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Home My WebLink AboutC-2825(B) - MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road (Engineering Services)AMENDMENT NO.4 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR MACARTHUR BOULEVARD (SR73) WIDENING COAST HIGHWAY (SR1) TO FORD ROAD THIS AMENDMENT NO. 4 TO AGREEMENT, made and entered into this day of 1997, 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 "), is made with reference to the following: RECITALS: A. On November 1, 1993, an Agreement for Professional Engineering Services was entered into by and between CITY and ENGINEER, hereinafter referred to as "AGREEMENT". B. On October 24, 1994, Amendment No. 1 to AGREEMENT was entered into by and between CITY and ENGINEER, hereinafter referred to as "AMENDMENT NO. V. C. On July 25, 1995, Amendment No. 2 to AGREEMENT was entered into by and between CITY and ENGINEER, hereinafter referred to as Amendment No. 2 ". D. On May 20, 1996, Amendment No. 3 to AGREEMENT was entered into by and between CITY and ENGINEER, hereinafter referred to as "AMENDMENT NO. 3 ". E. CITY and ENGINEER mutually desire to further amend the AGREEMENT as provided herein. • . ' • NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in AGREEMENT, AMENDMENT NO. 1. AMENDMENT NO. 2, and AMENDMENT NO. 3, ENGINEER hereby agrees to perform the services and scope of work described in ENGINEER'S letter dated April 21, 1997. This letter proposal is identified as Attachment I and is attached hereto and by this reference made a part hereof. 2. CITY hereby agrees to compensate ENGINEER for the additional services and scope of work in an amount not tkexceed $85,166 as set forth in said Attachment I. 1 Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NOS. 1, 2, and 3 shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.4 to AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: I AN APP IDS TO FORM: 4r City Attorney EN ATTEST: City Clerk 0 BERT �EIN, W LLU M FROST AND ASSOCIATES Micvw - tvO-L April 21, 1997 RTTACHME I_ ROBERT BEIN, WILLIAM FROST & ASSOCIATES PROFESSIONAL ENGINEERS Mr. Gail Pickart Project Management Consultant CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 PLANNERS & SURVEYORS JN 29886 (Addendum No. 7) Subject: Contract Addendum for Additional Professional Engineering Services MacArthur Boulevard Widening Pacific Coast Highway to Ford Road Dear Gail: As we have discussed, Robert Bein, William Frost & Associates has completed work that is outside of our negotiated scope of services. This work effort was completed prior to approval of this extra work request at your direction in order to meet the plan and specifications submittal deadline of April 11, 1997. Generally, this work consisted of additional efforts regarding the drainage plans, grading and removal plans, utility plans, retaining wall plans, traffic signal, pavement delineation/signing plans, preparation of legal descriptions and exhibits, revisions to the specifications, preparation of a visioneering exhibit and additional meeting time. RBF has completed this work as outlined in Exhibit "A" - "Scope of Services ". A summary of professional fees with a detailed breakdown of manhours by personnel classification is provided in Exhibit "B" - "Compensation/Manhours ". This work is a continuation of our original contract approved on November 1, 1993. Professional Service Since 1944 14725 ALTON PARKWAY, IRVINE, CA 92618 -2069 • P,O. BOX 57057, IRVINE, CA 92619 -7057 • 714.472.3505 • FAX 714.472.8373 OFFICES LOCATED THROUGHOUT CALIFORNIA • WEB SITE: w .rbf.com Mr. Gail Pickart • • April 21, 1997 Page 2 We at Robert Bein, William Frost & Associates appreciate this opportunity to be of continuing service to the City of Newport Beach and look forward to the construction phase of this project. Please call me if you have any questions and/or require additional information. Sincerely, I Bruz, P.E. Associate Public Works Engineering M1B:c bp\H:\ GRP3\ PDATA\29886\OFFIMWPDOQ29886.AD7 PC: Accounting (2) Bob Kallenbaugh, RBF Mel Placilla, RBF JN 29886 Robert Bein, William Frost & Astes • Contract Agreement with City of Newport Beach April 21, 1997 EXHIBIT "A" SCOPE OF SERVICES TASK 2.22 STREET IMPROVEMENT PLANS Consultant has completed miscellaneous revisions to the layout plans and the construction detail sheets to accommodate details related to the sidewalk, parkway culverts, the "rock blanket" and revisions necessitated by changes to the stage construction plans. TASK 2.23 GRADING AND REMOVAL PLANS Consultant has revised the grading and removal plans to accommodate revisions requested by Southern California Edison Company, the City of Newport Beach, and Big Canyon Country Club. These revisions included slope modifications on the westerly side of MacArthur Boulevard between stations 170 +00 and 178 +00 to provide access to the Edison power poles. Three (3) grading alternatives were prepared for the grading on the easterly side of MacArthur Boulevard between stations 175 +00 and 190 +00 to accommodate rough grading of a future park site. The elimination of a retaining wall also necessitated grading revisions between stations 156 +00 and 159 +00 on the easterly side of MacArthur Boulevard. Additional revisions included stockpiled materials denotation and miscellaneous minor details. TASK 2.24 TYPICAL SECTIONS Consultant has completed revisions to the typical sections to accommodate the City's request to revise the structural section to a two (2) layer system consisting of asphalt concrete overlaying aggregate base. Previously, as in Segment One, the structural section was four (4) layers (asphalt concrete /aggregate base /asphalt treated permeable base /aggregate subbase). TASK 2.25 DRAINAGE PLANS Consultant has completed revisions to the drainage plans to accommodate five (5) major changes. These changes include: 1. Elimination of the slotted pipe drainage system and replacement with grated inlets /subsurface piping system. 2. Addition of a 60" line to accept drainage from the Harbor View Homes and the potential future Irvine Company development. Revisions to the 72" pipe inlet at approximately station 158 +00. Exhibit "A" JN 29886 Client Initials Page 1 Robert Bein, William Frost & Assetes • Contract Agreement with City of Newport Beach April 21, 1997 EXHIBIT "A" SCOPE OF SERVICES 4. Detailing of two (2) energy dissipation structures with cable railing. Revisions to the Hydrology/Hydraulics Report. TASK 2.26 EROSION CONTROL PLANS Consultant has completed revisions to the erosion control plans to accommodate the additional/revised drainage systems and grading limits. TASK 2.28 PAVEMENT DELINEATION, SIGNING, AND STAGE CONSTRUCTION PLANS Consultant has revised the pavement delineation/signing plans to accommodate striping revisions on MacArthur Boulevard near Ford Road necessitated by recent work completed by California Corridor Constructors (CCC). The work consisted of revising the striping on MacArthur Boulevard for approximately 1/4 mile south of Ford Road to approximately 1/2 mile north of Ford Road. These revisions required one (1) additional plan sheet. In addition, major changes in the northbound right turn and bike lane channelization were made to eliminate the bike lane to the left of the right turn lane. The CCC changes in striping and opening of "new" Bonita Canyon Road also affected other plans, i.e. stage construction and construction area sign plans. TASK 2.29 TRAFFIC SIGNAL PLANS Consultant modified the traffic signal plans at MacArthur Boulevard and Ford Road to accommodate the City's request to remove the Ford Road median left turn 1A pole and use a new large mast arm pole. Striping and loop detection changes were also required on MacArthur Boulevard for the triple to dual left turn lanes. TASK 2.32 LEGAL DESCRIPTIONS Consultant has completed two (2) legal descriptions and exhibits which were delivered to the City on February 28, 1997. These exhibits are as follows: One legal description and exhibit for a proposed park dedication located along the easterly side of MacArthur Boulevard in the City of Newport Beach, lying northerly of Tract No. 14533 M.M. 710/34 -37 and westerly of Tract No. 6938, M.M. 280/5 -8 and westerly of Tract No. 6565, M.M. 257/14 -19. Exhibit "A" JN 29886 Client Initials Page 2 Robert Bein, William Frost & AJOateS • Contract Agreement with City of Newport Beach April 21, 1997 EXHIBIT "A" SCOPE OF SERVICES One legal description and exhibit for a proposed storm drain easement located along the westerly side of MacArthur Boulevard in the City of Newport Beach, lying within Lot 1 of Tract No. 12105 M. M. 553/11 -16. TASK 2.34 UTILITY PLANS Consultant has made modifications to the sewer and water plans to accommodate a request by the Irvine Company to relocate the waterline point of connection and to provide a sewer connection for the potential future development in the southeast quadrant of MacArthur Boulevard and Bonita Canyon Road (Ford Road). The changes included complete relocation of the proposed waterline and the addition of approximately 3001.f. of waterline. One (1) new plan and profile sheet was needed to accommodate the future sanitary sewer connection. TASK 2.35 LANDSCAPE PLANS/VISIONEERING EXHIBIT Consultant has completed revisions to the landscape plans to accommodate the additional slope planting required by the additional/revised grading limits. This task also includes the preparation of (and revisions requested by Big Canyon Country Club) a visioneering exhibit to depict the energy dissipator and surrounding grading in the vicinity of Station 175 +00 adjacent to the Big Canyon Golf Course. TASK 2.36 RETAINING WALL PLANS Consultant has completed changes to the retaining wall plans and details to accommodate changes resulting from elimination of one (1) retaining wall, modifications to one (1) wall and the addition of a retaining wall with cable railing necessary to protect an Edison Company power pole. This task also includes efforts expended by Earth Mechanics, Inc. (Subconsultant) to evaluate geotechnical effects to the lower wall of the two (2) tiered wall system on the easterly side of MacArthur Boulevard. These revisions included the addition of a traffic barrier railing to the wall on the easterly side of MacArthur Boulevard along with tubular metal hand railing changes as well as modifications to the plans and specifications to provide an architectural enhancement to the wall on the easterly side of MacArthur Boulevard. Exhibit "A" JN 29886 Client Initials Page 3 Robert Bein, William Frost & Asotes • Contract Agreement with City of Newport Beach April 21,1997 EXHIBIT "A" SCOPE OF SERVICES TASK 2.38 SPECIFICATIONS Consultant has completed numerous revisions to the specifications to accommodate the plan changes as noted in this addendum. TASK 2.39 MEETINGS Consultant has attended several additional meetings with members of the Big Canyon Country Club Community Association and Southern California Edison Company. Quantity/Cost Estimate revisions are included as a part of each of the above mentioned tasks. Exhibit "A" JN 29886 Client Initials Page 4 0 @ \�7 e|7. F l \ § k �{ !!! )}{ � \ 0 ' 0 - )! ! § } | !� -f`= '• `` � B !!!� �! § ; §�#-- .,Ie |•(! \ ! ■ :E B!•`- !�`�!! ! -, ;,■ _ ! ! / f!!!- § !ee! TO: FROM: DATE: SUBJECT: 0 ! CITY OF NEWPORT PEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 PURCHASING /FINANCE DEPARTMENT CITY CLERK July 25, 1995 Contract No. C- 2825(B) Description of Contract Amendment No. 2 to Engineering Services for MacArthur Boulevard Widening, PCH to Ford Road Effective date of Contract July 25, 1995 Authorized by Minute Action, approved on July 10, 1995 Contract with Robert Bein, William Frost & Associates Address 14725 Alton Parkway P.O. Box 19739 Irvine, CA 92713 -9739 Amount of Contract Wanda E. Raggio City Clerk WER:pm Attachment (See Agreement) 3300 Newport Boulevard, Newport Beach a 0 July 10, 1995 CITY COUNCIL AGENDA ITEM NO. 10 • TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: MACARTHUR BOULEVARD WIDENING PROJECT PACIFIC COAST HIGHWAY TO FORD ROAD (C- 2825)(6) DISCUSSION: BY THE CITY COUNCIL CITY OF NEWPORT BEACH )1.11 1 0 1.485 APPROVED Authorize the Mayor and City Clerk to execute Amendment No. 2 to an Engineering Services Agreement with Robert Bein, William Frost & Associates increasing the compensation amount by $140,461.00 for fees and the budget for reimbursables by $35,000.00. • On October 25, 1993, the City Council approved an Agreement for Professional Engineering Services with Robert Bein, William Frost & Associates (RBF) covering the preparation of plans, specifications, and estimates (PS &E) for the final design of the MacArthur Boulevard Widening project. Two PS &E sets were anticipated for the entire project: one set for Segment 1 extending from Pacific Coast Highway to San Joaquin Hills Road and a second set for Segment 2 extending from San Joaquin Hills Road to Ford Road. The compensation approved for the Agreement's scope of work was $1,090,650.00 which included a Reimbursable Allowance of $10,000.00 to cover the cost of blueprints, computer drafted plots, and other reprographic items. On October 24, 1994, the City Council approved Amendment No. 1 to the above described Engineering Services Agreement with RBF. It identified additional items of work that were beyond the scope contemplated by the initial Agreement dated November 1, 1993. Amendment No. 1 is dated October 26, 1994, and authorized additional compensation of $77,616.00 for professional fees and increased the Reimbursable Allowance by $40,000.00 to a new total of $50,000.00. The new total contract amount became $1,208,266.00 ($1,090,650.00 + $117,616.00). In Exhibit "A" to their letter dated June 27, 1995, RBF listed twelve categories in which work has been done or will need to be accomplished that is beyond the scope of work covered by the initial Agreement and Amendment No. 1. A brief description of the additional • work is as follows: • Perform field topographic surveys for sound walls in Segment 2 for six homes on Port Manleigh Circle. • Design Segment 2 sound walls. • Modify Segment 1 sound wall plans and specifications to form a separate set of bid documents. PV • Revise grading plans to accommodate power I• relocations designed by Southern California Edison for the area northerly of San Joaquin Hills Road both Segments 1 and 2. • Prepare plans and specifications for relocating a leachate discharge pipeline existing in MacArthur Boulevard from Ford Road southerly approximately • 2000 feet. • Modify cross - sections and earthwork quantity computations to be consistent with grading plan revisions. • Prepare fifteen additional legal descriptions to correspond to parcels as identified by Caltrans on right -of -way maps. • Prepare landscaping photo exhibits and attend homeowner group meetings relative to landscaping design and plant materials. • Increase the reimbursables budget based on costs incurred to date The total additional fee amount requested is $140,461.00 and the requested increase to the Reimbursables Allowance is $35,000.00. Approval of Amendment No. 2 will result in a total fee authorization of $1,298,727.00 and a total Reimbursables Allowance of $85,000.00 resulting a new total contract amount of $1,383,727.00. The staff has carefully reviewed the additional work identified by RBF and the corresponding • additional compensation requested. Both appear to be justified and Amendment No. 2 to recommended for approval. Funds are available to cover the additional costs in the current fiscal year budget for capital improvements in the Orange County Combined Transportation Funding Program (OCCTFP) and the Circulation and Transportation Funds. 0&I)L Don Webb Public Works Director GP:kc Attachment s • • • • Robert Bein, William At and Associates Contract Agreement with City of Newport Beach EXHIBIT "A" SCOPE OF SERVICES June 27, 1995 For convenience, the tasks noted below correspond to the work tasks identified in our original MacArthur Boulevard Proposal, dated October 15, 1993. Task 1.2b Field Topographic Surveys Complete a field topographic survey for the proposed soundwall on Port Manleigh. Additional field topographic surveys were completed to stake the proposed curb returns at San Joaquin Hills Road for City and The Irvine Company review. Surveys were also completed to obtain sewer rim and invert elevations for the Baywood Apartments sewer line that traverses through the wildlife crossing. Task 2.15 Sound Wall Plans Consultant shall prepare Sound Wall Plans to provide for construction of sound walls necessary to mitigate the noise impacts resulting from this project as noted in the Environmental Impact Report prepared by others and verified by the Acoustical Analysis. The anticipated extent of the walls is approximately 525 linear feet distributed in one general area along Port Manleigh. The consultant shall conduct the analysis and prepare plans, profiles, and details as necessary for the construction of a masonry sound wall incorporating tempered glass panels to accommodate views. The Caltrans standard sound wall used in Segment 1 will be used for the typical section of the masonry sound wall provided the geotechnical consultant determines the soil parameters are similar to Segment 1. All details including the typical sections shall be duplicates of the appropriate Segment 1 sound walls, and no new structural sections shall be designed. Exhibit "A" Client Initials Consultant revised the previously completed plans for the soundwall at 2825 Harbor View Drive at the request of the City to be in accord with the property owner's request to realign the wall as currently shown on the plans. Consultant revised the Segment 1 soundwall plans to be a "stand alone" bid set as requested by the City. Aside from plan changes, Consultant also prepared a title sheet for the soundwall bid package. JN 29886 Paee 1 Robert Bein, William lost and Associates • June 27, 1995 Contract Agreement with City of Newport Beach Task 2.23 Grading and Removal Plans . Consultant revised the previously prepared grading plans on two (2) separate occasions • along the westerly side of MacArthur Boulevard between Stations 153 +00 and 157 +00 (5% slope area) to accommodate protection of two (2) existing power poles. These poles were originally planned for relocation by Edison. • The base sheets were also revised as a result of the above grading changes for the following plan types: 1. Drainage 2. Erosion Control 3. Highway Planting 4. Irrigation • Consultant revised the previously prepared cross sections as a result of the above grading changes. • Consultant revised the previously calculated earthwork volumes as a result of the above grading changes. Se mg ent 2 • Consultant revised the previously completed grading plans along the westerly side of MacArthur Boulevard between Stations 153 +00 and 160 +00 to accommodate relocation of a power pole at Station 156 +25 (grade a 5% slope combined with a 2:1 from sidewalk until slope daylights) and to provide a 20- foot wide access bench for Edison between Stations 157 +00 and 160 +00. The plans were previously prepared based on early discussions with Edison regarding its requirements. • Consultant also revised the base sheets as a result of the above grading changes for the following plan types: 1. Drainage 2. Erosion Control 3. Highway Planting 4. Irrigation • Consultant revised the previously prepared cross sections as a result of the above grading changes. • Consultant revised the previously calculated earthwork volumes as a result of the above grading changes. Exhibit "A" JN 29886 Client Initials Page 2 • Robert Bein, William Fost and Associates June 27, 1995 Contract Agreement with City of Newport Beach • Consultant revised the plans to accommodate a desilting basin design configured by Adams Streeter Engineering. • Consultant also completed numerous grading revisions requested by the City, such as changes to the "park" area north of the Manning Tract. Task 2.25 Drainage Improvement Plans Consultant revised the Segment 1 Storm Drain Plans to depict a revised storm drain profile (horizontal and vertical) at Station 174 +00 (parksite) based on direction received from the City. Revise the location of local area pick -up points to correspond to new grading plan. Work under this task includes revisions to the storm drain plans, completion of a revised hydraulic analysis and updating the hydraulic basis of design report. Add two additional details to include a 48" manhole and deep manhole landing to detail sheet. • Consultant revised the hydrology/hydraulics and storm drain plans to accommodate the desilting basin design configured by Adams Streeter Engineering. • Task 2.26 Erosion Control Plans & Stormwater Pollution Prevention Plan (SWPPP) Consultant revised the Erosion Control Plan to reflect changes to the parksite area described above as well as changes to the meandering sidewalk at Station 120 +00. Task 2.27 Stage Construction/Traffic Handling Plans and Construction Area Sign Plan Consultant revised the plans to accommodate changes requested by the City and Caltrans for median changes at Harbor View Drive, Avocado Avenue and various restriping and signing changes. Task 2.31 Right -of -Way Maps Consultant prepared an additional fifteen (15) legal descriptions for right -of -way, slope and drainage easements and temporary construction easements that were not anticipated at the time of our proposal. • Consultant completed additional work on the right -of -way maps as requested by the City and Caltrans. This work consisted of: • The addition of existing public right -of -way (100' wide) per Caltrans plus associated tasks (transverses, drafting/revisions, legals, etc.). • Mapping of additional right -of -way parcels at San Miguel Drive and the Manning Tract. Exhibit "A" JN 29886 Client Initials Page 3 Robert Bein, William Ost and Associates 40 June 27, 1995 Contract Agreement with City of Newport Beach • Coordination and checking with Adams Streeter Engineering regarding the Manning Tract legal. • Revised Slope Easement (Desilting Basin). Task 2.34 Utility Plans Waterline Plans Consultant completed numerous revisions to the previously completed waterline improvement plans. Based on direction received from the City utilities department Consultant completed the waterline plans. Subsequently, the utilities department directed Consultant to completely revise the completed plans on two separate occasions. SeweringAltenatives Depending on the existing conditions, there are three (3) alternative methods to achieve relocation of the existing Laidlaw wastewater line. These alternatives are as follows: 1. Divert flow into the lift station with no modifications to the lift station. 2. Divert flow into the lift station and modify the lift station as appropriate. 3. Construct a new "parallel' line that parallels MacArthur Boulevard and discharges into the existing sewer at approximately station 179 +00 / Alternate 1 consists of providing construction plans, specifics and estimates for connecting the wastewater line to the lift station. This alternative can be pursued if existing information can be supplied by the City that clearly shows the lift station has adequate capacity to handle this additional flow (estimated at 25 gpm on an intermittent basis). Alternate 2 consists of providing construction plans, specifications and estimates for connecting the wastewater line to the lift station and modifying the lift station as appropriate. Alternate 3 consists of providing construction plans, specifications and estimates for construction of a "parallel' line to replace the existing line along MacArthur Boulevard. Exhibit "A" IN 29886 Client initials Page 4 • • • Robert Bein, William Fi'6st and Associates June 27, 1995 Contract Agreement with City of Newport Beach Should the City be unable to provide sufficient information to show that the lift station as currently configured can accommodate this additional flow, Consultant shall • complete an investigation /analysis to determine the adequacy of/or necessary modifications required of the existing lift station. Task 2.35 Landscape Plans • Attended a homeowners association meeting on November 19, 1994, and provided additional coordination /issue resolution /plan revisions based on discussions with the City, Caltrans, The Irvine Company and the various homeowners groups. Prepared a photo exhibit for presentation at the November 191h meeting. Theses issues /revisions included numerous discussions, meetings, and plan revisions regarding the plant materials. Consultant and Subconsultant completed numerous revisions to both the planting and irrigation plans to accommodate irrigation services and piping revisions requested by the City. Task 2.36 Retaining Wall Plans • Consultant completed extra work that was not anticipated at the time of our proposal. This extra work is as summarized below: • The type selection report process entailed both a meeting with Caltrans DOS and multiple telephone conversations. The same information brought forth in the meeting was again restated and explained during the telephone conversations. • The foundation of the wall system turned out to be a pile supported wall with unusually high surcharge loading from the upper wall. The site soil conditions are unexpectedly poor due to further research and investigation by the soil engineer. This was not foreseen in the original scope of work and entailed extra design and geotechnical coordination time. • The layout of the extensions for the 800 RCB and the 72" diameter RCP was not calculated. Consultant used survey information and coordinate geometry • to talc in the structures to the intersection of the walls. This was not anticipated in the original scope of work. Exhibit "A" JN 29886 Client Initials Pace 5 Robert Bein, William0st and Associates is June 27, 1995 Contract Agreement with City of Newport Beach Task 2.38 Specifications As a result of the separation of the soundwall plans from the Segment 1 improvement plans, Consultant has prepared a separate specification package for the soundwall • construction. Consultant shall also modify the Segment 1 specifications as a result of the soundwall changes, waterline materials changes and numerous other revisions requested by the City. Task 2.40 Plan Check Approvals and Permits Consultant completed revisions to the various plan sets necessitated by the new edition (1994) of the Newport Beach Standard Plans. Consultant completed numerous revisions to the plans resulting from conflicting direction received from Caltrans and differing of opinions between Caltrans and the City. As a result of the project delays and changes in direction, Consultant has attended numerous unanticipated meetings and has completed additional project management and project coordination activities. Reimbursables Through May 28, 1995, the total reimbursables cost for this project was $68,000. The current reimbursables budget is $50,000. Therefore, the budget has been exceeded by $18,000 as of May 28, 1995. It is anticipated that an additional $17,000 will be needed to complete the project. Therefore, we are requesting an additional $35,000 allocation for reimbursables. This will bring the reimbursables total to $85,000 (about 7% of the professional fees). Exhibit "A" JN 29886 Client Initials Page 6 • • 0 0 ) } {} 0 \! \§ !!l; 0 . ¥ )fR «��J2zzv�l +aZJl444! $] - - - -- E! / \!)ƒ ] .i d 52•. /r4 E,ri =.,.,2� { ;ElEti!)! Ef3� ; »i ! |J! "`�'!!! ±[ °%( *!d! \ / G ` |' � /..l�,r•! l�•• \ ;,•��!!![ |� ;.. . ,,!!`l� !„ ! � . ............... \ / � / \ TTI ! ;!| ! \ 2.�....,.,..... \ / /.....,.... „.., . !! |! �\ }I!