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HomeMy WebLinkAboutC-3240 - MacArthur Boulevard Rehabilitation from Jamboree Road to Campus DriveC(_ njgj4S PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 9t' day of November, 1998, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and KFM Engineering, Inc., whose address is 18 Technology, Suite 165, Irvine, California, 92618, (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 City. B. City is planning to implement Improvements to MacArthur Boulevard (`Project'). C. City desires to engage Consultant to provide professional engineering design services for street rehabilitation of MacArthur Boulevard from Jamboree Road to Campus Drive upon the terms and conditions in this agreement. D. The principal member of Consultant for purpose of Project is Rick Kreuzer, P.E., President. -1- E 0 E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 9`" day of November. 1998, and shall terminate on the 301" day of June, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of thirty-seven thousand, two hundred seventy -five Dollars ($37,275.00). -2- 0 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. %I P 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 0 0 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. 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 expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Rick Kreuzer, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel 10 0 0 identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which in 0 performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, -7- 0 0 boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, 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 City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. M 0 i All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($ 1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit 0 0 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. 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. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, 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, or twenty -five percent (25 %) or more of the assets of the -10- 0 0 corporation, partnership or joint venture. 15. OWNERSHIP OF DOCUMENTS 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. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this -11- Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City and the review of field conditions by Consultant. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, City Engineer, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall Qit;•2 • • allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. -13- 0 0 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. 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 third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. SEE L] 0 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Rick Kreuzer, P.E. President KFM Engineering, Inc. 18 Technology, Suite 165 Irvine, CA 92618 (949) 453 -7970 Fax (949) 453 -7971 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting -15- 0 0 party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party 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. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. -16- 0 0 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters -17- 0 patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Ro in Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk \\mis_t \sys\ users \pbw\shared\agmt\99\kfinengr.doc sm CITY OF NEWPORT BEACH A Municipal Corporation By: Th as . Edwards, Mayor City of Newport Beach CONSULTANT KFM ENGINEERING, INC. By: � Rick Kreuzer, . . President • ffiIBIT "A" • 1.0 PROJECT OVERVIEW The City of Newport Beach is proposing to rehabilitate MacArthur Boulevard from Jamboree Road to Campus Drive, an approximate distance of 1 mile. MacArthur Boulevard is a six lane roadway. Painted median exists along a majority of the project reach with some raised median at the southerly end of the project limits. The existing pavement along this section of MacArthur Boulevard is in fair condition. There are some localized areas exhibiting signs of distress in the form of rutting and alligator cracking. The object of this project is to complete a thorough pavement analysis to determine the optimum improvement strategy for the roadway and then prepare final plans, specifications and estimates for construction. A key aspect of this project will be the consultant teams ability to implement an improvement strategy which not only achieves the design -life objective for the roadway, but also takes into consideration the budget for the project. As stated in the RFP, this project is budgeted at $630,000 for design and construction. This figure will be considered when KFM/Labelle Marvin are developing the various roadway improvement strategies