated replacement
shall be a licensed Civil Engineer in the State
of California and subject to review and concur-
rence by CITY.
VI. Right of Termination
A. CITY may terminate this Agreement at any time
for its own convenience by giving written
notice to ENGINEER of such termination and
specifying the effective date thereof, at
least fifteen (15) days before the effective
date of such termination. In that event, all
finished or unfinished documents and other
materials shall, at the option of CITY, be-
come its property. If this Agreement is term-
inated by CITY as provided herein, ENGINEER
will be paid a total amount equal to his actual
costs as of the termination date.
3
�hy..a&'., - i�i.kr% �fk, w'.al) a+4: va: t prv. ..: .. :.�,:cw . �-.a:.,- SIWL. 4'v'^nY�"�•YY'
Actual costs shall include labor costs, employee
benefits, overhead, other direct costs and
pro -rata amount of fee shall be as set forth
in Exhibit "B" but not to exceed the maximum
fee set by this Agreement, under Section IX,
following.
B. CITY may, by written notice to ENGINEER, term-
inate the whole or any part of this Agreement
in any of the following circumstances:
1. If ENGINEER fails to perform the ser-
vices called for by this Agreement within
the time specified herein or any exten-
sion thereof; or
2. If ENGINEER fails to perform the ser-
vices called for by this Agreement or so
fails to make progress as to endanger
performance of this Agreement in accord-
ance with its terms, and in either of
these two circumstances does not correct
such failure within a period of ten (10)
days (or such longer period as CITY may
authorize in writing) after receipt of
notice from CITY specifying such failure.
In the event CITY terminates this Agree-
ment in whole or in part as provided
above, CITY may procure, upon such terms
and in such manner as it may determine
appropriate, services similar to those
terminated.
Furthermore, if this Agreement is term-
inated as provided above, CITY may require
- 4 -
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ENGINEER to provide all finished or un-
finished documents, data, studies, ser-
vices, drawings, maps, photographs, re-
ports, etc., prepared by ENGINEER. Upon
termination as provided above, ENGINEER
shall be paid a total amount equal to the
value o£.the work - performed. In ascer-
taining the value of the work up to the
date of termination of this Agreement,
consideration shall be given to both
completed work and work in progress, to
complete and incomplete drawings, and to
other documents whether delivered to CITY
or in possession of ENGINEER and to author-
ized reimbursable expenses.
If, after notice of termination of this
Agreement under the provisions outlined
herein above it is determined for any
reason that ENGINEER was not in default
under the provisions of this Section VIB,
or that the default was excusable under
the provisions of Subsection VIB, then
the rights and obligations of the parties
shall be the same as if the notice of
termination has been issued pursuant to
Subsection VIA.
VII. Coordination
ENGINEER shall work closely and cooperate fully with
Public Works Director or his designated representa-
tive,.Caltrans, and FHWA. The Public Works Director
. ' .. .. � ": BY'. ' a t !. : � • ��:: � rn it ac..; �ir .. c;xs. jBAp}F3Ih�, .K 'c. a,
or his designated representative shall be the prin-
cipal officer of CITY for liaison and shall con-
stantly review and give his approval of the details
of the work as it progresses, subject to overall
review by Caltrans and FHWA.
Reviews at appropriate stages of the work may be
made by CITY, Caltrans and FHWA.
VIII. I Time of Completion
The execution of the Agreement by the parties here-
to constitutes an authorization to proceed. The
work required as set forth in Exhibit "A" shall com-
mence within ten (10) calendar days of the CITY's
written notification to proceed and shall be completed
in accordance with the Milestone Schedule attached
hereto as Exhibit "C" within five hundred and seventy
(570) calendar days contingent upon actual review and
approval time requirements.
If the work is delayed at any time by reason of a
suspension ordered by CITY or because of any other
act of CITY, or if the work should be delayed at any
time by reason of strikes, acts of God, the public
enemy, fire, floods, epidemics, quarantine restric-
itions, freight embargoes, abnormal force, violence
of the elements, or for any other unforeseeable
cause beyond the control and without the fault or
negligence of ENGINEER, or for any other reason which,
in the opinion of CITY is proper justification for
such delay, then ENGINEER shall be entitled to an
extension of time equivalent to the time actually
lost by such delay.
ENGINEER shall file a written request with CITY
for extension of time within ten (10) days follow-
6
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ing the beginning of such delay and failure to do
so shall constitute a waiver thereof; provided,
that in case of a continuing cause of delay only
one claim will be necessary. CITY shall decide
whether and to what extent any extension of time
shall be allowed.
A request for an extension of time or granting of
an extension of time shall not constitute a basis
for any claim against CITY for additional compensa-
tion. ENGINEER shall be deemed to have waived any
claim for additional compensation and does hereby
so waive any such claim unless he shall, at the
time of filing a request for an extension of time,
likewise file a claim for additional compensation
on account of such delay.
IX. Fee Schedule and Payment
The basis of payment for the services provided under
this Agreement shall be cost - plus -a- net -fee.
A. The CITY shall reimburse the ENGINEER for actual
costs (including labor costs, employee benefits,
overhead and other direct costs) incurred by the
ENGINEER in performance of the work, in an amount
-- not to-exceed $164,908 exlusive of any net fee-.
Actual costs.-- shall .ncLt exceed the estimated maximum
wage rates and other costs as set forth in Exhibit
"B ", attached hereto.