� � ! i ! !! • • AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR MACARTHUR BOULEVARD (SR 73) WIDENING COAST HIGHWAY (SR 1) TO FORD ROAD THIS AMENDMENT NO. 2 TO AGREEMENT, made and entered into this day of 41 1995, by and between the CITY OF NEWPORT BEACH, a muni ipal corporation, (hereinafter referred to as "CITY "), and the firm of Robert Bein, William Frost and Associates, a California Corporation, (hereinafter referred to as "ENGINEER "), is made with reference to the following: RECITALS: A. On November 1, 1993, an Agreement for Professional Engineering Services was entered into by and between CITY and ENGINEER, hereinafter referred to as "AGREEMENT". B. On October 24, 1994, Amendment No. 1 to the Agreement for Professional Engineering Services was entered into by and between CITY and ENGINEER, hereinafter referred to as "AMENDMENT NO. 1 ". C. CITY and ENGINEER mutually desire to further amend the AGREEMENT as provide herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in the AGREEMENT and AMENDMENT NO. 1, ENGINEER hereby agrees to perform the services and scope of work as outlined in Exhibit "A" dated June 27, 1995, attached hereto and by this reference made a part hereof. 2. CITY hereby agrees to compensate ENGINEER for the additional services and scope of work in an amount not to exceed $140,461.00 as set forth on Exhibit "B" dated June 26, 1995, attached hereto and by this reference made a part hereof. 3. CITY hereby authorizes an increase of $35,000.00 in the budget established to reimburse ENGINEER for the direct cost of blueprints and other project related reproductions. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NO. 1 shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 to AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: —\A, Mayor APPROVED AS TO FORM: City Attorney ENGINEER BY: 0-e � TiLIY� , Treasurer /Chief Financial Officer Robek Bei , William Frost & Associates ATTEST: 1414e A� City Attorney ENGINEER BY: 0-e � TiLIY� , Treasurer /Chief Financial Officer Robek Bei , William Frost & Associates ATTEST: Robert Bein, William Fie and Associates Contract Agreement with City of Newport Beach EXHIBIT "A" SCOPE OF SERVICES • June 27, 1995 For convenience, the tasks noted below correspond to the work tasks identified in our original MacArthur Boulevard Proposal, dated October 15, 1993. Task 1.2b Field Topographic Surveys Complete a field topographic survey for the proposed soundwall on Port Manleigh. Additional field topographic surveys were completed to stake the proposed curb returns at San Joaquin Hills Road for City and The Irvine Company review. Surveys were also completed to obtain sewer rim and invert elevations for the Baywood Apartments sewer line that traverses through the wildlife crossing. Task 2.15 Sound Wall Plans Consultant shall prepare Sound Wall Plans to provide for construction of sound walls necessary to mitigate the noise impacts resulting from this project as noted in the Environmental Impact Report prepared by others and verified by the Acoustical Analysis. The anticipated extent of the walls is approximately 525 linear feet distributed in one general area along Port Manleigh. The consultant shall conduct the analysis and prepare plans, profiles, and details as necessary for the construction of a masonry sound wall incorporating tempered glass panels to accommodate views. The Caltrans standard sound wall used in Segment 1 will be used for the typical section of the masonry sound wall provided the geotechnical consultant determines the soil parameters are similar to Segment 1. All details including the typical sections shall be duplicates of the appropriate Segment 1 sound walls, and no new structural sections shall be designed. Consultant revised the previously completed plans for the soundwall at 2825 Harbor View Drive at the request of the City to be in accord with the property owner's request to realign the wall as currently shown on the plans. Consultant revised the Segment 1 soundwall plans to be a "stand alone" bid set as requested by the City. Aside from plan changes, Consultant also prepared a title sheet for the soundwall bid package. Exhibit "A" JN 29886 Client Initials _ Page 1 Robert Bein, William Pe and Associates • June 27, 1995 Contract Agreement with City of Newport Beach Task 2.23 Grading and Removal Plans Consultant revised the previously prepared grading plans on two (2) separate occasions along the westerly side of MacArthur Boulevard between Stations 153 +00 and 157 +00 (5% slope area) to accommodate protection of two (2) existing power poles. These poles were originally planned for relocation by Edison. • The base sheets were also revised as a result of the above grading changes for the following plan types: 1. Drainage 2. Erosion Control 3. Highway Planting 4. Irrigation • Consultant revised the previously prepared cross sections as a result of the above grading changes. • Consultant revised the previously calculated earthwork volumes as a result of the above grading changes. Segment 2 • Consultant revised the previously completed grading plans along the westerly side of MacArthur Boulevard between Stations 153 +00 and 160 +00 to accommodate relocation of a power pole at Station 156 +25 (grade a 5% slope combined with a 2:1 from sidewalk until slope daylights) and to provide a 20- foot wide access bench for Edison between Stations 157 +00 and 160 +00. The plans were previously prepared based on early discussions with Edison regarding its requirements. • Consultant also revised the base sheets as a result of the above grading changes for the following plan types: 1. Drainage 2. Erosion Control 3. Highway Planting 4. Irrigation • Consultant revised the previously prepared cross sections as a result of the above grading changes. Consultant revised the previously calculated earthwork volumes as a result of the above grading changes. Exhibit "A" JN 29886 Client Initials _ Page 2 Robert Bein, William Fie and Associates • June 27, 1995 Contract Agreement with City of Newport Beach • Consultant revised the plans to accommodate a desilting basin design configured by Adams Streeter Engineering. • Consultant also completed numerous grading revisions requested by the City, such as changes to the "park" area north of the Manning Tract. Task 2.25 Drainage Improvement Plans Consultant revised the Segment 1 Storm Drain Plans to depict a revised storm drain profile (horizontal and vertical) at Station 174 +00 (parksite) based on direction received from the City. Revise the location of local area pick -up points to correspond to new grading plan. Work under this task includes revisions to the storm drain plans, completion of a revised hydraulic analysis and updating the hydraulic basis of design report. Add two additional details to include a 48" manhole and deep manhole landing to detail sheet. • Consultant revised the hydrology/hydraulics and storm drain plans to accommodate the desilting basin design configured by Adams Streeter Engineering. Task 2.26 Erosion Control Plans & Stormwater Pollution Prevention Plan (SWPPP) Consultant revised the Erosion Control Plan to reflect changes to the parksite area described above as well as changes to the meandering sidewalk at Station 120 +00. Task 2.27 Stage Construction/Traffic Handling Plans and Construction Area Sign Plan Consultant revised the plans to accommodate changes requested by the City and Caltrans for median changes at Harbor View Drive, Avocado Avenue and various restriping and signing changes. Task 2.31 Right -of -Way Maps Consultant prepared an additional fifteen (15) legal descriptions for right -of -way, slope and drainage easements and temporary construction easements that were not anticipated at the time of our proposal. Consultant completed additional work on the right -of -way maps as requested by the City and Caltrans. This work consisted of: • The addition of existing public right -of -way (100' wide) per Caltrans plus associated tasks (transverses, drafting/revisions, legals, etc.). • Mapping of additional right -of -way parcels at San Miguel Drive and the Manning Tract. Exhibit "A" JN 29886 Client Initials _ Page 3 Robert Bein, William Fie and Associates • June 27, 1995 Contract Agreement with City of Newport Beach • Coordination and checking with Adams-Streeter Engineering regarding the Manning Tract legal. • Revised Slope Easement (Desilting Basin). Task 2.34 Utility Plans Waterline Plans Consultant completed numerous revisions to the previously completed waterline improvement plans. Based on direction received from the City utilities department Consultant completed the waterline plans. Subsequently, the utilities department directed Consultant to completely revise the completed plans on two separate occasions. Sewering Alternatives Depending on the existing conditions, there are three (3) alternative methods to achieve relocation of the existing Laidlaw wastewater line. These alternatives are as follows: 1. Divert flow into the lift station with no modifications to the lift station. 2. Divert flow into the lift station and modify the lift station as appropriate. 3. Construct a new "parallel" line that parallels MacArthur Boulevard and discharges into the existing sewer at approximately station 179 +00 / Alternate 1 consists of providing construction plans, specifics and estimates for connecting the wastewater line to the lift station. This alternative can be pursued if existing information can be supplied by the City that clearly shows the lift station has adequate capacity to handle this additional flow (estimated at 25 gpm on an intermittent basis). Alternate 2 consists of providing construction plans, specifications and estimates for connecting the wastewater line to the lift station and modifying the lift station as appropriate. Alternate 3 consists of providing construction plans, specifications and estimates for construction of a "parallel' line to replace the existing line along MacArthur Boulevard. Exhibit "A" JN 29886 Client Initials _ Page 4 Robert Bein, William Fie and Associates June 27, 1995 Contract Agreement with City of Newport Beach Should the City be unable to provide sufficient information to show that the lift station as currently configured can accommodate this additional flow, Consultant shall complete an investigation /analysis to determine the adequacy of/or necessary modifications required of the existing lift station. Task 2.35 Landscape Plans • Attended a homeowners association meeting on November 19, 1994, and provided additional coordination /issue resolution /plan revisions based on discussions with the City, Caltrans, The Irvine Company and the various homeowners groups. Prepared a photo exhibit for presentation at the November 19' meeting. Theses issues /revisions included numerous discussions, meetings, and plan revisions regarding the plant materials. • Consultant and Subconsultant completed numerous revisions to both the planting and irrigation plans to accommodate irrigation services and piping revisions requested by the City. Task 2.36 Retaining Wall Plans Consultant completed extra work that was not anticipated at the time of our proposal. This extra work is as summarized below: • The type selection report process entailed both a meeting with Caltrans DOS and multiple telephone conversations. The same information brought forth in the meeting was again restated and explained during the telephone conversations. • The foundation of the wall system turned out to be a pile supported wall with unusually high surcharge loading from the upper wall. The site soil conditions are unexpectedly poor due to further research and investigation by the soil engineer. This was not foreseen in the original scope of work and entailed extra design and geotechnical coordination time. • The layout of the extensions for the 8x10 RCB and the 72" diameter RCP was not calculated. Consultant used survey information and coordinate geometry to calc in the structures to the intersection of the walls. This was not anticipated in the original scope of work. Exhibit "A" JN 29886 Client Initials _ Page 5 Robert Bein, William I* and Associates June 27, 1995 Contract Agreement with City of Newport Beach Task 2.38 Specifications As a result of the separation of the soundwall plans from the Segment 1 improvement plans, Consultant has prepared a separate specification package for the soundwall construction. Consultant shall also modify the Segment 1 specifications as a result of the soundwall changes, waterline materials changes and numerous other revisions requested by the City. Task 2.40 Plan Check Approvals and Permits Consultant completed revisions to the various plan sets necessitated by the new edition (1994) of the Newport Beach Standard Plans. Consultant completed numerous revisions to the plans resulting from conflicting direction received from Caltrans and differing of opinions between Caltrans and the City. As a result of the project delays and changes in direction, Consultant has attended numerous unanticipated meetings and has completed additional project management and project coordination activities. Reimbursables Through May 28, 1995, the total reimbursables cost for this project was $68,000. The current reimbursables budget is $50,000. Therefore, the budget has been exceeded by $18,000 as of May 28, 1995. It is anticipated that an additional $17,000 will be needed to complete the project. Therefore, we are requesting an additional $35,000 allocation for reimbursables. This will bring the reimbursables total to $85,000 (about 7% of the professional fees). Exhibit "A" JN 29886 Client Initials _ Page 6 �! § | || ! ! f �! �| # a \ 9 � � | |� ! + «; } \ ' �+ �-Q ] \�� //� } � $ C 4 k + % 0 ! CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: October 26, 1994 (714) 644 -3005 SUBJECT: Contract No. C- 2825(B) Description of Contract Amendment No. 1 to Engineering Services for MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road Effective date of Contract October 26 1994 Authorized by Minute Action, approved on October 24 1994 Contract with Robert Bein, William Frost and Associates Address 14725 Alton Parkway P.O. Box 19739 Irvine, CA 92713 -9739 Amount of Contract (See Agreement) GUG� %j'zG� -w 6e Wanda E. Raggio v City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach October 24, 1994 CITY COUNCIL AGENDA ITEM NO.____14 ____ • TO: Mayor and Members of the City Council FROM: Public Works Department OCT 2 4199A SUBJECT: MACARTHUR BOULEVARD WIDENING A PACIFIC COAST HIGHWAY TO FORD ROAD (C -2825) MWED RECOMMENDATIONS: 1. Authorize the Mayor and City Clerk to execute an Amendment to an Engineering Services Agreement with Robert Bein, William L-Z�ZS(B� Frost & Associates increasing the compensation amount by $77,616.00 for fees and the reimbursable budget by $40,000.00. 2. Authorize the Mayor and the City Clerk to execute a three -party Memorandum of Agreement Regarding Future Bison Avenue with C-2002 _%N San Joaquin Hills Transportation Corridor Agency and California Corridor Constructors. • DISCUSSION: Engineering Services Agreement Amendment On October 25, 1993, the City Council authorized the Mayor and City Clerk to execute an Agreement for Professional Engineering Services with Robert Bein, William Frost & Associates covering the preparation of plans, specifications, and estimates (PS &E) for the MacArthur Boulevard Widening project extending from Pacific Coast Highway to Ford Road. The Agreement was executed as authorized and is dated November 1, 1993. The compensation approved for the Agreement's scope of work was $1,090,650.00 which included a Reimbursable Allowance of $10,000.00 to cover the cost of blueprints and other reprographics items. Design work for the first construction segment (Pacific Coast Highway to approximately 1000 feet northerly of San Joaquin Hills Road) is substantially completed. A "70% submittal" was made to Caltrans on June 24, 1994, comments have been received, and the "100% submittal" was made during the week of October 17, 1994. • The present schedule is to advertise for construction bids in December 1994 with construction work to begin in March 1995. It is possible, however, that providing satisfactory right -of -way certification and finalizing landscaping design may delay the schedule four to six weeks. Design work for the second segment of construction (1000 feet northerly of San Joaquin Hills Road to Ford Road) is more than 50% complete and a "70% submittal" to Caltrans is anticipated approximately December 1, 1994. Measure "M" funds for constructing this second segment of MacArthur Boulevard are expected in F.Y. 1995 -1996 or F.Y. 1996 -1997 at the latest. i SUBJECT: MACARTHUR BOULEVARD WIDENING PACIFIC COAST HIGHWAY TO FORD ROAD (C -2825) October 24, 1994 Page 2 During the course of performing the design work, items of work beyond the • scope included in the original Agreement became apparent and need to be completed. Included in these additional work items are water main extensions to provide landscaping irrigation services, design of pile foundations for sound walls, traffic control plans for a fourth construction stage, and design of a storm water retention basin because of downstream constraints. The Public Works Department staff believes that the additional work items are justified and that the additional compensation amount of $77,616.00 requested by RBF is warranted. The cost of reprographics reimbursables was under - budgeted and needs to be increased by $40,000.00 to cover the actual costs being incurred. Funds to cover the additional fees and reimbursables totaling $117,61 6.00 are currently available from Measure "M" Account No. 7281 P 301 066 in the amount of $75,000.00 and Gas Tax Account No. 7181 P 301 066 in the amount of $45,000.00. Memorandum of Agreement Regarding Future Bison Avenue After the San Joaquin Hills Transportation Corridor Agency and California Corridor Constructors (the TCA's design -build contractor) had obtained permits • from the U.S. Army Corps of Engineers and California Department of Fish and Game for corridor construction, the need arose to widen MacArthur Boulevard for a continuous third northbound lane between Ford Road and Bison Avenue as well as to grade for the extension of Bison Avenue easterly of MacArthur Boulevard. Because of the integral relationship to the City's MacArthur Boulevard Widening project, the staff volunteered to include those areas in the permit applications processed with those same federal and state agencies for the City's project. Those permits and agreements are now in place and contain mitigation obligations for habitat replacement at various locations. As far as the federal and state agencies are concerned, the City of Newport Beach is responsible for satisfying all of the terms and conditions included under the respective permits and agreements. Both the TCA and CCC are willing and prepared to fulfill all the obligations that pertain to the MacArthur Boulevard Widening northerly of Ford Road and to the Bison Avenue extension. The Memorandum of Agreement is written acknowledgment of this unique situation and assures the City of Newport Beach that the TCA and CCC will meet their commitments. Mutual benefits accrue to all the parties as a consequence of the cooperation that this Agreement represents. • C6�_, "/L Don Webb Public Works Director JW:so Attachment i 0 C azs -(,BJ AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR MACARTHUR BOULEVARD (SR 73) WIDENING COAST HIGHWAY (SR 1) TO FORD ROAD THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this c:�Iay of ec�e' ,1994, 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 "), is made with reference to the following: RECITALS: A. On November 1, 1993, an Agreement for Professional Engineering Services was entered into by and between CITY and ENGINEER, hereinafter referred to as "AGREEMENT" B. CITY and ENGINEER mutually desire to amend the AGREEMENT as provide herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in the AGREEMENT, ENGINEER hereby agrees to perform the services and scope of work as outlined in Exhibit "A" dated August 31, 1994, attached hereto and by this reference made a part hereof. 2. CITY hereby agrees to compensate ENGINEER for the additional services and scope of work in an amount not to exceed $77,616.00 as set forth on Exhibit "B" dated August 31, 1994, attached hereto and by this reference made a part hereof. 3. CITY hereby authorizes an increase of $40,000.00 in the budget established to reimburse ENGINEER for the direct cost of blueprints and other project related reproductions. 0 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 TO AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation APPROVED AS TO FORM: 1' ✓ Ci y Attorney ENGINEER BY: Robert Bein, illiam Frost & Associates ATTEST: Robert Bein, William lot and Associates Contract Agreement with City of Newport Beach EXHIBIT "A" SCOPE OF SERVICES 0 August 31, 1994 For convenience, the tasks noted below correspond to the work tasks identified in our original MacArthur Boulevard Proposal, dated October 15, 1993. PHASE 1 - GEOMETRIC APPROVAL PLANS Task 1.3 Geotechnical Investigation Earth Mechanics, Inc. (EMI) has completed revisions to recommendations contained in the Draft Materials Report dated May 25, 1994. The revisions were required as a result of the decision to construct the Segment 1 soundwalls on CIDH pile foundations in lieu of spread footings in order to minimize excavation and disturbance to the adjacent landscaping. EMI has completed the following work for this task: • Review of the subsurface information and configuration of the four sound walls to determine whether or not the Caltrans "Sound Wall - Masonry Block on Pile Cap" details are applicable for these locations. • A portion of one of the walls at the Baywood Apartments is actually a sound wall on a retaining wall and site specific geotechnical parameters were needed for foundation design. These parameters included axial and lateral pile capacities and static and seismic lateral earth pressures. Products: • Memorandums outlining additional geotechnical design criteria. Task 1.12 Final Noise Study Report LSA has completed precise noise forecasts at the back yard of the private residence on Windover Drive, one house removed from MacArthur Boulevard. The purpose of this effort was to refine noise mitigation requirements at this specific location. Existing and forecast noise levels using CNEL and Leq criteria were forecast using calibration data taken along Surfline Drive. No new noise measurements were taken. LSA has determined that future noise levels associated with this project will not exceed federal standards for this location and therefore states that a sound wall is not warranted for this residence. Products: • Letter report outlining recommended mitigation. Exhibit "A" JN 29886 Client Initials _ Page 1 Robert Bein, William Ot and Associates • August 31, 1994 Contract Agreement with City of Newport Beach PHASE 2 - FINAL PLANS, SPECIFICATIONS AND ESTIMATES (SEGMENT 1) Task 2-1 Street Improvement Plans At the direction of the City, Consultant has completed revisions to the layout plans to incorporate construction of a meandering sidewalk on the easterly side of MacArthur Boulevard between Harbor View Drive and the prolongation of Crown Drive. This task also includes revisions to the superelevation rate on southbound MacArthur Boulevard between San Joaquin Hills Road and San Miguel Drive from 2% to 4 %. Products. • Exhibits showing preliminary layout, grading and cross sections of the meandering sidewalk. • Modifications to the layout plans to incorporate the meandering sidewalk. • Modifications to the profiles and typical sections to accommodate the revised superelevation rate. " Task 2.2 Grading and Removal Plans Consultant has completed revisions to the grading and removal plans to incorporate construction of the meandering sidewalk noted in Task 2.1 above. Also included as a part of this task are completed revisions to the grading to accommodate City requested slope changes throughout Segment 1. Additionally, an exhibit was prepared for Southern California Edison use depicting potential pole relocations and necessary grading revisions to accommodate access to the poles. Products. • Modifications to the grading and removal plans to accommodate the meandering sidewalk, revised superelevation rate, revised slope grading and SCE pole access. • SCE pole relocation and grading exhibit. Task 2.4 Drainage Improvement Plans Consultant shall expand the scope of work throughout the limits of Segment 1 of the project to include removal and replacement of existing CSP within the project limits as directed by the City. The purpose of this change is to replace aged conduit that may have little useful remaining service life. The Consultant shall also develop a revised drainage scheme to accommodate the new entry monument configuration at the intersection of MacArthur Boulevard and San Miguel Drive. This work shall include revising the project hydrology and hydraulics study to reflect the preferred grading design. A new inlet and lateral system will be designed to intercept storm water in this area. Finally, inlets will be added in the vicinity Exhibit "A" JN 29886 Client Initials _ Page 2 Robert Bein, William lot and Associates • August 31, 1994 Contract Agreement with City of Newport Beach of Station 114 +00 to Station 121+00 to accommodate a new drainage swale added behind the sidewalk. The project hydrology and hydraulic report will be updated to reflect this change. Products: • Revised Hydrology /Hydraulics Report • Revised Storm Drain Improvement Plans Task 2.6 Stage Construction/Traffic Handling Plans and Construction Area Sign Plans Consultant has completed revisions to the stage construction /traffic handling plans for Segment 1 to incorporate a 4' wide right shoulder in each direction, for each stage of construction. This revision, in accordance with a change in direction received from the City on May 5, 1994, required the redesign of the previously completed and City approved construction concept from a three stage scheme, to four stages. In addition, both stages one and two required redrafting. Products: • Modifications to the Stage Construction /Traffic Handling Plans to accommodate 4' right shoulders in all stages. Task 2.8 Traffic Signal Plans Non - standard traffic signal poles will be required for 60 and 65 foot mastarm lengths in order to comply with Caltrans' requirements of left turn indication in the center of the dual left turn lanes on MacArthur Boulevard. Valmont Industries, Inc. of Valley, Nebraska has provided Consultant with shop drawings and pole design calculations for review and approval by the Caltrans Structural Design Section. Additionally, Consultant shall prepare pole foundation design calculations and details. These calculations and details will also be submitted for Caltrans' review and approval. Consultant intends to specify on the plans and in the special provisions that the poles be manufactured by Valmont Industries, Inc. or approved equal. Consultant shall coordinate submittals of all data and plans with Caltrans and requested changes with the pole manufacturer. It is understood that approval of the pole and foundation designs is required by Caltrans before Caltrans will issue an encroachment permit for construction of the project. Upon Caltrans' approval of the shop drawings and foundation design, Consultant shall incorporate the appropriate details and drawings into the construction plans and special provisions. Products: • Shop drawings, details and foundation design calculations for use of 60 and 65 foot mastarm poles • Plans and specifications for the construction of 60 and 65 foot mastarm poles Exhibit "A" JN 29886 Client Initials _ Page 3 Robert Bein, William At and Associates • August 31, 1994 Contract Agreement with City of Newport Beach Task 212 Cross Sections Consultant has completed revisions to the cross sections to accommodate the meandering sidewalk noted in Task 2.1 above, the revised superelevation rate between stations 132 +73.53 and 141 +99.53, and changes to the roadway side slopes. Products: • Cross Section Revisions