HomeMy WebLinkAboutC-2591(B) - Pacific Coast Highway Highway Widening, Newport Boulevard to Highland StreetTO:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
FINANCE DIRECTOR
FROM: CITY CLERK
DATE: January 31, 1991
SUBJECT: Contract No. C- 2591(B)
Description of Contract Modification of Agreement for
Construction Engineering of Coast Highway
Effective date of Contract January 30, 1991
Authorized by Minute Action, approved on January 28, 1991
Contract with Robert Bein, William Frost & Associates
Address 14725 Alton Parkway
P.O. Box 19739
Irvine, CA 92718
Amount of Contract (See Agreement)
" �'e 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
0
TO: City Council
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JAN 2 1991
AM- 0 E
FROM: Public Works Department
January 28, 1991
CITY COUNCIL AGENDA
ITEM NO. F-3(e)
SUBJECT: MODIFICATION OF AGREEMENT WITH ROBERT BEIN, WILLIAM FROST
& ASSOCIATES FOR CONSTRUCTION ENGINEERING OF
COAST HIGHWAY,.0 -2591
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute the
Modification Agreement with Robert Bein, William Frost &
Associates to increase the maximum fee from $60,000 to
$110,000 for Construction Engineering.
DISCUSSION:
On August 16, 1989, the City entered into an agreement
with Robert Bein, William Frost & Associates (RBF) to provide
construction engineering services for the widening of Coast Highway
between Newport Boulevard and Highland Street.
• Due to unknown underground utilities and geological
conditions, several construction design modifications had to be
engineered. Changes which have occurred in the scope of
construction services that are included in this agreement are as
follows:
1. Redesign 12" water line.
2. Redesign sound walls.
3. Redesign retaining wall.
4. Redesign parking bays.
5. Design fire gate.
6. Design special street light footing.
7. Design grade beam over storm drain.
8. Review additional shop drawings.
9. Construction survey
This modification to the agreement will compensate RBF on
an hourly basis with the total fee not to exceed $110,000 and is an
increase of $50,000 over the original amount authorized by the
• Council. The additional cost would be shared by Caltrans, Hoag
Hospital and the City proportionally to each parties share of the
total construction cost.
Funds are included in the current budget to cover the
st agreemen modification.
Ben amin B. Nolan
Public Works Director
HH:so
0
MODIFICATION OF AGREEMENT
NUMBER C -2591
THIS MODIFICATION of the Agreement Number C -2591
entered into this 3D day of 1 1991, by
and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY ", and ROBERT BEIN, WILLIAM FROST
& ASSOCIATES, hereinafter referred to as "CONSULTANT ", is made
with reference to the following:
RECITALS:
A. On August 16, 1989, Agreement Number C -2591, was
entered into by and between CITY and CONSULTANT, hereinafter
referred to as "AGREEMENT"
B. CITY and CONSULTANT desire to modify the AGREEMENT
on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between
the undersigned parties as follows:
follows:
follows:
1. Section 2 of the AGREEMENT is modified to read as
CONSULTANT hereby agrees to perform all the services as
outlined in the Letter of Proposal dated August 3,
1989, to the AGREEMENT and to perform additional
services as outlined in Addendum No. 1, dated February
15, 1990, and Addendum No. 2, dated April 23, 1990; and
by this reference made a part hereby.
2. Section 3 of the AGREEMENT is modified to read as
CONSULTANT shall be compensated for services performed
pursuant to the agreement in the amount and manner set
forth in the Letter of Proposal dated August 3, 1989;
Addendum No. 1, dated February 15, 1990; and by
Addendum No. 2, dated April 23, 1990, incorporated
herein by this reference
from $60,000 to $110,000.
1
The maximum fee to change
i
IL
� +H
3. Except as expressly modified herein, all other
terms covered and set forth in the AGREEMENT shall remain the
same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Modification of Agreement to be executed on the day and year
first above written.
ATTEST:
z�e24�_'
City Clerk iv U
APPROVED AS TO FORM:
i
/
Cit -Attorney
CITY OF NEWPORT BEACH
a Municipal Corporation
Mayor
CONSULTANT
Robert Bein, William Frost &
Associates
By i
Senio Vice President
2
cF�ober"i 'Beirl,ryWilliam `Fr'ost 6&c,9ssociates
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
February 15, 1990 JN 25872
Mr. Horst Hlawaty
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Proposal for Additional Professional Engineering
• Redesign Proposed 12" Waterline Profile
• Redesign Proposed Soundwall VII
• Redesign Retaining Wall 1"
• Review 30" Sewer Interference and Design
• Recalculate Earthwork Quantities
• Design special Street Light Footing
Design Soundwall Gate
Pacific Coast Highway Widening (Newport Blvd.
City of Newport Beach Contrast No. C -2591
Dear Horst:
and Surveying services
Concrete Fillet
to Highland St.)
In accordance with your request we hereby present this addendum for additional
professional engineering and surveying services. Tne services include the following:
Revise previously prepared water improvement plans to raise the profile of the
proposed 12" watermain. We have completed this requested work as a result of your
recent direction.
Revise previously prepared soundwall plans to raise the profile for soundwall VII t
accommodate the "As -Bid" drilled pile footing. We have completed this additionz
work as a result of earlier direction from the City of Newport Beach.
Revise previously prepared retaining wall plans to replace the approved weephole
bydrostatic drainage system with a horizontal perforated pipe behind the wall. In
accordance with your request we have completed this additional work.
Review interference of the existing 30" sewer force main with the construction of
storm drain line #1, at PCH street station 33 +80 approximately, and prepare a
response letter incorporating details to construct a concrete fillet in order to
accommodate the constructed condjljpn „ ,At the City's direction we have completed
this work.
ss
is ®a
aw "GUM
•a +vac,
,
February 15,,1990 • NSF.
Page 2
Recalculate the eartbwork quantities based on the City's decision to consider the
unclassified excavation work as a fixed pay item. We have completed this work
based on the City's direction.
Design a special street light footing on the southerly side of PCH at street station
8 +40 to accommodate the existing 30" storm drain in this vicinity. We have
completed this requested work recently.
Design a soundwall gate to provide fire control access through soundwall M near
street station 2 +75 in accordance with the City's recent direction.
This is a continuation of work activities originally authorized by the City of Newport Beach
per the signed agreement, dated August 11, 1989. An outline of the specific tasks to be
completed under this addendum is presented for your information as follows;
(A) REDESIGN PROPOSED 12" WATERLINE PROFILE (Completed)
This task was previously completed as a result of the request by the City of Newport Beach
to raise the previously approved proposed 12" waterline profile for an approximate total
length of 1500 linear feet. The request also involved revisions to previously prepared
details and fittings. This task also includes attendance at (1) meeting as requested by the
City of Newport Beach.
(B) REDESIGN PROPOSED SOUNDWALL VH (Completed)
This task was previously completed as a result of the request of the City of Newport Beach
to raise the previously approved profile for soundwall VU for an approximate length of
2,360 linear feet. This was to accommodate the "As -Bid" drilled pile footing for this wall.
This involved revisions to five (5) Plan and Profile Sheets. Additionally, revisions were
made to two (2) Detail Sheets to show the drilled pile footing details.
(C) REDESIGN RETAINING WAIL 1" (Completed)
This task was previously completed as a result of the request of the City of Newport Beach
to replace the approved weephole hydrostatic drainage system with a horizontal perforated
pipe behind the wall. This was based on a review of the f: ;ld conditions by the City when
storm drain system rr 17 (in close proximity to retaining w it "I ") was being installed.
This task involved revisions to the plan, profile and sectional views for retaining wall "I"
along with the preparation of additional details to connect the drainage system to a catch
basin.
JN 25872
" FebNary 15, 1990 •
Page 3
(D) SE VER INTERFERENCE AND CONCRETE FILLET DESIGN (Completed)
Research available "As- Builts" drawings completed for the existing 30" sewer force main
(SFM) constructed under Orange County Sanitation District Contract 5 -29. Upon review
of these drawings conduct a field review of the interference along with associated ground
photography.
Prepare a letter outlining the existing conditions and the future location of the 14',.5'
reinforced concrete box (RCB) to be constructed under the Pacific Coast Highway Project.
At the City s request, design a concrete fillet in the comer of the RCB, over the SFM in
order to accommodate the constructed condition. This work involved the preparation of
separate drawings to show the details of the concrete fillet.
(E) RECALCULATE EARTHWORK QUANTITIES (Completed)
Recalculate the entire earthwork quantities, using the previously prepared cross sections,
based on the City's decision to consider the unclassified excavation work as a fixed pay
item. Prepare a table showing back -up earthwork calculations. We have completed this
work at the City's direction.
(F) DESIGN SPECIAL STREET LIGHT FOOTING (Completed)
Review existing utilities and design a special street light footing on the southerly side of
PCH at street station 8 +40 to accommodate the existing 30" storm drama under the sidewalk
in this vicinity. prepare separate drawings to show the details of the special footing. Th=.•s
task has been completed as a result of the City's earlier direction.
(G) DESIGN SOUNfDWALL GATE (To be completed)
Reseamk InvesTigation erred Revimv
Review the location of the proposed fire access gate based on the Ingress- Egress easement
exhibit provi :ed by the City. Research suitable sound reduc .sg materials for the gate
construction aat meets Caltrans' requirements and the climatz conditions of the site.
Revise SoundwaQ Plays
Revise previously prepared plans to show the construction of a 16' wide soundwall gate near
street station 2 +75. It is anticipated that no revision to the pilaster locations as shown
presently on the plans will be necessary. Prepare additional gate details as necessary for
construction.
M
JN 25872
Page 4
The following is a summary of the additional fees requested to accomplish these additional
tasks:
CONTRACT SUMMARY
Estimated
Task Description Additional fee
(A) REDESIGN PROPOSED 12" WATERLINE PROFILE
(B) REDESIGN PROPOSED SOUNDWALL VII
(C) REDESIGN RETAINING WALL "I"
(D) SEWER INTERFERENCE AND CONCRETE FILLET DESIGN
(E) RE, CALCULATE EARTHWORK QUANTITIES
(F) DESIGN SPECIAL S'T'REET LIGHT FOOTING
(G) DESIGN SOUNDWALL GATE
Total Professional Dees Requested this Addendum No. 1
Previously Requested .Fees (Excluding reproduction)
TOTAL FEES REQUESTED
$ 4,778.00
1,900.00
1,200.00
1,900.00
700.00
500.00
1,100.00
$12,078.00
$58,486.00
70 54.0{0
Consultant shall complete the work outlined herein on a time and materials basis and
invoice the City of Newport Beach monthly. We are pleased to be of continuing service
to the City of Newport Beach, if you have any questions regarding this proposal, please
contact me. Please indicate your approval of this contract by signing the attached
"Agreement Between Client and Consultant" and return the white copy, or by issuing written
acceptance in a form consistent with your procedures.
Sincerely,
ROBERT BEIN, WILLIAM FROST AND ASSOCIA'T'ES
Gary er, P.E.
Vice esident
Public Works Engineering
CnM:rlf/Z87ZJW
pr. Accounting (2)
Doug Frost, REF
Jim McDonald, REF
John McLaughtin, REF
JN 25872
,
'F,bberl 'BehL,`William `7i-ost G&C,9ssociates
PROFESSIONAL ENGINEERS. PLANNERS & SURVEYORS
April 735, 1990
Mr. Horst Hlawaty
City of Newport Beach
3300 Newport Boulevard
Newport Beach, Ca 92663
JN 25872
Addendum No. 2
Subject: Proposal for Additional Professional Engineering and Surveying Services
Pacific Coast Highway Widening (Newport Blvd. to Highland Street)
City of Newport Beach Contract No. C-2591
Dear Horst:
In accordance with your request we hereby present this addendum for additional
professional engineering and surveying services. These additional services include the
following: Review of additional Shop Drawings, Design of Water Valve Vault, Storm
Drain and Soundwall Revisions, Preparation of Miscellaneous Details and Construction
Survey.
This addendum contains our Scope of Work and Fee Estimate attached as Eydhibits "A' and
"B" for you review and approval. This is a continuation of engineering services originally
authorized by the City of Newport Beach per the signed agreement, dated August 11, 1989.
We are pleased to be of continuing services to the City of Newport Beach. If you have any
questions regarding this proposal, please contact me. Please indicate your approval of this
contact by signing the attached "Agreement Between Client and Consultant" and return the
white copy or by issuing written acceptance in a form consistent with your procedures.
yt Si
Gary LXmiller, P.E.
Vice President
Public Works Engineering
GM.rIf12SMad1
PC: Accounting (2)
Doug Frost, RBF
Jim McDonald, RBF
John McLaughlin, RBF
Trofessiorlal $rrvice Siqce 1944
I ,
Pacific Coast Highway Widening
(Newport Blvd. to Highland St.)
Addendum No. 2
(A) REVIEW ADDITIONAL SHOP DRAWINGS
(i) Shop Drawings (Completed)
This task includes the review of Shop Drawings submitted by the City's Contractor for
conformance with the improvement plans and specifications. The following 27 submittals
out of the total 38 submittals are beyond the work anticipated for Task I "Shop Drawing
Review" of our original proposal dated August 11, 1989:
Storm Drain Line Layouts (i submittal)
Trench Shoring Systems (6 submittals)
Alternate Concrete Sources (6 submittals)
Precast Box Culvert (3 submittals)
Epoxy, Caulking and Expansion Joint Materials (3 submittals)
Bulkhead alternative at Bay Outlet (2 submittals)
Traffic Signal Cabinets (1 submittal)
Pile Caissons (3 submittals)
Filter Fabric and Rip -Rap (1 submittal)
Gated Diversion Facility (1 submittal)
(u) Future Shop Drawing Submittals. (To be Completed)
It is anticipated that the following six additional submittals will be reviewed by RBF during
the remainder of the project:
Gated Diversion Facility
Handrailing
Soundwall Gate
Planting
Irrigation
Traffic
For budgetary purposes, forty (40) manhours has been allocated for these reviews. Actual
work to complete "Shop Drawing Review" shall be on a time and material basis.
(B) DESIGN WATER VALVE VAULT (Completed)
This task was previously completed as a result of the verbal request by the City of Newport
Beach to design a water valve vault near Pacific Coast Highway and Bayside Drive. The
lower portion of the vault was to be constructed of cast in place concrete while the top
portion was to be constructed of a precast concrete section. All data for use in the design
was provided by the City.
This task involved the design of the vault floor slab, walls and the preparation of structural
details.
IN 25872
FXMTT "A'
Pacific Coast Highway Widening
(Newport Blvd. to Highland St)
Addendum No. 2 (Continued)
(C) CONSTRUCTION SURVEY
(i) Requested Surveys (Completed)
This task was previously completed as a result of the request by the City of Newport Beach
to provide construction survey services.
This task involved the construction staking of approximately 550 linear feet of Soundwall
VII near Balboa Boulevard to avoid relocation of the previously constructed Edison
facilities. This task also involved the verification of items staked by the City's Contractor
and locating a previously constructed portion of the precast concrete box culvert near
Newport Boulevard.
(ii) Future Construction Survey (To be Completed)
We anticipate that the City will request additional construction survey services throughout
the remaining duration of this project. For budgetary purposes twenty (20) 3- man-crew
hours have been allocated to this task. Actual time to complete survey services shall be on
a time and materials basis.
(D) REDESIGN PARKING BAY (Completed)
This task was completed at the direction of the City to redesign the parking bay along
Pacific Coast Highway between Fem Street and Orange Street to avoid relocation of the
previously constructed Edison vault. This Edison Vault had been constructed at a location
inconsistant with the approved construction plans.
This task involved the reconfiguration of the drainage through the parking bay and the
redesign of the curb grades for approximately 65 linear feet. Additionally, a 10 scale detail
showing the parking bay modifications was prepared.
(E) REALIGN PRECAST BOX CULVERT (Completed)
This task was previously completed as a result of the request of the City of Newport Beach
to modify the precast box culvert near Newport Boulevard to avoid relocation of the high
pressure gas line in this vicinity. Although pothole information was obtained during the
design phase of this project the interference with the gas line was not at a pothole location
and the pipeline elevation was interpolated between pothole locations.
This task includes coordinating with Southern California Gas Company and involved a
hydraulic analysis of alternative culvert sections along with the redesign of the culvert profile
for an approximate length of 115 linear feet. Additionally, a 20 scale drawing showing the
revised profile was prepared.
JN 25872
Ocific Coast Highway Widening
(Newport Blvd. to Highland St)
Addendum No. 2 (Continued)
(F) PREPARE SOUNDWALL FOOTING DETAILS (Completed)
This task was previously completed as a result of the request of the City of Newport Beach
to prepare details for Soundwalls X1 and XVI to avoid relocating previously constructed
Edison facilities and to avoid other utilities in the vicinity.
This task includes coordinating with Southern California Edison Company and the
preparation of seven separate details showing modifications to the soundwall footings.
(G) DESIGN GRADE BEAM OVER STORM DRAIN (Completed)
This task was previously completed as a result of the request of the City to design the grade
beam to bridge over a storm drain approximately at street station 37 +40. The conflict with
the grade beam and storm drain occurred when the plans were revised to show the
construction of a grade beam with CIDH piles for the soundwall footing.
This task involved the design of the grade beam to bridge over the storm drain and to
maintain the structural integrity of the grade beam. Additionally, structural details were
prepared to show the construction in this vicinity.
(H) ADDITIONAL, CONSTRUCTION PLAN INTERPRETATION (To be Completed)
We anticipate that additional work outside the scope of Task II on our original proposal,
dated August 11, 1989 will be required during the remainder of this project. This work
includes services to interpret plans and recommend plan revisions based upon actual field
conditions encountered during construction.
For budgetary purposes eighty (80) manhours has been allocated to this task. Actual work
to perform these services shall be on a time and materials basis.
JN 25872
Pacific Coast Highway Widening
(Newport Blvd. to Highland SQ
Addendum No. 2
The following is a summary of the additional fees requested to accomplish these additional
tasks:
CONTRACT SUMMARY
Task Description
(A) REVIEW ADDITIONAL SHOP DRAWINGS
(i) Shop Drawings (Completed)
(ii) Future Shop Drawings Submittals
(B) DESIGN WATER VALUE VAULT (Completed)
(C) CONSTRUCTION SURVEY
(i) Requested Surveys (Completed)
(ii) Future Construction Survey
(D) REDESIGN PARKING BAY
Estimated
Additional Fee
(E) REALIGN PRECAST BOX CULVERT (Completed)
(F) PREPARE SOUNDWALL FOOTING DETAILS (Completed)
(G) DESIGN GRADE BEAM OVER STORM DRAIN (Completed)
(H) ADDITIONAL CONSTRUCTION PLAN INTERPRETATION
Total Professional Fees Requested this Addendum No. 2
Previously Requested Fees including Addendum No. 1
(Excluding reproduction)
TOTAL, FEES REQUESTED
S 13,663
3,200
1,836
4,852
3,826
415
798
1,010
1,695
6.400
$37,695
$70,564
5108,259
Consultant shall complete the work outlined herein on a time and material basis and
invoice the City of Newport Beach on a .monthly basis.
JN 25872
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
(714) 644 -3005
FROM: CITY CLERK
DATE: December 11, 1989
SUBJECT: Contract No. C- 2591(B)
Description of Contract Modification of Agreement for Design of
PCH Widenine Protect.
Effective date of Contract December 11, 1989
Authorized by Minute Action, approved on November 27, 1989
Contract with Robert Bein, William Frost & Associates
Address P.O. Box 19739
14725 Alton Parkway
Irvine, CA 92718
Amount of Contract (See Agreement)
" (�e 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
-fir •
•
TO: CITY COUNCIL
FROM: Public Works Department
November 27, 1989
CITY COUNCIL AGENDA
ITEM NO. F_ 3(e)
v 1 ;;OUN011.
NOV 2 7 1989
SUBJECT: MODIFICATION OF AGREEMENT WITH ROBERT REIN, WILLIAM FROST & ASSOCIATES
FOR DESIGN OF PACIFIC COAST HIGHWAY WIDENING PROJECT
RECOMMENDATIONS:
Approve the Modification Agreement No. C- 2591(8) and authorize the
Mayor to execute.
DISCUSSION:
The City entered into an agreement on October 23,1 986, with Robert
Bein, William Frost & Associates (RBF) for the preparation of plans,
•
J pecifications and contract documents for the widening of Pacific Coast Highway
etween Newport Boulevard and Highland Street. This agreement was modified on
anuary 22, 1988 and December 12, 1988.
Changes which have occurred in the scope of services that is included
in the agreement are as follows:
1. Provide independent structural calculations for all work as
required by Caltrans.
2. Design alternate pile foundation for Lido Sands sound wall.
3. Revise Lido Sands sound wall to reduce height from 10' to 8'.
4. Add sound wall between Walnut Avenue and Cedar Street as required
by Coastal Commission.
5. Revise traffic signal plan as requested by Caltrans.
6. Revise quantity and cost estimates.
• 7. Revise Balboa Coves sound wall to reflect changes agreed to by
City in agreement with Balboa Coves.
B. Prepare drainage study requested by Caltrans.
9. Miscellaneous plan revisions requested by Caltrans.
•
Subject: Modification of Agreement with RBF for Design of Pacific Coast Highway
Widening
November 27, 1989
Page 2
Because of the changes in the scope of work, the modification extends
the term of the agreement to December 31, 1989.
The change in fee for the above scope of revisions is $35,042.00.
This increases the maximum allowable fee to $623,449. The City's portion of the
increased fee would be $7,981.22. Under the terms of a Cooperative Agreement,
Caltrans will reimburse the City for the remaining $27,060.78 of the increased
fee.
Funds are included in the current budget for the City's portion of the
increased fee.
,,4 -" a a
Benjamin B. Nolan
• Public Works Director
DCS:so
•
,
. MODIFICATION OF AGREEMENT •
NUMBER C- 2591(B)
This Modification of the Agreement Number C- 2591(B) entered into this
day of 1989, by and between the CITY OF NEWPORT
BEACH, a municipal corporation (hereinafter "CITY ") and ROBERT BEIN, WILLIAM
FROST & ASSOCIATES (hereinafter "CONSULTANT "), is made with reference to the
following:
RECITALS:
A. On October 23, 1986, Agreement Number C- 2591(B), was entered into
by and between CITY and CONSULTANT (hereinafter "AGREEMENT").
modified.
B. On January 22, 1988 and December 12, 1988, the AGREEMENT was
C. CITY and CONSULTANT desire to modify the Agreement and the
modification on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. The term of the AGREEMENT is extended to December 31, 1989.
2. Section VI A of the AGREEMENT is modified to read as follows:
CONSULTANT hereby agrees to perform all the services as outlined
in Exhibit "A" attached to the AGREEMENT, Exhibit "D" attached to the
modification of AGREEMENT and to perform the additional services as outlined in
Exhibit "E" attached hereto consisting of Addendum No. 7, dated July 7, 1988
and Addendum No. 8 dated July 12, 1989; and by this reference made a part
hereof.
3. Section XXIV B of the AGREEMENT is modified to change the net fee
from $52,845 to $56,700.
3. Section XXIV D of the AGREEMENT is modified to change the total
expenditures from $588,407 to $623,449.
4. Except as expressly modified herein, all other terms and covenants
set forth in the AGREEMENT shall remain the same and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Modification
of Agreement to be executed on the day and year first above written.
CITY OF NEWPORT BEACH,
APP VED AS TO FORM: a Municipal Corporation,
� By:
,ty Attorney P i
f ly
r rl CONSULTANT
ATTEST: <. Robert Bein, William Frost & Associates
City Clerk yorice �dent,
`lobed '�Beiil,`William ch-ost 6&c9ssociates
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
July 7, 1989
Mr. Don Simpson
Department of Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Proposal for Additional
Pacific Coast Highway'
Dear Don:
EXHIBIT E
JN 23627
LID Addendum No. 7
(Revised)
We hereby request this addendum to our contract for the final design and preparation of
improvement plans and contract documents for the widening of Pacific Coast Highway
(Newport Boulevard to Orange Street). This is a continuation of work activities originally
authorized by the City of Newport Beach per the signed agreement dated October 23, 1986.
The specific tasks associated with these additional services include:
TASK I - RETAINING /SOUND WALL DESIGN
A. Independent Calculation Review
As a result of recent direction by Caltrans, provide a completely independent
review of structural calculations for all walls included with this project.
B. Alternative Wall Design
At the request of the City of Newport Beach, consult with Geotechnical Engineer
(WCC) and evaluate feasibility of beam /pile wall foundation for sound /retaining
walls at Lido Sands.
C. Revise Sound Wall Heiehts
At the request of the City of Newport Beach, revise sound wall plans from 10-
foot high to 8 -foot high sound wall. This requires modification to sound wall
plans, profiles, and calculations for approximately 2,400 feet of previously prepared
sound wall plans.
AN
UP
1 of 12
P.O. BOX 19739 • 14725 ALTON PARKWAY. IRVINE, CALIFORNIA 92718 • (714) 472 -3505 • FAX (714) 472 -8373
OFFICES IN NEWPORT BEACH • PALM DESERT • RANCHO CALIFORNIA • SAN DIEGO
Mr. Don Simpson
July 7, 1989 • 0
Page 2
D. Additional Walls (Walnut Avenue to Cedar Street)
As a result of City direction, prepare plans for approximately 75 feet of additional
soundwall on the northerly side of PCH between Walnut Avenue to Cedar Street.
TASK II - STORM DRAIN REVISIONS
9'X4'RCB
As a result of the recent direction by the City of Newport Beach a request for these
services will be deleted from this request and will be included withn a separate
addendum request to our contract.
TASK III - ADDITIONAL GEOTECHNICAL SUPPORT (WCC /RBF)
As a result of the recent Caltrans request, Woodward -Clyde Consultants (WCC) will
provide a review of the plans and specifications for compliance with the
recommendations of the soils report prepared for this project.
TASK IV - TRAFFIC SIGNALIZATION. LIGHTING. STRIPING AND SIGNING
A. Traffic Signalization
As a result of the recent Caltrans plan review comments, revise previously
prepared plans to accommodate the following:
1. Installation of pedestrian push buttons in extended median island noses.
2. Inclusion of additional mast arm heads for all new and existing intersections
on PCH.
3. Provisions for additional "T' type pole with signal head and pad button
within the extended and widened median on PCH at Superior Avenue.
4. Revisions to street lighting plans to:
Relocate street light to back of walk on northerly side of PCH (Sta. 17 +68)
to accommodate (1) additional parking bay. Eliminate street lights at
westerly end of project outside limits of current project. It was previously
indicated that these lights should be included with this project.
5. Revisions to signal /street lighting and wiring schedules to reflect the above
revisions.
JN 23627
Addendum No. 7
2 of 12 (Revised)
Mr. Don Simpson • •
July 7, 1989
Page 3
B. Traffic Signine(StriRing
As a result of Coastal Commission review and Caltrans plan review comments,
revise plans to provide for the following:
1. Installation of new coastal access and public parking signs.
2. Revision to signing plans to extend median noses and add median nose
signing at intersections on PCH.
TASK V - ADDITIONAL LANDSCAPING & IRRIGATION
As a result of the recent request by the City, provide additional landscaping and
irrigation adjacent to the sound wall on the northerly side of PCH between Fern Street
and Orange Street.
TASK VI - ADDITIONAL EXHIBITS
At the request of the City, prepare and provide additional exhibits as follows:
1. Right -of -way exhibit books showing areas of R/W affected by this project on
the northerly side of PCH and adjacent to Newport Shores from westerly of
Seminoux Slough to Highland Avenue.
2. Exhibit showing power pole locations for use by SCE. As a result of the
proposed undergrounding of SCE facilities, these poles were not previously
shown on the plans. Subsequent information provided indicated that these
poles would be in place at the time of contruction and may create a conflict
with the proposed improvements.
3. As a result of the City request, revise previously prepared Superior Avenue
parking lot exhibit to show expanded and future City bike trails and access
road.
TASK VII - ROADWAY PLAN REVISIONS
As a result of the recent Caltrans and City of Newport Beach requests, revisions to
previously prepared plans will be necessary. These changes include the following:
JN 23627
Addendum No. 7
(Revised)
3 of 12
Mr. Don Simpson
July 7, 1989
Page 4
A. Median Nose Extensions
Revise plans and alignment calculations to accommodate the extension of median
island noses to accommodate requested changes as a result of Task IV - A Traffic
Signalization.
B. Parking BU Addition
Revise plans and profile to accommodate one (1) additional parking bay at the
northerly side of PCH (STA 17 +68).
C. Revise Curb Return at Walnut Street
Revise plans to accommodate changes to curb return and driveway at Walnut
Street. This work was necessary to accommodate the current Right -of -Way
available for this project.
D. Newport Ramp Structural Section
Revise plans to accommodate new structural section provided by Caltrans.
E. Sidewalk Revisions
Revise plans to accommodate removal and replacement of sidewalk adjacent to
Lido Sands Drive.
F. Revise Balboa Coves Curb
Revise curb to 6' x 12" concrete header parallel to Balboa Coves
sound wall to accommodate drainage concerns.
TASK VIII - QUANTITY/COST REVISIONS
As a result of the expanded scope of work to accomodate the above tasks, revise
previously prepared Quantity and Cost Estimates.
This task requires changes to the following:
a. Caltrans Cost Summary
b. City of Newport Beach Cost Summary
C. Hoag Hospital Cost Summary
d. Total Cost Summary
e. Superior Avenue Parking Lot Access Road Cost Estimate (Exhibit "C ")
JN 23627
Addendum No. 7
4 of 12 (Revised)
Mr. Don Simpson •
July 7, 1989
Page 5
TASK IX - CONSULTATION AND MEETING ATTENDANCE WITH CITY AND
CALTRANS
Attend meetings and consultation with the City and Caltrans as identified
below:
1. As a result of additional Tasks I through VII,
2. To accommodate an extended project completion schedule
For budgetary purposes, a maximum of four (4) additional meetings has been
allocated to perform these services. These additional meetings assume
completion of this project by February 28, 1989.
The attached Fee Summary identifies additional fees requested, based on the
manpower estimates to accomplish these additional tasks.
We are pleased to be of continuing service to the City of Newport Beach. If you have any
questions regarding this proposal, please contact Gary Miller or me. Please indicate your
approval of this contract addendum by signing as indicated below and returning one copy,
or by issuing written acceptance in a form consistent with your procedures.
Sincerely,
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
Ja s E. McDonald, P.E.
enior Vice President
Civil Engineering
jcs /a7r
pc: Accounting (2)
Gary Miller, RBF
JN 23627
Addendum No. 7
5 of 12 (Revised)
Mr. Don Simpson •
July 7, 1989 •
Page 6
CONTRACT SUMMARY
(Original Contract & Addendum 1 through 7)
Total Fees Previously Authorized (Addendums 1 through 6) $588,407
Total Professional Fees Requested with this Addendum
23,012
Total Fees Requested With This Addendum $611,419
Total Reproduction Allowance requested with this Addendum (Budget Item) 3,000
JN 23627
Addendum No, 7
6 of 12 (Revised)
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`Robert `Beiq,`William `P-ost 6,0,9ssociates
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
July 12, 1989
Mr. Don Simpson
Department of Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
JN 23627
Addendum No. 8
Second Revision
Subject: Proposal for Additional Engineering Services - Pacific Coast Highway
Widening (PCH - SRI)
Dear Don:
We hereby request this addendum to our contract for the final design and preparation of
improvement plans and contract documents for the widening of Pacific Coast Highway
(Newport Boulevard to Orange Street). This is a continuation of work activities originally
authorized by the City of Newport Beach per the signed agreement dated October 23, 1986.
The specific tasks associated with these additional services include:
TASK I RETAINING /SOUND WALL DESIGN REVISIONS (Adjacent to Balboa
Coves)
As a result of the City's request letter dated February 22, 1989, revise
previously prepared plans and specifications for approximately 1,640 feet of
soundwall on the southerly side of PCH for the Balboa Coves development.
This task includes revisions to plans and specifications as follows:
1. Change slump stone to common block and stucco.
2. Eliminate brick cap.
3. Eliminate pilasters.
4. Delete portion of sound wall XIV from Sta 10 +00 to STA 13 +25.17.
5. Realign portion of sound wall XIV between STA 13+25.17 and
STA 14 +87.05 to accommodate realignment of the wall extending
along Pacific Coast Highway and then southerly along the easterly side
of Lot 72.
WZ
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WA
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8 of 12
sEa�,�E
P.O. BOX 19739 • 14725 ALTON PARKWAY, IRVINE, CALIFORNIA 92718 • (714) 472 -3505 • FAX (714) 472 -8373
OFFICES IN NEWPORT BEACH • PALM DESERT • RANCHO CALIFORNIA • SAN DIEGO
Mr. Don Simpson • •
July 12, 1989
Page 2
TASK I (cont.)
6. Extend wall VIII easterly from STA 6 +47.33 along Pacific Coast
Highway and then southerly along the westerly side of Lot 75.
It is estimated that this task will require revisions to six (6) previously
prepared plan sheets in order to accomplish this work.
TASK II LANDSCAPING AND IRRIGATION REVISIONS
As a result of revisions included in Task I herein, revise landscaping and
irrigation adjacent to the sound walls on the southerly side of PCH at Balboa
Coves. It is estimated that this task will require revisions to seven (7)
previously prepared landscape plan sheets in order to accomplish this work.
This task excludes landscaping within the remaining triangular area on the
southerly Balboa Coves side of the new wall and assumes this landscaping will
be provided by the Balboa Coves Association.
TASK III QUANTITY /COST REVISIONS
As a result of the expanded scope of work to accommodate the above tasks,
revise previously prepared Quantity and Cost Estimates. This task requires
changes to:
1. Caltrans Cost Summary
2. City of Newport Beach Cost Summary
3. Hoag Hospital Cost Summary
4. Total Cost Summary
TASK W SOUND WALL TRANSPARENT PANEL REVISIONS
As a result of the request by the City, revise detail plan sheet SW 21.
TASK V REVIEW OF OVERFLOW DRAINAGE
Provide preliminary review and conceptual exhibit for review of Hoag
Hospital and Caltrans storm drains. This work is at the request of Caltrans
Drainage Department to evaluate overflow drainage impacts to the Newport
Boulevard ramp as a result of the construction of the currently proposed
closed storm drain as the previously provided open drainage system. This
additional overflow study would not normally be required and was not
included in our original scope of work for this storm drain system.
JN 23627
9 of 12 Addendum No. 8
Second Revision
Mr. Don Simpson •
II July 12, 1989
Page 3
TASK VI CONSULTATION AND MEETING ATTENDANCE WITH CITY AND
CALTRANS
Attend meetings and provide consultation with the City and Caltrans,
1. As a result of additional Tasks I through III;
2. To accommodate an extended project completion schedule.
For budgetary purposes, a maximum of sixteen additional
manhours has been allocated to perform these services. These
additional meetings assume completion of this project by
April 20, 1989.
The attached Fee Summary identifies additional fees requested,
based on the manpower estimates to accomplish these
additional tasks.
JN 23627
10 of 12 Addendum No. 8
Second Revision
JN 23627
11 of 12 Addendum No. 8
Second Revision
Mr. Don Simpson
July 12, 1989
Page 5
FEE SUMMARY
Addendum No. 8
TASK I
TASK II
TASK III
TASK IV
TASK V
TASK VI
Principal @ $100 200
0
0
0
0
0
Structural Eng. @ $80 340
0
0
160
0
80
Proj. Mngr /Eng. @ $75 600
150
375
75
450
450
Design Engineer @ $55 2,200
330
440
0
110
550
Sr. Draftsman @ $44 1,320
880
0
176
132
0
Survey (2 -man crew) 600
0
0
0
0
0
Clerical @ $28 0
0
112
0
0
0
Sub Consultants
Bob Graves (L.S.) 0
2,200
0
0
0
0
TOTALS 5,260
3,560
927
411
792
1,080
Total Estimated Professional Fees Tasks I through VIII
Blueprinting and Reproductions (Budget Only)
TOTAL FEES
$ 12,030
500
$ 12,530
JN 23627
12 of 12 Addendum No. 8
Second Revision
i 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR !%in�i�cL•
FROM: CITY CLERK
DATE: August 23, 1989
SUBJECT: Contract No. 2591
Description of Contract Consultant Agreement with Robert Rein,
William Frost & Associates for construction cuppnrr c wires for
PCH widening project.
Effective date of Contract August 16, 1989
Authorized by Minute Action, approved on August 14, 1989
Contract with See above
Address P.O. Box 19739, Irvine, Ca. 92718
Amount of Contract Not to exceed $60,000
Z� "(: ' ,
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
c��F
i 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR !%in�i�cL•
FROM: CITY CLERK
DATE: August 23, 1989
SUBJECT: Contract No. 2591
Description of Contract Consultant Agreement with Robert Rein,
William Frost & Associates for construction cuppnrr c wires for
PCH widening project.
Effective date of Contract August 16, 1989
Authorized by Minute Action, approved on August 14, 1989
Contract with See above
Address P.O. Box 19739, Irvine, Ca. 92718
Amount of Contract Not to exceed $60,000
Z� "(: ' ,
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this 14�22elday of ,
1981, by and between the CITY OF NEWPORT BEACH, a municipal cor ation,
(hereinafter referred to as "CITY ") and ROBERT BEIN, WILLIAM FROST & ASSOCIATES,
(hereinafter referred to as ( "CONSULTANT "), is made with reference to the
following:
RECITALS
A. CITY is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on
its business as it is now being conducted under the Statutes of the State of
California and the Charter of the City.
B. CITY and CONSULTANT desire to enter into a professional services
agreement for construction support services for the Pacific Coast Highway
Widening project, Contract No. C -2591, upon the terms and conditions set forth
herein:
NOW, THEREFORE, it is mutually agreed by and between CITY and
CONSULTANT as follows:
SECTION 1. GENERAL
The work herein proposed will be financed in whole or in part with
Federal funds, and therefore all of the statutes, rules and regulations
promulgated by the Federal Government and applicable to work financed in whole
or in part with Federal funds will apply to such work. The required contract
provisions for Federal -aid construction contracts are included in Exhibit "A"
(Pages FR -1 through FR -18) attached and incorporated herein by reference.
A Certification of Consultant statement (Exhibit "B ") and Title
49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification
(Exhibit "C ") must be signed by an authorized company representative.
Iof8
•
SECTION 2. SERVICES TO BE PERFORMED
CONSULTANT agrees to perform all services and work as outlined
herein below and more fully described in the Letter of Proposal dated August 3,
1989 attached hereto:
Task I Shop Drawing Review
Task II Construction Plan Interpretation & Consultation
Task III Meeting Attendance
Task IV Construction Observation
Task V Prepare As- Builts
SECTION 3. COMPENSATION TO CONSULTANT
CONSULTANT shall be compensated for services performed pursuant to
this Agreement in the amount and manner set forth in the Letter of Proposal
dated August 3, 1989 which is attached hereto and incorporated herein by this
reference. The maximum fee shall not exceed $60,000.
SECTION 4. STANDARD OF CARE
CONSULTANT agrees to perform all services hereunder in a manner
commensurate with the community professional standards and agrees that all
services shall be performed by qualified and experienced personnel who are not
employed by CITY nor have any contractual relationship with CITY.
SECTION 5. INDEPENDENT PARTIES
CITY and CONSULTANT intend that the relation between them created
by this Agreement is that of employer- independent contractor. The manner and
means of conducting the work are under the control of CONSULTANT, except to the
extent they are limited by statue, rule or regulation and the express terms of
this Agreement.
SECTION 6. HOLD HARMLESS
CONSULTANT shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and against any and
all loss, damages, liability, claims, suits, costs and expenses whatsoever,
including reasonable attorneys' fees, arising from the negligent performance of
services or work by CONSULTANT pursuant to this Agreement.
1
2 o 8
t •
SECTION 9. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during
the term of this Agreement, all appropriate permits, licenses and certificates
that may be required in connection with the performance of services hereunder.
SECTION 10. REPORTS
Each and every report, draft, work - product, map, record and other
document, prepared by CONSULTANT under this Agreement shall be the property of
CITY.
CITY shall make no use of materials prepared by CONSULTANT
pursuant to this Agreement, except for construction, maintenance and repair of
the Project. Any use of such documents for other projects, and any use of
uncompleted documents, shall be at the sole risk of the CITY and without
liability or legal exposure of the CONSULTANT.
No report, information or other data given to or prepared or
assembled by CONSULTANT pursuant to this Agreement shall be made available to
any individual or organization by CONSULTANT without prior approval of CITY.
CONSULTANT shall, at such time and in such form as CITY may
require, furnish reports concerning the status of services required under this
Agreement.
SECTION 11. RECORDS
CONSULTANT shall maintain complete and accurate records with respect
to costs, expenses, receipts and other such information required by CITY that
relate to the performance of services under this Agreement.
CONSULTANT shall maintain adequate records on services provided in
sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. CONSULTANT shall provide
free access to the representatives of CITY or its designees at all proper times
to such books and records, and gives CITY the right to examine and audit same,
and to make transcripts therefrom as necessary, and to allow inspection of all
work, data, documents, proceedings and activities related to this Agreement.
Such records, together with supporting documents, shall be kept separate from
other documents and records and shall be maintained for a period of three (3)
years after receipt of final payment.
5 o 8
0
SECTION 12. NOTICES
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States mail, postage prepaid, registered or certified,
addressed as hereinafter provided.
All notices, demands, requests, or approvals from CONSULTANT to
CITY shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Attention: Gregory Deist, Resident Engineer
(714) 644 -3311
All notices, demands, requests, or approvals from CITY to
CONSULTANT shall be addressed CONSULTANT at:
Robert Bein, William Frost & Associates
14725 Alton Parkway
P.O. Box 19739
Irvine, CA 92718
Attention: Gary Miller
(714) 472 -3505
SECTION 13. TERMINATION
Either party may terminate this Agreement at any time and for any
reason by giving the other party seven (7) days' prior written notice; notice
shall be deemed served upon deposit in the United States Mail, postage prepaid,
addressed to the other party's business office. In the event of termination due
to fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for
only those authorized services which have been completed and accepted by CITY.
If this Agreement is terminated for any reason other than fault of CONSULTANT,
CITY agrees to compensate CONSULTANT for the actual services performed up to the
effective date of the Notice of Termination, on the basis of fee schedules
contained above, subject to any maximum amount to be received for any specific
service.