B. In addition to the costs referred to in Section IX
above, the CITY shall pay the ENGINEER a net fee
of $15,695. Said net fee shall not be altered .
unless there is significant alteration in the scope,
complexity or character of the work to be performed.
7
e
C. The ENGINEER shall be reimbursed for actual travel
expenses incurred in the performance of this
work, including the use of private cars at the
rate of twenty -two (22) cents per mile, while
traveling away from the ENGINEER'S headquarters
which is
hereby designated as
Santa Ana,
Cali-
fornia -
in addition ENGINEER'S
personnel
shall
be reimbursed for per diem expenses at a rate not
to exceed that currently authorized for State
employees under State Board of Control rules and
regulations.
D. Total expenditures made under this contract in-
eluding the net fee shall not exceed the sum of
$180,603.
E. ENGINEER's actual costs, direct and indirect,
eligible for Federal participation in cost -plus-
a -net fee contracts shall be allowable under the
provisions of subpart 1 -15.2, Federal Procurement
Regulations, Principles, and Procedures for Use
in Cost Reimbursement Type Supply and Research
Contracts with Commercial Organizations.
F. CITY agrEes to-- pay-"the " ENGINEER for services
rendered under this agreement in-accordance with
the following provisions:
1. ENGINEER shall submit to CITY during each
month of the term of this Agreement, a cer-
tified invoice for allowable costs as described
in Section IX A above incurred in the perform-
ance of this Agreement plus a pro -rata portion
of the net fee as described in Section IX B
above.
8 -
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2. Promptly after the receipt of each invoice,
but in no event later than thirty X30) days
after this receipt and approval, CITY shall
make a partial payment based on.the invoice
amount of allowable costs.
X. Project Scope Revisions
No change in the character, extent, or duration of
the work to be performed by ENGINEER shall be made
except by a supplemental agreement in writing between
CITY and ENGINEER and approved by Caltrans. The sup-
plemental agreement shall set forth the changes of
work, the extensions of time and the adjustments of
the fee to be paid by CITY to ENGINEER, if an. In
special cases where it is essential that extra work or
changes in work be performed immediately, execution of
the supplemental authority covering such change shall
be accomplished as soon as practicable.
XI. Hold Harmless
ENGINEER shall indemnify and save harmless CITY the
State of California and the Federal Government and
their officers and employees, from any damage or lia-
bility arising from any errors, omissions, or negli-
gence in ENGINEER's performance of this Agreement, or
in the engineering work or services herein provided.
XII. Subcontracts
ENGINEER shall not subcontract any portion of the work
required by this Agreement, except as expressly stated
in Exhibit "B" without prior approval of CITY and
Caltrans.
XIII. Cost Accounting and Audits
ENGINEER and his subconsultants shall maintain complete
and accurate records with respect to costs incurred
under this Agreement to include the records supporting
cost proposals used to enter into a contract with CITY.
All such records shall be maintained on a generally ac-
cepted accounting basis and shall be clearly identi-
fiable. ENGINEER and his subconsultants shall make
available to the representative of CITY, Caltrans, and
FHWA, or their appointees, during normal business hours,
all such bonds and records, and the right to examine
and audit the same, and to make transcripts therefrom
as necessary, and the ENGINEER and his suconsultants
shall allow inspection of all work data, documents,
proceedings, and activities related to the Agreement
for a period of four (4) years from the date of final
payment under this Agreement. ENGINEER and his sub -
consultants shall maintain records to show actual time
and allowable costs with respect to each task set forth
in the Exhibit "A" as required by Caltrans and FHWA.
ENGINEER shall permit the authorized representative of
CITY, the U.S. Department of Transportation and Comp-
troller General of the United States to inspect and
audit all data and records of ENGINEER relating to
his performance under this contract.
Reviews at appropriate stages during the work may be
made by CITY, Caltrans, and FHWA.
XIV. Non- solicitation Warranted
ENGINEER warrants that he has not employed or retained
any company or person, other than a bona fide employee
10
working solely for the consultant, to solicit or secure
this Agreement, and that he has not paid or agreed to
pay any company or person, other than a bona fide em-
ployee working solely for the consultant, any fee, com-
mission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the
award or making of this Agreement. 'For breach or vio-
lation of this warranty, CITY shall have the right to
annul this Agreement without liability or in its dis-
cretion to deduct from the contract price.or consider-
ation, or likewise recover, the full amount of such
fee -, commission, percentage, brokerage fee, gift, or
contingent fee.
XV. Conflict of Interest
Prohibited interests are as follows:
No officer, member or employee of CITY during his
tenure or one year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds
thereof.
The parties hereto covenant and agree that, to their
knowledge, no member of the City Council,. officer or
employee of CITY has any interest, wheter contractural,
non- contracturalr.financial or otherwise_, in. this trans
action, or in business of the.:contracting_ party other
than CITY, and that if any such interest comes to the
knowledge of either party at any time, a full and com-
plete disclosure of all such information will be made in
writing to the other party or parties, even if such
interest would not be considered a conflict of interest
under applicable laws. ENGINEER hereby covenants that
he has, at the time of the execution of this Agreement,
no interest, and that he shall not acquire any interest
in the future, direct or indirect, which would conflict
11 y
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in any manner of degree with the performance of services,
• required to be performed pursuant to this Agreement.
ENGINEER further covenants that in the performance of
this work, no person having any such interest shall be
employed.