Task 213 Utility Location Plans Consultant shall prepare improvement plans for construction of waterlines as shown on exhibits prepared by the City and received by RBF on August 15, 1994. Specifically, the work will consist of the following: • Construction of two (2) water services and meters stubbed out from the existing 6" ACP waterline in Sea Lane. • Construction of approximately 700 linear feet of 8" ACP waterline to connect the existing 6" ACP "deadend" waterline in San Miguel Drive, east of MacArthur Boulevard to the 12" ACP waterline in Avocado Avenue. • Construction of approximately 700 linear feet of 8" ACP waterline to connect the 8" ACP waterline in Alderwood Drive (Baywood Apartments) to the 16" MLCCSP waterline in San Joaquin Hills Road. The plans will include details to install meters, services, fire hydrants, valves and other appurtenances necessary for a complete and operable water system. In accordance with our discussions, it is understood that profiles will not be required. Products: • Waterline Improvement Plans (3 sheets) Task 214 Landscape Plans Conceptual Landscape Plans At the direction of the city, Consultant has revised the conceptual landscape plan to incorporate revisions requested by the City, Caltrans, The Irvine Company and The Harbor View Hills Homeowner Association. These revisions include modifying the plant materials palette, changes in the limit of work as they relate to changes in the grading plan, design of palm tree clusters located at the intersections of Pacific Coast Highway, San Miguel and San Joaquin Hills Road and design of entry for the Harbor View Hills neighborhood. Products: • Revised conceptual landscape plan on 1" = 40' grading and removal plans. Exhibit "A^ JN 29886 Client Initials _ Page 4 Robert Bein, William At and Associates � August 31, 1994 Contract Agreement with City of Newport Beach Landscape Construction Plans Consultant shall incorporate conceptual landscape plan revisions into the landscape constructions plans. The construction plans will include detailed planting and irrigation plans for the intersections of Pacific Coast Highway, San Miguel Road and San Joaquin Hills Road. The detail sheets will be prepared at a minimum scale of 1" = 20' and include precise information system and transplanting of palm trees. These plans shall also include electrical system modifications to relocate the landscape uplighting and the lighted Fashion Island signs. Also included as a part of this task are three (3) "visioneering" exhibits that were prepared to depict the proposed MacArthur Boulevard adjacent to the Harbor View Hills neighborhood. Products. • One irrigation plan and one planting plan sheet each for the intersections of Pacific Coast Highway, San Miguel Road and San Joaquin Hills Road (6 sheets) • Landscape Electrical Plans (2 sheets) • Three (3) Visioneering Exhibits Task 2.15 Sound Wall Plans Consultant shall prepare details as necessary for construction of a retaining wall for the emergency access gate at the Baywood Apartments. This retaining wall will allow the gate to return into an existing berm, avoiding complete removal of the berm. Details of the access gate will be shown schematically on the plans and the Contractor will be required to submit a shop drawing of the gate that meets the performance specifications. Products. • Retaining Wall Plan and Details (1 sheet) PHASE 2 - FINAL PLANS, SPECIFICATIONS AND ESTIMATES (SEGMENT 2) Task 2.23 Grading and Removal Plans Upper Big Canyon Wash Wall and Grading Studies Consultant has completed preliminary studies of six (6) alternative grading and retaining wall schemes through Upper Big Canyon Wash. All of the schemes consisted of : i. Construction of a "two- tier" retaining wall system of differing lengths and alignments; ii. Provision of a bench for wildlife movement /maintenance access; iii. Extension of the existing wildlife crossing; iv. Extension of the existing storm drain in the canyon floor; V. Examination of impacts to the wetland habitat; Exhibit "A" JN 29886 Client Initials _ Page 5 Robert Bein, William At and Associates August 31, 1994 Contract Agreement with City of Newport Beach vi. Interface with the slope grading and terrace drain system proposed for Tract No. 14533 (Manning); viii. Calculation of the difference in quantities of wall required for each scheme. A summary of the significant features of the six schemes that were studied follows: i. Lower wall angled away from MacArthur Boulevard about 10 feet north of storm drain inlet and "sharp cornered" slope supporting Lot No. 1 of the housing tract; ii. Two walls parallel to MacArthur Boulevard and minimal regrading to the proposed slope supporting the Manning Tract; iii. Curved extension of storm drain, angle in lower wall at storm drain and "gentle" regrading of the proposed slope supporting the Manning Tract; iv. Two parallel walls and minimal regrading of the proposed slope supporting the Manning Tract. Elimination of the wildlife access bench from the northerly approach to the wildlife crossing; V. Curved extension of storm drain, angle in wall at storm drain, provision of continuous bench for wildlife movement /maintenance access along walls; provision of earthen bench adjacent to terrace drain for wildlife movement and gentle regrading of the proposed slope supporting the Manning Tract (This is the alternative that was selected by the City); vi. Elimination of the majority of the lower wall by filling over a portion of the existing streambed and regrading an earthen channel in the canyon floor. The products delivered for the various alternatives included wall profiles, layouts cross - sections and contour grading on separate 24 "06' plots for one alternative and transparent overlays for the other alternatives. Also, an exhibit of the City selected alternative was prepared. Grading Alternatives for Area Adjacent to Park Site Consultant has completed two (2) alternate conceptual grading studies for the area northerly of the proposed park at the northerly end of the Manning Tract. One alternate created a flat area gently sloping upward at approximately six (6) percent from the elevation of MacArthur Boulevard while the other alternate created a flat area roughly at the same elevation of the proposed park site. The products delivered included transparent overlays of the two conceptual grading alternates. Consultant shall also revise the existing base topography to include changes resulting from construction of Tract 14533 and reconstruction of the Ford Road /MacArthur Boulevard Intersection. Digital information received from Adams • Streeter and IWA will be utilized to modify our existing base topography. Products. • Grading revisions which include several exhibits as noted above • Modifications to the base topographic information Exhibit "A" JN 29886 Client Initials _ Page 6 Robert Bein, William Ot and Associates s August 31, 1994 Contract Agreement with City of Newport Beach Task 225 Drainage Improvement Plans Consultant shall complete a hydraulic analysis and prepare plans for the construction of an approximately 4 acre -feet detention basin(s) to replace the existing deficient detention basin at Station 194 +00. Work will include a hydraulic analysis of the downstream storm drain system to the golf course outlet and routing calculations for the proposed detention facility. Improvement plans will be prepared showing the proposed basin and basin grading, the basin inlet and outlet structures and appurtenances. Consultant shall also prepare improvement plans to construct about 200 lineal feet of 72" RCP for an existing storm drain system at about Station 173 +00. Work will include design of a lateral system for local drainage of the newly filled area and hydraulic support calculations for the mainline and lateral system. Finally, work under this task will include the addition of inlet locations to serve the back of walk swale from about Station 160 +00 to Station 170 +00. Products. • Detention Basin Plans and Details (2 sheets) • Storm Drain Improvement Plans (1 sheet) Task 234 Utility Location Plans Consultant shall prepare improvement plans for construction of a waterline as shown on the exhibit prepared by the City and received by RBF on August 15, 1994. Also included as a part of this task is the realignment of the Baywood Apartments sewer which passes through the wildlife crossing. Specifically, the work will consist of the following: • Extending the existing 8" ACP waterline in Bay Hill Drive (Big Canyon Villas) approximately 200 linear feet easterly across MacArthur Boulevard. • Construction of two (2) water services and meters and a fire hydrant assembly. • Realignment of the Baywood Apartments sewerline The plans will include details to install meters, services, fire hydrants, valves and other appurtenances necessary for complete and operable water and sewer systems. In accordance with our discussions, it is understood that profiles will not be required for either the waterline or the sewerline. Products. • Exhibit "A" Client Initials _ Waterline Improvement Plans (1 sheet) Sewerline Relocation Plan (1 sheet) JN 29886 Page 7 'd al $11 $l 91 5H al al al al al al 81 91 51 0 0 0 0 E 0 20 'd al $11 $l 91 5H al al al al al al 81 91 51 E 0 20 CITY 8F NEWPORT BEA CH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 T0: FINANCE DIRECTOR FROM: CITY CLERK DATE: November 1, 1993 (714) 644 -3005 SUBJECT: Contract No. C- 2825(B) Description of Contract Engineering Services for MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road Effective date of Contract November 1, 1993 Authorized by Minute Action, approved on October 25, 1993 Contract with Robert Bein, William Frost and Associates Address 14725 Alton Parkway P.O. Box 19739 Irvine, CA 92713 -9739 Amount of Contract (See Agreement) "X� 6 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach BY THE C! r.' CC:, CITY OF NEWPORT BEACH October 25, 1993 CITY COUNCIL AGENDA ITEM NO. 1 APPROVED ( ) C_ 2f TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: MACARTHUR BOULEVARD WIDENING, PACIFIC COAST HIGHWAY TO FORD ROAD ENGINEERING SERVICES AGREEMENT (C -2825) RECOMMENDATION: Authorize the Mayor and City Clerk to execute an Engineering Services Agreement with Robert Bein, William Frost and Associates. DISCUSSION: On December 13, 1989 Caltrans, The Cities of Newport Beach and Irvine, the San Joaquin Hills Transportation Corridor Agency, and The Irvine Company executed a Memorandum of • Understanding establishing a framework for Project Development for MacArthur Boulevard widening and Bison Avenue extension. Since that time the Project Study Report (PSR) was approved by Caltrans on July 7, 1991, Final Environmental Impact Report No. 150 (SCH No. 91031018) was certified by the City of Newport Beach on April 13, 1992, a Project Scope Summary Report (PSSR) for pavement rehabilitation was approved by Caltrans on June 29, 1993, and a cooperative agreement between Caltrans and the City of Newport Beach, providing for the City to design project improvements with Caltrans oversight was executed on June 14, 1993. The Project Report (P.R.) is presently being reviewed by Caltrans and approval is anticipated this month. On March 22, 1993 the City Council adopted a resolution requesting funds for the project under the County -wide Measure "M" funding program. The Orange County Transportation Authority (OCTA) approved the Measure "M" funding program in July 1993 and notified the City that funds for design of the MacArthur Boulevard Improvements and construction of the first phase project, improvements from Coast Highway to San Joaquin Hills Road, were approved as follows: • 1993/94 F.Y. OCTA $625,000 (Design) City /Local Agency 625,000 Total $1,250,000 1994/95 F.Y. OCTA $2,390,000 (Phase I Const.) City /Local Agency 2,390.000 Total $4,780,000 0 0 Subject: MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road Engineering Services Agreement (C -2825) October 25, 1993 Page 2 The Measure "M" funding program provides for funding applications in two year intervals. Funds for MacArthur Boulevard Phase II Construction, improvements from San Joaquin Hills Road to Ford Road, are estimated to be $7,055,000 and will be requested from OCTA in the next round of Measure "M" funding request applications scheduled in early 1995. Project scheduling is for completion of design with Caltrans approval of the final plans and specifications by September 1994. A contract for construction of the first phase project, improvements from Coast Highway to San Joaquin Hills road, will be advertised late in 1994 with completion by mid 1995. Construction of the second phase project, improvement from San Joaquin Hills Road to Ford Road, will depend upon OCTA approval of the City's next Measure "M" application. Approval for that project is anticipated, and would provide for construction in either the 1995/96 or 1996/97 fiscal year. The San Joaquin Hills Transportation Corridor Agency is currently preparing plans to realign Ford Road. Those plans provide for improvements to the Ford Road /MacArthur Boulevard Intersection and widening along the east side of MacArthur Boulevard to provide 3 northbound lanes from Ford Road to Bison Avenue. It is anticipated that those improvements will be completed prior to the city's second phase project. The improvements to MacArthur Boulevard from Coast Highway to just south of San Miguel Drive will provide for 4 travel lanes, 2 emergency parking /bike lanes and a wide median which may accommodate 2 additional travel lanes in the future. The widening in this reach of MacArthur Boulevard will be west of the current alignment with the roadway lowered approximately 13 feet in the vicinity of Crown Drive. Between just southerly of San Miguel Drive and Ford Road, the improvements will provide for 6 travel lanes and 2 emergency parking /bike lanes. The portions of the existing pavement which remain a part of the new roadway will be overlayed or replaced if necessary along the entire length of the project. In addition, the project will provide for new curb, gutter, 12' wide sidewalks on both sides of the roadway, curb access ramps, a raised landscaped median, left turn lanes at major intersections, drainage improvements, sound walls along portions of the easterly side of the roadway, retaining walls where necessary, bus stops on both sides of the roadway, a new traffic signal, modification of existing traffic signals and street and safety lighting. A Caltrans contribution to the costs attributable to pavement rehabilitation is anticipated, however the amount is not yet known. The future cooperative agreement with Caltrans for construction of the project will include this item. • • Subject: MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road Engineering Services Agreement (C -2825) October 25, 1993 • Page 2 The Measure "M" funding program provides for funding applications in two year intervals. Funds for MacArthur Boulevard Phase II Construction, improvements from San Joaquin Hills Road to Ford Road, are estimated to be $7,055,000 and will be requested from OCTA in the next round of Measure "M" funding request applications scheduled in early 1995. Project scheduling is for completion of design with Caltrans approval of the final plans and specifications by September 1994. A contract for construction of the first phase project, improvements from Coast Highway to San Joaquin Hills road, will be advertised late in 1994 with completion by mid 1995. Construction of the second phase project, improvement from San Joaquin Hills Road to Ford Road, will depend upon OCTA approval of the City's next Measure "M" application. Approval for that project is anticipated, and would provide for construction in either the 1995/96 or 1996/97 fiscal year. The San Joaquin Hills Transportation Corridor Agency is • currently preparing plans to realign Ford Road. Those plans provide for improvements to the Ford Road /MacArthur Boulevard Intersection and widening along the east side of MacArthur Boulevard to provide 3 northbound lanes from Ford Road to Bison Avenue. It is anticipated that those improvements will be completed prior to the city's second phase project. The improvements to MacArthur Boulevard from Coast Highway to San Miguel Road will provide for 4 travel lanes, 2 emergency parking /bike lanes and a wide median which may accommodate 2 additional travel lanes in the future. The widening in this reach of MacArthur Boulevard will be west of the current alignment with the roadway lowered approximately 13 feet in the vicinity of Crown Drive. Between San Miguel Road and Ford Road, the improvements will provide for 6 travel lanes and 2 emergency parking /bike lanes. The portions of the existing pavement which remain a part of the new roadway will be overlayed or replaced if necessary along the entire length of the project. In addition, the project will provide for new curb, gutter, 12' wide sidewalks on both sides of the roadway, curb access ramps, a raised landscaped median, left turn lanes at major intersections, drainage • improvements, sound walls along portions of the easterly side of the roadway, retaining walls where necessary, bus stops on both sides of the roadway, a new traffic signal, modification of existing traffic signals and street and safety lighting. A Caltrans contribution to the costs attributable to pavement rehabilitation is anticipated, however the amount is not yet known. The future cooperative agreement with Caltrans for construction of the project will include this item. Subject: MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road Engineering Services Agreement (C -2825) October 25, 1993 Page 3 If possible, it is desired to complete both the widening • work and the rehabilitation of all remaining existing pavement prior to completion of the San Joaquin Hills Transportation Corridor (SJHTC). When the SJHTC has been opened to service, it is anticipated that Caltrans will initiate the process of relinquishing MacArthur Boulevard to the local agencies. During the hearings on the environmental document considerable input was received concerning the construction of a bike /pedestrian bridge at the extension of Crown Drive. Opponents of the bridge were primarily concerned with view obstruction from their homes and MacArthur Boulevard. They also expressed concerns about cost and who would benefit from the bridge as well as concerns with the increased access to their neighborhoods for people from outside the community. Proponents of the bridge support improved access to Newport Center, Fashion Island, and the Library site. The City Council approved the EIR without taking a position on the bridge. It was felt that the community did not have sufficient information to make a determination on whether or not a bridge is needed. Another issue related to the bridge is the • need for the Harbor View Drive traffic signal if a bridge is constructed. As part of the Scope of Services for this Engineering Services Agreement, the Consultant will prepare an information program to receive comments and provide input to the public on the pros and cons of a bridge. Workshops and public meetings will be scheduled to present site plans and view analysis studies of the bridge. A presentation will be made to the City Council so that the Council can make a final determination on construction of the bridge. If the City Council approves construction of the bridge, an amendment to this Engineering Services Agreement will be required to provide for design of the bridge. Alternatively, a different consultant specializing in bridge design might be chosen. Design fees for the bridge are estimated at $60,000 and construction of the bridge is estimated at $300,000. Actual design costs will be determined after the Consultant completes the bridge study and the City Council makes a final determination on construction. Both design costs and construction costs for OCTA share have been provided for in the approved Measure "M" funding. The City's share of the design costs would require a budget amendment. As required by State law, a "qualifications based" • consultant selection process was initiated. Terms of the City's Agreement with Caltrans for oversight of MacArthur Boulevard design provided for Caltrans to participate in the process. With Caltrans concurrence, City staff chose the "two step, RFQ /RFP" (Request for Qualifications followed by a Request for Proposal and Negotiations) method of selection. This method requires more work and time than 0 Subject: MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road Engineering Services Agreement (C -2825) October 25, 1993 • Page 4 other methods. It was felt that the substantial design fee, and the large number of firms interested in the project, warranted the additional effort. This process required consultants to submit a Statement of Interest and Qualifications in response to the City's Request for Qualifications. The consultant's letters of interest and qualifications were reviewed by a selection committee and a short -list of the most qualified consultants were then requested to submit a technical proposal. The selection committee also elected to interview the short - listed consultants. The consultant interview teams were limited to just one principal of the firm, the project manager and pertinent design personnel. The selection committee completed interviews, selected the most - qualified consultant and City staff initiated negotiations with that consultant to finalize a Scope of Services and Fee. The City received letters of interest and qualifications from 38 engineering firms. The submittals were reviewed with special attention to the firms current work load, experience with Caltrans oversight in design of improvements on State Highways, and • current experience on projects similar to the MacArthur Boulevard project. While many firms had excellent qualifications, seven firms were selected to the short -list of "most qualified" firms. The following short -list firms were requested to submit a technical proposal and participate in an interview with the selection committee: A.S.L. Consulting Engineers, Irvine Boyle Engineering, Newport Beach IWA Engineers, Fountain Valley Robert Bein, William Frost & Assoc.,Irvine Van Dell and Associates, Irvine Willdan and Associates, Anaheim Williamson and Schmid, Tustin The selection committee was comprised of two Caltrans engineers and three Public Works Department staff members. The committee interviewed consultants on September 14, and 15, 1993, reviewed the technical proposals and after deliberation concurred in the selection of Robert Bein, William Frost and Associates (RBF) as the best qualified firm. is RBF was selected because of their overall qualifications, experience and knowledge of the project. In addition, their project team has recent and successful experience with Caltrans District 12 oversight during the preparation of Reports and Final Plans Specifications and Cost Estimates for several Freeway and State Highway projects; including Laguna Canyon Road (SR 133), the I -5 /I -405 confluence and Bake Parkway in Irvine, and Pacific Coast Highway in Newport Beach. 0 0 Subject: MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road Engineering Services Agreement (C -2825) October 25, 1993 Page 5 • RBF's proposal is to provide preliminary engineering services including aerial surveys, field surveys, geotechnical investigations, right -of -way services, mitigation oversight and noise study, pedestrian bridge study, erosion control /SWPPP plan for NPDES permits, landscape plan, geometric approval plans and design engineering necessary to provide final plans, specifications, cost estimates, and contract document for each phase of the MacArthur Boulevard improvements. The fees are to be based on Standard Hourly Rates on a time and materials basis for amounts not to exceed $1,090,650.00. Main elements of the Scope of Services and fee provided for in the Engineering Services Agreement are as follows: Task Description Total Fee 1. Preliminary Engineering a. Aerial /Field Survey $ 102,266 *b. Geometric Plan 119,886 Approval • C. Geotechnical Investigation 53,358 d. Environmental Mitigation 23,766 Oversite and Final Noise Study e. Erosion Control /SWPPP ( NPDES) 14,448 f. Pedestrian Bridge Study 14,100 g. Reimbursables 10,000 $ 337,824 2. R/W Engineering Services 80,894 3. Landscape Plan 71,917 4. Final Plans, Specifications and Estimates 600,015 Total $1,090,650 *(Item lb., Geometric Plan Approval, includes the following sub - categories: research and review of existing documents, • preliminary drainage design, utility coordination, preliminary cost estimate, meetings, progress reports, management and coordination, geometric plan for Caltrans approval, and fact sheet for Caltrans approval of any items not meeting Caltrans design standards.) Subject: MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road Engineering Services Agreement (C -2825) October 25, 1993 • Page 6 Based on Estimated Construction Costs of $10,500,000 for the improvements from the EIR and Measure "M" application, RBF's fee for the final plans, specifications and estimates of $600,015 is 5.71% of the estimated construction costs. American Society of Civil Engineers (ASCE) guidelines for hiring consultants no longer utilizes curves for recommended engineering fees as a percentage of construction costs, but the old curves used through 1988 varied from 4.97% for average complexity to 6.03% for above average complexity. This project requires Caltrans approval, and is of more than average design complexity. RBF's fee for Preliminary Engineering Services of $337,824 is 30.9% of the total fee, and fits ASCE guidelines which note that preliminary engineering fees may range to 35% of the total Design fee. Right -of -Way Engineering and Landscape Design vary with the complexity and scope of each project and appear reasonable for the scope of work being proposed. It is recommended that an engineering Services agreement be executed with Robert Bein William Frost and Associates. Funds • are currently available within the Measure "M" Fund accounts 7283- 98313027, Gas Tax accounts 7813- 9313027 and 7183 - 933313028 and the Circulation and Transportation Fund account 7263 - 98313027. • dy - Benjamin B. Nolan Public Works Director JW:so Shaun \CC - 1993 \Frost 0 AGREEMENT 0 C _ 2X,4s(4) :ENT FOR PROFESSIONAL ENGINEERING SERVICES FOR MACARTHUR BOULEVARD (SR 73) WIDENING COAST HIGHWAY (SR 1) TO FORD ROAD THIS AGREEMENT, entered into this /dam day of ,1993 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 ". W I T N E 8 8 E T H WHEREAS, the California Department of Transportation ( CALTRANS), the cities of Newport Beach and Irvine, the San Joaquin Hills Transportation Corridor Agency and the Irvine Company executed a Memorandum of Understanding establishing a frame work for Project Development, dated December 13, 1989, for MacArthur Boulevard; and WHEREAS, The Orange County Transportation Authority has approved design and construction of the MacArthur Boulevard Improvements in the current Measure "M" Funding Program; and WHEREAS, CITY under terms of an agreement with CALTRANS, District Agreement No. 12 -133, dated June 14, 1993, 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 MacArthur Boulevard from Pacific Coast Highway to Ford Road, hereinafter referred to as "PROJECT "; and WHEREAS, Final Environmental Impact Report No. 150 (SCH No. 91031018) was certified by the CITY on April 13, 1992; and WHEREAS, the Project Study Report (PSR) was approved by CALTRANS on July 7, 1991; and WHEREAS, the Project Report (PR) is currently being reviewed by CALTRANS with approval anticipated in November; and WHEREAS, the Project Scope Summary Report (PSSR) was approved by CALTRANS on June 29, 1993; and WHEREAS, CITY intends to prepare final engineering and construction documents for the PROJECT hereinafter referred to as "PLANS"; and WHEREAS, ENGINEER has submitted a proposal dated October 15, 1 1984 to CITY to Srm the professional eng Wing services in conjunction with the preparation of said PLANS; and 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 terminated earlier as set forth herein or extended by mutual consent of the parties. 