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HomeMy WebLinkAboutC-2886(A) - Pacific Coast Highway/Newport Boulevard Interchange Bridge (Arches) ConsultantCONSULTANT AGREEMENT Traffic Engineering Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Project Report THIS AGREEMENT, entered into this ay of 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and AUSTIN -FOUST ASSOCIATES, INC., whose address is 2020 North Tustin Avenue, Santa Ana, CA 92701 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY has identified improvements to the Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures as a project resulting in substantial public benefit and has identified funding sources to pay for the cost of the improvements. C. CITY and CONSULTANT entered into an agreement dated February 1, 1995, for traffic engineering services to support the preparation of the Project Study Report (the "PSR ") for the interchange improvements, and CONSULTANT has completed the scope of work covered by said agreement. D. CITY has entered into a Consultant Agreement with IWA Engineers to prepare a Project Report ( "PR ") which is the next step in the Caltrans project development process for the interchange improvements. E. Additional traffic engineering services and consultation are required in order to provide the support needed for preparation of the PR. F. CONSULTANT has submitted a letter proposal dated June 8, 1995, including a fee amount, to provide such additional traffic engineering services and consultation as necessary to support preparation of the PR. G. CITY desires to accept CONSULTANT'S letter proposal dated June 8, 1995. 1 0 0 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on June 1, 1995, and shall terminate on April 30, 1996, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated June 8, 1995, attached hereto and identified as Exhibit "A ". SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $5,980.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, arising from or in any manner connected to 2 0 0 CONSULTANT's performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of 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 carriers having a Best's rating of Class B or better: 1. Workers' compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. 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; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. R1 0 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. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. C:��il_•3��Z � CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. ADDITIONAL INSURED With the exception of workers' compensation and professional liability insurance, CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without 4 said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be 5 0 0 maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Steve Badum, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Austin -Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, CA 92701 Attention: Joe Foust (714) 667 -0496 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If 0 0 this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. 7 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: City Attorney ATTEST: CITY CLERK 1 CITY OF NEWPORT BEACH, a municipal corporation CONSULTANT -- �- CONSULTANT , 9 EXHIBIT "A" ®A®AUST /N -FOAST ASSOCIATES, INC. TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING 2020 NORTH TUSTIN AVENUE • SANTA ANA, CALIFORNIA 92701 • TELEPHONE (714) 667 -0496 FAX (714) 667 -7952 June 8, 1995 City of Newport Beach P.O. Box 1768 ":c : :por: Beac'n, CA 92663-3 584 ATTENTION: Mr. Gail Pickart SUBJECT: PROPOSAL - PACIFIC COAST hIIGIIWAUNEWPORT BOULEVARD INTERCHANGE PROJECT REPORT (PR) Dear Mr. Pickart: 12 1995 C,7A H._CA.LIF.. -_.... Austin -Foust Associates, Inc. (AFA) is pleased to respond to your RFP to continue our previous relationship with the City of Newport Beach and IWA Engineers to prepare the Project Report for the subject project. The scope of work for the traffic study includes the following tasks: 1. Provide traffic engineering review and consultant as needed on an on -going basis. in addition, the existing PSR analysis will be reviewed and revised as necessary to reflect a Post -2015 time frame. This review includes: 2. Revise current Post -2010 forecasts to Post -2015. 3. Assessment of the respective impacts on work area traffic control (TMP) 4. Review anticipated levels of service to be provided by proposed project. To provide this array of traffic engineering services, AFA proposes the same time and materials approach we have utilized on similar Caltrans PR projects. In fact, the budget proposed is heavily influenced by that past experience and the efficiencies we have been able to realize as a result of our on -going relationship with the City of Newport Beach. The cost estimate and breakdown of personnel allocation by task are shown in the tables below. Our fee is proposed not to exceed $5,980 based on this allocation. • 0 City of Newport Beach June 8, 1995 Page 2 PERSONNEL ALLOCATION PTE TH Classification Rate Hours Cost Principal Traffic Engineer, PE s115 20 $2,300 Traffic Engincei, PE 70 20 1,4M Transportation Analyst 60 10 600 Design Drafter 45 16 720 Technical /Clerical 40 24 960 TOTAL 4 8 $5.980 Coast I lighway/Newporl Bh'd Interchange PSC Personnel Allocation by Task Task Descriniion PTE TH TA DD 'Tech 1. Traffic Engineer Consultation 8 12 8 4 32 2. Revise Forecast to Post 2015 2 2 2 4 10 3. Evaluate TMP 2 2 4 8 4. Review LOS 4 4 8 5. Project Management 8 _ _ _ 24 32 TOTAL 20 20 10 16 24 I will be the Project Manager, with primary assistance from Ms. Catherine Lawrence, P.E. If you have any questions regarding this proposal, please call. SinceAJoe st , P.E. 9 0 CONSULTANT AGREEMENT Structural Engineering Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Project Study Report and Project Report THIS AGREEMENT, entered into this of 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and W. Koo and Associates, whose address is 792 Town and Country Road, Orange, CA 92668 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY has identified improvements to the Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures as a project resulting in substantial public benefit and has identified funding sources to pay for the cost of the improvements. C. CITY and CONSULTANT entered into an agreement dated February 21, 1995, for structural engineering services to support the preparation of the Project Study Report (the "PSR ") for the interchange improvements, and CONSULTANT has completed the scope of work covered by said agreement. D. CITY has entered into a Consultant Agreement with IWA Engineers to prepare a Project Report ( "PR ") which is the next step in the Caltrans project development process for the interchange improvements. E. Additional structural engineering services are required in order to complete the PSR and provide the support needed for preparation of the PR. F. CONSULTANT has submitted a letter proposal dated May 11, 1995, with a fee proposal to provide such additional engineering services. G. CITY desires to accept CONSULTANT'S fee proposal dated May 10, 1995, for the scope of services referenced in and attached to CONSULTANT'S letter dated May 11, 1995. 0 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on May 1, 1995, and shall terminate on April 30, 1996, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated May 11, 1995, attached hereto and identified as Exhibit "A ". SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $14,171.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT shall obtain and provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and satisfactory to the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of 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 carriers having a Best's rating of Class B or better: 1. Workers' compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. 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; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Ll 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. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. ADDITIONAL INSURED With the exception of workers' compensation and professional liability insurance, CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION B. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or 0 0 transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects or other purposes, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be 0 0 clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make 1 transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Steve Badum, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: W. Koo and Associates 792 Town and Country Road Orange, CA 92668 Attention: Wei Koo (714) 569 -1034 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY, If • 0 this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER IVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. e 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH, a municipal corporation BY: l CI MANAG CONSULTANT BY: l/ W. 00 AND ASSOCIATES t JIM r • W. Koo and Associates Structural Engineers May 11, 1995 Mr. Gail Pickart Project Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 -1768 RE: Newport Channel Bridge (Widen) Advance Planninig Study Alternative 2 planning studies Dear Gail: • EXHIBIT "P" 792 Town and Country Road Orange CA 92668 Tel (714) 569 -1034 FAX (714) 569 -0786 As directed by you, we have conducted a second alternative planning studies on the Newport Channel Bridge (Widen) structure. The proposed alternative will eliminate the need for the sea wall reconstruction and necessary dredging at the north channel. This will also obviate further reconstruction of private docks along the channel right of way. The proposed widening as depicted in Alternative 2, will comprise of a 21 inches (533 mm) prestressed hollow slab structure and a 5" (127 mm) top slab. The total depth will be 2' -2" (0.660 m) as opposed to alternative 1 3' -4" (1.016 m) structure depth. Using a hollow slab structure, the existing vertical clearance will not be reduced due to the widening. The location of the critical vertical clearance will still remain a the existing structure. In a phone discussion with Caltrans DOS oversight engineer, Be Nuyen confirmed that he will be willing to review and comment on this alternative on a separate submittal basis. This means that the city can directly submit to the DOS (with a copy to the district) the enclosed supplemental package for DOS review. Both alternative will be then incorporated in the final PSR. In addition, I have attached a new fee proposal of the additional engineering effort for the aforementioned alternative planning studies. This fee proposal also includes an estimate of the engineering services needed through the Project Report phase. Finally, please find enclosed 3 copies of the following: 1. 11 x17 plans of Alternatives 1 and 2 for Newport Channel Bridge (Widen) APS and SR55 -SRI interchange APS. 2. Revised APS report. 3. APS cost estimates. 4. Letter of comment response /implementation. 5. DOS marked up set with pertinent responses. (PCH512.DOC /05/12/95 02:38 PM) r 0 0 Should you have any questions, please do not hesitate to call me at (714)569 -1034. Very truly yours, W. Koo and Associates, Inc. O� Raymond M. Fares, PE Project Manager AOO & ASSOCIATES PROFESSIONAL FEE ESTIMATE SUMMARY SHEET FOR City of Newport Beach CITY OF NEWPORT BEACH No : Date: Provide additional engineering service to the City of Newport on the preparation of structure advanced planning study on NB Channel Bridge (Widen) to be included in the PSR and PR. Manhours I Average Rates CLASSI 2 Project Engineer 68 24.001 1,632 3 Assist. Engineer 96 20.00 1,920 4 Designer / CADD 53 17.00 901 2 OVERHEAU +U&A L 125% _ 6,912 3).LABOR COST + OVERHEAD (1) + (2) 12,442 4 FEE (Profit) (3)* 12% 1,493 (5) TOTAL COST + FEE (3) + (4) 13,935 01 Reproductions 56 02 Xerox 0 03 Computer 0 04 Travel/Transportation 0 05 SubConsultants 0 06 Soecial Deliveries 180 " (p.wB) 236 171 *KOO & ASSOCIATES • MANHOUR ESTIMATING WORKSHEET '.;,,;`,�,';f<na ;;Prepare PSR for SR- 1(PCH)/ SR55(Newport Blvd) Interchange City of Newport Beach RCITY OF NEWPORT BEACH - -- r.:..0 PM PE AE CAD Total Total MH Prop. Fee 32 68 96 53 249 13 9 35 Attend Project Team Mtg 12 12 0 0 24 1,743 Widening Alternative 2 6 14 28 24 72 3,795 Widening Alternative 2 — cost estimates 2 6 24 1 33 1,785 Final PSR 4 12 12 20 48 2,527 Draft Project Report Phase 4 12 20 4 40 2,244 Final Project Report Phase 4 12 12 4 32 1,841 681 961 53 249 13,935 W.QbO AND ASSOCIATES OTHER DIRECT COST Q ...Prepare PSR for SR-1(PGH)/ SR55(Newport Blvd) Interchange ., City of Newport Beach AaffitffI116TY OF NEWPORT BEACH T— ITEMS I BASIS i ---UNIT --r—AMNT. COST TOTAL Est. number of drawings 3 EA Size of Drawings 6 SF No. of Sets 'SF Bluelines = 20 360 0.14 50 Xerox= 1 SF 18 0.30 5 Sepia Transp= 0 SF 01 0.25 0 Mylars= 0l SF 0 5.00 0 Vellums= 01, SF 01 0.09 0 TOTAL (1) 56 Calculations 0 Sh 0 0.08 0 Reports 0 Sh 0 0.08 0 Specifications 0 Sh 0 0.08 0 TOTAL 2 CAD Oper. @ 0 0 10.00 0 CPU Time @ 0 Min. :H in 000 [ 4.50 0 Plottings 0 EA TOTAL (3) 0 1(4)11 FLIGHT Btw ORA to SAC 0 EA 0 250 0 Rental Car 0 Day! 0 60.00 0 Htl/PerDiem 0 Day! 0 75.00 0 Person. Car 0 mile! 0 0.25 0 TOTAL (4) 0 0 Survey 0 L 0 Geotechnical 0 L 0 US Mails O� E 1.00 1.0 1 0 100 FedEx(or Eq) 4 E 0-4 2 : Special Del. 2 E 1.00 40 80 TOTAL (6) 0 1801 0 CONSULTANT AGREEMENT Environmental Documentation Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Improvements j� THIS AGREEMENT, entered into this � � fh day of �/ OrC% TI ,1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and MBA, whose address is 17310 Red Hill Avenue, Suite 250, Irvine, CA 92714 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY has identified improvements to the Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures as a project resulting in substantial public benefit and has identified funding sources to pay for the cost of the improvements. C. CITY retained IWA Engineers in March 1993 to perform Preliminary Engineering for Pacific Coast Highway /Newport Boulevard Interchange Study and Final Engineering for Pacific Coast Highway and Newport Boulevard Landscape Improvements which work products were received and filed by City on January 9, 1995. City also retained IWA Engineers to prepare a Project Study Report for the Pacific Coast Highway /Newport Boulevard Interchange Bridge Structural Improvements, a draft of which was submitted to Caltrans on February 17, 1995, D. CITY is entering into an agreement with IWA Engineers for engineering services to prepare a Project Report (hereinafter referred to as the "PR ") for the Pacific Coast Highway (SR1) /Newport Boulevard (SR55) Interchange Bridge Structures which is the next step in advancing the interchange improvement project. E. CITY acknowledges that IWA Engineers needs the support of other design disciplines, such as environmental documentation in order to complete preparation of the PR and the Project's Plans, Specifications, and Estimates. F. CONSULTANT has submitted a letter proposal dated March 15, 1995, to cover environmental documentation services which are a necessary and integral part of the PR. 0 0 G. CITY desires to accept CONSULTANT's letter proposal dated March 15, 1995. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on February 22, 1995, and shall terminate on December 31, 1996, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated March 15, 1995, attached hereto and identified as Exhibit "A ". ' SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $19,918.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT 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 0 below and satisfactory to the CITY 0 Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies except for workers' compensation shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of 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 "carriers having a Best's rating of Class B or better: 1. Workers' compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. 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; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. 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. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 0 0 B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE If CONSULTANT at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONSULTANT's name or as an agent of the CONSULTANT and shall be compensated by the CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. ADDITIONAL INSURED Except for workers' compensation insurance, CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered • personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Steve Badum, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: MBA 17310 Red Hill Avenue, Suite 250 Irvine, CA 92714 Attention: Kathleen Brady (714) 250 -5555 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or 0 • any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties havJ caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: fir. C MANAGIEf CONSULTANT BY: �- A March 15, 1995 Mr. Gail Pickart City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -8064 EXHIBIT "A" RECEIVED 199 au9llC 4JORr:S ' SUBJECT: Environmental Documentation for the State Route 1 /State Route 55 Interchange Bridge Structures Improvements Dear Mr. Pickart: Michael Brandman Associates (MBA) is pleased to submit this proposal for the preparation of environmental documentation for the State Route I /State Route 55 (SR- 1/SR -55) Interchange Bridge Structures Improvements. The project would entail the reconstruction of the SR- l /SR -55 separation and widening of the SR- 55/Newport Channel bridge. The associated ramps would be modified as necessary to accommodate the widened bridges. The City of Newport Beach has obtained funding for the interchange improvements under the Intermodai Surface Transportation Efficiency Act (1STEA); therefore, environmental documentation pursuant to the National Environmental Policy Act (NEPA), as well as the California Environmental Quality Act (CEQA), is required. After a preliminary review of the draft Project Study,. Report and the Final Environmental Impact Statement/Final Environmental Impact Report, (FEIS/FEIR), it appears that the appropriate environmental documentation would be a reevaluation pursuant to NEPA and an addendum EIR pursuant to CEQA. To streamline the process, a joint Reevaluation /Addendum EIR would be prepared. The City of Newport Beach would be the lead agency for the CEQA documentation and the Federal Highway Administration (FHWA) would be the NEPA lead agency. An EIS/EIR was prepared in 1985 that addressed the proposed project. When evaluating what level of additional analysis is required, it must be recognized that the document is approximately 10 years old. FHWA requires a reevaluation of a previous document if it has been more than three years from the last major approval on the project. Determination of the requirement for any additional environmental documentation is based on the reevaluation. For CEQA, given the time lapse, it is important to consider if conditions triggering a Subsequent EIR are present. Basically, a Subsequent EIR is required if there are substantial changes to the proposed project or its circumstances, or if there is new information which was not known or could not have been known at the time the EIR was certified. If these conditions do not apply, the CEQA Guidelines provide that an agency can prepare an addendum to a certified EIR when minor technical changes or additions are necessary to make the EIR under consideration adequate. The environmental documentation will consider the No -Build Alternative and Alternative A,as outlined in the draft PSR. 1 -310 Rcd Hill lcenue, Suite 250, Irvine, (sdiform 9271-1 -11. 250. 5555 FAX 714. 250. 5556 La'rve Lo <A9GBLLS SNJDIEGO . SACRAMENTO . SANJose 0 Mr. Gail Pickart March 15, 1995 Page 2 CEOA DOCUMENTATION To ensure that the appropriate CEQA documentation is prepared, MBA must evaluate the project, the circumstances, and consider if new information is available. From our preliminary review of the project, it appears as if the project is generally the same as what was evaluated in the FEIS/FEIR. This scope of work concentrates on the evaluation of the circumstances and if new information is available. The primary areas of concern are with regards to traffic, air quality, noise, hazardous materials, and biological resources. While there will be a review of the other topical issues addressed in the document, these issues will be the focus of additional technical analysis. These technical studies will provide the City of Newport Beach the necessary data to address concerns that may be expressed by residents or other agencies. It is assumed that since neither the SR- 1 /SR -55 or the Newport Channel bridge have been identified as historic bridges that no new cultural resource analysis is required. • Traffic -- Austin Foust Associates has prepared new traffic analysis evaluating a post 2015 horizon year. This data will provide an update to the analysis in the FEISIFEIR and ensure that the socioeconomic projections adopted since the 1985 FEIS/FEIR was adopted have been considered. The traffic data will be evaluated to ensure that the level of service resulting from the proposed project is consistent with the level of service considered in the previous document. • Air Quality -- The objective of the air quality study is to analyze the direct, indirect, and cumulative impacts of the project on local and regional air quality in the South Coast Air Basins (SCAB). This determination will be made by comparing existing (1995) air quality without the project, and future air quality post 2015 under the two alternatives (No Build and Alternative A). The primary pollutants to be addressed in the environmental document are divided into two categories: local and regional. The two local pollutants are carbon monoxide and fine particulate matter (PM10). Carbon monoxide is highly localized, and the highest concentrations will occur in the immediate vicinity of the interchange. PM10 impacts in the vicinity of the interchange will also need to be addressed during both construction and operation. The 1990 federal Clean Air Act Amendments require hot spot analyses of both carbon monoxide and PM10. Regional emissions of ozone precursors, including both reactive organic compounds and nitrogen dioxide, will be quantified for all scenarios. There also will be a detailed regulatory setting discussion, including a description of air quality regulatory agencies and their responsibilities: the project's conformity to federal Clean Air Act conformity requirements and the Southern California Association of Governments' AQMP Conformity Guidelines for transportation projects. This report will also assess the project's consistency with measures contained in the 1994 South Coast Air Quality Management Plan Revision. 0 0 Mr. Gail Pickart March 15, 1995 Page 3 The air quality Study shall include a description of regional air quality, including a listing of state add federal pollutant standards exceeded in SCAB; local air quality at the Costa Mesa station, supplemented by readings at the Newport Beach station (closed 1/93); and local meteorology, including wind conditions. Construction impacts will be analyzed for the peak construction day according to procedures in the SCAQMD 1993 CEQA Handbook, based on the proposed design information. The peak construction day will be developed based on information provided by the City of Newport Beach and Caltrans regarding the day on which the most area will be under active grading or exposed, the most equipment will be in use, and the most employees will be onsite. The significance of emissions without mitigation will be compared to construction emission thresholds in the CEQA Handbook. Fugitive dust emissions, based on total amount of grading, excavation, and demolition of existing structures, will be estimated. Calculations will be based on hours of daily operation, cubic yards of soil excavated, cubic feet of structures demolished, etc., as specified in the CEQA Handbook. The PM10 fraction of total fugitive dust will also be determined based on formulae contained in the CEQA Handbook. Equipment emissions, based on estimates of precise types of equipment to be used and calculated on a daily operations basis according to emission factors in the CEQA Handbook, will be analyzed. Peak construction day employee vehicle emissions, according to average home -to -work trip lengths in Orange County and using most recent vehicle emission factors contained in the CEQA Handbook, will be calculated. Based on the traffic study report, up to 5 air quality prediction sites will be selected for analysis of CO and PMIO impacts. Selected sites will be based on their potential for highest exhaust emissions. Selected modeling sites will be presented to the City of Newport Beach and Caltrans for approval prior to the analysis being conducted. Using the ARB Caline 4 model and the most current emission factors available, CO levels at selected sites for both 1 -hour and 8 -hour standards for all alternatives will be modelled. At each site, runs should be conducted for p.m. peak. Analyses will be conducted for post 2015. Using Caline 4, PM10 impacts at each modeled site will be estimated. Analyses will be conducted for 2010. Pollutant concentrations without mitigation will be assessed and compared to SCAQMD thresholds of significance. Regional impacts will be determined for all scenarios, including the baseline No -Build for post 2015 without mitigation. There would be a total of two alternatives evaluated. The project area emissions without the project for post 2015 will be determined. For each alternative, additional emissions over the No -Build condition, based on traffic volumes and speed, will be calculated. Potential impacts on ozone concentrations of each alternative, based on emission thresholds contained in the CEQA Handbook, will be determined. Mr. Gail Pickart March 15, 1995 Page 4 Conformity to the AQMP SIP will be addressed for Alternative A. Based on transportation project conformity guidelines issued by SCAG, conformity with the adopted AQMP to ensure conformity to federal Clean Air Act and ISTEA conformity requirements will be determined. The analysis will be based on the 1994 AQMP, where applicable, unless there are legal reasons why a previous SIP submittal should be used as the basis for determining federal conformity. Mitigation measures will be developed for Alternative A, if needed. Mitigation measures will be developed for construction and operational impacts from suggested mitigation measures contained in the CEQA Handbook. Benefits of mitigation measures according to criteria contained in the CEQA Handbook will be calculated and will be compared to each other for scenarios with and without mitigation. Based on SCAQMD definitions of "significance," a determination will be made if all direct and indirect impacts have been reduced to less than significant levels. By conducting the air quality analysis, the City of Newport Beach will have the documentation required to substantiate that the project complies with present air quality standards and consistency regulations. • Noise - The objective of the noise analysis will be to perform noise studies to satisfy the environmental study requirements, using the traffic projections provided. Measures required to minimize potential noise impacts will be identified. MBA will perform the noise study in conf4mance with applicable local, state, and federal standards. Existing and proposed land use maps shall be reviewed to identify all noise - sensitive land uses and activities located in the vicinity of the interchange. Noise - sensitive land uses falling within the impact areas, such as residences to the northeast and southwest of the interchange, shall be considered in the noise impact assessment. An ambient noise survey of up to six one -hour monitoring sites that are representative of noise - sensitive receptor locations will be conducted in the project vicinity. Noise monitoring results would be used to document the existing noise environment in the project study area and to calibrate the calculated results of the noise prediction model. The MBA noise specialist would make preliminary selection of these noise - sensitive sites for noise monitoring, as well as noise -model prediction purposes. Final selection of these sites will be approved by the City of Newport Beach and Caltrans. Noise measurements will be conducted using Larson -Davis Type 1 Sound Level Meters. Noise levels will be recorded following the guidelines established in the FHWA manual, "Sound Procedures for Measuring Highway Noise: Final Report (FHWA- BP- 45 -1R)" of August 1981. All noise measurements shall be made in units of Equivalent Continuous Noise Level (Leq) on the A -scale (dBA). 