SECTION 14. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof
or for damages by reason of an alleged breach of any provisions of this
Agreement, the prevailing party shall be entitled to receive from the losing
party all costs and expenses in such amount as the court may adjudge to be
reasonable attorneys' fees.
. � S
SECTION 20. WAIVER
A waiver by CITY of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein whether of
the same or a different character.
SECTION 21. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and CONSULTANT.
IN WITNESS WHEREOF, the parties have caused this Agreement to be exe-
cuted on the day and year first above written.
APPROVED AS TO FORM:
i
Y--Attorney
CITY OF NEWPORT BEACH,
a Municipal Corporation
BY
Mayor
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
By
N L ANT
ve
Title
LIMwt
i
i
EXHIBIT "A"
SMT10N 6. FED6iAL RMIRt3IENTS FAR FOEAL -AID CONSTRUCTiON PROJECTS
6.1.0: OENEAL. The work herein proposed
will be financed In wlwle or In part rlth Fed -
erel funds, and therefore all of the statutes,
rules and.:rWulations prdaulysted by the Fed-
eral Government and applicable to work financed
In whim Or In part with Federal funds will
apply to such work. Tito "Rsquired Contract
Provisions, Faderel -Aid Construction
Contracts." Farm PAM 1273, are Included In
this Section 6. WAmwvar to said required
contract p'ovlflems : rMa of . w cede ufo
OSHA contracting oMlcerN, • NS)A- resident
englemmmH, or Osuthorized representative of the
SHA ", such rstereac" shall be construed to
mean NEWIfteero as deflaed In Section 1 -t.18
Of the Standard Spec Itlatlans.
6.1.62 I'MOBIAICE OF IMMIGUS CON -
TRACr. -�In additlom to the...proolsions In
Section 11, "Nsdlserlmlastloa,• NW section
VI 1, OSubletting or Assigning the Contract," of
t'he required contract provislons. the
Contractor shell comply with the following.
.. The bidder shell execute the.OERrIFICA-
TION WITH REGARD To THE Pf3tFgWIM OF
PREVIOUS CONTRACTS CR StBCONiRACTS SUBJECT
To THE eouAL _OPPORT1i11Ty,CLAUSE Am THE
FILING OF.REQUIRED. REKRI .,located do the
Proposal. Na request for subleKing or
assigning any portion of the contract In
excess of $10.000 will be considered under
The provisions Of 'Section VII of the
resYlred' oottract provisions unliss such
requeit Is accompanied by the CERTIFICATION
referred to above, executed by the proposed
Subcontractor.
6-1.03 WO* COL1J)510N PROVISION. The
prov(Slons In this section are applicable to
a(•1 contracts except contracts for Federal Aid
Secondary projects.
Title 23, United States Code, Section 112,
requires as a condition precedent to approval
by the Federal Highway Adwin(strafof of . The
contract for Mis work that each bidder file a
Sue statement executed by, or rn benalf of,
Revls.d 3 -21-88
the person. firm, association, or corporation
'to whom such contract Is to be awarded, cwtl-
ly(ng that such person, firm, association, or
corporation has not, either directly or indl-
. rectly, entered Into any agreement, partlei-
pated in any collusion, or othorwise.taken any
action in restraint of from competitive b14-
ding In connection with the submitted bid. A
form to make Ma non - collusion affidavit state-
mat required by Section 112 as a certification.
under penalty of perjury rather than me.a sworn
statement, as permitted by 25, USC, See. 1746,
Is included in the proposal.
FR -1
6-1.04 PARTICIPATION BT NINORITV BUSINESS
ENTERPRISES IN SIECORIUCTINC. --Part 23.
Title 49, Code of Federal Regulations applies
to this Federal -aid project. Pertinent sae -
tions of 'amid Coda w Incorporated to part or
In Its entirety within other sections of these
special provisions. _
fffsffffffffffff
Schedule B— Intart+atloa for Oateralmimg Joint
Venture Eligibility
(This form need not be' tilled In Tf all
joint venture firms are minority own" )
1. Name of joint venture
2. Address of joint venture
S. Phone number of joint venture
4. Identify the firms which comprise the
joint venture. .(The MBE partner must complete
Schedule A.)
(a) Describe the .role of the MBE tires In
The joint venture.
(b) Describe very briefly
and business 4U8Iif(eatl0ns
joint venturer:
the excorlence
of each hon-6E
I
the terms and operation of our jolat _seataro
S. Metlre._of fit* joint vmmturals business .- and. the Intended participation by each Joint
venturer In tM ` ulMertekiny. further. the
6. Provide a copy of tiro joint venture
agreement.
T. ~ Is the claimed percentage of MBE
oenershipt" ._ .
S. ownership of joint. venture: (This need
not be filled In If described In the Joint
venture agreement, provided-by auestlon'6.).
undersigned covenant and agree.to provide-to
grant* current, complete and accurate
Information regarding actual Joint venture
work and tM payment therefor and any pro-
posed `Menges to -any of the-Joint -venture
arrangements and to permit the *edit - and
examination of the books, records and files of
the Joint venture, or those of each Joint
(a) Profit and loss.sharing. venturer relevant to - the Joint ' venture, by
(b) Capital - contributions,, Including authorized representatives of "a grant* or
pulpaant. - ) the Federal funding agency. Any material
(c) Other applicable ownership inter- misrepresentation will be grounds for
efts. - terminating any contract which" may be awarded
• and for initiating action under Federal or
9. Control of and partlelpetlon In this
contract. .Identify by name. race, sex, and
Of Ire* those individuals (and "air titles) who'
are responstble for day-to -day management and
policy ' deetsioneeking, Including, but not
limited to.' those with prime responsibility
for:
(a) Ftnonelsl- d*clsloas
(b) Management decisions, such as:
(1) Estimating
(2) Marketing and sales
(3) Hiring and firing of ianegemslrt.:.'�
personnel .
(4) Purchasing of major Items or
supplies ... .
(c) Supervision of flood operations
Mote. —If, after filing "is Schedule 8 and
before the •completion of the• joint.venturels
work'on the 'contract covered :by this regule-
tion, Mere Is ,any significant change in the
Information submitted, thie Joint venture must
.,Inform_1M_graatee, either directly or through
the prime contractor if the Joint venture Is a
subcontractor. .. .
Affidavit
-The undersigned swear that the foregoing
statements are correct and Include all materiel
information necessary to Identify and explain
Revlsed }21-88
. State Im Concerning false statements.•
FR -2
............... ...............................
Nome of Firm Marne of Firm
............... ...............................
Signature Signature
..............................................
.. ••ti ee Hemp
................ ...............................
Title Title
............. ...............................
Date .. Onto
Dste .
State Of
County of
;On this day of
before we appeared. (Name)
to .ae.pertonal ly known. who, -being duly sworn,
did execute tM foregoing affidavit,-and Aid
stste.thet he or. she was properly authorized by
(Nome of firm) to
execute the affidavit and did so as his or her
free act and deed..
Notary Public
Commission expires
tSoall
Dote
State of
County of
?9
I
' on this _ day of 19_l to execute the affidavit and did so as his or
before as aoPoarod (Name) her free act and dead.
to r personally known. who, being duly sworn. • Notary Public
did evev-t^ ".a' :w .rgoing affidavits er:: ::d C, mmissfon expires
state Mat he or She ws properly outhorizad - (Seat 1
by (Nor of fire)
A
f
Revised 3-21-80 FR-3
i
0 0
S=1011 6-1.03 REQUIRED .CONTRACT FROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(Exe:ea:ve of Appalachian Contracts)
Page
1. Genera( ...........................FR -4
It. Nondiscrimination .................FR -4
111. Nonsegregated Facillties .........:FR -6
IV. Payment of Predetermined Minimum
Naga ... ...........................FR -7
V. Statements and Payrolls ...........FR -11
V1. Record of Materials. Suppiles.
and Labor ..........................FR -12
V11. Subletting or Assigning the
Contract .................... ....... FR -12
Vill. Safety: Accident Prevention .......FR -13
IX. False Statements Concerning Highway
Projects .... ......... . ............ FR -13
X. Implementation of Clean Air Act and -
Federal slater Pollution Control
Act ..... ..........................FR -14
1. GENERAL
1. These contract provisions shall apply to
all work performed on the contract by then
.Contractor's own organization and with the
assistance of workers under the contractorts
Immediate superintendence and to all work
performed on the contract by piecework, station
work, or by subcontract..
2. Except a$ otherwlse provided for In each
section, the contractor shall Insert, In each
subcontract all of the stipulations contained
In thaw Required Contract Provisions, and
further require their Inclusion In any lower
tier subcontract or purchase order that may In
turn be made. The Required Contract Provisions
shall not be Incorporated by reference In any
ease. The prima contractor shall be respon-
sible for cag lianco by any subcontractor or
lower tier subcontractor with these Required
Contract Provisions.
3. A breach of any of the stipulations
contained in these Requfr*d Contract
Provisions shall be sufficient grounds for
termination of the contract.
4. A breach of the followlag clauses of the
Required Contract Provisions may also be
grounds for debarment as provided In 29 CFR
5.12:
R.*Ased 3 -21-69
Form FRWA 1273
(Rev. 10-87)
fR-
Section 1, paragraph 2; .
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs I and 2a through 2g.
3. Disputes arising out of the labor
standards provisions of Section IV (except
paragraph 3) and Section V (except paragraph 3)
of these Required Contract Provisions shall not
be subject to the general disputes clause of
this contract. Such disputes shall be resolved
In accordance with the procedures of the U.S.
Department of Labor (DOL) as set forth in .29
CFR Parts S. 6, and 7. Disputes within the
meaning of this Clause Include disputes between
the contractor (or any of Its subcontractors)
and the contracting agency. the DOL, or the
contractor's employees or their representa-
tives.
6. Certification of Eligibility:. By-
entering Into this contract, the contractor
certifies as follows:
a. Net~ the contractor nor any parson or
firm who has an interest In the contractorts
firm Is ineligible to be awardQ Government
contracts by virtue of Section. 3(a) of'. the
Asvis Bacon Act or 29 CFR
b. No part of this contract shall be
subcontracted to any person or firm Ineligible
for award of a Government contract by virtue of
Section 3(a) of the Davis -bacon Act or 29 CFR
c. The penalty for making false statements
Is prescribed In the U.S. Criminal Code, 18
U.S.C, tool.
11. NONDISCRIMINATION
(Applicable to Federal -a Id construction
contracts and related subcontracts and purchase
orders exceeding SIO.000.)
1. Selection of labor: Ourlag the perfor-
mance of this contract, the contractor shall
not:
S. dlscrlminate against labor from any Other
State, possession, or territory of the U41ted
States. or
b_ 'ar,1C7 = -Act labor for any purpose
within the.Iimits of the project unless It is
tabor performed by convicts who are on Perot*,
supervised release, or probation.
20 Emplayawrt Practiceot
a. The Equal tagloyeent Opportunity
AftlrmmeHve Action Notice-set to! In 41 CFR
60-4.2 and the Equal Emlayment Opportunity
Constreetlaa Contract Speelfteattoas sat tat
In 41 CAI 60-1.3 are Inmrper~ br r*f*rarce
'In Ibis contract. _ 1
b. Regulation 41 CFR 60-4.2 repetres goals
and tlaatsbles for minority and hassle par
ticipmtlon expressed in parentage terms for
the eont'rae'lbrIs aggregate work force In each
trades an all construction work In the covered
area. The goals for this contract are stated
*#somber* In the bidding documents and in the
eonstrucflan contract.
c.- 14sgulatlon 41 CFR 60-4.3 provides
specific affirmative action standards the
comtracloi shall leplaaant to ensure equal*
aplaympnt opportualty In achieving tho, •
mincrlty. and female participation goals set
forth to paragraph 2b of this Section.
d 3. Equal Opportunity Ctsw*$ during the
Performance of this contract, the contractor
agrees as follows:
s. The contractor will" not discriminate
against any employee or applicant for employ-
ment because of race, color, rellglon,.sex, or
national origin. The contractor will take
oftlrmativr action 10 ensure that applicants
are deployed and that employees are treated
during emsJoyment without regard to th*Ir race,
color, religion, sax, or national origin. Such
action shall Include, but - not be Ilofted to,
the following: @MJoyment, upgrading, demotion
or transfer; recruitment or recruitment ad-
*wTising; layoffs or termination; rot" of pay
or other forms of OX""saTion; and, selection
for training, Including apprenticeship. The
contractor agrees to post In conspicuous
places, available to employees and appl lcants
Revlsed 3 -21-88
FR -3
n
L
for employment, notic.s to be provided by the
State. highway- agency (SHA) setting forth the
provisions of this nand lscrlmJnstion-ctou".
. b. The contractor ' will, in all sollcirations
or advertlseeenTa for employees placed by or on
behalf of th* contractor, state that all quell -
fled applicants will receive conslderatlon for
employment without regard to race, color,
religion, sax, or national origin.
C. The contractor will send to each labor
union or representative of workers with which
the contractor has a collective bargaining
agreement cc other contract or understanding a
notice to be provided by the SIN edvising the
said labor union or workers@ representative of
the contractorts comaltments under this Section
11, oeragraph 3.
d. The contractor will comply with all
provisions of- Exeattiv* Order 11246, Equal
Eaoloyment Opportunity, dated September 24,
1563, and of "a rules, regulations (41 CFR
Pert 60), and relevant orders of the Secretory
of labor.
a. The contractor will turn Ian all
Information and reports required by Executive
Order 11246 and by rules, regVW14 ns, and
orders of. the Secretary of Labor, pursuant
thertlo, and will permit access to Its books,
records, and accounts by the Federal Highwy
Adminlstratlon OHM)'
and the Secretary of
Labor for purposes of. investigation to as-
certain compitance with such rules, regula-
tions, and orders.
f. In the event of the contractor's-non-
compliance with the nondiscrimination clauses
of this Section 11, paragraph 3, or with any of
The said rules, regulations, or orders. tots
contract may be canceled, terminated, or sus-
pended In whale or In part. The eontroalw may
be declared lneilglble for twr!far Government
contracts or tederally- asststed construction
contracts In accordance with procedures autho-
rised In Executive Order 11246 and such Other
sanctions as may be Imposed and remedies
Invoked as provided In Executive Order 11246 or
by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
g. The contractor will Include the Provi-
sions of this Sictlon 11, paragraph 3, In every
subcontrecT or purchase order so that such
sn
provisions 'rill 'be` bladlag upon each sub -
Contractor or vendor, unless .~od by rules,
regulations, or .orders of tM Secretary of
Labor- Issued' pursuant to Section 204 of
Exmcwtive Order ,11246: The contractor will
tab . such action with respect: to any sub -
contract or purchase order as the SIN or the
FIIMA may direct as a means of enforcing such
provisions,' including sanctions for non-
Compliance. In the event a contractor becomes
a party to .litigation by a subcontractor or
veador as a result of such direction; the
eoatractor may request the'SMA to enter Idio.,
such litigation to protect Tb Interest of Ilia
State. is addition, the oonfreetoray request
the United states te.enter into such litigation
To protect the interests of the United States.
4. Selectioa of Subcontractors, Procure-
me! of Materials, and teasing of Equipments
a. The contractor shall not discriminate on
the grounds of rem, color, . sex, or national.;.
'origin In' thi selectioa and retention of sub -
contrsctors,.including Procurement of metal fats
and leases of equip" rf: In a11 -Sol icltation's
merle by the Contractor - each potential sub=
contractor or suppller small be notifled by the
contractor 'of the Cdifrectorts obligations
under this contract relative to nondiscrlwl-
nation on the grounds of race, color, sex, or..
national origin.
' b. In the event of . me. contractor's non-
, compliance with -the nondiscrimination Provl-
slons of this Section 11, paragraph 4, this
contract may be subject-to sanctions Including
but not limited to the withholding of payments
to the Contractor under the contract until the
contractor complies and /or cancellation, termi-
nation, or Suspension of tM contract In whole
or in part.
C. The contractor shell include the provi-
sions of this paragraph 4 In every subcontract,
Including procurement of materlals and leases
of equipment. The contractor shall take such
action of" respect to any subcontractor or
procurement as the SMA or the FMMA may direct
as a moons of enforcing such provisions, In-
cluding sanctions for noncompliance. In the
event a contractor becomes Involved In, or Is
threatened with, litigation by a subcontractor
Revised 3-21 -88 FR-6
or supplier es a result of such;dlrection,
contractor nay request the SIIA to enter Into r `
such litigation to protect tM Interest$ of tine
State. In "Agtir., 'h- wa:rocror may raqurt
tM united States to enter Into such litigation
to protect iM interests of the United States.
S. General Participation Requirements:
. a. Pat Icy: It Is the policy of the DOT that
disadvantaged business enterprises (DBE's), as
defined In 49 CFR Part. 23, shall have equal
opportunity to psiticlpste In the performance
Of Contracts finenced In .hole or In part with
federal funds. Consequently, the requirements
at 49 CFR Part 23 apply to this contract.
•b. Obligations The contractor agrees to tab
all necessary steps to ensure that eligible
businesses, as defined In 49 CFR Part 23, have
equal opportunity to compete for and perform
subcontracts flaaaeed In whole or In part with
Federal funds provided under this contract.
e. The contractor's failure to carry out the
requirements of paragraphs Ss and..,, 3b of this
..Section 11 shall. constitute a. breach of Con-
tract and may result In termination of the
contract or other appropriate action.
d.-The contractor sholl.provlde all Informa-
tion and ram is required by 49 CFR Part 23 or
directives Issued pursuant thereto, and shall
. permit aeeess to Its books, rem $.-accounts.
other sources of Information and Its facilities
as may be determined by the SIN or the FMMA to
be pertinent to ascertain caepllonce with the
regulations or directives.
111. NONSEGREGATED FACILITIES
(Applicable to Federal -ald construction
contracts and related subcontracts exceeding
$10,000.)
a. By submission of this bid, the execution
of this contract or subcontract, or the con-
summation of this material supply agreement or
purchase order, as appropriate, the bidder.
Federal -old construction contractor, subcon-
tractor, material supplier, or vendor, as
appropriate, certifies that the firm does not
melntain or provide for Its employeas any
segregated facilities at any of Its establlsh-
sents, and tat the firm does not permit its
employees to perform their services at any .
location, under its control, where seorepvtaA
ft04itlem re melafalned,_ The firm agrees -
thm<P breach of Mis certification Is a viola -
tioa *f' the Equal opportunity Clause In "is
contract. The firs further cwtltles that no
eagloyee will be denied access to adequate
facilities an the basis of sex.
'b. AS used In this certification, -the tars
eesg'egated facilities+ means any waiting
rams" wank °arses, reatrooes and was)raams,'
restaurants and other sating arses, timeclocks,
lodes rooms, and other storage or dressing
areas, 'perking lots, drinking foumfalns,
rexeetlon or entertsl moo! mrees,• trenspor-
•tatfom, and Mowing facilities provided for
naming which are, segregated by expllcit
direcftva,`or w, In fact, segregated an the
basis of race, color, religion, .or notional
origin, because of habit, Imam castom, or
otherwime.
. e..., The contractor agrees that It haa
obtained or will obtain Identical certification
from . proposed .. subcontractors or material
suppl)ers prior to new of subcontracts ores
consummation of material supply agteements .
exceeding_S10.000 and that it will retain such
eve Hfiations in its tiles.
IV* PII MIT OF FREOEMNIMEQ MWIMW WAGE
(bpllable to Federal-old construction
contracts and related subcontracts exceeding
S2,WV.)
1. Generale
.. . e. All mechanics and laborers employed or
working moon the sift of the wont will be paid
unconditionally and not less often tan once a
weak and without Subsequent deduction or rebate
on any account (except such payroll deductions
as are permitted by regulations Issued by the
Secretary of labor under the Copeland Act (29
CFR Part 3)1 the full amounts of ragas and bona
fide fringe benefits (or ash equivalents
thereof) due at time of payment. The payment
shall be computed at wage rates not less than
?hose contained In the wage determination of
Revised j -21-88 FR-7
the Secretary a Labor (hereinafter -the raga —
determination•) which Is attached hereto and
made a part hereof, regardless of any .contrac-
!�.: ra::. ;CWk*4ip vhlce mev.M L!!=w0.:_ U
between the contractor or, _its submnirs Mors _ .
and such laborers and mechanics. -The. wage
determination (Including any addltionaf Glassi-
f1catlons and wage rates conformed under psrs-
graph 2 of MIs Section iy and the OOL poster
(W -1321) or Form FNWA -1493) shelf be posted at
all times by the contractor and its subcon-
tractors at the site of the work In a prominent
and accessible plea where it eon be easily
seen by the workers. For the purpose of-Mls
Section, contributions made or costs reasonably
esticlpal for boa tlde fringe banatits under
Section 4(b)(2) of the .Davis -flacon Act (40
U.S.C. 27Es) on behalt of Want or mechanics
era considered wages paid to such .laborers or
mechanics, subject to the provisions of Section
ly, paragraph 3b, hereof. Also, for the pur-
pose of this Section, regular contributions
made or. costs Incurred 'for owe than a weekly
period (but. not less *flan than Quarterly)
wander plans, funds, or programs, which cover
the particular weekly period, are dammed to be
constructively made or ,mauled during such
weekly -Period, Such laborers mad mechanics
shell,be paid sop rop; late, wage raft-and fringe
baaafits an the wage determination for the
classification of. work actually performed,
without regard to skit 1, except as provided In
paragraphs 4 and 3 of this Section Iv.
b. Laborers or mechenia performiog work iq
more ?ban one classlflatlou say be ctmpenseted
at the rate specified for eOM clasultication
for the time actually worked therein, provided,
that the employer's payroll records accurately
'set forth the time spent in each classification
In which work Is performed. '
c. All rulings and Interpeotat'ons of the
Oevla -0eeon and Related Acts contained In 29
CFR Parts 1, 3, and 3 we herein Incorporated
by reference in this contract.
2. Classifications
a. The SMII contracting offIcar shell: require
that any class of laborers or mechanics
employed under the contract, which Is not
listed In the wage determination, shell be
classified In 'conformance with the reQe
determination.
b: The contracting officer thel!
additional classification, wage rata and tringe
benefits therefor only when the following
criteria have been met4
(1) the work to be performed by the
additional cloeslftcatlon requested Is not
performed by a classification In the wage
determination) .
(2) the 'additional classification %Is
utilized in the area by the ;e_anstructibn-
industry) sect
(3) the proposed wage refs. secluding any
bona` fide tringo benefits, beers a reasonable
-.` relationship to the wage rates contained in ta .
wage determination..
e.' it the contractor :ar: subcontractors, as
- -' appropriate, the laborers. and. - mechanica:.lif. _
.''.r.known) -to be am played,., In- the: additional.,
"v*ialasslfieation .or:..Iulr , representatives„ ".and
the"eoaitraoting oftiear. agree om,ihe elesst-
`ficstton and "wage rate= ftacludlng the amount
designated far -iring4•.beneflts where appro
:V.prlste)j-8 report 'of the action taken shall be
sent by the'contrecting officer to the U.S.
Department of Labor, Administrator: of the Mega
and Hour .Dlvl,slon�• .Fwployment Standards
Administration_ Washington, O.C. 20¢10.. The
Wage and Now Administrator, or an authorized
--
representative, -will. approve, modify, or, dis-
epprove,every additional classification action
within 30 days of receipt and so advise the
contracting officer or..will notify the
contracting officer within. the 30-day period
that edditloml.time is necessary.
- d.. In the event the contractor or subcon-
tractors.. as appropriate, . the, laborers or
mechanics -to_ be-.employed is the additional
classification or their representatives, and
The contracting Officer do not agree on the
proposed classification and wage rate
(Including the amount designated for fringe
benatlts, where appropriate), the contracting
officer shall rotor the Questions, Including
the vlews of all Interested parties and the
recommendation of the contracting officer, to
the wage and flour Administrator for determine-
tion. Sold Administrator, or an authorized
'representative; will Isar a determination
within 30 days of receipt and so advise the
contracting of. ul.; noTlty. the :con-
tracting otticar within the 30-day' period that
additional time Is necessary. -
a. The wage rate (Including fringe benefits
where appropriate) determined pursuent.to pare-
graph 2c or 2d of this Section IV shell be paid
to all workers ; "performing work,.in the addi-
tional classification from.the first day on
which Work, is performed In the classification.
3. Psymewt'of,Fringe ewwftts: ,,
_ ..: a. lawwwver, the minimum raga Erato' proscribod
W. the.. contract for a - ..class :of laborers or
mo&anlcs includes a, fringe benefit .which Is
not expressod as an hourly rate, the contractor
or subcontractors, as aporapr'.lato, shell either
pay the, benafIt as stated in the. we" deter -
mlnatlon or steal) Pay. othor.40 a 4440 - fringe
,,.Iaow It or an hourly an
rly cash equivalent thereof.
contractor or subcontractor, as
_ appropriate, 4do" act. mske� paYmsnts, to .a
trustee or.otlinr them pars". -- Wshe way con-
sider _as port of the ragas of;- any - laborer or
mechanic the: amaalt 'of any costs reasonably
anticipated in providing bona: fide fringe
benefits under a plan or program, provided,
that the Secretary of Labor Isis found, upon the
written .request of the contractor, that. the
applicable standards of the :11ovls..9acon Act
have been met. " The Secretary of Labor may
requlre the contractor to set amide In a seve-
_ rate account assets for the meeting of
obligations under the plan or program.
!. - Apprentices - and t'ratnees (Programs of
-the U.S. Osperfinent of Labor):
.. a. Apprentices: .
(1) Apprentices will be permitted to work at
lass than the predetermined rate for the work
they performed when they are employed pursuant
to and Individually registered In a bona fide
apprenticeship program registered with the U.S.
Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and
Training, or with a State awonticeshlp agency
R.vls.d 3- 21 --F3 FR-8
Ix
•
recogn l zed by the Bureau, or It a parson Is
employed in hl Neer first 90 days of Probation-
ary employment as an apprentice In such an .
apprenticeship nrnnrao. W ':Z sot lwdi vldual ly
registered In the program, but who has be" -
certified by the Bureau of Apprenticeship and
Training or a State apprenticeship agency
agency (where appropriate) to be eligible for
Probation" employment as an apprentice.
(2)• The allowable ratio of apprentices to
Journeyman level employees an the job site In
a" craft classification shall not be greater
than the ratio permitted to the contractor as
to the entire work to under the registered
program. Any employee listed an a Pay - 11'.at
an apprentice wage rats, who Is not registered
or otherwise employed as stated s"o, shall be-
paid sot Was than iha spplluKle wage rat*
listed :lo the irage deeermination for tha
classification of work actually pay formed. In
addition, any apprentlea pa too Ming work on the
Job site in *sass of the ratio Permitted under
tha registered in of; - shall be paid not less
then the applicable Sege rah an the wage
determination for the work actually performed.
MMre a am aeaetor or subcontractor is perfarm-
ing construction on a project to a locsfity
other than that in which Its program Is regisr-
tared, tM ratlos and wage isles (e pressed In
percentages of the Jow•neymea -4ove( hourly
rate) specified In iha contrsetarrs'. or
Subcontractor's registered-:progi shall be
observed. .
(3) Every apprentice must be paid at not
less thaw thacrato specified In tha registered
program for tit 0 apprentla!s level of progress,
expressed es a p4m.co I ga of 7M Journeyman -
level hourly rate.SPecitted in the applicable
wage defenmiawMan. Apprentices shall be paid
fringe benefits to accordance with tie provi-
sions of "R eppreeti . IP Program. It the
aPpresticesblp program does not specify fringe
benefits, .avolentices must be paid the full
amount of fringe benefits listed on tee wage
determination for the applicable classifice-
tlon. It the Administrator for "a Naga and
Hour Division determines that a different
practice Prevails for the applicable apprentice
classification, fringes shall be paid In
accordance with thet.dwtormination.
Racked 3 -21-88
FR-9
(s) In the event the Bureau of Apprantica
ship and Training. or a- -State - apprenticeship
agency recognized by the Bureau,. withdraws
op_ —.--: a: an apprenticeship .program, the
contractor or subeontraetor.wil`I no longer be ,
permitted to edit:• apprentices at less then
the applicable predetermined raft for the
comparable work performed by regular. employees
until an acceptable program Is approved.
b. Trolmaess
(1) Except as provided In 29 -(:FR 3.16,
trainees will not be permitted to work at Jess
then the predetermined rate for the mark W_
fag unless they are employed pursuant to and
Individually registered In a Program which has
received prior approval, avid- ,I by formal
certification by the U.S. Deportment of labor.
Employment and Training Administration.
(2) The ratio of trainees to journeyman-
level employees an "a Job site shall not be
greater than permitted ocher the plan approved e
by the Employmref and Training Administration.
May employee listed an "a p)yro11 at a thence
rate who Is not registered and participating In
a training plan approved by "a Employment and
Training Administration shall be paid not less
than the applicable wage rate on the wage
determination for the classification of work
actual leg poo fat asd. - In addition, smy: thin«
performing work on the Job site In excess of
the ratio permitted under the registered
program snail be paid not less then, the-apps l-
cable wage rata on the we" determination for
the work actually performed.
(3) Every trainee must be paid at act less
than "a rata specified in the approved program
for his/her level of progress, expressed es .e
prreerttage of the journeyman -level hourly rata
specified In the applicable raga determination.
Trelness shall be paid fringe :benefits In
accordance with the provisions of the train**
program. If the ttaln** program does not
mention frtngo benefits, trainees shall be Paid
the full amount of fringe benefits listed on
the wage determination unless the Administrator
of the raga an4 )bur Division determines that
there Is an apprenticeship program associated
with the corresponding Journeyman -level wage
rate on the rage determination which provides
V
�M
determination which provides for loss..ttan tuIi...
fringe benefits for apprentices, to which. case....
such tralnmes' shol1.. ree�ive etch, same fringe
(4) In The event the 'Employment and Training
Administration withdraws approval of a training
program, the contractor or suboonfraetor will
no longer be permitted to utilize "tnlness at
less than the appllcobie predetermined rate for
the work performed until an acceptable program
Is approved.
C. Equal faploymaat Oporhuaityt
The utilisation of apprentices;. tralnees,
and journeyo" -level employees fsMtl be In
conformity wt" the equal employment _ vwo
tunity- requirements of Executive Order 11246,
23 CFR 230h, and 29 CFR Port 30.
S. Apprentices sad Trainees (Programs of
the U.S. Deperfineat of Traaaportatlom)s
Apprentices end' tralmees . working under
apprenticeship and ' skill :trolmtag programs
which tows been certified by slim Secretary of-
Transportation as pramotimg ownt owl"aami '
oportgnity in connection with Federal -mid
highway construction programs are not subject
to the requirements of paragraph 4. of this
Section IV. The straight 'time h6urly wage
rates for apprentices and trainee under such
programs will be established by the particular`
programs. The ratio of apprentices and
trainee to Journeymen shell not be greater
then permitted by the terms Of the particular..
program.
6. ltlthhol4ing:
The SHA skalI upon Its own action or upon
written request of'an authorized representative
of the 00L withhold, or cause to be withhold,
from the contractor Or subcontractor under this
contract Or any other Federal contract with the
same prime contractor; or any othher federally-
assisted contract subject to Oavis -Beeson pre -
valling raga requirements which Is hold by tho
same prime contractor, as much of tho accrued
Payments or advances as may be considered
necessary to pay laborers and mechanics,
R.vlscd 3 -21-98
Including apprentices,. tralnees,__ and .:helpers,
employed by iM contractor or..any subcontractor
tho full amount ot.wagos required by "a. con
:: ".. in the event of failure to pay: way -
laborer or, mechanic ,_Including_enYeDDr!ntici, _
trainee, or helper, employed or working on the
site of tho work, all or. part.•of the wages -
required by tho contract, thi SM contracting
offloer my. after written.00tlee to the con-
tractor. ..take such act ton as may: be necessary _
to cow" tho suspension of any further payment.
advance. 'or guarantee of funds until Such
violations have cased.
7. Overtime Reyulrementss
th Contra~ or subcontractor oontractlhg
for Any part of tho contract work which may
require or Involve thn employment of liborers,
mechanics, watchmen ear. guards (Including
appreaticoa 'and trainee describid In para-
graphs 4 and S above) shall re4utre or permit
any laborer, 'mechanic, watdssnn, or guard In
any workwe ek "In which he /she `ts employed an
such work;' 'to work In excess of 40 tours In.
-such workwek, unto" such laborer; mechanic, .
watchman, or guard receives "compensation at a
rate not 'Jess - -then one- and - one -halt - times
hls/hor baslc'ratr of .pay for all hours worked
In ec"s'of 40' hours in such workweek.
0. ylolatloms -
Liability -for - Unpaid Magri; Llquifated
.Om ages: -In the event of my violation of the
cfwse sat 'forth In 'paragraph .7 above, the
contractor and any subcontractor- responsible
therefor 'shall be llable -to -tho affected
employee for hlslbw unpaid wages. in addition,
such contractor.' and -.subcontractor 00 1 be
liable to the United .State -(in "*.case of
work done under contract.sfor Me. District of
Columble 'or'■ territory. to such District or to
such territory) for liquidated damage. Such
liquidated damage shell be eamputed with
respect to each Individual :laborer. mechanic,
watchman, or guard employed In violation Of the
clause set forth .in paragraph 7, In the sum of
$10 for each calendar day on which such
employ" was required or permitted to work In
excess of the standard workw "k of 40 hours
FR-10
0
without payment of the overtime wages required
by the clause sat forth In paragraph 7.
°.' ifithholdina -for UeN!R' t&2" and.
Llgaldated Demegest .
The SMA shall upon Its own action or upon
written request of any &~tz-d representa-
tive of the 00L wl"hold, or cause to be
withheld, from any monles payable an account of
work performed by the. contractor or subcon-
tractor under cry such contract or any other
federal acmes eel with .the spa prime -eom-
traetor,, or. any other federally- esilsted
contract subject to the Contract woi* Hours ohd
Safety Standards Act, which Is Mld.by the some
prim contractor, such sum as may be dater-
stand to be necessary to satlsty any Ileblll-
ties of such contractor or subcontractor for
unpaid wages and liquidated damages as provided
In the clause set far" to paragraph a above.
V, STAT61EMM AND PAIIROLLS
(Appllceale to .Fodaral -eld construction
contracts and related subcontracts sxceWiag'
52,000.)
1. Compliance with Copeland 111egul61`10ns (29
(FR Part 3):
The contractar shot) :Comply with the
Copeland Regulatlons of the Secretary of Labor
which are herein IncorporetW'by reference.
2. Payrol is and Payrel l -RA=ds;
'a. Payrolls and. basic records relating
tMrafc shall to maintained by "a oontrector
and each subcontractor dnrlag the course of the
work and preserved for a porlod of 3 years from
the data of complatlon of the contract for all
laborers, mechanics, apprentices, frame",
watchmen, and guards working at the site of the
work.
b. The payroll records shall contain the
name, social security number, and address of
each such employee, his or her correct
classification, hourly rags of wages paid
(including rates of contributions or costs
Revl sod 3-21 -88
•
anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described
In Section l(b)(2)(8) at the Devis -Bacon Act),
daily and weekly nnimber of hours worked, delo,r-
tlons "de and actual .apes paid.. whenever the
Secretary of labor, pursuant to Section IV,
paragraph 3b, has found "at the ropes ot,hey
laborer or mechanic Include the amount of any
costs reasonably anticipated In providing
benefits under a plan or program described In
Section i(b)(2)(9) of the Devla -Bacon Act, "a
contractor and each subcontractor shall main-
twin records which show that the commitment to
provide such benefits is salts big, that the -
plan or program is financially responsible, and
that the plan or program has been comenaklceted
In writing to the laborers or mechanics affect-
ed, and records whits shor "a costs aatlel --
paced or the actual costs incurred In
providing -such benefits. Contractors or sub -
aontraCtors employing apprentices or trainees
under approved program Shall maintain - written
evidence Of the registration Of appreaticroship
program and certification of "Ins* programs,
the registration of am a lees and trainees,
and the ratios and wage rates prescribed io the
applicable program.
c. Fats contractor and subcontractor shall
furntsh each week In which any contract work Is
porfaraled to the SHA resident englaeer a psy-
roll of wag" pale each of its employees
(Including apprentices and train*" described
In Section IV, paragraphs 4 and Sand we chow
and guards engaged an work during the precWing
weekly payroll period). line payrolls submitted
shall set out accurately and completely all of
the Information required to be mlatalned under
paragraph 2b of this Section V. This Infonms-
tlon may be submitted in any two desired.
Optional Form WH -347 Is available for this
purpose and .wry be purchased from the
Superintendent of Documents (Federal stock
number 029- OO5-0Dlh1), U.S. Government
Printing Office, Washington, D.C. 20402. The
prime contractor Is responsible for the
submission of cooles of payrolls by all
subcontractors.
d. Each payroll subml"od shall be eecoa
penlod by a "Statement of Comollance,- signed
by its contractor or subcontractor or his /her
agent who pays or supervises th• payment of the
FR -1 1
Ax
0.
persons. cep toyed under the contract and shall
certify the following:
(i) that the payroll for the payroll period
auntalns the- (nfarmstlon required to be main -
�tained.under paragraph 2b of this Section y and
that such -tnforaetioll Is correct and complete;
. (2) "het -such laborer or mechanic (including
each helper, apprentice, and tralnee) employed
on the contract. darling the payroll period has
Wen paid the full weekly sages earned, without
rebate, either directly or Indirectly, and that
no deductions hove been made either directly or
indirectly from_ the full wages earn", other
than peg Isstble deductions as saf._fcrth to the
Regulations, 29.CFR part 3: .
(3) that each laborer or meeMnlc has bean
paid not less then the applicable wage rates
and fringe benefits or cash equivalents for the
classification of work performed, as specified
In the. applicable wage determination
Incorporated into the contract.
a. The weekly. submisston of a property exe-
cuted ,certification, set forth an the reverse
side of.Opttonal Farm MH-347 shalt satisfy the
requireeNnt far submission of the astateawlt ok
Copliana" required by Veregreph 2d of tflts
Section V.
f.. The falsification of any of the above
certifications may subject Ma contractor to
civil or. criminal 'Prosecution under Section
1001 of Title 18 and Section 231�of Title 31 of
the Untted States Code.
g.. The Ox.m. chor or subcontractor shall
make the records required under paragraph 2b of
this Section v available for Inspection, copy-
ing, or transcription' by authorized represente-
ttves of the SHA,' the FNMA, or the DOL, and
shall permit such representatives to latervlev
employees during working hours on the Job, If.
the contractor or subcontractor falls to submit
Me required records or to make them available,
the SHA, the FHMA, DOL, or all may, , after..
written notice to the contractor, sponsor,
applicant, or owner, take such actions as !my
be necessary to cause the suspension of;..any
further payment, advance, 'or guarantee of
funds. Furthermore, failure to submit the
required records upon request or to make Such
records available may be grounds for debarment
action pursuant to 29 (FR 5.12.
Revised 3 -21-88
sss.sssssssssssss
VI. PEMW OF 1NTERIALS. SUPPLIES, AND (AOM
1. On all Federal -aid primary, urban, and
Interstate System contracts, elacept those Mich
provide solely for the Installation of protec-
tive devices at railroad grade crossings, those
which are constructed an a force account or
direct labor basis, blowsy *beautification
contracts, and contracts for which the total
final construction cost for roadway and bridge
Is less than S 1,000.000 923 CFR Part 635) the
contractor shalt:
a. Became familiar with the list of specific
materials and supplies contained in Form
FHWA -17, "Statement of Mfrarlals and Labor Used
by Contractor of Highway Construction Involving
.: Federal Funds," prior to the. commencement of
work under this contract.
b. Malntatn a record of the total cost of
all materials and supplies purchased for and
Incorporated in the work, and also of the
quantlttes of. those specific materials and
supplies fisted an Form FNMA -47, and In the
units shown on Fora FHMA -47:
c;. Furntsh, upon the completion of the
contract, to the S14A resident engineer on Form
FHWA -47 together with the data required in
paragraph lb reilative to materials and sup-
plies, a final labor summary of all oontract
work indicating the total hours worked and the
total amount earned.
FR -12
2. At the prima contractor es option, either
a single report covering all contract work or
separate reports for the contractor and for
each subcontract shall be submitted.
yll. SUBt.MING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with Its own
organization contract work eaovnting to not
less than 30 percent (or a greater percentage
If specified elsewhere In the contract) of the
total original contract price, excluding my
specialty Items designated by the State.
Speclalty Items may be performed by subcontract
and the mount of my such specialty Items so
a
n
performed may be deducted froa the total
original contract price before computing the
amount of vork reculred to be performed by the
contractor's own organization (23 CFR Par'
633)..
a. wits own organization" shall be construed
to Include only workers employed and paid
drrectly by.tha prime contractor and equipment
owned or rented by the prime contractor., with
or without operators. Such farm doef not in-
clude .employees or. eqwlpmell of a subcon-
trector, assignee. or .agent of the prime
contractor.
b. wSpeclelty Items■ shell be construed to
be Ilmited to wank that led free highly
specialised knowledge, abilities, Aw equipment
not crdlneri IV avei lable, In. tt a typo of con-
tracting organizations quallfled and expected
To bid on 'trim contract as a whole and In
general we to be limited to minor components
of the overall contract.
2. The contract..anpwat upon which the
requireaint sat forth ja.peregraph 1 of this
Section yll is computed Includes, .the cost of.
ontarlais and manufactured products which w
to be purchased or, produced by the contractor
under the contract provisions. _
3. The - contractor, shall furnish (a) a
coopatent Superintendent; or suoervlfor who is
employed by the ftro. has ..full authority to
direct performance of the 'work In a cordanea
with the contract requlramen! , and is in
charge of all construction operations (regard-
less of who Wforma "a work) and (b) such
other of Its own organizational resources
(supervision, management, and engineering
servids) as "a SI4A contracting officer dater-
mines is necessary to were the performance at
the contract.
t. No portion of the contract shall be
sublet, assigned or otherwise disposed of
except with the written consent of the SHA
contracting officer, or authorized represoata-
tive, and such consent when given shall not be
construed to relieve the contractor of any
R.v11.d 5-ZT-88
FR -13
responsibility for the fulfillment of th,j
contract, written consent will be given only — --
attar the SHA has assured that each subcontract
i. 374..erX.44 la 'wriTlnd and the+ 1+ '( •�1 -_
all pertinent provisions and requirements. of
the prime contract.''