for MacArthur Boulevard. Based upon KFM's thorough site review, the following represent what we believe will be the key design issues to be addressed on the project. • Proper construction joins to the northerly and southerly limits of the project. • Vehicular mrideability" on the finished product. All joins and transverse grade breaks will be done at lane lines to eliminate longitudinal irregularities in the pavement. Particular attention will be paid to the rideability through the major intersections. As discussed in our scope of work herein, KFM is proposing to complete intersection grid plans at the major intersections to ensure optimum rideability through the intersections is achieved. ♦ Traffic control considerations need to be considered when proposing pavement altematives. For instance, deeplift A.C. sections should be considered in reconstruction areas in lieu of AC /AB sections to expedite construction and minimize lane closure durations. 0 0 • Close coordination with City staff will be stressed to develop the pavement rehabilitation/reconstruction strategy once pavement deflection results are available. KFM/Labelle Marvin will provide City staff with various improvement alternatives and discuss their relative cost effectiveness, impact on local traffic, and expected design life. 2.0 SCOPE OF WORK Task 1 - Data Collection KFM shall collect and review all record information including, but not necessarily limited to, the following: • As -built drawings • Utility record drawings • Right -of -way record maps • Assessors parcel maps • Benchmark information • Pertinent in- progress drawings, if any • Centerline intersection ties Task 2 - Field Survey Field survey work shall consist of the following subtasks: a) grid surveys at the major intersections. Elevations will be taken at 10 foot intervals at MacArthur /Campus, MacArthur/Birch and MacArthurNon Karman intersections. The MacArthur /Jamboree intersection was recently improved and will not require any improvement as part of this project. b) survey cross sections will be taken at 500 intervals. Additional sections will be taken if trouble spots (i.e., low points, irregular cross falls, etc.) are encountered. Task 3 - Base Mapping KFM shall prepare project base maps using existing as -built drawings collected from the City of Newport Beach and Caltrans. Field reviews will be conducted, as necessary, to ensure accuracy. 0 Task 4 - Geotechnlcal Investigation 0 Based upon a visual review of the existing roadway and discussions with City staff, the project will require a thin overlay (I1/ to 2 inches) and localized reconstruction. In order to establish the proper replacement section for the dig -out areas, Labelle Marvin (LM) will conduct a geotechnical analysis consisting of the following subtasks: • Prior to initiation of field activities, sample locations will be marked and Underground Service Alert contacted to notify concerned utilities. Sample locations which may interfere with buried lines or pipes will be relocated. • Coring and/or boring will be performed at six to eight (6 -8) separate locations, identified as areas of removal/replacement by KFM Engineering to determine the thickness of the existing structural section. Borings will be extended a maximum depth of four (4') feet from the surface to obtain samples of the subgrade. Samples will be placed in plastic bags, sealed, and transported to our laboratory for further analysis. Prior to leaving the site, all sample locations will be backfilled and patched. • Upon receipt in the laboratory, samples will be visually classified and the in -situ moisture content of each determined. Individual and /or composite samples which represent the materials encountered will be selected and subsequent to R -value determination for use in alternate structural section replacement design. • A Registered Civil Engineer shall supervise all activities, review results of testing and prepare a report of his findings, presenting recommendations for alternate methods of rehabilitation and /or reconstruction for specific areas identified by the Client as required. Task 5 - Utility Coordination Utility coordination will be ongoing throughout the duration of the project and will generally consist of the following tasks: • Obtain plans showing location and size of all utility lines and appurtenances within the project area. Plot utility lines on base maps (Task 3). • Cross check plotted locations above with field review information to insure that existing lines are shown in the proper location. • Upon finalizing the proposed roadway improvements, determine where potential utility conflicts exist and where utility modifications are warranted. • 0 • Coordinate with affected utility companies regarding conflicts, relocations and improvements. Two (2) full sets of plans will be submitted for comment to each utility agency concurrent with all KFM submittals to the City for plan check. Task 6 - Final PS & E This task involves the completion of construction bid documents in the form of final plans, specifications and estimates (PS & E). We envision the following plan set will be developed: DESCRIPTION # OF SHEETS `Title Sheet ........... ............................... 