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HomeMy WebLinkAboutC-3026(C) - Development of San Diego Creek North, Civil EngineeringAMENDMENT NO. 2 TO CONSULTANT AGREEMENT CIVIL ENGINEERING SERVICES SAN DIEGO CREEK NORTH THIS AMENDMENT NO. 2 TO AGREEMENT, made and entered into this & day of L'-n I U1 I 1 11997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY'), and the firm of ASL Consulting Engineers, whose address is One Jenner Street, Suite 200, Irvine, CA 92718, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On February 14, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT', and on February 26, 1996, AMENDMENT NO. 1 to AGREEMENT was approved by the CITY. B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in Section 2 of the AGREEMENT and in AMENDMENT NO. 1, CONSULTANT agrees to perform the following services: a. Revise legal descriptions and exhibits as requested by the CITY to accompany three separate grant deeds: 9 1. Transportation Corridor Agency (TCA) to the CITY 2. The Irvine Company to the CITY 3. CITY to Fletcher Jones Motorcars (FJM) These revisions were necessitated in order to conform to the legal description prepared by Caltrans staff in Caltrans grant deed to CITY, for a parcel which was later included in the grant deed by CITY to FJM. b. Prepare additional legal descriptions and exhibits for the reservation by the CITY of a bicycle and pedestrian trail easement, and for the reservation of an easement for Southern California Edison. These reservations were included in the grant deed from the CITY to FJM and the lease agreement between the CITY and FJM for the TCA flyover parcel. C. Prepare a legal description and exhibit fro the reservation of a street and highway easement for Jamboree Road adjacent to the FJM site. This reservation was included in the lease agreement. d. Prepare two legal descriptions and exhibits for Bayview Way: One to accompany a grant deed from The Irvine Company to TCA; and one to describe a portion of The Irvine Company grant deed from TCA to the CITY. 2. Delete from the original scope of services the following items: a. parcel map b. domestic water plan for the CITY 3. The maximum set forth in Section 3 of the Agreement and Amendment No. 1 to cover services described in said Agreement and Amendment is $112,310. That amount is increased by $5,000 to cover services described herein for a new total of $117,310. 0 0 4. CONSULTANT shall be compensated in accordance with this Amendment and the terms and provisions of the original Agreement. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NO 1 shall remain the same and shall be in full force and effect. IN WITNESS, WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 to AGREEMENT on the date first above written. APPROVED AS TO FORM: i City Attorney ATTEST. City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: dIWMANAGAR ENGINE -1 BY:f ASL CONSULTING ENGI 0 ASL Consulting Engineers One Jenner Street Suite 200 Irvine, California 92718 Via FAX & Mail: 714/727 -7099 Fax 714/727 7097 714/673 -6899 January 2, 1997 Mr. Emmet Berkery, P.E. Civil Engineer & Project Management Consultant 3345 Newport Boulevard Newport Beach, CA 92663 REFERENCE: Consultant Contract with City of Newport Beach P.O. #15044 - Bayview Extension Dear Emmet: In accordance with your recent request, the following is a reconciliation of our second amendment with the credit issued with invoice #R23689 (copy attached). As you will recall, ASL requested an amendment for additional services in the amount of $11,945. Concurrent with your approval, you brought to my attention several items on our original contract which were billed in excess relative to the services we had performed. You and I agreed, therefore, to a credit of $6,945 on invoice #R23689. Summarizing our understanding: Original Contract Amount ............................ $94,000 Credit for Deleted Items (Invoice #R23689) ............... ($6,945) Amendment Number 1 .............................. $18,310 Amendment Number 2 .............................. $11,945 Revised Contract Total ...................... $117,310 I trust this will clarify the status of the contract as we understand it. J. . Kapp, P.E. Director of Devel pment JPK/gdn JA06061053iLTR 13. JPK Attachment Pasadena / Irvine / Palm Springs / Camarillo / San Diego / San Bernardino / Phoenix / Payson A 113 AMENDMENT NO. 1 TO CONSULTANT AGREEMENT CIVIL ENGINEERING SERVICES SAN DIEGO CREEK NORTH THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of 401 d 0� 6L. ,1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY "), and the firm of ASL Consulting Engineers, whose address is One Jenner Street, Suite 