III It. SAFM: OCCIDENT PREVOITION
1. In the performance of this contract the
contractor shall comply with all applicable
Federal, State, and local laws governing
safety, hee)th, and sanitation (23 CA( Part
633). The contractor shall provide all safe-
guards, safety devices and protective equipment
and take any other needed actions as it d~-
min", or as the SHA contracting officer may
determine, to be raasonably necessary to pro -
tect "a life and health of employees an the
Job and the saf sty of the pubtic amd to protect
property In connection with the performance of
the work covered by the contract.
Z. It Is a condition of this contract, and
shall be made a condition of each Subcontract
entered into pursuant to this contract, the?
Ma contractor and any Subcontractor shall. not
requlre any laborer or mechanic employed to
perfo mane of the 'owtrecf to work In Sur
roundlogs or under oondltlons which are un-
sanitary, hazardous, or dangerous to his/her
health or safety, as determined under construc-
tion safety. and health standards (Title. 29.
Code 'of .fedwe"I Regulations. Part 1926:
(formerly Part 1318) as may be revisedi promal-
gated by the Secretary of Labor, in accordance
with Section 107 of the Contract work tours and
Safety Standards Act (83 Stat. 96).
IX. FALSE STAT04EM CONCERNING HIO) Y
PROJECTS
In order to assure high quality and durable
construction In conformity with approved plans
and specifications and a high degree of relia-
billty on statwaelts and representations made
by engineers. contractors. suppliers. and
workers on federal -•aid highway projects. It Is
essential that alt persons concerned with the
'project. prfore'tMir...fvncttons. es careful ly,
thoroughly, and honestly as possible: willful
falsification, distortion, or misrepresentation
with respect to env feet.. ^c:etad T. Z,o $w
jectAs a violation of Federal bar. To'prevent
any misunderstanding regarding the seriousness
of these and similar acts, the following notice
Shall be posted on each Federalrold highway
project (23 CFR Part 635) In one or aura. places
where It Is readily evellable to all persons
concerned with the project: ..
NOTICE To ALL PERSOIefpl EGA6iD ON
FEDERAL-MO N16NN1Y PNOJECTS
Title Ia. United . States Code, Section 1020,
reads as follows:
!Whoevr, being an offlear, agent.. or
employes of the United States, or of any State
or Territory, or whoever.. whether a person.
association, .firm, or corporation, . knowingly,
makes any false_ statement, false represewrta -e'
tion, or false report as to tM character.
quality.. quantity, or cost of the mater:tel used
or to be used,, or the quantity or quality of
.tine work' performed or to be performed, 'or the.:
costs thereof In connection with the submission
of plans. maps, specifications. contractp, or .
costs of construction on any highway or related
project ,submitted for eaprovel to the Secretary
of Transportation: or
.: "Whoever knowingly makes any falso state-
ment, false representation, false report 'or
false claim with respect to the character,
quality, quantity, or cost of any work pr-
formed or to be perform d, or materials fur-
nished or to be furnished, In connection with
the construction of _any highway or related
project approved by the Secretary of
Transportation; or
-Whoever knowingly makes any false statement
or false representation as to material fact In
any statement, certificate, or report submitted
pursuant to provis Icns of the Federal -Ald Roads
Act approved July 1, 1916, (39 Stat. 355), as
emended and wppl�ted;
-Shall be fined not wore than $10,000 or
Iworlsoned not more than 5 years, or both.-
Revised 3 -71-88 FR -14
SfSf Sfff'ffS'Sf'433
A. imPLEtI(TATIfw K ,..E.. A(.^.:.':: 1'...v
FEDERAL WATER POLLUTION CONTROL ACT
(Applicable- Federat-aid construction
contracts and related subcontracts Oxceeding
$100.000.)
By submission of this bid, `or: the execution
of this contract or' subcontract, as oppro-
prtate, the bidder, Fiderel -aid' construction
contractor, or. subcontractor, as approprlate,
wlII be'doemod to hew stipulated as follows:
1. That any facility that is or will be
utt IIzed to the performance Of 7nis 'Contract,
unless such contract Is'•.exaapt under the Clean
Air Act, as amended (42 U.SX. 1857 at seq., as
amended by Pub. L. 91- 604),- and -under the
Federal Water Pollution Control- Act; as amended
(33 U.S.C. 1251, et seq., as amended by Pub. L.
92 -500), Executive Ordr 11738. and regulations
In .. Implamaritation thireof (40 CFR Part 15) Is
not listed,' an Me data of .contract award, on
the U.S.'- Environmental Protection Agency (EPA)
List of Violating Facitltles pursuant to 40 CFR
15.20.
2. That the - -firm
In wxmlpI lance with
Section 114. of. -the
308 of the . Federal
and all : reguiatlo
thereunder. .
agrees, to .cow iy and remain
a I I IhY - requ i rdments of
Clean Air Act and Section
Water:. Pot but ion Control *-Act
is and guidelines listed
3. That the firm -shall promptly .notify the
SIIA of the receipt of any,. communication from
the Director. Offioe of Federal Activities,
EPA, Indicating that, a fact )lty that. Is or wlII
be utilized for the contract Is under oonsid-
eratlon to be listed on' -?h_ -EPA List of
Violating FacllJtles.
4. That the firm agrees to Includa or muse
to be Included- the requirements of paragraphs 1
through 4 of this Sectlon % In every nonexempt
Subcontract, and further agrees to take such
action as the government may direct as a mans
of enforcing such requirements.
I -
0
6-1.06 FeXRAL -AID F@IALE AM MINMITY GOA"
M accordance with Section It, ton -SMSA Counties ................. 23.2
•tbndl str imiae *tq•,• •; ..p;. au. of ^lketJulrM ,^,,• Lake; k;A Iyn4Qc;Ap;
Contract Provisions Federal -eld Construction ' CA San Benito.
Contracts- the following are the goals for
femsie'utiIIzation: 177 Sacramento, CA:
Coal for women _
(applies nationwide) ....... (percent) 6.9
The following are goals for minority
utilization:
CALIFORNIA WDNOMIC AREA;._ t
6oel
(Percent)
174 Redding. CA:
Man -SNSA Counties ...:............ 6.6
CA Lassen; CA `Modoc;
CA Plums; CA Shasta;
CA Slsklyou; CA Tebome.
t73 Eureka. CA-
+bee -Slim Counties ................
CA Del torte; CA humboldt;
CA Trinity.
176 San Franciseo-0akla o -San Jose,-CA:
SMSA Cantles:
7120 Salinas-Seaside-
.MantereV. CA ................
CA Monterey.
7360 San Frane(seb- Oakland. C1.
CA Alameda; CA Contra Costa;
CA Mann; CA San Frenclsco;
CA San Mateo.
7400 San Jose. CA ..............
CA Santa Clara.
7483 Santa Cruz, CA............
CA Santa Cruz -
75M Santa (lose. CA............
CA Sonoma.
8720 Vallejo-Fairfield-
Napa. CA ....................
CA Napa; CA Solaro
Revised 1 -21-88
6.6
28.9
23.6
19.6
SMSA Counties:
6920
Sacramento, CA ..... o.....
CA
Placer; CA Ucrawnto;
CA
Yolo.
NW -514SA
Couoties.:.........o.....
CA
au"o; C1 Coluaa;
CA
El Dorado; CA Otzne;
CA
Newsda; CA Sierra)
CA
SU~. CA Yuba.
178 Stockton- Modesto. G:
SIISA COURtlea:
3170
Modesto, CA...............
CA
Stealslaks.
6120
Stockton, CA .............
CA
Sea Jo"uln.
NOR-SMSA
Counties .................
CA
Alpine; CA Amedor;
CA
Calaveras. CA V*Plposa;
C1
Marred; CA Tool umna.
179 Fresno-ilakersfield, CA:
SMSA Counties:
0680 8akerafle1d. CA..........
CA Kern.
2640 Fresno, CA. .......
cu.....
CA Fresno.
Nan -SMSA Counties .................
CA Kings; CA Madera;
CA Tulare.
160 Los Angeles. CA:
14.9 SMSA Counties:
0360 McMlm -Santa Ma- Garden
9.1 Grow, CA ......
......- ,oa<....
CA Orange.
4480 Los Angeles -Lang
17.1 Basch, CA. .......... W.......
CA Los Angeles.
6000 Oxnard -Sial Valiey-
Venture. CA .........
�,......
CA Ventura.
FR -15
16.1
14.3
12.3
24.3
19.8
19: 1
26.1
23.6
11.9
28.3
21.3
6780 Riverside -San Bernardino-
. Ontario, CA .................
19.0
CA Riverside;
r. c:.: Owenerdiao.
7450 Santa Barbara -Santa Maria-
. Lompoc. CA ..................
19.7
CA Santa Barbara.
Non -SMSA Counties.................
24.6
CA Inyo; CA Mono;
CA San Luis Obispo.
let San Oiego, CA:
SMSA Counties,
y
7320 San Diego. CA............
16.9
CA San Diego. t
Non -SMSA Counties .................
18.2
CA Imperial.
Rnvlsed 3-21-88 FR -16
In addition to the reporting requirements
set forth elsewhere In this contract the.
:oniractor ' and subcontractors ''holding
Subcontracts, not including material suppliers,
of $10,000 or wore, shall submit for. every
month of July during which work Is performed,
employment data as contained,und*r form PR -1391
(Appendix C to 23 CFR, Part 230), and in
accordance with the Instructions included
thereon.
r
•
6 -z6-7e
SEC:IDN -6-2. MERAL REQDIRMIM7T TMAL9I2FC- SPECIAL PROVISIDN
6 -2.01 As part of the Contractor'■ equal saployment opportunity affir-
native action program, training shall be provided as follows: -
The Contractor shall provide on- the -job training to develop full
journeymen in the types of trades or job classification involved. -
The goal for the cumber of trainees or apprentices to be trained -
under the requirements of this special provision will be 7
In the event the Contractor subcontractts a portion of t'ne contract
work, he shall deter=dne how many, if any, of the trainees or appren-
tices are to be trained by the subcontractor, provided however, that
the Contractor shall .retain the pri=.ary responsibility for meeting
the trainLnq requirements imposed by this special provision. She
Contractor shall alit insure that this Training Special Provision is
made applicable to such subcontract. Where feasible, 25 percent of :
trainees or apprentices in each oc=ipation shall be in their first
year of appren t-icaship or training.
The nn—ber of trainees or apprentices shall be distributed among
the work classifications on the basis of the Contractor's maeds and
the availability of Journeyman in the various classifications within
a reasonable area of recrii- snt. Prior to ccs encinq work, the
Contractor shall submit to the Department for approval the nu=ber of •.
trainees or apprentices to be trained in each selected classification .
and training program to be used. Furthermore, the Contractor shall
eveci_fy the starting time for training in each of the classifications.
The Contractor will be credited for each trainee or apprentice
e=ployed by hit on the contract work who is currently enrolled or
becomes enrolled in an approved program and will be reimbursed for
such trainees or apprentices as provided hereinafter. -
Training and upgrading of minorities and women toward journeymen
status is a pri =-y objective of this :raining Special Provision. -
Accordingly, the* Contractor shall make every effort to enroll minority
and women trainees or apprentices (e.g., by conducting systematic and
direct recruitxnt through public and private sources likely to yield
ainor'_ty and women trainees or aporentir_s) to the extant such persons" '
are available within a reasonable area of recuit,nt. :'he Contractor
will be responsible for demonstrating the steps that he has taken in
pursuance thereof, prior to a determination as to whether the Con-
t actor is in c=mpliance with this T:aining Special Provision. This.
training eom=it=ent is not intended, and shall not be used, to dis-
cr'_3inate against any applicant for traininq, whether a member of a
minority group or not.
No e=lovee shall be esployed as a trainee or apprentice in any
classification in which he has successfully coaplated a training
course leading to journeyman status or in which he has been emloyed
as a journeyman. The Contractor should satisfy this requizeaent by -
including appropriate questions in the employee application or by
other suitable plans. Regardleas of the method used the Contractor's
records should doc- uaent the findings in each case..
The mini.•sum length and type of training for eech Classification will
be as established in the training program selected by the Contractor
and approved by both the Department and the Federal Highway Administra-
tion- :^.ie Depa:.>ent and the Federal Highway Ads.imistration will
approve a progra= if it is reasonably calculated to meat the equal
a loynent opportunity obligations of the Contractor and to qualify
t:1e average trainee or apprentice for journeyman status in the
e_aaai_`Seation concerned by the and of the ` aiming period. Fur:her-
nore, apprenticeship progra=s registered with t.`-: Q.S. Depart nt of
Labor, Bureau of Apprenticeship and Training, or with the StJte of
California, Department of Industrial Ralationa, Division of Appren-
ticeship Standards recognized by the Bureau and t=ai.nim g programs
GP- i-7
0
6-z6 -78
approved but not necessarily sponsored by th.i O.S. Department of
Labor, Manpower Administration, Bureau of Ap��ranticeship and Train-
ing shall also be considered acceptable prov;.dad it is being -- .
administered in a manner consistent with the equal employment obit- -
gations of Federal -aid highway construction contracts. Approval or
acceptance of a training program shall bo obtained from the State
prior to commencing work on the classification covered by the pro-
gram. It is the intention of these provisions that training is to "
be provided in the construction crafts rather than clerk - typists or
secretarial -type positions. Training is permissible in lower level -
management posit-tons such as office engineers, estimators, time-
keepers, etc., where the training is oriented toward construct-'on
applications. Traia£nq in the laborer elassifica`_:on may be
permitted provided that significant and meaningful training is
provided and approved by the,division offles, Some offsite tra£a-
ing is permissible as long as the training is an integral par: of
an approved train:ag progran'.and does not cos.prise a significant - -
pa=t of the overall training. "
Except as otherwise noted below, the Cantrae ar will be reimbursed
80 cents per hour of training given an ee.Plpyee on this contract in
accordance with an approved training prograa., As approved by the _
Engineer, reimbursement will be made for training of persons in , "-
excess of the number specified herein. This reimbursement will be.�
made even though the Contractor receives additional training pro= _
gran funds from order sources, provided such other source does not _
specifically prohibit the Contractor free receiving other reimburse -
sent. Ret-1,prsemant for offsits training indicated above may only
be made to the Cont. - .actor where he does one or more of the following
and the trainees or apprentices are cone- .r =nitly employed on a -
Federal -aid project; eontributas to -the cost of the training, pro-
vides the instruction to the trainee or apprentice or pays the
trainee's or apprentice's wages during the of..fzite training period.
No payment shall be wade to the Cunt =aCmR if either the failure
to provide the required training, or the fa£:.ure to hire the trainee
or apprentice as a journeymen, is caused by the Contractor and
evidences a lack of good faith on the par-, of the Cont =ae-or in
meeting the requirements of this Training Special Provision. It
is normally axpee -ad that a t =aines or apprentice will begin his
training on the project as soon u feasible niter start of work
utilising the skill involved and remain on t"e project as long as
training opporrunities exist in his work cla.,sification or until
he has e=mpleted his training program. It is not required that
all trainees or apprentices be on board for the antire length of -
the contract. A Contractor will have falf.11.ed his responsibilities
under t-%-4s T=aininq Special Provision it he has provided acceptable
training to the number of trainees or appron +:ices specified. The
number trained &hall be determined on the ba:iia of the total number
enrolled on the cont=act for a significant period.
only trainees or apprentices registered la a program approved by _
the State of California's State Admin£atrstoxr of Apprenticeship any
be employed on the project and said trainees or apprentices shall be
paid the standard wage specified under the r•.qulations of the craft
or Lade at vhich they are employed_
Th' Contractor shall furnish the trainee )r apprentice a copy of
the program he will follow in providing the ?raining. The Cone actor
shall provide each trainee or apprentice wit:ti a cer- ..:fication showing
the type and length of training satisfact.crily coat leted.
The Contractor will provide for the aaintrnance of records and
furnish periodic reports doc, . nting his par'ormance under this
,ininq Special Provision. _
r i
0
EXHIBIT "B"
CERTIFICATION OF CONSULTANT
I HEREBY CERTIFY that I am the Senior Vice President and duly
authorized representative of the firm of Robert Bein, William Frost & Assoc.,
whose address is P.O. Box 19739, 14725 Alton Pkwy, Irvine,CA , and that neither
I nor the above firm I here 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 employee working solely for me or the above consultant) to solicit or
secure this agreement;
(b) agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services 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 working 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 here expressly stated (if any):
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.
August 17, 1989
Date
late
Signature
0 0
EXHIBIT "C"
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The prime Consultant, under penalty of perjury, certifies that, except as noted
below, he /she or any person associated therewith in the capacity of owner,
partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion,
or determination of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgement rendered
against it by a court of competent jurisdiction in any matter
involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the
following space.
Exceptions will not necessarily result in denial of award, but will be
considered in determining Consultant responsibility. For any exception noted
above, indicate below to whom it applies, initiating agency, and dates of
action.
Note: Providing false information may result in criminal prosecution or
administrative sanctions.
The above certification is part of the Proposal. Signing this
Proposal on the signature portion thereof shall constitute
signature of this Certification.
•r� USAMNIMM4
Signature of Consultant/
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
• EXHIBIT "D" •
`I,ober` Weill,`William `Fibst 6,c,9ssociates
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
August 11, 1989
Mr. Don Simpson
Department of Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
JN 25872
SUBJECT: Proposal for Additional Engineering Construction Support - Pacific Coast
Highway Widening (PCH - SRI)
City of Newport Beach Contract No. C -2591
Dear Don:
As a result of your letter dated May 9, 1989 requesting construction support services and
our subsequent conversation, we are pleased to present this addendum to our contract for
these additional services to widen Pacific Coast Highway (Newport Boulevard to Orange
Street). This is a continuation of work activities originally authorized by the City of
Newport Beach per the signed agreement dated October 23, 1986. The specific tasks
associated with these additional services include:
TASK I - SHOP DRAWING REVIEW
Review plans, specifications, soils reports, and other available information relating to the
construction of Pacific Coast Highway. This task includes the review of Shop Drawings
submitted by the City's Contractor for conformance with the improvement plans and
specifications. We anticipate the Shop Drawing review will include 1) Reinforcing Bars, 2)
Concrete Mix Design, and 3) Translucent Panels (Lexcan). Actual work to complete "Shop
Drawing Review" shall be on a time and materials basis.
TASK II - CONSTRUCTION PLAN INTERPRETATION /CONSULTATION
Consultant shall provide services during the construction phase of the project to interpret
plans and recommend plan revisions based upon actual field conditions encountered during
construction as field conditions require. Review and assist in evaluating change order
request. This task includes services to provide survey services as requested by the City to
assist the Contractors surveyor in the initial layout for horizontal and vertical controls.
Actual work required to perform these services shall be on a time and materials basis.
WA
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VE.
SE PpVS� C E
P.O. BOX 19739 - 14725 ALTON PARKWAY, IRVINE, CALIFORNIA 92718 - (714) 472 -3505 -FAX (714) 472 -8373
OFFICES IN NEWPORT BEACH - PALM DESERT - RANCHO CALIFORNIA - SAN DIEGO
Mr. bon Simpson . •
August 11, 1989
Page 2
TASK III - MEETING ATTENDANCE /BIDDING CONSULTATION
Attend preconstruction and regularly scheduled constructing meetings as divided by the City
and as necessary for the construction of Pacific Coast Highway. For budgetary purposes,
a maximum of 130 manbours has been allocated for this project. Actual work to attend
meetings will be on a time and materials basis.
TASK IV - CONSTRUCTION OBSERVATION (MONITORING)
Provide field observation during construction of the Project in order to provide consistency
with the plans and specifications and anticipate conditions that could impact progress.
Documentation of field observations will be provided for City review on a monthly basis.
For estimating purposed, it is anticipated that a minimum of one (1) field visit to the site
per week will be necessary in order to enable proper review of project progress. Actual
work to provide field observation services will be on a time and materials basis.
TASK V - PREPARE "AS- BUILTS"
Subsequent to completion of construction, review "Record Drawing" plan mark -ups to be
provided to the City Construction Manager by the City's Contractor. Consultant shall: 1)
Verify, to the best of his ability, the changes from original design, 2) Draft the "Record
Drawing changes per the mark -ups provided, and 3) Certify, to the best of his ability, that
the contractors work as being in substantial compliance with the intent of the construction
documents based upon obtaining written reports for all inspection provided by others and
based upon written reports for all inspection provided by others and based upon written
notification by the Project Surveyor. For the purpose of this proposal a budget estimate for
this task is provided. Actual work to complete "Record Drawings" shall be on a time and
material basis.
EXCLUSIONS
Any work relating to the following is specifically excluded from the engineering services
proposed herein and, if required, must be contracted for under separate contract or as an
addendum to this contract.
o Construction Inspection
o Construction Quantity Calculations
o Construction Survey /Certification
o Monumentation
JN 25872
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August 11, 1989
Page 4
Consultant shall complete the work outlined herein and invoice the City monthly at the
hourly rates shown on and in accordance with the Fee Summary, plus the direct costs of
reproduction and blueprinting.
We are pleased to be of continuing service to the City of Newport Beach. If you have any
questions regarding this proposal, please contact me. Please indicate your approval of this
contract by signing as indicated below and returning one copy, or by issuing written
acceptance in a form consistent with your procedures.
Sincerely,
ROBERT VEIN, WILLIAM FROST & ASSOCIATES
Gary L. Oiller, P.E.
Vice Pv6sident
Pub ' Pubfi6 Works Engineering
it Engineering Department
111/2
pc: Accounting (2)
Doug Frost, RBF
Jim McDonald, RBF
TOTAL PROFESSIONAL FEES REQUESTED $ 58,486 plus Direct Costs of Reproduction
JN 25872
TO: CITY COUNCIL
FROM: Public Works Department
0 00
August 14, 1989
CITY COUNCIL AGENDA
BY TN' i,ITY COUNCIi.ITEM NO. F -3(f)
CITY ')F ;i2WPO3T 3EACI! C _ 175 %l (16 )
AUG 14 1989
_ . APPitMI) -___.
SUBJECT: AGREEMENT WITH ROBERT BEIN, WILLIAM FROST & ASSOCIATES (RBF) FOR
CONSTRUCTION SUPPORT SERVICES FOR THE PACIFIC COAST HIGHWAY WIDENING
PROJECT - CONTRACT NO. 2591
RECOMMENDATIONS:
Approve agreement and authorize the Mayor and City Clerk to execute
the agreement.
DISCUSSION:
Under an agreement with Caltrans the City will be administering the
construction contract for the widening of Pacific Coast Highway between Newport
Boulevard and Highland Street. Robert Bein, William Frost & Associates (RBF)
were retained to prepare the plans and contract documents. Their design
proposal included services during construction, but the agreement deleted the
• fee for these services.
This agreement for construction services will include the following:
1. Shop drawing review.
2. Construction plan interpretation and consultation.
3. Meeting attendance.
4. Construction observations.
5. Preparation of as -built drawings.
Also included in RBF's scope of work are the services of the other
project consultants for soils, traffic and landscape architecture.
RBF's services would be compensated for on an hourly basis with the
total fee not to exceed $60,000. This fee, as well as other contract
administration costs, would be shared by Caltrans, Hoag Hospital and the City
proportionally to each parties share of the construction cost.
Funds are included in the current budget to cover the cost of this
agreement as well as the other contract administration services
• ` f J, 1�4
Benjamin B. Nolan
Public Works Director
OCS:so
CITY -9OF NEWPORT B ?ACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
C
T0: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: December 13, 1988
SUBJECT: Contract No. C- 2591(B)
Description of Contract Modification of Agreement for Design
of PCH Widening Project (between Newport Blvd. and Highland Street)
Effective date of Contract December 12, 1988
Authorized by Minute Action, approved on November 14, 1988
Contract with Robert Bein, William Frost & Associates
Address P.O. Box 19739
14725 Alton Parkway
Irvine, CA 92718
Amount of Contract (See Agreement)
(�L/LL %j2 4�q ,
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
•
TO: CITY COUNCIL
FROM: Public Works Department
•
November 14, 1988
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
CITY 9i IvL'V :rO::f GLACE
NOV 14 1988
9P . ,"M__ .
SUBJECT: MODIFICATION OF AGREEMENT WITH ROBERT BEIN, WILLIAM FROST & ASSOCIATES
FOR DESIGN OF PACIFIC COAST HIGHWAY WIDENING PROJECT
RECOMMENDATION:
Approve the Modification Agreement and authorize the Mayor to execute.
DISCUSSION:
The City entered into an agreement on October 23, 1986, with Robert
Bein, William Frost & Associates (RBF) for the preparation of Plans,
• Specifications and Contract documents for the widening of Pacific Coast Highway
between Newport Boulevard and Highland Street. This agreement was modified on
January 22, 1988.
Changes which have occurred in the scope of services that is included
in the agreement are as follows:
1. Preparation of graphics for alternative sound wall treatments
adjacent to the West Newport Park for use at the two Coastal
Commission Hearings.
2. Topographic survey of completed West Newport Park in order to
determine impact on various wall alternatives.
3. Revision of the West Newport Park sound wall plans including
landscaping and irrigation.
4. Preparation of plans for additional sound walls on the north side
of Pacific Coast Highway required by the Coastal Commission,
including landscaping and irrigation plans.
• 5. Preparation of sound wall plan, including landscaping and
irrigation at Balboa Coves entrance.
6. Additional geotechnical studies for storm drain outlet on
City- County dock property.
M
Subject: Modification of agreement with RBF for design of Pacific Coast Highway
October 24, 1988
Page 2
•
The change in fee for the above scope of revisions is $84,520. This
increases the maximum allowable fee to $588,407. The City's portion of the
increased fee would be $19,020. Under the terms of a Cooperative Agreement,
Caltrans will reimburse the City for the remaining $65,500 of the increased fee.
The proposed modification agreement increases the total expenditure
from $503,887 to $588,407 and changes the net fee from $43,500 to $52,845.
Funds are included in the current budget for the City's portion of the
increased fee.
� , ?4*z
Benjamin B. Nolan
Public Works Director
• DS:so
Attachment
i
MODIFICATION OF AGREEMENT
NUMBER C- 2591(8)
This Modification of the Agreement Number C- 2591(6) entered into this
lt-92 .��// C� day of , 1988, by and between the CITY OF NEWPORT
BEACH, a municipal corporation (hereinafter "CITY ") and ROBERT BEIN, WILLIAM
FROST & ASSOCIATES (hereinafter "CONSULTANT "), is made with reference to the
following:
RFrTTAIC-
A. On October 23, 1986, Agreement Number C- 2591(B), was entered into
by and between CITY and CONSULTANT (hereinafter "AGREEMENT ").
B. On January 22, 1988, the AGREEMENT was modified.
C. CITY and CONSULTANT desire to modify the Agreement and the
modification on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. Section VI A of the AGREEMENT is modified to read as follows:
CONSULTANT hereby agrees to perform all the services as outlined
in Exhibit "A" attached to the AGREEMENT, Exhibit "D" attached to the
modification of AGREEMENT and to perform the additional services as outlined in
Exhibit "E" attached hereto consisting of Addendum No. 5, dated March 14, 1988,
and Addendum No. 6 dated July 25, 1988; and by this reference made a part
hereof.
2. Section XXIV B of the AGREEMENT is modified to change the net fee
from $43,500 to $52,845.
3. Section XXIV D of the AGREEMENT is modified to change the total
expenditures from $503,887 to $588,407.
4. Except as expressly modified herein, all other terms and covenants
set forth in the AGREEMENT shall remain the same and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Modification
of Agreement to be executed on the day and year first above written.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
a Municipal Corporation
j
By: -41,av� /i
{ ONSULTANT
A
Frost
ATTEST,,:
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1 =r{°b bert Bei n,
William & Associates
City Clerk,._.
o R' J mes
E. McDonald
enior
Vice President 12 /5 /BB
•
`?oberi`Beiq,`W 1 amgWost 6& dissociates
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
LETTER
RECEII'F.D �; ,
TO. Citv of New ort Beach
Public Works Department S
3300 Newport Boulevard DEC �gFq4 b tt
ni,......,....a D-' -H rA nocco Yl NF'A: r..- .mrSAbnTi �
ATTN: Don Simpson c1. \
WE ARE FORWARDING: ❑ BY MAIL )� BY MESSENGER ❑ BY BLUEPRINTER
NO. OF COPIES DESCRIPTION
Executed Modification Agreements for the Pacific Coast Nighway.
i
STATUS:
• PRELIMINARY
• REVISED
• APPROVED
❑ RELEASED
❑ REVIEWED
REMARKS
COPIES TO:
SENT FOR YOUR:
❑
APPROVAL
•
SIGNATURE
•
USE
❑
FILE
❑
INFORMATION
PLEASE NOTE:
O REVISIONS
❑ ADDITIONS
❑ DELETIONS
• CORRECTIONS
• NOT FOR CONSTRUCTION
Garicp Miller, P.E.
Viesident
Pu Works Engineering
amg
ATES
'F bss><oqa1 &mcc &jre M4
P.O.BOX19739 • 14725 ALTON PARKWAY, IRVINE, CALIFORNIA92718 • (714)472 -3505 • FAX(714)472 -8373
OFFICES IN RANCHO CALIFORNIA • PALM DESERT • SAN DIEGO • NEWPORT BEACH
0
0
`P�'ober't `Beiq,�William`FrYost �& associates
PROFESSIONAL ENGINEERS, PLANNERS& SURVEYORS
March 14, 1988
Mr, Don Simpson
Department of Public Works
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
JN 23627/P9
Addendum No. 5
Revised 11/10/88
Subject: Proposal for Additional Engineering Services Pacific Coast Highway
Widening (PCH - SRI) Addendum No. 5
Dear Don:
We hereby request this addendum to our contract for the final design and prepa-
ration of improvement plans and contract documents for the widening of Pacific
Coast Highway (Newport Boulevard to Orange Street). This is a continuation of
work activities originally authorized by the City of Newport Beach per the
signed agreement dated October 23, 1986. The specific tasks associated with
these additional services include:
TASK I Additional Geotechnical Investigation
As a result of the verbal authorization by the City of Newport Beach,
RBF, in conjunction with our sub - consultants Woodward -Clyde Consultants (WCC),
has proceeded with additional geotechnical investigation as follows:
A. Geotechnical investigation at sheet pile bulkhead wall (WCC proposal letter
dated 1/4/88).
Additional details concerning the box culvert and its discharge end have
now become available and necessitated this additional geotechnical
investigation.
The currently proposed box culvert will terminate at the marina at the
existing sheet pile wall. This revised location is approximately 170 feet east
of the original intended location. The connection to the sheet pile wall will
be somewhat similar to an 8 foot by 4 foot Caltrans Reinforced Concrete Box
(RCB) located approximately 30 feet southwest of the proposed new box culvert.
The proposed box culvert will consist of a 5 foot by 9 foot (inside dimensions)
RCB with its invert located at approximately elevation - 6.5 feet.
At this time the sequence of construction work is anticipated to be as
follows:
`ft(essiog0 service Si bce 1944
P.0.BOX19739 • 14725 ALTON PARKWAY, I RVI N E, CALIFORNIA 92718 • (714)472 -3505 • FAX(714)472 -8373
OFFICES IN RANCHO CALIFORNIA • PALM DESERT • SAN OIEGO • NEWPORT BEACH
EXHIBIT "E"
Mr. Don Simpson • ` JN 23627/P9
.March 14, 1988 Page 2
Revised November 11, 1988
1. Installing a cofferdam (designed by others)
2. Removal of water from inside the cofferdam
3. Construction dewatering of the excavation
4. Construction of the box culvert into sheet pile wall
We propose to conduct a geotechnical investigation as described below:
Field Investigation
We propose to conduct a one -day field investigation consisting of
drilling two exploratory borings at the approximate locations shown in Figure 1.
The two borings will be drilled with a truck - mounted drill rig using rotary wash
techniques. The borings will be advanced to a depth of approximately 20 to 30
feet below the existing ground surface. The borings will be used to obtain
samples and blow count data from the subsurface materials. Samples will be
obtained at approximately 3- to 5 -feet intervals using either a modified
California, standard penetration split spoon, or Shelby Tube sampler, depending
on soil type.
Measurements to the dredgeline adjacent to the sheet pile wall, at the
location of the connection with the proposed RCB, will be made by using a rod or
weighted tape probing from the top of the existing bulkhead. These measurements
will be made at approximately 10 foot intervals along the wall for a distance of
about 50 feet covering the connection length. It is assumed there will be no
obstruction along the wall to inhibit this measurement procedure, and that the
work can be conducted on the same day as the drilling program outlined above.
2. Laboratory Testing
Samples obtained from the field investigation will be tested in
W.C.C.'s laboratory to estimate their engineering properties. We anticipate
that these tests will consist of 2 moisture content /dry density tests, 2
Atterberg limits or sieve analyses, 1 unconfined compression test, and 1
consolidation test. The actual number and type of tests performed may vary
depending upon the soil conditions encountered in the field.
3. Engineering Analysis and Report Preparation
WCC's engineering analyses will be based on the results of the field
exploration program and the laboratory testing performed during this
investigation, along with a review of WCC's previous investigation at this site.
We will provide geotechnical engineering conclusions and recommendations
regarding:
Temporary lateral earth pressures for shoring during box culver
construction, and against the sheet pile wall;
• Permanent lateral earth pressure against the sheet pile wall and
box culvert walls;
• Assessment of potential settlement construction caused by the RCB
on the existing sheet pile wall;
• Suitability of subsurface material for use as backfill, and
EXHIBIT "E"
Mr. Don Simpson • . JN 23627/P9
.March 14, 1988 Page 3
Revised November 11, 1988
Site preparation and earthwork
We will prepare a report which summarizes the engineering conclusions
and recommendations described above together with the supporting field and
laboratory data. We will submit 5 copies of the report.
B. Box culvert within PCH (SRI) at the Newport Boulevard bridge (SR55)
(Woodward -Clyde WCC Proposal letter dated 1/6/88)
Previously, WCC completed a Geotechnical Investigation for the PCH widening
project and submitted the results of this investigation in a report entitled
" Geotechnical Investigation, Pacific Coast Highway Widening, Newport Boulevard
to Orange Street, Newport Beach, California," Project #8743015A, dated 23 June
1987. This report included preliminary recommendations for the storm drain
improvements. Since then, additional details concerning the box culvert and its
proposed location at the Newport Boulevard Bridge have become available, and
require additional geotechnical consultation services. To supplement our origi-
nal investigation, boring logs from the original Newport Boulevard Bridge
geotechnical investigation (conducted by others) were obtained.
This investigation will include the following tasks:
1. Review the available geotechnical data and provide geotechnical
engineering conclusions and recommendations for both alternatives, addressing
the following items:
• Impact of construction, if any, on pile capacity (Alternative 1)
• Estimated settlements due to dewatering
• Suitability of subsurface material for use as backfiil
• Site preparation and earthwork
• Temporary lateral earth pressures for shoring
• Lateral earth pressures against the box culvert
2. Prepare a report which summarizes the engineering conclusions and
recommendations described above and will submit 5 copies of the report.
TASK II New ort Park "Mar ard" Wall Alternatives /Final Plans & Calculations
RBF
A. Preliminary Investigation
As a result of a request by the City of Newport Beach - RBF will research
and prepare preliminary studies as follows: 1) Wall Exhibits, and 2) Typical
wall section through west Newport Park to accommodate a view of the park from
the adjacent PCH (SRI). This work includes research of the "Margard" to be used
to provide alternative configurations.
EXHIBIT "E"
Mr. Don Simpson • • JN 23627/P9
March 14, 1988 Page 4
Revised November 11, 1988
B. Final Plans /Calculations
Subsequent to approval of the proposed configuration for the West Newport
Park wall: 1) Review design parameters for proposed wall with manufacturer and
prepare concept for City /Caltrans approval, and 2) revise previously prepared
wall plans and prepare Final Plans, details and supporting calculations for
construction of wall based on concepts City /Caltrans approval of concepts.
TASK III Graphics View Exhibits (RBF)
A. As a result of recent verbal authorization by the City of Newport Beach,
RBF had proceeded with the following tasks:
1. Field review of site.
2. Photographic inventory for use in the preparation of various view
exhibits.
3. Exhibit preparation for use by the City for presentation to City Coun-
cil, Coastal Commission and affected homeowner associations.
This work is for tasks completed through 1/22/88.
B. As a result of a request by the City, prepare slide presentations to be
used for public presentations at the City of Newport Beach on April 13, 1988 and
subsequent May, 1988 Coastal Commission meetings. The services to be provided
to accommodate this request include the following:
Slide Show Presentation
Prepare the following slides for presentation:
1. Overall Scope /Limits for PCH widening project - Newport Blvd. to Santa
Ana River (4 slides)
2. Newport Shores aerial photo (1 slide)
3. View Opportunity (26 slides)
- Photo each view opportunity
- Close up index map for each photo
4. Cross Sections (3 slides)
- Grant Street
- 62nd Street
- Walnut Street
5. Elevation /Plan View Rendering (1 slide)
6. Perspective Rendering (2 slides)
- Create Perspective for views from "Pan" photo enlargement.
- Prepare Slides of both rendering and photo.
EXHIBIT "E"
Mr. Don Simpson • • JN 23627/P9
.March 14, 1988 Page 5
Revised November 11, 1988
7. Title Slide (1 slide)
Total slides used for "Story Board" slide presentation (43). Slides
will be presented using dual projector system with and large screen wireless
remote control dissolver. All slides will be glass mounted.
8. Aerial Photo Showing Sound Level Contours (1 slide)
Exhibits
Prepare a total of (8) 81 x 11 exhibits with labeling and laser color copies of
each "Ciba" as follows:
1. Aerial Photo Index
- Add graphics for wall extension
2. Aerial Photo Sound Level Contours
3. Elevation /Plans View Rendering
4. Cross Sections (1 Exhibit)
5. Existing south side PCH west of Highland Avenue
6. Proposed southerly side PCH west of Highland Avenue
7. Existing north side PCH
8. Proposed north side PCH
Additional miscellaneous tasks include preparation of the following:
1. Preparation of Perspective Rendering - This task included field work
to prepare "Pan" photo for the northerly side of PCH. Includes graphics for new
8 foot wall to replace 6 foot wall in front of trailer park.
2. Addition of Superior Avenue parking lot to overall project aerial pho-
to.
3. Highlight (4) parking areas and label "Public Parking" on View
Opportunities aerial photo.
4. Exhibit Enlargements. Prepare (2) large scale formats for northerly
and southerly side of PCH on KP5's and mount on "Gatorfoam ". Prepare (2)
renderings and matte photo (south side) laminated with glass laminate. Mount
View Opportunity aerial photo.
TASK IV Additional Field Elevation Surveys and Contours (RBF)
A. West Newport Park
1. Field survey to determine existing elevations for West Newport Park
Site from Prospect Street to the Santa Ana River Bridge.
2. Provide mapping of the contours developed from the previously obtained
survey information for use by the City in developing alternative landscaping and
wall alignments for the new park site.
EXHIBIT "E"
Mr. Don Simpson • • JN 23627/P9
March 14, 1988 Page 6
Revised November 11, 1988
B. Additional Field Survey (Walls)
Field survey to provide additional elevation and topography necessary for
the additional sound wall design at Fern Avenue, Orange Avenue, Highland Avenue
and Balboa Coves.
TASK V Additional Walls (RBF)
As a result of recent direction by the City - Prepare Plans, profile
and details for supporting calculations to construct new sound walls at the fol-
lowing locations:
1. Balboa Coves - Approximately 100' westerly to 330' easterly of "Coves"
entry to join the existing walls.
2. Highland Avenue to approximately 200' westerly
3. Highland Avenue to Grant Street
4. Fern Street to approximately 120' easterly
Exact limits for the additional walls to be provided by the City prior
to preparation of Final Plans.
TASK VI Street Lighting Design (RBF)
A. Balboa Coves
Prepare plans and specifications for the relocation and electrical
undergrounding for Balboa Coves street lighting. This work is to be provided as
a result of direction by the City due to the construction of sound walls
adjacent to the Balboa Coves private community. Plans for this construction
will be shown on plans previously prepared for this project.
B. Modified Foundation Desiqns
Prepare design of street lighting foundations to accommodate construction
of the City of Newport Beach street lights. Modified lighting foundations will
be required for approximately (6) proposed street lights due to interference
with existing storm drainage and sewer force main improvements west of Balboa
Boulevard.
TASK VII Superior Avenue "Parking Lot" Access Road
This task requires plans, specifications and quantity estimate
revisions to approximately six (6) sheets of previously prepared plans to
accommodate access to the proposed parking lot at the southeasterly corner of
Superior Avenue and Pacific Coast Highway. This work was necessary in order to
insure construction of this access road with the construction of the Caltrans
project to widen Pacific Coast Highway due to the elimination from plans
prepared by Hoag Hospital.
EXHIBIT "E"
Mr. Don Simpson . • JN 236271P9
March 14, 1988 Page 7
Revised November 11, 1988
TASK VIII
As a result of the expanded scope of work to accommodate the above
Tasks I through VII as well as requests by the City, prepare the following:
1. Separation of Cost Estimates. This task includes preparation of addi-
tional Quantity /Cost Estimates to separate costs and quantities as follows:
a. Caltrans Costs
b. City of Newport Beach Costs
2. Quantity /Cost Estimate for additional Tasks I through VII
3. Revised specifications to accommodate additional Tasks I through VII
TASK IX Coordination and Meeting Attendance with City and Caltrans & Coastal
Commission
Attend meetings and coordination with the City and Caltrans
1. As a result of additional Tasks I through VII
2. To accommodate an extended project completion schedule
For budgetary purposes, a maximum of fourteen (14) additional meetings
has been allocated to perform these services. These additional meetings assume
completion of this project by July 11, 1988.
The attached Fee Summary identifies additional fees requested, based
on the manpower estimates to accomplish these additional tasks.
CONTRACT SUMMARY
(Original Contract & Addendum 1 through 5)
Total Fees Previously Authorized (Addendums 1 through 4) $503,887
Total Professional Fees Requested with this Addendum 70,774
Total Reproduction Allowance requested with this Addendum 6,000
Total Fees with this Addendum $580,661
EXHIBIT "E"
Mr. Don Simpson • • JN 23627/P9
March 14, 1988 Page 8
Revised November 11, 1988
We are pleased to be of continuing service to the City of Newport Beach. If you
have any questions regarding this proposal, please contact me. Please indicate
your approval of this contract addendum by signing as indicated below and
returning one copy, or by issuing written acceptance in a form consistent with
your procedures.