XVI. Congressional Conflict of Interest
Interest of member of or delegates to Congress shall
be restricted as follows:
No member of or delegate to the Congress of the United
States nor any Resident Commissioner shall be admitted
to any share or part of this Agreement or to any bene-
fit arising therefrom.
XVII. Civil Rights Act
A. Compliance' with Civil Rights Act. In connection
with the execution of this contract, ENGINEER
shall not discriminate against any employee or ap-
plicant for employment because or race, religion,
color, sex or national origin.: ENGINEER shall
take affirmative actions to insure that applicants
are employed and that employees are treated during
their employment, without regard to their race,
religion, color, sex or national origin. Such
actions shall include, but not be limited to, the
following:; , emloyment,,__ upgrading, .. demotion or
transfer; recruitment or recruitment advertising;
layoff or termination; rates or pay or other forms
of compensation; and selection for training, includ-
ing apprenticeship.
The applicable provisions of Executive Order 11246
relating to Equal Employment Opportunity by this
12 -
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.. .. •, ass�.x+ :•;y�:n �-,�, .:zlrsa•v�, y ^_-.+ :�.g1
C.
reference are incorporated herein and made a part
hereof. Wherever the work "contractor" appears
in said Executive Order, it shall mean ENGINEER.
Non - discrimination Civil Rights Act of 1964.
ENGINEER, with regard to the work performed by
it after award and prior to completion of the
contract work, will comply with the regulations of
the Department of Transportation relative to non-
discrimination in federally- assisted programs of
the Department of Transportation (49CFR21).
Solicitations for Subcontracts, including
Procurements of Materials and Equipment.
In all solicitation, either by competitive bidding
or negotiation, made by ENGINEER for work to be
performed under a subcontract, including pro-
curement of materials or leases of equipment,
each potential subcontractor, supplier, or lessor
shall be notified by ENGINEER of ENGINEER's ob-
ligations under this contract and the regulations
relative to non - discrimination on the ground of
race, religion, color, sex or national origin.
Information and Reports.
ENGINEER will provide all information and reports
required by the Caltrans or FHWA regulations or
orders and -= instructions issued pursuant -thereto
and will permit access to its books, records,
accounts, and other sources of information, and its
facilities as may be determined by CITY, Caltrans,
or FHWA to be pertinent to ascertain compliance
with such regulations, orders, and instructions.
Where any information required of an ENGINEER is
in the exclusive possession of another who fails
or refuses to furnish this information ENGINEER
shall so certify to CITY, Caltrans or FHWA as ap-
propriate and shall set forth what efforts it has
made to obtain the information.
E. Sanctions for Non - compliance.
In the event of ENGINEER's non - compliance with the
non - discrimination provisions of this contract,
CITY shall impose such contract sanctions as CITY,
Caltrans or FHWA may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to ENGINEER under
this contract until ENGINEER complies; and /or
2. Cancellation, termination, or suspension of
the contract, in whole or in part.
In the event that legal action is commenced
to enforce or declare the rights created under
this Agreement, the prevailing party shall be en-
titled to an award of costs and reasonable attor-
ney's fees in an amount to be determined by the
court.
XVIII. Assignment
This Agreement shall be binding on the successors and
assigned of the parties, but it shall not be assigned
by ENGINEER without the prior written consent of CITY.
XIX. Contractual Relationship
ENGINEER shall be an independent contractor, not an'-
employee of CITY.
IN WITNESS WHEREOF, said parties have executed this Agree-
ment as of the date and year first above written.
ATTEST: CITY OF NEWPORT BEACH
a municipal coorpor_ation
By:IYIK %Q44.t�G�s.�c
'City Clerk / layo
APPROVED AS TO FORM:
City Attorney
;n
Address and phone
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
(714) 640 -2281
ASL CONSULTING ENGINEERS
1201 East Warner Avenue
Santa Ana, California 92705
(714) 979 -1761
- 15 -
D=
CERTIFICATION OF CITY OF NEWPORT BEACH
H
I hereby certify that I am the Mayor of the City of
Newport Beach and that the consulting firm of ASL CONSULTING
ENGINEERS, INC. or its representative has not been required, dir-
ectly or indirectly, as an express or implied condition in con-
nection with obtaining or carrying out this agreement to:
(a) Employ or retain, or agree to employ or retain,
any firm or person, or
(b) Pay, or agree to pay, to any firm, person, or
organization, any fee, contribution, donation,
or consideration of any kind; except as here
expressly stated (if any):
None
I acknowledge that this certificate is to be furnished
to the State of California, the Federal Highway Administration and
U.S. Department of Transportation in connection with this agree-
ment involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and
civil.
Dater, ��` �9�'
�— ayo , City of Newport Beach
CERTIFICATI
OF ENGINEER
I HEREBY CERTIFY that I am the Vice President and duly
authorized representative of the firm of ASL CONSULTING ENGINEERS,
INC. whose address is 1201 East Warner Avenue, Santa Ana, California
92705, and that neither I nor the above firm I herein represent
has:
(a) Employed or retained for a commission, percentage,
brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide em-
ployee working solely for me or the above con-
sultant) to solicit or secure this Agreement;
(b) Agreed, as an expressed or implied condition for
obtaining this contract, to employ or retain the
service of any firm or person in connection with
carrying out the Agreement; or
(c) Paid, or agreed to pay, to any firm, organization
or person (other than a bona fide employee work-
ing solely for me or the above consultant) any
fee, contribution, donation, or consideration of
any kind for, or in connection with, procuring
or carrying out the Agreement;
except as herein expressly stated (if any):
None
I acknowledge that this Certificate is to be furnished
to the State Department of Transportation in connection with this
Agreement involving participation of federal -aid highway funds and
is subject to applicable State and Federal laws, both criminal
and civil.