0 0 Mr. Gail Pickart March 15, 1995 Page 5 Construction noise represents a short -term impact on ambient noise levels in the project vicinity. 'Those receptors that would be affected by highway traffic noise may also be adversely affected by project construction noise. Typical construction equipment expected to be used during the construction of the transportation facilities and the related radiated noise - levels will be identified and assessed. Construction hours' constraints within the City of Newport Beach will be identified and recommended as part of the mitigation measures. Existing and future traffic noise levels will be calculated using the Caltrans' SOUND 32 Highway Traffic Noise Prediction Model, or the FH WA- approved STAMINA 2.0 highway noise prediction program. Both SOUND 32 and STAMINA 2.0 calculate traffic noise levels at a given location based on roadway geometries, ground attenuation factors, and traffic characteristics (such as traffic levels by vehicle type and vehicle speeds). Existing traffic noise levels calculated with SOUND 32 or STAMINA 2.0, with field- observed traffic volumes and a mix at the representative receptor locations, will be used to calibrate field measurement results. Predicted future post 2015 traffic noise levels will be calculated for Alternative A at each of the selected noise receptor locations (the .same receptor locations that were proposed to be field monitored). Future noise levels will be determined for two post 2015 alternatives: the No -Build Alternative and Alternative A. The computed post 2015 long -term traffic noise levels will be used to determine land use compatibility based on approach or exceedance of FHWA/Caltrans noise abatement criteria or a substantial increase in existing noise levels, as identified by Caltrans as a noise impact. Areas in need of mitigation shall be identified. The abatement analysis shall consist of studying standard noise abatement techniques for affected land uses. A determination of the feasibility and reasonableness of noise barriers or other abatement measures based on FHWA/Caltrans criteria at each affected land use shall be made. The location and height of sound barrier walls designed to reduce impacts to acceptable noise levels (for both existing and future noise impacts) will be determined, where necessary. The amount of attenuation provided by each length of wall will he calculated for various wall heights using SOUND 32 or STAMINA 2.0 models. Alternative mitigation measures shall be discussed where noise barriers at the edge of the shoulder or at the right -of -way of the interchange would not be feasible or effective in protecting noise - affected structures. Upgrades of building shell structures will be recommended if preliminary design drawings are available and extensive outdoor -to- indoor noise reduction is required. Mitigation measures for receptors significantly affected by the construction activities also shall be prepared. 0 0 Mr. Gail Pickart March 15, 1995 Page 6 • Hazardous Materials -- The issue of hazardous materials has become of greater concern since the FEIS/FEIR was prepared in 1985. The Reevaluation /Addendum will incorporate the findings of the Initial Site Assessment prepared by Law /Crandall Inc. Biological Resources -- MBA will provide a preliminary biological review of the project site in the vicinity of the Newport Channel bridge. While no sensitive resources were identified at this location during the preparation of the FEIS/FEIR, there have been a number of new species that are now protected. In addition, there could be changes in the conditions that may result in new impacts (e.g. presence of eel grass that was not growing in that location 10 years ago). This survey will not involve any diving or focused surveys, but will identify if there appears to be the need to conduct such surveys. These analyses will serve as an update to the previous document. Assuming that no issues arise that would require the preparation of a Supplemental EIR, this technical analysis will provide the basis of the Reevaluation /Addendum FIR. No public review of an Addendum FIR is required. NEPA DOCUMENTATION As previously indicated, FHWA requires a reevaluation of the previous document if it has been more than three years from the last major approval on the project. The purpose of the reevaluation is to determine if there has been a substantial change ip the social, economic, or environmental effects of the proposed project. The written reevaluation must consider if there are any substantial changes in the project itself or the circumstances under which the project is to be undertaken. For reevaluations utilizing older documents, it must also consider the analysis in light of any new regulations that may apply to the project. The technical studies identified above will provide this evaluation. The Caltrans Environmental Handbook (May 2, 1994) states that there is no set format for a Reevaluation, but that it should include the following items: • Project title • Project description • Previous environmental approvals • Project Changes • Changes in project setting or circumstances In addition, a Conclusions Section will be included that provides a determination if there have been any changes to the project or circumstances, or if any new information is available that would require the preparation of additional environmental documentation. The conclusions will also evaluate the applicability of the adopted mitigation measures and the need for any additional measures. For purposes of this scope of work, it is assumed that no additional documentation is required. 0 Mr. Gail Pickart March 15, 1995 Page 7 • Ten copies of the preliminary Reevaluation /Addendum EIR will be submitted for review by the City of Newport Beach and Caltrans District 12 Environmental Planning Branch. MBA will be responsible for reproduction of the document and the supporting analysis prepared by MBA, as outlined below. The City of Newport Beach will reproduce any copies of the traffic analysis or hazardous materials analysis requested by Caltrans or FHWA. MBA will meet with the City of Newport Beach and Caltrans to receive comments on the document. Once revisions are completed, an administrative draft of the Reevaluation /Addendum EIR will be resubmitted to the City for review. Once it meets the approval of City staff, the document will be transmitted to Caltrans for submittal to FHWA for review. Another round of revisions are provided for to respond to comments by FHWA. Since the document will not require public review, no formal response to public comments are necessary. MEETINGS, COORDINATION, AND ADMINISTRATION MBA will attend meetings with the City of Newport Beach at critical points in the process. It is anticipated that a total of six meetings will be necessary. These meetings will be to coordinate with responsible agencies, receive comments on the draft document, and enhance communication. While FHWA is the federal lead agency, the Army Corps of Engineers (ACOE) and the Coast Guard will also have permitting authority over the project. Therefore, it may be beneficial to meet with these agencies at the onset of the project to elicit input on their concerns. This would allow incorporation of any environmental issues into the evaluation. It has been MBA's experience that meetings at key times allows the project to run smoother and allows for a more streamlined schedule. The critical points where meetings are anticipated are: • Consultation meetings with the ACOE and the Coast Guard (2 meetings) • Meeting with the City and Caltrans to receive comments on the draft Reevaluation /Addendum EIR • Meeting to review how revisions were made to respond to comments on the draft document • Attendance at one community meeting to present environmental analysis • General update meeting during the project Should additional meetings be required or attendance at public meetings be necessary, this can be accommodated on a hourly basis. This scope of work does not provide for the preparation of a mitigation monitoring program or findings. If, after discussion with the City it is determined that these services are desired, MBA can incorporate them into this scope. n u Mr. Gail Pickart March 15, 1995 Page 8 SCHEDULE n u It is anticipated that the preparation of the environmental documentation will take approximately 28 weeks. This schedule assumes that the environmental documentation will be initiated once the City of Newport Beach and Caltrans indicate that the information in the Project Study Report will not be substantially modified (i.e., project design and traffic data). Week Notice to proceed 0 Meetings with ACOE and Coast Guard 1 -2 Preparation of the preliminary Reevaluation /Addendum EIR 2 -6 City and Caltrans review of the document 6 -10 Revisions to the Reevaluation /Addendum EIR 11 Final review by the City of the document I2 Document transmitted to FHWA 13 FHWA review and comments 13 -19 Revisions to incorporate FHWA comments 20 FHWA final review and approval of the Reevaluation 20 -28 This schedule assumes standard review times for Caltrans and FHWA. Review times accounts for approximately 19 of the 28 weeks outlined in the schedule. If through coordination with these agencies the City is able to reduce the review periods, the schedule will be reduced accordingly. BUDGET The projected cost for the preparation of the Reevaluation /Addendum EIR is $19,918. A budget spreadsheet is attached that provides a breakdown of these costs. A list of the deliverables is provided below. • 10 copies of the preliminary Reevaluation /Addendum EIR (City and Caltrans review) • 6 copies of the revised Reevaluation /Addendum EIR (reviewed with City and Caltrans at meeting) • 10 copies of draft Reevaluation for City to transmit to Caltrans for forwarding to FHWA • 6 copies of final Reevaluation for 'signature by FHWA Mr. Gail Pickart March 15, 1995 Page 9 0 Thank you for the opportunity to provide a proposal on the State Route I /State Route 55 Interchange Bridge Structures Improvements. If you have any questions, please do not hesitate to call. Sincerely, MICHAEL BRANDMAN ASSOCIATES Kathleen Brady, AICP Director, Transportation Programs PR /0064P015.prp attachment • • ---------------------------------------------------- o :s: . : � _ poi it _ J �<- "« it Fi it it 0 10 — — m iiT it - -- — — — 0 it r o .o it it 0 ao o it it it - -- it 2 1- V it it a' O i 0 i 0� 0• O� b� b• O� O: O O• 0 0 0� O• �: O• O� 'D 4 6 .a �N 3 >m �V n 6 y L — nY <L < xQ it O O a m > L O . T 6 0' — N Y x x> O�£ '� � x L L O• L q LL C 6� T 0 Y • Z N •� n 6 K L �• O• y• L T. y� O O • V G • 1- i V S < • V C N 5 m 1- • O O_ Oi C x a u0• <L :00 O �� :u �r ux• 6 oC N � • O •b i0 £ V� .9 l if r i n0 XO X M X £ O Q 7 O O � Y W X H Y £ X H X Z • 6 Xti • U U O 6 N N N N N N Q H O ¢ O mmmmmm F F J �0�00 O F O 6 O H O b O b O O Z U F �o O U O O O y N K O K WOO £ On ali 6 x b i6 �m iH uF X 6 n N U nm 0 aW a w1 b 6 � F n j o O X 2 u o � Y I� • KATHLEEN M. BRADY, AICP • ASSOCIATE PRINCIPAL✓MANAGER OF TRANSPORTATION SERVICES Ms. Brady is an environmental planner and project manager with 16 years of experience in a wide range of public and private development projects. Her experience includes particular strengths in transportation planning, environmental document preparation, large -area Specific Plans, and General Plans. She has been responsible for managing complex environmental and planning projects, including a major transportation corridor's environmental analysis and a commercial airport expansion. Ms. Brady is experienced in all phases of project management, including interagency coordination, public hearing presentations, task coordination, scheduling, and budget management. She is knowledgeable in both state and federal environmental regulations. Professional Experience • Managed the preparation of the Foothill Transportation Corridor EIR for a proposed tollroad in Orange County. The locally preferred alternative traverses the large tracts of undeveloped land, the San Onofre State Beach Park, and the Marine Corps Base, Camp Pendleton. Significant impacts of the project included biological resources, growth inducement, cultural resources, parkland impacts, land use impacts, and potential national defense issues. The Transportation Corridor Agency, a joint powers authority, was the lead agency for the project. • Managed the environmental documentation for the Foothill Circulation Phasing Plan, a public and private partnership, for the accelerated implementation of the arterial highway network in southeast Orange County. This project required extensive coordination between the County of Orange and the major landowners to identify the probable short -term phasing of development and the needed circulation network to support that level of development. The need for $240 million of improvements was identified and financing commitments established. A two -phase program for the: improvements was established; the most critical were identified as Backbone 1 improvements. The EIR addressed the impacts associated with the development of the Backbone 1 circulation network, as well as key environmental issues, such as land use, biological resources, air quality, and circulation. • Managed the environmental documentation and mitigation monitoring program for the John Wayne Airport Master Plan. Coordinated with federal, state, and local agencies on this $310 million improvement project, which included a new terminal, taxiways, fuel farms, a circulation system, general aviation tiedowns, and other associated improvements. This 5 -year project required preparation of construction -level environmental documentation for each of the improvements, and review of plans and specifications of each project, for compliance with the mitigation measures identified in the original EIS/EIR, the construction -level documentation, and the conditions in the legal stipulated agreement reached as part of settlement of the lawsuit. Additionally, onsite monitoring was conducted (before passage of AB 3180 requiring mitigation monitoring) to ensure mitigation compliance. • Managed the preparation of Foothill Transportation Corridor Route Location Study Environmental Baseline and Alternatives Analysis, the initial step in the corridor analysis for the proposed multimodal facility. Various alternatives were 7KBR4M (Wr) KATHLEEN M. BRAD #ICP (continued) • identified based on engineering studies and public and agency seeping meetings, and a multidisciplinary constraint evaluation was conducted to identify the most feasible alternatives to receive subsequent environmental review. The project involved extensive coordination with federal, state, and local agencies, as well as a public participation program. During this phase of the project, a joint powers authority was formed to include the County of Orange and eight cities. • Managed the preparation of the Mid - Valley Parkway EIR, a proposed grade - separated transportation facility in the Coachella Valley. The project includes potential displacement, endangered species, use of Indian lands, and floodplain encroachment. The project is being prepared for CVAG in coordination with Caltrans and the local cities. • Prepared the Initial Study/Environmental Assessment (IS/EA) leading to the issuance of a Negative Declaration/Finding of No Significant Impact (ND/FONSI) for freeway improvements for John Wayne Airport. Caltrans and Federal Highway Administration were the lead agencies for the project, which involved direct ingress and egress ramps from State Route 55 to the new airport terminal and widening of an overcrossing on State Route 73. Key issues were circulation, air quality, and public facilities interface. • Managed the environmental documentation for the widening of Interstate 5 from the Interstate 4051Interstate 5 confluence to State Route 1. The project included the construction of high- occupancy vehicle lanes. The portion of the project from Interstate 405 to Et Toro Road was processed with a reevaluation of a previous ND/ FONSI. A separate IS/EA was prepared leading to the preparation of an ND/FONSI for the remainder of the project. Key issues were circulation, displacement, noiVe, air quality, and potential wetland impacts. • Managed the preparation of an IS/EA leading to the issuance of an ND/FONSI for the widening of State Route 91 from State Route 57 to Interstate 605 in Orange and Los Angeles counties. The project involved displacement of 31 residential units, four industrial buildings, and numerous other right -of -way takes. Key issues were land use, circulation, potential historical resources, potential parkland impacts, socioeconomics, and hydrology. • Managed preparation of a Specific Plan for a 3,000 -acre mixed -use project in Moreno Valley, California. • Developed a feature plan for the Foothill - Trabuco area in southeast Orange County. She also assisted in development of the Community Plan for the Foothill- Trabuco area, a 7,550 -acre planning area. • Prepared Initial Studies and Negative Declarations for numerous public and private projects, and presented findings at Planning Commissions and Boards of Supervisors hearings. 7"R4%rR (EDT) KATHLEEN M. BRAD WCP (continued) • Updated the Orange County General Plan transportation element, consisting of the Master Plan of Arterial Highways, a Transit Component, Countywide Bikeways, and Scenic Highways. • Updated the county General Plan, including management of plan amendments for a large -scale Specific Plan and feature plan. Managed cooperative studies for transportation facilities between the County of Orange and local cities. Professional History Education Michael Brandman Associates - Associate Principal/Manager of Transportation Services Orange County Environmental Management Agency - Senior Planner, Environmental and Special Projects; Planner IV, Advance Planning; Planner IV, Transportation Planning; Planner III, Environmental Analysis; Planner II; Planner I B.S., Sociology, University of California, Riverside Certificate, Planning and Development, University of California, Irvine Certificate, Management, University of Southern California Professional Affiliations American Institute of Certified Planners 7KBR4/TR MDT) TUNG -CHEN CHUNG, PH.D. 0 MANAGER, ACOUSTICAL AND AIR QUALITY SERVICES Dr. Chung is an environmental engineer with a strong educational background and experience in noise and air quality impact studies. His expertise encompasses various areas of these disciplines, including community and transportation noise, such as highway, railroad, and airport noise; building HVAC (Heating, Ventilating, and Air Conditioning) mechanical equipment noise and vibration control; building exterior and interior sound and vibration control; and room acoustics design. He also has excellent technical knowledge of local and regional air quality analysis. He has extensive experience in air quality models released or approved by EPA and ARB, such as FDM, ISC2, UAM, EMFAC7PC, CALINE4, and URBEMIS. Dr. Chung is a member of the Institute of Noise Control Engineering. He served as Acoustical Specialist for the County of Orange Environmental Management Agency. He is also a member of the Orange County Certified Acoustical Consultants, providing consulting services to the county on acoustical. (noise) issues. Dr. Chung has an open -end contract with Counties of Orange and Los Angeles to provide noise and air quality study services on an as- needed basis. Professional Experience • Performed more than 100 noise studies for community and transportation noise analyses, including field measurements and analyses on highway traffic noise - related projects. Prepared acoustical reports with mitigation measures (sound barriers and /or upgrades on building shell) for projects including the following: Pasadena Light Rail Transit System Supplemental Study — Analyzed the impact to noise- and vibration- sensitive receptors adjacent to the proposed rail stations and maintenance yards. Noise and vibration impacts from train passby on elevated rail tracks, on subgrade rail tracks, or near grade separation were examined. Noise and vibration impacts from construction of the LRT were also examined. Mitigation measures were specified. - State Route 91 High - Occupancy- Vehicle Lanes Addition Project, located between U.S. 605 and State Route 57, in Los Angeles and Orange Counties, California— Assessed and recommended mitigation measures for noise impacts associated with the proposed project to sensitive receptors along the freeway. The FHWA- approved STAMINA Highway Noise Prediction Model was used to predict the traffic noise. Conducted noise monitoring at more than 50 representative noise - sensitive locations along the route. - Interstate 5 High - Occupancy - Vehicle Lanes Addition Project, located between El Toro Road and Pacific Coast Highway, in Orange County, California— Assessed and recommended mitigation measures for noise impacts associated with the proposed project to sensitive receptors along the freeway. The FHWA - approved STAMINA Highway Noise Prediction Model was used to predict the traffic noise. Conducted noise monitoring at more than 50 representative noise - sensitive locations along the route. Port of Long Beach Master Road and Railway Transportation Plan EIR Noise Study — Assessed noise impacts associated with the proposed rail improvement project. Short-term construction - related and long -term rail operation - related noise impacts were identified. Mitigation measures were specified. 9TCC3.TR OMT ) TUNG-CFIEN CHUNG',& .D. (continued) 0 Performed air quality studies for projects such as transportation facilities, landfills, office buildings, and bay enhancement/sediment management projects. Prepared air quality reports for projects including the following: Pasadena Light Rail Transit System Supplemental Study — Analyzed air quality impacts on sensitive receptors adjacent to the proposed rail routes, stations, and maintenance yards during construction and operation of these facilities. Air quality impacts from construction and use of the rail maintenance yards were of particular concern for the school district and were specifically examined. The EPA's Fugitive Dust Model (FDM) was used to assess PM 10 concentrations at six elementary school sites during construction of a rail maintenance yard. Foothill /Base Line Commercial/Park -and -Ride Facility, located in the City of La Verne, Cal ifornia — Project - related air pollutant emissions were identified and examined. CO hot spot analysis was conducted, using the California Air Resources Board (ARB) CALINE4 model, at intersections that would be affected by the project traffic. Project - related mobile emissions were predicted using the ARB URBEMIS model. The procedures and emission factors for construction equipment and certain mobile sources contained in the South Coast Air Quality Management District (SCAQMD) luality Handbook were used for this air quality impact study. Performed more than 50 acoustical analyses on building interior sound and vibration isolation for hospitals, apartment complexes, office buildings, performing arts centers, schools, etc., throughout the United States. Projects included the California State University, Los Angeles, Art Complex; Arizona State University Performing Arts Center; the Beverly Hills 10tel Renovation; Caesar's Palace Conference Room; Kern County Administration Building; Brea - Olinda High School Auditorium and classrooms; and the Anaheim Convention Center. Professional History Education Michael Brandman Associates - Manager, Acoustical and Air Quality Services County of Orange -EMA - Acoustical Specialist Smith, Fause and Associates - Senior Project Consultant Ph.D., Mechanical Engineering, University of California, Los Angeles M.S., Mechanical Engineering, University of Mississippi, Oxford B.S., Mechanical Engineering, National Tsing -Hua University, Taiwan UAM Regional Air Quality Modeling, University of California, Irvine FHWA Highway Noise Analysis Certificate, University of Louisville, Kentucky Noise Control for Building and Manufacturing Plants Certificate, BBN /San Francisco 9TCC3.TR (MI) 0 • CONSULTANT AGREEMENT Structural Engineering Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Project Study Report THIS AGREEMENT, entered into this Q�,2/ day of !' !