S/incerel ,
Gary L. filler
Vice Pylesident
PubW Works Engineering
CITY OF NEWPORT BEACH
Approved by:
Title:
Date:
EXHIBIT "E"
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"EII
a
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M
N
Z
.7
July 25, 1988
0 0
`�ober t `Beirl,,-Wlliam`Fi�ost Q& associates
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
/9 RECEIVED �
( PUBL(C WORKS
�13 1 c21oF998
NE`A'POR7 6EACH
�+4 CAL1F
JN 23627/1-20
Mr. Dofi Simpson
Department of Public Works Cv N
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Subject: Proposal for Additional Engineering Services - Pacific Coast Highway
Widening (PCH - SRI) Addendum No. 6
Dear Don:
We hereby request this addendum to our contract for the final design and prepa-
ration of improvement plans and contract documents for the widening of Pacific
Coast Highway (Newport Boulevard to Orange Street). This is a continuation of
work activities originally authorized by the City of Newport Beach per the
signed agreement dated October 23, 1986. The specific tasks associated with
these additional services include:
TASK I Landscape Plan Revisions (RBF /Bob Graves)
As a result of recent direction by the City - Revise /prepare landscape
and irrigation plans and details to accommodate new and revised sound wall con -
struction at the following locations.
1. West Newport Park - A southerly side of PCH from Highland Avenue
approximately 2400 feet) to approximately 500 feet easterly of 62st
Street (Revised Landscape Plans).
2. Balboa Coves - Approximately 100 feet westerly to 330 feet easterly of
"Coves" entry to join the existing walls (new Landscaping Plans).
3. Hi hland Avenue to approximately 200 feet westerly (new Landscaping
ans .
4. Cedar Street - to approximately 80 feet westerly (new Landscaping
PT_an_s'T_.
The Fee Summary below identifies additional fees requested, based on the man-
power estimates to accomplish this additional task.
CProessiotg'1aI service shim 1944
P.O. BOX 19739 • 14725 ALTON PARKWAY, IRVINE, CALIFORNIA 92718 • (714) 472 -3505 • FAX (714) 472 -8373
REGIONAL OFFICES IN RANCHO CALIFORNIA AND PALM DESERT
EXHIBIT "E"
r Mr. Don Simpson
July 25, 1988
FEE SUMMARY
Employee Category Rate
Principal @ 95
Project Manager @ $58.00 /hr.
Project Engineer @ $58.00 /hr.
Design Engineer @ $44.00 /hr.
Senior Draftsman @ $40.00 /hr.
Sub - Consultant Bob Graves (landscaping)
Total Estimated Professional Fees This Addendum
10 JN 23627/L20
Page 2
Landscaping Plans Revisions
0
$ 174
232
0
640
6,300
$7,346
CONTRACT SUMMARY
(Original Contract & Addendum 1 through 6)
Total Fees Previously Authorized (including reproductions GG / 4" 11111",
Addendums 1 through 6) $580'�Rl
Total Professional Fees Requested with this Addendum 7,346
Total Reproduction Allowance Requested with this Addendum 400
Total Fees with this Addendum $588,239"
Ya'7
We are pleased to be of continuing service to the City of Newport Beach. If you
have any questions regarding this proposal, please contact me'or Mr. Gary
Miller. Please indicate your approval of this contract addendum by signing as
indicated below and returning one copy, or by issuing written acceptance in a
form consistent with your procedures.
Sincerely, CITY OF NEWPORT BEACH
Jame E. Mc Do Approved by:
or Vice President
Civil Engineering Title:
gd Date:
EXHIBIT "E"
� Y
• U S
e.�
♦ CltIFOR
TO:
FROM:
DATE:
SUBJECT:
•
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
r
FINANCE DIRECTOR
CITY CLERK
January 22, 1988
Contract No. C- 2591(E)
Description of Contract Modification of Agreement for Widening
Pacific Coast Highway from Newport Boulevard to Westerly of Orange
Street (Professional Engineering Services)
Effective date of Contract January 22 1988
Authorized by Minute Action, approved on January 11, 1988
Contract with Robert Bein William Frost & Associates
Address P.O. Box 19739
Amount of Contract
,�"s x�fe
Wanda E. Raggio
City Clerk
WER :pm
Attachment
3300 Newport Boulevard, Newport Beach
7
•
TO: CITY COUNCIL
FROM: Public Works Department
January 11, 1988
BY THE CITY COUNCIL,C�ITY COUNCIL AGENDA
CITY OF NEWPORT BEACH EM NO. F-3(a)
JAN 111988 C,, _ 2fW W
APPROVED
SUBJECT: MODIFICATION OF AGREEMENT WITH ROBERT BEIN, WILLIAM FROST & ASSOCIATES
FOR PROFESSIONAL ENGINEERING SERVICES FOR WIDENING PACIFIC COAST
HIGHWAY FROM NEWPORT BOULEVARD TO WESTERLY OF ORANGE STREET
RECOMMENDATION:
Approve a Modification Agreement with Robert Bein, William Frost &
Associates for professional engineering services for widening of
Pacific Coast Highway from Newport Boulevard to westerly of Orange
Street.
DISCUSSION:
Under the terms of an agreement with Caltrans, the City entered into
an agreement on October 23, 1987 with Robert Bein, William Frost & Associates
(RBF) to prepare plans, specifications, and an engineer's estimate of cost for
the improvement of Pacific Coast Highway from Newport Boulevard to westerly of
Orange Street. Caltrans is reimbursing the City for the major portion of the
RBF contract. However, under the Caltrans agreement, the City is paying for the
RBF services relating to landscaping and street lighting.
RBF prepared conceptual plans for approval by both the City and
Caltrans. Aftrer approval of the conceptual plans, changes and additions were
made that added to the scope of the engineering services.
In response to these changes, RBF has submitted four addendums. The
descriptions and fees for the changes included in the addendums are as follows:
Description
Amount of Char
Caltrans City
1. Expand sound wall concept plan $ 568
40 2. Additional construction plans for sound walls 3,482
3. Existing parking analysis to determine number
of lost parking spaces 1,180
4. Revise concept plan geometrics to change
lane widths 2,388
5. Soil tests for landscape planting 954
6 Additional coordination and meetings for
1 thru 6 1,276
January 11,
1988
Subject:
Modification of Agreement with Robert Bein, William
frost
& Associates
Page 2
•
Caltrans
City
7.
Parking area exhibit to illustrate parking
mitigations
900
8.
Revision of improvement plans to accommodate
parking bays for West Newport area
1,700
9.
Add Superior Avenue parking lot
6,200
10.
Construction plans for 12" water main from
easterly of 61st Street to easterly of
-
Superior Avenue
13,900
11.
Wall improvement plans for oil field site
2,500
12.
Noxious gas investigation in vicinity of
Balboa Coves
11,400
13.
Additional potholes and survey for 8 thru 11
455
945
•
14.
Additional coordination and meetings for 8
thru 13
390
810
15.
Reproductions 8 thru 13
813
1,687
16.
Extend project from Orange Street to
Highland Street
12,500
17.
Revise storm drain at Newport Boulevard
4,500
18.
Additional potholes and field surveys for 16
and 17
5,300
19.
Coordination and meetings for 16 and 17
1,000
20.
Reproductions 16 and 17
1,500
21.
Parking area aerial photo exhibit for
Coastal Commission
844
22.
Landscaping plan for Superior Avenue parking
•
lot
5,742
23.
Revise Newport Boulevard off -ramp
4,396
24.
Widen sidewalk from Balboa Coves entrance to
off -ramp
3,380
25.
Exhibits for right of way acquisition
4,068
! i
January 11, 1988
Subject: Modification of Agreement with Robert Bein, William Frost & Associates
Page 3
• Caltrans City
26. Plan modification to allow left -turn for
Balport Shopping Center 3,428
27. Revise plans to raise height of sound walls
adjacent to Lido Sands and Balboa Coves 3,988
28. Additional field surveys 24 and 26 665 655
29. Coordination and meetings 21 thru 27 3,259 569
30. Reproductions 21 thru 27 1,703 297
Totals $83,645 $25,697
The changes chargable to the City as listed above include the addition of
a 12 -inch water main in Pacific Coast Highway from a point easterly of 61st
Street to the existing 12 -inch line easterly of Superior Avenue. This is a
master plan line needed for future service to the West Newport oil property.
• Installation of the line at this time will avoid trenching within the widened
highway in the future. Also included is the upgrading of the existing wood
fence in front of the oil field with a masonry wall that will match the planned
sound attenuation walls. The sidewalk on the southerly side of the highway from
the Balboa Coves entrance to the Newport Boulevard on -ramp is presently 8 feet
wide. This is a designated two -way bike trail and the remainder of the existing
sidewalk westerly to the Santa Ana River bridge is 12 feet wide. The cost of
the widening will be at City expense since Caltrans' portion of the project does
not include widening of existing sidewalks.
The Modification Agreement raises the maximum fee from $394,545 to
$503,887. The additional fee amount will be financed as follows:
Fund Amount
25- 3323 -010 $ 83,645
18- 3323 -010 5,855
50- 9287 -001 16,818
23- 5497 -019 3,024
/Total $109,342
• r / vim. ���
Benjamin B. Nolan
Public Works Director
DS:jd
Description
Included in Caltrans' Agreement
Gas Tax Funds
Water Main Replacement Program
Oil Tank Farm Improvement
r
I
MODIFICATION OF AGREEMENT
NUMBER C- 2591(6)
This Modification of the Agreement Number C- 2591(B) entered into this
day of 1988, by and between the CITY OF NEWPORT BEACH, a
municipal corp ration (hereinafter "City ") and ROBERT BEIN, WILLIAM FROST &
ASSOCIATES (hereinafter "Consultant "), is made with reference to the following:
I,offtrucr
A. On October 23, 1986, Agreement Number C- 2591(B), was entered into
by and between City and Contractor (hereinafter "Agreement ").
B. City and Consultant desire to modify the Agreement on the terms
and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. Section VI A of the Agreement is modified to read as follows:
ENGINEER hereby agrees to perform all the services as outlined in
Exhibit "A" attached to the Agreement and to perform the additional services as
outlined in Exhibit "D" attached hereto consisting of Addendum No. 1, dated
March 3, 1987; Addendum No. 2, dated June 29, 1987; Addendum No. 3, dated
August 29, 1987; and Addendum No. 4, dated November 18, 1987; and by this
reference made a part hereof.
2. Section XXIV B of the Agreement is modified to change the net fee
from $31,530 to $43,500.
3. Section XXIV D of the Agreement is modified to change the total
expenditures from $394,545 to $503,887.
4. Except as expressly modified herein, all other terms and covenants
set forth in the Agreement shall remain the same and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Modification
of Agreement to be executed on the day and year first above written.
APPROVED AS TO FORM:
aL
City—Attorney
ATTEST:
City Clerk
!`TrV AC llrlJnnnr nrnru
CONSULTANT
Robert BBei�n, William Frost & Associates
/ o�...J�.
By: 2 ' (D
ames E. PcDonald
Se ice President
i
r
EXHIBIT "D"
`I oberl cBeiQ,`William`Frost C& associates
PROFESSIONAL ENGINEERS, PLANNERS& SURVEYORS
March 3, 1987 JN 23627
Addendum No, 1
Mr. Don Simpson
Department of Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Proposal for Additional Engineering Services
Pacific Coast Highway Widening
Dear Don:
We hereby request this addendum to our contract for the final
design and preparation of improvement plans and contract
documents for the widening of Pacific Coast Highway (Newport
Boulevard to Orange Street). This is a continuation of work
activities originally authorized by the City of Newport Beach per
the signed agreement dated October 23, 1986. The specific tasks
associated with these additional services include:
Task I - Expansion of the Wall Concept Plan
At the request of the City, we have prepared an
additional wall exhibit for proposed walls along the
inland side (approx. 500') of PCH in West Newport.
These walls are identified as "not feasible" in the
final EIR for this project, and, therefore, not
included within the project scope. If the conceptual
plan for these walls is approved by CalTrans, we
anticipate additional services to prepare final design
and improvement plans.
Task IA - Expansion of Wall Plan Scope
Provide additional engineering services to prepare
design plans for the proposed soundwalls (approx. 5001)
per conceptual wall plan (see Task II).
G P.O. BOX 19739 • 14725 ALTON PARKWAY, IRVINE. CALIFORNIA 92718 • (714) 472 -3505
27403 YNEZ ROAD • SUITE 201 • RANCHO CALIFORNIA. CA 92390 • (714) 676 -8042
Task II - Parking Analysis
At the request of the City, we have performed a field
investigation and prepared an existing parking plan
exhibit for use in evaluating lost parking due to this
project.
Task III - Revision of Concept Plan Geometrics
Project
n� *e
As directed by CalTrans, we were required to revise the
completed concept plan geometrics. This change
deviates from the original discussions with CalTrans
which set lane widths during October 1986 as shown in
the following summary:
Mi locf i...a
Lane Configuration
Project Per Draft EIR 15' median, (2) 12' lanes
Start 11.5' lane, 8' bike/
emergency parking lane
10/28/86 Resolution of Lane Widths 14 median, 13' lane,
between CalTrans (Bill 12' lane, 11' lane, 8'
Weldele) and City bike /emergency parking
lane
12/5/86
12/14/86
Conditional Approval
by CalTrans (Peter Hsu)
Revised Geometrics per
CalTrans Letter (Sid
Elicks)
Remains Unchanged
14' median, 13' lane, (2)
12' lanes, 8' bike/
emergency parking lane
Based on the resolution of lane widths established in
October, roadway construction drawing preparation
commenced, as scheduled, in mid - November. The
geometric changes in mid - December were not anticipated
and therefore were not provided for as part of the
project budget. This change represents approximately
one month of design work which has to be revised.
Task IV - Soil Testing for Landscape Planting
As a result of recent direction by the City, we will
schedule soil analysis for landscape planting purposes
of median and parkway core samples which will be
obtained from the soil and pavement testing process.
It is anticipated that tests will be needed at eight
locations throughout the project.
Total Professional Fees Requested for This Addendum $9,848
Task
V - Coordination
and
Meeting Attendance with City and
CalTrans
Attend meetings
and coordinate with the City and
CalTrans
as a result
of additional
Task I, IIA and IV.
Each of these tasks
will extend
the completion of the
contract
and will require
additional coordination and
meetings.
The following is a summary of the
additional fees requested,
based on
the manpower estimates to
accomplish these additional
tasks:
Employee
Category/
Task
Task
Task
Task Task Task
Rate
I
IA
II
III IV V
Project
$116
$232
$116
$348 $116 $580
Mgr
(2 hr)
(4 hr)
(2 hr)
(6 hr) (2 hr) (10 hr)
$58.00 /Hr
Project
$116
$ 580
$232
$696 $58 $ 696
Eng.
(2 hr)
(10 hr)
(4 hr)
(12 hr) (1 hr) (12 hr)
$58.00 /Hr
Design
$176
$ 880
$352
$704
Eng.
(4 hr)
(20 hr)
(8 hr)
(16 hr)
$44.00 /Hr
Sr.
$160
$ 800
$480
$640
Draftsman
(4 hr)
(20 hr)
(12 hr)
16 hr)
$40.00 /Hr
Survey
$990
Crew
(6 hr)
(3 -Man)
$165.00 /Hr
Subconsultant
$780
Fees
(Yokum)
$568
$3482
$1180
$2388 $954 $1276
Total Professional Fees Requested for This Addendum $9,848
We are pleased to be of continuing service to the City of Newport
Beach. If you have any questions regarding this proposal, please
contact Gary Miller. Please indicate your approval of this
contract addendum by signing as indicated below and returning one
copy, or by issuing written acceptance in a form consistent with
your procedures.
Sincerely,
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
-'964f K ".K"
S. Robert Kallenbaugh
Sr. Vice President
Civil Engineering
CITY OF NEWPORT BEACH
Approved by:
Title:
Date:
• • EXHIBIT "D"
�w
`7,obert `Beiq,`tiVi11iam `F -ost C& associates
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
June 29, 1987 JN 23627
Addendum No. 2
Mr. Don Simpson
Department of Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Proposal for Additional Engineering Services
Pacific Coast Highway Widening
Dear Don:
We hereby request this addendum to our contract for the final
design and preparation of improvement plans and contract
documents for the widening of Pacific Coast Highway (Newport
Boulevard to Orange.Street). This is a continuation of work
activities originally authorized by the City of Newport Beach
per the signed agreement dated October 23, 1986. The specific
tasks associated with these additional services include:
Task I - Parking Area Exhibit
Prepare Parking Area Exhibit @ 1" = 50' scale on
topographic base showing proposed parking locations which
will be available along PCH to accommodate the provisions
of the Project's EIS relating to replacement parking.
Parking areas to be included will show the following:
1. Proposed Parking "Bays" along the easterly side of PCH
between Orange Street and 60th Street.
2. Proposed Parking Lot at the southeasterly corner of
Superior Avenue and PCH.
3. Existing parking at the West Newport Park Tennis
Courts.
`Prgfessiogal service since 1944
❑ P.O. BOX 19739 • 14725 ALTON PARKWAY, IRVINE, CALIFORNIA 92718 • (714) 472 -3505
j ❑ 27403 YNEZ ROAD* SUITE 201 • RANCHO CALIFORNIA, CA 92390 9 (714) 676 -8042
0 0
Task II - Parking "Bay" Improvement Plan Modifications
Revise previously prepared curb alignment along the
easterly side of PCH between Orange Street and 60th Street
to accommodate additional "Bay" type parking. This change
is made at the request of the City of accommodate the
replacement parking required for this project, as described
in the exhibit prepared as a result of Task I.
Task III - Superior Avenue Parking Lot
Prepare grading and improvement plans to accommodate
parking on the unimproved parcel located at the
southeasterly corner of Superior Avenue at PCH.
Currently, Access Roadway Improvement Plans are being
prepared at this location for Hoag Hospital to accommodate
access from Superior Avenue. Design for Parking Lot
Improvement Plans assumes that this access road will be
completed prior to construction of the proposed parking
lot. (Estimated Plan Sheets: 5)
Plans will include improvements as follows:
A. Grading and Improvements
B. Retaining Wall (160 feet estimated)
C. Drainage Improvements (600 feet estimated)
D. Striping Plans
Task IV - Water Pipeline Improvements
A. Conceptual Alternatives Alignments
This task includes preparation of Concept Plans to
show two (2) alternative alignments for the
construction of approximately 4,200 feet of 12 -inch
master planned water main within PCH.
B. Final Improvement Plan and Profile
After selection and approval by the City, of one of
the conceptual alternatives previously prepared as a
result of Task IV A above begin preparation of the
Final Improvement Plan and Profile for the 12 -inch
water pipeline (Estimated Plan Sheets: 5)
Task V - Wall Improvement Plans for West Newport Oil
Prepare 1) Wall and 2) Landscape and Irrigation Plans to
accommodate 220 feet of new wall adjacent to the West
Newport Oil Property.
The existing wall will be removed as a result of the
widening of PCH. The new wall to be constructed will be
designed to match the texture and geometric configuration
of walls to be constructed at various locations and
included with this project.
Task VI - Noxious Gases Investigation
At the request of the City, provide engineering services to
investigate the gas odor on the westerly side of PCH
adjacent to the Balboa Coves tract, this investigation
will:
1. Test the hypothesis that noxious gases continue to be
released in the Balboa Coves tract;
2. Determine the areal extent of that gaseous release;
3. Determine the feasibility of relocating gas recovery
wells away from Pacific Coast Highway;
4. Recommend on appropriate facility to remediate noxious
gases; and
5. Accommodate remediation efforts with the construction
of a retaining /sound abatement wall adjacent to the
Pacific Coast Highway.
The scope of the project will entail the following:
1. Surface geologic investigation;
2. Surveying of a 200 -foot sampling grid;
3. Auger and complete 32 to 36 holes (depending on the
area) as sampling locations, each to a depth of 2
feet;
4. Collect gas samples for quantitative laboratory
analysis;
5. Volumetric analysis of various gases from each auger
hole;
6. Description and analysis of soil from each auger hole;
and
7. Prepare and submit an analytical report including
recommendations appropriate to each area.
The success of this project depends upon access to private
property for use in drilling, completing, sampling numerous
auger holes. For safety and cost reasons, no sampling
points (auger holes) are proposed within Pacific Coast
Highway. Given the time needed to secure materials,
process laboratory analyses, and consulting requirements
(Balboa Coves will require 3 -4 weeks to complete).
0 0
This bid does not cover /include any and all costs for
"clean up " /remediation of contaminated soil /groundwater if
encountered. PIC makes no guarantee that drilling
operations can be completed at the proposed locations in
the event unexpected obstacles (cement, underground
sires /pipes, boulder beds, etc.) are encountered. In
acceptance of this proposal, the property owner /client
agrees to hold PIC harmless and to defend and /or pay for
the defense of claims and judgements attendant to
litigation arising from this work.
Petroleum Industry Consultants will provide these services
as a subconsultant under the direction of RBF.
Task VII - Additional Field and Pothole Survey
A. Pothole Survey
Perform survey to determine elevations of pipelines
exposed as a result of potholing. As a result of Task
IV, "Water Pipeline Improvements ", RBF will identify
locations of potential conflict with new construction
and existing underground pipelines. City will provide
for the potholing of these facilities.
B. Field Surve
Perform field survey to obtain additional 1) Field
Culture, 2) Cross Sections and 3) Spot Elevations at
existing joints, to accommodate preparation of plans
for the construction of improvements, provided for as
a result of Tasks II through V above.
Task VIII - Additional Coordination and Meeting Attendance with
Provide the necessary coordination with the City and
CalTrans personnel as a result of the services included
with Tasks I through VII above.
Work under this item shall be performed on a time and
materials basis and shall include agency presentations
beyond normal processing of plans and installation with
CalTrans and City staff by telephone.
For budgetary purposes, a maximum of 20 manhours has been
allocated to perform these services.
• •
COMPENSATION
ADDENDUM NO. 2
JN 23627
Estimated
Task
Description
Fee
I
Parking Area Exhibits
$ 900
II
Parking "Bay" Improvement Plans
1,700
III
Superior Avenue Parking Lot
6,200
A. Grading and Improvements
B. Retaining Wall
C. Drainage Improvements
D. Striping Plans
IV
Water Pipeline Improvements
A. Conceptual Alternative Alignments
400
B. Final Improvement Plan & Profile
13,500
V
Wall Landscape Improvement Plans for
West Newport Oil
2,500
A. Wall Plans
B. Landscape and Irrigation Plans
VI
Noxious Gases Investigation at
Balboa Coves
11,400
VII
Additional Pothole and Field
Survey
1,400
VIII
Additional Coordination and Meeting
Attendance
1,200
Total Professional Fees
Requested
$39,200
IX
Additional Reproductions
2,500
Total Budget
$41,700
We are pleased to be of continuing service to the City of
Newport Beach. If you have any questions regarding this
proposal, please contact Gary Miller. Please indicate your
•
approval of this contract addendum by signing as indicated below
and returning one copy, or by issuing written acceptance in a
form consistent with your procedures.
Sincerely,
ROBERT BEIN /WILL FROST & ASSOCIATES
j a/
S. Robert Kallenbaugh
Sr. Vice President
Civil Engineering
CITY OF NEWPORT BEACH
Approved by:
Title:
Date:
EXHIBIT "D"
`Xober1 ';Beii1,`Wi11iam`hrost 6& associates
PROFESSIONAL ENGINEERS, PLANNERS& SURVEYORS
August 3, 1987
Mr. Don Simpson
Department of Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
JN 23627
Addendum No. 3
Subject: Proposal for Additional Engineering Services
Pacific Coast Highway Widening
Dear Don:
We hereby request this addendum to our contract for the final
design and preparation of improvement plans and contract
documents for the widening of Pacific Coast Highway (Newport
Boulevard to Orange Street). This is a continuation of work
activities originally authorized by the City of Newport Beach
per the signed agreement dated October 23, 1986. The specific
tasks associated with these additional services include:
Task I - Additional Improvement Plan Scope (Orange Street
to Highland Street)
Provide additional survey and engineering services to
prepare design plans for the ultimate street
improvements northerly beyond Orange Street to
Highland Street (approximately 7001) including median
construction, pavement widening, new sidewalk, curb
and gutter along the inland side of PCH. The intent
of the original scope of work was to end ultimate
improvements at Orange Street and transition westerly
to the existing roadway. Under this expanded scope of
work, the transition will be accomplished by striping
and signing within the ultimate improvements.
This task will require additional plans as follows:
A. Removal /Relocation Plans (1 sheet estimated)
`Prgfessiotlal service since 1944
❑ P.O. BOX 19739 • 14725 ALTON PARKWAY, IRVINE, CALIFORNIA 92718 • (714) 472 -3505
❑ 27403 YNEZ ROAD • SUITE 201 • RANCHO CALIFORNIA, CA 92390 • (714) 676 -8042
0
4
B. Improvement /Drainage Modifications (1 sheet
estimated)
C. Median Island and Wall Landscaping and Irrigation
Plans (2 sheets estimated)
D. Extension of Wall Adjacent to Park (approximately
500 LF) (1 sheet estimated)
E. Signing and Striping Plans (2 sheets estimated)
F. Phase Construction Plans (2 sheets estimated)
Task II - Revised Storm Drain Plans at Newport Boulevard
Revise previously prepared plans to accommodate the
following:
A. Elimination of the triple - barrel box drainage
facility crossing Pacific Coast Highway at
Newport Boulevard.
B. Revise alignment for the single - barrel box
drainage facility to accommodate the elimination
of the triple -box and maintain the existing
single -box drainage facility crossing Pacific
Coast Highway.
Task III - Additional Field and Pothole Survey
A. Pothole Survey
Perform survey to determine elevations of
pipelines exposed as a result of potholing. As a
result of Task II, "Revised Storm Drain
Improvement at Newport Boulevard ", RBF will
identify locations of potential conflict between
new construction and existing underground
pipelines. City will provide for the potholing
of these facilities.
B. Field Survey
Perform field
field culture,
elevations at
preparation of
improvements, p
and II above.
survey to obtain additional 1)
2) cross sections and 3) spot
existing joints, to accommodate
plans for the construction of
rovided for as a result of Tasks I
Task IV - Additional Coordination and Meetings Attendance
with City, CalTrans and Property Owners
f
Provide the necessary coordination with the City
and CalTrans personnel as a result of the
services included with Tasks I and II above.
Each of these tasks will require additional time
to complete the plans and will require additional
coordination and meetings.
Work under this item shall be performed on a time
and materials basis and shall include agency
presentations beyond normal processing of plans
and installation with CalTrans and City staff by
telephone.
For budgetary purposes, a maximum of 20 manhours
has been allocated to perform these services.
We are pleased to be of continuing service to the City of
Newport Beach. If you have any questions regarding this
proposal, please contact Gary Miller. Please indicate your
approval of this contract addendum by signing as indicated below
and returning one copy, or by issuing written acceptance in a
form consistent with your procedures.
Sincerely,
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
'3
S. Robert Kallenbaugh
Sr. Vice President
Civil Engineering
CITY OF NEWPORT BEACH
Approved by:
Title:
Date:
C2
• * EXHIBIT "D"
`Robert `Behl,Wlliam `Frost 6& Associates
PROFESSIONAL ENGINEERS, PLANNERS 8, SURVEYORS
November 18, 1987
Mr. Don Simpson
Department of Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Proposal for Additional Engineering Services
Pacific Coast Highway Widening (PCH) - SRI
Addendum No. 4
Dear Don:
JN 23627
Addendum No. 4
We hereby request this addendum to our contract for the final design and
preparation of improvement plans and contract documents for the widening of
Pacific Coast Highway (Newport Boulevard to Orange Street). This is a
continuation of work activities originally authorized by the City of Newport
Beach per the signed agreement dated October 23, 1986. The specific tasks
associated with these additional services include:
Task I Parking Area Aerial Photo Exhibit
At the request of the City, prepare exhibit at 1" = 40 scale on
Aerial Photo Mylar showing proposed parking locations to be included
with the widening of Pacific Coast Highway. This exhibit will be in
addition to the previously prepared "Parking Area Exhibit" Addendum
No. 2.
Task II Landscaping for Parking Area (PCH at Superior Avenue)
(RBF /Bill Yocum)
Prepare Landscaping and Irrigation Plans and Details to
accommodate landscaping within the proposed parking lot at
Superior Avenue and Pacific Coast Highway. Landscaping will
include parking lot planters and graded slopes as a result of
this parking lot construction.
Obtain representative field soil samples and perform laboratory
analysis of these samples to determine the selection of planting
materials to be used. This work includes a maximum of six (6)
test holes (2' maximum depth) and assumes that deep excavations
in excess of 2 feet will be provided by the City of Newport
Beach.
`Prgfessiorlal service since 1944
❑ P.O. BOX 19739 • 14725 ALTON PARKWAY, IRVINE, CALIFORNIA 92718 • (714) 472 -3505
❑ 27403 YNEZ ROAD • SUITE 201 • RANCHO CALIFORNIA, CA 92390 • (714) 676 -8042
Mr. Don Simpson • JN 23627
November 18, 1987 Addendum No. 4
Page 2
Task II B continued
Work also includes subsequent recommendations as to the
acceptability of site soils for the proposed landscaping as a
result of these tests.
Task III Newport Boulevard Ramp & Pacific Coast Highway (PCH) Revisions
Revise the, A) Ramp Profiles for the westbound PCH on -ramp, and B)
Roadway /Ramp Pavement Structural Sections in accordance with the
CalTrans plan review comments meeting on October 13, 1987, and
subsequent meeting on November 5, 1987. These revisions deviate
from the CalTrans approved geometric concept plan and pavement test
results, which is the basis of all plans in this project. These
changes include revisions to the 1) Ramp Plan and Profiles, and 2)
Cross - sections and Details.
Task IV Parkway Widening Adjacent to Balboa Coves
At the direction of the City of Newport Beach, 1) Prepare
additional plans and profiles to accommodate the widening of the
sidewalk on Pacific Coast Highway (SR -1) adjacent to Balboa Coves
from its current 8 foot width to 12 feet which is consistent with
the parkway widths westerly of the Balboa Coves private entry, 2)
Remove and replace curb on Balboa Coves property and modify existing
drainage inlet to improve drainage deficiencies, 3) Relocate
existing street lighting on Balboa Coves property. This task will
include revisions to the previously prepared plans and profiles for
the project.
Task V Right of Entry Exhibits
Prepare Rights -of -Entry Exhibits to facilitate negotiations with the
West Newport Association properties affected by this project. The
affected properties are located on the northerly side of PCH from
Highland Avenue to westerly of Seminouk Slough. For budgetary
purposes, it is anticipated that preparation of 15 exhibits will be
necessary.
Task VI Median Island Modifications for "Balport" Shopping Center
Revise Plans and Profiles east of Superior Avenue to accommodate
left turns for westbound traffic into the "Balport" shopping area.
This task is a result of a meeting with CalTrans on November 5,
1987, and subsequent authorization to proceed with this work. This
work will require revisions to the plans as follows:
1. Plans and Profiles
2. Signing and Striping
3. Landscaping
Mr. Don, Simpson • JN 23627
November 18, 1987 Addendum No. 4
Page 3
Task VII Revisions to Sound Walls Adjacent to Lido Sands and Balboa Coves
This task includes revisions to Plans, Profiles and Details to
accommodate increasing approximately 2900 linear feet of sound walls
from a maximum height of 8 feet to a maximum height of 10 feet.
This work is required as a result of meetings with the Lido Sands
and Balboa Coves Homeowners Associations. Subsequent to these
meetings, a review of wall height recommendations contained in the
approved EIR document for this project was made resulting in a
decision by CalTrans to adjust these wall heights.
Task VIII Additional Field Survey
Perform Field Survey to 1) Obtain additional spot elevations to
accommodate positive drainage design for Task IV and, 2) Obtain
additional survey at "Baiport" Shopping Center to accommodate
placement of left turn pocket for Task VI.
Task IX Coordination and Meeting Attendance with City and CalTrans
Attend meetings and coordinate with the City and CalTrans 1) As a
result of additional Tasks I through VIII, 2) To accommodate an
extended project completion schedule, and 3) Additional
coordination to assist the City /CalTrans with rights -of -way
concerns. Each of these tasks, as well as the absence of traffic or
drainage plan check comments from CalTrans, as of November 5, 1987,
will extend the completion of the contract and will require
additional coordination and meetings. For budgetary purposes a
maximum of six (6) additional meetings has been allocated to perform
these services. These additional meetings assume completion of this
project by December 21, 1987.
The attached Fee Summary is a summary, Page 3.1, of the additional fees
requested, based on the manpower estimates to accomplish these additional
tasks.
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Mr. Don Simpson
November 18, 1987
Page 4
Contract Summary
(Original Contract & Addendum 1 through 4)
JN 23627
Addendum No. 4
Total Professional Fees Requested with this Addendum $471,187
Total Reproduction Allowance Requested with this Addendum 31,000
Total Fees with this Addendum $502,187
We are pleased to be of continuing service to the City of Newport Beach. if
you have any questions regarding this proposal, please contact Gary Miller.
Please indicate your approval of this contract addendum by signing as
indicated below and returning one copy, or by issuing written acceptance in a
form consistent with your procedures.
Sincerely,
ROB T EIN, WILLI�ST & ASSOCIATES
Gary L. iller /�
Senior Director
Public Works Engineering
CITY OF NEWPORT BEACH
Approved by:
Title:
Date:
l
• •
`R,bber7 `Beirl,cWilliam`Fro- st (i associates
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
LETTER OF TRANSMITTAL
TO: City of Newport Beach DATE January 19, 1988
Public Works Department
P.O. Box 1768 RBF JOB NO. 23627
Newport Beach, CA 92658 -8915
ATTN: Don Si
WE ARE FORWARDING: ❑ BY MAIL ❑ BY MESSENGER ❑ BY BLUEPRINTER
NO. OF COPIES DESCRIPTION
4 Modification of Agreement Number C- 2591 -B
STATUS:
SENT FOR YOUR:
PLEASE NOTE:
•
PRELIMINARY
❑
APPROVAL
❑
REVISIONS
•
REVISED
❑
SIGNATURE
❑
ADDITIONS
•
APPROVED
®
USE
❑
DELETIONS
❑
RELEASED
❑
FILE
❑
CORRECTIONS
❑
REVIEWED
❑
INFORMATION
❑
NOT FOR CONSTRUCTION
REMARKS Enclosed please find four (4) copies of our Modification of Agreement
Number C- 2591(6
COPIES TO:
ROBE WILLIAM FR ASSOCIATES
BY
ry L,�iller, P.E.
Vice President
Civil Engineering
gjm
cPrgfessiorla1 service siiLce 1944
❑ P.O. BOX 19739 • 14725 ALTON PARKWAY, IRVINE, CALIFORNIA 92718 • (714) 472 -3505
❑ 27403 YNEZ ROAD • SUITE 201 • RANCHO CALIFORNIA, CA 92390 • (714) 676 -8042
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
--
TO: FINANCE DIRECTOR
Public Works Department 0121VJ1
FROM: CITY CLERK
DATE: October 23, 1986
SUBJECT: Contract No. C- 2591(B)
Description of Contract Amended Agreement for Professional
Engineering Services for Coast Highway Widening - Newport
Boulevard to westerly of Orange Street
Effective date of Contract October 23, 1986
Authorized by Minute Action, approved on October 13, 1986
Contract with Robert Bein, William Frost and Associates
Address 1401 Quail Street
P.O. Box 2550
Newport Beach, CA 92658 -8984
Amount of Contract (See Agreement)
L+LJLl %j�G�I�G� s ,
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
C - 23_�'l 6�J
October 13, 1986
BY THE CITY COUNCIL. CITY COUNCIL AGENDA
CITY OF NRIPORT BEAN TEM N0. F -3(g)
TO: CITY COUNCIL WT 13 1986
FROM: Public Works Department APPROVED
SUBJECT: AMENDED ENGINEERING SERVICES AGREEMENT FOR COAST HIGHWAY WIDENING
BETWEEN NEWPORT BOULEVARD AND ORANGE STREET
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute the amended engi-
neering services agreement with Robert Bein, William Frost &
Associates.
DISCUSSION:
At the June 23, 1986 Council meeting, a cooperative agreement with
Caltrans was approved that provided for the City to administer preparation of
the plans and specifications for the highway improvements between Newport
• Boulevard and Orange Street, with funding by Caltrans. At the same meeting an
engineering services agreement was approved with Robert Bein, William Frost &
Associates for the preparation of the plans.
The agreement with Caltrans required their approval of the engineering
services agreement. Caltrans disapproved of the total not -to- exceed fee of
$425,390 and required the City to renegotiate this fee. This total fee has now
been renegotiated to an amount not to exceed $394,545 and approved by Caltrans.
The amended engineering services agreement replaces Exhibits A, B, and
C in the old agreement with new fee exhibits, setting the total fee at an amount
not to exceed $394,545.
A budget amendment to provide for the $500,000 Caltrans funding in the
current budget has been prepared. In addition, the budget amendment provides
for the transfer of $32,900 from the currently budgeted gas tax account to pre-
pare preliminary plans to a budgeted account for the City's portion of the sub-
ject project.
•e„R Benjamin B. Nolan
Y'^ Public Works Director
DS:jd
+ AGREEMENT
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FOR
COAST HIGHWAY (SRI) WIDENING
NEWPORT BOULEVARD (SR55) TO WESTERLY OF ORANGE STREET
THIS AGREEMENT is made and entered into this ,day of
1986, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY ", and the firm of ROBERT REIN, WILLIAM FROST
AND ASSOCIATES, a California corporation, hereinafter referred to as "ENGINEER."
WITNESSETH:
WHEREAS, CITY under terms of an agreement with the California
Department of Transportation (CALTRANS), dated June 23, 1986, has been
authorized by CALTRANS to obtain professional engineering services for the
preparation of plans, specifications and engineer's estimate of cost for the
improvement of Pacific Coast Highway from Newport Boulevard to westerly of
Orange Street, hereinafter referred to as "PROJECT "; and
WHEREAS, the Environmental Impact Statement has been prepared by
CALTRANS; and
WHEREAS, CITY intends to prepare final engineering and construction
documents for the improvement of Pacific Coast Highway from Newport Boulevard to
westerly of Orange Street, hereinafter referred to as "PLANS "; and
WHEREAS, ENGINEER has submitted a proposal dated June 19, 1986, to CITY
to perform the professional engineering services in conjunction with the prepa-
ration of said PLANS; and
WHEREAS, CITY entered into an Agreement with ENGINEER dated June 27,
1986, to perform the professional engineering services; and
WHEREAS, under the terms of the Agreement with CALTRANS, said Agreement
with ENGINEER was submitted and then disapproved by CALTRANS; and
WHEREAS, CITY and ENGINEER desire to terminate the Agreement dated June
27, 1986 and enter into a new Agreement;
NOW, THEREFORE, in consideration of these premises, the parties hereto
agree as follows:
I. TERMINATION OF PREVIOUS AGREEMENT
The Agreement between CITY and ENGINEER entitled "Agreement for
1 of 15
t
0
�i
Professional Engineering Services for Coast Highway (SR1) Widening Newport
Boulevard (SR55) to Westerly of Orange Street" dated June 27, 1986, is hereby
terminated.
II. GENERAL
A. Time is of the essence in this Agreement.
B. The term of this Agreement shall commence on the day this
Agreement is made and entered into, and shall terminate one year hence unless
terminated earlier as set forth herein or extended by mutual consent of the par-
ties.
C. No alteration or variation of the terms of this Agreement shall
be valid unless made in writing and signed by the parties hereto, and no oral
understanding or agreement not incorporated herein, shall be binding on any of
the parties hereto.
D. The consideration to paid ENGINEER as provided herein, shall be
in compensation for all of ENGINEER's expenses incurred in the performance
hereof, including travel and per diem, unless otherwise expressly so provided.
E. CITY engages ENGINEER to perform the services hereinafter
described in Exhibit "A" for the compensation herein stated.
F. ENGINEER agrees to perform said services upon the terms and
conditions hereinafter set forth.
G. ENGINEER represents that it employs, or will employ, at its own
expense, all personnel required in performing the services required under this
Agreement.
H. ENGINEER agrees that all services required hereunder will be
performed under his direct 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.
I. ENGINEER shall comply with all Federal, State and local laws
and ordinances applicable to the work.
J. ENGINEER warrants and guarantees that all services hereunder
shall be provided in a manner commensurate with the highest professional stan-
dards and shall be performed by qualified and experienced personnel.
III. ENVIRONMENTAL PROTECTION
ENGINEER is required to comply with all applicable standards,
orders or requirements issued under Section 3067 of the Clean Air Act (42 U.S.C.
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1857 (h)), Section 508 of the Clean Water Act (33) U.S.C. 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15)
which prohibit the use under non - exempt Federal contracts, grants or loans of
facilities included on the EPA List of Facilities. Violations shall be reported
to the Federal Highway Administration and to the U.S.E.P.A. Assistant
Administrator for Enforcement.
IV. SAFETY
ENGINEER shall comply with OSHA regulations regarding shoring and
other necessary safety equipment or procedures. ENGINEER shall comply with
safety instructions issued by the CITY or its designee. Crew members shall wear
hard hats and orange safety vests at all times while working on site. ENGINEER
shall conduct weekly safety meetings throughout the period of field work; all
crew members shall attend. Personal safety equipment shall be provided by
ENGINEER.
V. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, ENGINEER
hereby swears under penalty of perjury that no final unappealable finding of
contempt of court by a Federal Court has been issued against ENGINEER within the
immediately preceding two -year period because of ENGINEER's failure to comply
with an order of a Federal Court which orders ENGINEER to comply with an order
of the National Labor Relations Board.
VI. SERVICES TO BE PERFORMED BY ENGINEER
A. ENGINEER hereby agrees to perform all the services as outlined
in EXHIBIT "A" attached hereto and by this reference made a part hereof.
B. ENGINEER will make all personnel assigned to this Agreement
available to testify, if necessary, at public hearings on subject matter dealt
with in this Agreement.
VII. DUTIES OF CITY
CITY hereby agrees to supply ENGINEER all information, materials,
data, reports, records and maps as are existing and available from 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 information and materials shall include but not be
limited to:
Plans.
A. Mylar plan and profile or plan sheets for the preparation of
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B. Consultation with ENGINEER as required to accompish completion
of the Plans.