Date:
(S
EXHIBIT "A"
CITY OF NEWPORT BEACH
COAST HIGHWAY WIDENING
NEWPORT BOULEVARD TO MAC ARTHUR BOULEVARD
FAU PROJECT NO. 07 -ORA -1 16.25/19.80
SCOPE OF SERVICES
A. Environmental Impact Statement
1. Introduction and Evaluation of Project
Limits Task A -1
(a) Sub -Task A -lA. Prepare a description of the proposed
action and alternatives which will include a discussion
of the purpose and need for the proposed action, the
technical, physical, and geographic characteristics of
the proposed action and alternatives, a description of
the existing facility and right of way, the planning
basis for the proposed location, and the anticipated
benefits of the proposed action.
(b) Sub -Task A -1B. Prepare an "Affected Environment" sec-
tion (synonymous with a "setting" or "existing condi-
tion" section). This section will provide a general
description of the surrounding area's geological, bio-
logical, cultural, and social characteristics. This
section will also describe existing public facilities
and services., circulation patterns, ambient air qual-
ity conditions, noise levels, and water quality.
(c) Sub -Task A -1C. Prepare a summary at the beginning of
the document which contains a brief description of the
proposed action, a summary of the environmental im-
pacts, a summary of major alternatives considered, and
a list of commenting agencies.
2. Inventory of Land Use Planning '(Task A -2)
Compile an inventory of existing and proposed land uses for
the project area based on a field survey and review of City
plans.. The scope and status of local planning programs and
processes will be described. Also, the relationship of the
proposed action to local and regional land use and public
facility plans, policies, and controls will be discussed.
This discussion will point out any conflicts or inconsis-
tencies between the proposed action and such plans.
3. Analysis of Impact of the Proposed Action
on the Environment 'Task A -3
Conduct an analysis of impacts (detrimental and beneficial)
for all the alternative actions being considered.
1
The report will focus on those issues which are considered
the most significant. The following is a listing of the
issues to be addressed:
Issue
Geology /Soils /Seismicity
Hydrology
Water Quality
Biological Resources
Archaeological /Historical/
Paleontological Resources
Circulation /Parking
Air Resources
Noise
Socioeconomics (Relocation)
Aesthetics
Construction Impacts
Energy
Four issues (i.e. Circulation, Parking, Noise, Socio
Economic, and Construction) are expected to be of sig-
nificant environmental, social, and /or political concern.
Impact analysis of these issues will be conducted as
follows:
Circulation /Parking
Provide for a discussion of the circulation system to in-
corporate a discussion of traffic volumes and capacities
with and without the alternative actions. Potential traf-
fic impacts will be identified and if necessary mitigation
measures will be formulated.. Also included will be project
justification analysis.
Conduct a parking restriction feasibility study as part
of the circulation impact analysis. A discussion and
analysis of phasing alternatives will be included.
Noise
Conduct a complete noise analysis in accordance with the
latest FHNIA Traffic Noise Prediction Model. Analysis will
be conducted in both Federally required Lio, Leq descrip-
tions, as well as in CNEL. The analysis will include the
following:
(1) Information on the numbers and types of activities
which may be.affected.
(2) Extent of the—impact in decibels.
(3) Noise abatement - measures which-can reduce the noise
impact.
(4) Noise abatement measures which can be incorporated
in the project.
(5) Noise problem for which no apparent solution is
available.
2
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Particular emphasis will be placed on impacts on adjacent
residential developments.
Socio-Economic
Conduct a housing study, recommend a relocation plan, and
assess the impacts associated with the expected relocation
of approximately 17 -18 mobile homes and two service stations.
The study will follow state criteria for relocation.
Construction Impacts
Conduct a discussion and analysis of the short term im-
pacts of construction activities. This "analysis will
cover impacts associated with air quality, noise, water
quality, and circulation. Particular emphasis will be
placed on methods of detouring to prevent excessive ad-
verse traffic impacts during construction. Where neces-
sary, mitigation measures to reduce potential impacts will
be formulated.
Analyze the impact of construction of identified borrow
sites or stock piles as required by FHWA. It is expected
that a fairly detailed analysis of potential borrow sites
will be required.
4. Analyze and Discuss Reasonable Alternatives (Task.A -4)
Provide a detailed comparative analysis of the reasonable
alternative actions based upon the impact analysis des-
cribed in Task A -3, and the alternative design /engineering
features and cost estimates.
Provide in addition to the narrative analysis of the
alternatives, a matrix display of impacts associated with
the different alternative actions.
5. Assessment of Environmental Effects
(Tasks A -5, A-6, A -7)
Prepare sections in full as required by Caltrans and FHWA
which address, identify and discuss probable adverse and
irreversible environmental effects; and trade offs between
short term environmental gains at the expense of long term
losses.