200, Irvine, CA 92718, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On February 14, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in Section 2 of the AGREEMENT, CONSULTANT agrees to perform the following services: a. Prepare an Encumbrance Map (at a scale of 1"=80') of the area bounded by Jamboree Road, San Diego Creek, old Bristol Street, and old MacArthur Boulevard. The map shall list all the Schedule B exceptions contained in the preliminary title reports, including grant deeds and public easements. b. Provide field survey to determine the true location of the existing Pacific Bell underground transmission duct. The survey became necessary due to the lack of an accurate Pacific Bell record plan. C. Prepare an American Land Title Association (ALTA) map as requested by CITY. The ALTA map shall be based on a field survey by CONSULTANT and a current title report provided by CITY. d. Prepare a separate set of improvement plans for a new domestic water main in Bayview Way to serve the project site. This separate plan became necessary when it was determined domestic water would be provided by Irvine Ranch Water District, instead of the City of Newport Beach. e • e. Prepare exhibits and legal descriptions as requested by CITY to outline to Caltrans staff the methodology used to establish the boundary of the parcel to be purchased by CITY from Caltrans for the Fletcher Jones Motorcars project. Attend meetings with CITY, Caltrans and TCA staff to discuss exhibits and methodology. Prepare additional exhibits and attend additional meetings. 2. The maximum compensation set forth in Section 3 of the Agreement to cover services described in said Agreement is $94,000. That amount is increased by $18,310 to covers services described in Exhibit A to this Amendment No. 1 for a new total of $112,310. 3. CONSULTANT shall be compensated in accordance with this Amendment and the terms and provisions of the original Agreement. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS, WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. APPROVED AS TO FORM: City Xttorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: Ciy nager BY: ASL C NSULTING ENCANOERS EXHIBIT "A" ITEM 0 Encumbrance Map Pacific Bell Survey ALTA Map and Survey IRWD Domestic Water Plan Caltrans Exhibits Total FE $850 $860 $8,000 $5,400 $3,200 $18,310 • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Zttru� z� c TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: March 2, 1995 SUBJECT: Contract No. C- 3026(C) Description of Contract Engineering Services for San Diego Creek North Site (Civil Engineering Services) Effective date of Contract February 14, 1995 - Authorized by Minute Action, approved on February 13, 1995 Contract with ASL Consulting Engineers Address One Jenner Street Suite 200 Irvine. CA 92718 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach CONSULTANT AGREEMENT Engineering Services for San Diego Creek North Site Civil Engineering Services THIS AGREEMENT, entered into this day of ,1995, by and between the CITY OF NEWPORT BEACH, a municipal c poration, (hereinafter referred to as "CITY ") and ASL CONSULTING ENGINEERS, whose address is One Jenner Street, Suite 200, Irvine, CA 92718 (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 The Irvine Company (hereinafter referred to as "TIC ") and Fletcher Jones Motorcars (hereinafter referred to as FJMC) have signed a Memorandum of Understanding (hereinafter referred to as "MOU ") to develop the property known as the San Diego Creek North Site (hereinafter referred to as SDCN) as a relocation site for the FJMC Mercedes Benz automobile dealership currently located elsewhere in the City. C. CITY and FJMC have agreed in the MOU to share costs associated with the development of SDCN, including civil engineering services for site rough grading, roadway improvements, and infrastructure installation. CITY and FJMC have further agreed that CITY shall administer the consultant contract for civil engineering services for SDCN. D. CITY and CONSULTANT now desire to enter into an agreement for engineering services related to the SDCN. 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 14, 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 ,January 19, 1995, attached hereto and identified as Exhibit "A ". Task I Boundary and Topo Task II Preliminary Design Task III Improvement Plans Task IV Legal Descriptions and Parcel Map Task V Coordination and Meetings Task VI Construction Contract Bid Documents Task VII Construction Consultation and Coordination 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 $94,000.00. 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. 