1 ' Typical Sections and Details ............................ 1 ' Roadway Plans ....... ............................... 3 ' Intersection Plans ..... ............................... 3 'Cross Sections ....... ............................... 2 TOTAL ............................. 10 Sheets Roadway plan sheets will be prepared at 1 " =40' in double plan format. All reconstruction areas will be depicted. All underground utility lines and at -grade appurtenances will be shown. Intersection plans will be completed at a scale of 1 " =20' for the MacArthur /Campus, MacArthur /Birch and MacArthurNon Karman intersections. Existing and proposed elevations will be shown on a 10 foot grid. Cross sections will be plotted at 500 foot intervals at 1 " =10' horizontal, 1" =1' vertical scale. Existing and proposed elevations and cross falls will be shown. Traffic Control plans are not included in the scope of work. We suggest that the City request the Contractor to submit traffic control plans prior to construction in conformance with the requirements (i.e., lane requirements, access, etc.) which KFM will summarize in detail in the project specifications. NOTE: The City may elect to bid the project with an alternate for Asphalt Rubber Hot Mix (ARHM). Inclusion of this bid alternate into the final PS &E is included in our scope of work. 4 0 Specifications will be prepared in conformance with the City of Newport Beach's desired format. Quantities and cost estimates shall be completed. This task will also include the preparation of all permit applications required for the project. All permit fees will be the responsibility of the City of Newport Beach. In conformance with the Request for Proposal, project submittals will be made at the 70 %, 100 %, and final approval stages of the project Final mylars and specification originals will be provided to the City upon project approval. Task 7 - Project Coordination and Meetings KFM shall provide all necessary coordination activities and attend all project related meetings for the duration of the project. Task 8 - Bidding and Construction Services KFM shall assist the City during the bidding and construction periods by preparing necessary addenda and clarifying plan and specification items, as required. Task 9 - As -Built Drawings Upon completion of construction, KFM shall complete as -built drawings based upon information provided by the City. Task 10 - Reimbursables KFM shall provide all reimbursables (mileage, printing, etc.) for the duration of the project, excluding the reproduction of project bid sets which will be the responsibility of the City. 3.0 PROJECT SCHEDULE This project schedule is depicted graphically on Exhibit A on the following page. This schedule has been developed based upon the stated agency review duration of one (1) week each for the 70% and 100% PS & E submittals. As depicted on the enclosed schedule, KFM shall complete the subject project within 11 weeks of receiving the Notice to Proceed on the project from the City of Newport Beach. ro t x w 17 V m s N r m �o L a N N Z w 2 w _> Q wa a. mg �o 3:> w w Z —j LL Om v� Q Q 8880= �OBBOBB� r i p 8880= �OBBOBB� u e r, c . T 61 C X00 C 1 , i p o 3 y m acf6iwo >Qu0 >as 2 :1 '- E c 0�; E c m w ._ ca Zaiim0Ein¢WU3¢cra u e r, c . T 61 C X00 C 1 , i 0 0 4.0 PROJECT TEAM KFM Engineering, Inc. has assembled a Project Team which is knowledgeable and experienced in all aspects of the subject project. The Project Team structure is illustrated on Exhibit B herein. Personal resumes of the key team members identified are enclosed in the Appendix of this proposal. The Project Manager for the project will be Mr. Rick Kreuzer, P.E. Mr. Kreuzer is a Registered Civil Engineer in California with 16 years of civil engineering experience, including three years with the Orange County Environmental Management Agency as a construction inspector, one year as a Project Engineer for a major Orange County contractor and the last ten years as a consultant As the Project Manager, Mr. Kreuzer will have overall technical responsibility for the project and will be the client's primary contact. He will also have hands -orr involvement in the day to day design of the project. His experience is well suited to this project, as summarized below: • 12+ years as a consultant with an emphasis in public works design. • Numerous roadway widening/reconstruction, storm drain, sewer and water projects completed for various cities in Orange County over the past ten years. • Extensive experience coordinating with utility