6. Section '106 Survey (Task A -8)
Conduct an historic property survey in accordance with
Secti6n 106 of the National Historic Preservation Act of
1966, to identify- aity-historic -or cultural properties in-
cluded in, or eligible for inclusion in, the National
Register of Historic Places which are located within a
FHWA identified area of potential impact (API) for the
proposed action. The survey will also investigate the
potential for archaeological, paleontological, and his-
toric properties of State or local significance which may
be impacted by the project. The survey will include a
records search, consultation with the State Historic
Preservation Officer and local and regional historical
societies, and on -site surveys where existing information
proves inadequate.
3
7, Section 4(f) Obviation Investigation (Task A -9)
Provide necessary documentation to show.that a Section
4(f) statement is not needed for this project, assuming
that the project will be designed to avoid any impacts
on publicly owned park lands.
8. Public Participation (Task A -10)
Participate in five oral presentations to be conducted
for public organizations and homeowner's associations
during the preparation of the draft Environmental Impact
Statement. In addition, attend the required number of
public hearings during the public 'review.
9. CEQA Notice Preparation (Task A -11)
Prepare and distribute the "Notices of Preparation ",
"Notices of Completion" and "Notices of Determination" in
accordance with the California Environmental Quality Act
of 1970. Review and respond to all comments received from
the "Notice of Preparation ".
10. Modify Preliminary Draft EIS (Task A -12)
Modify and revise the environmental document as required
following comments on the draft environmental document.
Specifically, revise the document in response to initial
City review of the preliminary Draft EIS, the first and
second review by Caltrans District 7, Caltrans Sacramento,
FHWA and any other subsequent comments.
Prepare the Final EIS for submittal following public cir-
culation of the draft and public hearings.
11. Coordination with Caltrans and City (Task A -13
Provide close coordination between FHWA, Caltrans, and
City staff. Concentrated coordination efforts are ex-
pected during preparation of the preliminary DEIS and
during preparation of the FEIS. Bimonthly status re-
port meetings are planned with the City and monthly
meetings with Caltrans during the DEIS process.
B. Preliminary Engineering
1. Data Collection (Tasks B -1, B -2, B -6)
(a) Task B -1 - Preliminary Investigation
Obtain information relating to the project area:
(i.e. plans, maps, design criteria, studies,
permit requirements, utility information, right
of way drawings and other pertinent data) from the
City, County of Orange, Santa Ana Regional Water
Quality Control Board, Utility Companies, and
others.
E
(b) Task B -2 - Section Analysis
Perform all supplemental topographic surveys and
reconnaissance required to complete the prelim-
inary engineering, including the preservation of,
existing monumentation. The survey shall include
sufficient data to provide information beyond the
right of way limits to allow evaluation and pre-
diction of sound levels which may be generated
from the project, and shall pick up all water
valve operating nuts and storm drain and sewer
flowlires.
Also included is aerial topographic mapping at
1" = 40' with l' contours for the link between
Newport Boulevard and Dover Drive.
(c) Task B -6 - Soil Engineering'
Prepare a soils study to make recommendations
regarding pavement design, slope construction
and footing design for the retaining wall. The
study shall also address and make recommendations
regarding the feasibility of storing excess mat-
erial from Phase 1 construction for usage in
Phase II.
2. Data Analysis (Tasks B -3, B -4, B -5 & B -7
(a) Task B -3 Sight Distance and Vertical
Alignment Study
Prepare a study of the economical and physical
feasibility of lowering the crown of the crest
vertical curve on Jamboree Road at East Coast
Highway. The minimum stopping sight distance
shall be determined utilizing a minimum 35 mph
design speed on Jamboree Road. The study shall
consider possible relocation of the 30" water
transmission main, the high pressure gas line
and underground electrical and telephone facil-
ities right of way requirements and the detour
phasing required to allow construction without
seriously disrupting the flow of traffic at the
intersection.
(b) Task B -4 Right of Way
Prepare all required right of way drawings and
legal descriptions far parcels to be acquired.
(c) Task B -5 Drainage
Prepare a hydrology study of the areas tributary
to Coast Highway from Bayside Drive to Mac Arthur
Boulevard using the latest EMA method. The study
shall include a map defining the subareas, show-
ing the direction of flow, and indicating the
location and size of existing facilities. Calcu-
latigns for determining runoff quantities and the
recommended design for drainage facilities shall
also be included.
5
(d) Task B -7 Highway Lighting, Traffic Signals
and Controls
Evaluate the existing system and prepare a pre-
liminary design for a traffic signal system and
highway lighting system on Coast Highway from
Bayside Drive to Mac Arthur Boulevard. The pro-
ject will require the redesign of traffic signals
on Coast Highway at Bayside Drive, Promontory
Point, Jamboree Road, Irvine Terrace, Newport
Center Drive, Avocado Avenue and Mac Arthur Boule-
vard and the design of a signal at future Back Bay
Drive. Tkiis effort shall also include prepara-
tion of detour plans and striping plans.
3. Preliminary Plans and Special Provisions
(a) Sub -Task B -8A - Prepare preliminary conceptual
designs for Alternatives (a) - (d) as outlined
under Task A -4 specifically:
1. The proposed.project to widen East Coast
Highway from Bayside Drive to Mac Arthur
Boulevard including treatment of Options
for: (a) The Avocado Mac Arthur One -Way
Couplet and (b) the lowering of the Jamboree
Road -,East Coast Highway Intersection and
(c) a study of elimination of parking in
the link from Newport Boulevard to Dover
Drive will be included.