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 be 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. ENGINEER agrees to perform said services upon the terms and conditions hereinafter set forth. F. ENGINEER represents that it employs, or will employ, at its own expense, all personnel required in performing the services required under this Agreement. G. ENGINEER agrees that all services required hereunder will be performed under his direct supervision, and all personnel engaged in the work shall be 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. H. ENGINEER shall comply with all Federal, State and local laws and ordinance applicable to the work at the time work is performed. I. ENGINEER warrants and guarantees that all services hereunder shall be provided in a manner commensurate with professional standards and shall be performed by qualified and experienced personnel. t: II. ENVIRON&AL 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.0 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. III. SAFETY ENGINEER shall comply with OSHA regulations regarding shoring and other necessary safety equipment or procedures during Design. 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 time 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 C0 and necessary for carry 4�ut 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: A. Mylar plan and profile or plan sheets for the preparation of Plans. B. Consultation with ENGINEER as required to accomplish 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 project. 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. However, use of the documents for other projects not covered by this agreement, or use of incomplete documents, shall be at the City's or Caltran's sole risk without liability or legal exposure to the Engineer. No material prepared in connection with the project shall be subject to copyright 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 subcontractor 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 4 relations item A nature whatsoever rega0g 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 or CALTRANS' written permission. IX. COOPERATION ENGINEER agrees to work closely and cooperate fully with CITY's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. CITY agrees to cooperate with ENGINEER on the project. 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 conjunction 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 conjunction with the PROJECT and funded in whole or part by CITY shall contain a standard 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 sole or in part such documents. In addition, no material prepared in connection with the PLANS shall be subject to copyright in the United States or in any other country. XII. INSURANCE Without limiting ENGINEER's indemnification of CITY, ENGINEER shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the CITY, it selected officials, officers and employees for all liability arising from ENGINEER's services as described herein. Prior to the commencement of any services hereunder, 5 ENGINEER shall Poe to CITY certificates Insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by CITY, of the following insurance, with Best's Class B or better carriers: A. Worker's compensation insurance covering all employees and principals of ENGINEER, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of ENGINEER in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). E. Valuable Papers insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, computations, memos and, reports, or other similar data relating to the work of the ENGINEER used in the completion of PROJECT. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. ENGINEER shall give to CITY prompt and timely notice of claim made or suit instituted arising out of ENGINEER's operation hereunder. ENGINEER shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the work. M ENGINE*rees that in the event loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that ENGINEER shall look solely to its insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either ENGINEER or CITY with respect to the services of ENGINEER herein, a waiver of any right of subrogation which any such insurer of said ENGINEER may acquire against CITY by virtue of the payment of any loss under such insurance. XIII. ENGINEER IN CHARGE Michael J. Bruz is designated as 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 written 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 the 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 7 objectives of thJok, monitoring progress 0 r 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 the ENGINEER staff to the extent and under the 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 personnel 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 compensation is made. No charge will be made to ENGINEER for the CITY or CALTRANS employees while performing coordinating or monitoring functions. XVI. TERMINATION A. CITY may terminate this Agreement at any time for its own convenience and without cause 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 and specifying the effective date of such termination. At the option of City, all finished or unfinished documents and other materials in existence on the effective date,become the City's property. If this Agreement is terminated by CITY as provided herein, ENGINEER will be paid a total amount equal to his actual costs for all services provided as of the termination date. Actual costs shall include labor costs, employee benefits, overhead, other direct costs and pro -rata amount of fee as set forth in proposal (Exhibit B), but not to exceed the maximum fee set by this Agreement under Section XXII FEE SCHEDULE AND PAYMENT. B. CITY may, by written notice to ENGINEER, terminate the whole or any part of this Agreement within the time specified herein or any extension thereof: 1. If ENGINEER fails to perform the services called for by this Agreement within the time specified herein or n 2.0 ENGINEER fails to perf•the services called for in this Agreement or so fails to make progress as to endanger performance or 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 performance. However, in such event, CITY may terminate this Agreement if it considers 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 or 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 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 qualifies, then CITY may terminate this Agreement and all further rights and obligations 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 Director of Public Works, who shall reduce his decision to writing in regard to the dispute and shall transm0 copy thereof to ENGINEE0The decision 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. The appeal shall be supported with specificity, and shall then be taken under consideration by CITY's Director of Public Works, who shall reduce his decision to writing in regard to the appeal and shall transmit a copy thereof to ENGINEER and no further appeal shall be allowed. 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. 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 or this Agreement. XXIX. 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 followings: ENGINEER Robert Bein, William Frost and Associates Attn: Robert Kallenbaugh 14725 Alton Parkway P.O. Box 19739 Irvine, CA 92718 XX. TIME OF COMPLETION CITY CITY of Newport Beach Public Works Director P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Copy to: Ms. Agnes Villanueva Project Development, State and Local Government Caltrans, District 12 2501 Pullman Street Santa Ana, CA 92705 The work required as set forth in Exhibit "A" shall commence within ten (10 calendar days of CITY's written Notice to 10 Proceed and shall• completed in accordance eh the Schedule attached hereto as Exhibit "C" contingent upon actual review and approval time requirements. If the works is delayed at any time by reason of suspension ordered by CITY or because of an 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, guarantee 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 in 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 time shall be allowed. A request for an extension of time or granting of an extension of time shall not constitute a basis for any claim against CITY for additional compensation. 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. XXI. NO REIMBURSEMENT FOR COST PRIOR TO NOTICE TO PROCEED ENGINEER may not commence performance until the Agreement has been approved by CITY and 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. XXII. FEE SCHEDULE AND PAYMENT The basis of payment for the services provided 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 004 an amount not to 0 e exclusive of any fix •ee. 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 XXII.A above, CITY shall pay ENGINEER the fixed fee as set forth in Exhibit B. Said fixed fee shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. C. Total expenditures made under this agreement including the fixed fee shall not exceed the sum of one million, ninety thousand, six hundred and fifty dollars ($1,090,650.00). D. 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. E. The direct labor rates, overhead and employee benefit percentages set forth in Exhibit "B" are effective through November 1994. If this Agreement is extended, the direct labor rates, overhead and employees' benefit percentages may be reviewed and updated on an annual basis by ENGINEER. Such updates shall be subject to CITY approval for those portions of work performed under this Agreement taking place after December 1994. F. 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 performance 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 progress reports which describe the work performed in the period covered by the invoice. I WA XXIII. E UI &URCHASE • A. Any equipment purchased as a result of this Agreement is subject to the following: ENGINEER shall maintain an inventory of all non - expendable property. Non - expendable property is defined as having a useful life of at least two years and an acquisition cost of $150 or 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 exceeding $500 for supplies, equipment or consultant services. The ENGINEER shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service or consulting work not covered in the ENGINEER's proposal and exceeding $2,500, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. XXIV. 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 13 Subcon4or offers and agrees to0ign 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 Professional 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 acknowledgment 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. Sect. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professional 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." XXV. PROJECT SCOPE REVISIONS No change in the character, extent, or duration of the work to be performed by ENGINEER shall be made except as provided herein or by a supplemental agreement in writing between CITY approved by City Council 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 and ENGINEER, if any. Minor changes in the character, extent or duration of the work to be performed by ENGINEER which do not exceed 5% of $1,090,650.00 (fifty four thousand, five hundred dollars ($54,500.00), may be provided for upon written authorization of the Public Works Director. In special cases, where it is essential that work or changes in work be performed immediately, execution of written supplemental authority covering 14 such changes sha 0 accomplished as soon al&acticable. XXVI. HOLD HARMLESS ENGINEER agrees to indemnify, defend, save 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 for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of ENGINEER, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to this Agreement. ENGINEER 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, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to ENGINEER's performance of services or work conducted or performed pursuant to this Agreement. XXVII. 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 immediately so notified in writing. ENGINEER shall require in any contract with subcontractors that all terms and conditions of this Agreement shall be applicable to any Subconsultant whose cost exceeds Ten Thousand Dollars ($10,000). XXVIII. RECORDS AND REPORTS ENGINEER and any Subcontractor to ENGINEER agree to maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred. ENGINEER and any Subcontractor to ENGINEER agree to make these materials and ENGINEER's supporting cost available at their respective offices at all reasonable times during the performance of this Agreement and for three years from the date of final payment made by CITY 15 to its construct Oontractor for this PROJ, CITY, CALTRANS, the State Auditor General, the Federal Highway Administration, the General Accounting Office, or any other authorized representation of the Federal Government shall have access to any books, records and documents of ENGINEER and its Subcontractors that are pertinent to the contract for audits, examinations, excerpts and transactions, and copies thereof shall be furnished if requested. XXIX. NON - SOLICITATION WARRANTED ENGINEER warrants, by executive 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, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach of 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 performed, 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. XXX. CONFLICT OF INTEREST A. Prohibited interest 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 contractual, non - contractual, financial or otherwise, in this transaction, 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 covenants that he has, at the time of execution of this Agreement, no interest, and that he shall not Fr acquire any inte0 in the future, direct o10 direct, 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. B. The ENGINEER or its employees may be subject to the provisions of the California Political Reform Act of 1974 (hereinafter referred to as "the Act "), which (1) requires such persons to disclose financial interest that may be foreseeable affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. If subject to the Act, ENGINEER shall conform to all requirements of the Act. Failure to do so constitutes a material breach of contract and is grounds for termination of this Agreement by the CITY. XXXI. CONGRESSIONAL CONFLICT OF INTEREST Interest of members of or delegates to Congress shall be restricted as follows: No member of or delegate to the Congress of the United States nor any Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. XXXII. 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). XXXIII. ASSIGNMENT This Agreement shall be binding on the successors and assigns of the parties, but it shall be assigned either in whole or in part by ENGINEER without the prior written consent of CITY. XXXIV. INDEPENDENT PARTIES CITY retains ENGINEER on an independent contractor basis and ENGINEER is not an employee of CITY. The manner and means of conducting the work are under the control of ENGINEER, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with CITY will be acquired by virtue of ENGINEER's services. None of the benefits 17 provided by CITY •its employees, including&t not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from CITY to ENGINEER, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due ENGINEER. Payments of the above items, if required, are the responsibility of ENGINEER. XXXV. CONTRACTUAL RELATIONSHIP ENGINEER, and the agents and employees of ENGINEER in the performance of this Agreement, shall act in an independent capacity and not as officers 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 OF NEWPORT BEACH, a municipal corporation 9 BY: Mayor ATTEST: o CITY CLERK Addresses and Phone ENGINEER BY: Robert Bein, William Frost & sociates CITY OF NEWPORT BEACH 3300 Newport Boulevard Post Office Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 Robert Bein, William Frost and Associates 14725 Alton Parkway P.O. Box 19739 Irvine, CA 92713 -9739 (714) 472 -3505 18 Robert Bein, William �& Associates • October 15, 1993 City of Newport Beach Page 1 EXHIBIT "A" MACARTHUR BOULEVARD WIDENING PACIFIC COAST HIGHWAY TO FORD ROAD SCOPE OF SERVICES The following Scope of Services has been developed in order to obtain approval from the City of Newport Beach, Caltrans and other approving agencies from the Preliminary Design Phase (Geometric Approval) through Final Plans, Specifications and Estimates (PS & E). It is understood that the Project will be designed in accordance with Caltrans Highway Design Manual and Traffic Manual standards and that the plans will be prepared in accordance with City of Newport Beach plan preparation requirements. PHASE 1 - GEOMETRIC APPROVAL PLANS Task 1.1 Research, Investigation and Review of Existing Conditions Consultant shall research and review available data for use and reference for preparation of the Geometric Approval Drawings and Final PS & E. Anticipated tasks include: • Perform a field review of the site to verify record drawings including; P. Intersection Lighting and Signalization ► Signing and Pavement Delineation • Research existing public records to determine; ► Size and location of existing and proposed wet and dry utilities. ► Right -of -Way and boundary data. • Review "as- built" drawings against field conditions and aerial topography and make corrections as required. • Determine permit needs from other agencies. • Conduct a field reconnaissance to investigate conditions and verify record drawing information. • Review all available previously completed documentation for MacArthur Boulevard. Product: Summary of design criteria and site constraints for incorporation in the project file. Notify City of anticipated design /construction issues. Task 1.2a Aerial Topographic Surveys Consultant shall collect and review existing monumentation and Caltrans Coordinate Control Maps and provide a field survey review to note conformance with existing plans. City and Caltrans monumentation within the project limits shall be located by field survey methods, all monuments located shall be tied to points outside of the proposed construction limits where possible. Global Positioning System ties may be used for this Work Task. Consultant shall provide all ground survey control and photogrammetric processes necessary for the preparation of low altitude aerial topography at a photo scale of 1" = 180'. This will result in an accuracy of 0.1 foot for spot elevations and will help in reducing the amount of field JN 29886 Robert Bein, William F & Associates October 15, 1993 City of Newport Beach • Page 2 survey required and correspondingly reduces the impacts on traffic flow due to fewer traffic control lane closures. This method of aerial topography compilation has been approved by Caltrans on past projects for the use in freeway widenings and vertical design. Control shall include setting aerial targets, and complete horizontal and vertical control for the project. Consultant shall assure the compiled topography shall conform to National Mapping Standards and Caltrans Standards for accuracy. Topography shall be provided in hard copy and electronic formats. Products: 1. Aerial Topographic Map compiled at 1" = 40' with one (1) foot contour intervals . Task 1.2b Field Topographic Surveys After obtaining Geometric approval, grid elevations shall be provided for each of the intersections within the project limits. Grid elevations shall be taken on 10 -foot intervals, and shall include the intersection curb returns. In addition to intersection grid surveys, the Consultant shall perform field cross sections of existing MacArthur Boulevard in critical areas of design as determined after geometric approval. Cross sections shall be taken at 50- foot intervals from right -of -way to right -of -way. Cross sections shall supplement the aerial topography as necessary. All existing drainage structures, pipes, culverts and wing -walls within the project limits shall be located horizontally and vertically. A total of twelve (12) survey days have been budgeted for the field surveying required for this task. If additional survey time is required, it will be performed for an additional fee. Products: 1. Field Survey Notes 2. Monumentation Tie Notes and Replacement Plan 3. Meeting Attendance at two (2) Meetings Task 1.3 Geotechnical Investigation Earth Mechanics, Inc. (EMI) will perform a geotechnical investigation and prepare a report to provide the necessary geotechnical design and construction recommendations. The geotechnical activities will include: Review of Existing Data Existing geotechnical reports filed with the City and Caltrans will be reviewed. This data will be used to plan the field exploration. Field Exploration A boring location map will be prepared prior to the actual field exploration. This map will be submitted to the City and Caltrans for review and comment. Underground Alert will be contacted for clearance with any buried utilities. Traffic control including lane closure in some areas will be needed to conduct the field exploration. Relatively undisturbed soil samples will be collected and Standard Penetration Test (SPT) will be performed during drilling to assess the subsurface conditions. Groundwater elevations will be measured during and after completion of the drilling of each borehole. Robert Bein, William F & Associates October 15, 1993 City of Newport Bead • Page 3 Laboratory Testing Selective soil samples will be tested in a laboratory to obtain additional data to supplement the field information. Engineering Analyses The field and laboratory results will be analyzed to establish idealized soil profiles and strength parameters for foundation design of the soundwalls, retaining walls and the pedestrian bridge. Pavement sections will be calculated using the results of R -value tests and Traffic Indices provided by the City and Caltrans. Report Preparation The geotechnical report will be presented in the forms of foundation and materials reports. A foundation report will be prepared for the pedestrian bridge. One materials report will cover the entire project. The foundation reports will be prepared in accordance with the Caltrans guidelines given in the Bridge Design Aids, Pages 15 -2 to 15 -6. The materials report will be prepared in accordance with California Test Method 130. The following topics will be addressed in the foundation report: • Project Description • Summary of Field and Laboratory Investigation including a Reproducible Log of Test Borings Sheets • Soil and Groundwater Conditions • Seismic Design Parameters • Geotechnical Recommendations for Design of Shallow and Deep Foundations • Soil Settlement and Construction Considerations The following topics will be addressed in the materials report: • Project Description • Existing Facilities • Regional Geology and General Subsurface Conditions • Roadway, Drainage Devices, Retaining Wall and Soundwall Foundations • Slope Stability, Cuts and Excavations • Roadway Embankment Stability and Settlement Estimates • Earthwork Factors • Corrosion Considerations • Pavement Structural Sections Design • Earthquake Considerations • Materials Availability Based on our review of the Project Scope Summary Report (PSSR) for MacArthur Boulevard it is understood that the existing pavement testing and evaluation have been completed and our work will consist of recommendations for structural sections for the widening of MacArthur Boulevard. JN 29886 Robert Bein, William & Associates • October 15, 1993 City of Newport Beac Page 4 It is anticipated that temporary traffic control can be accomplished through requirements of Caltrans' Manual of Traffic Controls and Standard Plans and no separate plans will be required. Products: Geotechnical Report and log of test borings plan sheets. Task 1.4 Preliminary Drainage Report Design Criteria Development Consultant shall provide preliminary engineering services to perform a design criteria review to establish necessary hydraulic and hydrologic design requirements prior to initiating the design process. The review process includes presentation of the data compiled during the research and investigation phase identifying the design constraints. This work item will include establishment of hydraulic control for storm drain water surface analysis, establish hydraulic parameters used for analysis, review of committed water surface elevations, discussion of design frequency levels, coordination with associated developers, plan preparation format, debris basin criteria, basin appurtenance design criteria, retarding basin design criteria, hydrology review, local drainage system requirements, permit requirements, and agency processing path. Product: A written report which summarizes the recommended design criteria and objectives of the improvements for review by the agency prior to initiating the design analysis. Local and Off -site H, dv rology Consultant shall provide engineering services for the preparation of hydrology calculations which will form the basis of design for sizing and configuration of the mainline storm drain, laterals, and inlets. This report will utilize the most current criteria and methodology for hydrologic calculations consistent with the latest version of the Orange County Hydrology Manual and Caltrans calculation procedures. The hydrology analysis will be prepared for a watershed with the ultimate land use configuration. Consultant will verify the proposed drainage subarea boundaries and drainage patterns from the proposed improvement plans, grading plans, existing topography, and street inlet locations. A "link- node" model of the storm drain watershed will be developed to perform the hydrologic analysis for 25 -, 50 and 100 -year design frequencies as appropriate for the drainage facility. Final hydrology maps for the local and off -site studies will be provided indicating sub -basin boundaries, flow patterns, and design flows. Product: Hydrology Map and Calculations Drainage Report Preparation Consultant shall provide engineering services for the compilation of a Preliminary Design Report which will serve as the basis of design for the storm drain alignment and facility sizing for the pipe sizes, detention basins, and debris basins (as applicable). The report shall include documentation for hydraulics, existing facility conflicts, design hydrology, identify constraints in a format acceptable for plan check by the City and Caltrans. This document will serve to reference all design assumptions, guidelines, and criteria developed during the overall design process and incorporate the design criteria document produced as described above. JN 29886 Robert Bein, William & Associates • October 15, 1993 City of Newport Beach Page 5 The Preliminary Engineering Report will also investigate the existing retention basin located on the easterly side of MacArthur Boulevard about 1000 feet southerly of Ford Road. The existing retention basin serves a watershed of about 80 acres with no apparent outlet. The basin will be impacted by the construction of MacArthur Boulevard through the grading operation and by increased storm water runoff. Options for improvement, relocation and elimination of the retention basin will be explored and a final recommendation indicated. Product: Preliminary Drainage Report Task 1.5 Geometric Approval Drawings