companies. • 3 years with OCEMA as field inspector on public works project. He has a strong understanding of the construction elements to be considered on a project of this type. U CITY OF NEWPORT BEACH RICK KREUZER, P.E. Project Manager 0 ` LABELLE MARVIN I JEFF LUND TED KRULL, L.S. Ceotechnical Project Engineer Field Survey Investigation •DENOTES SUBCONSULTANT EXHIBIT B PROJECT TEAM CHART 0 Recent street improvement project similar in nature to the subject project which Mr. Kreuzer has managed include: Project Client Construction Cost Tustin Avenue Orange $2,000,000 Yorba Linda Boulevard Placentia $1,400,000 Katella Avenue Anaheim $18,000,000 Imperial Highway La Habra $30,000,000 Lincoln Avenue Anaheim $800,000 University Drive Irvine $600,000 Lake Forest Drive OCEMA $3,000,000 Beach Boulevard Huntington Beach $1,100,000 Avenida Pico San Clemente $400,000 Marguerite Parkway Mission Viejo $700,000 Pacific Coast Highway Newport Beach $5,000,000 Annual Resurfacing Program 94 -95 Dana Point $500,000 Annual Resurfacing Program 95 -96 Dana Point $600,000 Annual Resurfacing Program 94 -95 San Juan Capistrano $600,000 Detailed descriptions of these projects and others are included in Section 5.0 of this proposal. Mr. Kreuzer will be assisted by Jeff Lund who will be responsible for the day to day technical design and plan production on the project. Mr. Lund =s main area of expertise is in the design of streetwidening and rehabilitation projects. He was the Project Engineer for the Lincoln Avenue, University Drive, Beach Boulevard, Marguerite Parkway and Annual Resurfacing projects listed above. LaBelle Marvin (LM) will complete the pavement deflection study /materials report for the project. KFM staff have worked extensively with LM on previous rehabilitation design projects. Arrowhead Mapping of Riverside will provide the aerial mapping for the project. They also have worked extensively with KFM on past projects. -7a 0 L The time commitments of the project team members, as a percentage of the total project manhour requirement, are summarized as follows: Project Manager .... ............................... 17% Rick Kreuzer Project Engineer .... ............................... 25% Jeff Lund CADD Drafter ...... ............................... 35% Labelle Marvin ...... ............................. 17% Geotechnical Investigation Field Survey Crew .... ............................... 6% TOTAL ............................ 100% 5.0 RELEVANT EXPERIENCE The following represents a summary of the most recent street improvement projects completed or underway by the KFM team proposed for this project. We strongly encourage you to contact the listed references regarding our performance. Project: Tustin Avenue Rehabilitation Client: City of Orange Contact: Mr. Jerry Bailey (714) 744-5531 Construction Cost: $2,000,000 KFM is currently preparing final plans, specifications and estimates for the rehabilitation of Tustin Avenue from Fairhaven Street to Collins Avenue, a total distance of 3 miles. This project is divided into 2 separate bid packages and is being funded under the AHRP program. Project: Yorba Linda Boulevard Rehabilitation Client: City of Placentia Contact: Mr. Chris Becker (714) 993 -8245 Construction Cost: $1,400,000 KFM is currently preparing final plans, specifications and estimates for the rehabilitation of Yorba Linda Boulevard from Kraemer Boulevard to Jefferson Street, a distance of 1.5 miles. 8 0 0 Project: Imperial Highway Smart Street Improvements Limits: Los Angeles County Line to Rose Drive Client: City of La Habra Contact: Mr. Majdi Ataya (562) 905 -9720 Construction Cost: $30,000,000 KFM staff are currently completing the preparation of final PS &E documents for an eight mile stretch of Imperial Highway in the Cities of La Habra, Fullerton, Brea, Placentia and Yorba Linda. The project includes geometric design, storm drain improvements, traffic signal modifications, intersection widening, sound - wail /retaining wall design, utility relocation and hazardous waste/lead contamination remediation. This project also includes dose coordination with Caltrans District 12 Right -of -Way for the numerous right -of -way acquisitions on the project. The plans are being produced in metric. Project: Katella Avenue Smart Street Improvements Limits: I-5 to Walnut Avenue Client: City of Anaheim Contact: Mr. Ralph Harp (714) 765 -5175 Construction Cost: $18,000,000 KFM staff completed the preparation of the final design for the widening of 3 miles of Katella Avenue from Interstate 5 to Ninth Street in the vicinity of Disneyland in the City of Anaheim. This project includes the design of street, storm drain, sewer, water, landscaping and traffic signal improvements. Right -of -way acquisition documents in the form of legal description and plats were prepared by KFM staff for approximately 200 partial takes of e:asting