2. A reduced facility to provide for full
widening from Jamboree Road to Mac Arthur
Boulevard but for reduced widening within
existing right of way from Bayside Drive
to Jamboree Road.
Considerations of Options a, b & c as out-
lined above would also be a part of this
analysis.
3. Alternatives with transit and HOV emphasis
such as bus turnout facilities, satelite
parking facilities, bus pre - emption, bus
shelter facilities and lane reversals dur-
ing peak hours, will be studied and appro-
priate concept plans prepared as needed to
study these alternatives.
4. No projecE.' 'No preliminary plans would-be
required for this alternative.
(b) Sub -Task B -8B - Modify alternatives 1 -4 at out-
lined above to incorporate recommendations deter-
mined from the environmental assessment and
prepare engineering study exhibits of selected
alternatives for public review.
N
5.
(c) Sub -Task B -SC - Finalize preliminary plans and
special provisions for the construction of the
alternate designated by the City. The plans
shall include: street improvements, drainage
system improvements, retaining wall and engin-
eered slope construction, modification of sig-
nals, new signal installation, highway lighting
improvements, detour plans, striping plans,
traffic median improvements with landscaping and
irrigation, utility relocations, noise attenua-
tion wall or berm if required, and modifications
required on private property to join new con-
struction.
The plans will be prepared on a scale of 1" =
40' on standard plan and profile sheets to be
furnished by the City.
Project Cost Estimate (Task B -9)
Prepare a preliminary estimate of construction quan-
tities and costs for the various alternatives which
shall also include: engineering, utility relocations,
right of way acquisition and relocation assistance.
Project Coordination (Task B -10)
Provide for close coordination with City, Caltrans
and FHWA during preparation of the final preliminary
plans including bi- monthly status report meetings
with City staff and monthly briefings to Caltrans
and FHWA, Project Development team members.
7
EXHIBIT "B"
CITY OF NEWPORT BEACH
COAST HIGHWAY WIDENING
NEWPORT BOULEVARD TO MAC ARTHUR BOULEVARD
FAU PROJECT: 07 -ORA -1 16.25/19.80
JUSTIFICATION OF
FEE PROPOSAL
MAX.
I. DIRECT LABOR
HOURS
RATE
Principal in Charge
199
$24.00
Senior Traffic & Trans. Engr.
126
20.00
Project Manager
425
19.00
Registered Engineer
60
16.00
Designez
1,176
12.00
Designer /Draftsperson
37
12.00
Administrative Assistant
24
11.50
Draftsperson
1,320
10.50
Typist
42
7.00
Technician
210
5.50
3 -Man Survey Crew
64
43.50
TOTALS
3,683
-
II. EMPLOYEE BENEFITS
25$
III. DIRECT COSTS
COST PER
QUANTITY
UNIT
A. Reproduction
Job
LUMP SUM
B. Travel
6350 mi.
0.22
C. Survey Truck & Equip.
8 days
6.00
TOTAL
IV. SUBCONSULTANTS
A. LSA - EIS (See Exhibit "B -1 ")
B. Converse Ward Davis Dixon - Geotechnical
C. R. J. Lung & Associates - Aerial Photo
TOTAL
$ 4,776
2,520
8,075
960
14,112
444
276
13,860
294
1,155
2,784
$49,256.00
$12,314.00
TOTAL
$ 740
1,397
48.
$ 2,185.00
$47,170
6,000
7,100
$60,270.00
V. SUMMARY
A. Direct Labor
B. Benefits @25%
C. Overhead @83%
D. Direct Costs
E. Subtotal
F. Net Fee
G. Subconsultants
R. TOTAL NOT TO EXCEED COST
$ 49,256
12,314
40,883
2,185
104,638
15,695
60,270
$180,603.00
EXHIBIT "B -1"
CITY OF NEWPORT BEACH
COAST HIGHWAY WIDENING
NEWPORT BOULEVARD TO MAC ARTHUR BOULEVARD
FAU PROJECT: 07 -ORA -1 16.25/19.80
SUBCONSULTANT FEE BREAKDOWN - LSA INCORPORATED
I.
DIRECT LABOR HOURS RATE
TOTAL
Principal
222 15.50
$ 3,441.00
Assoc. Proj. Manager
794 9.75
7,742.00
Graphics Technician
40 7.75
'310.00
Word Processor
88 6.25
550.00
Secretary
14 5.00
70.00
12;113.00:
II.
E_%:PLOYEE BENEFITS
25%
3,028.00
III.
DIRECT COSTS
A. Reproduction
$ 4,000.00
B. Travel
$ 726.00
Subtotal
$ 4,726.00
IV.
" Subconsultants
A. Hans D. Giroux -
Air Quality- Energy
S 1,100.00
B. Vincent Mistre - Noise
11,375.00
C. Archeological Planning
Collaborative - Arch-
eology, Paleontology,
Historical
1,'400.00
Subtotal
$13,875.00
V.
SUMMARY
A. Direct Labor
$12,113.00
B. Benefits @ 25%
3,028.00
C. Overhead @ 75%
9,.085.00._ „
D. Direct Costs
4,726.00
E. Subtotal
28,952.00
F. Net Fee @ 15%
4,343.00
G. Subconsultants
13,875.00
VI. TOTAL NOT TO EXCEED COST .$47;x.70.00
.. <,:
EXHIBIT "C"
CITY OF NEWPORT BEACH
COAST HIGHWAY WIDENING
FROM
NEWPORT BOULEVARD TO MAC ARTHUR BOULEVARD
FAU PROJECT 07 -ORA -1 16.25/19.80
Time
MILESTONE SCHEDULE (Caldendar Days)
ACTION
1.