�ZZ [ 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and W. Koo and Associates, whose address is 792 Town and Country Road, Orange, CA 92668 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY has identified improvements to the Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures as a project resulting in substantial public benefit and has identified funding sources to pay for the cost of the improvements. C. CITY retained IWA Engineers in March 1993 to perform Preliminary Engineering for Pacific Coast Highway /Newport Boulevard Interchange Study and Final Engineering for Pacific Coast Highway and Newport Boulevard Landscape Improvements which work products were received and filed by CITY on January 9, 1995. D. CITY is entering into an agreement with IWA Engineers for engineering services to prepare a Project Study Report (hereinafter referred to as the "PSR ") for the Pacific Coast Highway (SR1) /Newport Boulevard (SR55) Interchange Bridge Structures which is the next step in advancing the interchange improvement project. E. CITY acknowledges that IWA Engineers needs the support of other professional design disciplines, such as structural engineering, in order to complete preparation of the PSR. F. CONSULTANT has submitted a letter proposal dated November 21, 1994, to prepare the Bridge Advanced Planning Study which is a necessary and integral part of the PSR. Ll 0 G. CITY desires to accept CONSULTANT's letter proposal dated November 21, 1994. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on January 10, 1995, and shall terminate on December 31, 1995, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated November 21, 1994, attached hereto and identified as Exhibit "A ". SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit 'W', the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $15,395.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable 0 0 attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANTs negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of 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 carriers having a Best's rating of Class B or better: 1. Workers' compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. 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; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. 0 L 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. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE If CONSULTANT at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONSULTANT's name or as an agent of the CONSULTANT and shall be compensated by the CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. 6- CL-,2- Ll SECTION 11. E CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Steve Badum, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: W. Koo and Associates 792 Town and Country Road Orange, CA 92668 Attention: Wei Koo (714) 569 -1034 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the i • other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. 0 .3_ CL�_ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: Attorney CITY OF NEWPORT BEACH, a municipal corporation CONSULTANT BY: L CONSULTANT b3 - C)L >4-- W. Koo and Associates Structural Engineers November 21, 1994 Mr. Gail P. Pickart Project Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92659 -1768 RE: SR -1/ SR55 Interchange APS Dear Mr. Pickart: E X H i B I --- 'A* 792 Town and Country Road Orange CA 92668 TEL (714) 569 -1034 FAX (714) 569 -0786 Enclosed please find WKA's fee proposal for the preparation of the Bridge Advanced Planning Study (APS) for the PCH /Newport Blvd Interchange Project. WKA will assist IWA Engineers in the preparation of the Project Study Report (PSR) for the referenced project. There will be one bridge alternative to be studied at the interchange as well as the widening of an channel bridge south of the interchange. The fee proposal includes services described in the scope of work as summarized below: The Bridge Advanced Planning Study (APS) will be prepared following the Caltrans Memo to Designers Section 1 -8. A copy of Memo 1 -8 is enclosed herein for your reference. For the preferred alternative of a two span structure over PCH, the Draft Summary Report prepared by IWA indicated a precast bridge option to be used due to the lack of standard highway vertical clearance. The APS will review the use of precast or other option to facilitate the construction with the least structure depth, while maintaining the minimum highway clearance during construction. The preparation of APS for the bridge widening over the Balboa channel- The widening of approximately 45 feet to the west of the exiting channel bridge may involve detailed study of the seismic stability of the existing structure. However, because the structure was widened by Caltrans once, we will proceed with the work assuming the retrofit requirement of the existing structure has been met during the construction of the previous widening. k Mr. Gail Pickart • • City of Newport Beach 11/21/94 Page 2 • WKA will coordinate the bridge APS work with IWA Engineers, who is preparing the PSR for the City. Our effort will also include attending the PDT meetings at Caltrans, assisting the preparation of the PSR, responding to the City's and Caltrans comments on the PSR and the APS, and preparing the final approved APS. WKA is pleased to have the opportunity to serve the City on improving this critical interchange for Newport Beach. We look forward to working with you on this challenging assignment. Sincerely, W. Koo & Associates "'Wei Koo,SE Principal WTK /hgp Templatel /21- Nov -94 xc: Marie Marston, IWA W.000 & ASSOCIATES PROFESSIONAL FEE ESTIMATE SUMMARY SHEET FOR City of Newport Beach CITY OF NEWPORT BEACH RFP No : Date: Provide structural engineering service to IWA on the preparation of structure advanced planning study to be included in the Project Study Report CLASSIFICATION 56 02 Xerox I Total Sala 1 Project Manager 31 36.50 1,132 2 Project Engineer 72 24.00 1,728 3 Assist. Engineer 100 20.00 2,000 4 Designer /CADD 68 17.00 1,156 240 _ (2) OVERHEAD +G&A @ 125% (3) LABOR COST + OVERHEAD (1) + (2) 01 Reproductions 56 02 Xerox 0 03 Computer 0 04 Travel/Transportation 0 05 SubConsultants 0 06 Special Deliveries 180 - (pch 55_3.wB) Cl 7 VOOO & ASSOCIATES • MANHOUR ESTIMATING WORKSHEET PEii.iCT . 'Prepare PSR for SR- 1(PCH)/ SR55(Nerport Blvd) Interchange City of Newport Beach CITY OF NEWPORT BEACH 1fiEANi tQi1E iiPti^111+iW►31 PM PE AE CAD Total Total MH Prop. Fee Tt�i1( li#. L3hl[ .............'.:..:::::':.......... .........;.:..................: 31 72 100 68 271 15,159 "TASK,.'... SCAt) �.. Itil !i...._. .....................:: Attend Project Team Mtg 10 12 0 0 22 1,646 Preferred Alternative (w/ RW) 6 14 28 32 80 4,181 PCH Bridge over Balboa Channel Widening 6 10 32 24 72 3,798 Cost Estimates 1 4 8 0 13 737 Project Report (APS) 4 20 12 4 40 2,354 Final Submittal 4 12 20 8 44 2,444 31 72 1061 68 271 15,159 W. !O AND ASSOCIATES OTHER DIRECT COST FRQ,ij= , :,,.,Prepare PS for SR- 1(PCH)/ SR55(Nerport Blvd) Interchange City of Newport Beach Ar.:::<..,:.<I W A ITEMS BASIS UNIT AMNT. COST TOTAL (i.j R- WIPiW.W1`` WFtQW ' ' G}1"S Est, number of drawings 3 EA Size of Drawi ns 6 SF No. of Sets Bluelines = 20 SF 360 0.14 50 Xerox= 1 SF 18 0.301 5 SepiaTransp= 0 SF 0 0.25 0 Mylars= 0 SF 0 5.00 0 Vellums= 0 SF 0 0.09 0 TOTAL 1 56 '2j Calculations 0 Sht 0 0.08 0 Reports 0 Shl 0 0,08 0 S ecifications 0 Shl 0 0.08 0 TOTAL 2 0 CAD Oper. @ 0 Hrs 0 10.00 0 CPU Time @ 0 Min 0.00 4.50 0 Plottin s 0 EA 0.00 5.0 0 TOTAL 3 0 WW WW RIM .,.. FLIGHT Btw ORA to SAC 0 EA 0 250 0 Rental Car 0 Day 0 60.00 0 Htl /PerDiem 0 Day. 0 75.00 0 Person. Car 0 Mile 0 0.25 0 TOTAL 4 0 0 Survey 0 L 0 Geotechnical 0 L 0 TOTAL 5 0 US Mails 0 EA 1.00 0.45 0 FedEx(orEq) 4 EA 1.00 25 1001 Special Del. 2 EA 1.00 40 80 -- TOTAL (61- -. _0 - —— _ - - —_— 180 CW Advance Planning Studies Advance Planning Studies are prepared by Design at the request of the Districts or Program Advisors. Advance Planning Study cost estimates are for budget purposes. Districts may request several studies to compare alternative project concepts. There is a renewed emphasis on cost controls at all levels of the organization. The Districts are being held accountable for project cost increases. If it becomes necessary to request cost increases not covered by the contingency funds, the District must take that money from some other project. This often means losing a project. Therefore, it is very important that we, as consultants to the Districts, provide the best planning costs possible. The basic objective of such studies is to develop, as early as possible, a feasible type of structure, cost, and controls appropriate for the specific location. It is important that careful consideration be given to span lengths, structure depths, column locations, seismic retrofit, scour, railing upgrade, approach slabs, falsework requirements, and other controls. The structure foundations shall be discussed with the Geotechnicai En�neerlGeoicigisti to determine foundation type. Furnish enough detail for pricing. After pricing, review costs carefully for overall adequacy and any missing items. Contact the Planning and Liaison Engineer or the District if additional information is required. Inaccuracies in preliminary structure costs may occur because the costs associated with traffic handling have not been anticipated. To insure that traffic handling is given proper consideration in the early design stages, identify traffic handling and falsework assumptions on the studies. Usually, one of the following list of conditions will prevail. The applicable note should be placed on the drawing. Supersedes Memo to Designers 1 -8 dated March 1991 C - -' 7 • Roadway Stationing • Retaining Walls • Bridge removal, if required ',.,:,.. Approach. Slalas Note that the ideal study indicated above is frequently not possible. Information may not be available at time of request; time requirements may preclude careful study; decisions may not yet be made, etc. Under such conditions, preparers must either delay response, if that is acceptable, or more typically, prepare a study incorporating whatever assumptions are necessary. Preparers should document, both on drawings and in transmittal memos, the basis for the study and the associated cost. When studies are complete, Design will route them to the Estimates Section for pricing. The Estimates Section will return the tracings with the required number of prints. The Design Section will review the estimate and forward the tracing and two prints with appropriate comments to the appropriate Planning and Liaison Engineer (routed through Bridge Design Supervisor A or B). The original tracing for all studies is filed in the Planning and Liaison Section until the preliminary report is prepared, at which time it is filed in the preliminary report. Advance Planning Studies that are updated, either for detail changes or cost escalation, shall show a revision date. Distribution of prints should be the same as the original distribution. Attached is an Advance Planning Study which shows typical data and format. Planning Study Responsibility Project Study Reports (PSRs) and Project Scope Summary Reports (PSSRs) require an Advance Planning Study when there are structures involved in the project. PSRs are prepared by either the District or a consultant. These projects may be designed by Caltrans or a consultant. The following outlines Division of Structures responsibilities to provide and/or review Advance Planning Studies. District Prepares PSR or PSSR: Design by OSD APS by OSD Design by Consultant APS by OSD Consultant Prepares PSR or PSSR: Design by OSD APS Review by OSD Design by Consultant APS Review by EFPB U 5 --C% ppO luul Q luul 2 U v O 0 � L I l d % V � V o O C Um �a v h i � 3 v \c 0 0 3 U U a �I n �r, U h 0 h W o cn Flo v lQi F- f N F U� b a � c o •F � vo U e b y v P I N tl x O V V K � � Z V V Z W W F �IaI IN rn� � m `- b o c E = w c w r $ 0 0 _'mo w9 dN�a� m �NJ3QU�N1� ti h I I h I / � 3 v 0 3 a �I n �r, U h 0 Flo m Q O h � Q h sunionuiS i0 NOIS1Al0- NOLLY1tlOdSNYtll d0 iN3Wltltld30- MINtlOjlltlO 40 31VIS Attachment U3-0(J2, ti 0 40 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Memorandum January 31, 1995 TO: (1) CITY MANAGER (2) CITY CLERK FROM: Shauna Oyler Public Works Department SUBJECT: CONSULTANT AGREEMENT (Austin -Foust Associates, Inc.) Traffic Engineering Services for Pacific Coast Highway and Newport Boulevard Interchange Bridge Structures Project Study Report (PSR) C -2886 The City Council approved a Consultant Agreement with IWA Engineers for the subject work on January 9, 1995, which was clarified on January 23, 1995. IWA Engineers need the support of several other consultants in order to prepare the Project Study Report. The supporting consultants will cover the areas of traffic engineering, structural engineering, geotechnical engineering, and environmental documentation. Attached is the Consultant Agreement with Austin -Foust Associates, Inc. for traffic engineering support. CITY MANAGER 1. Please sign all copies 2. Forward to City Clerk CITY CLERK 1. Please sign all copies 2. Please keep 1 copy for your file and return the remaining 2 copies to Shauna. Thank You, Q__,5/--7 'C Attachments 0 • CONSULTANT AGREEMENT Traffic Engineering Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Project Study Report THIS AGREEMENT, entered into this 113Z- day of 7 J 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and AUSTIN -FOUST ASSOCIATES, INC., whose address is 2020 North Tustin Avenue, Santa Ana, CA 92701 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY has identified improvements to the Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures as a project resulting in substantial public benefit and has identified funding sources to pay for the cost of the improvements. C. CITY retained IWA Engineers in March 1993 to perform Preliminary Engineering for Pacific Coast Highway /Newport Boulevard Interchange Study and Final Engineering for Pacific Coast Highway and Newport Boulevard Landscape Improvements which work products were received and filed by CITY on January 9, 1995. D. CITY is entering into an agreement with IWA Engineers for engineering services to prepare a Project Study Report (hereinafter referred to as the "PSR ") for the Pacific Coast Highway (SRI) /Newport Boulevard (SR55) Interchange Bridge Structures which is the next step in advancing the interchange improvement project. E. CITY acknowledges that IWA Engineers needs the support of other professional design disciplines, such as traffic engineering, in order to complete preparation of the PSR. F. CONSULTANT has submitted a letter proposal dated January 13, 1995, to prepare traffic projections, accident analyses, and work area traffic control all of which are necessary and integral parts of the PSR. G. CITY desires to accept CONSULTANTS letter proposal dated January 13, 1995. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on January 16, 1995, and shall terminate on December 31, 1995, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated January 13, 1995, attached hereto and identified as Exhibit "A ". SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $11,920.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, 0 9 damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANTS negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANTS indemnification of CITY, CONSULTANT 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of 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 carriers having a Best's rating of Class B or better: 1. Workers' compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. 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; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. 0 0 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. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANTS operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE If CONSULTANT at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONSULTANTS name or as an agent of the CONSULTANT and shall be compensated by the CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be 9 0 required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. 9 0 SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Steve Badum, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Austin -Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, CA 92701 Attention: Joe Foust (714) 667 -0496 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed 0 0 served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. E IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation //f APPROVED AS TO FORM: City Attorney CONSULTANT BY: ` CONSUL A` ATTEST: �O CITY CLERK <�Fptya ®r®AUST /N -FOUST ASSOCIATES, INC. TRAFFIC ENGINEERING AND TRA NSP ON TA TION PLANNING 2020 NORTH TUSTIN AVENUE • SANTA ANA, CALIFORNIA 92701 January 13, 1995 City of Newport Beach P.O. Box 1768 T,lewport Bench, CA 92663 -3334 ATTENTION: Mr. Gail Pickard RECEIVE[ JAN 1 6 1405 TELEPHONE (714) 667 -0496 FAX (714) 667 -7952 SUBJECT: PROPOSAL - PACIFIC COAST HIGHWAY/NEWPORT BOULEVARD INTERCHANGE PSR Dear Mr. Pickard: Austin -Foust Associates, Inc. (AFA) is pleased to respond to your RFP to continue our on -going project in Newport Beach to complete the PSR for the subject project. As with the several other PSR projects that our two firms have coordinated, AFA proposes to prepare the traffic study aspects of the PSR. The scope of work for the traffic study includes the following tasks: 1. Updating current Post -2010 forecasts to Post 2015. 2. Identification and evaluation of the impact on accidents of the four alternatives 3. Assessment of the respective impacts on work area traffic control (IMP) and COZEEP costs. 4. Comparison of the levels of service to be provided by each alternative. 5. Provide traffic engineering review and consultant as needed on an on -going basis. To update the traffic volumes from Post -2010 to Pou -2015, AFA proposes to examine the City's own traffic model (NBTAM) and the current version of the countywide OCTAM -II model. The difference in build -out scenarios of both of these models will be reviewed to guide in the extrapolation of Post -2010 forecasts for another five years. A detailed accident analysis will be conducted to examine current accident patterns and project the influence of each of the various alternatives on that existing pattern. This analysis will also examine 0 City of Newport Beach January 13, 1995 Page 2 0 the expected accident rates associated with each type of interchange. The influence of each of the implications, alternatives on work area traffic management and traffic control will be identified. The various cost, including COZEEP, along with type and duration of delay to local circulation will be evaluated. The detailed analysis of the levels of service provided in the original draft summary report will be reviewed and updated to reflect Post -2015 travel forecasts. AFA will also be available to provide consultation and traffic expertise for various issues which invariably arise during the preparation, of a PSR. To provide this array of traffic engineering services, AFA proposes the same time and materials approach we have utilized on our other previous PSR projects. In fact, the budget proposed is heavily influenced by that past experience and the efficiencies we have been able to realize as a result of our on -going relationship. The cost estimate and breakdown of personnel allocation by task are shown in the tables below. Our fee is proposed not to exceed $11,920 based on this allocation. PERSONNEL ALLOCATION Coast Highway/Newport Blvd Interchange PSE Classification Rate Hours Cost Principal Traffic Engineer, PE $110 40 $4,400 Traffic Engineer, PE 70 56 3,970 Transportation Analyst 60 32 1,920 Design Drafter 45 16 720 Technical/Clerical 40 24 960 TOTAL 16 4. 1$ 1.970 Coast Highway/Newport Blvd Interchange PSE Personnel Allocation by Task Task Description PTE TE TA DO Tech 1 Update Forecast to Post 2015 12 12 24 4 52 2. Conduct Accident Analysis 8 16 8 32 3. Evaluate TMP and COZEEP casts 4 8 4 16 4. Prepare LOS Comparison 4 8 8 20 S. Traffic Engineer Consultation 4 8 12 6. Project Management 8 4 _ _ 24 36 TOTAL 40 56 32 16 24 City of Newport Beach January 13, 1995 Page 3 I will be the Project Manager, with primary assistance from Ms. Catherine Lawrence, P.E. If you have any questions regarding this proposal, please call. Sincerely, Joe E. Foust, P.E. 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERn- P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 17Y Z. TO: PURCHASING /FINANCE DEPARTMENT FROM: CITY CLERK DATE: April 10, 1995 SUBJECT: Contract No. 2886(A) Description of Contract Consultant Agreement for PCH /Newport Blvd. Interchange Bridge Structures Project Report Effective date of Contract Authorized by Minute Action, approved on March 27, 1995 Contract with IWA Engineers Address 17390 Brookhurst Street, Suite 100 Fountain Valley, CA 92708 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach March 27, 1995 CITY COUNCIL AGENDA ITEM NO. `-% is TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD MAR 2 7 I�nS INTERCHANGE IMPROVEMENT PROJECT (C- 2886)(A) APPROVED RECOMMENDATION: — -- _....... Authorize the Mayor and the City Clerk to execute an engineering agreement with IWA Engineers for the preparation of the Project Report. DISCUSSION: On January 9, 1995, City Council authorized an engineering agreement with IWA Engineers to prepare a Project Study Report (PSR) for the Interchange Structures Improvement project. Attached is a copy of the conceptual plan. This initiation of the PSR document is the first step of the Caltrans project development process that the City must follow to pursue the proposed project to replace the existing PCH /Newport Boulevard interchange bridge and widen the westerly side of the existing Newport Channel bridge. The PSR is required to secure Caltrans conceptual approval of the proposed project since this work is within the State highway right -of -way. This document utilized the information obtained from the recently completed Improvement Study and integrated additional information such as Initial Site Assessment, preliminary environmental evaluation, formalized traffic study, bridge and retaining wall advanced planning studies, detailed vertical alignment analysis, and the conversion of existing base maps and preliminary plans to metric dimensions as required by the State. The PSR preparation is proceeding on schedule and on February 17, 1995, the City's consultant submitted the draft of the PSR document to Caltrans for their review. The success of this project largely depends on the City's ability to meet the project schedule in order to take advantage of the Federal funding •opportunity under the Intermodal Surface Transportation Efficiency Act (ISTEA) program. The project schedule, although realistic, does not provide much room for deviation in meeting the construction contract award deadline of June 1997. As shown on the attached schedule, the next step is the preparation of the Caltrans Project Report (PR). The PR document more fully describes the proposed project including preliminary design, environmental mitigation requirements as established by the Environmental Impact Statement and reevaluation document, specification and confirmation of right -of -way needs, utility relocations, project scheduling and phasing, and funding. The completed PR document will be submitted to City Council and Caltrans for 0 SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE IMPROVEMENT PROJECT (C -2886) March 27, 1995 Page 2 • review and; approval. The completion and approval of this document will conclude the preliminary engineering phase of the proposed project. The next step will be to initiate the preparation of plans, specifications, and estimates, the final design phase for the project. To meet the aggressive schedule, it will be necessary to initiate the preparation of the PR document before the final City Council approval of the PSR document. As shown on the project schedule, the approval of the final PSR will be tentatively set for the City Council meeting on April 24, 1995. City Staff proposes that additional engineering agreements with the project consultants be executed to prepare the PR at this time to advance the project. Provisions will be made within the PR engineering agreements to permit termination of the agreements should the City Council elect to not proceed with the proposed project at the April 24 meeting. The various elements of the report will require detailed technical information from several consultant specialists. Separate minor engineering agreements will be required to provide report preparation and coordination, traffic engineering, structural engineering analysis, and geotechnical engineering. IWA Engineers, Inc. was originally selected as the most qualified consultant to perform the preliminary engineering for the project. They have completed the Improvement Study and are presently preparing the PSR document. On this basis, City staff requested a proposal from IWA Engineers to coordinate this work and prepare the PR document which will conclude the preliminary design phase of the project. The next phase of work, the preparation of plans, specifications, and estimates, will require a consultant selection procedure. This Project Report proposal has been reviewed by staff and it is recommended that an engineering agreement be executed with IWA Engineers for the preparation of a Project Report. Fees are to be at an amount not to exceed $58,900. Funding for this project is available within the Orange County Combined Transportation Funding Program (OCCTFP) Fund Account No. 7281- P301199K (Measure V Local Turnback funds) and the Gas Tax Fund Account No. 7181- P301 070A . 