VIII. OWNERSHIP OF DOCUMENTS
All products used or developed in this project will remain in the
public domain becoming the property of CALTRANS at the completion of this pro-
ject. All survey notes, sketches, plans, specifications and other data prepared
shall be delivered to CITY. There shall be no restriction or limitation of
their further use. No material prepared in connection with the project shall be
subject to compyright in the United States or in any other country.
IX. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical or other data
and information relative to CITY's or CALTRANS' operations, which is designated
confidential by CITY or CALTRANS, and made available to ENGINEER in order to
carry out this Agreement, shall be protected by ENGINEER from unauthorized use
and disclosure through the observance of the same or more effective procedural
requirements as are applicable to CITY or CALTRANS.
B. Permission to disclose information on one occasion or public
hearing held by CITY or CALTRANS relating to the PROJECT shall not authorize
ENGINEER to further disclose such information or disseminate the same on any
other occasion.
C. Each subcontract shall contain provisions similar to the
foregoing related to the confidentiality of data and nondisclosure of the same.
D. ENGINEER shall not issue any news release or public relations
item of any nature whatsoever regarding work performed or to be performed under
this contract, without prior review of the contents thereof by CITY or CALTRANS
and receipt of CITY's and CALTRANS' written permission.
X. PATENT RIGHTS
Patent rights to any invention, improvement, or discovery conceived
or for the first time actually reduced to practice by the ENGINEER or its
employees, in the course of, in connection with, or under the terms of this
Agreement shall be wholly owned by the CITY or CALTRANS.
XI. COPYRIGHT
All reports, project maps, and other documents prepared in connec-
tion with the PROJECT and funded in whole or part by CITY shall contain a stan-
dard notice that the materials were prepared under a contract with the CITY.
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CITY shall have unrestricted authority to publish, disclose, distribute, and
otherwise use in whole or in part such documents. In addition, no material pre-
pared in connection with the PLANS shall be subject to copyright in the United
States or in any other country.
XII. WORKERS' COMPENSATION
Pursuant to the requirements of Section 1860 of the Labor Code
(Chapter 1000, Statutes of 1965), the CONSULTANT will be required to secure the
payment of workers' compensation to his employees in accordance with the provi-
sions of Section 3700 of the Labor Code.
XIII. INSURANCE
A. ENGINEER shall furnish certificates, prior to commencement of
the work described herein, showing insurance in force as follows:
1. Public Liability and Property Damage insurance in an amount
not less than One Million Dollars ($1,000,000) per occurrence.
2. Architect's and /or Engineer's Professional Liability
insurance in an amount not less than One Million Dollars ($1,000,000).
3. Valuable Papers insurance in an amount sufficient to assure
the restoration of any plans, drawings, field notes, computations, memoranda,
reports, or other similar data relating to the work of the ENGINEER used in the
completion of the PROJECT.
B. Excepting the Professional Liability coverage, insurance cer-
tificates shall name both the ENGINEER, the CITY, and the State as insureds.
XIV. ENGINEER IN CHARGE
GAIL PICKART is designated the Engineer -in- Charge on behalf of the
ENGINEER. CITY reserves the right to approve any substitution of the
Engineer -in- Charge. ENGINEER's key personnel as indicated in their Statement of
Qualifications (Attachment A) may not be substituted without CITY's prior writ-
ten approval. In the event of termination of the Engineer -in- Charge, the
designated replacement shall be a licensed Civil Engineer in the State of
California.
XV. PROJECT MANAGER
A. CITY hereby designates John Wolter as Project Manager, and
hereby delegates to said Project Manager the authority to manage and coordinate
this Agreement. The Project Manager is responsible for review and approval of
ENGINEER's monthly invoices. The Project Manager will be available for advice
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and comment on all work under this Agreement. He shall meet with ENGINEER and
its subcontractors to discuss ENGINEER's and subcontractors' progress and to
give guidance.
B. ENGINEER and its subcontractors agree that the Project Manager
will have full access to information regarding this project so that the Project
Manager's role may be carried out. ENGINEER and its subcontractors will honor
reasonable requests from the project Manager for information pertaining to the
technical aspects of the PROJECT.
C. CITY will provide sufficient staff engineering assistance to
allow effective coordination with the ENGINEER. This assistance shall take the
form of providing ENGINEER information when problems are identified in meeting
the objectives of the work, monitoring progress toward meeting these objectives,
and other more general liaison functions necessary in administering the
Agreement.
XVI. CALTRANS STAFF
A. CALTRANS staff will be permitted to work side by side with
ENGINEER staff to the extent and under conditions that may be directed by
Project Manager. In this regard, CITY or CALTRANS staff will be given access to
all data, working papers, etc., which ENGINEER may seek to utilize.
B. ENGINEER will not be permitted to utilize CITY or CALTRANS per-
sonnel for the performance of services which are the responsibility of ENGINEER
unless such utilization is previously agreed to in writing by the Project
Manager, and any appropriate adjustment in price is made. No charge will be
made to ENGINEER for the services of CITY or CALTRANS employees while performing
coordinating or monitoring functions.
XVII. TERMINATION
A. CITY may terminate this Agreement at any time for its own con-
venience 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 such, at the option of the CITY become its property. If this
Agreement is terminated by CITY as provided herein, ENGINEER will be paid a
total amount equal to his actual costs as of the termination date.
Actual costs shall include labor costs, employee benefits,
overhead, other direct costs and pro -rata amount of fee shall be as set forth in
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Proposal (Exhibit B), but not to exceed the maximum fee set by this Agreement
under Section XXIV, FEE SCHEDULE AND PAYMENT.
B. CITY may, by written notice to ENGINEER, terminate the whole
or any part of this Agreement in any of the following circumstances:
1. If ENGINEER fails to perform the services called for by
this Agreement within the time specified herein or any extension thereof; or
2. If ENGINEER fails to perform the services called for by
this Agreement or so fails to make progress as to endanger performance of this
Agreement in accordance 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 of time as CITY may authorize in writing) after receipt of notice from
CITY specifying such failure.
C. ENGINEER agrees that if because of death or any other
occurrence it becomes impossible for any principal or employee of ENGINEER to
render the services required under this contract, neither the ENGINEER nor the
surviving principals shall be relieved of any obligation to render complete per-
formance. However, in such event, CITY may terminate this Agreement if it con-
siders the death or incapacity of such principal or employee to be a loss of
such magnitude as to affect the ENGINEER's ability to satisfactorily complete
the performance of this contract.
D. ENGINEER and all successors, executors, administrators and
assigns of ENGINEER's interest in the work or the compensation herein provided
shall be bound to CITY to the full legal extent to which ENGINEER is bound with
respect to each of the covenants of this contract.
E. In the event proceedings in bankruptcy are commenced against
ENGINEER, ENGINEER is adjudged bankrupt or a receiver is appointed and quali-
fies, then CITY may terminate this Agreement and all further rights and obliga-
tions hereunder, by giving five days notice in writing in the manner specified
herein. It is recognized by the parties that equipment purchased by ENGINEER or
CITY for this PROJECT shall have lien rights held in the name of the CITY which
shall retain lien rights until ENGINEER either returns said equipment to CITY or
purchases it as is provided by the terms of this Agreement.
XVIII. DISPUTES
A. Except as otherwise provided in this Agreement, any dispute
concerning a question of fact arising under or relating to the performance of
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this Agreement which is not disposed of by agreement shall be decided by CITY's
Public Director of Public Works, who shall reduce his decision to writing in
regard to the dispute and shall transmit a copy thereof to ENGINEER. The deci-
sion of the Director shall be final and conclusive unless, within thirty (30)
days from the date of receipt of such copy, ENGINEER transmits to CITY a written
appeal. Said appeal shall be supported with specificity. In connection with
any appeal proceeding under this clause, ENGINEER shaall be afforded an oppor-
tunity to be heard before the State and to offer evidence in support of its
appeal.
B. Neither the pendency of a dispute nor its consideration by the
Director will excuse ENGINEER from full and timely performance in accordance
with the terms of the Agreement.
XIX. COORDINATION
ENGINEER shall work closely and cooperate fully with the Project
Manager or his designated representative and CALTRANS. The Project Manager or
his designated representative shall constantly review and give his approval of
the details of the work as it progresses, subject to overall review by CALTRANS.
Reviews and inspection of the work may be made by CITY and CALTRANS
at reasonable times during the performance period of this Agreement.
XX. NOTIFICATION
All notices hereunder and communications regarding interpretation
of the terms of this Agreement and changes thereto shall be effected by the
mailing thereof by registered or certified mail, return receipt requested,
postage prepaid and addressed as follows:
FNr TNFFR
.Robert Bein, William Frost and Assoc
Attn: Gail Pickart, Vice President
P. 0. Box 2590
1401 Quail Street
Newport Beach, CA 92658 -8984
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CITY
City of Newport Beach
Public Works Director
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Copy to:
Mr. W. 0. Weldele
Project Development Branch B
CALTRANS, District 7
P. 0. Box 2304
Terminal Annex
Los Angeles, CA 90041
XXI. TIME OF COMPLETION
The work required as set forth in Exhibit "A" shall commence within
ten (10) calendar days of CITY's written Notice to Proceed and shall be
completed in accordance with the Schedule attached hereto as Exhibit "C" con-
tingent 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,
flood, epidemics, quarantine restrictions, 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 following 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 calim against CITY for additional com-
pensation. 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.
XXII. BUDGET DISCLAIMER
A. It is mutually understood between the parties that this
Agreement may have been written before ascertaining the availability of
congressional appropriation of funds for the mutual benefit of both parties in
order to avoid program and fiscal delays which would occur if the Agreement were
executed after that determination was made.
B. Should funds not be appropriated by the California State
Legislature for the fiscal years covered by this Agreement, CITY shall exercise
its option to terminate this Agreement.
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XXIII. NO REIMBURSEMENT FOR COST PRIOR TO NOTICE TO PROCEED
ENGINEER may not commence performance until the Agreement has been
approved by CITY and a separate written Notice to Proceed is received by
ENGINEER. No payment shall be made prior to these approvals nor for any work
performed prior to these approvals.
XXIV. FEE SCHEDULE AND PAYMENT
The basis of payment for the services provide under this Agreement
shall be cost - plus -a -fixed -fee.
A. CITY shall reimburse ENGINEER for actual costs (including labor
costs, employee benefits, overhead and other direct costs) incurred by ENGINEER
in performance of the work, in an amount not to exceed exclusive of any fixed
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 XXIII.A above,
CITY shall pay ENGINEER a net fee of Thirty -one Thousand Five Hundred Thirty
Dollars ($31,530). Said fixed fee shall not be altered unless thereis signifi-
cant alteration in the scope, complexity or character of the work to be per-
formed.
C 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 -five (25) cents per mile, while traveling away from
ENGINEER's headquarters which is hereby designated as Newport Beach, California.
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 Stae
Board of Control rules and regulations.
D. Total expenditures made under this Agreement including the
fixed fee shall not exceed the sum of Three Hundred Ninety -four Thousand Five
Hundred Forty -five Dollars ($394,545).
E. ENGINEER agrees that the Contract Cost Principles and
Procedures, CFR 48, Federal Acquisition Regulations System, Chapter 1, Part 31,
shall be used to determine the allowability of individual items of cost.
ENGINEER also agrees to comply with Federal procedures in accordance with Office
of Management and Budget Circular A -102, Uniform Administrative Requirements for
Grants -in -Aid to State and Local Governments.
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F. The direct labor rates, overhead and employee benefit percen-
tages set forth in Exhibit "B" are effective for the period of July 1986 through
through July 1987. The direct labor rates, overhead and employees' benefit per-
centages are subject to review and update on an annual basis by ENGINEER. Such
updates shall be subject to CALTRANS and FHWA approval for those portions of the
work performed under this Agreement taking place after December of 1987. The
new rates and percentages shall be used to readjustthe total not to exceed fee
for those portions of the work not accomplished by December of 1987.
G. CITY agrees to pay 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 certified invoice for allowable costs incurred in the per-
formance of this Agreement plus a pro -rata portion of the fixed fee as described
in Paragraph B above.
2. Invoices must be accompanied by written progess reports
which describe the work performed in the period covered by the invoice.
3. CITY shall withhold ten percent (10 %) of each progress
payment. This retention will be paid upon satisfactory completion of the
Agreement, including acceptance and approval by CALTRANS of all reports, plans,
and other products to be provided by ENGINEER.
4. 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 less ten percent (10 %) retention of
allowable costs.
XXU. EQUIPMENT PURCHASE
A. Any equipment purchased as a result of this Agreement is sub-
ject to the following: ENGINEER shall maintain an inventory of all nonexpen-
dable property. Nonexpendable property is defined as having a useful life of at
least two years and an acquisition cost of $150 of more. If the purchased
equipment needs replacement and is sold or traded in, CITY shall receive a
proper refund or credit. At the conclusion of the contract or if the contract
is terminated, the ENGINEER may either keep the equipment and credit the CITY in
an amount equal to its fair market value or sell such equipment at the best
price obtainable at a public or private sale in accordance with established CITY
procedures. If the ENGINEER elects to keep the equipment, fair market value
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shall be determined on the basis of a competent independent appraisal of such
equipment. Appraisals shall be obtained from an appraiser mutually agreeable to
the CITY and the ENGINEER. If it is determined to sell the equipment, the terms
and conditions of such sale must be approved in advance by the CITY.
B. Prior authorization in writing by the CITY shall be required
before ENGINEER enters into any non - budgeted purchase order or subcontract
exceeding $100 for supplies, equipment or consultant services. The ENGINEER
shall provide an evaluation of the neccesity or desirability of incurring such
costs. For purchase of any item, service or consulting work not covered in the
ENGINEER's proposal and exceeding $500, three competitive quotations must be
submitted with the request, or the absence of bidding must be adequately
justified.
XX4I. ANTITRUST ACTIONS
ENGINEER's attention is directed to the following provision of
Government Code Sections 4551 and 4552 (Stats. 1978, Ch. 414) which shall be
applicable to the ENGINEER and its subcontractors on public works contracts or
to the bidder on consultant contracts for the purchase of goods, materials or
services:
"In entering into a public works contract or a subcontract to
supply goods, services, or materials pursuant to a public works
contract, the Contractor or subcontractor offers and agrees to
assign to the awarding body all rights, title, and interest in and
to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code], arising from purchases of goods,
services, or materials pursuant to the public works contract or the
subcontract. This assignment shall be made and become effective at
the time the awarding body tenders final payment to the Contractor
without further acknowledgement by the parties.
"In submitting a bid to a public body, the bidder agrees that if
the bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may
have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act [Chapter 2 (commencing with Section 16700)
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of Part 2 of Division 7 of the Business and Professions Code],
arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such
assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder."
XXVII. 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 supplemental
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 any. In special cases
where it is essential that extra work or changes in work be performed imme-
diately, execution of the supplemental authority covering such changes shall be
accomplished as soon as practicable.
XXVIII. HOLD HARMLESS
ENGINEER shall save harmless the CITY and STATE, their officers,
agents, and employees from all claims and liability due to the negligent acts of
ENGINEER, subcontractors, agents and employees of ENGINEER and his
subcontractors.
XXIX. SUBCONTRACTS
ENGINEER shall not subcontract any portion of the work required by
this Agreement, except as expressly stated in Exhibit "B" without prior written
approval of CITY. Upon termination of any subcontractor, CITY shall be imme-
diately so notified in writing. All terms and conditions of this Agreement
shall be applicable to any subconsultant whose cost exceeds Ten Thousand Dollars
($10,000).
XXX. RECORDS AND REPORTS
ENGINEER and any subcontractor to ENGINEER agree to maintain all
books, documents, papers, accounting records and other evidence pertaining to
costs incurred. ENGINEER and any subcontractor to ENGINEER agree to make these
materials and ENGINEER's records supporting costs available at their respective
offices at all reasonable times during the performance of this Agreement and for
four years from the date of final payment made by CITY to its construction
contractor for this PROJECT. CITY, CALTRANS, the State Auditor General, the
Federal Highway Administration, the General Accounting Office, or any other
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aut¢orized representative of the Federal Government shall have access to any
books, records and documents of ENGINEER and its subcontractors that are per-
tinent to the contract for audits, examinations, excerpts and transactions, and
copies thereof shall be furnished if requested.
XXXI. NON- SOLICITATION WARRANTED
ENGINEER warrants, by execution of this Agreement, that no person
or selling agency has been employed or retained to solicit or secure this
Agreement upon an agreement or understanding for a commission, percentage, bro-
kerage, or contingent fee, excepting bona fide employees or bona fide estab-
lished commercial or selling agencies maintained by ENGINEER for the purpose
of securing business. For breach or violation of this warranty, CITY shall
have the right to annul this Agreement without liability, pay only for the
actual cost of the work actually peformed, or in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
XXXII. CONFLICT OF INTEREST
Prohibited interests are as follows: No officer, member or
employee of CITY during his tenure or one (1) 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,
whether contractural, non - contractural, financial or otherwise, in this transac-
tion, 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
complete 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 convenants 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 in
any manner or 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.
XXXIII. CONGRESSIONAL CONFLICT OF INTEREST
Interest of members of or delgates to Congress shall be restricted
as follows: No member of or delegate to the Congress of the United States nor
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any Resident Commissioner shall be admitted to any share or part of this
Agreement or to any benefit arising therefrom.
XXXIV. NONDISCRIMINATI
ENGINEER agrees to comply with the provisions of Appendix A and
agrees that Appendix A shall be made applicable to any subcontract in excess of
Ten Thousand Dollars ($10,000).
XXXV. ASSIGNMENT
This Agreement shall be binding on the successors and assigns of
the parties, but it shall not be assigned either in whole or in part by ENGINEER
without the prior written consent of CITY.
XXXVI. CONTRACTUAL RELATIONSHIP
ENGINEER, and the agents and employees of ENGINEER in the perfor-
mance of this Agreement, shall act in an independent capacity and not as offi-
cers or employees or agents of CITY or CALTRANS.
IN WITNESS WHEREOF, said parties have executed this Agreement as of the
date and year first above written.
ATTEST:
City Clerk
CITY OF NEWPORT BE
a municipa,j corpor
f
W:
APP VED AS TO FORM:
By;
City Attorney
Address and Phone:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92658 -8915
(714) 644 -3311
ROBERT BEIN, WILLIAM FROST AND ASSOCIATES
1401 Quail Street
P. 0. Box 2550
Newport Beach, CA 92658 -8984
(714) 833 -0070
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SCOPE OF ENGINEERING SERVICES
PACIFIC COAST HIGHWAY (PCH) WIDENING
NEWPORT BLVD. (S.R. 55 TO W'LY OF ORANGE STREET)
CITY OF NEWPORT BEACH
EXHIBIT "A"
TASK DESCRIPTION
A. Research, Investigation & Review
1. Collect and review right -of -way documents and "as- built" plans
for the existing improvements along Coast Highway.
2. Conduct a field review with ground photo inventory and provide
an analysis necessary to ensure that the record plans accurately
represent the existing conditions.
3. Review right -of -way requirements including slope easements,
construction easements and reference documents.
B. "Conceptual" Geometric Design Plans
1. Prepare geometric plans (I " =501) from aerial topographic map
which detail lane widths, right -of -way requirements, joins to
existing and proposed improvements. For this proposal, we
anticipate that for the purpose of the design concept approvals,
a concept plan should be prepared on a single 'roll mylar. The
base plans prepared as a result of this task will be utilized to
develop final design plans.
2. Prepare geometric plan (1" =201) for the Newport Boulevard
(Arches Interchange) ramp design and joins.
3. Prepare geometric plan (1" =201) for the Superior Avenue /Balboa
Boulevard /Coast Highway intersection, including all turning and
through lanes.
4. Prepare geometric plans (1" =20) for the intersections at Prospect
Street and Orange Street, including all turning and through
lanes.
5. Prepare typical sections.
I C. Field Survey & Aerial Topographic Mapping
Perform aerial topographic mapping services to prepare aerial
topography at a scale of 1 " =50' suitable for enlargement to 1 " =20' scale
with a one -foot contour interval for plan base sheets. Perform field
survey to (1) edit the aerial topography; (2) - :btain additional
mapping data including field culture; (3) cross sections; (4) spot
elevations as necessary; and (5) potholed utility location survey.
D. Soils, Geotechnical Pavement Investigation
1. Soils & Geotechnical Investigation
Conduct detailed soils and geotechnical investigation necessary to
recommend new pavement sections, evaluate existing pavement
sections, excavation, fill, compaction, ground water conditions,
bearing pressures for foundation and wall designs, slope
stabilization, and other information as required.
2. Pavement Testing
Analyze existing pavement on PCH for the approximately 1.7 mile
length by deflection testing. Core existing pavement to deter-
mine existing street sections and overlay thickness requirements.
Core locations should utilize proposed median areas when
possible. Traffic index requirements and new pavement section
criteria are to be provided by CalTrans. Prepare Traffic
Control Plans to accommodate coring and deflection testing
within PCH.
E. Utility Research & Notification
A detailed utility research will be conducted by CalTrans. From the
information provided by CalTrans, review and compile information.
Prepare utility plans at 1" =50' scale showing locations of existing
utilities in accordance with CalTrans Policy Overhead and Under-
ground Utilities on State Highways. Identify locations of potential
conflicts between utilities and planned improvements, including high
risk facilities. Special attention should be given to the proposed
storm drain crossingE within the highway. RBF will be responsible
for determining locations of sewer and storm drainage installations
from "as- built" information.
CalTrans will arrange for potholing of utilities by the respective
owners and provide precise locations for inclusion on the plans. RBF
will provide survey to locate potholed utilities. CalTrans will
coordinate with the utility companies affected by the project including
preparation and issuance of appropriate utility notifications and
related follow -up. Notifications shall consist of the following:
Utility Information Request - Ask utility for location, size, etc., of
its facilities within project limits. This notice is forwarded
concurrent with commencement of design.
Identify Relocate Notice Locations - In the event relocation of utilities
is indicated, identify utilities to be relocated and provide information
to the City of Newport Beach for their processing of relocate notices.
Notice to Relocate - Prior to project bidding, assist City in the
preparation of notices to relocate for transmittal to affected utility
agencies, as previously identified, requesting immediate relocation in
accordance with the previously determined agreed upon schedule.
F. Right -of -Way Investigation & Legal Descriptions
Review (1) title report and assessor maps; (2) record maps; (3)
centerline monuments supplied by City /CalTrans and determine
centerline alignment and right -of -way widths; and (4) prepare
right -of -way base maps, appraisal maps, record maps, legal descrip-
tions and other documents necessary to obtain right -of -way, slope
easements and construction easements in accordance with criteria
established by CalTrans. Right -of -way work will be coordinated with
and completed to CalTrans approval. CalTrans is to acquire the
necessary right -of -way and easements.
For the purpose of this proposal, a maximum of four (4) legal
descriptions have been allocated as well as an additional five (5)
corner cutoff descriptions.
G. Sound Wall
1. Preliminary Plans & Exhibits
Prepare a maximum of two (2) exhibits to provide coordination
with property owners to accommodate the aesthetic considerations
of the community.
Estimated Plan Sheets: 2
2. Design Plans
In accordance with the Environmental Impact Statement and
CalTrans Noise Study, prepare plans necessary to construct six
to eight foot high sound wall adjacent to the south side of
highway. Due to a limited area available for construction,
alternative methods for wall foundation construction may be
necessary at various locations. Sound attenuation requirements
will incorporate the recommendations indicated in the draft EIS
and CalTrans Noise Study for the project. (Report No.
FHWA -CA- EIS- 85 -02 -D )
Locations and heights of walls to be shown on roadway
improvement plans with profile details to be included on separate
sheets.
Estimated Plan Sheets: 7
6 0
H. Drainage
1. Preliminary Drainage & Hydrology Study
Review CalTrans preliminary drainage studies as well as other
studies for the area, including the Arches Interchange. Prepare
hydrology and preliminary drainage study to determine feasibility
of alternate drainage systems to replace the existing ditches
along the north side of the highway. West of Superior Avenue,
the drainage system may involve a pressure conduit below the
sidewalk. East of Superior Avenue, the drainage system will
require investigations to determine the feasibility of crossing the
highway near Newport Boulevard and outletting into the Bay.
For the purpose of this proposal, five (5) drainage areas are
assumed to be tributary to the project area.
2. Upon selection of an option and CalTrans approval, prepare
plans for the required drainage system sized to meet the
hydraulic requirements of CalTrans. For the purpose of this
proposal, we anticipate that approximately 8000 LF of storm
drainage system would be needed.
Estimated Plan Sheets: 13
I. Traffic Signal and Street Lighting
Prepare plans for the new traffic signal at Newport Boulevard and
modifications at Superior Avenue /Balboa Boulevard, Prospect Street
and Orange Street. Prepare street and safety lighting plans. Plans
shall be prepared by a traffic engineer licensed in the State of
California.
1. Preparation of traffic signal plans and documents
Preparations of traffic signal plans will be at the following
locations:
a. Coast Highway at Newport Boulevard southbound ramps
(new signal) .
b. Coast Highway at Balboa /Superior (modification).
C. Coast Highway at Prospect (modification) .
d. Coast Highway at Orange (modification).
During construction of traffic control system phasing, two each
temporary traffic signal modifications will be necessary at above
locations b, c, and d. Preparation of these plans are included
in Task J -(1).
It is anticipated that four (4) 20 scale signal plan sheets and
one (1) signal detail sheet will be required. CalTrans Standard
0 0
Specifications and
Standard Plans will be
utilized in
preparation
of contract plans
and special provisions. Probable
engineer's
construction estimate will be provided for
each signal
location.
Estimated Plan Sheets: 5
Not included in the scope of work is possible preparation of
ramp metering systems at the Coast Highway and Newport
Boulevard interchange.
2. Preparation of street lighting plans, traffic signal interconnect
and documents [From points a thru d as described in Task
I -(1)j
Street light plans will be prepared for Coast Highway from
Newport Boulevard to the Santa Ana River bridge. These plans
will be prepared in accordance with City of Newport Beach
Standards and will include electrical circuit diagram plan
sheet(s).
It is anticipated that six (6) 50 scale plan sheets will be
necessary, including the electrical circuit diagram plan sheet(s).
Contract special provisions and bid item quantities and probable
engineers construction estimates will be provided in accordance
with CalTrans methods and format.
Estimated Plan Sheets: 6
3. Preparation of Coast Highway and Newport Boulevard interchange
lighting plans and documents
This task will involve preparation of interchange lighting
modification plans in accordance with CalTrans Highway Design
Manual and Standard Specifications and Plans. Included in this
task is preparation of an electrical circuit diagram plan sheet.
It is possible that three (3) 50 scale plan sheets will be
necessary, including the electrical circuit diagram sheet.
Contract special provisions and bid items quantities and probable
engineers construction estimates will be provided, using
CalTrans methods and format.
Estimated Plan Sheets: 3
J. Signing, Striping and Detour Plans
Prepare signing and striping plans for the project, including joining
to the existing and proposed roadway west of Orange Street.
Prepare necessary detour and traffic control plans for planned phases
of construction. Plans shall be prepared by a traffic engineer
licensed in the State of California.
1
Prepare 50 scale construction traffic control system plans and
documents
This task is established as the initial task to be performed by
HKA since it is the key to performing construction methods,
phasing, and preparation of other task(s) plans and documents.
It is intended that a construction phasing and traffic control
system "Concept Plan & Procedure" be prepared and discussed in
as much detail as possible, prior to performing other design
tasks. The "Concept" will be prepared on a base aerial layout
of the project construction limits. RBF or agencies involved in
the project will provide HKA with a reproducible base layout for
preparation of the "Concept Plan & Procedure ".
After tentative approval by City of Newport Beach and
CalTrans, the "Concept Plan & Procedure" will be used to
prepare formal construction traffic control system plans and
documents. During the design phase, problems encountered in
conforming to the "Concept Plan & Procedure" will be coordinated
with all concerned parties.
It is anticipated
that eight (8)
50 scale
traffic control system
plans including
sign /striping
will be
necessary for Coast
Highway, three
(3) 50 scale
plans for
Coast Highway and
Newport Boulevard interchange,
and one
(1) general notes and
detail sheet. In
addition to
these plans,
six (6) 20 scale
temporary traffic
signal traffic
control
system plans will be
necessary.
Utilization of CalTrans Manual of Traffic Controls (1985),
Standard Plans, and Standard Specifications will provide the
necessary guidelines and standards for construction contract
plan and document preparation, CalTrans will provide at no
cost, full size reproducible copies of traffic control system
standard plans T10 through T14 for use in contract prepration.
Initial review of the project's construction intent concluded that
the Coast Highway Widening could be done in three (3) phases:
a. Widening on the north side of Coast Highway by restriping
all present lanes southerly of their existing locations.
b. Construction of the ultimate curbed median by lane closure
of the ultimate number one lanes of the 6 -lane divided
street.
C. Resurfacing of all existing lanes.
It is anticipated that existing traffic signals on Coast Highway at
Balboa /Superior, Prospect, and Orange will require temporary
modifications during each construction phase. This can be
accomplished by use of temporary wood pole signal installations
with overhead wiring. Traffic control system phasing of
construction at the Coast Highway and Newport Boulevard
• •
interchange may necessitate route plans to connecting circulation
facilities.
It is estimated at this time that approximately eighteen (18) plan
sheets (22 "x36" CalTrans contract mylars) of 50 scale traffic
control system plans will be required. This 'r.cludes an
estimated six (6) 20 scale plan sheets.
Other standard traffic control system plans will consist of five
(5) CalTrans full size Standard Plan sheets T10 -T14 and one (1)
temporary wood signal installation detail sheet. Contract
specifications and bid item quantities and probable engineer's
construction cost estimates will be provided in accordance with
CalTrans methods and format.
Estimated Prepared Plan Sheets: 18 Estimated Standard Plan
Sheets: 6
2. Prepare traffic signing and striping plans and documents
This task will be to document "existing" conditions of
sign /striping in order to determine sign /striping changes during
the "traffic control system" phasing "concept plan & procedure"
prepared in Task 1.
Necessary sign /striping plans will be prepared at 50 scale for
the "ultimate" condition on Pacific Coast Highway, Newport
Boulevard, Orange Street, Prospect Street, and the ramp
interchange. CalTrans' Standard Plans A20 -A and B will be
utilized to document necessary striping details. CalTrans'
"Traffic Manual" will be utilized to document signature.
It is anticipated that nine (9) plan sheets for signing and
striping, quantities, and details will be required for "ultimate"
condition documentation. Interim plans or signing and striping
plan sheets during construction phasing, are included in Task 1.
Construction specifications and bid item quantities and probable
engineer's construction estimate will be provided in accordance
with CalTrans methods and format.
Not included in this task is possible preparation of directional
signage attached to the bridge structure at Coast Highway and
Newport Boulevard interchange.
Estimated Plan Sheets: 9
K. Landscaping
Median landscape and irrigation plans shall be prepared by a licensed
landscape architect. Coordinate selection of plant material with
CalTrans and the City's Parks, Beaches and Recreation Department.
1. Preliminary Design Phase
• 0
a. Prepare Preliminary Design Plans and Exhibits at 20 scale
with typical sections and details for review and approval by
CalTrans and City of Newport Beach for landscaping of
medians.
b. Coordinate with City of Newport Beach, property owners,
and CalTrans to accommodate landscape treatment adjacent
to proposed sound attenuation walls on the southerly side of
PCH.
For the purpose of this proposal, irrigation for the parkway
landscape areas will be assumed to be a separate system and
maintained by the homeowners.
2. Final Plans
Prepare plans based on the approved preliminary design plans.
These plans will include the following:
a. Hardscape Design (within medians) - (20 scale)
b. Irrigation Design - (20 scale)
C. Planting Design - (20 scale)
d. Landscape Construction, Irrigation & Planting Details - (10
scale)
e. Planting & Irrigation Specifications
Estimated Plan Sheets: 18
L. Coordination and Meetings with Adjacent Property Owners
Coordinate with adjoining property owners for compatible design and
phasing of construction with existing improvements. Special attention
is needed to join the existing commercial improvements in West
Newport as well as for the sound wall aesthetics.
For budgetary purposes, a maximum of eighty (80) manhours with
property owners has been allocated,
M. Prepare Roadway Improvement Construction Drawings
The final design and construction drawings shall incorporate the
previously approved geometric design prepared as a part of Task B
and all mitigation measures addressed in the EIS. The consultant will
have to review the EIS to insure that the mitigation measures are
adequately incorporated in the final design. Completion of the plans
will also involve coordination with Huntington Beach, Orange County
and CalTrans. The consultant will be required to include applicable
comments necessary to obtain the CaITrans approval.
Improvement Plans will include the following items:
- Roadway Plans at 1 " =50' Scale (includes topography, utilities,
removals and demolition) - Estimated Plan Sheets: 10
- Intersection Detail Plans at 1 " =20' Scale for the intersections at
1) Newport Boulevard Interchange; 2) Superior Avenue /Balboa
Boulevard; and 3)Prospect Street, and 4) Orange Street. -
Estimated Plan Sheets: 4
- Typical Cross Sections and Details (includes details for streets
and sound walls). - Estimated Plan Sheets: 4
- Horizontal Control Plans at P =50' Scale - Estimated Plan Sheets:
4
N. Prepare Construction Specifications
The specifications shall be written to conform with FHWA, CalTrans
and City requirements.
O. Prepare Construction Cost Estimate
Prepare a detailed construction cost estimate for the project.
P. Coordination and Meeting Attendance with CalTrans, Orange Coun
Provide the necessary coordination with CalTrans personnel. This
item shall include monthly progress reports as well as the development
of and meeting of the target dates set up for the following submittals:
- Plans for Geometric Approval
- Plans for Utility Approval
- Plans for Landscape Approval
- Plans for Traffic Approval
- Plans for Traffic Handling
- Landscape PS & E
- Traffic PS & E
- Design PS & E
Work under this item shall be performed on a time and materials basis
and shall include agency presentations beyond normal processing of
plans and consultation with CalTrans staff by telephone.
For budgetary purposes, a maximum of 12 meetings with CalTrans has
been allocated.
Q. Bidding Process (Budget Item Only)
Prepare a master for bid proposal documents suitable for
reproduction. Assist the City during the bidding process. Provide a
separate fee.
R. Consultation (Budget Item Only)
Provide consultation during construction. Provide a separate fee
including shop drawing and shoring plan review.
S. As -Built (Budget Item Only)
Prepare as -built construction drawings. Provide a separate fee.
"As- built" information is to be provided by the City of Newport
Beach /CalTrans.
T. Reproductions
Reproductions shall be provided as necessary to complete the project.
They shall be provided at their cost, with an estimate provided and
the understanding taken that the cost over this amount must be
approved in order to be eligible for reimbursement.
EXHIBIT "B"
COMPENSATION
Estimated
Task Manhours
Estimated
Fee
A.
Research, Investigation &
Review
80
3,600
B.
"Conceptual" Geometric Design
Plans
400
16,800
C.
Field Survey & Aerial Topographic
Mapping
1. Field Survey
290
12,800
2. Aerial Topography
14,200
3. Potholed Utility Location
Survey
35
1,750
D.
Soils, Geotechnical Investigation &
Pavement Testing
1. Soils & Geotechnical
36,000
2. Pavement Testing & Traffic
Control
14,500
E.
Utility Research & Notification
70
2,800
F.
Right -of -way Investigation &
Legal Descriptions
130
5,800
G.
Sound Wall
1. Exhibit Preparation
60
3,000
2. Design Plans
310
14,000
H.
Drainage
1. Conceptual Preliminary
Plans & Hydrology
425
18,000
2. Final Design Drainage System
750
35,115
1.
Traffic Signal & Street Lighting
1. Traffic Signal Plans &
Documents
200
10,600
Estimated Estimated
Task, Manhours Fees
2. Street Lighting & Traffic Signal
Interconnect Plans & Documents
a. Street Light Plans
185
10,500
b. Traffic Signal Interconnect
Plans
45
2,800
3. Coast Hwy & Newport Blvd.
Interchange Lighting Plans
& Documents
130
6,600
J.
Signing, Striping & Detour Plans
1. Const. Traffic Control
Sys. Plans & Documents
485
26,840
2. Traffic Signing & Striping
Plans & Documents
265
14,850
K.
Landscaping
1. Preliminary Design Phase
110
5,400
2. Final Plans
340
17,000
L.
Coordination and Mtg. with
Adjacent Property Owners
80
4,800
M.
Prepare Roadway Improvement
Final Const. Drawings
1,500
67,500
N.
Prepare Const. Specifications
100
5,790
O.
Prepare Const. Cost Estimate
80
4,000
P.
Coordination & Mtg. Attendance
w /Caltrans, County of Orange
and Huntington Beach
240
14,500
Q.
Bidding Process
(Budget Item Only)
40
2,500
R.
Construction Consultation
(Budget Item Only)
200
11,000
S.
As -Built Plan Preparation
As -Built Documentation to
be provided by the City of
Newport Beach.
(Budget Item Only)
350
17,500
9
T. Reproductions
Total Contract
Item Fees
(Items A thru
P & T)
Total Budget Item Fees
(Items Q thru
S)
Total Budget
25,000
$394,545
31,000
$425,545
Compensation for the Engineering Plans and Contract Documents will be
based on the charges up to the "not -to- exceed" amount of $369,545
(excluding reproductions) as shown on the following Exhibits "B -1" through
"B -5".
A budget amount of $25,000 is shown to cover the reimbursable cost of
reproductions bringing the total contract amount to $394,545.
Subconsultants performing speciality work on this project and associated
costs to provide these services are as follows:
Sub -
Task /Item Description consultant Estimated Fee
D. Soils, Geotechnical
Investigation & Pavement
1. Soils & Geotechnical
2. Pavement Testing/
Traffic Control
I. Traffic Signal & Street
Lighting
1. Traffic Signal
2. Street Lighting
3. Interchange Lighting
J. Signing, Striping &
Detour Plans
K. Landscaping
Woodward Clyde
Consultants
LaBelle -Marvin
Consultants
Herman Kimmel &
Associates
Herman Kimmel &
Associates
William Yokom
$36,000
$14,500
$10,600
$13,300
$ 6,600
$41,690
$22,400
It is understood that the City of Newport Beach will provide RBF with all
available data and information, such as survey ties, bench marks, previously
approved improvement plans and "as- built" improvement drawings as required
0
w
for completion of the work. Further, it is understood that CalTrans will be
responsible for inspection, control of construction payment to the
Contractor, and furnishing plans and specifications to the Contractor.
Any work relating to monumentation construction surveying, utility potholing
or environmental documentation is specifically excluded from the engineering
services proposed herein and, if required, must be contracted for CalTrans
under separate contract or as an addendum to this contract.
Any supplemental work will be accomplished by a separate contract for an
additional fee.
0
C`
J
EXHIBIT "B -1"
L
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
COMPENSATION SUMMARY
DIRECT LABOR RATE
Principal $ 36.06
Associate 32.21
Project Manager/ Engineer 22.28
Registered Engineer 19.91
Design Engineer 16.94
Senior Draftsperson, /Technician 15.22
Draftsperson 11.14
Survey Crew (per man) 21.00
Weighted Hourly Rate 17.33
DIRECT COSTS (Labor)
$17.33/Hr. x 4545 Hours $ 78,765.00
INDIRECT COSTS (Overhead)
@ 128% 100,820.00
Subtotal 179,585.00
DIRECT COSTS
Printing & Reproductions 18,000.00
Aerial Topography 14,200.00
FEE (Profit)
@ 150 31,530.00
TOTAL 243,315.00
Y
EXHIBIT "B -1"
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
OVERHEAD ANALYSIS
Percent
DIRECT LABOR
100%
OVERHEAD
Indirect Salaries (Supervision, Clerical,
Administration & Training)
22.1%
Payroll Related Costs (FICA, Workers
Compensation, Health Insurance,
Unemployment, Vacation, Holidays,
Sick Leave & Bonuses)
44.2$
Profit Sharing Plans Contribution
4.4%
Outside Services
5.2%
Office Supplies
8.30
Depreciation and Amortization
6.0%
Automotive
2.2%
Professional Services
1.9%
Occupancy
12.4%
Insurance
3.3%
Telephone
2.5%
Dues and Subscriptions
4.1%
Repairs and Maintenance
3.8%
Travel and Related Expenses
6.8%
Miscellaneous
0.8%
OVERHEAD TOTAL 128%
EXHIBIT "B -2"
HERMAN KIMMEL & ASSOCIATES, INC.
COMPENSATION SUMMARY
DIRECT LABOR
Project Engineer
Project Manager
Staff Engineers
Traffic Technicians
Draftsperson & Aides
Clerical
DIRECT COSTS (Labor)
$19.49/Hr. x 1310 Hours
INDIRECT COSTS (Overhead)
@ 149%
RATE
$ 26.04
23.42
19.95
17.85
13.86
12.92
Weighted Hourly Rate $ 19.49
DIRECT COSTS (Printing & Reproductions)
FEE (Profit)
$63,605 @ 15$
$25,530.00
38,040.00
Subtotal $63,570.00
4,000.00
9,535.00
Total 77,105.00
EXHIBIT "B -2"
HERMAN KIMMEL & ASSOCIATES, INC.