Authorization for ENGINEER to proceed
0
2.
Preliminary-Draft EIS and PRELIMINARY
PLANS submitted to Caltrans
180
3.
Draft Document to Caltrans Headquarters
210
4.
Approval to Circulate Draft EIS
300
5.
Design Public Hearing
330 -420
6.
Final Draft EIS to Caltrans
370 -470
7.
Project Approval Report with Final
EIS to Headquarters, Caltrans
400 -500
8.
State Approval
430 -520
9.
FHWA Approval of Final EIS
460 -570
APPENDIX "B"
OVERHEAD ANALYSIS
ASL CONSULTING ENGINEERS
FISCAL YEAR ENDING MARCH 31, 1980
Direct Labor
Overhead
Indirect Salaries (Supervision, Clerical,
Administration, Training, Vacation,
Sick Pay, Holidays)
Payroll Related Costs (FICA, Workers
Compensation, Health Insurance,
Unemployment)
*Defined Benefit Pension Plan
Office Supplies
Depreciation
Automotive
Professional Services
Occupancy
Business Insurance
Communications
External Relations
Personnel Expenses
Library Costs
Proposal Costs
Taxes
Licenses
Miscellaneous
OVERHEAD TOTAL
*Note: Not included in pre -award audit
Percent
36.1
24.6
8.0
6.0
3.0
3.2
0.3
8.9
7.0
3.4
4.3
1.5
0.4 .
0.2
1.2
0.2
108.4
100
J
�� �Y`,. .- w`k CG� Fi�_fYt.( .y�. v`$'�. 'A M1FH4`�IP ..2,�aY� i.. •. '_, ;.'Y � aJ'YA.l,'!.:' YI"i4.`S%a i. t _..
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IL
October 14, 1980
OCT 14 1980
Qy, the CITY COUNCIL
CITY OF MW WW awH
TO: CITY COUNCIL
FROM: Public Works Department
CITY COUNCIL AGENDA
ITEM NO. ± yQjyf &7
SUBJECT: COAST HIGHWAY WIDENING FROM BAYSIDE DRIVE TO MacARTHUR BOULEVARD
RECOMMENDATIONS:
1. Adopt a resolution authorizing the Mayor and the City Clerk to
execute a Local Agency Consultant Agreement with Alderman, Swift
and Lewis (ASL) for the preparation of an environmental docu-
ment and preliminary plans for widening Coast Highway.
2. Adopt a resolution authorizing the Mayor and the City Clerk to
execute a supplemental cooperative agreement with the State of
California Department of Transportation (CALTRANS) covering the; ..9'!1 -'
preparation of aforementioned environmental document and pre- L-
liminary plans.
DISCUSSION:
On June 23, 1980, the City Council authorized the staff to negotiate
and prepare a Local Agency /Consultant Agreement with the civil engineering firm
of Alderman, Swift and Lewis to provide preliminary engineering plans and prepare
an environmental document for the improvement of Coast Highway. The proposed
improvements are the widening of Coast Highway between Bayside Drive and
MacArthur Boulevard. The project limits for environmental assessment analysis
will be between Newport Boulevard and MacArthur Boulevard. Attached is the
June 23, 1980, Council memo which describes additional pertinent information.
The consultant and City staff have prepared a Local Agency /Consultant
Agreement covering the preliminary engineering and the preparation of an en-
vironmental document. The major parts of the scope of services to be provided
in the agreement are outlined below:
A. Environmental Impact Statement
1. Evaluation of project limits
2. Analysis of impact of the proposed action (noise,
water quality, socioeconomics, aesthetics, etc.)
3. Analysis of reasonable alternatives
4. Assessment of environmental effects
5. Public participation
•
October 14,1980
Subject: Coast Highway Widening from Baysi.de Drive to MacArthur Boulevard
Page 2
B. Preliminary Engineering
1. Soils Engineering
2. Right -of -Way
3. Drainage
4. Highway Lighting and Traffic Signals
5. Preliminary Plans for Various Alternatives
6. Project Cost Estimate
CALTRANS has reviewed the agreement for compliance with State and
Federal regulations and has approved the agreement based on an audit of the
firm by CALTRANS. The fee for the proposed services has been adjusted down-
ward from the original total fee of $181,655 to a maximum total fee of
$180,603. The cost of the environmental document portion is $60,270.
The agreement will be funded 86% by Federal Aid Urban (FAU) monies
and 14% with City gas tax monies. The city has currently budgeted sufficient
gas tax funds to cover its share of the fee.
^ F
To qualify for matching Federal funds, the City must execute a supple-
mental agreement to the Local Agency -State Master Agreement previously approved
by the City Council on August 8, 1977. Supplemental Agreement No. 4 to Local
Agency -State Agreement No. 07 -5151 authorizes the release of $400,000 of match-
ing Federal funds for the environmental document, preliminary engineering, and
City staff salaries for the improvement of Coast Highway.
The consultant is prepared to commence work within ten calendar days
of the City's written notification to proceed. Preliminary plans and draft
environmental document arare eeexpected to be completed within 6 months.
c!G
Benjamin B. Nolan
Public Works Director
HH:jd
Att.