parcels. Project: 15th Street Improvements Limits: Old Newport Boulevard to Irvine Avenue Client: City of Costa Mesa/City of Newport Beach Contact: Mr. Maher Nawar (714) 754 -5248 Mr. Lloyd Dalton (714) 644 -3311 Construction Cost: $660,000 KFM staff completed drainage study and prepared final plans, specifications and estimate for the construction of mainline storm drain and pavement rehabilitation of 15th Street from Old Newport Boulevard to Irvine Avenue, a distance of approximately 4,200 feet. -'- I 0 Project: Lincoln Avenue Improvements Limits: Beach Boulevard to Western Avenue Client: City of Anaheim Contact: Mr. Richard Garcia (714) 765-4433 Construction Cost: $800,000 Completed a drainage study and prepared final plans, specifications and estimate for the construction of mainline storm drain and pavement rehabilitation of Lincoln Avenue from Beach Boulevard to Western Avenue, a distance of approximately 2,800 feet. This project was processed for federal ISTEA funds. Project: University Drive Rehabilitation Limits: 600" E/O Campus Drive to MacArthur Blvd. Client: City of Irvine Contact: Mr. Mark Carroll (949) 724 -6410 Construction Cost: $600,000 Prepared final plans, specifications and estimate for the rehabilitation of University Drive from 600 feet east of Campus Drive to the west city limits (7,000 I.f.). The project included the application of an Asphalt Rubber Hot Mix (ARHM) along with a Stress Absorpting Membrane Inner Layer (SAMI) product over the existing pavement surface. Project: Beach Boulevard Rehabilitation Limits: Pacific Coast Highway to Ellis Avenue Client: City of Huntington Beach Contact: Mr. Doug Kato (714) 536-5431 Construction Cost: $1,100,000 Designed and prepared plans for 3 miles of roadway rehabilitation improvements on Beach Boulevard from Ellis Avenue to the Pacific Coast Highway, a distance of 3 miles. The project included removal and replacement of distressed roadway sections and capping the entire roadway with an A.C. overlay. Project: Marguerite Pkwy. Pavement Rehabilitation Limits: Via Escolar to Crown Valley Parkway Client: City of Mission Viejo Contact: Mr. Loren Anderson (714) 582 -2489 Construction Cost: $700,000 Designed and prepared plans, specifications and estimates for pavement rehabilitation on Marguerite Pkwy. from Via Escolar to Crown Valley Parkway, a distance of 2 miles. The project included replacement of failed sections, a 0.15 foot rubberized AC overlay, restriping and preparation of traffic control schemes for the four lane arterial highway. 10 77 0 0 Project: Avenida Pico Rehabilitation / Los Molinos Storm Drain Limits: 1-405 to Los Molinos Drive Client: City of San Clemente Contact: Mr. Ben Parker (714) 498 -2533 Construction Cost: $400,000 Designed and prepared plans, specifications and estimates for storm drain improvements at Avenida Pico and Los Molinos to eliminate existing cross gutters and generally improve drainage at the intersection. The project involved a hydrology study, identification of catch basin locations, design of a storm drain system including connection to an ebsfing Orange County Flood Control District Channel, and rehabilitation and regrading of the existing streets with an A.C. pavement overlay. Project: Lake Forest Intersections Limits: 1-5 to Trabuco Road Client: Orange County Environmental Management Agency Contact: Mr. Grant Anderson (714) 834 -5034 Construction Cost: $3,000,000 Prepared final plans, specifications and estimates and right -of -way documents for the widening of four (4) intersections on Lake Forest Boulevard in south Orange County. The plan set included roadway plan and profile, storm drain plan and profile, five traffic signal modification plans and various detail and typical section sheets. Project: 1994 -95 Roadway Rehabilitation Projects Limits: Miscellaneous locations Client: City of San Juan Capistrano Contact: Mr. Brian Perry (949) 443.6353 Construction Cost: $600,000 KFM staff was retained by the City of San Juan Capistrano to complete the preliminary and final design of four (4) roadway rehabilitation projects, summarized as follows: El Camino Real- Ortega Highway to La Zanja Street (2,100') • Del Obispo - Aguacate to Paseo de la Paz (4,400') • Mission Hills Tract - Local Street Rehabilitation (3,200') • Junipero Serra - Rancho Viejo Road to 1 -5 NIB Ramps (400) I E Appendix Resumes RICK KREUZER, P.E. EDUCATION: AFFILIATION: REGISTRATION: EXPERIENCE: 0 0 KFM ENGINEERING, INC. Bachelor of Science in Civil Engineering University of California, Irvine, CA 1983 Certificate Program in Construction Management, American Society of Civil Engineers, 1987 American Society of Civil Engineers Institute of Transportation Engineers Registered Civil Engineer (California) Project Management assignments have included: • Project Manager for the rehabilitation of Tustin Avenue from Fairhaven Street to Collins