OVERHEAD ANALYSIS
Percent
DIRECT LABOR 100%
OVERHEAD
Indirect Salaries
68%
Payroll Burden
18%
Professional and Consultant Fees
4%
Communications
4%
Occupancy
15%
Supplies
4%
Business Insurance
9%
External Relations
Reproduction
4%
Travel & Subsistence
2%
Auto Expense
8%
Data Processing
4%
Depreciation
7%
Taxes & Licenses
Miscellaneous
2%
OVERHEAD TOTAL 149%
EXHIBIT "B -3"
WOODWARD -CLYDE CONSULTANTS
COMPENSATION SUMMARY
(Including Overhead Analysis)
DIRECT LABOR RATE
Principal
$47.16
Senior Associate
35.55
Associate
31.48
Senior Consultant
38.61
Senior Project
25.54
Project
19.49
Assistant Project
16.78
Senior Staff
14.89
Staff
12.12
Technician
13.69
Technical Typist, Technical Assistant,
IIlustrator, Reproduction
12.02
Office Assistant
9.13
Weighted Hourly Rate $24.00
DIRECT LABOR
$24.00 /Hr. x 385 Hours $9,240.00
LABOR OVERHEAD
@ 146.3%
GENERAL & ADMINISTRATIVE
@ 15,5%
DIRECT COSTS
(Printing & Reproductions)
(Equipment)
FEE (Profit)
@ 15%
13,520.00
Subtotal $ 22,760.00
3,530.00
Subtotal $26,290.00
1,000.00
5,000.00
3,940.00
Total $36,230.00
EXHIBIT "B -4"
LABELLE - MARVIN
COMPENSATION SUMMARY
(Including Overhead Analysis)
DIRECT LABOR
Project Engineer
Engineering Technician
Draftsperson
Clerical
Weighted Hourly Rate
DIRECT COSTS (Labor)
$17.50 /Hr. x 180 Hours
INDIRECT COSTS
Employer Benefits @ 27%
Overhead @ 122.5%
Subtotal
DIRECT COSTS
1"WAJ1 y
$ 26.65
7.27
7.27
10.15
17.50
3,150.00
850.00
3,860.00
7,860.00
Printing & Reproductions 500.00
Equipment & Materials 5,460.00
FEE (Profit)
$7,860 x 15% 1,180.00
TOTAL 15,000.00
EXHIBIT "B -5"
WILLIAM E. YOCOM
COMPENSATION SUMMARY
i
DIRECT LABOR
Principal
Landscape Architect
Irrigation Specialist
Draftsperson
Clerical
Weighted Hourly Rate
DIRECT COSTS (Labor)
$18.66/Hr. x 450 Hours
INDIRECT COSTS (Overhead)
@ 132%
DIRECT COSTS
Printing & Reproductions
FEE (Profit)
$17,350 x 150
Subtotal
TOTAL
0
RATE
$ 25.00
22.00
20.00
16.00
10.00
18.66
8,395.00
11,080.00
19,475.00
500.00
2,920.00
$22,895.00
I
EXHIBIT "B -5"
WILLIAM E. YOCOM
OVERHEAD ANALYSIS
TOTAL 132%
i
Percent
DIRECT LABOR
100%
OVERHEAD
Indirect Salaries
45%
Payroll Burden
19%
Depreciation
1%
Automotive
17%
Occupancy
23%
Insurance
8%
Communications
6%
Reproduction
4%
Promotional
3%
Miscellaneous
2%
Office Supplies
4%
TOTAL 132%
Fi140JECT SCHEDULE
City of Newaort beach
4 . 1
rsr; tire i )12 :01:13 ** 06 -24 -M&
Research, Investication
Geometric Desip_r;
Field Survey & Topo (Aerial)
Field Topo & Survey (Field)
Field Survey & Topo (Potholing)
Soils Work
Pavement investio -ation
Utility Research
Utility Research,Potholino Locations
Right- of-Way Encineerina
Utility base Plan
Sound Nall Exhibits
Sous Wall Design
Drainage (Concept)
Drainage (Final)
Traffic Signals
Lighting_
Signing & Striping- & Detours Concept
Sioning & Striping & Detours (Final)
Landscapinc (Conceots)
Landscaping (Final)
Coordination & Mtcs.W7 Prop. Owners
Roadway Construction Drawings
Construction Specifications
Construction Cost Estimates
CalTrans /City Plan Review
1st Check
Ist Check Revisions
2nd Check
2nd Check Revisions
3rd Check
Final Revisions
EXHIBIT "C" 0
Pacific Coast Highway Widening
Project Mor:Gary Miller
pace 1
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A TTACNMENT A
`7,ober't `BeiQ,`Wi1 am `Frost 6& Associates
May 14, 1966
Mr. Benjamin B. Nolan
Public Works Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
PROFESSIONAL ENVIRONMENTAL ENGINEERS 8 PLANNERS
JN 2167212L9
Subject: Statement of Qualifications for Coast Highway Widening - Newport Bou-
levard to Orange Street
Dear Mr. Nolan:
In accordance with your request of May 7th, Robert Bein, William Frost & Associ-
ates (RBF) is pleased to submit this Statement of Interest and Qualifications
for the preparation of Plans, Specifications and Estimates for the widening of
Coast Highway between Newport Boulevard (State Route 55) and Orange Street, a
distance of approximately 1.7 miles within the City of Newport Beach.
It is our understanding that the City, acting as an agent for Caltrans, intends
to retain a civil engineering consultant with experience in major highway proj-
ects involving Caltrans to complete this project. Our firm has extensive expe-
rience on projects involving Caltrans, including projects for the cities of
Newport Beach, Irvine, San Clemente, Signal Hill and the County of Orange.
In order to respond to your request for qualifications in a concise manner, we
have formatted this submittal to the specific qualifications outlined in your
letter, as follows:
1. License to practice civil engineering in the State of California
RBF is a professional engineering, planning and surveying firm located in
the City of Newport Beach. The firm is a California Corporation with a
staff licensed to practice civil engineering and land surveying. Of our
160 employees, 24 are Registered Civil Engineers in the State of Cali-
fornia, and two are Licensed Land Surveyors.
The Vice President in charge of this project, Mr. Gail Pickart, is a regis-
tered civil engineer. Working with Mr. Pickart on this project will be Mr.
Gary Miller, RCE, as Project Engineer, and Mr. Gene Foster, RCE. All sur-
veying activities will be under the direction of J. Robert Crawford, L.S.,
our Senior Vice President of Surveying.
`Pr JessioiLal Service SiiLce 1944
PO BOX 2590 . 1401 QUAIL STREET. NEWPORT BEACH. CALIFORNIA 92660 • (714, 833 -0070
i
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Mr. Benjamin B. Nolan
May 13, 1986
2.
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3.
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JN 21672/2L9
Page 2
r Laiitornia iaw
RBF has extensive experience in the engineering design and construction
staking of major projects similar to the Coast Highway widening. Specific
examples include:
- MacArthur Boulevard widening, City of Newport Beach
- Coast Highway detour and widening, Laguna Niguel
- Jamboree Boulevard widening, City of Newport Beach
- Coast Highway widening in West Newport, City of Newport Beach
Other examples of our previous project experience are included later in
this qualifications statement under Representative Projects.
in the lavout and desian of hiahwav oro.iects includina aoourte-
Each of the projects mentioned previously involved extensive street and
utility design.
For traffic signal design, we have added the firm of Herman Kimmel and
Associates to our Project Team. Qualifications and resumes of the staff
members involved from this office are included later in this Qualifications
package.
4. Knowledge and experience regarding Caltrans highway design projects
RBF has successfully completed numerous highway design projects requiring
Caltrans approval including:
MacArthur Boulevard widening, City of Newport Beach
San Joaquin Hills Transportation Corridor preliminary design,
County of Orange
- Pacific Coast Highway Detour /Widening, Laguna Niguel
- Sepulveda Boulevard widening, City of El Segundo
University Drive Bridge, City of Newport Beach
- San Miguel /MacArthur Intersection Improvements, City of Newport
Beach
-
Coast Highway Widening in West Newport, City of Newport Beach
5. Experience in the design of drainage improvements
RBF has extensive experience in the completion of drainage studies and
drainage facility design for major road improvement projects. Our team of
trained hydrology and hydraulic engineering specialists has been involved
in large and small scale drainage studies and facility design for numerous
public works projects similar in nature to the proposed Coast Highway
widening.
Mr. Bruce Phillips, RCE, will oversee the preparation of all hydrology and
hydraulic studies completed as a part of this scope of work.
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Mr. Benjamin B. Nolan
May 13, 1986
JN 21672/2L9
Page 3
6. Experience with obtaining and providing soil testing and pavement design
To provide this service as a part of our overall work effort, RBF will uti-
lize the services of Woodward -Clyde Consultants, consulting geotechnical
engineers. Woodward -Clyde has extensive experience in pavement design for
projects of similar scope and magnitude as the Coast Highway project.
Details of the firm's experience and staff qualifications are included
later in this proposal.
7. Experience in coordination with Caltrans design and encroachment permit
personnel
RBF has developed a strong working relationship with Caltrans design and
permit processing personnel that extends over the past ten years. We wel-
come your personal contact of Caltrans staff members regarding our perfor-
mance record.
8. Experience in designing noise and retaining walls
RBF has the staff capability and experience necessary for the design of
noise and retaining walls for the Coast Highway project. Work in this area
will be completed under the direction of Mr. Gene Foster, RCE.
9. Experience i
The numerous projects mentioned in the proceeding paragraphs have given RBF
the necessary expertise to complete the proposals and specifications por-
tion of this project.
10. Experience in preparing landscape plans in median areas
In order to complete this phase of the work, RBF will utilize the services
of William E. Yokum & Associates, licensed landscape architects in the
State of California. Mr. Yokum has worked with RBF on several previous
projects and is familiar with the specific requirements of median landscap-
ing design. Resumes of Mr. Yokum and his staff are included later in this
proposal.
11. Experience in providing surveying for project design
RBF currently maintains eight full time survey crews on staff under the
direction of Bob Crawford, a licensed land surveyor in the State of
California. Our firm has successfully completed the construction surveying
for numerous road improvement projects for the City of Newport Beach, in-
cluding projects involving Caltrans jurisdiction.
The following pages outline our range of services, representative client list,
descriptions of representative projects, and project team resumes for your re-
view and information.
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Mr. Benjamin B. Nolan A 2167212L9
May 13, 1986 Page 4
We look forward to an opportunity to meet with you to discuss our participation
in this project. In the interim, if you have any questions please call Mr. Gail
Pickart, our designated Project Manager for this project or myself.
Thank you for considering RBF to complete this work assignment.
Sincerely,
ko�
S. Robert Kallenbaugh
Senior Vice President
In
enclosures
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Project Soils Engineer
Woodward -Clyde
PROJECT TEAM
Coast Highway Widening
CALTRANS
CITY OF
NEWPORT BEACH
Project Engineer
Gary Miller, RCE
Project Drainage Project Landscape
Engineer Architect
Bruce Phillips, RCE Bill Yokum, ASLA
Vice President In- Charge
Gail Pickart, ACE
Project Traffic
Engineer
Herman Kimmel &
Associates
S 9thw Beiq,-Wjlliam`Fiw LRr`�- crociern
�,7' May 1986 JN 23627
J
IIROBERT BEIN, WILLIAM FROST E ASSOCIATES
{' Background and Experience
I Robert Bein, William Frost 6 Associates is a Southern California pioneer in the
field of environmental engineering, planning and surveying. The company, with
its current staff of over 140 employees, was founded in Orange County in 1944.
The firm has established an outstanding record as a "community engineer" and
celebrated. 40 years of continuous professional service in 1984.
The company offers a diversified range of professional consulting services,
including all aspects of civil engineering, environmental studies, site planning,
subdivision mapping, field surveying, photogrammetry and construction
management. The RBF professional staff has expertise in land use and site
planning, Specific Plan preparation, public works engineering, residential
subdivision design, hotel and commercial development engineering, environmental
impact evaluation and report preparation, water resources engineering, assessment
district engineering, marine engineering, construction management and surveying.
In land planning and design, RBF offers varied and intensive experience with a
staff that can prepare creative designs based on sound engineering design
principles. The company has developed outstanding examples of good community
planning over the past 40 years. Environmental Planning at RBF extends from
initial determination of the initial land use concept, through comprehensive
physical site planning, to the preparation of final engineering plans for grading,
utilities and streets. Projects are designed to create a balance of cost
effectiveness and design creativity in order to integrate the Client's needs with
aesthetically pleasing designs.
RBF has the experience, organizational resources, management capabilities and
inhouse computer support and technical expertise in one centralized office to
provide a complete range of engineering services for almost every type of project.
The RBF office is equipped with state -of- the -art
The engineering services which can
be provided by RBF for public and
privately
of all engineering, planning and surveying assignments.
funded projects include preliminary
feasibility reports; topographic and
boundary
in the fields of
surveys; preliminary and final engineering design; preparation of construction
plans, specifications, estimates and
construction bids; and construction
contract documents; procuring and analyzing
management, including construction staking
and /or inspection services.
The RBF office is equipped with state -of- the -art
computer capabilities
to aid in the
® completion
of all engineering, planning and surveying assignments.
A library of
previously
successful standards is maintained
in the fields of
environmental
studies, development engineering, traffic control, utilities, water supply, and
. waste disposal. An experienced staff is combined with the knowledge and use of
modern computer methods and techniques to achieve the goal of creating
developments which are both aesthetically pleasing and functional in design.
The following written and graphic material is designed to focus on the specific firm
capabilities, previous project experience, and management and technical level staff
1 which RBF can provide to meet your specific needs. We welcome your review of
this introductory information and any opportunity to personally present our
qualifications.
I�
rMAJOR STREETS AND HIGHWAY DESIGN QUALIFICATIONS
(, Robert Bein, William Frost 6 Associates (RBF) provides a wide range of highway
engineering and design services to numerous public agencies and private
developers for the engineering and construction of street and arterial highway
improvements throughout Southern California. RBF's specific highway engineering
capabilities include existing roadway widening design, pavement rehabilitation
analysis, vertical and horizontal alignment studies, bridge design, final highway
Improvement plan design, intersection and interchange design, signing and
striping plans, cost estimates, preparation of specifications and bid documents and
construction survey staking. Additional services include aerial topography and
photography, right -of -way research and acreage calculations, bicycle trail design,
10 provisions for mass transit facilities, construction staking and construction
management.
j RBF's experienced staff of registered civil engineers incorporates the design
i, standards of the jurisdictional agency into the engineering design of new highways
and the widening or realignment of existing roadways to carry projected traffic
(volumes at desired design speeds and levels of service. Our staff maintains an
t ongoing dialogue with local, regional, and state jurisdictional agencies and is
especially familiar with the requirements and procedures of the State Division of
Highways ( Caltrans).
Specific examples of RBF's recent experience in highway engineering include the
following.
1) Street improvement plans for the extension of La Palma Avenue for the
County of Orange.
2) Preliminary and final improvement plans for the widening of El Segundo
Boulevard in the City of El Segundo.
3) Arterial highway improvement plans for the widening of MacArthur
Boulevard, Jamboree Boulevard and Coast Highway in the City of
Newport Beach, including processing with Caltrans.
4) Preliminary and final design for the widening of Avenida Pico in the
City of San Clemente.
5) Arterial highway improvement plans for the extension of Niguel Road
and widening of Coast Highway within the Laguna Niguel Coastal Area.
These are samples of the extensive highway engineering experience that Robert
Bein, William Frost 6 Associates has achieved in the past. RBF is committed to
providing our clients with high quality engineering services in this area of
t expertise with a proven on -time performance record. Robert Bein, William Frost 6
{' Associates also recognizes the need for cost - efficient highway design and is re-
sponding with computer -aided engineering solutions developed from years or
experience.
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GOVERNMENTAL PROCESSING QUALIFICATIONS
Robert Bein, William Frost E Associates (RBF) provides complete services for all
phases of governmental processing from initial plan submittals to construction
permit applications.
RBF's area of expertise in the processing of projects through governmental
agencies includes the following specific actions:
1) General Plan Amendment and Zone Change Applications
2) Specific and Area Plans
3) Conditional Use Permits and Variances
4) Tentative Parcel and Subdivision Maps
5) Lot Line Adjustments
6) Rough and Precise Grading Permits
7) Street Improvement Plans and Encroachment Permits
8) Final Subdivision and Parcel Maps
9) Building Permits
RBF has had experience in processing of projects with City, County, State, and
Federal agencies, in California as well as other states.
RBF's governmental processing team utilizes staff members experienced in
governmental relations, many with years of personal experience as governmental
® agency employees, to facilitate effective communication with staff members at all
levels. The Company's personal approach to governmental processing has earned
a high reputation with every agency it has dealt with.
The RBF processing team is backed by an experienced and strong graphics team
and research team that utilizes the most up -to -date and innovative methods of
presentation.
RBF has a history of processing and receiving approval of difficult and
controversial projects in a professional manner.
RBF's clients in the governmental processing area include not only private
developers, but also architects, planners and other professionals with particular
processing needs. In numerous instances, RBF has served public agencies as an
extension of their own staff to prepare staff reports, review developer proposals,
and provide support materials.
This wide range of governmental processing experience has given Robert Bein,
William Frost S Associates the tools necessary to complete even the most difficult
processing task in an effective and professional manner for final action by the
jurisdictional agency.
F
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IFLOOD CONTROL AND DRAINAGE FACILITY DESIGN QUALIFICATIONS
+� Robert Bein, William Frost E Associates (RBF) has designed storm drainage and
( flood control facilities for public agencies and private developers throughout
Southern California. RBF's specific drainage design capabilities include the
preparation of storm drain master plans, sedimentation studies, engineering and
economic feasibility studies, concept through construction drawings for storm
drain pipelines, earthen dams and spillways, flood control channels, retention
basins, drainage pump stations, and construction survey stakings. RBF has been
a leader in the reclamation of low -lying flood prone areas by designing appropriate
flood protection facilities.
Our office utilizes the latest in computer programs
available
on our in -house
computer system
for the completion of all design
projects.
Our computer
currently has on
file programs for flood plain mapping
(HEC -2),
pipe and channel
hydraulic analysis, dam breach analysis, hydrology calculations, drainage master
planning, structural design programs for reinforced concrete pipe and rectangular
channels, and cost estimating.
RBF drainage facility design projects currently underway include the master
planning and engineering design of major systems throughout Southern California.
Specific examples of RBF's recent flood control experience include the following
projects:
1) Preparation of a master plan of drainage and facility design, including
the design of 8,000 lineal feet of case -in -place pipe (up to 120 inches in
diameter) and a greenbelt channel with riprap drop structures, for the
4,000 -acre Salt Creek Watershed terminating at the Laguna Niguel
Coastal Area, within Southern Orange county.
2) Preparation of Construction Plans and Specifications for one mile of
28 -foot wide reinforced concrete rectangular channel for the Orange
j County Flood Control District's Moody Creek Facility within the City of
La Palma.
3) Preparation of the drainage master plan and construction drawings for
13,000 lineal feet of storm drain (8 -inch to 108 inches in diameter), a 56
acre -foot detention basin and a drainage pump station and force main
with three 250- horsepower engines for the Hughes Aircraft Company site
in the City of El Segundo.
4) Flood Plain studies and final design of levee improvements for the 3
miles of the Santa Ana River (design discharge of 48,000 cfs) adjacent
to the Lomas de Yorba development (Bryant Ranch), including
sedimentation analysis, HEC -2 hydraulic analysis, levee revetment design
and wildlife habitat management study to remove 200 acres of land from
flood hazard in the City of Yorba Linda. The project received
approvals from the United States Corps of Engineers, the Orange
County Flood Control District, the U.S. Fish and Wildlife Service, the
California State Department of Fish and Game, the California Regional
Water Quality Control Board and the City of Yorba Linda.
RBF has long recognized the need for cost - efficient engineering design of
drainage facilities and has responded with innovative design and construction
drawings that are not only timely in their completion, but also cost - conscious in
their design requirements.
11
iiPUBLIC WORKS ENGINEERING QUALIFICATIONS
IfRobert Bein, William Frost & Associates (RBF) has completed numerous projects
for public agencies related to streets, utilities, flood control, bridges and public
facility site development. Projects successfully completed by RBF have included
Ifservices from the preliminary feasibility /project report stage to the preparation of
final improvement plans, specifications and construction staking and construction
management.
Many of RBF's experienced staff of Registered Civil Engineers, Licensed Land
Surveyors, designers and draftsmen have had the benefit of long careers with
various public agencies prior to joining the RBF team. This background has
proven invaluable in the early identification of the needs of each of our public
agency clients and created the ability for RBF to respond with the appropriate
level of detail and cost saving design solutions.
RBF also provides a strong understanding of the need for time and budget
efficiency created in part by years of experience in working on privately financed
projects throughout Southern California.
Specific municipalities which have chosen to utilize RBF's services to meet their
engineering requirements in the past include the Cities of Costa Mesa, El
Segundo, Irvine, Laguna Beach, Signal Hill and Newport Beach, to name a few.
RBF has also provided engineering and surveying services to a wide range of
other public agencies including the County of Orange, U.S. Department of the
Navy, University of California at Irvine, Coast Community College District, the
Santa Margarita Water District and numerous other public service agencies.
Specific public works engineering projects recently completed or currently
underway include the following:
t) Engineering and surveying services for various street and utility
reconstruction projects under a capital improvement and redevelopment
program for the City of Signal Hill.
2) Final engineering for the widening and restriping of Jamboree Road for
the City of Newport Beach Public Works Department.
3) Engineering design services for the U.S. Marine Corps Air Stations at
El Toro and Camp Pendleton.
4) Preparation of composite utility plans based on field verification for the
U.S. Navy Fuel Depot in San Pedro, California.
5) Engineering design of the Bolsa Chica and Talbert Valley Flood Control
Channel improvements in the City of Huntington Beach, for the County
of Orange Environmental Management Agency.
RBF provides each of its clients with an experienced design team that provides
personal attention to the clients specific needs to complete each assignment in a
timely and cost - efficient manner.
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CONSTRUCTION SURVEYING CAPABILITIES
Depending upon the individual client requirements, RBF can provide profession-
al surveying services for every phase of a specific project with the benefit of
years of diversified experience in field surveying, geodetic surveying, land and
i� boundary surveying, field and aerial topographic mapping, hydrographic sur-
veying, and all aspects of construction staking.
RBF survey personnel are equipped with the most modern survey instrumenta-
tion including the latest electronic distance meters and computers, vehicles, and
means of communication to efficiently complete any project assignment, under
the supervision of licensed land surveyors.
Specific surveying services provided by RBF include the following:
1) Topographic and Hydrographic Surveys
2) Lot Surveys
3) A.L.T.A. Surveys
4) Boundary Surveys
5) Triangulation Surveys
6) Aerial Ground Control and Profiles
7) Construction Staking
8) Final Monumentation
9) Settlement Monitoring
10) High Rise Building Control
This wide range of surveying services, along with a survey team that averages
fifteen years of experience, has given Robert Bein, William Frost 6 Associates
the ability to complete even the most challenging surveying assignment in a cost
and time efficient manner.
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WILLIAM E. YOCOM & ASSOCIATES is a firm of registered landscape architects
and support staff practicing as a collaborative team. Principal members
Bill Yocom, Bob Borthwick and Bob Graves have had extensive experience with
leading Southern California firms, thus providing a broad spectrum of environ-
mental design capabilities.
As Director of Landscape Architecture for a large engineering firm from 1973
to 1976, Bill was responsible for the design and construction documents for
numerous public works projects, including streetscapes, roadway medians, and
community parks.
Recent projects (in association with Bob Graves and Bob Borthwick) have
included Fair Drive streetscape improvements and Mesa Verde Drive street -
scape improvements for the City of Costa Mesa Department of Leisure Services.
Bill Yocom will serve as principal -in- charge and Project Manager for this
project. Bob Borthwick will provide additional support for preparation of
construction documents. Art Guy will be the irrigation designer.
Refer to individual resumes (following) for additional background information.
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2192 dupont drive suite 216
irvine, cr.tifernia 92715
�� (714( 553-1014
landscape architect
1,
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WILLIAM E. YOCOM & ASSOCIATES is a firm of registered landscape architects
and support staff practicing as a collaborative team. Principal members
Bill Yocom, Bob Borthwick and Bob Graves have had extensive experience with
leading Southern California firms, thus providing a broad spectrum of environ-
mental design capabilities.
As Director of Landscape Architecture for a large engineering firm from 1973
to 1976, Bill was responsible for the design and construction documents for
numerous public works projects, including streetscapes, roadway medians, and
community parks.
Recent projects (in association with Bob Graves and Bob Borthwick) have
included Fair Drive streetscape improvements and Mesa Verde Drive street -
scape improvements for the City of Costa Mesa Department of Leisure Services.
Bill Yocom will serve as principal -in- charge and Project Manager for this
project. Bob Borthwick will provide additional support for preparation of
construction documents. Art Guy will be the irrigation designer.
Refer to individual resumes (following) for additional background information.
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2192 dupont drive suite 216
irvine, cr.tifernia 92715
�� (714( 553-1014
TRAFFIC ENGINEERING
erman CONSULTANTS
immel and Associates. Inc.
3300 IRVINE AVENUE. SUITE 180. NEWPORT BEACH. CA 92660
17141852-6616
The firm of Herman Kimmel & Associates, Inc. has
17 years of experience and an oustanding reputation
in the Traffic Engineering consulting firm. The
firm, founded by Herman Kimmel in 1968, was expanded
and incorporated in 1980 to include H. William
® Dickson and later R. Paul Grimm. The corporate
offices of Herman Kimmel & Associates are located in
Newport Beach, California.
I
Principals of Herman Kimmel & Associates, Inc., as
well as other senior staff, are professional
engineers in the fields of Traffic and /or Civil
Engineering. All members of the firm have extensive
® project experience with municipal, county and state
agencies as well as private clients.
Each project of Herman Kimmel & Associates is
' managed by one of the firm's three principals,
Mr. Kimmel, Mr. Dickson or Mr. Grimm. Assisting
the principals with technical supervision and
support are Mr. Joe De Remer, Mr. Lew Gluesing,
Mr. Ed Granzow and Mr. Gary Tolmie. Mr. De Remer
and Mr. Granzow are registered Traffic Engineers.
Professional resumes of the individuals mentioned
' above are included in Appendix one, "Professional
Resumes ".
®
Herman Kimmel & Associates provides high quality
consulting services in the following fields:
o Traffic and Transportation Engineering
Studies
Traffic Control
o
1
o Traffic Signal Systems
o Traffic Signal Design
'
o Street Lighting
These services are discussed in detail in Appendix
Two, "Technical Services ".
Herman Kimmel & Associates, Inc. has undertaken
consulting projects for numerous private clients
including real estate developers, engineering
firms, manufacturing companies, and for more than
40 Southern California cities, counties and trans-
portation authorities. A listing of representative
clients is included as Attachment Three.
Herman Kimmel & Associates, Inc. maintains one -half
million dollars of Professional Liability insurance,
as well as one -half million dollars of Comprehensive
General Liability insurance. The carrier is the
R. D. Crowell Insurance Company.
Herman Kimmel & Associates, Inc. has maintained a
high level of professional stability by supporting
continuing technical education for its engineers.
This assures clients the benefit of the most recent
improvements and methods available in this field.
P
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ITRAFFIC SIGNAL DESIGN
Herman Kimmel & Associates, Inc. has a working knowledge of
the latest theory and application of the functional capabili-
ties of traffic signal controls.
The goal of Herman Kimmel & Associates is to provide optimum
efficiency and safety of traffic flow at intersections and in
roadway networks. Herman Kimmel & Associates does this
through the use of appropriate traffic signal equipment,
timing plans, geometric design, and understanding of the
traffic flow characteristics of the intersection.
The experienced traffic engineers of Herman Kimmel &
Associates will prepare traffic signal designs with knowledge
of the latest developments in micro - processor and
mini - computer technology, and highway safety lighting design
based on current Illuminating Engineering Society guidelines.
Traffic Signal design for various agencies and private
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developers is one of Herman
Kimmel
& Associates's primary
services, providing an average of
100 or more individual
traffic signal intersection
ten
designs
annually. In the last
years, an estimated 1,000
signals
and 12 master computer
coordinated systems have been designed by Herman Kimmel &
Associates.
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ITRAFFIC SIGNAL SYSTEMS
(' The primary objective of a coordinated traffic signal system
is to achieve smooth, safe and orderly traffic flow along a
!, major arterial (or arterials) . A coordinated system will
j minimize delays (reduce travel time) , which in turn will
reduce air pollution and fuel consumption. Cost- effective-
ness of obtaining the primary objective is a key criteria in
the design of any system, sine costs of master control equip-
ment increase with the capability desired.
Herman Kimmel & Associates has been involved in the prepara-
tion of studies of city -wide master coordination that include
In analyzing the needs and system availability, consideration
is given to several elements. They include: transportation
characteristics, objectives of the system, existing systems
resources (including communication ability), and existing
personnel and budget resources required for maintaining and
operating a traffic control system.
In addition to a systems ability to coordinate traffic flow
into a comprehensive progression, other factors become
important in considering a city -wide system application.
These factors include:
1. Crossing arterial and /or network coordination.
f2. System program selection based on traffic volumes.
3. Monitoring of system operation.
4. Monitoring of intersection operation.
5. Manual program selection from the master.
' 6. operational report generation.
7. Efficiency of operator interface.
comparative
analysis of
alternate methods to coordinate
signalized
intersections
and identify objective operational
improvements
that could be
accomplished.
In analyzing the needs and system availability, consideration
is given to several elements. They include: transportation
characteristics, objectives of the system, existing systems
resources (including communication ability), and existing
personnel and budget resources required for maintaining and
operating a traffic control system.
In addition to a systems ability to coordinate traffic flow
into a comprehensive progression, other factors become
important in considering a city -wide system application.
These factors include:
1. Crossing arterial and /or network coordination.
f2. System program selection based on traffic volumes.
3. Monitoring of system operation.
4. Monitoring of intersection operation.
5. Manual program selection from the master.
' 6. operational report generation.
7. Efficiency of operator interface.
1!
1' TRAFFIC & TRANSPORTATION ENGINEERING STUDIES
1' The extensive experience of Herman Kimmel & Associates Inc.
assures an in -depth analysis and study sufficient to meet the
requirements of any public agency.
Studies utilizing existing facts, accurate estimates, and
proper analysis are required to accurately portray possible
future traffic problems. This type of analysis is necessary
to provide information to those seeking solutions to traffic
problems generated by future growth.
Traffic, whether it be from a residential area, planned
community, shopping center, industrial park, or future
highway, will affect the transportation circulation system.
It is essential that the extent of this effect be analyzed.
Consideration must be given, not only to the effect of one
particular area segment, but also to the consequence in the
surrounding area of total development. Therefore, the study
should analyze all aspects and possible measures to mitigate
any adverse impacts.
Herman Kimmel & Associates, Inc. emphasizes traffic planning
and design techniques to satisfy the requirements of a study
site's traffic while minimizing the impact on non -site
traffic. This is accomplished by utilizing any or all of the
following external study site traffic analysis. Such an
analysis includes:
1. Traffic generation
t 2. Directional distribution of traffic
3. Access design criteria
4. Traffic signal considerations
5. Adjacent land access needs
6. Impact on existing streets
7. Evaluation of alternate designs
8. Intersection capacity utilization
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Some form of public lighting is essential to integrate the
]' community and protect and enhance public areas: streets,
1 alleys, parks, and principal gathering places.
' Herman Kimmel & Associates, traffic engineers have the
knowledge and experience necessary to prepare lighting plans
and calculations for new streets, subdivisions, or just
conversion to more efficient lights.
The present trend is to use the long -life high efficiency
high pressure sodium vapor lamp as the basic tool for lighting
streets.
IA well balanced comprehensive street lighting plan is
required. Each element of the street lighting system must be
classified. Illumination levels to suit each must be
designed, consistent with the requirements of city growth,
traffic engineering, incidence of crime, shoppers, civic
pride, and beauty. Herman Kimmel & Associates, Inc. has the
ability to provide the plans necessary to achieve these
goals.
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TRAFFIC CONTROL
Problems of traffic control occur when traffic must be moved
through or around road (street) construction, due to realign-
ment, widening, other modifications, and utility work. No
one standard sequence of signs, street markings, or other
control devices can be set up for all situations, due to the
variety of conditions encountered.
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Herman Kimmel & Associates, Inc. has the expertise and
experience necessary for preparation of detour plans, traffic
control plans, and final signing and striping plans.
Although each situation must be dealt with individually,
conformity with provisions established by the State of
California Department of Transportation is necessary. The
protection of the traveling public and the workmen on the
' scene will dictate the measures to be taken consistent with
the general principles set forth in the Department of
' Transportation Traffic Manual.
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REPRESENTATIVE PROJECTS
MacArthur Boulevard Widening, Newport Beach, California — 1981. RBF
prepared the engineering plans and provided construction surveying for con-
struction of three separate reaches of MacArthur Boulevard, a major arterial
highway, requiring widening and pavement overlay, including striping and
signing plans, detour plans and coordination and processing �with �Caltrans.
—/may 9�i8vt `Belq.�WJliem`HOSt � `�icvociehs
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Avenida Pico Widening, San Clemente, California -1981. Widening of Avenida
Pico at the San Diego Freeway was necessary to allow for future traffic needs
as the "Back Country" of San Clemente develops. RBF prepared the prelim-
inary and final engineering drawings, striping and detour plans for these
improvements and successfully processed all plans with the City of San
Clemente and Caltrans.
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REPRESENTATIVE PROJECTS
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Sepulveda Boulevard Widening Study, City of El Segundo. R BF provided
transportation planning services to the City of El Segundo for the preliminary
design of the widening of Sepulveda Boulevard. Specific work items included
an on -site photographic study, research of relevant state laws, and delineation
of traffic islands and lane striping.
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Woodward-Clyde Consultants
EXPERIENCE WITH PAVELEM DESIGN AND EVALUATION
PR03EUf
LOCATION
PROJECT DESCRIPTION
AIRCRAFT NOISE
Pavement design recommendations
SUPPRESSOR STUDIES
and foundation engineering.
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El Toro MCAS
AIR FORCE PLANT 42
Development of optimum pavement
Palmdale
system to support one million -pound
design aircraft. Used elastic- layered
theory and computer- assisted solution of
stress and deformation of existing
pavements.
IMA HANGAR, ENGINEERING
Foundation engineering and pavement
MAINTENANCE, ARMAMENT,
design.
AND AVIONICS BUILDING
Camp Pendleton
KOREAN AIRLINES
Subgrade evaluation for pavement design.
HANGAR AND PAVEMENT
Los Angeles International
Airport
LINDBERGH FIELD PAVEMENTS
Development of limiting design criteria
San Diego
for anticipated traffic on portland cement
concrete runway constructed during WW
MAINTENANCE HANGAR
Il.
Pavement design and foundation
North Island Naval
engineering.
Air Station, San Diego
MCDONNELL DOUGLAS
Design of concrete pavement using
PARKING FACILITY AND
HANGAR
Portland cement for DC10 parking
structure and hangar.
Long Beach Airport
MOFFATT FIELD RUNWAY
Evaluation modeling the effect of P -3
Moffatt Field
aircraft traffic on asphalt concrete
runway to establish required thickness of
overlay.
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Woodward-Clyde Consultants
EXPERIENCE WITH PAVEMENT DESIGN AND EVALUATION
Page 2
NEW PARKING APRONS
El Toro MCAS
OAKLAND INTERNATIONAL
AIRPORT
Oakland
SAN FRANCISCO
INTERNATIONAL
AIRPORT RUNWAYS
San Francisco
TRAVIS AIR FORCE
BASE CARGO FACILITY
Travis Air Force Base
Soil investigation including evaluation
of three test strips and plate bearing
tests.
Evaluation of all runways, taxiways, and
aprons for requirements of increasing
numbers and weight of aircraft.
Evaluation of all runway and taxiway
pavements for capability of handling
expected wide -body jet aircraft. Involved
condition surveys, deflection measure-
ment, and sampling of existing pavements
of widely varying age and condition.
Limiting criteria were developed, in terms
of deflection and stress, to determine
structural capacity and to serve as basis
for future designs.
Design of portland cement concrete
taxiway and hardstand for C5 -A aircraft
as part of improvements to hazardous
cargo facility.
Woodward-Clyde Consultants
PROJECT: Santiago Pipeline
CLIENT: James M. Montgomery Engineers
LOCATION:
PERFORMANCE PERIOD:
ASSIGNMENT:
Orange County
1985 to 1986
Geotechnical Investigation for
Pipeline
Woodward -Clyde Consultants performed a geotechnical investi-
gation for a 66 -inch diameter pipeline and a 200 CFS pump
station. The pipeline alignment is located in the streets
of the cities of Villa Park. and Orange, in the right -of -way
of the Orange County Water District. Field investigations
required coordination between electric companies, water and
sanitation districts, gas companies, and cable television
companies.
Woodward-Clyde Consultants
PROJECT: Green Acres Pipeline
CLIENT: Culp /Wesner /Culp
LOCATION: Orange County
PERFORMANCE PERIOD: 1983 to 1984
ASSIGNMENT: Geotechnical Investigation for
Pipeline
Woodward -Clyde Consultants performed a geotechnical
investigation for a 12- to 30 -inch diameter pipeline for
treated wastewater.
The pipeline is located in the right -of -way of the cities of
Fountain Valley, Huntington Beach, and Costa Mesa.
Field investigations required coordination between utility
companies and cities to locate underground utilities.
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ROBERT BEIN, WILLIAM FROST & ASSOCIATES
Representative Clients
Private Clients
The Baker Group
Balboa Bay Club
Bank of Newport
Barratt- American
Barratt- Irvine
Beeco, Ltd.
Birtcher
Broadmoor Homes
The Burgess Company
C.J. Segerstrom & Sons
C.L. Peck
California Pacific Properties
Campeau Corporation California
Carma - Sandling Group
Century American Builders/ Developers
Coto de Caza Development Corporation
Cove Development Company
Coyote Creek Homeowners Association
Crocker National Bank
Daon Corporation
DeAnza Corporation
Diocese of Orange, Roman Catholic
Church
Donald L. Bren Company
Eagle Development Company
Emkay Development Company
Ficker & Ruffing Architects
Ford Aeronutronic Division
Fountain Valley Medical Development
Company
Hoag Memorial Hospital Presbyterian
Holstein Industries
Hughes Aircraft Company
Huntington_ Beach Convalescent
Hospital
Irvine Pacific Development Company
J.D. Stout Company
J.M. Peters Company
John D. Lusk & Son
Kaiser Development
Langdon & Wilson, Architects
McLain Enterprises
Mission Viejo Company
Morrison Knudson Company
Newport Development Company
Orange County Performing Arts Center
Pacific Mutual
Pacific View Memorial Park
Presley of Southern California
Prudential Insurance Company of
America
Rancho Mission Viejo
Roger's Gardens
Robert H. Schuller Televangelism
Association
Rolly Pulaski & Partners
South Coast Plaza
St. Paul's Greek Orthodox Church
Stein Brief Group
The Irvine Company
The Koll Company
The Konwiser Corporation
The Warmington Group
The Woodward Companies
Two Town Center Associates
William Blurock & Partners
Woodcrest Development
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ROBERT REIN, WILLIAM FROST & ASSOCIATES
Representative Clients
Public Agencies
City of Anaheim
City of Costa Mesa
City of El Segundo
City of Fountain Valley
City of Irvine
City of Laguna Beach
City of Lakewood
City of Newport Beach
City of Orange
City of Santa Ana
City of San Clemente
City of Signal Hill
City of Tustin
City of Westminster
County of Los Angeles
County of Orange
County of San Bernardino
Coast Community College District
Girl Scout Council of Orange County
Irvine Ranch Water District
Laguna Beach County Water District
Municipal Water District of Orange County
Orange County Council of Boy Scouts of America
Pico Water District
Santa Margarita Water District
Santiago County Water District
University of California, Irvine
U.S. Department of the Navy
U.S. Marine Corps - Camp Pendleton
U.S. Marine Corps - El Toro
Yorba Linda County Water District
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ROBERT W. BEIN
President
EXPERIENCE: Currently serving as President and Chief Executive Officer
of Robert Bein, William Frost E Associates, Mr. Bein has
over twenty -six years of professional engineering
U experience. Prior to joining RBF in 1962, Mr. Bein served
with the U.S. Navy, and was on the engineering staff of
Los Angeles County and The Irvine Company.
EDUCATION: B.S., Civil Engineering, University of Illinois, Graduate
Studies in Civil Engineering, University of Illinois
REGISTRATION: Registered Civil Engineer licensed to practice in twelve
states including California, Arizona, Colorado, Florida,
Hawaii, Illinois, Nevada, New Mexico, Oregon, Texas,
Washington and Wyoming.
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PROFESSIONAL ACCOMPLISHMENTS:
Past President of the Orange County Chapter of the
California Council of Civil Engineers and Land
Surveyors
Member of the State Board of Directors of the California
Council of Civil Engineers and Land Surveyors
State President of the California Council of Civil Engineers
and Land Surveyors
Chairman of the Civil Engineering Technical Advisory
Committee to the State of California Board of
Professional Registration
Chairman, Orange County EMA Hydrology Manual Study
Committee
Chairman, Orange County Professional Liaison Committee
Member, Board of Governors Southern California Association
of Civil Engineers and Land Surveyors
Chairman of the University of California at Irvine
Management Certificate Program
Chairman of the Policy and Procedures and Bylaws
Committee at the American Society of Civil Engineers
OTHER PROFESSIONAL AFFILIATIONS:
{�
Member,
Member,
American Society of Civil Engineers
National Society of Professional Engineers
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Member,
California
Society of Professional Engineers
Member,
American
Water Works Association
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National
Honorary
Civil Engineering Fraternities of Chi
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Epsilon,
Tau
Beta Pi, and Sigma Tau
HONORS AND AWARDS:
American Society of Civil Engineers - Orange County
Branch "Engineer of the Year" - 1985
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IGAIL P. PICKART
Vice President
Civil Engineering
EXPERIENCE:
Gail P. Pickart is a Registered Civil Engineer in the State
of California, as well as being an attorney and a member of
the State Bar of California. His professional experience
spanning over twenty years includes active military service
in the U.S. Navy Civil Engineer Corps, ten years on the
City Newport Beach,
engineering staff at the of engineering
design and project management with a private civil
engineering consulting firm, and project management and
administration with Presley of Southern California, a major
land developer and residential home builder. During those
periods of employment, Mr. Pickart was involved in the
project management and engineering design of major
residential, commercial, and industrial developments and
gained extensive experience in construction of all types of
public and site development improvements: grading, streets,
storm drains, sanitary sewers, water supply, street
lighting, and other utilities. At RBF, he has the
responsibility for the management of major engineering
•
projects such as the Fashion Island Renaissance and Four
Seasons Hotel in Newport Center, and the Orange County
.
Performing Arts Center and Regent Hotel near South Coast
Plaza. Mr. Pickart also has the responsibility for handling
assessment district projects where his combined engineering
and legal capabilities provide a unique and valuable asset
for project administration because of the strict statutory
procedures to be followed as well as the many other
associated legal ramifications.
EDUCATION:
B.S., Civil Engineering, South Dakota State University
M.S., Civil Engineering, California State University at Long
Beach
Juris Doctorate, Pepperdine University School of Law
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IfGARY L. MILLER
Director
Public Works Engineering
EXPERIENCE: Gary Miller is a Registered Civil Engineer in the State of Cali -
fornia with a total of 13 years of civil engineering experience,
Including 8 years with Los Angeles and Orange County munic-
ipalities and 5 years within the private sector of engineering.