Consultant shall prepare Geometric Approval Drawings at a scale of 1" = 40', which shall reflect revisions to the Project Report geometrics based on additional studies and field information, detailing number of lanes and widths, required right -of -way, horizontal alignment, join conditions and proposed improvements, to gain City and Caltrans approval of the precise geometrics before commencing with final plans, specifications and estimates. Preparation of these drawings ensures a clear understanding of the more detailed elements of the Project by all Project Team Members and Agencies and is instrumental in identifying key design parameters that may not be known at the Project Report level of detail. Preliminary utility information collected as a result of utility notifications will be shown on the geometric plans for information purposes. Also included in this task is the preparation of a "fact sheet" detailing exceptions to Caltrans mandatory and advisory standards. Products: Geometric Approval Drawings Fact Sheet Task 1.6 Utility Notification and Coordination Consultant shall issue utility notifications to the various utility owners within the sphere of the Project. Consultant will request locations for existing and proposed utilities, including high risk utilities as identified by Caltrans. Provide coordination interface to establish controls for utilities that would be included within the right -of -way limits, identify agencies responsible for the design and construction or relocation of said utilities and contact each agency to determine what utilities are needed. Also included in this task is identifying potholing needs to allow the scheduling of utility potholing by Caltrans and the respective utility owners. Identify and coordinate with utility companies affected by the Project. Delineate utilities within the sphere of the Project on the geometric approval drawings. Prepare and issue appropriate utility notifications and perform related follow -up. JN 29886 Robert Bein, William & Associates • October 15, 1993 City of Newport Beac Page 6 Products: Utility Information Request: Ask utility companies for location, size, etc., of its facilities within the Project limits. This notice is forwarded concurrently with commencement of design. Prepare to Relocate Notice: In the event existing utilities are present within the proposed Project Site, transmit notice and preliminary plans to the affected utility agencies to determine the magnitude of the relocation, schedules and further coordination requirements. Notice to Relocate: Prior to Project bidding, transmit notice and approved Project plans to affected utility agencies to determine the magnitude of the relocation, schedules and further coordination requirements. Utility Information Documentation: Documenting existing and future utilities and identification of necessary process for design, relocation or protection for utilities. Task 1.7 Preliminary Landscape Plans Consultant shall perform the following tasks for successful completion of the Landscape Concept Plan: • Collect and review pertinent design reports and environmental documentation. • Field survey the site and identify project opportunities and constraints. • Prepare one Preliminary Landscape Concept Plan at a scale of 1" = 40', incorporating project issues, opportunities and constraints. • Prepare Cross - Sections and Elevations of key landscape areas to clearly illustrate the landscape concept. A maximum of seven (7) areas are included within this Scope of Work. These areas might include: ► Typical Landscape Median ► Intersection with Pacific Coast Highway I. Interface of the Harbor View Neighborhood I. Intersection with San Joaquin Hills Road ► Interface with Big Canyon Golf Course ► Interface with proposed Tentative Tract No. 14533 ► Intersection with Ford Road Prepare Preliminary Itemized Cost Estimate for installation of landscaping improvements based on Preliminary Plans. Meet with representatives of the City, Caltrans, Community Groups and the City Council to present the Conceptual Landscape plan, receive comments and obtain approval. A maximum of three (3) meetings is budgeted for this task. JN 29886 Robert Bein, William & Associates October 15, 1993 City of Newport Beach • Page 7 Products: One Preliminary Landscape Concept Plan at a scale of 1" = 40' Six Plans, Cross - Sections and Elevations Preliminary Cost Estimate Task 1.8 Pedestrian Overcrozing Study Consultant shall study the impacts of constructing a pedestrian overcrossing over MacArthur Boulevard to access Newport Center /Fashion Island at the extension of Crown Drive. The following items relative to gaining public support for the pedestrian overcrossing will also be completed as a part of this task: • Conduct scoping meeting with City staff and LSA to review formal and informal public review comments regarding proposed pedestrian overcrossing. • Prepare one (1) new visualization exhibit enlarged to 30" x 40" suitable for public presentation. Exhibits will utilize the following information: I. New ground photography from key areas of concern ► 3 -D wire frame design P. Computer imaging and texturing Attend a follow -up presentation meeting with the community association and present the visual analysis of the proposed pedestrian overcrossing. Products: Visual Analysis Exhibit Surveyed View Pole Preliminary Cost Estimate Attendance at three (3) meetings. Task 1.9 Adjacent Property Ownership Determination Consultant shall determine the ownership of those parcels of land adjacent to the Project and prepare a separate file for each parcel in accordance with Caltrans standards. Anticipated tasks include: Title Reports ► Consultant shall open a contract with a title company and order up to eight (8) preliminary title reports including tabulation of five year history of ownership, vesting deeds, and encumbrance documents. ► Consultant shall catalog title reports, documents and record maps as received. A separate file for each parcel will be set up to include the above information plus pertinent future documents or records. Ownership Identification, Title Report and Document Review ► Consultant shall compare the owner and legal description as shown in the current County Assessor's rolls and maps with that as shown in the title reports and deed documents. JN 29886 _ Robert Bein, William F & Associates October 15, 1993 City of Newport Beachi • Page 8 P. Consultant shall review the title reports for discrepancies between deeds and encumbrances that could affect the property boundary analysis or potential to purchase and notify the City of Newport Beach of such discrepancies in a timely manner throughout the review process. ► Consultant shall review the legal description in the deed documents of the potential for prior ownership rights and possible senior rights and notify the City of Newport Beach of such potential rights. Research Records and Catalog Documents P. Consultant shall obtain reference material and record maps from Caltrans, the City of Newport Beach and the County Surveyor's Office. Consultant shall catalog and file all items for retrieval upon receipt of such materials and records. Cataloging and filing of all materials will be ongoing throughout the project. Product: Individual parcel ownership files. Task 1.10 Survey Analysis Worksheet Fxhibit Consultant shall compile an exhibit at a scale of 1" = 100', or as approved by the City of Newport Beach based upon the horizontal control survey (Task 1.2) together with the record data from the individual parcel ownership files (Task 1.9), no right -of -way surveying will be performed. This exhibit will reflect property boundaries, owners, measurements taken, monuments, descripters and right -of -way lines. Product: Survey Analysis Worksheet Exhibit Task 1.11 Mitigation Implementation Recommendations LSA will assist Consultant in the development and review of roadway design elements responding to mitigation measures contained in the City of Newport Beach certified environmental document. In areas where LSA has technical competence to review the project design, ISA staff members will meet with Consultant's designers prior to commencement of the design process to allow for coordination of mitigation. Upon preparation of the final plan set, LSA will review final design plan and provide one round of comments to Consultant for reviewing the implementation of said mitigation measures. LSA will then prepare a letter report to Consultant delineating how the mitigation measure has been addressed. The mitigation measures that will be reviewed by LSA include the following, as referenced in the Final EIR No. 150: 2 -1, 3 -1, 3 -2, 3 -3, 4 -2, 4 -3, 4 -4, 4 -5, 4 -6, 4 -7, 4 -8, 4 -9, 6 -2, 7 -1, 8 -1, 8 -2, 9 -1, 9 -2, 9 -3, 9 -4, 9 -5, 10 -1, 10 -2, 10 -3, 12 -1, 12 -2, 12 -3, 12 -4, 12 -5, 12 -6, 12 -7, 12 -8, 12 -9, 12 -10, 12 -11, 12 -12, 12 -13, 12 -14, 12 -15, 12 -16, 12 -17, 12 -18, 12 -19. pie •::C Robert Bein, William & Associates City of Newport Beac1 ` Page 9 • October 15, 1993 In those cases where the mitigation measure will place requirements upon the construction contractor, LSA's review shall be to ensure that the project requirements are included in the job specifications. Product: Verification that Mitigation Requirements have been met Task 1.12 Final Noise Study Report LSA shall prepare a Final Noise Study Report, which shall address the impact of any increase in noise from ambient levels on noise sensitive properties adjoining MacArthur Boulevard. LSA shall meet with the City of Newport Beach and Caltrans to review the study methodology and mitigation criteria. The final report shall include the following components: Existing Noise Environment The existing noise environment will be described through a comprehensive noise measurement survey and computer modeling assessment of existing roadways noise sources at up to eight (8) noise sensitive receptors. A map of proposed locations shall be submitted to the City of Newport Beach and Caltrans for approval prior to testing. The measurement results will be used to calibrate the highway noise model, as well as to determine the existing ambient noise levels. The results will be presented in terms of the CNEL and Ley noise metrics. Construction Noise Impacts Potential short -term noise impacts, such as those associated with roadway construction activities, will be qualitatively addressed for noise sensitive receptors in the immediate vicinity of the construction area. Hours of construction and the estimated construction duration will be presented. The application of the County of Orange and City of Newport Beach noise ordinances to control construction noise will be discussed. Future Traffic Noise Levels The future noise exposure for the project will be developed and compared to existing noise levels. The noise levels will be determined in terms of the State /federal noise abatement criteria. The results will be presented in a tabular format. Based upon this analysis, any areas where the project results in a exceedance of State /federal standards will be identified. Future noise levels for the proposed project shall be predicted using SOUND32, which is based on the FHWA Traffic Noise Predication Model (FHWA -RD -77 -108) and CALVENO noise emission levels. The analysis shall use traffic characteristics based upon the design year peak hour traffic volumes. A previous noise analysis prepared by LSA indicates that noise attenuation will be required in noise sensitive areas where State /federal noise abatement criteria are approached or exceeded. The California Department of Health Services Office of Noise Control (ONC), the County of Orange and the City of Newport Beach have established guidelines and standards for acceptable community noise levels that are based on the CNEL rating scale. JN 29886 Robert Bein, William & Associates October 15, 1993 City of Newport Beac}q • Page 10 These standards are 65 dBA CNEL exterior and 45 dBA CNEL interior. FHWA and Caltrans noise abatement criteria specify and exterior noise standard of 67 dBA Leq (peak noise hour) and an interior noise standard of 52 dBA L.q. Caltrans noise abatement criteria also includes a minimum 5 dBA of attenuation and truck exhaust stack line -of -sight shielding between an 11.5 foot truck stack and a 5 foot receiver. Areas for which a noise barrier would be required to comply with State /federal criteria will be identified based on final roadway design information. An analysis identifying the noise reduction of various barrier heights and barrier materials (e.g., concrete block, plexiglass, etc.) will be completed as needed. Product: Final Noise Study Report Task 1.13 Preliminary Construction Cost Estimates Consultant shall prepare two (2) preliminary construction cost estimates detailing quantities and unit costs. Backup calculations for quantities will be provided, as requested. The first estimate will be completed early in the preliminary design phase to determine if the funds allocated for Segment One of the Project are adequate to provide for construction of the San Joaquin Hills Road intersection in Segment One. Cost estimates will be prepared utilizing the Caltrans Basic Engineering Estimating System (BEES) format. Product: Preliminary cost estimates will be provided at the appropriate design stage and with submittal of the Geometric Approval Drawings. Task 1.14 Meeting Attendance Consultant shall attend up to eight (8) coordination meetings with the Project Team and other agencies as directed by the City during the implementation of Phase 1 of the Work Program. Meetings anticipated are as follows: Project "Kickoff" (design initiation) Coordination meetings to resolve design issues Submittal of Geometric Approval Drawings Product: Consultant attends eight (8) meetings. Task 1.15 Progress Report, Project Management and Project Coordination Consultant shall submit monthly progress reports which include progress to date, identification of problem areas, evaluations, recommendations and steps for the Project Team to follow to resolve problems. As a minimum the schedule shall include the following information: • Survey Control. • Aerial Flight Plans and Photo. • Plans for Geometric Approval and Fact Sheet detailing exceptions to Caltrans mandatory and Advisory Design Standards. JN 29886 Robert Bein, William M& Associates City of Newport BeachlW Page 11 • Plans for Right -of -Way Acquisition and Certification. • Plans for Utility Approval • Plans for Landscape Concept Approval • Plans for Traffic Approval • Plans for Traffic Handling • Plans for Structural Approval • Hydraulic Design and Drainage Study • Geotechnical and Materials Report • Runoff Management Plan • Water Quality Management Plan (NPDES) • 70% Design PS & E • 100% Design PS & E October 15, 1993 Copies of correspondence will be submitted to the City. Work under this task assumes the preparation of four (4) monthly progress reports. Correspondence will be kept in conformance with Caltrans Uniform File System for transmittal to the City and Caltrans at the close of the Project. Product: Four (4) Progress Reports Regularly Updated Schedule JN 29886 Robert Bein, William & Associates • October 15, 1993 City of Newport Beac Page 12 PHASE 2 - FINAL DESIGN PLANS, SPECIFICATIONS AND ESTIMATES Based upon the Geometric Approval Drawings approved in Phase 1, RBF will prepare final construction plans for the Project. Separate plans, specifications and estimates will be prepared for both Segment 1 and Segment 2. The Plans will be prepared at a scale of 1" = 40' unless noted otherwise and will be prepared on standard Caltrans "base" sheets except as modified to incorporate use of 1" _ 40' profile grid in lieu of 1" = 50'. A sample Caltrans "base" sheet is attached with this scope of work as an example. Actual drafting and plan preparation format will be in conformance with City of Newport Beach requirements. Identical tasks as noted below are combined, when appropriate, to reflect the separation of Final PS & E into two (2) segments. Tasks 2.1 and 222 Street Improvement Plans Consultant shall prepare Street Improvement Plans which will include topography, layout lines, bearings, curve data, dimensions, profiles and proposed improvements. Intersection layout details will be prepared at a scale of 1" = 20' for MacArthur Boulevard at Pacific Coast Highway, Harbor View Drive, San Miguel and San Joaquin Hills Road. In addition, this task also includes preparation of a title sheet, construction detail sheets, and Key Map and Line Index Sheets. Superelevation diagrams will be prepared as working drawings, but will not be incorporated into the final PS & E package. Products: Title Sheet (2 sheets) Standard Plans List (4 sheets) Key Map and Line Index (2 sheets) Construction Details (4 sheets) Intersection Details (3 sheets) Street Improvement Plans (12 sheets) Tasks 22 and 223 Grading and Removal Plans Consultant shall prepare Grading and Removal Plans to include topography, layout and limits of grading, and limits of all removals necessary for the reconstruction of MacArthur Boulevard within its new alignment. All slopes, retaining walls, and drainage structures will be shown along with existing utilities on "doubled loaded" plan view sheets. Product: Grading and Removal Plans (6 sheets) Grading Details (2 sheets) Tasks 23 and 224 Typical Sections Consultant shall prepare typical sections showing the various elements of the pavement structural section and grading within the right -of -way in accordance with City and Caltrans requirements. Product: Typical Sections (4 sheets) JN 29886 Robert Bein, William & Associates October 15, 1993 City of Newport Beach1W • Page 13 Tasks 24 and 225 Drainage Improvement Plans Consultant shall provide final engineering services for the preparation of construction plans for the proposed storm drain within the project limits based upon the recommended results in the Basis of Design Study completed under Phase I. Construction plans shall be prepared utilizing the compiled base sheet information from research, utility investigation, survey data and aerial topography. Utilities within the proximity of the construction will be located on the plan and crossings also shown in the profile. The construction plans will include structural details, pipe schedules, quantity estimate and lateral profiles. For the purposes of this Scope, it is assumed that all drainage appurtenances will be constructed by reference to standard drawings and that no special structural calculations or details will be required. Standard plans from either the City of Newport Beach or Caltrans will not be shown on the project drawings. Drainage improvement plan preparation for Segment 2 (San Joaquin Hills Road to Ford Road) specifically excludes modification or improvement to the existing retention basin located on the easterly side of MacArthur Boulevard about 1000 feet southerly of Ford Road. An additional fee for improvement plans for modification of the retention basin (if required) will be negotiated with the City once the final scope of the services is known, as determined by the Preliminary Engineering Report described in Task 1.4. Products: Drainage Improvement Plans and Details (16 sheets) Technical Basis of Design Report Develop a Basis of Design Report which documents the engineering design for the improvements indicated on the construction drawings for each phase of the project. The report will include final hydrology and hydraulic calculation supporting the improvements shown on the construction drawings. Product: Basis of Design Report for each Segment Tasks 25 and 226 Erosion Control Plans do Stormwater Pollution Prevention Plan ( SWPPP) Consultant shall provide engineering services to develop a comprehensive erosion control plan for the designated construction area. The plan is intended to address the necessary erosion and sediment control devices to reduce erosion potential or soil exposure associated with a construction site. The grading plans for the proposed construction will be utilized as a screened base sheet and the proposed control measures and devices for erosion will be delineated, including any standard details. Consultant shall also provide a Stormwater Pollution Prevention Plan ( SWPPP) following the requirements of the State Water Resources Control Board's General Construction Activity Stormwater Permit. The SWPPP will be developed for the duration of the construction of the project and is intended to provide a framework of criteria to guide the implementation of stormwater control during construction. The document is intended to be flexible to add additional detail as construction progresses and conditions change in the field. The SWPPP document has specific sections which addresses the following issues: Piz .::� Robert Bein, William& Associates • City of Newport Beac Page 14 • Source Identification • NOI (Notice of Intent) • Project Inventory Map • Soil Stabilization Practices • Erosion Control Practices • Post Construction Control Measures • Preventative Maintenance Plan and Inspection • Procedures to Educate Staff on SWPPP • Construction Site Monitoring • Certification Products: Erosion Control Plans (8 sheets) Stormwater Pollution Prevention Plan October 15, 1993 Tasks 26 and 227 Stage Construction/Traffic Handling Plans and Construction Area Sign Plans Consultant shall prepare Stage Construction and Traffic Handling Plans showing existing geometrics, construction to be performed, traffic flow direction, number of lanes and construction barricading, temporary signing and temporary pavement delineation for each stage of construction. A Construction Area Sign Plan will also be prepared to show required advanced warning construction signage and devices for each stage. Quantity Plan Sheets will be prepared for the Stage Construction Traffic Handling Plans and the Construction Area Sign Plan. All plans will be consistent with the Caltrans 1990 Manual of Traffic Controls, July, 1992 Standard Plans and latest Traffic Manual. Construction of the ultimate intersection improvements at San Joaquin Hills Road is proposed to be included in Segment 1. This should minimize construction traffic impacts at the intersection during construction of Segment 2. Stage construction on MacArthur Boulevard will be critical between Pacific Coast Highway and San Miguel Road due to the significant horizontal and vertical realignment proposed for MacArthur Boulevard. The vertical alignment will be approximately 12 -13 feet lower than the existing roadway surface. It is anticipated that this segment will have the following construction stages: Stage 1 - Shift the existing travel lanes easterly to maximize construction for the "ultimate" southbound lanes. Stage 2 - Detour southbound traffic to the ultimate travelway. Maintain existing northbound lanes and continue ultimate construction easterly. Stage 3 - Detour northbound traffic and complete construction easterly. Stage 4 - Remove temporary roadways used during past stages within the median area. Construct curbed median and final pavement. MacArthur Boulevard between San Miguel Road and San Joaquin Hills Road can be constructed at selected Stages 1 -4 as described above. JN 29886 Robert Bein, William F & Associates October 15, 1993 City of Newport Beach • Page 15 Segment 2 stage construction between San Joaquin Hills Road and Ford Road is proposed in three (3) stages: Stage 1 - Shift existing travel lanes to the west with reduced lane widths (11') to maximize ultimate improvements on the east side. Stage 2 - Shift travel lanes to the east side to complete ultimate travel lane improvements. Stage 3 - Construct curbed median and final pavement. It is anticipated that this suggested stage construction sequence can maintain the lanes in each direction at all times except for short term (one day) single lane closures during changes in construction stages. Stage Construction /Traffic Handling Plans will be prepared to show limits of new construction, temporary roadways, pavement delineation, roadside signs, placement of temporary railing (K -Rail) and construction traffic control signs, barricades, flashing arrow signs, delineators and flashing beacons, if required. Separate Stage Construction Index Plans showing staging, new pavement construction and pavement removals, are not anticipated and therefore are specifically excluded from this proposal. The Stage Construction /Traffic Handling Plans will be prepared at a scale of 1" = 40'. Construction Area sign plans will be at "No Scale ". Products: Stage Construction /Traffic Handling Plans (28 sheets) Construction Area Sign Plan (2 sheets) Tasks 2-7 and 228 Pavement Delineation and Signing Plans Consultant shall prepare Pavement Delineation and Signing Plans in accordance with City and Caltrans design criteria. Separate individual Signing Plans and separate Pavement Delineation Plans are not included in this Scope of Services since minimal roadside signs are anticipated except for intersection control. The plans will show new, relocated and removed roadside signs and new and removed pavement delineation lane lines and pavement markings. It is anticipated that removals of pavement delineation will be minimal since final pavement will cover previous delineation. Separate Quantity Plans for roadside signs and for pavement delineation will be prepared to show installations, relocations and removals. No overhead signs and structures are anticipated and are excluded from this Scope of Services. If required, Consultant will negotiate a separate fee to include design of overhead signs. Products: Construction Notes and Details Plan (1 sheet) Signing and Pavement Delineation Plans (9 sheets) IN 29886 Robert Bein, William VM& Associates October 15, 1993 City of Newport Beach1W • Page 16 Tasks 28 and 229 Traffic Signal Plans Consultant shall prepare Traffic Signal Plans to show new, relocated and removed existing signal equipment for the following intersections with MacArthur Boulevard: 1. Pacific Coast Highway 2. Harbor View Drive 3. San Miguel Road 4. San Joaquin Hills Road 5. Ford Road (detector loops only) 6. Harbor View Drive Traffic signal interconnect details will be shown on the traffic signal plans and the preparation of separate plans for signal interconnect is specifically excluded from this Scope of Services. Consultant will prepare plans in accordance with City / Caltrans design criteria and latest Caltrans Standard Plans. The plans will be at a scale of 1" = 20'. Product: Traffic Signal Plans (5 sheets) Tasks 29 and 230 Street Lighting Plans Consultant shall prepare Street Lighting plans within the Project limits as required by the City and Caltrans. Street lighting illumination and spacing of standards will be calculated to meet the minimum illumination along the travelway and at intersections. Copies of calculations and recommended illumination and spacing will be submitted to the City for approval prior to preparation of plans. Products: Construction Notes and Details Plan (1 sheet) Street Lighting Plans (6 sheets) Illumination and Spacing Calculations Tasks 210 and 231 Right -of -Way Maps Consultant shall prepare 1" =40' scale right -of -way maps based upon the Survey Analysis Worksheet Exhibit prepared under Task 1.10, the final construction plans and in accordance with Caltrans standards. The anticipated tasks include: Preliminary Right -of -Way Maps ► Consultant shall prepare preliminary right -of -way map sheets which will include existing and proposed right -of -way lines, intersecting streets, property lines, parcel numbers, bearings, distances, curve data, ownership block, take and remainder areas, as well as topography and grid ticks (faded). Also included will be a preliminary index (title sheet). The preliminary Right -of -Way Map set shall be submitted to the City of Newport Beach and Caltrans for review and comment. Robert Bein, William &Associates October 15, 1993 