0az Don Webb Public Works Director SB:so Attachment .0 .0" ........... Toy!, 0111 All'.!. . e . 0" A— 1 1%0 QN, 1. V '. my YS y1'j ox M, I P m m — 0 UP Vim WEf- a " It 0 -1 - - -u !k NB Z11 UJ LU C7 m LU I LU (3 Z U C� ui 0 L? 0- CL ui V) 0Y C) Q Lli V) J F- D C) 0 LL) CO n 0 cl� Ci 0 LLI Z Z LLj :E uj CY > U) 0 Tn LU Of p V) < 0 C) V) W O CL ED • E 0 0 0 < E C E 0 0 > c LLI LLO E 0 LIJ Od O O .0 0 O. CL uj .6 U) w U) v F2. ELIII 1 1 1 7—F :ul -�T TI: 0 0 E E 0 0 0 o E E E C G E 1 0 E 0 0 E E 0 e a Ei 0 r: E- 0 E X-2 1 0 n - o - 0 4 �li P P Lrl I 'r� �Q q q C'i 'i N ILJ D q uj V) ui c cc c I < 2 N cc < < (L < 0 0 0 L n- > m 0 c O 0 -1 LU 0 > v W a L) > < Q: < -,a < 0: < 0: < T LU 0 N N a F 0 E2 3: L) 5 i .5 -5 u E CC c n CL U 0- 0: (L M a C, I CL n I D! LL U • E 0 0 0 < E C E 0 0 > c LLI LLO E 0 LIJ Od O O .0 0 O. CL uj .6 U) w U) v M 0 CONSULTANT AGREEMENT Engineering Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Project Report THIS AGREEMENT, entered into this �-/ day of ,1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and IWA ENGINEERS, whose address is 17390 Brookhurst Street, Suite 100, Fountain Valley, CA 92708 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY and CONSULTANT entered into an Agreement dated March 5, 1993, covering Preliminary Engineering for Pacific Coast Highway /Newport Boulevard Interchange Study and Final Engineering for Pacific Coast Highway /Newport Boulevard Landscape Improvements. CONSULTANT has completed the services covered by the March 5, 1993, Agreement to the satisfaction of CITY. C. CITY and CONSULTANT next entered into an Agreement dated February 1, 1995, covering engineering services for the preparation of a Project Study Report relative to the Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Improvements. D. CITY and CONSULTANT now desire to enter into an agreement for engineering services related to the Pacific Coast Highway (SRI) /Newport Boulevard (SR55) Interchange Bridge Structures Project Report (hereinafter referred to as the "PR ") which is the next step in advancing the interchange improvement project. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on March 1, 1995, and shall terminate on March 1, 1996, unless terminated earlier as set forth herein. r J • • SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Proposal dated March 20, 1995, attached hereto and identified as Exhibit "A ". Task 1 Update Existing Information, Modify /Supplement Aerial Mapping and Base Maps Task 2 Refine Utility and Right -of -Way Information Task 3 Meetings and Coordination Task 4 Prepare Project Report and Geometric Plans Task 5 Reproduction and Other Reimbursables SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $58,890.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit�arising from Y" 2 9 0 or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this �lrut t tctt. r; <.ixil lllibi l+ I'C Agreement. All insurance policies, except workers' compensation tishall add as insured �� the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of 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 carriers having a Best's rating of Class B or better: 1. Worker's compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. 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; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. 3 0 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. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE If CONSULTANT at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONSULTANT's name or as an agent of the CONSULTANT and shall be compensated by the CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. ADDITIONAL INSURED Gd�Y1 �Y��cx�`.�iGa1cII I1!�hi I I h li %7L I'nWC Except for workers' compensation insurance, CITY, its City Council, boards and r7f commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held n 0 0 by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. 5 • 0 SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Steve Badum, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: IWA Engineers 17390 Brookhurst Street, Suite 100 Fountain Valley, CA 92708 Attention: Marie Marston (714) 968 -1221 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the 9 0 0 other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. rA IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED A TO RM: City Attorney CITY OF NEWPORT BEACH, a municipal corporation BY: \L _6 MAYOR CONSULTANT BY: L.ul`y.,. Title ATTEST: 3 Exhibit "A" Proposal For Engineering Services For I* The Preparation of a Project Report For STATE ROUTE 1 (PACIFIC COAST HIGHWAY)/ STATE ROUTE 55 (NEWPORT BOULEVARD) INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS IN THE CITY OF NEWPORT BEACH Submitted To City of Newport Beach Submitted By IWA Engineers March 20, 1995 0 TABLE OF CONTENTS rI Page A. Introduction ..................... ............................... 1 B. Project Development Team ......... ............................... 1 C. Project Approach, Tasks and Deliverables ..................... * ...... 1 Task 1 Update Existing Information, Modify /Supplement Aerial pping and Base Maps ........ ............................... 2 Task 2 Refine Utility, Right -of -Way, and Railroad Information ........ 2 Task 3 Meetings and Coordination ............................. 3 Task 4 Prepare Project Report and Geometric Plans ............... 3 D. Fee ............................ ............................... 5 E. Schedule ....................... ............................... 5 APPENDIX 0 0 A. Introduction The Pacific Coast Highway (PCH) /Newport Boulevard (State Route 1 /State Route 55) interchange in the City of Newport Beach is in need of improvements to improve deficient geomtrics and accommodate existing and future traffic demands. To accomplish this goal, the City, in coordination with Caltrans District 12, has taken the lead in developing alternatives for interchange improvements. IWA Engineers, as a consultant to the City, has prepared and submitted the Draft Project Study Report and is nearing completion of the first phase of the Caltrans project development process, approval of the Project Study Report (PSR). Approval of the PSR is expected by April 28, 1995. The second phase of the Caltrans project development process consists of the preparation of the Environmental Document (ED) and Project Report (PR). The ED will be prepared by the City's consultant, Michael Brandman Associates. This scope of work will include IWA Engineers' efforts in the work associated with preparation of the PR and the coordination efforts with Caltrans, the City, the City's other consultants for this work, and other agencies as required for the successful completion of this phase of the project development. The PR will refine and supplement the information for Alternative A, the preferred alternative from the PSR, per Caltrans PR requirements, as presented in the current edition of Caltrans' Project Development Procedures. Alternative B and the no build alternative will not be further studied. B. Project Development Team The IWA Project Report team will include C Stephen Bucknam Jr. as the Principal -in- Charge, Marie Marston as the Project Manager, Jon Austin as the Project Engineer, and Frank Cahill and Vince Burokas as Project Designers. C. Project Approach, Tasks and Deliverables We have developed the following methodology to provide the services we believe will be required to achieve PR approval as necessary for the subsequent environmental clearance, based on our past experience in working with the City and Caltrans. The orderly development of the Project Report follows a chronology of tasks. The tasks listed and described below represent the effort required to complete the PR portion of this project development phase. Task 1 Update Existing Information, Modify /Supplement Aerial Mapping and Base Maps Task 2 Refine Utility and Right -of -Way Information Task 3 Meetings and Coordination Task 4 Prepare Project Report and Geometric Plans More detailed discussion of the project tasks are outlined below. Task 1 Update Existing Information, Modify /Supplement Aerial Mapping and Base Maps The first portion of Task 1 consists of reviewing and analyzing existing information. We will determine if any supplemental information is required or available, such as recently filed as- builts, any planned public or private improvements, and other information necessary to refine the concept plans. IWA will have a kickoff meeting with the project team, Caltrans, and the City. This task will include reviewing and updating as necessary the intersection and Transyt analyses previously prepared for the PSR. The City's traffic consultant will provide the traffic information necessary for the air quality and noise studies as part of the environmental process in Task 4. The PR traffic study will also examine accident related issues and the requirements of the Traffic Management Plan (TMP) in more detail than the PSR. Extensive field reviews were performed during the preparation of the PSR, therefore, no additional field visits will be planned for the PR phase. This task will be completed by compiling all review information, transferring that data to the aerial topographic map, and adding any new utility information from Task 2, thus finalizing the base map. The mapping can be increased or decreased in scale to provide the background for any plan sheets other than the typical layout scale. Task 2 Refine Utility and Right -of -Way Information A large portion of the utility and right -of -way research normally provided for the PR was performed during the preparation of the PSR. At the direction of the City, this scope will include the utility and right -of -way research previously performed since the scope of work for the PSR did not. During this task, however, it will be necessary to refine and update some utility information such as conduits under the channel bridge and Southern California Gas Company lines, for example. A portion of this task includes continued coordination and related follow -up with the affected underground and overhead utility companies regarding the specific impact locations throughout the project as well as identifying their future needs for crossing locations (e.g., openings in the channel bridge). We will further identify costs associated with plan preparation, approvals, and construction or modification of existing and planned utilities. The City will be kept apprised of contacts with the utility companies and will receive copies of collected utility information and correspondence. Our geometric plan submittals will be forwarded to the utility companies so they can verify their facilities and impacts. Right -of -way information will also be supplemented during this task. With the assistance of the City, IWA will obtain input from the various agencies and parties from which right -of -way or airspace rights will be required. This will identify the associated procedure and cost for transfer and delays which could be expected. As with the utility information, the City will be kept informed on our contacts and correspondence, and I �. Proposal to Prepare a Project Report for Improvements at the PCMINewpurt Boulevard Interchange Page 2 0 E plan submittals will be forwarded to the various entities. At this time we expect to be in contact with SCE, Pacific Bell, Comcast Cable TV, CSDOC, Hoag Hospital, representatives of Balboa Coves, and the City's Public Works Department. Task 3 Meetings and Coordination We propose a maximum of 10 bi- weekly Project Development Team (PDT) meetings be held with City staff, the Caltrans Project Manager, and the active project team members to coordinate project development, determine work objectives, respond to any questions arising throughout project development, review progress, discuss relevant issues, review project schedules, and coordination. The meetings will be conducted by both the City's and IWA's Project Manager. We will also prepare meeting minutes for each meeting to document important items and circulate among PDT members. If necessary, we, or the City, may schedule meetings in addition to the regularly scheduled bi- weekly meeting as the project progress dictates. We anticipate the potential for meetings may arise with Southern California Edison (SCE), Pacific Bell, Comcast Cable TV, the County Sanitation Districts of Orange County (CSDOC) and the Southern California Gas Company. Other agencies may become involved during the ED /PR process. We have assumed in our scope they can be invited to attend the PDT meetings to discuss issues relevant to them. This task involves the coordination required with the various consultants involved on the project such as Michael Brandman Associates, Austin Foust Associates, W. Koo & Associates, C &C Aerial Mapping, and Law Crandall. This task also includes coordination with the City in their efforts in obtaining necessary permits such as those required by the Coastal Commission, the State of California Department of Fish and Game, the U.S. Department of Fish and Wildlife, and the Coast Guard. The City will be responsible for obtaining all permits for this phase of the project. Task 4 Prepare Project Report and Geometric Plans This task involves preparation of the project report and the geometric plans. The PR refines the information from the PSR summarizing and assessing the feasibility studies of the needs, alternatives, costs, and overall impacts of the proposed highway project. It is prepared following the requirements in the Caltrans Project Development Procedures Manual, Section 2 -18.4. Caltrans is currently revising this procedures manual and expects the new guidelines will be published mid -1995. In discussions with District 12 representatives, we have determined preliminary information is not available regarding new PR preparation procedures. However, we will likely be required to modify the PR to conform with the new requirements when published. ' �. Proposal to Prepare a Project Repoli for Improvements at the PCHINewport Boulevard Interchange Page 3 . • 0 Since the new requirements are unknown, we cannot anticipate what changes may be required, thus, we have not included any allowance for changes in our current scope. At the direction of the City, this task includes a portion of geometric work previously performed for the PSR which was not covered under the PSR scope. The approved PR functions as the transmittal document for the draft ED when it is circulated to Caltrans Headquarters and FHWA for review and approval. Three submittals, a draft, final draft, and final submittal of the PR, are anticipated. Following the draft submittal, the City, Caltrans, and FHWA will review the report and provide comments. These comments will be incorporated into the final draft PR which will then be submitted. Comments received on this submittal will be incorporated into the final PR which will be sent to Caltrans for signature. IWA will work closely with Caltrans staff during this task to assure the Caltrans document formats are followed. The geometric plans from the PSR will be refined during the PR and the scale changed from 1:1000 to 1:500. The CADD plans will include the existing and proposed layout information, traffic numbers, topography, structures, major storm drain changes, retaining wall locations, existing and proposed right -of -way limits, cut/fill lines and any other pertinent information. New stationing will be shown at 100 meter stations. Station equations at each end of the project will tie the metric stationing into the existing 100 -foot stations. Concept staging plans will be developed, considering the traffic operational problems and site restrictions, at 1:2000 scale. Typical cross sections will be updated and /or cross sections at specific locations will be prepared as necessary to augment the report. During this task, the advance planning studies (APS) for the SR- 11SR -55 Separation and the SR -55 /Newport Channel Bridge will be updated as required . Retaining walls that are identified as possible special designs will also be included in another APS and submitted to the Caltrans Division of Structures for review and approval. At this time, we do not foresee the need for additional APSs or major changes to the APSs prepared in the PSR, but we do anticipate some minor comments resulting from Caltrans' reviews during the PR process. Following the refinement of the geometric plans, the new construction cost estimates will be prepared. These estimates will be broken down by items, lump sums or unit quantities, and unit prices as necessary. The estimates for the PR will provide a more detailed breakdown of construction items and project areas compared to the estimates prepared for the PSR. The estimates will be included with the PR. Also during this task, we will prepare the Floodplain /Location Hydraulic Study required by Caltrans. This initial hydrology study will be consistent with Federal Aid Highway Program (FHPM) (6- 7 -3 -2) format. According to the Flood Insurance Rate Map (FIRM) ' �. Proposal to Prepare a Project Report for Improvements at the PCHINewport Boulevard Interchange Page 4 for the area, some portions of the project are within the 100 year and 500 year flood zones. If non - standard features are proposed in the concept plans, a Caltrans exception to standards report (fact sheet) would have to be prepared. There are two reports, one addressing mandatory standards and one addressing advisory standards. We have included the preparation of only the advisory fact sheet in our scope since the PSR did not identify any deviation from mandatory standards. The fact sheet must be reviewed and signed by Caltrans. Two submittals, a draft and a final, of the fact sheet are anticipated. Following the draft submittal, Caltrans and the City will review the fact sheet and provide comments. These comments will be incorporated into the final fact sheet which will then be submitted to Caltrans for signature. Environmental Document/Project Report Products - Aerial Mapping Modifications - Base Maps Update - Utility Plan Distribution - Location Hydraulic Floodplain Study - Project Report, Geometric Plans, Cost Estimates (Draft, Final Draft, Final) - Concept Stage Construction Plans - Advisory Fact Sheet (Draft & Final) D. Fee The fee will be billed on a time and materials basis to a specified maximum, on an hourly basis per the enclosed rate schedule. The fee was estimated by each task and is summarized below. A task -hour estimate is also attached. Task 1 Update Existing Information, Modify Base Maps $ 2,395 Task 2 Refine Utility and Right -of -Way Information 6,500 Task 3 Meetings and Coordination 11,210 Task 4 Prepare Project Report and Geometric Plans 34,050 Reproduction, Delivery, Mileage 4.735 Proposal Total $58,890 E. Schedule A schedule was prepared during the PSR for the preparation and review of all three phases of the Caltrans project development process for this interchange project. This schedule includes processing of the PSR, PR, ED, PAR, and PS &E. The preparation of the PR will meet the previously prepared schedule which is included herein for reference. I �. Proposal to Prepare a Project Report for Improvements at the PCH/Newport Boulevard Interchange Page 5 IWA ENGINEERS PROJECT COST SUMMARY ESTIMATE Client: City of Newport Beach PROJECT REPORT ONLY Project No. 252 -11 Project: PCH (SR -1) /Newport Blvd (SR -55) Interchange Date 03/14/95 Class Position /Name Man -Hours Sal Cost Total A Principal 16 $125 $2,000 B fir. Prceet Einser .:.: 105 $1>a,1` C Project Engineer $85 Dfeeri 3 .: :. $7S $f E Jr. Engineer /Designer $65 F Ladd 7 ech rii J: 252 - . $55 $13 3: G Tech/Word Proc. 18 $45 $810 Total 747 $54,155 Other Direct Costs Original % Mark -up Subcontracts 10% Reimbursables Traiiet & anspr taiatx[ ,; ..:.. $�6 _ x+96_: Communications Rtidugit I?et[�#et}r 4,9 '.. $4,: Other Total Reimbursement ODC $4,735 Proposed Fee Total Labor at Billing Rates $54,155 Reltaursabli3Gs A. $4,7_ Contract Value $58,890 Proposal By /Project Manager Marie Marston IWA ENGINEERS MANHOUR ESTIMATE Client: City of Newport Beach Proj: PCH (SR- I)/Newport Blvd (SR -55) Interchange 46 Project No. 252 -11 Date 03/14/95 Class Position/Name A B C D E F G Man Hrs Bill Rat A Principal 16 16 $2,000 Project Engineer 97' 97 $10,185 C i Project Engineer J g 0 0 $0 D ....Engineer/ Sr. Design 364. 364 $27,300 E Jr. Engineer/Designer 0 0 $0 F' Cadd Tee, niciatt!. 252; 252 $13,860 G Tech/Word Proc. 18 18 $810 Summary Totals 747 $54,155 # Function Description A B C D E F G Man Hrs Bill Rat Task 1 - Update Existing Info. Update Information 3 8 8 19 $1,355 Update Basema 8 8 16 $1,040 Task 2 - Refine Utility and R/W Information Coordinate with Utility Companies 2 16 16 34 $2,290 Prepare Utility Basemap (PSR) 8 24 32 $1,920 R/W Research 2 16 16 34 $2,290 Task 3 - Meetings and Coordination PDT Meetings (6) 2 24 12 6 44 $3,940 Misc. Meetings (4) 2 16 8 4 30 $2,710 PSI Coord 4 8 12 $1,020 ED Coord 2 8 16 8 34 $2,730 Bridge APS Coord 2 8 10 $810 Task 4 - Prepare Project Report and Geometric Plans Geometrics 1 2 30 20 53 $3,685 Geometrics (PSR) 2 10 40 52 $3,160 Profiles/Super 2 24 24 50 $3,330 X- Sections 2 16 24 42 $2,730 Stage Const 2 6 32 24 64 $4,600 Cost Estimates 1 4 16 8 29 $2,185 Floodplain Study 1 24 25 $1,905 Draft Advis'y Fact Slit 1 8 2 1 12 $860 Final Advis'y Fact Slit 1 4 2 1 8 $560 Draft PR 2 4 40 16 2 64 $4,640 Final Draft PR 2 24 8 2 36 $2,540 Final PR 1 12 4 2 19 $1,315 Q -C 4 8 16 28 $2,540 0 0 IWA ENGINEERS OTHER DIRECT COSTS Client: City of Newport Beach Project: PCH (SR -1) /Newport Blvd (SR -55) Interchange Project No. 252 -11 Date 03/14/95 REPRODUCTION & DELIVERY Unit Num Unit Cost Total Blueline Prints PR Draft =25CT +4CNB +2Ref +4PDT +5Misc Sf.Ft. 40 PR D. Final= l0CT +4CNB +2Ref +4PDT +5Misc Sf.Ft. 25 PR Final =30CT +4CNB +2Ref +4PDT +5Misc Sf.Ft. 45 12 Dwgs x 6 SF /dwg x 180 sets Sf.Ft. 7920 $0.20 $1,584 Reports Project Report Draft - 40 Copies x 165 pages page 6600 $0.10 $660 Draft Final - 25 Copies x 165 pages page 4125 $0.10 $413 Final - 45 Copies x 165 pages page 7425 $0.10 $743 Advisory Fact Sheet Draft - 10 Copies x 10 pages page 100 $0.10 $10 Final - 35 Copies x 10 pages page 300 $0.10 $30 Plots BondNellum each 192 $5.00 $960 Color each $35.00 Deliveries Local each 24 $10.00 $240 Total $4,639 TRAVEL & TRANSPORTATION Unit Num Unit Cost Total Personal Car 16 Trips x 20 miles /trip miles 320 $0.30 $96 Parking trip Total $96 SUBCONTRACTS Unit Num Unit Cost Total Total IWA ENGINEERS RATE SCHEDULE Professional Services Principal Senior Project Engineer Project Engineer Engineer /Senior Designer Junior Engineer /Designer CADD Technician Technician /Word Processor Survey Services Two -Man Survey Crew Three -Man Survey Crew Reimbursable Expenses Reproduction Consultant Services Automobile Transportation Commercial Travel & Subsistence Agency Fees (Plan Check, Permits, etc) Outside Computer Services Computer Plots - Bond /Vellum Color (Rates subject to revision after 1/1/96) Hourly Rate 125 105 85 75 65 55 45 135 160 Cost + 10% Cost + 10% 0.30 /mile Cost Cost Cost + 10% $5 ea $35 ea 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: February 6, 1995 (714) 644 -3005 1 SUBJECT: Contract No. C- 2886(A) Description of Contract Consultant Agreement for PCH /Newport Blvd. Interchange Bridge Sturctures Project Study Report Effective date of Contract February 1 1995 Authorized by Minute Action, approved on January 9. 1995 Contract with IWA Engineers Address 17390 Brookhurst Street, Suite 100 Fountain Valley, CA 92708 Amount of Contract (See Agreement) "Xa6' �-q� Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • is January 9, 1994 CITY COUNCIL AGENDA ITEM NO. 29 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT C- 286 SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE IMPROVEMENT PROJECT RECOMMENDATIONS: Y THE CITY COUNCIL BEACH JAN 91996 APPROVED 1. Accept the Pacific Coast Highway and Newport Boulevard Interchange Improvement Study and preliminary landscape plans. 2. Authorize the Mayor and the City Clerk to execute an engineering services agreement with IWA Engineers for the preparation of the Project Study Report for the Interchange Bridge Structure design concept. DISCUSSION: In February 1993, City Council authorized an engineering services agreement with IWA Engineers for the preparation of an interchange improvement study and landscaping plans for the Pacific Coast Highway and Newport Boulevard interchange. Copies of the improvement study and the landscape plans are available for your review at the Public Works Department. The Pacific Coast Highway and Newport Boulevard Interchange Improvement Study includes a review of existing traffic conditions, a forecast of future traffic conditions, and design of interchange geometric alternatives addressing the future vehicular, bicycle and pedestrian traffic. The study identified several design concepts and examined three design concepts in depth. Cost, traffic benefits, and impacts to traffic during construction for each proposed design concept configuration were evaluated in this study. The Executive Summary for the study including exhibits of the three design concepts are attached for your reference. The first design concept provides for the replacement of the Newport Boulevard bridge over Coast Highway and the widening of the channel bridge. The second design concept provides for ramp modifications and storm drain improvements. The third design concept, the full standard design concept, is required by Caltrans project development procedures and is presented only for information and comparison purposes. This full standard concept meets high level geometric design criteria. Because of excessive right -of -way acquisition and a 50% greater estimated construction cost, this alternative will not be considered for construction. See the Executive Summary for further description of these three design concepts. 