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 CONSULTANTS negligent performance of services or work conducted or performed pursuant to this Agreement. 2 0 0 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 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 (with the exception of professional liability and Workman's Compensation insurance). 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 E 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 except for workers' compensation and professional liability. 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. El 41 0 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 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: Emmet Berkery, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: ASL Consulting Engineers One Jenner Street, Suite 200 Irvine, California 92718 Attention: J.P. Kapp (714) 727 -7099 ri 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 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. emu. ATTEST: A CITY CLERK CITY OF NEWPORT BEACH, a municipal corporation BY: 1� MAYOR CONSULTANT BY: CONSULT. 8 0 "EXHIBIT A" • Scope of Services Boundary and Topo With the understanding that the City will provide a current title report with copies of all deeds and exhibits mentioned in the report, ASL will provide the research of City and County records to acquire maps, centerline ties, benchmark information and other related information. It should be restated that ASL has completed a significant part of this work as a part of the work the firm is starting for the Green Acres pipeline project. After completion of the research effort ASL will prepare a base map document from the record information wit all easements, utilities and control information plotted. This base document will be used for preparation of the boundary and aerial control survey including the placement of horizontal and vertical "premarks" for the aerial mapping. ASL will provide four temporary benchmarks (TMB's) for use during the potholing of the water line which traverse the site. It is understood there will be 12 to 15 shots and two move ins for a potholing operation coordinated by the City. ASL will also provide a field topographic survey of the join locations of Bayview Way extension at Jamboree and MacArthur. With the completion of the survey effort the base map will be modified to reflect field measurements and an aerial control map will be provided to the photogrametrist, Robert Lung and Associates for the preparation of 1" = 40', one foot contour topographic maps. All the mapping will be provided in a digital format thus upon completion of the topographic mapping and the boundary mapping all data will be merged into a single base map with all the information requested in the RFP noted. II. Preliminary Design Using the alignment information provided by the City and the junction survey information at Jamboree an MacArthur prepared in work item I ASL will prepare a preliminary design plan and profile of Bayview Way extension from Jamboree to MacArthur at a scale of 1" = 40' and 1 " = 8' for the profile. The plan will include lane configurations for Bayview Way extension, including intersection modification to Jamboree, UN- US /UN -3 ramp and MacArthur /MB -2 ramp. After completion of the plan ASL will prepare a quantity and the estimated costs to construct the full length project improvements. The Preliminary Design Package will consist of: One title sheet with cross sections Two Plan and Profile Sheets One estimate of quantities and costs required for construction of the site. III. Improvements Plans A. Rough Grading It is understood that the City will provide the Geotechnical Report for the site grading and the public works improvements. It is expected that the report will identify clearing recommendations, shrinkage or expansion, subsidence, trench backfill recommendations and estimated paving thickness for the street and site parking areas. Prior to commencing with the preparation of the rough grading plan for the Fletcher Jones site, ASL will meet with the design architect for the project acquire the schematic layout for the site, the desired finished floor elevations and the preliminary precise grading for the parking areas and the access road to the upper areas of the project. It is our understanding that it will be the design architect's obligation (through his civil engineering consultant) to provide the grading and drainage plans for the project to which the rough grading plan will be prepared. After the receipt of the preliminary on -site grading plan a preliminary rough grade plan will be prepared using the base sheet prepared in Work Item 1 to verify a balance (or imbalance) of excavation and embankment and to verify that the proposed grading will not adversely affect the Mesa and MWD water lines. A second meeting with the site architect and City staff will be held to discuss suggested refinements to the on -site grading plan. With the concurrence of the City staff ASL will proceed with the preparation of the rough grading plan for submittal to and approval by the City. The rough grade plans will be prepared in standard City format and incorporating City standard details. The 1" = 40' plans will incorporate the rough grading of the Bayview Way extension and an erosion control plan adequate for processing of an NPDES Runoff Management Plan. The adjacent wetlands mitigation site will be "ghosted" on the plans. The Rough Grade Plans will consist of: Sheet 1. Title Sheet Sheet 2. Rough Grade Plan Sheet 3. Details /Sections Sheet 4. Erosion Control Plan B. Bayview Way Street Improvement Plans After approval of the Preliminary Design of the Bayview Way extension from Jamboree to MacArthur by the City, ASL will commence preparation of the Bayview Way Street Improvement Plans based on the preliminary design at a scale of 1" = 40' plan and 1" = 4' vertical scale for the profile. The reach to be prepared in final design is from Jamboree to approximately 600 feet easterly along the southerly boundary of the Fletcher Jones site. C. Jamboree Road Intersection Modification A 1" = 20' plan of the intersection of Jamboree Road at Bayview Way will be prepared to note the modification to Jamboree required for the easterly join of Bayview Way. The plan will note the limits of cold milling, removal and overlay. D. Jamboree /Bayview Traffic Signal Plan, Striping Plans A signal modification plan will be prepared for the necessary modifications to the existing signal system at Jamboree and Bayview. These plans will provide for the interconnect to future signals. ASL intends also to provide striping plan for Jamboree, Bayview West and Bayview East. E. Jamboree /Bayview Street Light Plan A street light plan will be prepared based upon the Bayview Way extension plans noting electroliers and pull boxes. The streetlights will be noted on the street plans. F. Domestic Water Plan A domestic water plan will be prepared for the limits of the Bayview Way extension (approximately 600 feet) consisting of a 12" main, two fire hydrants, one fire protection stub to the site and two meters and service stubs. G. Cost and Quantity Estimates ASL will prepare two cost and quantity estimates for the Phase I Improvements based on the plans prepared in Items III A. through III F. The first estimate will be based upon the first submittal plans to the City. The second estimate will be based upon the approved improvement plans. The Phase I Improvement Plan Set will consist of the following plans: Sheet 1. Title Sheet Sheet 2. Cross Sections, Details, Location Map Sheet 3. Bayview Way Plan and Profile Station 84 +81.68 to Station 92 +00.00 Sheet 4. Storm Drain Plan and Profile, Catch Basin Profiles Sheet 5. Jamboree /Bayview Way Intersection Modifications 0 0 Sheet 6, 7, Jamboree /Bayview Way Traffic Signal Plan, Striping Plan 8, 9. Sheet 10. Jamboree /Bayview Way Street Light Plan Sheet 11. Bayview Way Domestic Water Plans IV. Right -of -Way and Legal Description Documents and Parcel Map ASL Consulting Engineers will prepare the following Right of Way exhibits and legal descriptions and Parcel Map required for the development and transfer of the property Fletcher Jones, A. Caltrans surplus right -of -way and new easement for 78" storm drain. B. Easement for surface use beneath the future JR 5 ramp. C. Legal Description and plat for the 66kv overhead line realignment. D. Legal Description and plat for PacBell easement adjacent to SR 73. E. Legal Description and plat for the access easement to MWD, MCWD and PacBell through the site. F. Prepare a final parcel map for the merging of adjacent parcels to create one parcel including an easement for bicycle trail adjacent to SR 73. A tentative parcel map will be required as a part of this process. It is intended that a duplicate of the base document for the final map will serve this purpose. This work also includes the setting of the monumentation noted on the approved parcel map. The legal descriptions, plats and parcel map will be based on the boundary survey and analysis prepared in Work Item I. V. Agency Coordination, Meetings and Reproduction Services It is understood that ASL will have an initial budget of 100 hours for meetings and coordination with the following agencies. A. City of Newport Beach B. City of Irvine C. Caltrans D. Transportation Corridor Agency E. Irvine