City of Newport Beac • Page 17 Final Right -of -Way Maps Consultant shall respond to additions, deletions or corrections relative to comments received from the City of Newport Beach and Caltrans on the preliminary map set and submit the corrected final right -of -way map set to the City of Newport Beach and Caltrans along with digital files and individual parcel folders. Product: Preliminary Right -of -Way Maps Final Right -of -Way Maps Digital Right -of -Way Files Individual File Folders Tasks 211 and 232 Legal Descriptions Consultant shall prepare legal descriptions to be used by the City of Newport Beach for street right -of -way, slope and construction easements. The anticipated tasks include: Preliminary legal descriptions ► Consultant shall prepare preliminary legal descriptions for six (6) right -of -way parcels, ten (10) slope and drainage parcels and twelve (12) temporary construction parcels corresponding and relating to the boundary determinations on the Survey Analysis Worksheet Exhibit and Right -of -Way Maps. D. Consultant shall submit these preliminary legal descriptions to the City of Newport Beach and Caltrans for review and comments. Final Legal Descriptions ► Consultant shall respond to review comments and submit corrected final legal descriptions to the City of Newport Beach and Caltrans. It is anticipated that the following items will not be required and are therefore specifically excluded from this proposal: Comparable Sales Map Survey Control Map Product: Final legal descriptions for new right -of -way and easement parcels. Tasks 212 and 233 Cross Sections Consultant shall prepare cross sections at a scale of 1" = 20' horizontal and 1" = 5' vertical . which show original ground, roadbed, proposed improvements and grading with stations and elevations at 50' intervals. Product: Cross Section Plots at 50' intervals (35 sheets) JN 29886 Robert Bein, William F &Associates October 15, 1993 City of Newport Beach Page 18 Tasks 213 and 234 Utility Location Plans Consultant shall utilize the utility information collected during Phase 1 to prepare utility location plans for the Project. All existing overhead and underground utilities will be shown within the project limits. Relocation of existing utilities will also be shown. High risk facilities will be shown in conformance with Caltrans' Manual on High and Low Risk Facilities. Products: Utility Location Plans (6 sheets) Tasks 214 and 235 Landscape Plans Consultant shall prepare Plans in sufficient form and detail to construct landscape improvements. The Plans will be submitted to the City and Caltrans for review at the 70% and 100% completion levels. The Plans will be based on the approved Landscape Concept Plan. Tasks will include the following: • Prepare Base Maps at a scale of 1" = 40' utilizing topographic, road alignment and grading information provided by the Civil Engineer. It is anticipated there will be 4 base maps. • Prepare Construction Plans and Details for entry monuments and signage anticipated to be located at the intersections of Pacific Coast Highway and Ford Road. • Prepare Irrigation Plans and Details for an electrically operated, remote controlled domestic water irrigation system. The system will use water efficiently, minimize run -off and be low maintenance. • Prepare Planting Plans and Details that utilize a combination of trees, shrubs, groundcovers and grasses. Products: Construction Plan (2 sheets) Construction Details (2 sheets) Irrigation Plans (8 sheets) Irrigation Details (4 sheets) Planting Plan (8 sheets) Planting Details (2 sheets) Task 215 Sound Wall Plans Subsequent to identification of the soundwall locations, Consultant shall prepare Sound Wall Plans to provide for construction of sound walls necessary to mitigate the noise impacts resulting from this project as noted in the Environmental Impact Report prepared by others and verified by the Acoustical Analysis. The anticipated extent of the walls is approximately 1500 linear feet distributed in three general areas. The type of sound wall to be used has not been determined. If the walls are not Caltrans Standard Walls a type selection process may be required. (Refer to Section 2.36 for description). The Environmental Impact JN 29886 Robert Bein, William& Associates • October 15, 1993 City of Newport Beac Page 19 Report currently recommends 6 -foot and 5 -foot high concrete walls. If it is determined that walls shall incorporate plexiglass to accommodate views, a special non - standard design will be required. Products: Type Selection Study for Sound Walls Structural Calculations (including independent check) for non - standard walls Quantity Calculations ( including independent check) for non - standard walls General Plan (1 sheet) Foundation Plan and Profile (5 sheets) Details (2 sheets) Tasks 216 and 238 Specifications Consultant shall utilize state standard specifications to prepare contract documents on the Macintosh Computer System in accordance with Caltrans requirements. It is understood that although the specifications will be prepared in accordance with Caltrans requirements, the City will administer construction of the Project. It is understood that the City will provide the administrative portion of the specifications that will be incorporated in the Contract Documents package. As requested, the specifications will require the Contractor to maintain a record of all approved changes to the plan. Product: Project Specifications Tasks 217 and 239 Quantity and Construction Cost Estimate Consultant shall prepare construction quantity take -offs and a construction cost estimate in accordance with City and Caltrans requirements, using unit prices from the most current Caltrans Cost Data Book and City provided data. Estimates will be completed in the Caltrans BEES format and will utilize independent quantity check calculations for structural items. Product: Quantity and Cost Estimates Tasks 218 and 240 Plan Check Approvals and Permits Consultant shall secure appropriate approvals and permits from Caltrans, City of Newport Beach and others required. It is understood that all environmental permits (404, 1603, etc.) for this project will be obtained by the City's separate environmental consultant. Submittals to local agencies will include all plans and required backup data for review. Plans will be submitted to the agencies in a state of completeness that construction can be implemented from the plans. Receive comments from local agency and review with City representative. When corrections have been made, as appropriate, obtain signature and provide plans to Caltrans and City. Product: Plan and Permit Approval JN 29886 Robert Bein, William IS& Associates October 15, 1993 City of Newport Beach • Page 20 Tasks 2.19 and 2.41 Meeting Attendance Consultant shall attend up to fifteen (15) meetings with the City, Caltrans, TCA, The Irvine Company and others as directed by the City during completion of final design for this phase. Consultant shall attend management information meetings with Caltrans and City staff to present the progress and status of the project and to discuss work objectives, the work schedule, terms of the Agreement and other related issues in order to resolve problems and maintain the progress of the Services. Meetings will also consist of any specific meeting called by City, or other agencies, at which Consultant's attendance is requested. A "meeting log" will be prepared and submitted with the monthly Progress Report for tracking meetings. City shall review this summary within fifteen (15) days of submittal and notify Consultant of any exceptions. No response shall be interpreted as approval of the submittal. Products: Attendance at 15 Meetings Meeting Minutes for each meeting Meeting Log for each meeting Tasks 2.20 and 242 Progress Report, Project Management and Project Coordination Consultant shall submit monthly progress reports which include progress to date, identification of problem areas, evaluations, recommendations and steps for the Project Team to follow to resolve problems. Copies of correspondence will be submitted to the City. Work under this task assumes the preparation of eight (8) monthly progress reports. Also included in this task is technical analysis and exhibit preparation in support of permitting activities to be performed by the City's separate environmental Consultant. Products: Eight (8) monthly progress reports will be prepared Technical analysis and exhibits Tasks 221 and 2.43 Resident Engineer Fite Consultant shall provide comprehensive construction instructions to the City's Resident Engineer and Caltrans Project Management. Caltrans and City Construction Liaison personnel will review the Resident Engineer File for completeness prior to forwarding to the Resident Engineer. A list of items to be included, if applicable for this project, is outlined below: • Quantity Calculations • Pertinent Correspondence • Utility Agreements • R/W Agreements (if necessary) • R/W Maps (if necessary) • Cooperative Agreements • Exceptions Fact Sheets • EIR /EIS • Aerial Photos (Prefer 100 Scale) • Contour Map • Maintenance Agreements • Cross Sections (Earthwork) JN 29886 Robert Bein, William FK& Associates City of Newport BeachW Page 21 • Miscellaneous Survey Information (traverses, • As- builts (bridge, electrical, landscape) • Materials Report • Materials Agreement • October 15, 1993 terrain notes, etc.) • List of Contract Personnel and Phone Numbers ► Project Manager ► Project Engineer ► Traffic Design ► Traffic Electrical Design ► Structures Design ► Traffic Operations I. Traffic Management ► Materials ► Environmental ► Hydraulics ► Right -of -Way Acquisition, Engineering ► Local Agency Representatives and Utility Relocation Not shown on the above list are a Grid Grade Report and Survey Control Map. These items are required when Caltrans is the contract administrator and should not be required for this project, because the City is the lead agency and will be administering the contract. Product: Resident Engineer's File Task 236 Retaining Wall Plans Consultant shall prepare retaining wall plans for the proposed retaining wall at Upper Big Canyon Wash. Consultant shall work in concert with the Geotechnical Engineer to determine the type of retaining wall necessary to retain the roadway fill in this area. The extent of the retaining wall is approximately 400 linear feet, and will be required to retain 30 feet of earth as a result of building the new roadway over the existing canyon. Several options will be examined for the type of wall best suited for this location. If the wall is not a standard Caltrans wall type, a type selection study will be performed by RBF per Caltrans requirements. Type Selection Study The type selection study will address issues regarding the aesthetics, maintenance and cost of the wall. Consideration will be given to soil conditions and recommendations by the geotechnical engineer. A mechanically stabilized earth wall will be considered as alternative to a standard 30 foot high concrete single wall. In addition, a terraced wall system utilizing two 15 foot high walls separated by approximately 10 feet will also be considered. The following tasks will be involved in identifying feasible alternatives in the type selection study: Prepare general plan showing retaining wall layout, profile and typical width Prepare a brief report discussing the proposed alternatives for the retaining wall JN 29886 Robert Bein, William T�& Associates • October 15, 1993 City of Newport Beach Page 22 • Prepare cost estimate for the alternate wall types under consideration • Attend a type selection meeting with Caltrans (Division of Structures) to obtain concurrence from Caltrans prior to preparing final design documents Final Design Plans The final plans will include the following plan sheets: General Plan Foundation Plan and Wall Profile Typical Section and Details Also included in this task will be the preparation of structural calculations for the wall. Current Caltrans policy requires submittal of independent structural calculations and quantity calculations prepared independently by a licensed engineer. A licensed RBF engineer (not involved in original design) will perform this independent check. The final design will reflect agreement between the original and checker. Products: Retaining Wall Type Selection Study Structural Calculations (including independent check set) Quantity Calculations (including independent check set) General Plan (1 sheet) Foundation Plan and Profile (2 sheets) Typical Section and Details (2 sheets) Task 237 If <Idlife Crossing It is understood there is a need for a wildlife crossing below the roadway at the location of the retaining wall described in Task 2.36. The crossing will be an extension of the existing 8'x 8.5' box culvert. The existing structure will be analyzed to determine if it can resist the new loads imposed by additional roadway fill. Under this Scope of Work a retrofit design for the existing box culvert is not included if calculations indicate the existing box culvert will not withstand the new loading conditions. Provided the box is capable of withstanding new design loads, an extension to the box culvert will be designed using Caltrans Standard design plans and specifications for box culverts, headwalls and wingwalls for the connection of new to existing structure will be included in this task. The anticipated width of the crossing will be 8 feet and Caltrans Standard Plans will be used for this design. Products: Box Culvert Plans and Profile (2 sheets) Details at entrance /exit (1 sheet) JN 29886 Robert Bein, William & Associates October 15, 1993 City of Newport Beach • Page 23 Reimbursables As outlined in the City's scope of work, reproductions shall be provided as necessary to complete this project. They shall be provided at cost and an estimate has been provided for your review. Consultant shall obtain approval from the City for any reimbursables over the estimate provided. ::� Robert Bein, William & Associates October 15, 1993 City of Newport Beach 0 Page 24 PHASE 3 - OPTIONAL DESIGN SERVICES Task 3.1 Bidding Assistance Consultant shall provide the City with a "master" bid document set and shall assist the City as requested during the bid process to answer questions relating to interpretation of the construction documents. Consultant shall also assist in the production and distribution of any contract addendum(s) to clarify the bid documents that may be requested by the City. For budgetary purposes, forty (40) manhours have been allocated to this task. Products: "Master" Bid Document Set Addenda as requested for bid clarification Task 3.2 Construction Meeting Attendance Consultant shall attend meetings as requested by the City to resolve construction issues. For budgetary purposes, forty -eight (48) manhours have been allocated to this task. Products: Attendance at construction meetings as requested Task 3.3 Record Drawing Preparation Consultant shall prepare record drawings based on Contractor submitted record bluelines. The Contractor's record bluelines shall be reviewed with the City construction representative prior to final drafting to assure that all field changes have been identified on the plans. Consultant shall make appropriate plan changes for all field changes and reflect date and source in the revision block to be shown on the plans. For budgetary purposes and based on approximately 187 plan sheets, two hundred and eight (280) manhours have been allocated to this task. Product: A complete set of construction plans revised and noted as "Record Drawings" that identify changes made subsequent to bid award. The plans will then be submitted to the City in both hardcopy and electronic formats (DXF). Task 3.4 Record of Surveys Consultant shall provide roadway monumentation and field survey and prepare, process and file with the County of Orange, Record of Surveys to reflect the monumentation found and /or set along the centerline of MacArthur Boulevard. The Record of Surveys will be based upon information delineated on the Survey Analysis Worksheet Exhibit (Task 1.10). This task excludes preparation of right -of -way monumentation. Product: Record of Surveys JN 29886 Robert Bein, William & Associates October 15, 1993 City of Newport Beach • Page 25 Task 3.5 Pedestrian Overnrossing Advance Planning Study The following tasks will be involved in identifying feasible alternatives and associated costs of the proposed pedestrian overcrossing: Conduct subsurface geotechnical analysis and preliminary design report. Prepare structure advance planning studies for comparison of alternative overcrossing improvement concepts. Each study will include an 11" x 17" drawing showing bridge plan, elevations, typical section and structure type with an estimate of probable construction cost based upon structure type and square footage cost factors method for similar construction. Advance Planning studies will be prepared in accordance with Caltrans Memos to Designers 1 -8. For the purposes of developing our cost proposal for this project, it is assumed that two bridge Advance Planning Studies will be required. The Advance Planning Report will identify the preferred alternative. Prepare a brief report discussing each overcrossing alternative. The Advance Planning Study will consider the existing structure type, span lengths and column locations, structure depth, abutment support feasibility, falsework span and depth requirements and other project specific constraints such as traffic and visual impacts or utility constraints. Project specific constraints which will impact this study include impacts to ocean views requiring a low profile and possible alternatives to the standard railing and fence details. One option to be investigated will be the use of clear plexiglass panels for railings in lieu of standard chain link fence material. Task 3.6 Supplemental Fact Sheet If required, a supplemental Fact Sheet will be prepared for any non - standard mandatory or advisory features that become apparent based on the greatest level of detail for the Final Plans, Specifications & Estimates phase. This fact sheet would cover items that may not have been identified in the Preliminary Engineering phase due to the lesser detail of the plans at that stage. Robert Bein, Willia t & Associates City of Newport Beaq Page 26 EXCLUSIONS • Materials Information Handout • October 15, 1993 A Materials Information "handout" can be prepared by Consultant in conformance with Section 111.3 of the Highway Design Manual and include location of possible water sources (e.g. letters, agreements, etc.) indicating definite or tentative arrangements or commitments for water. Import borrow is not anticipated for this project and thus geotechnical investigation, borrow -site grading plans and establishment of environmental clearances is specifically excluded from this scope of services. Hazardous Waste Site Investigation and Report It is our understanding, as stated in the approved Project Report, that an initial site assessment has been completed and no hazardous waste sites have been identified in the proposed project area. Therefore completion of a hazardous waste site investigation and report is specifically excluded from this scope of services. • Iobsite Safety It is understood that Engineer shall complete the design of the Project in accordance with OSHA regulations. It is further understood that Engineer shall not be responsible for Contractor compliance with OSHA regulations during construction of the Project. 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C n 4 • `l bbeft cBeig,`William `Fr'ost 6& c9ssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS ATTACHMENT "A" October 15, 1993 Mr. John Wolter Cooperative Projects Engineer CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Proposal to Provide Professional Engineering Services MacArthur Boulevard Widening Pacific Coast Highway to Ford Road Dear John: JN 29886 Successful design and construction of the MacArthur Boulevard Improvements will require commitment of a consultant with a proven management team, coupled with experienced design engineers who are thoroughly familiar with local issues and processes. Your consultant must also be aware of and sensitive to local concerns, so that the Project easily integrates with existing facilities and earns community support. RBF has been involved in the development of this Project since 1985 when the lowered realignment of MacArthur Boulevard was conceived. Our continued participation in this important transportation project would be an exciting opportunity and we have assembled a Team that has considerable City of Newport Beach and Caltrans project experience. Our Project Team, consisting of RBF, Coast Surveying, Inc., Earth Mechanics, Inc. and Tatsumi and Partners, Inc. is uniquely qualified to complete this Project as a result of our previous work on this Project, our history with the City of Newport Beach and our ability to work closely with Caltrans in obtaining approval for projects which Caltrans has design oversight responsibility, We believe our reputation for service to the City of Newport Beach is unsurpassed and we look forward to discussing this Project at our upcoming interview. Please call me or Gary Miller if you have any questions, or if we can provide you with additional information. Si ael J. Bru , E. Se r Director Municipal and Traffic Engineering MB:eas /29686.003 PC Ken Bell Bob Kallenbaugh Gary Miller 6PZgfessioltal Service cc 2 ce 1944 Gary Warkentin 14725 ALTON PARKWAY • P.O. BOX 19739 • IRVINE, CALIFORNIA 92713 -9739 • (714) 472 -3505 • FAX (714) 472 -8373 OFFICES IN CAMARILLO • COACHELLA • LOS ANGELES • PALM DESERT • SAN DIEGO • TEMECULA • • CITY OF NEWPORT BEACH MacArthur Boulevard Widening • Pacific Coast Highway to Ford Road Location Map SAN DIEGO .� ii REEK ewport\ North Beltourt UNIVERSITY OF CALIFORNIA. IRVINE ,.SAN / Tn JOAQUIN Big Canyon 4 S � Pal �O IRVINE � DR �NSCOttT ATION � =OR = +R fRVINF , BEA Ii \Vr' Harbor View Homes NEWPORT ` - C NTER u ""t lY� 0 ROWN DR VIEW DR Spyglass Hill Harbor View Hills CORONA DII.MAR 6e Segment One NEWPORT BEACH ®Segment Two O Nato >of M Source of Map: LSA n---1 U Future Road /--�� /-tom �j'f_' `7�obcrf Bei sionall Eiam `rs. Pl i8�saocufos Prolessional Engineers, Planners 6 Surveyors 9-83 JN 29B66M29]2 Robert Bein, William & Associates • September 3, 1993 City of Newport Beach Page I PROJECT UNDERSTANDING In 1985 RBF prepared a preliminary plan and comparative cost estimate for three alternative concepts for the widening of MacArthur Boulevard from San Miguel Drive to Pacific Coast Highway. Design features of the preferred alternative included: • A westerly horizontal realignment • A lower vertical elevation • Reduced longitudinal grades The combination of these key geometric features provided a roadway improvement concept which not only provided improved traffic capacity, but also improved its physical relationship to the adjacent residential communities. Subsequent preliminary design assignments that have been prepared and completed by RBF include: Year Description • 1988 - Phased Construction Concept (1 " =40') • 1989 - Parcel Maps and Legal Descriptions - Library and Museum Sites • 1991 - Project Study Report • 1992 - Project Report Technical Support • 1993 - Ford Road Intersection Review • 1993 - Preliminary Right -of -Way Assessment Each segment of MacArthur Boulevard has unique design features and constraints. The following discussion summarizes the proposed improvements and issues throughout the project: A. Pedestrian Overcrossing A pedestrian overcrossing is proposed at the crest of the vertical curve of the existing roadway alignment between San Miguel Drive and Pacific Coast Highway. The proposed alignment will be lowered and moved westerly away from the existing residential development. As part of our initial work program we will prepare a visual analysis of the proposed pedestrian overcrossing. This is the same technique that was recently used by RBF to gain community support for design refinements to the San Joaquin Hills Robert Bein, William Frost R Associates September 3, 1993 City of Newport Beach • Page 2 Transportation Corridor in the City of San Juan Capistrano. It may also be used to address conflicting objectives of noise attenuation and view retention. B. Power Poles Relocation or undergrounding of the existing power poles will be critical to the schedule for construction. RBF will work closely with the City, Caltrans, The Irvine Company and SCE to identify scheduling and relocation requirements and to determine conditions of existing easements and agreements. Preliminary contacts with SCE (Terry Medley 895 -0235) indicate that undergrounding of the existing 66kV facility is planned for next year. C. Landscaping The widening of MacArthur Boulevard will provide an opportunity to unify the landscape theme through the corridor and provide an entry statement for the City of Newport Beach. Landscape design considerations will include: • Entry monuments at the Pacific Coast Highway and Ford Road intersections. • Maintain significant views of the ocean and Big Canyon and retain residential privacy. • A unified architectural theme for pedestrian bridge, retaining walls, signage, street furniture and entry monuments. • Visual experience of drivers and sight distance requirements. • Median landscape and hardscape that complements the character of Newport Beach, is drought tolerant and easily maintained. • An irrigation system and drainage system that will not negatively impact roadway pavements. • Soil constraints such as salt content. JN 29886 Robert Bein, William � & Associates • September 3, 1993 City of Newport Beach Page 3 • Retention of the existing landscape character that will be impacted by the widening of San Joaquin Hills Road. • Median landscape plans and irrigation systems that can be effectively modified if the median is reduced in the future to provide additional travel lanes. • Contour grading where right -of -way can accommodate additional grading. D. Upper Big Canyon Wash Retaining Wall The widening of MacArthur Boulevard north of San Joaquin Hills Road will require the construction of a retaining wall on the east side of the roadway. The purpose of the wall will be to minimize impacts to the adjacent wetlands. Preliminary soils investigation indicate that the existing soil type may not suitable for crib wall construction. In order to maintain the existing wildlife movement in Big Canyon it is anticipated that tie wall will be constructed in two tiers with a bench located at the base of the existing undercrossing. A two tiered wall will also provide the opportunity for landscaping to screen views from adjacent residential development. E. Ford Road Intersection The design and construction of the Ford Road intersection will require careful coordination with the TCA, California Corridor Constructors and The Irvine Company. Currently, the Ford Road intersection improvements are scheduled to begin construction in the beginning of 1994. If delays are realized in the construction of the intersection improvements, as a result of the pending litigation against the SJHTC, the proposed improvements of MacArthur Boulevard may need to be transitioned to the existing roadway north of Ford Road. John Boslet of REF, is currently working with the TCA IN 29886 Robert Bein, William Frost & Associates September 3, 1993 City of Newport Bead • Page 4 and The Irvine Company on a regular basis to reconcile design issues relative to the TCA's proposed Ford Road realignment and resulting modifications to the Buffalo Ranch. In that capacity, he will be able to keep the RBF Team up to date on any changes that might affect the City's MacArthur Boulevard Project and provide liaison between the TCA and City's design teams. F. Pavement Rehabilitation The Project Scope Summary Report for pavement