0 L SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE IMPROVEMENT PROJECT January 9, 1994 Page_2_. .,....... R^ 7 ii Plans, sp ifi6tions, and cost estimates for the construction of an irrigation ". s st�a d landscaping for the interchange have also been completed. The -'gtan ere prepared in the event that funding would become available through Federal beautification and environmental enhancement programs. Funds from those programs to landscape the existing interchange are not available at this time. However, the City has been successful in obtaining Federal funding under the Intermodal Surface Transportation Efficiency Act Program (ISTEA) for the design and construction of bridge structures for the interchange which would include landscaping. The completed landscaping plans will be modified and inserted into the final construction plans at the appropriate point in the design process. The ISTEA funding program is scheduled to expire on June 30, 1997. A construction contract must be awarded prior to that date in order to take advantage of the ISTEA funding. Within the attached executive summary is a discussion and schedule showing the overall design process in order to award a construction contract for interchange bridge structure project concept before the June 30, 1997 funding expiration date. The next step in advancing the interchange bridge structure project concept is the preparation of the Caltrans Project Study Report (PSR). This document will propose that a construction project be pursued based upon the Interchange Bridge Structure Design Concept as discussed and shown in the executive attached summary. The PSR is required to secure Caltrans conceptual approval for this proposed project which is within State highway right of way. This document will utilize the information obtained from the recently completed study and integrate additional information such as Initial Site Assessment, preliminary environmental evaluation, formalized traffic study, retaining wall studies, bridge structure studies, detailed vertical alignment analysis, and the conversion of existing base maps and preliminary plans to metric dimensions as is now required by the State. The proposed interchange bridge structure project will be compared to the full standard concept as well as the "no project" concept to justify its selection as the preferred project concept. The document will also include a discussion relating to possible projects which may be initiated in the future to further enhance the interchange including possible ramp modifications and storm drain improvements. The various elements of the report will require detailed technical information from several consultant specialists. Separate engineering agreements will be required to complete the various elements of the Project Study Report document which includes environmental documentation, traffic engineering, structural engineering analysis, and geotechnical engineering. City staff requested a proposal from IWA Engineers to coordinate this work and prepare the PSR document. This proposal has been reviewed by staff and it is recommended that an engineering services • • • f SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE IMPROVEMENT PROJECT January 9, 1994 Page 3 • agreement be executed with IWA Engineers for the preparation of a Project Study Report. Fees are to be at an amount not to exceed $44,000. Funding for this project is available within the Orange County Combined Transportation Funding Program (OCCTFP) Fund Account No. 7281- P301199K (Measure 'M' Local Turnback funds). The city has already received sufficient Measure 'M' turnback funds from OCTA to cover the cost of this engineering services agreement. The current County financial situation should not impact the Federal ISTEA program. Discussions with OCTA staff indicate that the program allocations will not be changed. It is important that the preparation of a PSR proceed at this time to maintain the schedule and be eligible to receive funds for the project design and construction. At the December 12, 1994 City Council meeting, a representative of the Old Newport Boulevard Property Owners Group requested that the approval of the project concepts be delayed until their group has had time to discuss the • options. The staff has made two presentations to the group. Attached is a letter dated October 24, 1994 indicating the groups concurrence with proceeding with the "Phase 1" project concept which is now being called the "Interchange Bridge Structure Project Concept Plan ". The staff met with the group on the evening of January 3, 1994 to discuss the proposed project. The group indicated support of the Interchange Bridge Structure design concept as proposed by staff. The group also expressed a strong concern that the Ramp Modification and Storm Drain design concept as shown would limit access to the commercial properties along Old Newport Boulevard. Although there is support for a Caltrans funded storm drain improvement project, it was agreed that the ramp modification concept should not be included in the proposed Project Study Report. (a Q2&— Don Webb Public Works Director is S,tt:saochments 0 0 December 29, 1994 Pacific Coast Highway/ Newport Boulevard Interchange Improvement Study EXECUTIVE SUMMARY Introduction Pacific Coast Highway and Newport Boulevard are State highways under the jurisdiction of Caltrans. The existing Pacific Coast Highway and Newport Boulevard interchange was originally designed and built by the State in the 1930's. In 1988, the City administered a Coast Highway widening project for the State that provided the addition of a traffic signal which enabled the elimination of a substandard southbound Newport Boulevard to eastbound Coast Highway loop ramp. In 1992, another City administered State highway project was completed in which the easterly side of the Newport Channel bridge was widened to accommodate a dedicated lane which provides improved traffic flow from northbound Newport Boulevard to eastbound Coast Highway ramp. Except for these modifications, the interchange is essentially unchanged from its original design. Due to funding shortages within their freeway programs, the State has not included additional improvement of the interchange within future State budgets. However, the State has supported the City's efforts to obtain Federal funding under the Intermodal Surface Transportation Efficiency Act (ISTEA) program and potential funding is available for the City to proceed with an interchange improvement program. Project Tustification The primary need for the modification and reconstruction of portions of the interchange is to improve operational traffic safety. The existing facilities were designed to past standards regarding capacity, traffic volumes, and automotive technology. By today's standards, the interchange is deficient in the areas of ramp capacity and alignment, merge conditions, lane widths, and pedestrian and bicycle facilities. Many of the existing ramps in the interchange have difficult alignments and merge conditions which require vehicles to enter or exit through lanes without any provisions for acceleration or deceleration. The construction of a widened bridge over Coast Highway and the widening of the existing Newport Channel bridge will permit the addition of auxiliary merge (acceleration and deceleration) lanes, the widening of existing through lanes to standard widths, the addition of shoulders to provide space for bicycles, and wider sidewalks to accommodate pedestrians. The reconstruction and realignment of the various ramps in conjunction with the bridge widenings will provide improved traffic flow and better meet today's geometric design standards. Improved alignments will permit vehicles to better merge onto the mainline roadway and make the moves more comfortable and safer. • • • • Another benefit is the beautification of the interchange. When one enters the city • traveling southbound on Newport Boulevard, the interchange represents the entrance to the City of Newport Beach. Although the City has worked hard to preserve the panoramic view of the bay, the condition of the existing interchange area is barren and void of a uniform landscaping scheme. An improvement project can provide a gateway landscaping treatment which sets the aesthetic scheme that identifies the entrance to the City of Newport Beach, the Balboa Peninsula, and scenic Coast Highway while emphasizing the visual resources of Newport Beach. The aesthetic improvement will result in a more positive experience for residents and visitors and reinforce the level of quality that is Newport Beach. Alternative Concepts Upon conclusion of the City's consultant selection process, IWA Engineers were selected to prepare the interchange improvement study. The Coast Highway and Newport Boulevard Interchange Improvement Study includes a review of existing traffic conditions, a forecast of future traffic conditions, and design of interchange geometric alternatives addressing the future vehicular, bicycle and pedestrian traffic. The study also contains the technical information IWA used to analyze several different • concepts to improve the operational characteristics of the interchange and is available for review at the City's Public Works Department. Several design concepts were identified and examined in the study and three design concepts were reviewed in depth ( attached to this executive summary). Cost, safety, minimization of traffic delay, improvement to ramp capacity and merging, public convenience, right of way needs, and impacts to traffic during construction for each proposed design concept configuration were evaluated in this study. Interchange Bridge Structure Project Concept Plan The preferred project concept will construct the Newport Channel Bridge widening on the westerly side of the existing structure and the replacement of the Arches bridge (see attached Interchange Bridge Structure project concept plan). This project will enable the City to provide auxiliary merge lanes, standard lane widths, and bicycle and pedestrian facilities along Coast Highway and Newport Boulevard. The proposed improvements will achieve the majority of the City's improvement goals for the interchange. The proposed project would not require any additional right of way to construct which eliminates the need for a lengthy acquisition process and enables the • City to take advantage of Federal ISTEA funding for the project This project concept will require an extensive traffic detouring program that must be included as a part of the design and construction. Every effort must be made to maintain a minimum of two lanes of traffic in each direction and to minimize impacts to surrounding businesses and residences during construction. It is anticipated that the bridge construction will utilize precast structural members to minimize the construction period. The Newport Channel bridge widening would be the first order of work. To accommodate 2 0 0 construction the existing traffic lanes would be shifted easterly utilizing the existing dedicated northbound Newport Boulevard to Coast Highway ramp lane as an optional through lane. The new bridge over Coast Highway would be constructed partially on • either side of the existing bridge. Upon completion of the partial bridge sections traffic would be transferred to the new structures and the existing structure would be demolished. The construction of the middle section of the bridge could then occur with the traffic being transferred to the final configuration upon completion. This construction concept will be more extensively evaluated during the preparation of the Caltrans Project Study Report (PSR), (see discussion below regarding Project Development Process). Ramp Modifications & Storm Drain Improvement Project Concept Plan An additional project concept is being evaluated for the future to enhance the effectiveness of the above concept by constructing storm drain improvements and modifying the existing ramps to further improve interchange circulation. The attached exhibit, Ramp Modifications and Storm Drain Improvement project concept plan, shows one way by which this may be accomplished. The future project concept depicts realigned interchange ramps which include the replacement of the northbound Newport Boulevard to westbound Coast Highway ramp with an interconnected left turn signal on Newport Boulevard and the replacement of the existing drainage • channel along Old Newport Boulevard with an underground box culvert. The alignment of the new ramp will permit the smooth flow of traffic from westbound Coast Highway to northbound Newport Boulevard and improve the ability of vehicles to safely transition the northbound Newport Boulevard lanes to access the left turn lane at Hospital Road. Another added benefit to this configuration is that Old Newport Boulevard may be redesigned as a residential street allowing the separation of arterial highway traffic from the adjacent residential area, however, this action may impede direct access from Coast Highway to the commercial properties along Old Newport Boulevard south of Hospital Road. The refinement of the future project concept will require extensive community involvement to consider the needs of commercial and residential property owners. Funding for the future project concept is in question due to the County's financial problems. The project concept funding is further complicated due to the need of Caltrans funding to construct the storm drain improvements which have not been identified or budgeted as of this date. Full Standard Concept Plan The third concept plan is a full standard design concept (see attached exhibit). The full • standard is generally a design concept which meets all standard Caltrans design criteria. The analysis of this type of concept is required as part of the Caltrans project development process. The Caltrans project development process requires the full standard concept as well as the "no project" concept to be used in comparison with all other proposed concepts (the "full standard" as the most expensive and the "no project" M 0 0 as the least expensive). Therefore, the full standard design concept is presented only for information and comparison purposes and is not proposed as a viable alternative. • In general, this concept is a two level signalized intersection which is a variant of the "urban" interchange concept that has been built at the Alton Parkway and the Foothill Transportation Corridor interchange. The lower level consists of the mainline Coast Highway through traffic with a traffic signal that regulates northbound and southbound Newport Boulevard left turn movements. Northbound and southbound Newport Boulevard right turn movements are free flow. The upper level consists of mainline Newport Boulevard through traffic with a traffic signal that regulates eastbound and westbound Coast Highway left turn movements. Eastbound and westbound Coast Highway right turn movements are free flow. Although this alternative meets most standard highway design criteria, it is unlikely that this configuration could actually be built because of the excessive amount of right of way that would need to be acquired to build it. Schedule & Cost The City of Newport Beach has been successful in securing grant funding for the • proposed project which in essence drives the schedule of the project. The construction cost of the proposed project, the Interchange Bridge Structure Project is estimated at $9.1 million. The future second project, the Ramp Modifications and Storm Drain Improvement Project, is roughly estimated at $2.8 million exclusive of the State funded storm drain improvements and will vary based upon the final design configuration and right of way costs. The Full Standard design concept is estimated at $18.4 million excluding right of way costs. The City has obtained commitments from Orange County Transportation Authority (OCTA) to fund a portion of the estimated $800,000 design cost for the interchange improvement project in the amount of $400,000 under the Federal Intermodal Surface Transportation Efficiency Act (ISTEA) program in the 1995/96 fiscal year. The funding of the proposed Interchange Bridge Structure construction project will take advantage of the last year of the ISTEA program with $5 million of committed funding in the 1996/97 fiscal year. A construction project to construct the proposed project must be awarded by June 30, 1997 to utilize this funding opportunity. To meet this schedule, the City must aggressively pursue the proposed project schedule. The current County financial situation should not impact the Federal ISTEA program. • The "future" construction project, Ramp Modifications and Storm Drain Improvement Project, has been tentatively funded by OCTA in the amount of $1.4 million by the Regional Interchange Program (RII') and the Master Plan of Arterial Highway (MPAH) funding programs under Measure "M" within the 1998/99 fiscal year. The roadway improvements are eligible for the OCTA funding and Caltrans is responsible for the funding of the storm drain improvements. The current County financial situation will affect the funding amounts and delivery schedule of the Measure'M' funding 0 0 programs. At this time, OCTA has put all Measure 'M' funding programs on hold. Should funding allocations be reduced or eliminated, the City will need to seek other funding sources and compete with other agencies under other funding programs. It is • anticipated that the present situation will significantly delay funding well beyond the 1998/99 fiscal year. The scheduling of this future project will provide adequate time to work with the community in determining the final design concept Additionally, this scheduling will provide an opportunity for Caltrans to program funds for the improvement of the existing drainage facility along Old Newport Boulevard. The balance of the required funding for these various projects will be available through the CIOSA program, Gas Tax, and the City's Transportation and Circulation/ Fairshare programs. The City will also continue to pursue additional funding opportunities for the project Project Development Process If authorized by the City Council, the Public Works Department staff will initiate the Caltrans project development process. The first step is to prepare the Project Study Report (PSR). The PSR document is primarily a budgeting document used by Caltrans which identifies the project alternatives as discussed above and preliminarily identifies the features of the proposed project and various impacts with respect to cost The • document must be approved by the City Council and Caltrans. After the PSR, the next step in the project development process is the completion of environmental documentation. In 1985, the State completed preparation and certified an environmental impact statement (EIS) for Route 55 from Route 1 (PCH) to Route 73 freeway which includes the interchange improvements as proposed in the Interchange Bridge Structure project concept plan. Due to the age of the document, a reevaluation document will be prepared to identify any changes since the original document was certified. The reevaluation report must be approved by the City Council and certified by Caltrans. Overlapping the environmental reevaluation is the preparation and approval of the Caltrans Project Report (PR). The PR document more fully describes the proposed project including preliminary design, environmental mitigation requirements as established by the EIS, specification of right of way needs, project scheduling and phasing, and funding. This document is also subject to the approval of the City Council and Caltrans. After completion and approval of each of the above processes, the City will request • proposals from engineering consultants for the preparation of plans, specifications, and cost estimates (PS &E) for the project The most qualified consultants will be selected under the City's consultant selection process. The selected consultant proposals will be presented to City Council for approval as will the completed PS &E along with a request for authorization to solicit construction bids. The project PS &E will also require 0 9 incremental and final approvals from Caltrans. A Caltrans encroachment permit will be required in advance of soliciting bids for construction. Bids for the construction • contract will be received and a recommendation for award will be made to the City Council. The positive aspect of this step -by -step project development process is that the City Council and Caltrans have numerous opportunities to review the project and consider its scope and progress. The negative aspect is that the project development process must be completed by the June 30, 1997, deadline. • 2 0 0 OLD NEWPORT PROPERTY OWNERS GROUP 508 OLD NEWPORT BLVD. NEWPORT BEACH, CA 92663 October 24, 1994 The Honorable Mayor and City Council Members of the City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 -1768 RE: Proposed revised construction to the Newport Boulevard Bridge and Interchange at Pacific Coast Highway -Phase 1 Dear Mayor and City Council Members: At the September 27, 1994 Old Newport Boulevard Property Owners Group meeting, Mr. Gail Pickart and Mr. John Wolter made a presentation of the proposed revisions to the Arches Bridge interchange at Pacific Coast Highway Phase One and Phase Two. The Group made a motion which was seconded and unanimously passed that supports the proposed construction of Phase One. We feel that the proposed Phase One construction will greatly enhance the greater flow of traffic and add to the safety of the individual drivers. Our group is in full support of this phase of construction of the Arches Bridge. Xvtx� )Id Newport Boulevard Property Owners • Ll 't • • • LLI tu Z til I z w :E w 0 IL w C) z C) .fy- w t-- z Lo LO U) uj 0 Y- 0 (L uj z fL • 0)- IL ea o > 00. to < =A,ty rn > < Ix. LL ea Z,o > 00. cr, 0 0 Or) CY) > < gx, U. a J3 AD o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E E E E E E E E E E E E E E All (A) to An a 0 m 0 LO C? in 0 0 0 to C) L6 `f C4 -4 Vi vi 6 (6 X fL U) U) °' 0 o z m CL AD w E y. 4) iE Ia. O. 0 Z > E 0 < W 06 'd C: U) 0 �B —i CL. 0 a- IL (L c U) IL a. LU > 4) 0) > z > CL) (1) >n.0 0 11) > (L) o > d) 2 > 0 0 0 U) C.) o .0) o w V 5 a > LL, a w LI, CL (I '13 < < W (U 'a V'o C: M a a '0 cr c " , c .0 0 ul (U c (U (u a. c: W AV a (A) (A) c (u (A) c (U u c AD 4) AD is a) d) 0 E A U 4) (u (o M W AD fu (1) m AD 43 COIL > CL Ia. > A.) 0- 11. AX) -5: IL 4) w U) lu n. E o� L) fL AD rr a- m 6� d- Q� 0 < a- r J I: LU O?ym UI�O� f.U> C m Ohct Lu r / � W z aa . .� o0NU -S its Y � x F r 1 rrli o � .n l E J IIIJ !!U r o rf r' r' q �;��;� 1.J•��r�i11 ''; w� V d • • --a'z �f t r quiu}n 1� � Ii IIIIgG ���.. �l� =� 1 x W /Y C a :a W h U O p U 0 ca LU h i o a 0yo i Q. T( 1 � � ti\� 'u 'j o Oil e• r i ag� w� z Z5 W d �fm 0 o' r�L � r� L 1 9 « r | �\ --a-: fmr 7 4 \ � ) , � � � � • / �� ' \ .•� }� L\ �■ � § � � wit 2.;I . )� \t/ > d � / S� u 2CL ,� 2kk§ § @ \h § m §KB§ K §|§ §§ § � � L\ �■ � § � � wit 2.;I . )� \t/ > d � / • i CONSULTANT AGREEMENT Engineering Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Project Study Report T THIS AGREEMENT, entered into this _1<9e day of ,1995, by and between the CITY OF NEWPORT BEACH, a municipal rporation, (hereinafter referred to as "CITY ") and IWA ENGINEERS, whose address is 17390 Brookhurst Street, Suite 100, Fountain Valley, CA 92708 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY and CONSULTANT entered into an Agreement dated March 5, 1993, covering Preliminary Engineering for Pacific Coast Highway /Newport Boulevard Interchange Study and Final Engineering for Pacific Coast Highway /Newport Boulevard Landscape Improvements. C. CONSULTANT has completed the services covered by the March 5, 1993, Agreement to the satisfaction of CITY. D. CITY and CONSULTANT now desire to enter into an agreement for engineering services related to the Pacific Coast Highway (SR1) /Newport Boulevard (SR55) Interchange Bridge Structures Project Study Report (hereinafter referred to as the "PSR ") which is the next step to advancing the interchange improvement project. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on January 10, 1995, and shall terminate on December 31, 1995, unless terminated earlier as set forth herein. 0 SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated November 23, 1994, attached hereto and identified as Exhibit "A ". Task I Update Existing Information and Base Maps Task II Refine Utility and Right -of -Way Information Task III Refine and Metricate Geometrics and Cost Estimates Task IV Coordinate Bridge and Retaining Wall Advanced Planning Studies Task V Coordinate Initial Site Assessment /Preliminary Site Investigation Task VI Coordinate Preliminary Environmental Evaluation /Environmental Studies Task VII Prepare Project Study Report Task VIII Reproduction SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $44,000.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION S. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. 0 SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANTS indemnification of CITY, CONSULTANT 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance eXcep-Y vdor)er's C�YU�cn7oticr� policies,^ shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANTS services as described herein. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of 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 carriers having a Best's rating of Class B or better: 1. Worker's compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of S1 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 0 0 limit shall be twice the occurrence limit; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either parry, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANTS operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE If CONSULTANT at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONSULTANTS name or as an agent of the CONSULTANT and shall be compensated by the CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees e�cw V'Cluus (CY1'4 -1'Q cA shall be named as an additional insured under all insurance coveragglrequired by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit 0 thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Steve Badum, Project Manager (714) 644-3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: IWA Engineers 17390 Brookhurst Street, Suite 100 Fountain Valley, CA 92708 Attention: Marie Marston (714) 968 -1221 SECTION 13. TERMINATION Either parry may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ! & ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. AS TO FORM: ey ATTEST: CITY OF NEWPORT BEACH, a municipal corporation BY: MAYOR CONSULTANT BY: 27`uuG`GB,v 0 /me, CONSULTANT CITY CLERK ' - '. -, 3 -'' U cq��FO �P 1 1 1 IWA ENGINEERS 17390 Brookhurst Street, Suite 100 Fountain Valley, California 92708 (714) 968 -1221 • FAX (714) 968 -9286 ' November 23, 1994 City of Newport Beach ' 3300 Newport Blvd. ' Newport Beach, CA 92658 ' ATTN: Mr. Gail Pickart 252 -08 -003 ' SUBJ: Pacific Coast Highway /Newport Boulevard Interchange Project Study Report Proposal ' Dear Mr. Pickart: We are pleased to submit our revised proposal to provide professional services to t prepare a Project Study Report for interchange improvements. Our scope and fee are based on current Caltrans requirements and our meetings on November 3, 1994 and November 17, 1994. ' As discussed at the meeting, the City will contract separately for traffic, structural, environmental review, hazardous materials assessment and investigation, and noise ' studies. With our proposal we have attached our work hour estimate and current billing rates. ' If you have any questions, please contact me or Richard Burns. ' Sincerely, Marie Marston, P.E. ' Manager of Transportation Enclosure ' cc: Steve Bucknam ' Richard Burns I TABLE OF CONTENTS Page A. INTRODUCTION .............. ..............................1 B. PROJECT DEVELOPMENT TEAM ... ..............................1 C. PROJECT APPROACH, TASKS AND DELIVERABLES .................... 2 Task 1 - Update Existing Information, Aerial Mapping and Base Maps ........ 3 Task 2- Refine Utility and Right -of -Way Information ................... 4 Task 3 - Refine and Metricate Geometrics and Cost Estimates ............. 4 Task 4 - Bridge and Retaining Wall Advanced Planning Studies ............ 5 Task 5 - Initial Site Assessment/Pre Iiminary Site Investigation .............. 6 Task 6 - Preliminary Environmental Evaluation /Environmental Studies ........ 6 Task 7 - Prepare Project Study Report .............................. 7 D. FEE ........................ ..............................9 E. SCHEDULE .................. ..............................9 APPENDIX F 1 1 11 L�I 1 1 PROPOSAL TO PROVIDE PROFESSIONAL SERVICES TO PREPARE A PROJECT STUDY REPORT FOR IMPROVEMENTS AT THE PACIFIC COAST HIGHWAY (SR- 1)INEWPORT BOULEVARD (SR -55) INTERCHANGE A. INTRODUCTION The City of Newport Beach desires to prepare a Caltrans Project Study Report (PSR) for the Pacific Coast Highway (SR -1) /Newport Boulevard (SR -55) interchange improvements. The PSR is the first formal step in the Caltrans project development process. To meet project funding deadlines, the PSR and subsequent project development phases must all be prepared in the most expeditious manner possible. It is our understanding the project must begin final design by June of 1996 and must be advertised for construction by June of 1997. Therefore, we assume the full political support of the City will be backing the project and available to resolve project development issues as they arise. We also have assumed that with the City's assistance, Caltrans will accept the PSR scope we have included in our proposal. If this does not prove to be the case, then additional work may be required. It is also possible Caltrans will allow a reduced PSR scope which focuses even more on the City's preferred alternative. If this proves to be the case, then a revision of our scope may be in order. The PSR is a feasibility study used to develop project concept and scope which is used to secure Caltrans' management conceptual approval of a project before a more detailed study is performed. The PSR addresses the transportation problem and the range of alternatives; it includes a preliminary analysis of the impacts on the State highway system, preliminary cost estimates, and tentative time and support requirements. The PSR will be prepared per Caltrans "Guidelines for the Preparation of Project Study Reports," dated September 12, 1991 and subsequent policy memos received to date. IWA Engineers has prepared a pre -PSR study for several interchange improvement alternatives. From that study, two alternatives are recommended for further development, Alternative P1, the 'Pinwheel" Alternative (full standard design /high cost), and Alternative X2 - Phased, the "Conventional" Alternative (preferred design /low cost). The concept plans and cost estimates from the pre -PSR study are to serve as the basis for those to be included in the PSR. B. IWA ENGINEERS PROJECT DEVELOPMENT TEAM We propose to utilize the following IWA Engineers team members for the PSR preparation. The IWA team will include Stephen Bucknam Jr. as Principal -In- Charge, Marie Marston as Project Director, Richard Burns as Project Manager, Mike Esquer as Project Engineer, and Sarah Wyngaarden as Project Designer. I ' C. PROJECT APPROACH, TASKS AND DELIVERABLES ' We have developed the following methodology required to achieve PSR approval and other engineering services we believe will be required based on our past experience in working with the City and Caltrans. The orderly development of the PSR follows a chronology of ' tasks. These are listed and described below. Task 1 Update Existing Information and Base Maps t Task 2 Refine Utility and Right -of -Way Information Task 3 Refine and Metricate Geometrics and Cost Estimates Task 4 Coordinate Bridge and Retaining Wall Advanced Planning Studies Task 5 Coordinate Initial Site Assessment/Preliminary Site Investigation Task 6 Coordinate Preliminary Environmental Evaluation/ ' Environmental Studies Task 7 Prepare Project Study Report ' We have found, when working among multiple agencies, a regular meeting schedule to ensure everyone's understanding and consensus of the project is important. This will be ' especially true for the accelerated schedule on this project. Therefore, we propose a minimum of regular monthly meetings be held. These Project Development Team (PDT) meetings will be held with City staff, the Caltrans Project Manager, and the active project ' team members to coordinate the project development, determine work objectives, respond to questions arising throughout the design, review progress, discuss relevant issues, review project schedules, and coordination. The meetings will be conducted by the City's Project ' Manager in close coordination with IWA's. If necessary, we or the City will schedule meetings in addition to the regularly scheduled monthly meeting as the PSR progress dictates. We will prepare meeting minutes for each meeting to document important items ' and circulate for verification among PDT members. With the City's assistance, we propose to set up a meeting as soon as possible with select ' members of Caltrans' Project Studies /Development group which will provide oversight during interchange development. Project team members and City of Newport Beach representatives will review with Caltrans the PSR development process, agree on the ' alternatives to be examined, and agree on the basic design standards to be met (e.g., facility design speeds for full standard compliance, ultimate facility cross - section per the Transportation Concept Reports (TCR) for PCH and Newport Blvd). This will include a ' review of current metric design requirements, especially as it relates to the existing base map. We will also use this opportunity to submit the Summary Report (the pre -PSR study) ' for their review and receive any information gathered by Caltrans during their previous full cloverleaf concept study. We will call the Caltrans Project Manager prior to the meeting so data required for PSR preparation, such as accident data, TCRs, and utility plans, can be ' provided to us at the meeting. Proposal to Provide Professional Semoms to Prepare a Project Study Report for Improvements at the Pacific Coast Highway (SR- IYNewpod Boulevard (SR -SS) Interchange Page 2 1 [1 1.' r 1 1 .i 1 Task 1 Update Existing Information and Base Maps The first portion of Task 1 consists of reviewing and analyzing existing information. We will determine if any supplemental information is required or available, such as recently filed as- builts, survey control records, utility locations, drainage information, traffic signal locations, lighting and power poles, oil and gas facilities, any previous survey information, previous materials/geotechnical reports, project- related reports and studies, right -of -way records, any new planned development, and other information necessary to refine the design. IWA Engineers will conduct an intense field review of the project area, which will include photos to supplement the existing aerial photographs. The review will include examining existing structures and improvements within and behind existing right -of -way in areas of the proposed interchange improvements which may be pertinent or in conflict with the proposed design. The review will also identify surface features which may have been hidden from the aerial. These may include such features as structures, trees, utility poles, fire hydrants, catch basins, signs, water valves, manholes, driveways, walkways, etc. If deemed necessary, the field review will include other members of the PDT, City, and Caltrans representatives. The base map will be completed by compiling the field review information, and transferring that data to the aerial topographic map. At the request of the City, and ultimately with the consent of Caltrans, the aerial topography will not be updated to a metric format for contours and spot elevations during the PSR. We will be scaling the existing aerial topography such that the base unit for distance is a meter instead of a foot. Also during this task of the PSR study, we will be coordinating with the City's traffic consultant. We are anticipating the traffic consultant, in close coordination with the City and Caltrans, will update the post -2010 ADT and peak hour traffic numbers to either post - 2015 or post -2020 (i.e., 20 years past project construction completion). The numbers will be important to verify interchange geometrics, storage requirements, lane configurations and construction staging concepts from the pre -PSR study. We are assuming the City's traffic consultant will formalize ICUs, perform a weaving analysis, perform an accident review, prepare signal warrants, evaluate the need and probable elements for a Traffic Management Plan (TMP) to include the requirements of the ' Caltrans Construction Zone Enhanced Enforcement Program (COZEEP), if applicable, and prepare cost estimates for signing, striping, TMP, and traffic control for inclusion in the PSR. We anticipate the need for a TMP because of the importance of this interchange. During construction, alternate routes for interchange traffic need to be studied, thus the TMP requirement. ' We anticipate the traffic consultant will be available to assist in the operational analysis and discussion within the report of the various alternatives. Other traffic related items which we ' anticipate the consultant will address are a review of the project's consistency with Caltrans' Proposal to Provide Professional Services to Prepare a Project Study Report for Improvements at the Padfic Coast Highway (SR- lyNewport Boulevard (SR -55) Interchange Page 3 1 ' Transportation Concept Report, District System Management Plan, Regional Transportation Plan, and the Congestion Management Plan. The traffic consultant should also study the project's consistency with City's traffic planning and circulation concepts. Task 2 Refine Utility and Right -of -Way Information 1 1 1 During this task, it will be necessary to refine and update the utility and right -of -way information. The first portion of this task is to consult, coordinate, and perform related follow -up with all of the affected underground and overhead utility companies regarding the specific impact locations throughout the project. We will further identify design controls and considerations necessary during concept plan preparation for existing and planned utilities. Our plan submittals will be forwarded to the utility companies so they can verify their facilities and impacts. The existing franchise agreements with each affected utility will determine whether our plans will indicate the necessary mod if ications/relocations be performed within the project or whether the utility company must perform their own work. This will be determined for each utility agency. Cost estimates will be included for utility work as required. New utility and other pertinent information will be added to the metric base map. Right -of -way information will also be refined and supplemented during this task. IWA will check assessor parcel maps and Caltrans right -of -way maps to identify the various agencies and parties who own right -of -way or airspace rights impacted by interchange construction. Under the guidance of the City, initial contact will be made to define the procedure, cost and potential delays associated with the right -of -way impact. As with the utility information, the plan submittals will be forwarded to the various entities. The right -of -way impacts, if any, will be identified on the concept plans. We will be performing a minor drainage study for the enclosure of the existing channel between Newport Boulevard and Old Newport Boulevard. We are assuming the existing drainage study by RBF for the box culvert to be laterally crossing under PCH, to be constructed by others, will be made available for our use. We anticipate this report will have the expected flow quantities (Qs) tabled for the storm water runoff tributary to the channel. Thus, OUT study will be limited to a preliminary design of the channel enclosure for cost estimating purposes. For compatibility with Phase 2 of the preferred alternative, the channel enclosure will be located within the Old Newport Boulevard right -of -way, currently owned by Caltrans. We will also perform a cursory drainage review of the interchange, noting impacts to any other existing major drainage facilities and prepare preliminary estimates for expected drainage improvements. Task 3 Refine and Metricate Geometrics and Cost Estimates During this task we will refine the geometrics (horizontal and vertical) of previously developed alternatives in the concept report as they are converted to metric format. As we have done during the pre -PSR study, we will continue to examine each alternative for cost �. Proposal to Provide Professional Services to Prepare a Project Study Report for Improvements at the Padfic Coast Highway (SR- TyHewport Boulevard (SR -SS) Interchange Page 4 reducing measures. This ongoing Value Engineering (VE) will be performed to provide an alternative which will satisfy project goals at the lowest overall cost. We will be incorporating the work and recommendations of the subconsultants into conceptual plans for ' each alternative. The CADD plans will include the existing and proposed layout information, traffic numbers, topography, structures, major storm drain changes, retaining wall locations, existing and proposed right -of -way limits, cut/fill lines and any other pertinent ' information. Typical cross sections will be provided as necessary to augment the report. The plans will be reducible to 11 "x17" for. inclusion in the approved PSR. ' We are anticipating profile and superelevation diagrams will be required for the ramps in the preferred Conventional Alternative only. With the help of the City, we expect to clarify the profile requirements during the initial meeting with Caltrans. The diagrams will be ' important for identifying site restrictions, construction feasibility, bridge type, retaining wall heights, and any non- standard conditions. ' Considering the traffic operational problems, VE, and site restrictions, we will further consider construction staging of the alternatives. We will be refining the traffic handling ' concept sketches developed during the pre -PSR study. These sketches are useful for determining the scope of the Traffic Management Plan and the cost of traffic handling during construction. Per the City's request at our meeting on November 3, 1994, no formal traffic ' handling plans will be submitted with the PSR; however, we can present our concept sketches to interested parties. The cost estimates from the pre -PSR report will be refined and updated to include anticipated right -of -way and environmental costs. They will also be converted to metric format. ' Task 4 Coordinate Bridge and Retaining Wall Advanced Planning Studies 11 During Task 4 we will be coordinating the preparation of bridge and retaining wall advanced planning studies (APS) with the City's structural consultant. The APS includes a general plan and cost estimate for each alternative's structures per Caltrans' Office of Structural Design guidelines. With the consent of Caltrans, we anticipate the scope of the APS will be limited to the structures required for the preferred Conventional Alternative only. For now, we have assumed an APS will be required for the PCH /Newport Boulevard Separation in both the Pinwheel and Conventional Alternatives. The channel bridge is the basically the same for both alternatives, so only one APS is anticipated to cover both alternatives. Any nonstandard retaining walls or special structures will also require an APS as dictated by District 12 requirements. We do not anticipate the need for any non - standard retaining walls for the preferred Alternative. An APS is anticipated for the Pinwheel Alternative walls. Proposal to Provide Professional Services to Prepare a Project Study Report for Improvements at the Pacific Coast Highway (SR- IyNewport Boulevard (SR -55) Interchange Page 5 t IWA will work closely with the bridge consultant on coordinating bridge and interchange construction staging. The bridge study is expected to include a cursory look at bridge aesthetics with bridge renderings as appropriate. The renderings could be performed by ' IWA using computer renderings or a specialized consultant under a separate contract with the City. This, however, is not included in this scope of work. ' Task 5 Initial Site Assessment/Preliminary Site Investigation ' In Task 5, we will be coordinating with the City's hazardous waste consultant on the Initial Site Assessment (ISA). The ISA is required to determine if there is any known or potential hazardous materials within the project limits and the mitigation costs associated with them. ' Due to the proximity of the bridge excavation to the former site of the Arches Gas Station, we believe the ISA will determine that a potential exists. Based on this assumption, a Preliminary Site Investigation (PSI) will be required to determine the extent of contamination ' and provide remedial action alternatives and mitigation costs. We assume the hazardous waste consultant will provide IWA with a copy of the ISA/PSI for inclusion in the Appendix of the PSR. We will provide the hazardous waste consultant with a copy of each PSR ' submittal for review. We anticipate the City will select a consultant which has geotechnical capabilities, as well ' as hazardous waste, and is familiar with the area geology. Through the review of existing log of test boring sheets and existing geotechnical information from nearby projects, the consultant should be able to make a preliminary determination of foundation requirements ' (i.e., pile or spread footings) for the project structures. This information will be important during preparation of the APS in Task 4. ' An encroachment permit is necessary from Caltrans for the PSI. The City should apply for the permit as soon as possible to expedite the PSR. This permit usually requires 4 to 8 weeks to receive from Caltrans. ' Task 6 Preliminary Environmental Evaluation /Environmental Studies ' In this task, we will be coordinating with the City's environmental consultant on the Preliminary Environmental Evaluation. The evaluation will inventory environmental ' resources and potential project issues which affect an alternative, determine additional studies needed for environmental clearance, and determine the type of environmental clearance proposed. According to PSR guidelines, an evaluation is required for each ' feasible alternative. With Caltrans approval, we encourage the City to limit the scope of the evaluation to the Conventional alternative. We anticipate assisting the environmental consultant with the preparation of exhibits by providing copies of the interchange ' geometrics. We assume an original copy of the evaluation will be provided to us to insert in the Appendix of the PSR. We will include the environmental consultant on the distribution list of all PSR submittals. Proposal to Provide Professional Services to Prepare a Project Study Report for Improvements at the Padfic Coast Highway (SR- UNewport Boulevard (SR -55) Interchange Page 6 During a meeting on November 3, 1994, the City expressed interest in conducting noise studies for the interchange to identify sound wall requirements. We have included ' coordination time in our scope with the noise consultant. We expect to assist the consultant by providing appropriate traffic counts, speeds, and geometrics for the interchange in the northeast and southwest quadrants. We will provide copies of the concept plans needed by ' the consultant for exhibit preparation. We will include the locations, heights, and approximate costs of any sound walls required by the study in the PSR. The noise study does not need to be submitted with the PSR. We will include the noise consultant on the ' PSR submittal distribution list. Because of the accelerated schedule of the project, additional environmental coordination ' work may begin during PSR preparation. Although our scope is limited to the items above, we will provide the necessary coordination as required in good faith and keep the City informed of any additional expenditures. ' Task 7 Prepare Project Study Report ' This task involves the inclusion of the results of the above tasks into the Project Study Report document as outlined in the PSR Guidelines. The cost estimates, traffic studies, Initial Site Assessment/Preliminary Site Investigation, Preliminary Environmental Evaluation ' and bridge APS will be included in the PSR. If non - standard features are proposed in the design, Caltrans exception to standards reports ' (Fact Sheets) would have to be prepared. There are two reports, one addressing mandatory standards and one addressing advisory standards. We have included the preparation of these reports in the scope since the inclusion of non - standards in the preferred alternative is ' likely unavoidable as determined during the pre -PSR study. These must be reviewed and signed by Caltrans before the PSR can be approved. We anticipate a draft and final ' submittal of each fact sheet will be required. We anticipate each submittal will require 10 copies of each fact sheet (6 Caltrans, 2 City, 2 reference). ' A Right -of -way Data Sheet is required for each alternative in the PSR to identify right -of -way, utility, and railroad impacts. The City is expected to have an active role in this area, especially in identifying expected costs. Right -of -way acquisition may entail the ' development of a relocation assistance program (RAP) for displaced businesses and /or residences and an assessment of severance damages. At a minimum, it will identify the cost of any utility relocations if no right -of -way acquisition is expected (as in Phase 1 of the ' Preferred Alternative). We will be clarifying with Caltrans at the initial meeting if the Right - of -Way Data Sheet preparation can be limited to the Preferred Alternative only. ' The City will be asked to identify the funding sources for interchange studies and construction. The City is expected to be the responsible party for project development and the funding source of these studies and /or design, both which must be identified in the PSR. Proposal to Provide Professional Services to Prepare a Pro%ed Study Report for Improvements at the Padfic Coast Highway (SR- fYNewport Boulevard (SR -SS) Interchange Page 7 ' A tentative milestone schedule and a Caltrans supplied PYPSCAN exhibit will be included in the PSR for Project Report Submittal, Environmental Clearance, Bridge Site Data, Maps to ' Right -of -Way (if required), PS &E, and Right -of -Way Certification (if required). The schedule is used for Caltrans programming purposes and cost estimate escalation to the proposed program year. 1 I 1 1 IWA will be performing Quality Control (QC) and peer reviews to assure accuracy and completeness of documents prepared during the PSR process. Documents will be checked in -house through our quality control program before submittal to the reviewing agencies. Three submittals, a draft, final draft, and final of the PSR, are anticipated. These submittals will be forwarded to Caltrans, the City, PDT members, and other parties as designated by the City. We anticipate 33 copies of the draft PSR (18 Caltrans, 3 City, 5 PDT, 2 Reference, 5 others), 27 copies of the final draft PSR (12 Caltrans, 3 City, 5 PDT, 2 Reference, 5 others), and 48 copies of the final PSR (24 Caltrans, 12 City, 5 PDT, 2 Reference, 5 others) will be issued. Following a draft submittal to the City and project team members, Caltrans will review the report and provide comments. These comments will be incorporated into the final draft PSR which will then be submitted. Comments received on this submittal will be incorporated into the final PSR which will be sent to Caltrans for signature. IWA will work with Caltrans staff during this task to assure the Caltrans document formats are followed. A draft cooperative agreement, drafted by Caltrans, may be initiated between Caltrans and the City near completion of the PSR. IWA is not expected to be involved in the cooperative agreement. Also prior to completion of the PSR, a safety review will be conducted by Caltrans to incorporate safety concepts early in the design process. We are anticipating the comments from the safety review meeting will be forwarded with Caltrans' review comments of the draft PSR to be incorporated prior to submittal of the final draft. Project Study Report Products - Base Maps Update - Utility Study - Project Study Report, Geometric Plans, Profiles, Cost Estimates - Fact Sheets - R/W Data Sheet Proposal to Provide Professional Services to Prepare a Project Study Report /or Improvements at the Pacific toad Highway (SR- IyNewport Boulevard (SR -SS) Interchange Page 8 I ' D. FEE 1 1 1 1 The fee will be billed on a time and materials basis to a specified maximum and billed on an hourly basis per the enclosed rate schedule. The fee was estimated by several functions and is tabulated in a manhour estimate in the appendix. Meetings and Coordination Task 1 Update Existing Information and Base Maps Task 2 Refine Utility and Right -of -Way Information Task 3 Refine and Metricate Geometrics and Cost Estimates Task 4 Coordinate Bridge and Retaining Wall Advance Planning Studies Task 5 Coordinate Initial Site Assessment/Preliminary Site Investigation Task 6 Coordinate Preliminary Environmental Evaluation/ Environmental Studies Task 7 Prepare Project Study Report Reproduction, Delivery, Mileage $4,400 $3,180 $5.180 $11,730 $1,060 $1,215 $1,515 $11,700 $3,725 Total $43,705 ' E. SCHEDULE To meet project funding deadlines, the PSR and subsequent project development must be ' prepared in the most expeditious manner possible. Therefore, we assume the full political support of the City and Caltrans will be available to resolves issues during project ' development. Based on that assumption, the following schedules have been prepared. The first is for preparation and approval of the PSR. The second is the milestone schedule of the entire project development process from PSR preparation to Advertisement. The project ' schedule shows final design beginning in January 1996 to meet the June 1996 deadline and advertisement for construction by the June 1997 deadline. II 1 1 L] ' Proposal to Provide Professional Services to Prepare a Project Study Report for Improvements at the Pacific Coast Highway (SR- 1YNewport Boulevard (SR -SS) Interchw ge ' Page 9 I I I I I I I I /, I I I [] I I I I I I & ; § § ¥ « \ . § } § � § � q � \ , \ § m n n eq _ -__ N N N - -- _/ {j �\ \� � \ :5 !