As a part of RBF's engineering task force, he is responsible for
the management and preparation of improvement plans, project
reports, and quantity and cost estimates for street improvement
projects. As a Project Engineer /Manager for several public
agencies, Mr. Miller's responsibilities included assigning and
supervising the preparation of plans, fiscal year project bud-
, gets, specifications, cost estimates, contract administration and
>� scheduling for a variety of projects from conception through
Council acceptance. Additionally, Mr. Miller provided Interde-
partmental and interagency project coordination while working
closely with contractors, inspectors, field engineers and, the
general public throughout the course of the project. While
employed with the private sector, his responsibilities included
supervision and administration of a variety of residential and
commercial subdivisions and public works projects involving
preparation of tentative and final parcel maps and tract maps,
condominium and street improvement plans, onsite. grading, sewer
and water system plans, hydrology and hydraulic studies for
storm drainage systems. Mr. Miller's most recent projects in-
clude roadway and drainage improvements to reconstruct Whittier
Boulevard for the Los Angeles County Road Department; the
following City of Signal Hill Projects. Redondo Avenue widening
and realignment, Gardena Avenue widening, and Panorama
Drive /23rd Street Loop realignment; and Ortega Highway widen-
ing and realignment for the Santa Margarita Water District.
EDUCATION: B.S. Civil Engineering, California State University, Long Beach
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y' JAMES ROBERT CRAWFORD
,i Senior Vice President
Surveying
1 ,■ EXPERIENCE: James R. Crawford is a Registered Land Surveyor in the
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il�•' State of California, and has had over twelve years of
experience in all facets of land surveying, including direct
field experience as a party chief, offsite technical analysis,
1 and the management and administration of the RBF survey
staff. Mr. Crawford has been associated with RBF since
1972. He has a working survey knowledge of many areas of
Southern California, including the coastal area, lower
deserts, and Orange, Los Angeles, Riverside and San
Bernardino Counties. For several years he managed a
branch RBF surveying office in Colorado, including hiring
and instructing of personnel. He is now responsible for
managing all RBF survey crews.
EDUCATION: Graduate of California Joint Apprenticeship for Surveyors
U.C.L.A. Extension Courses
California Land Surveyors Legal Seminar
PROFESSIONAL AFFILIATIONS:
American Congress of Surveying and Mapping
American Society of Photogrammetry
California Land Surveyors Association
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% S. ROBERT KALLENBAUGH
Senior Vice President
Civil Engineering
EXPERIENCE: Robert Kallenbaugh is a Registered Civil Engineer in the
State of California with considerable experience in the
management of engineering planning and design for
residential and commercial developments, highway design
and flood control planning and design. At RBF, he
supervises a staff of 50 professional engineers and support
personnel in the departmental areas of Land Development
Engineering, Engineering Planning, Subdivision Engineering
and Public Works Engineering. He is responsible for
assigning members to project teams, project scheduling,
presentation of projects to governing agencies and technical
review of projects ranging from engineering planning
studies to construction plans. He monitors project budgets
to insure that clients are always aware of their contractural
obligations and projects are efficiently engineered. Mr.
Kallenbaugh has had extensive experience in the detailed
design of drainage and flood control projects throughout
Southern California. Prior to joining RBF, he was employed
by the Los Angeles Department of Water and Power and the
Orange County Flood Control District.
EDUCATION: B.S., Civil Engineering, California State PolyTechnic
University, Pomona
M.S., Civil Engineering, Stanford University
PROFESSIONAL AFFILIATIONS:
Member, American Society of Civil Engineers
Member, National Honor Fraternity of Tau Beta Pi & Phi
Kappa Phi
Member, American Water Resources Association
Orange County Engineers Club
Member, Home Builders Council, Building Industry
Association
Chairman, Orange County Hydrology Manual Review
Subcommittee /Technical Advisory Committee
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JOHN RICHARDS
Director
Special Projects
EXPERIENCE: John Richards has over 22 years of experience in urban
planning administration with governmental agencies and
private consulting firms. He spent nine years with the
City of Santa Ana, California, Planning Department as
division head of the Current Planning Division prior to
joining RBF in 1978. His experience includes planning and
implementation of residential, commercial and industrial
projects. He served as Environmental Evaluator for the
City In Its compliance with the California Environmental
Quality Act. John has had extensive experience in
presentation of both public and private projects to Planning
Commissions, Councils and Boards in various cities and
counties in Southern California. His current responsibilities
Include the supervision and administration of a staff of
planning professionals and support personnel. in addition,
he Is responsible for the establishment of project
coordination and processing for governmental action.
EDUCATION: A.A., Pre -Law, Orange Coast College
B.S., Public Administration, California State University,
Long Beach
Certificate in Urban Planning, University of California,
Irvine
Graduate Studies in Urban and Regional Planning at the
University of California, Irvine and U.C.L.A.
PROFESSIONAL AFFILIATIONS:
Charter Member, American Planning Association
Contributing Member, American Academy of Political and
Social Science
Charter Member, Institute for Urban Design
Contributing Member, Academy of Political Science
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Woodward-Clyde Consultants
University of California, Berkeley: M.S., Geotechnical Engineering, 1966
University of California, Berkeley: B.S., Structural Engineering, 1964
1 JOHN A. BARNEICH
project management
q!
soil and rock mechanics
1
foundation dynamics
earthquake engineering
i♦
hazardous waste
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EDUCATION
University of California, Berkeley: M.S., Geotechnical Engineering, 1966
University of California, Berkeley: B.S., Structural Engineering, 1964
REGISTRATION
Civil Engineer. California
PROFESSIONAL HISTORY
Woodward -Clyde Consultants, Laboratory and Project Engineer to Associate and Vice
President, 1963 -date
U.S. Forest Service and City of Alameda, Engineering Aide, 1961 -1963
REPRESENTATIVE EXPERIENCE
Mr. Barneich has over 20 years of experience in geotechnical engineering, extending from
field and laboratory work to project management. He has supervised geotechnical and
foundation investigations for blast effects on hard rock missile silos, instrumentation,
and design parameters for a very large underground oil shale retort chamber including
blast effects; seismic effects on offshore conduits, pipelines, and transmission line
towers; multi -story buildings; earth and concrete dams; and several nuclear power plant
projects, including the San Onofre, Cooper, Braidwood, and Clinton nuclear generating
stations. These assignments have involved soil - structure interaction studies, liquefaction
potential of soils, seismic hazard considerations, slope stability, the development of
seismic design criteria for structures and the investigation of hazardous waste sites
including sanitary landfills. On specific assignments, he has been project manager for
the seismic evaluation of the Chatsworth, Silverlake, Big Dalton, San Dimas, Live Oak,
Santiago Creek Dams, Eaton Wash and Dry Canyon Dams, and the proposed new Olive
View Hospital. Mr. Barneich has managed multidisciplinary studies involving geotech-
nical, geologic, environmental and structural engineering disciplines on projects including
a seismic land -use planning study for 200 square miles of Los Angeles County and a
seismic risk study for a proposed geothermal plant in the Geyser area, Sonoma County,
California. He has also been responsible for the earthquake engineering aspect of several
other seismic hazard evaluations; these have included the seismic elements for the cities
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of San Fernando, Long Beach, Newport Beach, and Irvine, a detailed investigation of a
major freeway interchange near Oxnard, California, Elk Hills pipeline and isolated ele-
ments of the Alyeska pipeline. He has consulted on construction blast effects on existing
structures including Guri Dam and underground structures in Venezuela and freeway
construction blasting near two historic structures (designated as historic monuments) in
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Monterey, California and on blast effects on the Alyeska pipeline.
JAB 5 -93111
IWoodward-Clyde Consultants
D
JOHN A. BARNEICH page 2
Mr. Barneich is presently responsible for several machine foundation and vibration moni-
toring projects (including construction blasting and traffic noise), and for WCC's on -going
geotechnically related (geology, seismology, and earthquake engineering) work for the
San Onofre Nuclear Waste Generating Station. In addition, he is in charge of and respon-
sible for the development of WCC's Soil and Rock Materials testing facilities. He is also
responsible for hazardous waste projects in the southern California area.
Mr. Barneich's earlier experience included the design, supervision, and analysis of labora-
tory and field projects dealing with such things as dynamic loading, high -speed penetra-
tion of the earth by terraballistic projectiles, frozen -earth (cryogenic) problems,:
together with the coordination -of the dynamic laboratory testing program completed for
BART in San Francisco.
AFFILIATIONS
American Society of Civil Engineers, Past Chairman of the Los Angeles Section Energy
Technical Group
Earthquake Engineering Research Institute
Seismological Society of America
Structural Engineers Association of Southern California
PUBLICATIONS
Mr. Barneich has several publications to his credit, including several on foundation dy-
namics and geotechnical investigation of sanitary landfills.
Seismic analysis of building foundations. BSCE -ASCE Geotechnical Lecture Series on
Foundation Design for Dynamic and Repeated Loading, Boston, Massachusetts,
April 1978.
Soil- structure interaction parameters for aseismic design of nuclear power stations (with
D.H. Johns and R.L. McNeill). American Society of Civil Engineers, January 1974.
Seismic considerations for land -use planning (with R.L. McNeill and H.M. Ewoldsen). Los
Angeles County, 1-3, October 1973.
iInvestigation
techniques for completed sanitation landfills. Proceedings of the 21st
Annual Soil Mechanics and Foundation Engineering Conference, The University of
Kansas, Lawrence, Kansas, March 1972.
The geophysical environment (with Y.R. McLamore and R.L. McNeill). August 1969.
Design methods for transient response and isolation of ground - founded micro-precision
slabs (with R.L. McNeill, B.E. Margason, and F.M. Babcock). Woodward -Clyde &
Associates, November 1968.
Optimize deisgn of ground- founded microprecision test pads (with B.E. Margason and
F.M. Babcock). August 1967.
Design of test pads for transient loadings (with R.L. McNeill and B.E. Margason). August
1967.
JAB 5-83/11
Woodyard -Clyde Consultants
ALLEN M. YOURMAN, Jr. geotechnical engineering
project management
EDUCATION
Pepperdine University: M.B.A., 1984
University of California, Los Angeles: M.S., Engineering, 1978
University of California, Los Angeles: B.S., Engineering, 1976
REGISTRATION
Registered Civil Engineer: California
PROFESSIONAL HISTORY
Woodward -Clyde Consultants, Senior Project Engineer 1986 -date; Project Engineer,
1983 -1985; Assistant Project Engineer, 1982 -1983
Harding Lawson Associates, Tustin, California, Engineer to Senior Engineer, 1978 -1982
Harding Lawson Associates, Novato, California, Staff Engineer, 1978
University of California, Los Angeles, Post - Graduate Research Assistant, 1976 -1978
REPRESENTATIVE EXPERIENCE
Mr. Yourman's experience encompasses all phases of geotechnical engineering, from .
Preliminary site selection to consultation during construction. His project experience
includes single- family dwellings, large petrochemical and industrial facilities, hospitals,
dams, and multi -story buildings. Representative projects include:
o Santa Ynez Unit development - a large oil storage and treatment facility in
Santa Barbara County involving approximately four million cubic yards of
grading, cut slopes 200 feet in height, and fill slopes 80 feet in height
o St, Joseph Hospital, San Clemente General Hospital, and East San Gabriel
Hospice - additions to existing and new health care facilities, design of which is
reviewed by the Office of the State Architect
o La Veta Office Building, Centrum South, and Orange Financial Center - multi-
story office buildings founded on drilled cast -in -place piers
o Day Creek and Lakeview Dams - earth rock and earth fill dams reviewed by the
Division of Safety of Dams
o Santiago and Green Acres 20- to 66 diameter with
pipelines - -inch pipelines
alignments crossing several different subsurface conditions in developed areas
Mr. Yourman has served as Project Engineer on a number of harbor projects. His
experience has ranged from design of single small craft mooring facilities to state-of-
the-art design for prototype container wharfs. Representative harbor projects include:
o sheetpile barge and ship loading facilities design
AMY 2
-86(17
Woodward-Clyde Consultants
ALLEN M. YOURMAN page 2
• open field pile supported container handling wharf design
• sheetpile and open field pile supported liquid products wharf
• breasting and mooring pile design
• rehabilitation and enlargement of existing facilities
Mr. Yourman has participated in many phases of machine foundation engineering,
including site selection, design, and monitoring and recommendations for redesign of
existing foundations. He is proficient in computer analyses to model, predict, and
analyze machine foundations, and is familiar with design, installation, and observation of
both shallow and deep foundations.
AFFILIATIONS
American Society of Civil Engineers
Associate Member Forum
AMY 2 -86/17
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ROBERT L. SHOFSTALL geotechnical engineering
pavement design
EDUCATION
Purdue University, West Lafayette, Indiana: M.S., Geotechnical Engineering, 1981
Purdue University, West Lafayette, Indiana: B.S., Agricultural Engineering, 1979
REGISTRATION
Civil Engineer; California
PROFESSIONAL HISTORY
Woodward -Clyde Consultants, Assistant Project Engineer, 1981 -date
Purdue University, West Lafayette, Indiana, Research Assistant, 1979 -1981
H.C. Nutting Co., Cincinnati, Ohio, Field Engineer, May - August 1978 -1979
A.M. Kinney, Inc., Cincinnati, Ohio, Laboratory Soil Technician, May - August 1977
REPRESENTATIVE EXPERIENCE
Since joining Woodward -Clyde Consultants, Mr. Shofstall has been involved in a variety
of geotechnical investigations. His assignments have included both onshore and offshore
field investigations, slope stability analyses, the design of flexible and rigid retaining
walls, and foundation design for commercial and industrial facilities. Mr. Shofstall has
participated in the engineering design analyses for projects such as:
o Cabrillo Beach Recreational Complex
o Anaheim Stadium Center
o Port of Los Angeles Berths 174 -185 Wharf improvements
o American Honda Motors, Inc. Corporate Center
o Irvine Technology and Bioscience Centers
Mr. Shofstall has also been involved with many pavement design projects for roadways
and parking lots. This work has included the design of flexible pavements, rigid pave-
ments, and pavement overlays. His experience with pavement - related materials includes
the use of slag, crushed miscellaneous base, and stabilized base materials. Specific
pavement design projects that Mr. Shofstall has been involved with include:
o McDonnell- Douglas Aircraft hanger (design of rigid concrete pavement for DC-
10 traffic)
o Ontario Center (overlay design for existing roadways subjected to increased
highway traffic)
o Mission Viejo Mall (evaluation of an existing heaved pavement that utilized lime-
' treated subgrade)
o Northrop Johnson Property (design of flexible pavements for heavily loaded
forklifts)
At Purdue University, Mr. Shofstall extensively researched the feasibility of using
foamed asphalt as a soil stabilizing agent. This research extended over a two -year period
and included laboratory testing of resistance values, stability, and moisture sensitivity of
tested base materials. This research has provided him with a strong background in
materials engineering, palticularly with bituminous materials.
RLS 4 -86/17
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WILLIAM E. YOCOM
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PROFESSIONAL
EXPERIENCE:
1976- Present
William E. Yocom Landsca a Architecture, Irvine, CA
osition: rincipa
1973 -1976
-1976
Lamm Associates, Engineers, Planners and Landscape
rch1A tects, Pomona /Santa Ana /Walnut Creek /Sacramento, CA
Position: Director of Landscape Architecture
1967 -1973
Courtland Paul /Arthur Beggs & Associates, Landscape Archi-
tects, Pasadena /Corona del Mar, CA
Position: Associate
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1965 -1966
W. Bennett Covert & Associates, Landscape Architects,
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asa ena, C
Position: Designer
TEACHING
EXPERIENCE:
Lecturer in Landsca a Design
1
Pasadena City Co ege
Lecturer in Landsca a Construction
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Ca ifornia State Polytechnic University
Instructor in Landscape Design
Saddleback Community Col ege
EDUCATION:
Bachelor of Science Degree in Landscape Architecture
California State Polytechnic University, Pomona, 1966
CREDENTIALS:
Re istered Landscape Architect
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tate of Ca ifornia
Lifetime Instructor's Credential
California Community Colleges
AFFILIATION:
Alpha Zeta Delta
Honorary Scholastic Fraternity
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ROBERT BORTHWICK
PROFESSIONAL
EXPERIENCE: 1979 - Present
Robert Borthwick, ASLA, Landscape Architects, Irvine, CA
o ition: Principal
1976 -1979
Reynolds Environmental Group, Environmental Planners
1 Newport Beach, CA
Position: Associate
1973 -1976
Takahashi and Takahashi, Landscape Architects, Irvine, CA
osition: Principal
1972 -1973
POD, Inc., Landscape Architects, Orange, CA
Pos Lion: Project Manager
1969 -1972
Re Holds and Associates, Landsca a Architects, Newport
Beach, C
Position: Project Manager
1968 -1969
Cit of Alhambra, Planning Department, Alhambra, CA
Position: Community Planner
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TEACHING
EXPERIENCE:
1975 - Present
Saddleback College
Intro uction to Landscape Design
1977
Saddleback College
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Forum Lecture Series
EDUCATION:
Bachelor of Science Degree in Environmental Design
California State Polytechnic University, Pomona, 1969
Associate in Arts Degree, Architecture
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East Los Angeles College, Los Angeles, 1966
PROFESSIONAL
AFFILIATION:
American Society of Landscape Architects
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ROBERT BORTHWICK
Page 2
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CREDENTIALS:
Re istered Landsca a Architect
State o a ifornia 354 Licensed 1972)
Lifetime Instructor Credential
California Community Colleges
AWARDS:
Certificate of Distinction, American Institute of Planners- -
Member of Panning Task Group which directed preparation
'
of the Aliso Creek Corridor Specific Plan, 1978
Resolution of Commendation, Orange County Board of Super -
visors - -In re ation to membership on Fire Protection Plan-
ning Task Force, 1977
Honor Award, Laguna Beach Beautification Council - -For
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a iope Court Office Complex, 1981
Award of Exce tional Service, Saddleback Area Coordinating
Counci - -For wort related to Aliso Creek regional planning
involvement, 1975 -1976
Award of Merit, American Society of Landscape Architects- -
For "High Desert Ecology Study," 1968
COMMUNITY .
.'
ACTIVITIES:
Public /Professional Member: Aliso Creek Corridor Planning
Task Group, County of Orange, 1975 -1982
Honored Donor (Professional Services): Fairview State
Hospital, Costa Mesa, 1981: Present
Board of Directors: South Coast YMCA, 1982
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11 EDUCATION:
{1
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ARTHUR D. GUY III
Landscape Architect
Bachelor of Science Degree in Landscape Architecture
California State Polytechnic University, Pomona, CA
1979
Attended California state University and Colleges
International programs, Florence, Italy, for senior
and special studies
1977 -1978
EXPERIENCE: 1983 - Present
Arthur D. Guy III, Landscape Architect
Corona del Mar, CA
Sole proprietorship involving commercial, multi - residential,
custom residential and irrigation consulting.
,i 1979 -1983
Olson Associates
Irvine, CA
In a capacity of Associate, worked on a variety of projects
ranging from residential scale to a 600 unit housing Bevel-
, opment in Aliso Viejo, California, involving two model complexes,
park site and phasing of two housing types over a three year
build -out program. Olson Associates, specializing in irriga-
tion design, has provided for the additional management and
design of numerous irrigation projects in the private and public
sector.
1979
L. D. King Engineering
Newport Beach, CA
Assisted on a variety of planning, landscape architectural and
irrigation- oriented projects. Directed and managed the first
of a series of water management studies for the 20,000 acre,
planned community of Mission Viejo.
1976 -1977
Kobata Associates
Brea, CA
Worked as a draftsman learning the technical tools in a variety
of residential and commercial projects while attending school.
' ACHIEVEMENTS: Registered Landscape Architect
State of California
Guest Lecturer
California State Polytechnic University
Cum Laude Graduate
. Sigma Lambda Alpha
Honorary Scholastic Fraternity
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JHERMAN KIMMEL
1� PRESENT POSITION: President
Herman Kimmel & Associates, Inc.
EXPERIENCE: Mr. Kimmel has been actively engaged
in transportation and traffic engineering
in excess of 30 years. He founded Herman
Kimmel & Associates, Inc. in 1968, follow -
ing 11 years (1957 -1968) with the Orange
County Road Department. With Orange
County, Mr. Kimmel served as Traffic
Engineer, with supervisory responsibility
for all County traffic engineering
programs.
Prior to his association with Orange
County, Mr. Kimmel was employed by the
State of California Division of Highways
as a Design Engineer, specializing in
freeway and major highway development.
He joined the Division of Highways in
1953, shortly after attending the
University of California, Los Angeles.
Mr. Kimmel is a registered Professional
Engineer with a Traffic Engineer specialty
in the State of California.
MEMBERSHIP IN
ORGANIZATIONS: Institute of Transportation Engineers
Orange County Traffic Engineering Council,
Chairman (1966 -67)
IREGISTRATION: California TR. 153
),
IH. WILLIAM DICKSON
1' PRESENT POSITION: Vice President
Herman Kimmel & Associates, Inc.
1
EDUCATION:
Wisconsin State University - Platteville
B.S.; Civil Engineering
EXPERIENCE:
Following graduation, Mr. Dickson was
employed by the Riverside County Road
Department in the Highway Design Section.
In 1966, Mr. Dickson was appointed
Assistant Traffic Engineer for the County
of Riverside.
In late 1970, Mr. Dickson joined Herman
Kimmel & Associates, Inc. He is experi-
enced in all phases of both civil and
traffic engineering. Some of the projects
Mr. Dickson has personally handled include
the development of an accident record and
reporting system for Riverside County,
and a traffic volume tabulation system
for the same agency. He prepares traffic
signal designs and safety lighting, as
well as supervising others in plan
preparation.
Mr. Dickson has personally supervised
traffic engineering design, traffic
engineering studies, and has conducted
traffic engineering analysis related to
major developments in many cities. He is
responsible for preparation of signing
and striping plans, detour plans, and
construction traffic control plans. He
is well qualified in all aspects of
traffic and transportation.
MEMBERSHIP IN
ORGANIZATIONS:
Institute of Transportation Engineers
REGISTRATION:
California, C.E. 19417
California, TR. 39
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1' R. PAUL GRIMM
l' PRESENT POSITION: Manager of Traffic signal Division -
Design and operations
EXPERIENCE: Mr. Grimm has been involved in- traffic
signal design and operation since 1956.
Mr. Grimm began his career with the State
of California in 1955 and shortly there-
after, was assigned to the Traffic
Engineering Section. During his employ-
ment with the State of California, Mr.
Grimm served on the Design Standards
Review Committee and the TOPICS Review
Committee. He was responsible for opera-
tion of traffic- adjusted computerized
signal systems in the Southern California
area.
In 1972, Mr. Grimm became associated
with Herman Kimmel & Associates, Inc. as
a specialist in the design and operation
of traffic signal systems. Herman Kimmel
& Associates, Inc., by virtue of
Mr. Grimm's complete knowledge of traffic
signals, traffic - oriented computer system
applications, offers complete signal
service from the preliminary design stage
to the implementation and operational
analysis of the finished product, includ-
ing traffic- oriented computer system
application. Innovative design is a
specialty.
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Mr. Grimm has been utilized as a
consultant by several manufacturers in
development of new traffic control
systems.
MEMBERSHIP IN
ORGANIZATIONS: Institute of Transportation Engineers
Traffic Signal Association
President - 1969/70
REGISTRATION: California, TR. 51
3
11 EDWARD F. GRANZOW
PRESENT POSITION: Manager of Studies
Herman Kimmel & Associates, Inc.
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EDUCATION:
International Correspondence Schools
Civil Engineering
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University of California
Traffic Engineering
University of Southern California
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Management
!
EXPERIENCE:
Mr. Granzow has been active in the field
of Transportation Engineering since
1948. He was first employed in the
discipline by the City of Pasadena,
California. In 1952, he became the first
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Traffic Analyst of the City of Pasadena.
In 1960, he was employed by the City of
Anaheim as Traffic Engineer, until his
retirement from municipal work in 1974.
While with the City of Anaheim,
Mr. Granzow was responsible for all
phases of traffic engineering.
Since his retirement and association with
Herman Kimmel & Associates, Inc., his
work has been primarily in the field of
traffic studies.
MEMBERSHIP IN
ORGANIZATIONS:
Institute of Transportation Engineers
Orange County Traffic Engineering Council,
Chairman 1964 -65.
REGISTRATION:
California, TR. 25
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(' HERBERT L. GLUESING
PRESENT POSITION: Traffic Signal and Highway Lighting
Design Engineer
1i Herman Kimmel & Associates, Inc.
EXPERIENCE: Prior to joining Herman Kimmel &
Associates, Mr. Gluesing was employed by
the Cities of Fullerton, California, and
Newport Beach, California. During his
three years with the City of Fullerton,
he directed his attention to the Traffic
Engineering field, where he was involved
in traffic data collection and analysis,
and preparation of traffic signal, and
signing and striping plans.
Upon employment with the City of Newport
Beach, and during his 12 years there,
Mr. Gluesing became involved in all
phases of traffic engineering, with
specialization in traffic signal design
and operations, and highway lighting
systems.
® Since joining Herman Kimmel & Associates,
Inc., Mr. Gluesing has been involved in
the design of individual traffic signals,
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' MEMBERSHIP IN
ORGANIZATIONS:
II
traffic signal systems (including two 55
intersection master computer systems),
and highway lighting systems.
In his present capacity, Mr. Gluesing
prepares, and /or supervises the prepara-
tion of traffic signal and traffic signal
system construction plans.
Mr. Gluesing graduated from California
State University, Long Beach, with a
degree in Civil Engineering, and has
completed additional courses and seminars
in traffic signal design and operation,
master computer systems, and highway
lighting design.
Traffic Signal Association
Institute of Transportation Engineers
I, GARY A. TOLMIE
PRESENT POSITION: Engineering Associate
Traffic Signal and Lighting Division
EXPERIENCE: Mr. Tolmie has been associated with
Herman Kimmel & Associates, Inc. for over
13 years. He was employed as a draftsman
in September, 1970. Since that time, he
has become very experienced in design of
and equipment requirements of all types
of traffic signals and lighting.
Mr. Tolmie conducts all field reviews of
traffic signal and lighting equipment,
intersection and street topography, and
other features necessary to successfully
and satisfactorily design new traffic
signals and lighting or to modify older
installations.
Mr. Tolmie has undertaken educational
courses related to street marking, signi-
ng, and other areas pertinent to traffic
engineering operations.
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JOSEPH G. DE REMER
PRESENT POSITION: Operations Engineer
Traffic Signal and Lighting Division
EDUCATION:
MEMBERSHIP IN
ORGANIZATIONS:
REGISTRATION:
Mr. De Remer has been active in the
Traffic Engineering profession since
1962, the majority of this time in the
field of traffic signal and street light-
ing design and operation. His experience
was gained through employment with the
California Division of Highways. Since
1977, his specialization has been in the
area of operations and programming micro-
processors for coordinated and isolated
traffic signal control systems.
Mr. De Remer joined Herman Kimmel &
Associates, Inc. in 1983. His specialty
is design, construction inspection, and
operation of traffic signals and systems.
Prior to retiring from Caltrans, Mr. De
Remer spent the last 15 years as a State
inspector on traffic signal and street
lighting construction projects in the 3
County area of Ventura, Los Angeles, and
Orange, which included final inspection,
turn-on and signal timing.
Mr. De Remer attended Bucknell University
and the University of Pittsburgh, majoring
in electrical engineering.
Institute of Transportation Engineers
Traffic Signal Association
California, TR. 367
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR L y
Public Works Department �Q c�L ✓�
FROM: CITY CLERK 7
DATE: July 1, 1986
SUBJECT: Contract No. C- 2591(B)
Description of Contract Coast Highway Widening Newport Boulevard
to Westerly of Orange Street (Engineering Services Agreement)
Effective date of Contract T,,.,A 97 1996
Authorized by Minute Action, approved on June 23, 1986
Contract with Robert Bein, William Frost and Associates
Address 1401 Quail Street
P.O. Box 2550
Newport Beach, CA 92658 -8984
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
AGREEMENT
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FOR
COAST HIGHWAY (SRI) WIDENING
NEWPORT BOULEVARD (SR55) TO WESTERLY OF ORANGE STREET
THIS AGREEMENT is made and entered into this 2-7 day of
1986, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY ", and the firm of ROBERT BEIN, WILLIAM FROST
AND ASSOCIATES, a California corporation, hereinafter referred to as "ENGINEER."
WITNESSETH:
WHEREAS, CITY under terms of an agreement with the California
Department of Transportation (CalTrans), dated June 23, 1986, has been
authorized by CalTrans to obtain professional engineering services for the
preparation of plans, specifications and engineer's estimate of cost for the
improvement of Pacific Coast Highway from Newport Boulevard to westerly of
Orange Street, hereinafter referred to as "PROJECT "; and
WHEREAS, the Environmental Impact Statement has been prepared by
CalTrans; and
WHEREAS, CITY intends to prepare final engineering and construction
documents for the improvement of Pacific Coast Highway from Newport Boulevard to
westerly of Orange Street, hereinafter referred to as "PLANS "; and
WHEREAS, ENGINEER has submitted a proposal dated June 19, 1986, to CITY
to perform the professional engineering services in conjunction with the pre-
paration of said 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. Time is of the essence in this Agreement.
B. The term of this Agreement shall commence on the day this
+ Agreement is made and entered into, and shall terminate one year hence unless
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terminated earlier as set forth herein or extended by mutual consent of ;:e par-
ties.
C. No alteration or variation of the terms of this Agreement shall
be valid unless made in writing and signed by the parties hereto, and no oral
understanding or agreement not incorporated herein, shall be binding on any of
the parties hereto.
D. The consideration to paid ENGINEER as provided herein, shall be
in compensation for all of ENGINEER's expenses incurred in the performance
hereof, including travel and per diem, unless otherwise expressly so provided.
E. CITY engages ENGINEER to perform the services hereinafter
described in Exhibit "A" for the compensation herein stated.
F. ENGINEER agrees to perform said services upon the terms and
conditions hereinafter set forth.
G. ENGINEER represents that it employs, or will employ, at its own
expense, all personnel required in performing the services required under this
Agreement.
H. ENGINEER agrees that all services required hereunder will be
performed under his direct 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.
I. ENGINEER shall comply with all Federal, State and local laws
and ordinances applicable to the work.
J. ENGINEER warrants and guarantees that all services hereunder
shall be provided in a manner commensurate with the highest professional stan-
dards and shall be performed by qualified and experienced personnel.
II. ENVIRONMENTAL PROTECTION
ENGINEER is required to comply with all applicable standards,
orders or requirements issued under Section 3067 of the Clean Air Act (42 U.S.C.
1857 (h)), Section 508 of the Clean Water Act (33) U.S.C. 1368), Executive
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Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15)
which prohibit the use under non - exempt Federal contracts, grants or loans of
facilities included on the EPA List of Facilities. Violations shall be reported
to the Federal Highway Administration and to the U.S.E.P.A. Assistant
Administrator for Enforcement.
III. SAFETY
ENGINEER shall comply with OSHA regulations regarding shoring and
other necessary safety equipment or procedures. ENGINEER shall comply with
safety instructions issued by the CITY or its designee. Crew members shall wear
hard hats and orange safety vests at all times while working on site. ENGINEER
shall conduct weekly safety meetings throughout the period of field work; all
crew members shall attend. Personal safety equipment shall be provided by
ENGINEER.
IV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, ENGINEER
hereby swears under penalty of perjury that no final unappealable finding of
contempt of court by a Federal Court has been issued against ENGINEER within the
immediately preceding two -year period because of ENGINEER's failure to comply
with an order of a Federal Court which orders ENGINEER to comply with an order
of the National Labor Relations Board.
V. SERVICES TO BE PERFORMED BY ENGINEER
A. ENGINEER hereby agrees to perform all the services as outlined
in EXHIBIT "A" attached hereto and by this reference made a part hereof.
B. ENGINEER will make all personnel assigned to this Agreement
available to testify, if necessary, at public hearings on subject matter dealt
with in this Agreement.
VI. DUTIES OF CITY
CITY hereby agrees to supply ENGINEER all information, materials,
data, reports, records and maps as are existing and available from 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
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the work without delay. Such information and materials shall include but not be
limited to:
A. Mylar plan and profile or plan sheets for the preparation of
Plans.
B. Consultation with ENGINEER as required to accompish completion
of the Plans.
VII. OWNERSHIP OF DOCUMENTS
All products used or developed in this project will remain in the
public domain becoming the property of CALTRANS at the completion of this pro-
ject. All survey notes, sketches, plans, specifications and other data prepared
shall be delivered to CITY. There shall be no restriction or limitation of
their further use. No material prepared in connection with the project shall be
subject to compyright in the United States or in any other country.
VIII. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical or other data
and information relative to CITY's or CALTRANS' operations, which is designated
confidential by CITY or CALTRANS, and made available to ENGINEER in order to
carry out this Agreement, shall be protected by ENGINEER from unauthorized use
and disclosure through the observance of the same or more effective procedural
requirements as are applicable to CITY or CALTRANS.
B. Permission to disclose information on one occasion or public
hearing held by CITY or CALTRANS relating to the PROJECT shall not authorize
ENGINEER to further disclose such information or disseminate the same on any
other occasion.
C. Each subcontract shall contain provisions similar to the
foregoing related to the confidentiality of data and nondisclosure of the same.
D. ENGINEER shall not issue any news release or public relations
item of any nature whatsoever regarding work performed or to be performed under
this contract, without prior review of the contents thereof by CITY or CALTRANS
and receipt of CITY's and CALTRANS' written permission.
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IX. PATENT RIGHTS
Patent rights to any invention, improvement, or discovery conceived
or for the first time actually reduced to practice by the ENGINEER or its
employees, in the course of, in connection with, or under the terms of this
Agreement shall be wholly owned by the CITY or CALTRANS.
X. COPYRIGHT
All reports, project maps, and other documents prepared in connec-
tion with the PROJECT and funded in whole or part by CITY shall contain a stan-
dard notice that the materials were prepared under a contract with the CITY.
CITY shall have unrestricted authority to publish, disclose, distribute, and
otherwise use in whole or in part such documents. In addition, no material pre-
pared in connection with the PLANS shall be subject to copyright in the United
States or in any other country.
XI. WORKERS' COMPENSATION
Pursuant to the requirements of Section 1860 of the Labor Code
(Chapter 1000, Statutes of 1965), the CONSULTANT will be required to secure the
payment of workers' compensation to his employees in accordance with the provi-
sions of Section 3700 of the Labor Code.
XII. INSURANCE
A. ENGINEER shall furnish certificates, prior to commencement of
the work described herein, showing insurance in force as follows:
1. Public Liability and Property Damage insurance in an amount
not less than One Million Dollars ($1,000,000) per occurrence.
2. Architect's and /or Engineer's Professional Liability
insurance in an amount not less than One Million Dollars ($1,000,000).
3. Valuable Papers insurance in an amount sufficient to assure
the restoration of any plans, drawings, field notes, computations, memoranda,
reports, or other similar data relating to the work of the ENGINEER used in the
completion of the PROJECT.
B. Excepting the Professional Liability coverage, insurance cer-
tificates shall name both the ENGINEER, the CITY, and the State as insureds.
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XIII. ENGINEER IN CHARGE
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GAIL PICKART is designated the Engineer -in- Charge on behc f of '
ENGINEER. CITY reserves the right to approve any substitution of the
ENGINEER -in Charge. ENGINEER's key personnel as indicated in their Statement of
Qualifications (Attachment A) may not be substituted without CITY's prior writ-
e
ten approval In the event of termination of the Engineer -in- Charge, the
designated replacement shall be a licensed Civil Engineer in the State of
California.
XIV. PROJECT MANAGER
A. CITY hereby designates John Wolter as Project Manager, and
hereby delegates to said Project Manager the authority to manage and coordinate
this Agreement. The Project Manager is responsible for review and approval of
ENGINEER's monthly invoices. The Project Manager will be available for advice
and comment on all work under this Agreement. He shall meet with ENGINEER and
its subcontractors to discuss ENGINEER's and subcontractors' progress and to
give guidance.
B. ENGINEER and its subcontractors agree that the Project Manager
will have full access to information regarding this project so that the Project
Manager's role may be carried out. ENGINEER and its subcontractors will honor
reasonable requests from the project Manager for information pertaining to the
technical aspects of the PROJECT.
C. CITY will provide sufficient staff engineering assistance to
allow effective coordination with the ENGINEER. This assistance shall take the
form of providing ENGINEER information when problems are identified in meeting
the objectives of the work, monitoring progress toward meeting these objectives,
and other more general liaison functions necessary in administering the
Agreement.
XV. CALTRANS STAFF
A. CALTRANS staff will be permitted to work side by side with
ENGINEER staff to the extent and under conditions that may be directed by
Project Manager. In this regard, CITY or CALTRANS staff will be given access to
all data, working papers, etc., which ENGINEER may seek to utilize.
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B. ENGINEER will not be permitted to utilize CITY or CALTRANS per-
sonnel for the performance of services which are the responsibility of ENGINEER
unless such utilization is previously agreed to in writing by the Project
Manager, and any appropriate adjustment in price is made. No charge will be
made to ENGINEER for the services of CITY or CALTRANS employees while performing
coordinating or monitoring functions.
XVI. TERMINATION
A. CITY may terminate this Agreement at any time for its own con-
venience 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 such, at the option of the CITY become its property. If this
Agreement is terminated by CITY as provided herein, ENGINEER will be paid a
total amount equal to his actual costs as of the termination date.
Actual costs shall include labor costs, employee benefits,
overhead, other direct costs and pro -rata amount of fee shall be as set forth in
Proposal (Exhibit B), but not to exceed the maximum fee set by this Agreement
under Section XXIII, FEE SCHEDULE AND PAYMENT.
B. CITY may, by written notice to ENGINEER, terminate the whole
or any part of this Agreement in any of the following circumstances:
1. If ENGINEER fails to perform the services called for by
this Agreement within the time specified herein or any extension thereof; or
2. If ENGINEER fails to perform the services called for by
this Agreement or so fails to make progress as to endanger performance of this
Agreement in accordance 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 of time as CITY may authorize in writing) after receipt of notice from
CITY specifying such failure.
C. ENGINEER agrees that if because of death or any other
occurrence it becomes impossible for any principal or employee of ENGINEER to
render the services required under this contract, neither the ENGINEER nor the
surviving principals shall be relieved of any obligation to render complete per-
7 of 16
i s
•
formance. However, in such event, CITY may terminate this Agreement if it con-
siders the death or incapacity of such principal or employee to be a loss of
such magnitude as to affect the ENGINEER's ability to satisfactorily complete
the performance of this contract.
D. ENGINEER and all successors, executors, administrators and
assigns of ENGINEER's interest in the work or the compensation herein provided
shall be bound to CITY to the full legal extent to which ENGINEER is bound with
respect to each of the covenants of this contract.
E. In the event proceedings in bankruptcy are commenced against
ENGINEER, ENGINEER is adjudged bankrupt or a receiver is appointed and quali-
fies, then CITY may terminate this Agreement and all further rights and obliga-
tions hereunder, by giving five days notice in writing in the manner specified
herein. It is recognized by the parties that equipment purchased by ENGINEER or
CITY for this PROJECT shall have lien rights held in the name of the CITY which
shall retain lien rights until ENGINEER either returns said equipment to CITY or
purchases it as is provided by the terms of this Agreement.
XVII. DISPUTES
A. Except as otherwise provided in this Agreement, any dispute
concerning a question of fact arising under or relating to the performance of
this Agreement which is not disposed of by agreement shall be decided by CITY's
Public Director of Public Works, who shall reduce his decision to writing in
regard to the dispute and shall transmit a copy thereof to ENGINEER. The deci-
sion of the Director shall be final and conclusive unless, within thirty (30)
days from the date of receipt of such copy, ENGINEER transmits to CITY a written
appeal. Said appeal shall be supported with specificity. In connection with
any appeal proceeding under this clause, ENGINEER shaall be afforded an oppor-
tunity to be heard before the State and to offer evidence in support of its
appeal.
B. Neither the pendency of a dispute nor its consideration by the
Director will excuse ENGINEER from full and timely performance in accordance
with the terms of the Agreement.
XVIII. COORDINATION
ENGINEER shall work closely and cooperate fully with the Project
8 of 16
Manager or his designated representative and Cal Trans. The Project Manager or
his designated representative shall constantly review and give his approval of
the details of the work as it progresses, subject to overall review by CalTrans.
Reviews and inspection of the work may be made by CITY and CalTrans
at reasonable times during the performance period of this Agreement.
XIX. NOTIFICATION
All notices hereunder and communications regarding interpretation
of the terms of this Agreement and changes thereto shall be effected by the
mailing thereof by registered or certified mail, return receipt requested,
postage prepaid and addressed as follows:
ENGINEER
CITY
Robert Bein, William Frost and Assoc. City of Newport Beach
Attn: Gail Pickart, Vice President Public Works Director
P. 0. Box 2590 P.O. Box 1768
1401 Quail Street 3300 Newport Boulevard
Newport Beach, CA 92658 -8984 Newport Beach, CA 92658 -8915
Copy to:
Mr. W. 0. Weldele
Project Development Branch B
Cal Trans, District 7
P. 0. Box 2304
Terminal Annex
Los Angeles, CA 90041
XX. TIME OF COMPLETION
The work required as set forth in Exhibit "A" shall commence within
ten (10) calendar days of CITY's written Notice to Proceed and shall be
completed in accordance with the Schedule attached hereto as Exhibit "C" con-
tingent 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,
flood, epidemics, quarantine restrictions, 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
9 of 16
s
0
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 following the beginning of such delay and failure tG
do so shall constitute a waiver thereof; provided, that in case of a continu nq
cause of delay only one claim will be necessary. CITY shall decide whether an(
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 calim against CITY for additional com-
pensation. EWNGINEER 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.
XXI. BUDGET DISCLAIMER
A. It is mutually understood between the parties that this
Agreement may have been written before ascertaining the availability of
congressional appropriation of funds for the mutual benefit of both parties in
order to avoid program and fiscal delays which would occur if the Agreement were
executed after that determination was made.
B. Should funds not be appropriated by the California State
Legislature for the fiscal years covered by this Agreement, CITY shall exercise
its option to terminate this Agreement.
XXII. NO REIMBURSEMENT FOR COST PRIOR TO NOTICE TO PROCEED
ENGINEER may not commence performance until the Agreement has been
approved by CITY and a separate written Notice to Proceed is received by
ENGINEER. No payment shall be made prior to these approvals nor for any work
performed prior to these approvals.