rehabilitation identifies a specific rehabilitation strategy for MacArthur Boulevard. The cross fall inadequacies and local settlement problems identified in the report will be corrected as a part of the proposed project improvements. Final PS &E will be coordinated with the proposed rehabilitation strategy to maximize utilization of the existing roadway improvements. IN 29886 Robert Bein, Williamft & Associates • September 3, 1993 City of Newport B, Page 1 PROJECT APPROACH The RBF Project Team fully understands the policies, standards and procedures required by the City of Newport Beach, Caltrans and the Transportation Corridor Agencies (TCA). Our Team also has worked with the various utility owners with facilities within the Project limits. With a strong management approach and good liaison with the City, Caltrans, TCA, The Irvine Company and the other agencies involved, the design of this Project should be straightforward with a logical progression through the work tasks. Communication and attentive Project management are the keys to successful completion of this important transportation project. It is anticipated that this project will be constructed in two segments and that plans for both segments will be prepared concurrently. Segment 1 will encompass improvements from Pacific Coast Highway to San Joaquin Hills Road. Segment 2 will encompass improvements from San Joaquin Hills Road to Ford Road. The RBF Team has the knowledge, expertise and available staff to prepare two (2) plan sets for this project simultaneously and to prepare them in the most timely and cost effective manner. We have divided our Work Program into twin (2) distinct phases: 1. Preliminary Design Plans (Geometric Approval) 2. Final Plans, Specifications and Estimates (PS & E) This has been done to closely follow Development Procedure Guidelines for Caltrans projects. Although we understand that the City will be the Lead Agency for this project, this Work Program was most recently used very successfully for the complex I -5 /I -405 Confluence and Bake Parkway Interchange in Orange County as well as for the widening of Crown Valley Parkway and adjacent freeway ramps in the City of Mission Viejo and we believe it would provide an efficient system for approval of the MacArthur Boulevard Widening - Pacific Coast Highway to Ford Road Project with both the City and Caltrans. In order to complete the Project within the proposed time frame, it is absolutely essential to develop a 'team " relationship with all of the affected parties, identify responsibilities and obtain a commitment by each team member to the timely review and completion of the tasks within their realm of responsibility. The Team includes the City of Newport Beach, Cakrans, TCA, the RBF Team and the various utility companies. An excellent example of how such a 'teaming' relationship can function effectively is the process utilized by RBF, Caltrans, OCTA, City of Irvine and the County of Orange for the I -5 /I -405 Confluence and Bake Parkway Interchange. This complicated project involved multiple agencies and technical disciplines and the approved contract documents have been completed five (5) months ahead of schedule. This was accomplished through organization of weekly or bi- weekly team meetings with the affected parties. A structured approach to activities with the Caltrans Project Development Team has been maintained in order that the City and Caltrans can be aware of progress and /or needs for shifts in work emphasis. We believe a similar systematic approach should be developed for this project. This will facilitate effective communications with both the City and Caltrans, Included in our JN 29886 Robert Rein, William F t & Associates September 3, 1993 City of Newport Beach Page 2 the steps outlined on the flowchart and by working as a team with the City and others, we believe that the aggressive schedule we have compiled can be accomplished. The Preliminary Design Plans Phase will identify and resolve project issues related to: • Roadway horizontal and vertical alignment • Right -of -way • Utility protection and reconstruction • Maximum utilization of existing roadway improvements • Conceptual Stage Construction /Traffic Handling • Pedestrian Overcrossing at Crown Drive Geometric Approval Drawings (documents similar to a thirty -five (35) percent submittal package) will be prepared for this phase. The Final Plans, Specifications and Estimates Phase will incorporate the comments received from the various plan review agencies (City, Caltrans, TCA, etc.) as a result of the Preliminary Engineering Phase and will produce documents suitable for public advertisement and award. The following outline represents our approach to successful completion of this project. A specific scope of services for the various work tasks is included in this proposal within the section entitled "Scope of Services ". Note: Tile following general items apply to all phases of work 1. Prepare a Work Plan for the Project. The work plan will include: • personnel projections • task disciplines • task and phase budgets The work plan will be tracked on a weekly basis. 2. Prepare a detailed Project Schedule. The schedule will be a refinement of the schedule included in this Proposal. The schedule will identify milestone events and will be tracked and updated on a bi- weekly basis. 3. Prepare an Action Item Matrix which will identify: • critical issues • responsible parties • target resolution dates • actual resolution dates The action item matrix will be updated on a bi- weekly basis. JN 29886 Robert Bein, William t & Associates September 3, 1993 City of Newport Bead Page 3 4. Prepare a Project Status Report on a bi- weekly basis. The report will address: • critical decisions affecting the Project; • progress to date • anticipated problems 5. Meet and Coordinate with the City, Caltrans, TCA and other affected parties including the various utility owners and The Irvine Company on a regular basis. 6. Attend Project Workshops with the City, Caltrans, TCA and the public to present, discuss and resolve critical issues affecting the Project. 7. Initiate and maintain a Quality Assurance program. PHASE 1 - PRELIMINARY DESIGN PLANS 1. Research existing data available on the proposed Project and develop a data base to establish design criteria and constraints. Obtain existing record and design information from the City, Caltrans, TCA and the utility owners. 2. Conduct a pre - design field walk - through to verify the record information 3. Meet with the City, Caltrans and TCA to establish a personal liaison, to discuss Project objectives, plan preparation procedures, project schedules, as well as any special City, Caltrans or TCA requirements. 4. Notify all utilities identified during the initial research to determine potential design conflicts and initiate coordination early in the design process. Identify high risk and low risk facilities in accordance with Caltrans standards. 5. Establish goals, objectives, and constraints of the Project, based upon initial research and jurisdictional agency input, which will drive the overall design concept for the Project. Review the design criteria for the Project with the City, Caltrans, TCA and relevant agencies. 6. Initiate field and aerial topographic surveys. 7. Research and identify right -of -way issues and requirements for the Project. 8. Perform field surveys to locate existing monumentation. 9. Prepare a right -of -way acquisition exhibit that identifies needed right -of -way based on the geometric approval drawings. 10. Initiate geotechnical work which will include recommendations for the retaining walls, sound walls, drainage crossings, slope grading and the pavement structural section. IN 29886 Robert Rein, William t & Associates • September 3, 1993 City of Newport Bead Page 4 11. Prepare geometric approval drawingsforreviewand approval by the City, Caltrans and other approving agencies. It is anticipated that the preliminary plans will be similar to a thirty -five (35) percent submittal and will identify roadway alignment, street improvements, grading, retaining walls and stage construction /traffic handling. 12. Prepare exhibits for the proposed pedestrian overcrossing at Crown Drive and attend public hearings as deemed appropriate by the City to present design concepts and receive public input relating to the proposed overcrossing. 13. Prepare an alternative traffic signal concept and cosilbenefit analysis for Harbor View Drive at MacArthur Boulevard with comparison to the pedestrian overcrossing. 14. Complete an acoustical analysis to verify the need for and location of sound walls. 15. Work with the City to establish a landscape planting theme for the MacArthur Boulevard Corridor and review with Caltrans, TCA and other agencies as appropriate. 16. Prepare a Fact Sheet which summarizes any deviations from mandatory Caltrans Design Standards, 17. Process the geometric approval drawings with the City, Caltrans and TCA and other affected parties. Respond to comments received and incorporate suggested design modifications into the final documents. 18. Prepare a Preliminary Engineer's Estimate (Rough Order of Magnitude). PHASE 2 - FINAL PLANS, SPECIFICATIONS AND ESTIMATES 1. Meet with City and Caltrans to discuss and resolve Project issues prior to proceeding with this phase of work. 2. Prepare the improvement plan set which will include the following: 1. Street Improvement Plans (including layout, grading, profiles and summary of quantities) 2. Standard Plans List 3. Key /Index Map 4. Typical Cross - Sections 5. Construction Details 6. Drainage Plans 7. Erosion Control Plans and Stormwater Pollution Prevention Plan (SWPPP) 8. Stage Construction, Traffic Handling, Construction Area Sign Plans 9. Pavement Delineation and Signing Plans 10. Traffic Signal Modification Plans 11. Street Lighting Plans 12. Cross Sections 13. Utility Location Plans 14. Landscape Plans 15. Retaining Wall and Sound Wall Plans JN 29886 Robert Bein, William t & Associates • September 3, 1993 City of Newport Beac� Page 5 The plans will be prepared utilizing RBF's CADD capabilities and can be AutoCad, GDS or Intergraph at the selection of the City. 3. Prepare Construction Specifications. Specifications will be prepared in Caltrans format, utilizing both City and Caltrans requirements as appropriate. 4. Prepare right-of-way maps and legal descriptions and exhibits in accordance with Caltrans requirements. 5. Generate an Engineers quantity and construction cost estimate based on the final improvement plans. The items utilized for the estimate will follow the Caltrans Basic Engineering Estimating System (BEES). 6. Process the plans with the City, Caltrans, TCA and affected agencies for approval. 7. Review plan check comments, revise plans, specifications, and estimates as appropriate, and resubmit to the City, Caltrans and jurisdictional agencies the package for final approval. 8. Prepare a revised Fact Sheet if the final plans include design deviations not identified in the Fact Sheet prepared during the preliminary design phase. 9. Provide original plans and specifications to the City for their use in obtaining construction bids. JN 29886 CITY OF NEWPORT BEACH MacArthur Boulevard Widening - Pacific, Coast Highway to Ford Road Work Program Flowchart Project Kick -Off Meeting Objectives & Design • City • • Caltrans •TCA • Bidding Assistance • RBF Team • Review Record Drawings • Plan Interpretation • Review Project Report Research & Investigation • Review Previous Studies • Locate Critical Features • Ground Photo Inventory & Approval • Issue Utility Notifications gency Objectives & Design ordination Criteria Development orkshop • Bidding Assistance • Aerial Topography • Intergraph • Plan Interpretation • Field Cross - Sections • ICA Field Survey • Locate Critical Features Overcrossing & Approval •Connection Points nalysis 4"ty • City • Field Borings • s/Exhibits Geotechnical • Laboratory Tests formation Investigation • Pavement Design • Construction Management • Construction Details • Construction Inspection • Construction Recommendations ary Quantity & • Construction Quantities • Utilities t Estimate Final Construction • Stage Construction /Traffic Contraints Identification Fact Sheet • Caltrans Design Standards • Environmental Geometric Approval •Vertical Alignment • Utilities Drawings • Horizontal Alignmr • Drainage • Traffic • Value Engineering Milestone Quality Preliminary hydro Assurance Review .@ NvdrauGee Rer CADD Input I • AutoCad Office Services •GDS • Bidding Assistance • Intergraph • Plan Interpretation • Title Sheet • ICA Agency Review • Typical Sections Project Team Workshops & Approval • Standard Plan Index • City • Key Map Post Design Services • Caltrans • Layout/Street Improvements (Optional) • TCA • Contour Grading • Construction Management • Construction Details • Construction Inspection • Drainage Record Drawings • Construction Quantities • Utilities Utility Notifications Final Construction • Stage Construction /Traffic Drawings Handling • Construction Area Signs Final Hydrology & • Pavement Delineation/Signing Hydraulics Report Construction Quantity • Retaining/Sound Walls • & Cost Estimate • Planting & Irrigation • Lighting/Traffic Signals • Summary of Quantities onstruction Documents •Roadway Cross Sections & Specifications • Pedestrian Overcrossing (Optional) Milestone Quality As,, mauce Review Agency Review Project Team Workshops &Approval Office Services • City • Bidding Assistance • Caltrans • Plan Interpretation • ICA • Consultation • • Change Order Evaluation Field Services Post Design Services (Optional) • Construction Staking • Construction Management • Construction Inspection Record Drawings • Construction Quantities °l"rit Beiq,Williaro'7fDN lA�esxiafes 1517 Prolesslonal Enghours, Planners 8 Sumyors 49l !NMMMMI r H V G:r v Yi Yi V C U }r r v a .r r ^y 2V V it V 7 Q C W M CA �! z O U F � U Ci C ca C o .+ y u 0. 2! Z.E �o u e u rt E a ` `e �� C7 a Y � m a a e � m u d u L U o, g H � Q a C In W C J L � d u � 0 V • � OCO � •_T J �iib' ❑7 a � e�4 a Q N H LL1 d Vj A �iib' ❑7 a � e�4 C. H LL1 V a y o m d =de� e d A e o in c o 2 J � 7 tsl C o c y C m r m L C m dH mom: = u'e S L d Vj A �iib' C. H LL1 V a y A A o in c o J d Q V a y A o in c o J L �m b %z � a 7 c w 5 m o $ a` m Robert Bein, William t & Associates September 3, 1993 City of Newport Be ac • Page 1 PROJECT TEAM/RESPONSIBILITIFS General This section describes the various Team member responsibilities for the MacArthur Boulevard Widening - Pacific Coast Highway to Ford Road Project. Important elements of our Team include our Project Organization, Key Personnel and the assignment of responsibility consistent with experience and demonstrated competence. The primary elements of our Project Management Plan that will be employed to effectively manage and control each aspect of the Project are described below. Project Organization The RBF Team has developed an organization structure that provides the maximum "hands - on" management and technical direction. The Project Organization Chart identifies the organization of the RBF Team and the Key Personnel for this Project. The importance of this project is personally recognized by Mr. Robert Bein as well as all members of the Project Team that we have selected for this assignment. Gary Miller, Principal -in- Charge will have the authority to maintain and augment, if necessary, any company resources that may be required to complete this project on schedule. The RBF Team's Project Manager, Michael Bruz has considerable experience working with the City and Caltrans and will be responsible for organizing and directing the Project staff, assigning responsibilities, and controlling the elements of cost, schedule and quality. He will work directly with the staff to ensure that an efficient and effective Project delivery system is established and maintained. Michael Bruz will be directly responsible to the City and will coordinate all aspects of the contract to ensure that all managerial, administrative and technical requirements are met. He will direct the work of all support functions including subconsultants. The proposed organizational structure will provide an effective means of Project Management and Administration. Our Team will provide comprehensive and highly focused professional services which will result in high quality project plans, specifications and estimates. Key Project Personnel and Assignments The RBF Team is composed of highly qualified and experienced professionals who are very capable of managing the engineering, design, administration and coordination with the City and Caltrans required for the MacArthur Boulevard Widening - Pacific Coast Highway to Ford Road Project. The Project Team is familiar with City and Caltrans standards and processing requirements. The following are the key Project personnel and their respective responsibilities. A resume for each of these key individuals is also included in this Proposal. We would like to emphasize the personal commitment of the following people to the success of this Project. JN 29886 Robert Bein, William st & Associates September 3, 1993 City of Newport Bea • Page 2 Michael Bruz. P.E. Robert Bein, William Frost & Associates Project Manager Mr. Bruz will serve as the Project Manager. Mr. Bruz will be responsible for maintaining regular contact with the City and keeping the City informed on all aspects of the Project. He will attend Project meetings and will closely monitor the resolution of critical issues. In addition, Mr. Bruz will be responsible for overall coordination of the design effort, maintaining the aggressive design schedule and quality assurance. He will also be responsible for obtaining plan approvals from the various agencies involved including the City, Caltrans, TCA and the various utility companies. Mr. Bruz has had over six years of Project Management experience on City of Newport Beach and Caltrans projects. Gary Miller, P.E. Robert Bein, William Frost & Associates Principal in Charge Mr. Miller will serve as the Principal in Charge for the RBF Team. As Principal in Charge, he will have full authority to act on matters pertaining to company policies. Having full authority to direct the firm's resources in support of this effort, he can assure the commitment of the organization necessary to serve the Project Team in the most timely and responsive manner possible. John McLaughlin, P.E. Robert Bein, William Frost & Associates Highway Design Mr. McLaughlin will serve as Highway Design Supervisor and will be responsible for preparation of construction documents for the roadway elements of the Project. In this capacity, he will interact with Michael Bruz on a daily basis. In addition, he will participate in the Project in a "hands -on" manner. He will personally oversee production of the roadway plans and contribute directly to the preparation of the project specifications. Gary Warkentin Robert Bein, William Frost & Associates Geometries and Technical Advisor Mr. Warkentin has been involved in the development of the MacArthur Boulevard Improvement Project since 1985. He was responsible for preparation of the approved Project Study Report and has worked with LSA and the City on various issues throughout the Project Development Process for this Project. He will provide input during preliminary stages of the Project and review preliminary plans prior to submittal for conformance to Project Report requirements and prepare visual analysis of the proposed pedestrian overcrossing. He will be available to attend public information meetings on behalf of the City. Robert Bein, William AWIt & Associates September 3, 1993 City of Newport Bea • Page 3 Paul Young, S.E. Robert Bein, William Frost & Associates Retaining Wall and Sound Wall Design Mr. Young will be responsible for the design of the retaining and sound was for the Project. Mr. Young has over 13 years of experience in designing major retaining walls and sound walls. Mr. Young has extensive experience in processing structural plans with Caltrans. Lino Cheang, P.E. Earth Mechanics, Inc. Geotechnical Engineering Mr. Cheang will be responsible for the geotechnical investigation. This will include field investigations and laboratory testing necessary to provide data for design of foundations, sound walls, grading and pavement structural sections. John Andrew, R.L.A. Robert Bein, William Frost & Associates Landscape Architecture Mr. Andrew will be responsible for all landscape elements of the Project including identifying existing landscape planting and irrigation to remain and be incorporated into the proposed Project, identifying a landscape theme and planting palette and preparing landscape planting and irrigation plans. David Tatsumi. R.L.A. Tatsumi and Partners, Inc. Landscape Design Mr. Tatsumi will work under the direction of Mr. Andrew in preparing the landscape planting and irrigation plans for this Project. Mr. Tatsumi is very familiar with City and Caltrans landscape requirements and will work closely with Mr. Andrew and the City to establish a landscape theme for this Project. John Boslet. P.E. Robert Bein, William Frost & Associates ]landowner Coordination Mr. Boslet will act as liaison between the City of Newport Beach, Caltrans and The Irvine Company in identifying right -of -way requirements and design coordination. Mr. Boslet maintains a daily dialogue with the TCA and California Corridor Constructors (CCC) on Ford Road realignment design issues and schedules. He will work closely with all members of the Project Team to ensure a straightforward right -of -way acquisition process and coordination of design. When previously with the Irvine Company, Mr. Boslet managed the Project Study Report for the MacArthur widening project and negotiated the project JN 29886 Robert Bein, William t & Associates City of Newport Beacmr Page 4 Bud Bacon. P.L.S. Robert Bein, William Frost & Associates Mapping/Right -of -Way • September 3, 1993 Mr. Bacon will be responsible for verifying existing right -of -way adequacy and all mapping /calculating associated with preparation of the plans. Mr. Bacon will work closely with the City and Mr. Boslet in identifying right -of -way requirements and will prepare the right of way maps. James Crawford P.L.S. Robert Rein, William Frost & Associates Survey Mr. Crawford will be responsible for directing all field and aerial topographic services required for this Project. He is very familiar with Caltrans and City of Newport Beach requirements and has completed several projects of similar nature over the past few years. Ruel del Castillo. P.L.S. Coast Surveying, Inc. Survey Support Mr. del Castillo will provide support to the RBF Team in the survey portion of the Project. Mr. del Castillo has worked extensively with REF and Caltrans and has considerable knowledge of Caltrans survey requirements. Bruce Phillips P.E. Robert Bein, William Frost & Associates Hydrology/Drainage Mr. Phillips will be responsible for completing an analysis of the hydrologic conditions and recommending drainage improvements. Mr. Phillips will also be responsible for preparation of the drainage plans, erosion control plans, SWPPP and supporting hydrologic /hydraulic data. H. William Dickson. P.E. Robert Bein, William Frost & Associates Traffic Design Mr. Dickson will be responsible for preparation of the traffic signing /pavement delineation plans, traffic signal and signal interconnect plans, stage construction /traffic handling plans and street lighting. Mr. Dickson has over 25 years of Orange County and Caltrans experience in providing traffic engineering services and has completed numerous similar projects within the City and State business routes, i.e.,Pacific Coast Highway and Newport Boulevard. JN 29886 Robert Bein, William'rast & Associates September 3, 1993 City of Newport Beac Page 5 • Lyndon Calerdine LSA Associates, Inc. Technical Advisor Mr. Calerdine has served as LSA's Project Manager for the MacArthur Boulevard EIR and Project Report. He is familiar with the proposed design and associated environmental impacts. Mr. Calerdine will work with the Project Team to assure consistency of the proposed improvements with the final EIR. Sharon Downs LSA Associates, Inc. Acoustical Analysis Ms. Downs has seven years experience in the acoustical analysis of noise impacts on residential developments. Her experience includes Noise Design Reports for segments of I -5, Route 22, 55, 60 and 91. She will be responsible for preparation of the Final Design Noise Report. Quality Assurance Review RBF's management has always placed great emphasis on quality. RBF has implemented and maintains an effective on -going and milestone quality assurance review procedure on all Project plans. Quality Assurance is initiated through a design review held by senior staff members to discuss the preliminary design concept and work approach prior to commencing design. The design engineer interacts on a daily basis with the responsible senior engineer during preliminary and final design to assure that issues are resolved in the most .timely and cost effective manner possible. For this Project, a formal quality assurance review will take place prior to submittal of the geometric approval drawings (35% design level) and again prior to submittal of the final plans, specifications and estimates. 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N (N 0) - a > c 'o a .W N QI .o < E r\ m Cl rn U a w$ a m m C C L m p I m a d d y m 0 U Ej ; d I w C d J O L A d W w C W J U 0 c U o o c — 3 v w u U m c j H 4N 3 Li i : O Of n� > 2 d J Of N U m m m > ¢ c o m y ° m m m in c i o D v m a Cpp d E ¢ .S d C E ! 12 u . d > N � ¢ m> `o G $ m 5 m ° d E m O m I d J N U n T X A ry m a J U I; 1 d m z a a ¢ z Q > w m i ¢ w a L E E r: m n v c m n s 0 0 g N • • Appendix: CONSULTANT EVALUATION FO; :�..��. A &E PERFORMANCE EVALUATION of A &E Service Contracts PROJECT & CONTRACT DATA Dist - Co - Rte - PM: 12.ORA '5 18.9-22.2 Project Description: 12 -ORA- 405 0.2 -1.2 Type of Work (PS &E, etc.)Confluence and Bake Parkway I.C. (EA 107181) ConsultantCornrasNumbeS &E or Local Agency:OCfA (San Haut - Proj. fgr.) Cattrans Contract Manager: 91 -255 (OCIA Contract #) Phone No: (714) 571 -5823 Prime Consultant: R3F Consult. Proj. Manager. Steve Huff, RBF Office Location: =4725 Alusr Ruk+.ay Phone Number:(714) 472 -3505 Irvine, CA 92713-9739 (� of Strategic Plan Arm. ) Contras Exec. Dale: 10/17/91 Estimated Cordr. Cost: &),555,000 Consurt. Contract Cost to Date: Comr. Completion Dale: 5/31/97 Negot aled Comr. Cost: $5,829,650 $4,770,456 (11/1/92) CONSULTANT EVALUATION Consultant Firm RBF Interim Report: 12/30/92 1/12/93 (revised) A. COMMUNICATIONS B. DELIVERABLES t. Format C. 2. Completeness 3. OuaIV negotiated + P R,s #1,2,3&4 Prime Sub DBE Cateoory Firm's Contras Amount .%ffat vichol Now Req'd $6,031,550 (11/23/92) Final Report: Date of Evaluation: 12/30/92 Exca font' Above Average Improv. Ur.satrs- Average Neeced " .ano.y " X ur n 0 X 4. Timeliness S. Within Budget a. Consultant Contras in X 07A's b. Construction Estimate tit X Evaluation BILLING (Invoice) t. Timeliness nn X / 2. Accuracy D. CONSULT. PERSONNEL t. Project Management 2. Technical Knowledge E. OBE/MBENWBE PARTICIPATION OVERALL RATING Commems: ISee attached M .town. liar" -6..n..oA.a..n..