_ - > \ \ - ! Ln � cl k or ! c tm � a y 3 2 $ @ / \ e < » §§ D § 2 2 % a - a r 00 ± - /§ . - a ) ƒ� » §] - ; 5 E ) ! J r 2 5§ � » k § | 2 , . L A6 a | | § _ > -- °)2� {) � . © ` # 2 ° & �) k } § ` £ & ) kem e �k2��� = to 0 m¥ a a2§ ® @ ®� {2k)()§ §32� /kkk§ "` «; . >i_ _. L IL 0.m obau d=a4 rn w w 5 z w z w w NO W a w 4 U w H z LO w U) Q.' d w J O [LYl rN LL. Q w z T d N U LL. U 0. 7 c r 1 ti < a► rn � a ► LL. o � w c ago zo> O u. V) o� O <5 to > > rn - -s�c L � a < a. � a ► LL 011 a c ern _J Ou« a� rn m — � w LL . ja to ago O O O O O O O O O O O O O O O o E E E E E E E E E E E E E E E ` 1n t° o o to o to 0 to a a a 1n o 0 } 3 .m (V to 'V' (V N V' V' pi V' (V N � (O .� r w 4 —! X D U 0 A w Z 2 N a F. C O w w a _ w E N c � U C w w IL p > tY co o LL' a o q ¢ ¢ oe U o O a IL ° a a_ d n a c C7 a a. w ° a1 a° d o ° w ° o 0 ° m W > o > ° > ° S wN ° 0 4) 4Oj O W n w 0 w $ icl Q- 0: � Q v N m m m to a m ¢ U v c 'v v c c to c o C v ° w L N o N w N . 4 ) u p C N N y N N v N y N =C s W n N d o (X I aa p v rf av a. W � i C m w a v c ¢ _ V I I I 0 I I I I I I APPENDIX IWA ENGINEERS RATE SCHEDULE Professional Services Hourly Rate Principal 125 Senior Engineer II 100 Senior Engineer 1 85 Engineer /Senior Designer 75 Junior Engineer /Designer 65 CADD Technician 55 Technician/Word Processor 45 Surma Services Two-Man Survey Crew 135 Three -Man Survey Crew 160 Reimbursable Expenses Reproduction Cost + 10% Consultant Services Cost + 10% Automobile Transportation 0.30 /mile Commercial Travel & Subsistence Cost Agency Fees (Plan Check, Permits, etc) Cost Outside Computer Services Cost + 10% Computer Plots - Bond/Vellum $5 ea Color $35 ea (Rates subject to revision after 1/1/95) IWA ENGINEERS PROJECT RATE SUMMARY ESTIMATE Client: City of Newport Beach Project No. 252 -08 Project: PCH /Newport Blvd PSR Date 11/23/94 lass Position /Name Man -Hours Rate Sub -Total Total A Principal 10 $125.00 $1,250 B Protect iJlanager 54 $100 00 $S,4;OD C Sr. Engineer 16 $85.00 $1,360 D Engineer„ 275 $75 00 $20,625 E Jr. Engineer $65.00 F Designer;; $60 QO G .... CADD Technician 194 $55.00 $10,670 H CechNUord Proc. 15 $45 00.. > $675 Subtotal 564 Subtotal $39,980 Total Labor $39,980 Other Direct Costs % Mark -up 03 Subcontracts 10% 04 05 Computer 06 ....................................................................................................................................................................................... Travel &.Transport at, on ............................... $43 07 Communications 08 Reproduction &Delivery 09 Other .......................................................................................................................... 7 ofal Reimbursement ODC ............................... Cost $3 725 Proposed Fee Total Labor at Billing Rates $39,980 Reimbursable ODCs + Mark -ups Contract Value $43,705 Proposal /Project Manager RMB IWA ENGINEERS MANHOUR ESTIMATE Client: City of Newport Beach Project No: 252 -08 Proj: PCH /Newport Blvd PSR Date: 11/23/94 Class Position /Name A B C D E F G H Man Hrs Bill Rate A Principal 10 10 $1,250 B.; Project Manager 54- 54 $5,400 C Sr. Engineer 16 16 $1,360 Engineer 275: 275 $20,625 E Jr. Engineer Fi Desjner 1. G CADD T ia echnicn 194 194 $10,670 H .............. Tech/Word ... _.... _.... Prot 15 15 $675 Summary Total 564 $39,980 # Function Description A B C D E F G H Man Hrs Bill Rate >11 Meetings (5) 6 15 15 5 41 $3,600 > 12 Coordination 2 8 10 $800 > 15 Base map 4 12 16 $960 > 16 Info Review 8 8 $600 > 17 Utility Study 1 4 16 21 $1,280 > 18 R/W Study /Data Sht 2 12 8 22 $1,540 > 20 Field Review 4 4 8 $520 > 25 ISA/PSI /Geo Coord 1 8 9 $700 > 26 PEE Coord 1 8 9 $700 > 27 Noise Coord 4 4 $300 > 30 Drainage Study 4 16 8 28 $2,360 > 35 Traffic Coord 2 12 14 $1,100 > 40 APS Coord 2 10 2 14 $1,060 > 45 Geometrics 4 16 40 60 $3,800 > 46 Profiles & Super 4 16 40 60 $3,800 > 50 Draft PSR 2 32 4 2 40 $2,910 Final Draft PSR 1 8 16 2 27 $1,670 Final PSR 1 4 8 2 15 $930 > 51 Quant'y & Cost Estmt 2 16 16 34 $2,280 > 52 Stage Const 2 8 10 $800 > 53 Exhibits 2 16 18 $1,030 > 55 Draft Mandy Fact Sht 1 24 4 1 30 $2,165 Final Mandy Fact Sht 1 8 2 1 12 $855 > 56 Draft Advis'y Fact Sht 1 16 4 1 22 $1,565 Final Advis'y Fact Sht 1 4 2 1 8 $555 > 60 QC /Peer Review 4 4 16 24 $2,100 J 1 1 L 1 I 1 OTHER DIRECT COSTS Client: City of Newport Beach Project No. 252 -08 Project: PCH /Newport Blvd PSR Date 11/23/94 Item & Basis For Estimate REPRODUCTION & DELIVERY Unit Num Unit Cost Total Blueline Prints Draft -18 CT +3 NB +S Team +2 Ref +S Other =33 9 Dwgs x 6 SF /dwg x 33 sets 1782 ISf.Ft. 1 1782 $0.15 $267 Final Draft -12 CT +3 NB +5 Team +2 Ref +5 Other =27 9 Dwgs x 6 SF /dwg x 27 sets 1458 ISf.Ft. 1 1458 $0.15 $219 Final -24 CT +12 NB +5 Team +2 Ref +S Other =48 9 Dwgs x 6 SF /dwg x 48 sets 2592 Sf.Ft.. 2592 $0.15 $389 Reports(PSR) Draft - 33 Copies x 160 pages page 5280 $0.10 $528 Final Draft - 27 Copies x " page 3510 $0.10 $351 Final - 48 Copies x page 7680 $0.10 $768 Reports (Fact Sheets) Draft - 10 Copies x 40 pages page 400 $0.10 $40 Final - 10 Copies x page 400 $0.10 $40 Plots Bond sheet 144 $5.00 $720 Vellum sheet 36 $5.00 $180 Deliveries Local each 18 $10.00 $180 LA Region each $25.00 Total $3,682 COMMUNICATIONS Unit Num Unit Cost Total Telephone Client - Calls /wk x weeks call Field - Calls /wk x weeks call Total TRAVEL & TRANSPORTATION Unit Num Unit Cost Total Air Travel Round Trips - to trip Personal Car 12 Trips x 12 miles /trip miles 144 $0.30 $43 Per Diem/Subsistence /Lodging Trips x days /trip days Total $43 SUBCONTRACTS Unit Num Unit Cost Total > each 1.00 > each 1.00 > each 1.00 Total li • TO: FROM: SUBJECT: is • i December 12, 1994 CITY COUNCIL AGENDA ITEM NO. // MAYOR AND MEMBERS OF THE CITY COUNCIL PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE IMPROVEMENT PROJECT C-2STf RECOMMENDATIONS: C,._.. i M . (3e) .)'Z' -9 -;sr 1. Accept the Pacific Coast Highway and Newport Boulevard Interchange Improvement Study and preliminary landscape plans. 2. Authorize the Mayor and the City Clerk to execute an engineering agreement with IWA Engineers for the preparation of the Project Study Report. DISCUSSION: In February 1993, City Council authorized an engineering agreement with IWA Engineers for the preparation of an interchange improvement study and landscaping plans for the Pacific Coast Highway and Newport Boulevard interchange. Copies of the improvement study and the landscape plans are available for your review at the Public Works Department. The Pacific Coast Highway and Newport Boulevard Interchange Improvement Study includes a review of existing traffic conditions, a forecast of future traffic conditions, and design of interchange geometric alternatives addressing the future vehicular, bicycle and pedestrian traffic. The study identified several design alternatives and examined two alternates in depth. Cost, traffic benefits, and impacts to traffic during construction for each proposed alternative configuration were evaluated in this study. The Executive Summary for the study including exhibits of the two alternatives are attached for your reference. The first alternative has two phases and provides for the replacement of the Newport Boulevard bridge over Coast Highway and the widening of the channel bridge. See the Executive Summary for further description of the two phases of this alternative. The second alternative called Pinwheel Alternative was required by Caltrans procedures to be examined because it meets high level geometric design criteria. Because of excessive right -of -way acquisition and a 50% greater estimated construction cost, this alternative will not be considered for construction. Plans, specifications, and cost estimates for the construction of an irrigation system and landscaping for the interchange have also been completed. The plans were prepared in the event that funding would become SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE IMPROVEMENT PROJECT December 12, 1994 Page 2 • available through Federal beautification and environmental enhancement programs. Funds from those programs to landscape the existing interchange are not available at this time. However, the City has been successful in obtaining Federal funding under the Intermodal Surface Transportation Efficiency Act Program ( ISTEA) for the design and construction of Phase I roadway improvements for the interchange which would include landscaping. The completed landscaping plans will be modified and inserted into the final construction plans at the appropriate point in the design process. The ISTEA funding program is scheduled to expire on June 30, 1997. A construction contract must be awarded prior to that date in order to take advantage of the ISTEA funding. Attached is a schedule showing the overall design process in order to award a construction contract for Phase I of the Preferred Alternative before the June 30, 1997, funding expiration date. The next step in advancing the interchange improvement project is the preparation of the Caltrans Project Study Report (PSR). The PSR is • required to secure Caltrans conceptual approval for the proposed project which is within State highway right of way. This document will utilize the information obtained from the recently completed study and integrate additional information such as Initial Site Assessment, preliminary environmental evaluation, formalized traffic study, retaining wall studies, bridge structure studies, detailed vertical alignment analysis, and the conversion of existing base maps and preliminary plans to metric dimensions as is now required by the State. The various elements of the report will require detailed technical information from several consultant specialists. Separate engineering agreements will be required to provide report preparation, environmental documentation, traffic engineering, structural engineering analysis, and geotechnical engineering. City staff requested a proposal from IWA Engineers to coordinate this work and prepare the PSR document. This proposal has been reviewed by staff and it is recommended that an engineering agreement be executed with IWA Engineers for the preparation of a Project Study Report. Fees are to be at an amount not to exceed $44,000. Funding for this project is available within the Orange • County Combined Transportation Funding Program (OCCTFP) Fund Account No. 7281 -P301 199K (Measure V Local Turnback funds). Don Webb Public Works Director SB:so Attachments December 1,19% • EXECUTIVE SUMMARY Introduction The existing Pacific Coast Highway and Newport Boulevard interchange was originally designed and built in the 1930's. In 1988, a Coast Highway widening project provided the addition of a traffic signal to enable the elimination of a substandard southbound Newport Boulevard to eastbound Coast Highway loop ramp. In 1992, the easterly side of the Newport Channel bridge was widened to accommodate a dedicated lane to provide improved traffic flow from northbound Newport Boulevard to eastbound Coast Highway ramp. Except for these modifications, the interchange is essentially unchanged from its original design. Project Justification • The primary need for improvement of the interchange is operational traffic safety. The existing facilities were designed to past standards regarding capacity, traffic volumes, and automotive technology. By today's standards, the interchange is deficient in the areas of ramp capacity and alignment, merge conditions, lane widths, and adequate pedestrian and bicycle facilities. Many of the existing ramps in the interchange have difficult alignments and no acceleration or deceleration lanes which results in awkward operation for vehicles entering and exiting through traffic lanes. The construction of a widened bridge over Coast Highway and the widening of the existing Newport Channel bridge will permit the addition of auxiliary merge (acceleration and deceleration) lanes, the widening of existing through lanes to standard widths, the addition of shoulders to provide space for bicycles, and wider sidewalks to accommodate pedestrians. The reconstruction and realignment of the various ramps in conjunction with the bridge widenings will provide improved traffic flow and better meet today's geometric design standards. Improved alignments will permit vehicles to better merge onto the mainline roadway and make the moves more comfortable and safer. • Another benefit is the beautification of the interchange. When one enters the city traveling southbound on Newport Boulevard, the interchange represents the entrance to the City of Newport Beach. Although the City has worked hard to preserve the panoramic view of the bay, the condition of the existing interchange is barren and void of a uniform landscaping scheme. An improvement project could provide a gateway landscaping treatment which sets the aesthetic scheme that identifies the entrance to the City of Newport Beach,. the Balboa Peninsula, and scenic Coast Highway while emphasizing the visual resources of Newport Beach. The aesthetic improvement will result in 0 0 a more positive experience for visitors and residents and reinforce the level of • quality that is Newport Beach. Alternative Concepts Upon conclusion of the City's consultant selection process, IWA Engineers was selected to prepare the interchange improvement study. A Project Summary Report available in the Public Works Department contains the technical information IWA used to analyze several different concepts to improve the operational characteristics of the interchange. The Pacific Coast Highway and Newport Boulevard Interchange Improvement Study includes a review of existing traffic conditions, a forecast of future traffic conditions, and design of interchange geometric alternatives addressing the future vehicular, bicycle and pedestrian traffic. The study identified several design alternatives and examined two alternates in depth (attached to this executive summary). Cost, safety, minimization of traffic delay, improvement to ramp capacity and merging, public convenience, and impacts to traffic during construction for each proposed alternative configuration were evaluated in this study. • The first alternative is a conventional design, designated as the "preferred alternative ", which modifies the existing interchange by improving merging and weaving movements through widening of the Channel bridge and replacement of the Arches bridge with a wider facility to provide auxiliary lanes. The design also provides for improved ramp alignments, standard lane widths, and bicycle and pedestrian facilities. This conventional alternative is divided into two phases due to funding and right of way constraints (see attached "Preferred" Alternative, Phase 1 & 2). The first phase proposes to construct the Channel Bridge widening and the replacement of the Arches bridge. This initial phase will enable the City to provide auxiliary merge lanes, standard lane widths, and bicycle and pedestrian facilities along Coast Highway and Newport Boulevard. The second phase proposes to construct realigned ramps which includes the replacement of the northbound Newport Boulevard to westbound Coast Highway ramp with an interconnected left turn signal on Newport Boulevard and the replacement of the existing drainage channel along Old Newport Boulevard with an underground box culvert. The alignment of the new ramp will permit the smooth flow of traffic from westbound Coast Highway to northbound Newport Boulevard. This alignment • will also improve the ability of vehicles to safely transition the northbound Newport Boulevard lanes to access the left turn lane at Hospital Road. An added benefit to this configuration is that Old Newport Boulevard can be redesigned as a residential street allowing the separation of arterial highway traffic from the adjacent residential area. This action does impede direct access from Coast highway to the commercial properties along Old Newport Boulevard south of Hospital Road. The implementation of this second phase plan will require extensive community involvement to consider the needs of 2 0 0 commercial and residential property owners. It is important to note that • Phase I can be completed independently of Phase 2. The second alternative, nicknamed the "pinwheel', is a full standard alternative (see attached exhibit). The full standard alternative is generally a design which meets all standard Caltrans design criteria. The analysis of this type of alternative is required as part of the Caltrans project development process. In general, this alternative is a two level signalized intersection which is a variant of the "urban" interchange concept that has been built at the Alton Parkway and the Foothill Transportation Corridor interchange. The lower level consists of the mainline Coast Highway through traffic with a traffic signal that regulates northbound and southbound Newport Boulevard left turn movements. Northbound and southbound Newport Boulevard right turn movements are free flow. The upper level consists of mainline Newport Boulevard through traffic with a traffic signal that regulates eastbound and westbound Coast Highway left turn movements. Eastbound and westbound Coast highway right turn movements are free flow. Although this alternative meets most standard design criteria, it is unlikely that this configuration could actually be built because of the excessive amount of right of way that • would need to be acquired to build it. If the proposed preferred alternative is implemented, an extensive traffic detouring program must be included as a part of the design and construction. Every effort must be made to maintain a minimum of two lanes of traffic in each direction. It is anticipated that the bridge construction will utilize precast structural members to minimize the construction period. The Channel bridge widening would be the first order of work. To accommodate construction the existing traffic lanes would be shifted easterly utilizing the existing dedicated northbound Newport Boulevard to Coast Highway ramp lane as an optional through lane. The new bridge over Coast Highway would be constructed partially on either side of the existing bridge. Upon completion of the partial bridge sections traffic would be transferred to the new structures and the existing structure would be demolished. The construction of the middle section of the bridge could then occur with the traffic being transferred to the configuration shown on the preferred alternative - Phase 1 plan. • Schedule & Cost The City of Newport Beach has been successful in securing grant funding for the project which in essence drives the schedule of the project. A bar chart schedule which shows the design process is attached for reference. The schedule shows award of a construction contract prior to June 30, 1997, when the ISTEA funding program is scheduled to expire. The construction cost of the preferred alternative phase 1 is estimated at $9.1 million and phase 2 is estimated at $2.8 million with the total at $11.9 million. The pinwheel. 3 0 0 alternative is estimated at $18.4 million. The City has obtained commitments • from Orange County Transportation Authority (OCTA) to fund a portion of the estimated $800,000 design cost for the interchange improvement project in the amount of $400,000 under the Federal Intermodal Surface Transportation Efficiency Act ( ISTEA) program in the 1995/96 fiscal year. The funding of the first phase bridge construction project will take advantage of the last year of the ISTEA program with SS million of committed funding in the 1996 /97 fiscal year. The second phase of construction has been funded by OCTA in the amount of $1.4 million by the Regional Interchange Program (RIP) and the Master Plan of Arterial Highway (MPAH) funding programs under Measure "M" within the 1998 /99 fiscal year. The delay in pursuing the second phase of the project will also enable the City to take advantage of Caltrans funding to improve and underground the existing drainage facility. • • The balance of the required funding is anticipated to become available through the CIOSA program, Gas Tax, and the City's Transportation and Circulation fund. The City will also continue to pursue additional funding opportunities for the project. 4 • i� F F � 3 f I UJ �1liq l� f f N' ' 1 �N%M' Tm 0 � \ 4 / 1 Q m Z W U (n V) Q, aU�U Q\�O m4 UQO� W LJ ZQz U U LO O � � 0. �- ` 8 zV z w 5 R� J 1 i 8! R R R R � � n �N%M' Tm 0 � \ 4 / 1 Q m Z W U (n V) Q, aU�U Q\�O m4 UQO� W LJ ZQz U U LO O � � 0. �- ` 8 zV z w 5 R� J 1 i 8! Ll t u = -�a. °?s.'=.. Flu L • —oz C, as v 1 \ �J. I A � , 11 �r 4 � 5 n r ♦ zq rk � � , � � r!i! h`i7 ri e' `> ' 11001 '1 ;. I, ' %1 : ij • �9. 0 0 w J U N a y„ m �r 9 W� z Z5 W d of t!' N of 0 • r • • • O Y iJ =l C� -14 r 1 � � _ I t all dik 4 S "9" CA x a W z W Y s U oUJ w i :k z.? o ' LO V � 'I Its 4 S "9" CA x a W z W Y s • On 0 ui LU I vJ z W :E W 0 W 0 z W 1-- z Lo LO f� Cl) ui .j D 0 m 0 IL W z U) 0 U) 0 n 2 c ti Qa. U. 0.0 n 10 r omo Z o > < rn > < N N Z o > 0 o M a CF) a) > LL *A 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 E E E E[E E E E E E E E E E E tu 91) LO a CD Ul) C) Ln 0 M C3 CD 0 m C5 0 4) C-i N vi -q: '1 N cq -,i -i ri •q: clli CNI (6 W 0 -j M D 10 w U) 0 W U) LU E 4) w a :H m 0 r_ (D W Cl. 0 4) > U) LL U) E CL r,� (U 0 < 06 U) C 0 .) (L . 2 IL IL n- (9 C iL CL W > d) �; > W > CD > 0 v > 0 d) > S) 5; — 4) . w 5: 0 " 0 '5 0 o o .0 o LO w W CL C)L (u 0 w I CL w 0 w CL OL IOL a 5: 0 CL 0 < tu fu a: L) a 'a c a 0- (v IL (U 4) LL N (13 r- CU (U r- tU N 0) 4) 3�. 