Ranch Water District F. Southern California Edison for 66kv Line Relocation G. Santa Ana Regional Water Quality Board for NPDES Processing a i • H. Agencies with Facilities within the Project: 1. Southern California Edison Company 2. Southern California Gas Company 3. City of Newport Beach 4. Pacific Bell 5. Irvine Ranch Water District 6. City of Irvine 7. Caltrans G. Resource Agencies: 1. Corps of Engineers 2. U.S. Fish and Wildlife Service 3. California Department of Fish and Game 4. California Coastal Commission It is further understood that the initial budget for reprographics and photocopies will be $ 6,000. IV. Construction Bid Documents It is our understanding that ASL will be preparing separate sets of bid documents for the Rough Grading Plans and the Phase I Public Works Improvements. ASL will prepare the bid package and Special Provisions which will supplement the City's standard specification package. VII. Construction Consultants and Coordination It is understood that ASL has budgeted 40 hours for the construction review, Rough Grade review and shop drawing review. This budget will be divided between the Rough Grade operation and the construction of the Phase I Public Works Improvements. ASL will also provide minor design revisions within this budget. T W i Uy Q= W� m0 �Z Y CL W cc ZV LL.0 00 W E � 0z N w w w w LL a • G _ � N CO C •�- Q O m C a m F E L O U b � O O y � y .M Q ti c m v' W o o o Cc m a E .. r4 m -, F v', q U .-1 a A eo � ° o VN O F U y N r cN9 V w A 0o co v v $ o0 Q � � ti OQ K Q e d o 0 d w o 4 Q m N V P V N v 4 h V OUO V1 O v$ W ti W iA a n r C G _ � N CO C •�- Q O m C a m F E L O U °, c m v' W o o o Cc m a E .. r4 m -, F v', q U .-1 ASL Consulting Engineers EXHIBIT "A" 1995 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE tDraftsperson Technician .............. ..............................$ ............. ..............................$ 48.00 60.00 Designer Draftsperson ..... ............................... $ 65.00 Designer /CAD Operator /Engineer I $ 75.00 Engineer II and III ......... . ................ .. $ 80.00 Senior Engineer/ Project Coordinator .......................... $ 88.00 Project Engineer /Senior Project Coordinator .................... $ 98.00 Project Manager/ Managing Engineer ......................... $115.00 Sr. Project Manager /Sr. Managing Engineer .................... $125.00 Principal ...................... ........................$135.00 Senior Construction Inspector .............................. $ 62.00 Construction Inspector ..... ............................... $ 56.00 Word Processor /Administrative Support ....................... $ 45.00 Mapping Coordinator ...... ............................... $ 78.00 Planner................. ..............................$ 88.00 Chief of Surveys ......... ............................... $ 95.00 Two -Man Survey Party ..... ............................... $150.00 Three -Man Survey Party .... ............................... $ 200.00 dN Survey Travel Time (Two -man) .............................. $ 90.00 Survey Travel Time (Three -man) ............................. $110.00 Reproduction, special photography, postage, delivery services, express mail, out-of- area telephone calls, printing and any other services performed by subcontractor, will be billed at cost 15 %. plus Reimbursable In -House Costs: Photo Copies ....... ............................... $ 0.25 /Each Blueprints ......... ............................... $ 0.35 /S.F. Computer Time ..... ............................... $25.00 /Hour Vehicle Mileage, between engineer's office and project site and /or client offices, will be billed at $0.35 per mile. Forensic Engineer .... ............................... $160.00 Court Appearances, Expert Witness Testimony, Depositions, and Preparation for Testimony ................ $250.00* *Minimum $1,000.00 for half day plus expenses. NOTE: All rates are effective to January 1, 1996. There will be a negotiated increase in rates, 5% minimum per year, for contracts extending beyond January 1, 1996. ASL CONSULTING ENGINEERS One Jenner Street, Suite 200, Irvine, California 92718 -FAX TRANSMITTAL COVER SHEET- DATE: JOB #: # OF PAGES TO: TRANSMITTED: l (includes cover sheet) ATTENTION: FAX # SENT TO: C _ C, TIME: FROM: ASL Consulting Engineers NAME: BRIEF FROM FAX #: 714/727- 7097 /Irvine 7 We are using a Canon L. 775. If there are any problems with transmission, please call back as soon as possible at 714/727 -7099. Original to follow [ ) Yes [ ] No Pasadena Camarillo Corporate Irvine 818/683 -0040 805/388 -3082 818/4474625 714/727 -7099 Palm Springs San Bernardino San Diego 619/320 -3580 909/387 -0810 619/673 -5505 F.MP5