- • • A & E Performance Evaluation Consultant Contract Number: 91 -255 (OCTA's contract N) Prime Consultant: Robert Bein, William Frost 6 Associates (RBF) 14725 Alton Parkway Irvine, CA 92713 -9739 Comments: RBF has maintained excellent lines of communication through a pro- active review process implemented by Caltrans, mcnt�ly Project Design Team (PDT) meetings and weekly Project Team (PT) meetings. Excellent deliverables format was used. RBF is in complete compliance with Contract billing terms and conditions. Invoices have been very consistent and timely. Periodic audits reveal progress calculations to be very accurate and complete. RBF's project management staff consists of "top- notch" personel. •• RBF was given an average rating for DBE /MBE /wBE because It would be unfair to rate them because of the transfer of their ME contract from the Irvine Company, which had no DBE /MBE /wBE goals, to OCTA, State of ca0fornta • Memorandum To Robert Rein, William Frost & Associates Attn: Mr. Jim McDonald, President From : Jim Lankford, Caltmits, (Specifications Engineer) Office of Office Engineers, Sacramento, Calif. Subject : PS&EeffaVquality Dear Mr. McDonald, Business, 0ortatlon and Housing Agency Date : August 5, 1993 Fite : 12 -5 -405- 107181 JLL I would like to express my thoughts conceming my review of the above referenced project that was submitted to Caltrans by Robert Bein, William Frost & Associates. 1 was greatly impressed by the quality of the work done by your staff on this project prior to PS &E submittal, and especially with the effort shown during my review of the project The submittal was complete, accurate and easily read and understood on the whole. As it tumed out, the more significant flaws I found were a result of being instructed to show the work in a very specific manner by District personnel and not at all a result of the designers. It is unfortunate that this happens, but it sometimes does. During the review process, I found your personnel extremely knowledgeable and easy to deal with concerning my review comments. The responses to said comments were always complete, thorough, and done in a very professional manner. In those cases where my suggested revisions were not incorporated, I was given adequate and reasonable justification for not making said revisions. I wish to specifically thank Mr. Steve Huff, Mr. Garnett Gritz, and Mr. Scott Sawyer for their efforts and cooperation on this project. The time constraints we were dealing with for a project of this size were extremely tight Without the cooperation, thoroughness and "work together" attitude shown by these individuals, meeting the proposed advertisement and bid opening dates would have been impossible. Please pass along my appreciation and "a job well done" to your employees from myself. It would certainly be my pleasure to work with your personnel again on a future project Tim Lankford, trans Specifications Engineer, Office of Office Engineers Sacramento, California (916) 677 -7979 Robert Bein, William t & Associates September 3, 1993 City of Newport Bead • Page 1 REPRESENTATIVE PROJECTS WITH CALTRANS OVERSIGHT I- 5/I -405 CONFLUENCE AND BAKE PARKWAY INTERCHANGE, Orange County, CA - RBF was a member of the Project Team which developed a Project Report and Initial Study for the I -5 /I -405 Confluence and Bake Parkway interchange. RBF's role included development of the concept to improve the I -5 /I -405 confluence and also provide for the proposed Bake Parkway /1 -5 interchange. Technical analysis developed as a part of this study included: conceptual interchange design, preliminary layout plan and profiles, weaving analysis, right -of -way delineation, public agency processing, and assistance in project report preparation and final plans, specifications and estimates. RBF has been involved in this project since 1984 as a consultant to The Irvine Company, City of Irvine and Orange County Transportation Authority. Date of Performance: 1984 -1993 Construction Cost: $125 million Project Team: Jim McDonald, P.E. - Principal in Charge Steve Huff, P.E. - Project Manager Michael Bruz, P.E. - Project Engineer John McLaughlin, P.E. - Project Engineer Gary Warkentin - Transportation Planner H. William Dickson, P.E. - Traffic Engineer Client Reference: Mr. Sam Hout Project Manager Orange County Transportation Authority (714) 571 -5800 JN 29886 Robert Bein, William Frost & Associates September 3, 1993 City of Newport Beacie • Page 2 MACARTHUR BOULEVARD (SR -73) PROJECT STUDY REPORT, Orange County, CA- RBF prepared and processed with Caltrans District 12 a PSR for the realignment and widening of three miles of SR -73 from Pacific Coast Highway (SR -1) to San Diego Creek in Orange County. Professional services included aerial topography, preliminary plans, environmental checklist, preliminary cost estimates and agency processing. Date of Performance: 1991 -1992 Construction Cost: $46 million Project Team: Gary Warkentin - Project Manager Larry Wilson - Transportation Planner Patty McNab - Project Designer Client Reference: Mr. Don Webb City Engineer City of Newport Beach (714) 644 -3311 Segment I Ia ;1IS FI4 -2a:L WSW' POTENTIAL U TMATE ROADWAY Segment 2 JN 29886 Robert Bein, William • & Associates • September 3, 1993 City of Newport Beach Page 3 PACIFIC COAST HIGHWAY WIDENING, City of Newport Beach, CA - RBF prepared final plans, specifications and cost estimates for the widening of Pacific Coast Highway (SR- 1) within the City of Newport Beach. This project was a joint effort of the City and Caltrans and involved extensive utility coordination, along with preparation of improvement plans, construction detour plans, and signing and striping plans. Date of Performance: 1986 -1991 Construction Cost: $12 million Project Team: Jim McDonald, P.E. - Principal in Charge Gary Miller, P.E. - Project Manager John McLaughlin, P.E. - Project Engineer H. William Dickson, P.E. - Traffic Engineer Client Reference: Mr, Don Webb City Engineer City of Newport Beach (714) 644 -3311 .._s� .. iL� JN 29886 Robert Bein, Willia & Associates • September 3, 1993 City of Newport Beac Page 4 I -5 /CROWN VALLEY PARKWAY INTERCHANGE IMPROVEMENTS, Orange County, CA - Modification of the I -5 /Crown Valley Parkway Interchange is being locally funded by the City of Mission Viejo, and is currently under design by RBF. This $6.8 million improvement project consists of adding a freeway auxiliary lane, ramp widening, ramp realignment and widening of Crown Valley Parkway to alleviate significant operational problems. The project's impacts on adjacent properties were minimized by staging construction, analyzing and planning traffic flow and parking, and carefully considering each property owner's needs. The RBF team developed and analyzed project alternatives, then prepared the Project Study Report, Project Report and Geometric Approval Drawings. RBF also developed a project Fact Sheet and Advisory Design Exceptions Report, and is currently preparing the final Plans, Specifications and Estimates. The PS &E are being fast - tracked to ensure that construction can be completed simultaneously with the Authority's I -5 HOV project in order to minimize traffic flow slowdowns. Plans being prepared by RBF include ramp layout, profiles, storm drains, signals, signing, striping, staged construction and ramp metering. The RBF Structural Engineering Department is also preparing and processing through the Division of Structures a Type Selection Report and plans for modified retaining walls. Date of Performance: 1991 - Present Construction Cost: $6.8 million Project Team: Steve Huff, P.E. - Project Manager Garrett Gritz, P.E. - Project Engineer Michael Bruz, P.E. - Project Engineer H. William Dickson, P.E. - Traffic Engineer Client Reference: Ms. Shirley Land Transportation Engineer City of Mission Viejo (714) 582 -2489 U&JU : 01 Robert Bein, William & Associates September 3, 1993 City of Newport Beach Page 5 YALE AVENUE /I-105 VEHICULAR OVERCROSSING PROJECT REPORT /PROJECT APPROVAL REPORT, (PR /PAR), Orange County, CA - RBF provided environmental and engineering services to the City of Irvine for preparation and processing of a PR /PAR in Caltrans District 12. Professional services included compilation of new aerial topography, preliminary plans, advanced planning studies, initial site assessment, field survey for critical falsework clearances, preliminary cost estimates and agency processing. Date of Performance: 1992 -1993 Construction Cost: $6 million Project Team: Gary Warkentin - Project Manager Paul Young, S.E. - Project Engineer Patty McNab - Project Designer Client Reference: Ms. Mary Pat Daly- Hiller Associate Engineer City of Irvine (714) 724 -6253 JN 29886 Robert Bein, Willia�t & Associates • September 3, 1993 City of Newport Beac Page 6 LAGUNA CANYON ROAD, County of Orange, CA- RBF provided consulting engineering services to The Irvine Company for preliminary and final design of the widening of Laguna Canyon Road from 1 -405 to the southerly Irvine City limits (approximately 1.7 miles). This project involved processing with both the City of Irvine and Caltrans and provided engineering design in an environmentally sensitive hillside area of Orange County. Date of Performance: 1987 -1990 Construction Cost: $4.6 million Project Team: Gary Miller, P.E. - Principal in Charge Michael Bruz, P.E. - Project Manager John McLaughlin, P.E. - Project Engineer H. William Dickson, P.E. - Traffic Engineer Client Reference: f. Mr. William Gartland Project Manager The Irvine Company (714) 720 -2000 JN 29886 Robert Bein, Williar t & Associates • September 3, 1993 City of Newport Bea Page 7 JOHN WAYNE AII2PORT /SR 55 FREEWAY RAMPS, Orange County, CA - RBF participated as part of the Consultant Team for the preliminary and final geometric and structural design of two freeway ramps connecting the newly expanded John Wayne Airport with the Costa Mesa (SR 55) Freeway. This project was completed on a fast -track design basis and involved processing both with the County of Orange and Caltrans. Date of Performance: 1988 Construction Cost: $8 million Project Team: Jim McDonald, P.E. - Principal in Charge Gary Miller, P.E. - Project Manager Michael Bruz, P.E. - Project Engineer Steve Huff, P.E. - Project Engineer Client Reference: Mr. William Zaun Director of Public Works County of Orange (714) 834 -2308 JN 29886 Robert Bein, William & Associates • September 3, 1993 City of Newport Beac Page 8 JAMBOREE /I -5 INTERCHANGE, Tustin, CA - RBF was the Prime Consultant on the Project Team which developed a Project Report for Caltrans District 7 for the Jamboree Road /I -5 interchange in the City of Tustin. RBF's role included development of alternative interchange designs, phasing plans, weaving analysis, preliminary geometric plans and Project Report preparation. RBF completed this assignment for The Irvine Company in 1986 and the interchange has been completed. Date of Performance: 1986 Construction Cost: $8 million Project Team: Robert Carley, A.I.C.P. - Principal in Charge Gary Warkentin - Project Manager Larry Wilson, A.I.C.P. - Transportation Planner Client Reference: Mr. Dayne Stiles Vice President The Irvine Company (714) 720 -2000 JN 29886 Robert Bein, William & Associates • September 3, 1993 City of Newport Beac Page 9 NEWPORT BOULEVARD WIDENING PROJECT, Orange County, CA - RBF"s Traffic Engineering Department prepared traffic signal and signal interconnect modification, traffic signing /striping and construction phasing /traffic control plans, specifications and estimates for the widening of Newport Boulevard from Pacific Coast Highway to 32nd Street. Date of Performance: 1989 -1990 Construction Cost: $300,000 (Traffic Items) Project Team: H. William Dickson, P.E. - Traffic Engineer Gary Tolmie - Design Engineer Client Reference: Rich Edmonston Traffic Engineer City of Newport Beach (714) 644 -3344 JN 29886 Robert Bein, Willia st & Associates • September 3, 1993 City of Newport Bea Page 10 PACIFIC COAST HIGHWAY (SR -1) SEWER /WATER PROJECTS, Orange County, CA - RBF's Water Resources and Traffic Engineering Departments prepared improvement and traffic control plans for the construction of various sewer and water projects along Pacific Coast Highway between Newport Boulevard and the east City limits. Date of Performance: Construction Cost: 1989 -1992 $250,000 (Traffic Items) Project Team: Water Resources Department Michael Bruz, P.E. - Project Engineer (Civil) H. William Dickson, P.E. - Traffic Engineer Gary Tolmie - Design Engineer Carlos Ortiz - Design Engineer Client Reference: Mr. Stephen Badum Mr. Thomas Dawes City of Newport Beach County Sanitation Dist (714) 644 -3311 of Orange County (714) 962 -2411 We �::� October 24, 1994 CITY COUNCIL AGENDA ITEM NO.____14 ____ TO: Mayor and Members of the City Council FROM: Public Works Department OCT 2 4 1994 SUBJECT: MACARTHUR BOULEVARD WIDENING.. PACIFIC COAST HIGHWAY TO FORD ROAD (C -2825) �APt'R V ry RECOMMENDATIONS: 1. Authorize the Mayor and City Clerk to execute an Amendment to an Engineering Services Agreement with Robert Bein, William Frost & Associates increasing the compensation amount by $77,616.00 for fees and the reimbursable budget by $40,000.00. 2. Authorize the Mayor and the City Clerk to execute a three -parry Memorandum of Agreement Regarding Future Bison Avenue with �'— Z��E L5—) San Joaquin Hills Transportation Corridor Agency and California Corridor Constructors. DISCUSSION: Enainegrino Services Agreement Amendment On October 25, 1993, the City Council authorized the Mayor and City Clerk to execute an Agreement for Professional Engineering Services with Robert Bein, William Frost & Associates covering the preparation of plans, specifications, and estimates (PS &E) for the MacArthur Boulevard Widening project extending from Pacific Coast Highway to Ford Road. The Agreement was executed as authorized and is dated November 1, 1993. The compensation approved for the Agreement's scope of work was $1,090,650.00 which included a Reimbursable Allowance of $10,000.00 to cover the cost of blueprints and other reprographics items. Design work for the first construction segment (Pacific Coast Highway to approximately 1000 feet northerly of San Joaquin Hills Road) is substantially completed. A "70% submittal" was made to Caltrans on June 24, 1994, comments have been received, and the "100% submittal" was made during the week of October 17, 1994. The present schedule is to advertise for construction bids in December 1994 with construction work to begin in March 1995. It is possible, however, that providing satisfactory right -of -way certification and finalizing landscaping design may delay the schedule four to six weeks. Design work for the second segment of construction (1000 feet northerly of San Joaquin Hills Road to Ford Road) is more than 50% complete and a "70% submittal" to Caltrans is anticipated approximately December 1, 1994. Measure "M" funds for constructing this second segment of MacArthur Boulevard are expected in F.Y. 1995 -1996 or F.Y. 1996 -1997 at the latest. • 0 SUBJECT: MACARTHUR BOULEVARD WIDENING PACIFIC COAST HIGHWAY TO FORD ROAD (C -2825) October 24, 1994 Page 2 During the course of performing the design work, items of work beyond the scope included in the original Agreement became apparent and need to be completed. Included in these additional work items are water main extensions to provide landscaping irrigation services, design of pile foundations for sound walls, traffic control plans for a fourth construction stage, and design of a storm water retention basin because of downstream constraints. The Public Works Department staff believes that the additional work items are justified and that the additional compensation amount of $77,616.00 requested by RBF is warranted. The cost of reprographics reimbursables was under - budgeted and needs to be increased by $40,000.00 to cover the actual costs being incurred. Funds to cover the additional fees and reimbursables totaling $117,616.00 are currently available from Measure "M" Account No. 7281 P 301 066 in the amount of $75,000.00 and Gas Tax Account No. 7181 P 301 066 in the amount of $45,000.00. Memorandum of Agreement Regarding Future Bison Avenue After the San Joaquin Hills Transportation Corridor Agency and California Corridor Constructors (the TCA's design -build contractor) had obtained permits from the U.S. Army Corps of Engineers and California Department of Fish and Game for corridor construction, the need arose to widen MacArthur Boulevard for a continuous third northbound lane between Ford Road and Bison Avenue as well as to grade for the extension of Bison Avenue easterly of MacArthur Boulevard. Because of the integral relationship to the City's MacArthur Boulevard Widening project, the staff volunteered to include those areas in the permit applications processed with those same federal and state agencies for the City's project. Those permits and agreements are now in place and contain mitigation obligations for habitat replacement at various locations. As far as the federal and state agencies are concerned, the City of Newport Beach is responsible for satisfying all of the terms and conditions included under the respective permits and agreements. Both the TCA and CCC are willing and prepared to fulfill all the obligations that pertain to the MacArthur Boulevard Widening northerly of Ford Road and to the Bison Avenue extension. The Memorandum of Agreement is written acknowledgment of this unique situation and assures the City of Newport Beach that the TCA and CCC will meet their commitments. Mutual benefits accrue to all the parties as a consequence of the cooperation that this Agreement represents. Don Webb Public Works Director JW:so Attachment s 0 MEMORANDUM OF AGREEMENT REGARDING FUTURE BISON AVENUE (San Joaquin Hills Transportation Corridor Design/Build Contract) THIS MEMORANDUM OF AGREEMENT REGARDING FUTURE BISON AVENUE ( "Agreement ") is entered into as of A�Vay of 1994, among the City of Newport Beach, a Municipal corporation ( "City "), the San Joaquin Hills Transportation Corridor Agency, a California joint powers agency ( "TCA "), and California Corridor Constructors, a California joint venture ( "CCC "), with reference to the following facts: RECITALS A. TCA was formed pursuant to the Joint Exercise of Powers Act (Cal. Gov. Code Sections 6500 et semc .) for the purpose of designing, financing and constructing an extension to the Corona del Mar Freeway (Route 73) in Orange County consisting of a six -lane divided limited access highway of approximately 15 miles and related structures, equipment and systems, commonly referred to as the San Joaquin Hills Transportation Corridor ( "the Corridor "). B. City is responsible for designing, financing and constructing roads within the City's boundaries, and has determined that relocation of certain utilities from the Corridor alignment into Bison Avenue is required in connection with construction of the Corridor (the "Bison Relocations "). C. TCA and CCC have entered into that certain Design/Build Contract with an effective date of November 14, 1991, as amended (the "Design/Build Contract "), which contract provides, inter alia, for Contractor to furnish design of and construct the Corridor and to provide for relocation of all utilities, including the Bison Relocations. D. TCA asserts that the Design/Build Contract requires CCC to obtain (or to ensure that the utility companies obtain) the biological opinion, 404 permit and Section 1601 agreement required for the Bison Relocations (collectively, the "Governmental Approvals "), and to perform (or ensure that the utility companies perform) all mitigation measures required by the Governmental Approvals, without entitlement to a Change Order. E. CCC asserts that the Governmental Approvals for the Bison Relocations are TCA's responsibility under the Design/Build Contract and that TCA is required to provide a Change Order for any changes from the requirements set forth in the Agency Supplied Documents (as defined in the Design/Build Contract) which are necessitated by the Governmental Approvals. F. The parties agree that it is desirable for City, acting as lead agency, to utilize the professional services of LSA Associates, Inc. ( "LSA ") to apply for and process the Governmental Approvals "required for the Bison Relocations ", and for CCC to perform the work of furnishing or obtaining design and construction of the Bison Relocations, including grading of BMOACLN.DOC:10 /19/94 -I- CONTRACT NO. S90 -19 AGREEMENT RE BISON Bison Avenue and performance of the mitigation requirements contained in the Governmental Approvals, and have further agreed that the respective liabilities and responsibilities of TCA and CCC shall not be affected by this arrangement. NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Application for Governmental Approvals. 1.1 Required Governmental Approvals. City has prepared and submitted applications for the U.S. Army Corps of Engineers Section 404 Permit and the California Department of Fish and Game Section 1601 Agreement, and City shall request the U.S. Army Corps of Engineers to obtain the biological opinion from the U.S. Fish and Wildlife Service for the Bison Relocations and associated grading. 1.2 Consultants. TCA shall direct LSA to provide professional environmental consultant assistance to City under existing Contract No. S89 -03, and TCA shall also provide to City such other environmental consultants as are reasonably required by City in connection with preparing and processing the applications for the Governmental Approvals, at no cost or expense to City. 1.3 TCA and CCC Review of Applications. Not less than ten days prior to the date upon which City submits an application or request for a Governmental Approval pursuant to subsection 1.1 above or any modification of an application or request, and not less than ten days prior to the date upon which City is required to respond to comments on any such application, City shall provide a copy of the proposed application and/or response to comments to TCA and CCC for review and comment. TCA and CCC shall each provide its comments within seven days after receipt of the same, provided, however, that failure to provide written approval or comments within such seven -day period shall not be deemed to be an approval. II. Application Fees and Costs. 2.1 TCA shall reimburse City for fees paid in accordance with the California Department of Fish & Game established " DFG Fee Schedule for Streambed Alteration Agreements," excluding any fees necessary due to City's failure to obtain TCA's and CCC's prior written approval of an application form resulting in the need to re -file the application. TCA reserves the right to seek reimbursement from CCC for all such fees. 2.2 LSA consultant fees shall be paid directly by TCA to LSA in accordance with TCA's existing Contract No. S89 -03. TCA reserves the right to seek reimbursement from CCC for such fees. 2.3 City, on the one hand, and TCA and CCC, on the other hand, shall each bear their own respective administrative and overhead costs in connection with the preparation of BMOACLN.DOC:10 /19/94 -2- CONTRACT NO. S90 -19 AGREEMENT RE BISON applications for Governmental Approvals and negotiation of the requirements thereof. TCA reserves the right to seek reimbursement from CCC for TCA's administrative and overhead costs relating thereto. CCC reserves the right to seek reimbursement from TCA for same. III. Mitigation Obligations. 3.1 TCA may, in its sole discretion, disapprove of any proposed requirement of any Governmental Approval. In such event, City shall use all reasonable efforts to obtain removal of such requirement from the Governmental Approval. If such requirement is not removed after City's reasonable efforts, then TCA and CCC will either accept such requirement or allow withdrawal of the application. 3.2 TCA and CCC shall implement any mitigation requirements set forth in a final Governmental Approval, provided that TCA and CCC have had the opportunity to review the application, and have approved the terms of the final Governmental Approval have been approved, as provided under Section I above. TCA reserves the right to seek reimbursement from CCC for costs incurred by TCA in connection therewith, and CCC reserves the right to seek reimbursement from TCA for costs incurred by CCC in connection therewith. 3.3 City shall, in good faith, cooperate with TCA and CCC and provide nonmonetary assistance to TCA and CCC as reasonably requested by either of them in connection with performing any mitigation requirements required by the Governmental Approvals. IV. Default by City: Right to Cure. The parties acknowledge that due to the unique nature of the Corridor, delay in the performance of City's obligations would cause TCA and CCC immediate and irreparable harm. Accordingly, TCA shall have the right to submit applications for the Governmental Approvals in the event that City fails to do so and such failure continues for more than seven days after City's receipt of written notice from TCA or CCC. V. Access to City Property. City shall, at no cost to TCA or CCC, provide TCA and CCC with such access to City property as is reasonably requested by TCA or CCC for purposes of evaluating the Governmental Approval applications and performing any work required by the Governmental Approvals. VI. Agreement Between TCA and CCC. TCA and CCC agree to cooperate and coordinate with each other with respect to the matters which are the subject of this Agreement. TCA and CCC further agree that the fact that either or both of them undertake efforts as described herein shall in no way affect the parties' respective liabilities and responsibilities for any costs and/or delays resulting from (a) any delay in obtaining the Governmental Approvals and/or (b) performance of the mitigation measures required in connection therewith. In undertaking such efforts, neither party waives its assertion as 8M0ACLN.DDC:10 /19/94 -3- CONTRACT NO. 590.19 AGREEMENT RE BISON to the other's liability and responsibility for any such costs and/or delays, and each party fully reserves its rights with respect thereto. VII. Miscellaneous. 7.1 Information. The parties agree to share all information, including, but not limited to, surveys, test, results, geotechnical and other reports, prepared in connection with the Bison Relocations, and to promptly submit to the other party any communications received from the responsible agencies with regard to the Governmental Approvals. 7.2 Notices. Any notices, demands, requests, comments, approvals or other communications to be given by one party to the other shall be given by personal service, telegram, or express mail, Federal Express, DHL or other similar form of airbome/overnight delivery service or mailing in the United States mail, addressed to the parties at their respective addresses as follows: If to City: City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 Attn: Mr. Don Webb With a copy to: City of Newport Beach Public Works Department 3300 Newport Boulevard Attn: Mr. John Wolter If to TCA: Transportation Corridor Agencies 201 East Sandpointe, Suite 200 Santa Ana, California 92707 Attn: Mr. Steve Letterly With a copy to: Nossaman, Guthner, Knox & Elliott 18101 Von Karman Avenue, Suite 1800 Irvine, California 92715 -1007 Attn: Robert D. Thornton, Esq. If to CCC: California Corridor Constructors Two Venture, Suite 250 Irvine, CA 92718 -3331 Attn: Mr. Lloyd Smith &40ACLN.D0C:10 /19/94 4- CONTRACT NO. S90.I9 AGREEMENT RE BISON ry • 0 If to CCC: California Corridor Constructors Two Venture, Suite 250 Irvine, CA 92718 -3331 Attn: Mr. Lloyd Smith With a copy to: Woods & Aitken 1500 American Charter Center 206 South 13th Street Lincoln, Nebraska 68508 Attn: John Ziegenbein, Esq. 7.3 Waiver and Modification. Modification of any provision herein contained, or any other amendment to this Agreement, shall be effective only if the modification or amendment is in writing and signed by the parties. 7.4 Counterparts. This Agreement may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above set forth. City: CITY OF NEWPORT BEACH ATTEST: Ly 9405200X. LA1:08/ 11 /94 -5- . CONTRACT NO. S90-19 AGREEMENT RE BISON .,y TCA: SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY, a California joint powers agency Byo GQL. APPROVED AS TO FORM: By: &511 IYh�U CALIFORNIA CORRIDOR CONSTRUCTORS, a California Joint Venture By: Allan K. Clrkwood Attorney in Fact APPROVED AS TO FORM: By: BNOACLN.D0000 /19/94 -6- CONTRACT NO. 590 -19 AGREEMENT RE BISON