4) U) M E 4) a) (U (a 4) 0 (U (1) (a a) 42 t: • (A W > LX CL 15: 0 CL 4) 11 CD 4) CL U) 0 (L 4) m a) a. n. a) ix 0- 0 r- r- -0 0 TO: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 FINANCE DIRECTOR FROM: CITY CLERK DATE: March 5, 1993 SUBJECT: Contract No. C- 2886(A) Description of Contract Consultant Agreement for PCH /Newport Blvd Interchange Study and Landscape Improvements Effective date of Contract March 5, 1993 Authorized by Minute Action, approved on February 8, 1993 Contract with IWA Engineers Address 17390 Brookhurst Street Fountain Valley, CA 92708 Amount of Contract (See Agreement) "94e2 (1' Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • BY THE CITY COUNCIL CITY OF NEWPORT BEACH FEB 81993 February 8, 1993 CITY O (0 AGENDA N ITEM NO. . TO: Mayor and Members of the City Council L- ' ?'U6 FROM: Public Works Department SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE IMPROVEMENT STUDY AND LANDSCAPING PROJECT RECOMMENDATION: Authorize the Mayor and the City Clerk to execute an Engineering Agreement with IWA Engineers. DISCUSSION: The 1992/93 Capital appropriation for preliminary for various projects within t] of preliminary plans and cost Highway and Newport Boulevard program. Improvement program includes an plans and environmental documents 1e State Gas Tax Fund. Preparation estimates for the Pacific Coast interchange is included in this The proposed Pacific Coast Highway and Newport Boulevard Interchange Improvement Study will include a review of existing traffic conditions, a forecast of future traffic conditions, and design of interchange geometric alternatives addressing the future vehicular, bicycle and pedestrian traffic (see attached scope of work summary). Cost, traffic benefits, and impacts to traffic during construction for each proposed alternative configuration will be evaluated in this study. The completed study will serve as a basis for future planning and construction of the interchange. Additionally, this study will provide information as to the ultimate right -of -way needs for the interchange, which is an important concern of the adjacent Balboa Coves Community Association in regards to the disposition of any excess State highway right -of -way. Completion of the study will also provide the information needed to enable the City to compete effectively for regional funding programs. Additionally included in this proposed Engineering Agreement is the preparation of plans, specifications, and cost estimates for the construction of an irrigation system and landscaping for the interchange. The areas to be considered for landscaping are shown on the attached exhibit. The final design will be based on the ultimate interchange configuration in order to ensure that the landscaping and irrigation system design will Subject: Pacific Coast Highway /Newport Boulevard Interchange Improvement Study and Landscaping Project February 8, 1993 Page 2 conform to future interchange modifications so as to minimize the possibility of costly future reconstruction. Construction of the proposed landscape /irrigation project is being proposed in the next fiscal year. This project was previously considered by the City Council in April 1992. Based on concerns about the scope and cost ($100,000) of the work, the project was rejected by the Council at that time. The scope of the study has been reduced in order to minimize the cost and still provide an effective tool for future interchange planning. Some of the reductions in scope from the original proposal include elimination of additional traffic counts, elimination of some alternative geometric layouts to be investigated, elimination of structural investigations of the existing bridge, and elimination of aerial surveys and topography preparation (done separately). The cost has been reduced from $100,000 to $56,200. The landscape design project scope was not reduced and is proposed in its original form. City staff has identified IWA Engineers as the best qualified to perform this study upon completion of the selection process. It is therefore recommended that an Engineering Agreement be executed with IWA Engineers for the preparation of the improvement study and landscape design. Fees are to be at standard hourly rates on a time and materials basis for an amount not to exceed $56,200. Funding is currently available within the State Gas Tax 2107 account, No. 7183 - 98313025. Benjamin B. Nolan Public Works Director Z ScoQe of Work Summary Preliminary Engineering Study Pacific Coast Highway / Newport Boulevard Interchange Improvements And Landscape Project A. Traffic Study Review existing data obtained from recent projects and reports; and identify the general level of existing motorized, pedestrian, and bicycle activity. Prepare forecast of traffic volumes for the year 2010 and use as base information design for alternative design concepts. Identify the various intersection concepts which will satisfy the future traffic demands as determined above to serve as a basis for alternative alignment discussion. - Consider detour and traffic control schemes for the purpose of evaluating the interchange alternative alignments. B. Alternative Alignment Study & Conceptual Plans Perform collection and review of existing As -Built plans, drainage and utility information. Meet with City staff to discuss possible alternatives based on preliminary findings. Proceed with analysis of the recommended alternatives to eliminate unfeasible concepts. Feasibility of the alternatives shall consider traffic benefits, cost, traffic control during construction, additional right of way, and structural design considerations. Prepare concept plans for each workable alternative showing proposed interchange geometric. Identify potential impacts to existing utilities and area drainage systems for each workable alternative. Prepare preliminary cost estimates for each feasible alternative including itemized construction costs, traffic control and detouring costs, engineering and construction contingencies, and rough estimates for additional right of way if necessary. C. Landscape /Irrigation Plan Prepare plans, specifications, and cost estimates necessary to construct landscape and irrigation within the interchange based on the recommended interchange alternative. 3 s' AREA 3 1a,000 SF ► oil ► LRC coRST HIGipy AREA 2 16,000 SF WEST NEWPORT io cy I I AREA 5 12,000 SF (LESS DRRINRGE CHANNEL) C--� PACIFIC CORSf_ H CHRNNEL AREA 4 13,000 SF RECENTLY LRNDSCRPED IN CONJUNCTION WITH NEWPORT BLVD WIDENING RRERS TO BE LRNDSCRPED AREA 1 665000 SF AREA 2 161000 SF AREA 3 185000 SF AREA 4 13,000 SF AREA 5 129000 SF TOTAL 125,000 SF AREA 3 1a,000 SF ► oil ► LRC coRST HIGipy AREA 2 16,000 SF WEST NEWPORT io cy I I AREA 5 12,000 SF (LESS DRRINRGE CHANNEL) C--� PACIFIC CORSf_ H CHRNNEL AREA 4 13,000 SF RECENTLY LRNDSCRPED IN CONJUNCTION WITH NEWPORT BLVD WIDENING 0 0 C - 2s ?6 (A) CONSULTANT AGREEMENT Preliminary Engineering for Pacific Coast Highway /Newport Boulevard Interchange Study and Final Engineering for Pacific Coast Highway /Newport Boulevard Landscape Improvements T /HIS AGREEMENT, entered into this 1 day of ,1993 by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and IWA ENGINEERS, whose address is 17390 Brookhurst Street, Fountain Valley, CA 92708 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: R E C I T A L 8• A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statues of the State of California and the Charter of the City. B. CITY and CONSULTANT desire to enter into an agreement for preliminary engineering services for the Pacific Coast Highway /Newport Boulevard Interchange Study and final engineering services to prepare plans, specifications, and estimates for Pacific Coast Highway /Newport Boulevard Landscape Improvements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this agreement shall commence on February 9, 1993 and shall terminate on August 31, 1993 unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal 1 0 0 dated January 28, 1993, attached hereto set forth in Exhibit "A" Task I Traffic Study Task II Alignment Study Task III Landscape Design Task IV Reproduction SECTION 3: COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $56,200.00. SECTION 4: STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5: INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6: HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, 'suits, costs and expenses whatsoever, including reasonable attorneys' fees, /0 4mt'ie arising from or in any manner connected to CONSULTANT negligent performance of services or work conducted or performed pursuant to this Agreement. K 0 SecT)or-J 7. On or before the commencement of the term of this Agreement, CONSULTANT shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 7A, B4O .a— . Such certificates, which do not limit JA CONSULTANT'S indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days' r V l &-.r- Newport Beach by -a ed mail, Director. advance notice to the CITY of Attention: Public Works It is agreed that CONSULTANT shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance business in the State of California. A. COVERAGE CONSULTANT shall maintain the following insurance coverage: (1) Worker's Compensation Statutory coverage as required by the State of California. (2) Liability Comprehensive general coverage in the following minimum limits: Bodily Injury: Property Damage: $500,000 each occurrence $1,000,000 aggregate products /completed operations $1,000,000 aggregate - all other (if applicable) $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Professional Liability Professional liability insurance which includes coverage for 3 0 0 the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of 21 the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9: PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10: REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11: RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. 61 0 0 CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12: NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Steve Badum, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: IWA Engineers 17390 Brookhurst Street, Suite 100 Fountain Valley, CA 92708 Attention: Marie Marston (714) 968 -1221 SECTION 13: TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the M 0 9 United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14: COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15: COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16: WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17: INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by 7 0 written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: ayor ATTEST: TY CLERK CONSULTANT 1.1 0 • EXHIBIT "A" Preliminary Engineering Study Pacific Coast Highway /Newport Boulevard Interchange Improvements Services to be Performed by the Engineer ENGINEER shall provide engineering services for the above referenced project as described below: Project Description: In general, the scope of work will require a review of existing traffic conditions, a forecast of future traffic conditions, design of interchange geometrics addressing the future vehicle, bicycle, and pedestrian traffic, and cost estimates. The completed project report will serve as a basis for future planning and ultimately be included in the EIR process. The preparation of a Project Study Report and environmental documentation are not a part of this work scope. Scope of Services: A. Traffic Study Review Existing Traffic Data Review existing data obtained from recent projects and reports and identify the general level of existing motorized, pedestrian, and bicycle activity. 2. Traffic Data Forecasts The Newport Beach Traffic Model (NBTAM) will be utilized as a basis of forecasts for future traffic. A Post -2010 or "buildout" design hourly volume will be utilized in designing interchange alternatives. Preliminary Findings and Designs Identify the various intersection concepts which will satisfy the future traffic demands as determined above to serve as a basis for alternative alignment discussion. C. Alternative Alignment Study 1. Collect and Review Existing Information Perform collection and review of existing As- Built plans, drainage and utility information to supplement aerial mapping and ground survey information in preparation of the base map. Potholing of underground facilities is not a part of this contract. 2. Conceptual Plans Meet with City staff to discuss possible alternatives based on preliminary findings. Proceed with analysis of the recommended alternatives to eliminate unfeasible concepts. Feasibility of the alternatives shall consider traffic benefits, cost, traffic control during construction, additional right of way, and structural design considerations. Prepare concept plans for each workable alternative at 1" = 50' scale showing proposed interchange geometrics. For estimating purposes, it is • assumed that a maximum of three alternatives will be prepared. Each plan shall include horizontal and vertical alignment, ramp profiles and super - elevations, right of way limits, and structure limits. Legal descriptions and right of way mapping are not included in this contract. The consultant will review progress with City Staff at regular intervals during the concept plan process. Drainage and Utility Study Identify potential impacts to existing utilities and area drainage systems for each workable alternative. Actual hydrology and drainage calculations are not considered as a part of this contract. Preliminary solutions and cost estimates for those solutions are not considered as a part of this contract. Cost Estimates Prepare preliminary cost estimates for each feasible alternative including itemized construction costs, traffic control and detouring costs, engineering and construction contingencies, and rough estimates for additional right of way if necessary. D. Landscape PS &E Prepare Plans, specifications, and cost estimates for the irrigation and landscaping of the interchange area as located in the attached exhibit. The scope of work shall include; the performance of a site investigation; development of preliminary conceptual plans for City approval before proceeding with final design; the preparation of final plans, specifications, and estimates; and coordination with the City and Caltrans as necessary to obtain final approved PS &E. The design shall consider the recommended interchange alternative as determined by the City. The plans shall be 1" =20' scale and in City format. The contract special provisions shall utilize all City and applicable Caltrans specifications and encroachment permit requirements. Also included in this work scope is all work necessary to obtain design approvals and permit processing with Caltrans. 10 IWA ENGINEERS ' . 17390 Fount Bro alley, Sheet Suite 92100 Fountain Valley, California 92708 (714) 968 -1221 • FAX (714) 968 -9286 January 28, 1993 Mr. Steve Badum City of Newport Beach Public Works Department P.O, Box 1768 Newport Beach, CA 92659 -1768 Subject: Pacific Coast Highway /Newport Boulevard Interchange Study Phase 2 Scope of Work and Fee Dear Steve: As you requested, we have prepared a proposal and fee estimate for the above referenced subject. The scope generally includes the preparation of the traffic study, the alignment study /conceptual plan preparation, and landscaping design. We will use the 1 " = 50' base maps as prepared in our work last year. The scope does not include the formal structure study, drainage /utility study, traffic detouring and staging, Project Study Report preparation, or coordination work with Caltrans on the interchange improvements. The landscape plans, however, must be processed through Caltrans permit department and, therefore, is included in this work. The fee is broken down as follows: Traffic Study Austin -Foust $ 9,988 IWA 2,323 Alignment Study (IWA) Collect Information S 1,208 Alternatives Analysis 14,437 Cost Estimates 3,380 Meetings 1,600 W. Koo & Associates 858 Landscape Design Heimberger Hirsch S 17,820 IWA 3,795 I[F RECEIVED i; FEB 3 I FNV L wr,e 0 0 Mr. Steve Badum City of Newport Beach January 28, 1993 Page 2 Reimbursables Reproduction 216 Computer 480 Mileage /Delivery 40 TOTAL $ 56,145 The above amounts for Heimberger Hirsch & Associates, Austin -Foust Associates, and W. Koo & Associates include the markup as indicated on our rate schedule. Proposals including the fee estimates from our two subconsultants are attached for your review. If you have any questions, please call. Sincerely, IWA Engineers Marie Marston, P.E. Manager of Transportation Enclosures cc: Jerry Wood 0 PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE IMPROVEMENTS CONCEPT STUDY, PHASE 2 SCOPE OF WORK A. INTRODUCTION This scope covers the next segment of work (Phase 2) for the conceptual development of improvements for the Pacific Coast Highway /Newport Boulevard interchange. Phase 1, the preparation of base maps, was performed last year. As was Phase 1, the work tasks outlined in Phase 2 will be based on our original scope of work as outlined in our December 6, 1991 proposal, our January 24, 1992 letter, and the landscaping work outlined in our March 25, 1992 transmittal. Phase 2 will include the following tasks: 1. Traffic Study - The collection of existing traffic data and the development of future traffic data forecasts. 2. Alignment Study - The development of conceptual plans (using the base maps prepared in Phase 1) for various interchange improvement scenarios. 3. Landscape Design - The preparation of landscaping plans for the interchange, which includes areas 1 through 5, as noted on the City's fax dated January 26, 1993. The following sections will further describe the scope of work. B. TRAFFIC STUDY Austin -Foust Associates (AFA) will prepare the traffic study in coordination with IWA Engineers and the City. A copy of the AFA proposal is attached. Basically, the traffic study will consist of a review of existing data and the preparation of traffic data forecasts for post -2010. AFA will use the Newport Beach Traffic Model (NBTAM) as a basis of future forecasts. The forecasts will be used as in the preparation of the alignment study. 1 0 0 C. ALIGNMENT STUDY 1. General An important aspect of the project is consideration for conformance with Caltrans standards as both the routes are within their jurisdiction and the improvements and processing will ultimately follow their guidelines. While this Phase 2 portion of the study will not be submitted or reviewed with Caltrans staff, it will be prepared in a format facilitating an easy conversion and future submittal to them in the Project Study Report Concept Plan format. The preliminary designs will be in accordance with the Standard Specifications for Public Works (1991 edition), the City of Newport Beach Standard Special Provisions and Standard Drawings (1991 edition), the Caltrans Standard Specifications and Drawings (1992 edition), and the most recent Caltrans Highway Design Manual, as applicable. A Project Study Report will not be prepared during this Phase 2. This Phase will also not include detailed structure analysis involving the preparation of Advanced Planning Studies. Other requirements necessary for the future PSR such as a Preliminary Environmental Evaluation, an Initial Site Assessment for hazardous materials, and traffic management plans will not be included in this Phase. 2. Collect Existing Information As an initial task of the project, we will perform a field review, take site photographs and a videotape, and collect additional existing as- builts including roadway, structures, utilities, drainage, striping, right -of -way, etc. This information will be used to further identify the existing conditions and to augment the base map. The base map will be updated with this information. 3. Concept Plans The alignment study will involve an initial "brainstorming" session with IWA and the City to identify potential general improvement concepts considering improvements to the existing configuration (retrofit scenario) or other possible interchange configurations (reconstruction scenario). This session will examine general ramp configurations, movements to accommodate or, if feasible, eliminate, while considering vehicles, bicyclists, and pedestrians. From this session, the City and IWA will agree on which improvement alternatives will be further examined. It is probably most advantageous to hold this meeting following the development of the traffic numbers such that a preliminary review of those numbers can be made. As a beginning to the brainstorming session, we will discuss the City's concept of widening Newport Boulevard from Hospital Road to Via Lido and of widening PCH from Balboa Coves /Hoag Hospital to Riverside Avenue each to six lanes. As discussed with the City, the flyover alternative from southbound Newport Boulevard to eastbound PCH will not be among the studied alternatives. During the alternative alignment study, we will examine the traffic numbers to determine the needed capacities of the roadway facilities. The overall analysis will study roadway width, capacity, number of lanes, various ramp alignments, ramp terminus treatment, ramp length, basic identification of bridge improvements, bicycle facilities, pedestrian facilities, and an initial look at utility and storm drain impacts or needed modifications. Following the brainstorming session, we will prepare conceptual plans for the selected alternative improvement scenarios. During this task, we will test the geometric feasibility of the various alternatives. We anticipate studying a maximum of three interchange alternatives. We will develop the horizontal alignment for each alternative in sufficient detail to determine each of the alternatives' feasibility. Profiles and superelevation diagrams will be prepared only as necessary to delineate the improvement. If an improvement does not prove workable, we will eliminate it from further analysis. If the alternative does appear workable, we will continue with its development by determining the traffic benefits, cost estimates, right -of -way analysis and costs, if necessary, minimal structure analysis, and minimal traffic staging analysis. On a limited basis, IWA will consult with W. Koo & Associates to determine basic structure feasibility options. During this task we will meet with the City staff as needed to present the analysis and determine the feasibility with respect to local concerns and impacts. If determined feasible, concept plans will be developed using the computer generated base maps at a scale of 1 " =50'. These plans will be suitable for future submittal to Caltrans with a Project Study Report. If additional right -of -way is needed for the feasible alternatives, the preliminary outline will be shown on the concept plans. Legal descriptions and right -of -way maps are not included in this scope of work. The plans will include basic roadway horizontal alignment, profiles and superelevation diagrams only if necessary for clarification, dimensions, right -of -way limits, structure limits, and modifications needed to major utility /storm drain facilities. 4. Drainage and Utility Study During the preparation of the concept plans, we will likely notice various impacts to the existing drainage and utility facilities. At this time, we will only preliminarily examine what these impacts are and will not determine preliminary solutions or estimate the cost of the solutions. This task will be minimal during this concept phase of work. Impacts to the various facilities will be determined based on information contained on existing as- builts and as noted in the field. A contingency will be added to the preliminary cost estimates to cover the cost of these potential impacts and resulting modifications. Potholes will not be taken. A hydrology study and drainage calculations will not be prepared. 3 5. Cost Estimates a Following the preparation of concept plans for the feasible alternatives, preliminary cost estimates will be prepared including all major aspects of the work. The cost estimates will include construction contingency, engineering contingency, and mobilization. The cost estimates will be prepared using Caltrans procedures during a Project Study Report. D. LANDSCAPE DESIGN Heimberger Hirsch & Associates will prepare the landscape design plans in coordination with IWA Engineers, the City of Newport Beach, and Caltrans District 12. A copy of the Heimberger Hirsch proposal is attached. The drawings and specifications will be prepared for the areas outlined on the schematic map shown in the Heimberger Hirsch proposal originally faxed from the City on January 25, 1993. The general scope of landscape work includes the performance of a site investigation /inventory of existing plant material, the development of preliminary conceptual landscape plans within the proposed project boundaries, approval of the conceptual plans by the City and Caltrans, the preparation of final plans and specifications, and coordination with the City and Caltrans for approval of the final working drawings making the necessary revisions. All of the work will be coordinated with the City of Newport Beach and with Caltrans. Heimberger Hirsch will be responsible for the necessary processing, approvals, and permit application through the City and Caltrans. It is anticipated the landscaping construction contract will be an encroachment permit project through Caltrans (less than $300,000 construction cost estimate) and will, therefore, require submittal and approval by their permit department. It should be decided at the beginning of the project whether the landscape design should be prepared in the City's or Caltrans' plan and specification format. Being a permit project through Caltrans, they will likely accept the package in either format. IWA will need to revise the base maps to a scale of 1 " = 20' for the landscape design. 4 IWA ENGINEERS MANHOUR ESTIMATE Clnt: city of Newport Beach Project No. Proj: PCH7Newport Blvd. Phase 2 Date Class Position /Name A B C D E F G MnHrs A B Princi al Pro 14 ect Manager 79 C D Sr Engineer Engineer /Sr Design 0 160 E Jr Engr /Designer 144 F Drafter 0 G Tech Assistant 0 Summary Totals 397 1 Function Descript A B C D E F G MnHrs Traffic • Study Coordination 1 6 0 4 0 0 0 11 • Prel. Findings 2 8 0 8 0 0 0 18 Alignment Study • Collect Ex. Info 0 4 0 0 16 0 0 20 • Alt 1 - Concept Pla 1 10 0 32 32 0 0 75 • Alt 2 - Concept Pla 1 10 0 32 32 0 0 75 • Alt 3 - Concept Pla 1 10 0 32 32 0 0 75 • Meetings 2 10 0 8 0 0 0 20 • Drainage /Utility St 0 0 0 0 0 0 0 0 • Cost Estimates 2 8 0 24 16 0 0 50 Landscape Design • • Coordination City /CT Approvals 2 2 8 4 0 0 16 4 0 0 0 0 0 0 26 10 • Prepare 2D Scale Ma 0 1 0 0 16 0 0 17 > 0 0 0 0 0 0 0 0 > 0 0 0 0 0 0 0 0 • ft IWA ENGINEERS RATE SCHEDULE Professional Services Hourly Rate Principal 125 Senior Engineer II 100 Senior Engineer 1 85 Engineer /Senior Designer 75 Junior Engineer 65 Designer 60 CADD Technician 55 Technician/Word Processor 45 Survey Services Two -Man Survey Crew 135 Three -Man Survey Crew 160 Reimbursable Expenses Reproduction Cost + 10% Consultant Services Cost + 10% Automobile Transportation 0.30 /mile Commercial Travel & Subsistence Cost Agency Fees (Plan Check, Permits, etc) Cost Outside Computer Services Cost + 10% Computer Plots - Bond $5 ea Vellum $7 ea (Rates subject to revision after 1/1 /94)