XXIII. FEE SCHEDULE AND PAYMENT
The basis of payment for the services provide under this Agreement
shall be cost - plus -a- fixed -fee.
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A. CITY shall reimburse ENGINEER for actual costs (including labor
costs, employee benefits, overhead and other direct costs) incurred by ENGINEER
in performance of the work, in an amount not to exceed exclusive of any fixed
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 XXIII.A above,
CITY shall pay ENGINEER a net fee of Thirty -one Thousand Five Hundred Thirty
Dollars ($31,530). Said fixed fee shall not be altered unless thereis signifi-
cant alteration in the scope, complexity or character of the work to be per-
formed.
C 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 -five (25) cents per mile, while traveling away from
ENGINEER's headquarters which is hereby designated as Newport Beach, California.
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 Stae
Board of Control rules and regulations.
D. Total expenditures made under this Agreement including the
fixed fee shall not exceed the sum of Four Hundred Twenty -five Thousand Three
Hundred Ninety Dollars ($425,390).
E. ENGINEER agrees that the Contract Cost Principles and
Procedures, CFR 48, Federal Acquisition Regulations System, Chapter 1, Part 31,
shall be used to determine the allowability of individual items of cost.
ENGINEER also agrees to comply with Federal procedures in accordance with Office
of Management and Budget Circular A -102, Uniform Administrative Requirements for
Grants -in -Aid to State and Local Governments.
F. The direct labor rates, overhead and employee benefit percen-
tages set forth in Exhibit "B" are effective for the period of July 1986 through
through July 1987. The direct labor rates, overhead and employees' benefit per-
centages are subject to review and update on an annual basis by ENGINEER. Such
updates shall be subject to CALTRANS and FHWA approval for those portions of the
work performed under this Agreement taking place after December of 1987. The
new rates and percentages shall be used to readjustthe total not to exceed fee
for those portions of the work not accomplished by December of 1987.
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0 0
G. CITY agrees to pay 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 certified invoice for allowable costs incurred in the per -
formance of this Agreement plus a pro -rata portion of the fixed fee as described
in Paragraph B above.
2. Invoices must be accompanied by written progess reports
which describe the work performed in the period covered by the invoice.
3. CITY shall withhold ten percent (10 %) of each progress
payment. This retention will be paid upon satisfactory completion of the
Agreement, including acceptance and approval by CALTRANS of all reports, plans,
and other products to be provided by ENGINEER.
4. 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 less ten percent (10 %) retention of
allowable costs.
XXIV. EQUIPMENT PURCHASE
A. Any equipment purchased as a result of this Agreement is sub-
ject to the following: ENGINEER shall maintain an inventory of all nonexpen-
dable property. Nonexpendable property is defined as having a useful life of at
least two years and an acquisition cost of $150 of more. If the purchased
equipment needs replacement and is sold or traded in, CITY shall receive a
proper refund or credit. At the conclusion of the contract or if the contract
is terminated, the ENGINEER may either keep the equipment and credit the CITY in
an amount equal to its fair market value or sell such equipment at the best
price obtainable at a public or private sale in accordance with established CITY
procedures. If the ENGINEER elects to keep the equipment, fair market value
shall be determined on the basis of a competent independent appraisal of such
equipment. Appraisals shall be obtained from an appraiser mutually agreeable to
the CITY and the ENGINEER. If it is determined to sell the equipment, the terms
and conditions of such sale must be approved in advance by the CITY.
B. Prior authorization in writing by the CITY shall be required
before ENGINEER enters into any non - budgeted purchase order or subcontract
12 of 16
exceeding $100 for supplies, equipment or consultant services. The ENGINEER
shall provide an evaluation of the neccesity or desirability of incurring such
costs. For purchase of any item, service or consulting work not covered in the
ENGINEER's proposal and exceeding $500, three competitive quotations must be
submitted with the request, or the absence of bidding must be adequately
justified.
XXV. ANTITRUST ACTIONS
ENGINEER's attention is directed to the following provision of
Government Code Sections 4551 and 4552 (Stats. 1978, Ch. 414) which shall be
applicable to the ENGINEER and its subcontractors on public works contracts or
to the bidder on consultant contracts for the purchase of goods, materials or
services;
"In entering into a public works contract or a subcontract to
supply goods, services, or materials pursuant to a public works
contract, the Contractor or subcontractor offers and agrees to
assign to the awarding body all rights, title, and interest in and
to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code], arising from purchases of gods,
services, or materials pursuant to the public works contract or the
subcontract. This assignment shall be made and become effective at
the time the awarding body tenders final payment to the Contractor
without further acknowledgement by the parties.
"In submitting a bid to a public body, the bidder agrees that if
the bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may
have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act [Chapter 2 (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code],
arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such
assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder."
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a
XXVI. PROJECT SCOPE REVISIONS
0
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 supplemental
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 any. In special cases
where it is essential that extra work or changes in work be performed imme-
diately, execution of the supplemental authority covering such changes shall be
accomplished as soon as practicable.
XXVII. HOLD HARMLESS
ENGINEER shall save harmless the CITY and STATE, their officers,
agents, and employees from all claims and liability due to the negligent acts of
ENGINEER, subcontractors, agents and employees of ENGINEER and his
subcontractors.
XXVIII. SUBCONTRACTS
ENGINEER shall not subcontract any portion of the work required by
this Agreement, except as expressly stated in Exhibit "B" without prior written
approval of CITY. Upon termination of any subcontractor, CITY shall be imme-
diately so notified in writing. All terms and conditions of this Agreement
shall be applicable to any subconsultant whose cost exceeds Ten Thousand Dollars
($10,000).
XXIX. RECORDS AND REPORTS
ENGINEER and any subcontractor to ENGINEER agree to maintain all
books, documents, papers, accounting records and other evidence pertaining to
costs incurred. ENGINEER and any subcontractor to ENGINEER agree to make these
materials and ENGINEER's records supporting costs available at their respective
offices at all reasonable times during the performance of this Agreement and for
four years from the date of final payment made by CITY to its construction
contractor for this PROJECT. CITY, CALTRANS, the State Auditor General, the
Federal Highway Administration, the General Accounting Office, or any other
authorized representative of the Federal Government shall have access to any
books, records and documents of ENGINEER and its subcontractors that are per-
tinent to the contract for audits, examinations, excerpts and transactions, and
14 of 16
copies thereof shall be furnished if requested.
XXX. NON- SOLICITATION WARRANTED
ENGINEER warrants, by execution of this Agreement, that no person
or selling agency has been employed or retained to solicit or secure this
Agreement upon an agreement or understanding for a commission, percentage, bro-
kerage, or contingent fee, excepting bona fide employees or bona fide estab-
lished commercial or selling agencies maintained by ENGINEER for the purpose
of securing business. For breach or violation of this warranty, CITY shall
have the right to annul this Agreement without liability, pay only for the
actual cost of the work actually peformed, or in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
XXXI. CONFLICT OF INTEREST
Prohibited interests are as follows: No officer, member or
employee of CITY during his tenure or one (1) 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,
whether contractural, non - contractural, financial or otherwise, in this transac-
tion, 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
complete 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 convenants 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 in
any manner or 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.
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XXXII. CONGRESSIORAL CONFLICT OF INTEREST
Interest of members of or delgates 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 benefit arising therefrom.
XXXIII. NONDISCRIMINATION
ENGINEER agrees to comply with the provisions of Appendix A and
agrees that Appendix A shall be made applicable to any subcontract in excess of
Ten Thousand Dollars ($10,000).
XXXIV. ASSIGNMENT
This Agreement shall be binding on the successors and assigns of
the parties, but it shall not be assigned either in whole or in part by ENGINEER
without the prior written consent of CITY.
XXXV. CONTRACTUAL RELATIONSHIP
ENGINEER, and the agents and employees of ENGINEER in the perfor-
mance of this Agreement, shall act in an independent capacity and not as offi-
cers or employees or agents of CITY or CalTrans.
IN WITNESS WHEREOF, said parties have executed this Agreement as of the
date and year first above written.
CITY 0 WPORT BEACH,
a m icip torpor tion
ATTEST:
/I /4:�' /--) By.
Mayor
City Clerk
ROBERT IN, W IAMij
APPROVED AS TO FORM:
Ora 1, - V_(n� By: (26"
Ct y Attorney PK F-3 ) bE.titT
Address and Phone:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
P. 0. Box 1768
i Newport Beach, CA 92658 -8915
(714) 644 -3311
ROBERT BEIN, WILLIAM FROST AND ASSOCIATES
1401 Quail Street
P. 0. Box 2550
Newport Beach, CA 92658 -8984
(714) 833 -0070 16 of 16
IATES
NONDISCRIMINATION CLAUSE
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During the performance of this contract, contractor and its
subcontractors shall not unlawfully discriminate against any
employee or applicant for employment because of race, reli-
gion, color, national origin, ancestry, physical handicap,
medical condition, marital status, age (over 40) or sex.
Contractors and subcontractors shall insure that the evalLl-
tion and treatment of their employees and applicants for
employment are free of such discrimination. Contractors and
subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code, Section 12900 .
et se?.) and the applicable regulations promulgated thereunder
(California Administrative Code, Title 2, Section 7285.0 et
seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code, Section 2990,
set forth in Chapter 5 of Division 4 of Title 2 of the Ca i-
fornia Administrative Code are incorporated into this contract
by reference and made a part hereof as if set forth in full.
Contractor and its subcontractors shall give written notice of
their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement,
2, This contractor shall include the nondiscrimination and com-
- pliance provisions of this clause in all subcontracts to perform
work under the contract,
STD. 17A (NEW 5.03)
APPENDIX A
1
SCOPE OF ENGINEERING SERVICES
PACIFIC COAST HIGHWAY (PCH) WIDENING ;
NEWPORT BLVD. (S.R. 55 TO W'LY OF ORANGE STREET)
CITY OF NEWPORT BEACH
EXHIBIT "A"
TASK DESCRIPTION
A. Research, Investigation & Review
1. Collect and review right -of -way documents and "as- built" plans
for the existing improvements along Coast Highway.
2. Conduct a field review with ground photo inventory and provide
an analysis necessary to ensure that the record plans accurately
represent the existing conditions.
3. Review right -of -way requirements including slope easements,
construction easements and reference documents.
B. "Conceptual" Geometric Design Plans
1. Prepare geometric plans (1" =501) from aerial topographic map
which detail lane widths, right -of -way requirements, joins to
existing and proposed improvements. For this proposal, we
anticipate that for the purpose of the design concept approvals,
a concept plan should be prepared on a single roll mylar. The
base plans prepared as a result of this task will be utilized to
develop final design plans.
2. Prepare geometric plan (1 " =201) for the Newport Boulevard
(Arches Interchange) ramp design and joins.
3. Prepare geometric plan W' =209 for the Superior Avenue /Balboa
Boulevard /Coast Highway intersection, including all turning and
through lanes.
4. Prepare geometric plans (1" =20) for the intersections at Prospect
Street and Orange Street, including all turning and through
lanes.
5. Prepare typical sections.
C. Field Survey & Aerial Topographic Mapping
0 0
Perform aerial topographic mapping services to prepare aerial
topography at a scale of 1 " =50' suitable for enlargement to 1" =20' scale
with a one-foot contour interval for plan base sheets. Perform field
survey to (1) edit the aerial topography; (2) ;:btain additional
mapping data including field culture; (3) cross sections; (4) spot
elevations as necessary; and (5) potholed utility location survey.
D. Soils, Geotechnical Pavement Investigation
1. Soils & Geotechnical Investigation
Conduct detailed soils and geotechnical investigation necessary to
recommend new pavement sections, evaluate existing pavement
sections, excavation, fill, compaction, ground water conditions,
bearing pressures for foundation and wall designs, slope
stabilization, and other information as required.
2. Pavement Testing
Analyze existing pavement on PCH for the approximately 1.7 mile
length by deflection testing. Core existing pavement to deter-
mine existing street sections and overlay thickness requirements.
Core locations should utilize proposed median areas when
possible. Traffic index requirements and new pavement section
criteria are to be provided by CalTrans. Prepare Traffic
Control Plans to accommodate coring and deflection testing
within PCH.
E. Utilitv Research & Notification
A detailed utility research will be conducted by CalTrans. From the
information provided by CalTrans, review and compile information.
Prepare utility plans at 1" =50' scale showing locations of existing
utilities in accordance with CalTrans Policy Overhead and Under-
ground Utilities on State Highways. Identify locations of potential
conflicts between utilities and planned improvements, including high
risk facilities. Special attention should be given to the proposed
storm drain crossing:: within the highway. RBF will be responsible
for determining locations of sewer and storm drainage installations
from "as- built" information.
CalTrans will arrange for potholing of utilities by the respective
owners and provide precise locations for inclusion on the plans. RBF
will provide survey to locate potholed utilities. CalTrans will
coordinate with the utility companies affected by the project including
preparation and issuance of appropriate utility notifications and
related follow -up. Notifications shall consist of the following:
Utility Information Request - Ask utility for location, size, etc., of
its facilities within project limits. This notice is forwarded
concurrent with commencement of design.
F.
G.
0 0
Identify Relocate Notice Locations - In the event relocation of utilities
is indicated, identify utilities to be relocated and provide information
to the City of Newport Beach for their processing of relocate notices.
Notice to Relocate - Prior to project bidding, assist City in the
preparation of notices to relocate for transmittal to affected utility
agencies, as previously identified, requesting immediate relocation in
accordance with the previously determined agreed upon schedule.
Right -of -Way Investigation & Legal Descriptions
Review (1) title report and assessor maps; (2) record maps; (3)
centerline monuments supplied by City /CalTrans and determine
centerline alignment and right -of -way widths; and (4) prepare
right -of -way base maps, appraisal maps, record maps, legal descrip-
tions and other documents necessary to obtain right -of -way, slope
easements and construction easements in accordance with criteria
established by CalTrans. Right -of -way work will be coordinated with
and completed Po CalTrans approval. CalTrans is to acquire the
necessary right -of -way and easements.
For the purpose of this proposal, a maximum of four (4) legal
descriptions have been allocated as well as an additional five (5)
corner cutoff descriptions.
Sound Wall
1. Preliminary Plans & Exhibits
Prepare a maximum of two (2) exhibits to provide coordination
with property owners to accommodate the aesthetic considerations
of the community.
Estimated Plan Sheets: 2
2. Design Plans
In accordance with the Environmental Impact Statement and
CalTrans Noise Study, prepare plans necessary to construct six
to eight foot high sound wall adjacent to the south side of
highway. Due to a limited area available for construction,
alternative methods for wall foundation construction may be
necessary at various locations. Sound attenuation requirements
will incorporate the recommendations indicated in the draft EIS
and CalTrans Noise Study for the project. (Report No.
FHWA -CA- EIS- 85 -02 -D )
Locations and heights of walls to be shown on roadway
improvement plans with profile details to be included on separate
sheets.
Estimated Plan Sheets: 7
H. Drainage
1. Preliminary Drainage & Hydrology Study
1:
Review CalTrans preliminary drainage studies as well as other
studies for the area, including the Arches Interchange. Prepare
hydrology and preliminary drainage study to determine feasibility
of alternate drainage systems to replace the existing ditches
along the north side of the highway. West of Superior Avenue,
the drainage system may involve a pressure conduit below the
sidewalk. East of Superior Avenue, the drainage system will
require investigations to determine the feasibility of crossing the
highway near Newport Boulevard and outletting into the Bay.
For the purpose of this proposal, five (5) drainage areas are
assumed to be tributary to the project area.
2. Upon selection of an option and CalTrans approval, prepare
plans for the required drainage system sized to meet the
hydraulic requirements of CalTrans. For the purpose of this
proposal, we anticipate that approximately 8000 LF of storm
drainage system would be needed.
Estimated Plan Sheets: 13
I. Traffic Signal and Street Lighting
Prepare plans for the new traffic signal at Newport Boulevard and
modifications at Superior Avenue /Balboa Boulevard, Prospect Street
and Orange Street. Prepare street and safety lighting plans. Plans
shall be prepared by a traffic engineer licensed in the State of
California.
1. Preparation of traffic signal plans and documents
Preparations of traffic signal plans will be at the following
locations:
a. Coast Highway at Newport Boulevard southbound ramps
(new signal) .
b. Coast Highway at Balboa /Superior (modification).
C. Coast Highway at Prospect (modification).
d. Coast Highway at Orange (modification).
During construction of traffic control system phasing, two each
temporary traffic signal modifications will be necessary at above
locations b, c, and d. Preparation of these plans are included
in Task J -(1).
It is anticipated that four (4) 20 scale signal plan sheets and
one (1) signal detail sheet will be required. CalTrans Standard
0 40
Specifications and Standard Plans will be utilized in preparation
of contract plans and special provisions. Probable engineer's
construction estimate will be provided for each signal location.
Estimated Plan Sheets: 5
Not included in the scope of work is possible preparation of
ramp metering systems at the Coast Highway and Newport
Boulevard interchange.
2. Preparation of street lighting plans, traffic signal interconnect
and documents [From points a thru d as described in Task
I -(1)]
Street light plans will be prepared for Coast Highway from
Newport Boulevard to the Santa Ana River bridge. These plans
will be prepared in accordance with City of Newport Beach
Standards and will include electrical circuit diagram plan
sheet(s).
It is anticipated that six (6) 50 scale plan sheets will be
necessary, including the electrical circuit diagram plan sheet(s).
Contract special provisions and bid item quantities and probable
engineers construction estimates will be provided in accordance
with CaITrans methods and format.
Estimated Plan Sheets: 6
3. Preparation of Coast Highway and Newport Boulevard interchange
lighting plans and documents
This task will involve preparation of interchange lighting
modification plans in accordance with CalTrans Highway Design
Manual and Standard Specifications and Plans. Included in this
task is preparation of an electrical circuit diagram plan sheet.
It is possible that three (3) 50 scale plan sheets will be
necessary, including the electrical circuit diagram sheet.
Contract special provisions and bid items quantities and probable
engineers construction estimates will be provided, using
CalTrans methods and format.
Estimated Plan Sheets: 3
J. Signing, Striping and Detour Plans
Prepare signing and striping plans for the project, including joining
to the existing and proposed roadway west of Orange Street.
Prepare necessary detour and traffic control plans for planned phases
of construction. Plans shall be prepared by a traffic engineer
licensed in the State of California.
1. Prepare 50 scale construction traffic control system plans and
documents
This task is
established as
the initial task to be performed by
HKA since it
is the key to performing
construction methods,
phasing, and
preparation of
other task(s)
plans and documents.
It is intended that a construction phasing and traffic control
system "Concept Plan & Procedure" be prepared and discussed in
as much detail as possible, prior to performing other design
tasks. The "Concept" will be prepared on a base aerial layout
of the project construction limits. RBF or agencies involved in
the project will provide HKA with a reproducible base layout for
preparation of the "Concept Plan & Procedure ".
After tentative approval by City of Newport Beach and
CalTrans, the "Concept Plan & Procedure" will be used to
prepare formal construction traffic control system plans and
documents. During the design phase, problems encountered in
conforming to the "Concept Plan & Procedure" will be coordinated
with all concerned parties.
It is anticipated
that eight (8)
50 scale
traffic control system
plans including
sign /striping
will be
necessary for Coast
Highway, three
(3) 50 scale
plans for
Coast Highway and
Newport Boulevard interchange,
and one
(1) general notes and
detail sheet. In
addition to
these plans, six (6) 20 scale
temporary traffic
signal traffic
control
system plans will be
necessary.
Utilization of CalTrans Manual of Traffic Controls (1985),
Standard Plans, and Standard Specifications will provide the
necessary guidelines and standards for construction contract
plan and document preparation. CalTrans will provide at no
cost, full size reproducible copies of traffic control system
standard plans T10 through T14 for use in contract prepration.
Initial review of the project's construction intent concluded that
the Coast Highway Widening could be done in three (3) phases:
a. Widening on the north side of Coast Highway by restriping
all present lanes southerly of their existing locations.
b. Construction of the ultimate curbed median by lane closure
of the ultimate number one lanes of the 6 -lane divided
street.
C. Resurfacing of all existing lanes.
It is anticipated that existing traffic signals on Coast Highway at
Balboa /Superior, Prospect, and Orange will require temporary
modifications during each construction phase. This can be
accomplished by use of temporary wood pole signal installations
with overhead wiring. Traffic control system phasing of
construction at the Coast Highway and Newport Boulevard
0 0
interchange may necessitate route plans to connecting circulation
facilities.
It is estimated at this time that approximately eighteen (18) plan
sheets (22 "x36" CalTrans contract mylars) of 50 scale traffic
control system plans will be required. This includes an
estimated six (6) 20 scale plan sheets.
Other standard traffic control system plans will consist of five
(5) CalTrans full size Standard Plan sheets T10 -T14 and one (1)
temporary wood signal installation detail sheet. Contract
specifications and bid item quantities and probable engineer's
construction cost estimates will be provided in accordance with
CalTrans methods and format.
Estimated Prepared Plan Sheets: 18 Estimated Standard Plan
Sheets: 6
2. Prepare traffic signing and striping plans and documents
This task will be to document "existing" conditions of
sign /striping in order to determine sign /striping changes during
the "traffic control system" phasing "concept plan & procedure"
prepared in Task 1.
Necessary sign /striping plans will be prepared at 50 scale for
the "ultimate" condition on Pacific Coast Highway, Newport
Boulevard, Orange Street, Prospect Street, and the ramp
interchange. CalTrans' Standard Plans A20 -A and B will be
utilized to document necessary striping details. CalTrans'
"Traffic Manual" will be utilized to document signature.
It is anticipated that nine (9) plan sheets for signing and
striping, quantities, and details will be required for "ultimate"
condition documentation. Interim plans or signing and striping
plan sheets during construction phasing, are included in Task 1.
Construction specifications and bid item quantities and probable
engineer's construction estimate will be provided in accordance
with CalTrans methods and format.
Not included in this task is possible preparation of directional
signage attached to the bridge structure at Coast Highway and
Newport Boulevard interchange.
Estimated Plan Sheets: 9
K. Landscaping
Median landscape and irrigation plans shall be prepared by a licensed
landscape architect. Coordinate selection of plant material with
CalTrans and the City's Parks, Beaches and Recreation Department.
1. Preliminary Design Phase
L.
M
a. Prepare Preliminary Design Plans and Exhibits at 20 scale
with typical sections and details for review and approval by
CalTrans and City of Newport Beach for landscaping of
medians.
b. Coordinate with City of Newport Beach, property owners,
and CalTrans to accommodate landscape treatment adjacent
to proposed sound attenuation walls on the southerly side of
PCH.
For the purpose of this proposal, irrigation for the parkway
landscape areas will be assumed to be a separate system and
maintained by the homeowners.
2. Final Plans
Prepare plans based on the approved preliminary design plans.
These plans will include the following:
a. Hardscape Design (within medians)
b. Irrigation Design - (20 scale)
C. Planting Design - (20 scale)
d. Landscape Construction, Irrigation
scale)
e. Planting & Irrigation Specifications
Estimated Plan Sheets: 18
- (20 scale)
& Planting Details - (10
Coordination and Meetings with Adjacent Property Owners
Coordinate with adjoining property owners for compatible design and
phasing of construction with existing improvements. Special attention
is needed to join the existing commercial improvements in West
Newport as well as for the sound wall aesthetics.
For budgetary purposes, a maximum of eighty (80) manhours with
property owners has been allocated.
Prepare Roadway Improvement Construction Drawings
The final design and construction drawings shall incorporate the
previously approved geometric design prepared as a part of Task B
and all mitigation measures addressed in the EIS. The consultant will
have to review the EIS to insure that the mitigation measures are
adequately incorporated in the final design. Completion of the plans
will also involve coordination with Huntington Beach, Orange County
and CalTrans. The consultant will be required to include applicable
comments necessary to obtain the CalTrans approval.
Improvement Plans will include the following items:
- Roadway Plans at 1 " =50' Scale (includes topography, utilities,
removals and demolition) - Estimated Plan Sheets: 10
W1
0
n
u
- Intersection Detail Plans at 1" =20' Scale for the intersections at
1) Newport Boulevard Interchange; 2) Superior Avenue /Balboa
Boulevard; and 3)Prospect Street, and 4) Orange Street. -
Estimated Plan Sheets: 4
- Typical Cross Sections and Details (includes details for streets
and sound walls). - Estimated Plan Sheets: 4
- Horizontal Control Plans at 1 " =50' Scale - Estimated Plan Sheets:
4
Prepare Construction Specifications
The specifications shall be written to conform with FHWA, CalTrans
and City requirements.
Prepare Construction Cost Estimate
Prepare a detailed construction cost estimate for the project.
P. Coordination and Meeting Attendance with CalTrans, Oran
Provide the necessary coordination with CalTrans personnel. This
item shall include monthly progress reports as well as the development
of and meeting of the target dates set up for the following submittals:
- Plans for Geometric Approval
- Plans for Utility Approval
- Plans for Landscape Approval
- Plans for Traffic Approval
- Plans for Traffic Handling
- Landscape PS & E
- Traffic PS & E
- Design PS & E
Work under this item shall be performed on a time and materials basis
and shall include agency presentations beyond normal processing of
plans and consultation with CalTrans staff by telephone.
For budgetary purposes, a maximum of 12 meetings with CalTrans has
been allocated.
Q. Bidding Process (Budget Item Only)
Prepare a master for bid proposal documents suitable for
reproduction. Assist the City during the bidding process. Provide a
separate fee.
R. Consultation (Budget Item Only)
L
0
Provide consultation during construction. Provide a separate fee
including shop drawing and shoring plan review.
S. As -Built (Budget Item Only)
Prepare as -built construction drawings. Provide a separate fee.
"As- built" information is to be provided by the City of Newport
Beach /CalTrans.
T. Reproductions
Reproductions shall be provided as necessary to complete the project.
They shall be provided at their cost, with an estimate provided and
the understanding taken that the cost over this amount must be
approved in order to be eligible for reimbursement.
i
EXHIBIT "B"
COMPENSATION
Estimated Estimated
Task Manhours Fee
A. Research, Investigation &
Review
85
4,000
B.
"Conceptual" Geometric Design
Plans
440
20,000
C.
Field Survey & Aerial Topographic
Mapping
1. Field Survey
290
14,800
2. Aerial Topography
14,200
3. Potholed Utility Location
Survey
35
1,900
D.
Soils, Geotechnical Investigation &
Pavement Testing
1. Soils & Geotechnical
36,000
2. Pavement Testing & Traffic
Control
14,500
E.
Utility Research & Notification
80
3,000
F.
Right -of -way Investigation &
Legal Descriptions
130
6,400
G.
Sound Wall
1. Exhibit Preparation
60
3,000
2. Design Plans
390
17,500
H.
Drainage
1. Conceptual Preliminary
Plans & Hydrology
580
26,400
2. Final Design Drainage System
885
40,000
I.
Traffic Signal & Street Lighting
1. Traffic Signal Plans &
Documents
200
10,600
Task
Estimated
Manhours
Estimated
Fees
2. Street Lighting & Traffic Signal
Interconnect Plans & Documents
a. Street Light Plans
205
10,500
b. Traffic Signal Interconnect
Plans
45
2,800
3. Coast Hwy & Newport Blvd.
Interchange Lighting Plans
& Documents
135
6,600
i
J.
Signing, Striping & Detour Plans
i
1. Const. Traffic Control
Sys. Plans & Documents
500
26,840
2. Traffic Signing & Striping
Plans & Documents
280
14,850
K.
Landscaping
1. Preliminary Design Phase
110
5,400
2. Final Plans
350
17,000
L.
Coordination and Mtg. with
Adjacent Property Owners
80
4,800
M.
Prepare Roadway Improvement
Final Const. Drawings
1,670
75,000
N.
Prepare Const. Specifications
100
5,800
O.
Prepare Const. Cost Estimate
80
4,000
P.
Coordination & Mtg. Attendance
w /Caltrans, County of Orange
and Huntington Beach
240
14,500
Q.
Bidding Process
(Budget Item Only)
40
2,500
R.
Construction Consultation
(Budget Item Only)
200
11,000
1 S.
As -Built Plan Preparation
As -Built Documentation to
be provided by the City of
Newport Beach.
(Budget Item Only)
350
17,500
0
T. Reproductions
Total Contract Item Fees
(Items A thru P & T)
Total Budget Item Fees
(Items Q thru S)
25,000
$425,390
31,000
Total Budget $456,390
Compensation for the Engineering Plans and Contract Documents will be
based on the charges up to the "not -to- exceed" amount of $400,390
(excluding reproductions) as shown on the following Exhibits "B -1" through
"B -5".
A budget amount of $25,000 is shown to cover the reimbursable cost of
reproductions bringing the total contract amount to $425,390.
Subconsultants performing speciality work on this project and associated
costs to provide these services are as follows:
Task /Item Description
D. Soils, Geotechnical
Investigation & Pavement
1. Soils & Geotechnical
2. Pavement Testing/
Traffic Control
I. Traffic Signal & Street
Lighting
1. Traffic Signal
2. Street Lighting
3. Interchange Lighting
J. Signing, Striping &
Detour Plans
K. Landscaping
Sub -
consultant Estimated Fee
Woodward Clyde $36,000
Consultants
LaBelle - Marvin $14,500
Consultants
Herman Kimmel &
Associates
$10,600
$13,300
$ 6,600
Herman Kimmel & $41,690
Associates
William Yokom $22,400
It is understood that the City of Newport Beach will provide RBF with all
available data and information, such as survey ties, bench marks, previously
approved improvement plans and "as- built" improvement drawings as required
0
EXHIBIT "13-1"
ROBERT BEIN, WILLIAM FROST 8, ASSOCIATES
COMPENSATION SUMMARY
DIRECT LABOR RATE
Principal $ 36.06
Associate 32.21
Project Manager/ Engineer 22.28
Registered Engineer 19.91
Design Engineer 16.94
Senior Draftsperson /Technician 15.22
Draftsperson 11.14
Survey Crew (per man) 21.00
Weighted Hourly Rate 17.33
DIRECT COSTS (Labor)
$17.33/Hr. x 5326 Hours $ 92,300.00
INDIRECT COSTS (Overhead)
@ 128% 118,130.00
Subtotal $210,430.00
DIRECT COSTS
Printing & Reproductions 18,000.00
Aerial Topography 14,200.00
FEE (Profit)
@ 150 31,530.00
TOTAL $274,160.00
• 0
for completion of the work. Further, it is understood that CalTrans will be
responsible for inspection, control of construction payment to the
Contractor, and furnishing plans and specifications to the Contractor.
Any work relating to monumentation construction surveying, utility potholing
or environmental documentation is specifically excluded from the engineering
services proposed herein and, if required, must be contracted for CalTrans
under separate contract or as an addendum to this contract.
Any supplemental work will be accomplished by a separate contract for an
additional fee.
EXHIBIT "B -1"
ROBERT BEIN, WILLIAM FROST &
ASSOCIATES
OVERHEAD ANALYSIS
Percent
DIRECT LABOR
100%
OVERHEAD
Indirect Salaries (Supervision, Clerical,
Administration & Training)
22.10
Payroll Related Costs (FICA, Workers
Compensation, Health Insurance,
Unemployment, Vacation, Holidays,
Sick Leave & Bonuses)
44.2%
Profit Sharing Plans Contribution
4.4%
Outside Services
5.2%
Office Supplies
8.3%
Depreciation and Amortization
6.0%
Automotive
2.2%
Professional Services
1.9%
• Occupancy
12.4%
Insurance
3.3%
i
Telephone
2.5%
Dues and Subscriptions
4.10
Repairs and Maintenance
3.8%
Travel and Related Expenses
6.8%
Miscellaneous
I
0.8%
OVERHEAD TOTAL
128%
0 0
EXHIBIT "B -2"
HERMAN KIMMEL & ASSOCIATES, INC.
COMPENSATION SUMMARY
DIRECT LABOR
Project Engineer
Project Manager
Staff Engineers
Traffic Technicians
Draftsperson & Aides
Clerical
DIRECT COSTS (Labor)
$19.49/Hr. x 1310 Hours
INDIRECT COSTS (Overhead)
@ 149%
Flw ii o
$ 26.04
23.42
19.95
17.85
13.86
12.92
Weighted Hourly Rate $ 19.49
DIRECT .COSTS (Printing & Reproductions)
FEE (Profit)
$63,605 @ 15$
$25,530.00
38,040.00
Subtotal $71-,5-7-0 -O F
4,000.00
9,535.00
Total T7 7,105.00
EXHIBIT "B -2"
HERMAN KIMMEL & ASSOCIATES, INC.
OVERHEAD ANALYSIS
Percent
DIRECT LABOR 100°%
11TTT T T T A T
Indirect Salaries
68%
Payroll Burden
18%
Professional and Consultant Fees
4%
Communications
4%
Occupancy
150
Supplies
4%
Business Insurance
9%
External Relations
Reproduction
4%
Travel & Subsistence
2%
Auto Expense
8%
Data Processing
4%
Depreciation
7%
Taxes & Licenses
Miscellaneous
2%
OVERHEAD TOTAL 149%
EXHIBIT "B -3"
WOODWARD -CLYDE CONSULTANTS
COMPENSATION SUMMARY
(Including Overhead Analysis)
DIRECT LABOR RATE
Principal
$47.16
Senior Associate
35.55
Associate
31.48
Senior Consultant
38.61
Senior Project
25.54
Project
19.49
Assistant Project
16.78
Senior Staff
14.89
Staff
12.12
Technician
13.69
Technical Typist, Technical Assistant,
Illustrator, Reproduction
12.02
Office Assistant
9.13
Weighted Hourly Rate $24.00
DIRECT LABOR
$24.00 /Hr, x 385 Hours $9,240.00
LABOR OVERHEAD
@ 146.3%
GENERAL & ADMINISTRATIVE
@ 15.5%
DIRECT COSTS
(Printing & Reproductions)
(Equipment)
FEE (Profit)
@ 15%
13,520.00
Subtotal $ 22,760.00
3,530.00
Subtotal $2 ,2
1,000.00
5,000.00
3,940.00
Total $36,230.00
EXHIBIT "B -4"
LABELLE - MARVIN
COMPENSATION SUMMARY
(Including Overhead Analysis)
DIRECT LABOR
Project Engineer
Engineering Technician
Draftsperson
Clerical
Weighted Hourly Rate
RATE
$ 26.65
7.27
7.27
10.15
17.50
DIRECT COSTS (Labor)
$17.501Hr, x 180 Hours 3,150.00
INDIRECT COSTS
Employer Benefits @ 27% 850.00
Overhead @ 122.5$ 3,860.00
Subtotal 7,860.00
DIRECT COSTS
Printing & Reproductions 500.00
Equipment & Materials 5,460.00
FEE (Profit)
$7,860 x 15$ 1,180.00
TOTAL 15,000.00
i
r +
DIRECT COSTS (Labor)
$18.66/Hr. x 450 Hours 8,395.00
INDIRECT COSTS (Overhead)
@ 132% 11, 080.00
Subtotal 19,475.00
DIRECT COSTS
Printing & Reproductions 500.00
FEE (Profit)
$17,350 x 15% 2,920.00
TOTAL $22,895.00
EXHIBIT "B -5"
WILLIAM E. YOCOM
COMPENSATION SUMMARY
DIRECT LABOR
RATE
Principal
$ 25.00
Landscape Architect
22.00
Irrigation Specialist
20.00
Draftsperson
16.00
Clerical
10.00
Weighted Hourly Rate
18.66
DIRECT COSTS (Labor)
$18.66/Hr. x 450 Hours 8,395.00
INDIRECT COSTS (Overhead)
@ 132% 11, 080.00
Subtotal 19,475.00
DIRECT COSTS
Printing & Reproductions 500.00
FEE (Profit)
$17,350 x 15% 2,920.00
TOTAL $22,895.00
DIRECT LABOR
OVERHEAD
Indirect Salaries
Payroll Burden
Depreciation
Automotive
Occupancy
Insurance
Communications
Reproduction
Promotional
Miscellaneous
Office Supplies
EXHIBIT "B -5"
WILLIAM E. YOCOM
OVERHEAD ANALYSIS
TOTAL
9
Percent
100%
45%
19%
1%
17%
23%
8%
6%
4%
3%
2%
4%
132%
- PROJECT SCHEDULE
? City of Newport Beach
EXHIBIT "C"
Pacific Coast Inway Widening
Project Mor:Gary Miller
run. time ) )12:01:13 t* 06 -24 -1986 pace 1
- - -- -- -- -- -- - -- - - -- -- --------------- - --
INS 6 7 8 9 9 10 11 1: 12 1 1 2 3 3 4 5 6 6 7
DD 30 21 11 1 22 13 3 24 15 5 26 16 9 30 20 11 1 22 13
YY 86 86 BE 86 66 66 86 86 B6 87 87 87 87 87 87 87 87 67 87
Research, Investigation
k# 114111141111111111411114111. 11411114111 .114111141111141
Geometric Desio_n
11 ��I 11 11 .1 1 11 1 1 4 1 11.14 1 11-1-1 4 1 111 4 1 1 1.1.1 4 1 11-1 4 1 11 i i 4 1
Field Survey 8 Topo (Aerial)
t##�31 4 11-1-1 4 1 11 1 11 t 11.1 4 1 11.14 1 11-1-1 4 1 111 4 1 11-1-1 4 1 11-1 4 1
't 1 1.1 4 1
Field Topo 8 Survey (Field)
111 1 1 411.1.1 4 1.11 11-1.1 A 1 1114 1 1 11.1 4 1 11.1 4 1 111.1 4 1 111 4 1
11 1 1 4 1
Field Survey d Topo (Potholing)
11 1 1.14 11 1.1 4 1 11.1.1
1 1z�1 1 4 1 1 1 14 1 11 1.1 1 t 11 4 1 11 1.1 4 1 11 1 4 l l l i l 4 I
Soils Work
I11:�1411111
II.H 14it114111- 111111-14 1111111iN{111141
Pavement investigation
111 1 14 11 1 14 1 11.1.1 I� 1 4 1 11 14 1 111 1 4 1 111 4 1 11 I i 4 1 11 1 4 i
t 1 14 1
Utility Research
9:#4 14 11.1.1 4 1 11 1 11 11.1 14 1 11 14 1 11.1.1 1 1 1114 1 11 1 14 1 11 14 1
11 1 14 1
Utility Research,Potholing Locations
111 1 1411.1.1 4
1 11 I k 1.1 4 1 1114
1 11 1 14 1 1114 1 11 1 14
1 1114 1
11 1 14 1
Right- of-Way Encmeerinc
t� 1 4 1 1.1 .1
4 1 1 1.1 1 'I 1 1.1 1 4 1 1 114
1 1 111 4 1 1.H 4 1 1 1 1 1 4
1 111 4 1
1 h l •I 4 I
Utility Base Plan
11 1.1 4� 1 1 4 1 111 11 11 1 1 4 1 1114 1 1111 4 1 11.1 4 1 11 1-1 4 1 111 4 1 1 ill 4 1
Sound Wall Exhibits
(1 1 1 1 4 1 1 1 1 1 1 1 1.1.1 4 1 1 1.14 1 11 1 14 1 111 4 1 1 1.1.1 4 1 111 4 1 11 1.1 4 1
Sound Wall Design
1 1 11 1 41 1.1.1 4 1 1 1 1 """' .... '. t ' "( 1 1 14 1 It 1 4 1 1 1 11 4 1
Drainage (Concept)
X 1 11.1.11 11 1 11 1 1 1 14 1 111 1 4 1 111 1 111 14 1 11 11 1 11.1.1 1 1
Drainage (Final)
1111.14111 14 1 111 1 111 14 111.14 111.1 14 1
Traffic Signals
111.1-1 411.1.1 4 1 11.1• 1 11 1 14 1 1014 1 11.1.1 4 1
Lighting
)111.1411 1 1 4 1 11 1 1 111 1 4 1 11.14 1 11.1 1 4 1
Signing d Striping 8 Detours Concept
111 1.1 4 1 1 1.1 -1# **31 11 11 1 1 4 1 1 114 1 1 11 -1 4 I 1 11 4 111 1 1 4 1 111 4 1 11 1 14 1
Sianinc 8 Striping d Detours (Final)
111 1 1411 -1.14 1 11 1 1 11.1.14 1 1114 1 11114 1
Larxlscapinq (Concepts)
111.11411 111 11411114 111114 111.14111.1.14 111141111141
Landscaping (Final)
1111 141 11 14 1 11.1.1111.114 111.114111141111141
Coordination d Mtgs.W/ Prop. Owners
111
1 1411.1 14 I 1 111.14 1 1114 1 11114 1
Roadway Construction Drawings
111.1.1
4 [ 1 1.14 1 111• 1 11.114 1 1114 1 1.H 14 1
Construction Specifications
1111
1411114 1111.11 111 .1 4 1 1114 { 111.14 111 +14 1 1(14 111 114 1
Construction Cost Estimates
1111.1
4111.1 4 1 11 1 11 1 i 1.1 4 1 11 14 1 11.1.1 4 1 11.1.1 4 1 1114 1 11 1.1 4 1
CalTrans /City Plan Review
111.1.1
4 1 1 1 1 1 1.1 4 1 11-1 4 1
1. H-1 4 1
1st Check
111
1.1411114 111.1.11 11114 1 1114 111(14 1 1114 X14 11114 111.11
4 1
1st Check Revisions
I11
1.1 41 11.1 4 1 11.1.1 1 11 1.1 4 1 1 1.14 1 11 1.1 4 1 111 4 1 1 i 14#�11.l 4 1
1 i I-I 4 1
2nd Check
11
1.1.1 411.1.1 4 1 1 1 1 1 i 1 1.1.1 4 1 1 114 1 1 1.1.1 4 1 1 1-1 4 1 1 1+14 i 1 ' I I I 1 1 1.1 4 1
2nd Check Revisions
111
1 1 4111 1 4 1 11.1 11 11.1 1 4 1 1114 1 11 1 1 4 1 111 4 1 11 1 14 1 111 4 1.1: ) 1 4 1
3rd Check
11
(. (l 4 t
1114 1 1 1.1.1 1 1 1.1.1 4 1 1 1.14 1 1 1
I.1 4 1 1 114 1 1 1.1 14 1 11.14 1 11. k�61 I
Final Revisions
1 1
1 HI t
1.1-1 4 1 1 1.1 .1 1 1 1.1.1 4 1 1 1 14 1 1 11.1
A l l 114 1 1 1.1.1 4 1 t1.1 4 1 1 1 1 1 411