3
June 23, 1980
CITY COUNCIL AGENDA
ITEM NO. H -14
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: SELECTION OF CONSULTANT FOR WIDENING COAST HIGHWAY
RECOMMENDATION:
Authorize the staff to negotiate and prepare a Local Agency/
Consultant Agreement with the civil engineering firm of Alderman,
Swift and Lewis (ASL) to prepare the environmental document and
preliminary plans for widening Coast Highway.
DISCUSSION:
The City has provided City and FAU funds in the budget for the prepa-
ration of an environmental document and preliminary engineering for the improve-
ment of Coast Highway between Bayside Drive and MacArthur Boulevard. The
project limits for the environmental document will be between Newport Boulevard
and MacArthur Boulevard. The limits for the proposed construction project are
between MacArthur Boulevard and Bayside Drive.
The Public Works Department requested seven qualified engineering
firms to submit proposals to provide the services necessary to prepare an
environmental document and preliminary engineering plans for the Coast Highway
project. In addition to meeting the City's requirements, both phases of the
proposed work will have to comply with Caltrans and Federal Highway Adminis-
tration (FHWA) policies and procedures.
In adherence to the recently Council- approved resolution regarding
procedure for selecting consultants for Public Works projects, a selection commit-
tee interviewed four of the most qualified consultants. Based on their recom-
mendations, the engineering firm of Alderman, Swift and Lewis, with Larry Seeman
Associates as environmental subconsultants, are the most qualified, and it is
recommended that they be retained to do the work.
Their fee for the services is $181,655 (86% FAU, 14% City Gas Tax),
of which $64,235 is slated for the environmental document. As this project has
Federal Aid Urban (FAU) funding, the consultant's agreement must be approved
by both CalTrans and Federal Highway Administration (FHWA) prior to the execu-
tion by the City. During this review, some items may be modified which may
result in a fee adjustment. This review process normally takes 6 weeks to two
months, with the agreement then being submitted to the City Council for approval
and execution. Following execution of the agreement, the consultant is prepared
to submit a draft environmental document in six months.
June 23, 1980
Subject: Selection of Consultant for Widening Coast Highway
Page 2
The total cost of the project, including all engineering and environ-
mental documentation, right -of -way acquisition and relocation assistance, and
construction, is estimated to be $6,000,000. Funding under the current FAU
formula will be 86% FAU, and 14% City gas tax.
A project milestone schedule is attached for reference. The limits
for Phase I construction are Jamboree Road to MacArthur Boulevard, and for
Phase II are Jamboree Road to Bayside Drive.
Benjamin B. Nolan
Public Works Director
HH:jd
Att.
MILESTONE SCHEDULE
FAU PROJECT FOR CITY OF NEWPORT BEACH
COAST HIGHWAY WIDENING - BAYSIDE DRIVE TO MacARTHUR BOULEVARD
FOR PROJECT: 07 -ORA -1 16.25/18.05
A. PREPARE ENVIRONMENTAL DOCUMENT AND PRELIMINARY ENGINEERING
1. Request for proposals to consultants
2. Proposals received from consultants
3.. Consultant selected i
4. Local agency -. consultant agreement sent to CalTrans
for processing
5. Authorization for consultant to proceed draft
6. Environmental document and preliminary engineering
submitted to CalTrans
7. Draft document to CalTrans HQ
8. Approval to circulate environmental document
9. Design public ,hearing
10. Final environmental document.to CalTrans
11. Project approval report (w /final environmental
document) to HQ
12. State approval
13. FHWA approval of environmental document
B. PREPARE P. S & E AND R/W CERTIFICATION
NE 1980
5/80
5/80
6/80
6/80
9/80
3/81
4/81
7/81
8/81
9/81
10/81
11/81 .
12/81
PHASE I ' PHASE II
1.
Plans complete - submit to CalTrans
12/81
12/81
2.
Final R/W maps to R/W engineering CalTrans
12/81
12/81
3.
Complete R/W engineering
3/82
3/82
�P.
NQ approval of housing availability study
NR
8/82
5.
R/W appraisals complete
NR
4/83
6.
Design P.'S & E to CalTrans
7/82
1/84
7.
District P. S & E to HQ
11/82
5/84
B.
R/W cert No. 2
1/83
7184
9.
District able to advertise
3/83
9/84
C. CONSTRUCTION OF PROJECT
1. Receive bids 5/83 11/84
2. Award contract 7/83 1/85
3. Complete constructions 7/84 10/85
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OCT 14 198n
BY #+ C1fY COUNCIL
CITY OF NEWPORT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LOCAL AGENCY
CONSULTANT AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND ALDERMAN, SWIFT & LEWIS IN
CONNECTION WITH THE WIDENING OF COAST HIGHWAY
FROM BAYSIDE DRIVE TO MACARTHUR BOULEVARD
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Local Agency Consultant
Agreement between the City of Newport Beach and ALDERMAN, SWIFT &
LEWIS in connection with widening of Coast Highway from Bayside
Drive to MacArthur Boulevard and;
WHEREAS, the City Council has reviewed the terms and
conditions of said Agreement and finds them to be satisfactory
and that it would be in the best interest of the City to execute
said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Agreement above described is
approved, and the Mayor and City Clerk are hereby authorized and
directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 14th day of October 1980.
Mayor
ATTEST:
City Clerk
100680
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