Avenue in the City of Orange. This project is funded by the AHRP program. • Project Manager for the rehabilitation of Yorba Linda Boulevard from Kraemer Boulevard to Linda Vista Drive in the City of Placentia. • Precise alignment, final design and right -of -way engineering for the widening of Katella Avenue in the City of Anaheim, including roadway, storm drain, sewer, water and traffic signal improvements. • Precise alignment and final design for the Imperial Highway Smart Street Improvements form the Los Angeles County Line to Rose Drive, a distance of 8.5 miles. This project traversed through the Cities of La Habra, Fullerton, Placentia, Brea and Yorba Linda. • Project Manager for the Annual Roadway Resurfacing Project (Fiscal Year 1994 -95) in the City of Dana Point. • Project Manager for the University Drive Rehabilitation project in the City of Irvine. This project was constructed using AHFP funds. • Project Manager for the rehabilitation/reconstruction of Beach Boulevard from Pacific Coast Highway to Ellis Avenue (3 miles) for the City of Huntington Beach. • Project Manager for the rehabilitation of Marguerite Parkway from Crown Valley Parkway to Via Escolar (2 miles) in the City of Mission Viejo. I-- RICK KREUZER, P.E. 0 KFM ENGINEERING, INC. • Project Manager for the rehabilitation of Marguerite Parkway from Alicia Parkway to Santa Margarita Parkway (2 miles) in the City of Mission Viejo. • Project Manager for the rehabilitation of Avenida Pico /Calle de los Molinos in the City of San Clemente. • Technical Advisor for the pavement analysis of all primary and secondary highways and the development of a maintenance program for the City of Mexicali, State of Baja, Mexico. • Project Manager for review of OCUTT and FAU funding applications for street reconstruction /rehabilitation projects in Orange County for OCTC. Duties included review of preliminary plans for construction feasibility, review of quantities, cost estimates, etc. • Project Manager for the pavement rehabilitation and storm drain improvements on 15th Street in the City of Costa Mesa. • Project Manager for six roadway rehabilitation /reconstruction projects in the City of Irvine. • Project Manager for four roadway rehabilitation/reconstruction projects in the City of San Juan Capistrano. • Project Manager for the widening and pavement reconstruction of Gale Avenue in the City of Industry. • Project Manager for the rehabilitation of Lincoln Avenue in the City of Anaheim. • Project Engineer for a four mile widening and reconstruction of Pacific Coast Highway in Newport Beach. Responsibilities included design of highway geometries, channelization, drainage, sound wall, mechanically stabilized embankment wall, 30 inch water line, street lighting, and right of way documents. This was a FAU project under review by Caltrans, with an estimated construction cost of $7,500,000. Project Engineer for the preparation of plans, specifications and estimates for the construction of Main Street roadway improvements through the Village of Westpark in Irvine. This project included the design of approximately 6000 feet of arterial highway improvements, as well as the design of a reinforced concrete box drainage facility adjacent to the proposed roadway. 0 0 RICK KREUZER, P.E. KFM ENGINEERING, INC. • Project Engineer for street reconstruction /rehabilitation project on Main Street in the City of Santa Ana. • Senior plan checker for street, storm drain, water and sewer improvement plans for the Village of Westpark in the City of Irvine. Plan check also involved review of hydrology and hydraulics for the development. • Plan check of development plans for the City of Camarillo on an as- needed basis. Required review of street, storm drain, sewer and water improvement plans as well as detailed checks of parcel and tract maps. • Design Engineer for the overlay of 4,000 lineal feet of roadway (Park Place) in the City of Laguna Beach. • Project Engineer for the alignment study and final design of three miles of new arterial highway in Canyon Country for the County of Los Angeles. • Project Manager responsible for the preparation of plans, specifications, and estimates for approximately 6000 lineal feet of street, storm drain, sewer and water improvement plans in the City of San Marcos. This project also included hydrological mapping of a drainage area approximately 500 acres in size. • Conceptual planning and design for a one mile widening of MacArthur Boulevard in the vicinity of San Joaquin Hills Road in Newport Beach. The project plans were reviewed and approved by Caltrans District 7 and the project was constructed in 1987. • Design of street improvements for Jamboree Road from Pacific Coast Highway to Backbay Drive in the City of Newport Beach. This project was constructed in 1986 at a cost of $940,000. • Project Engineer for preliminary and final design of Tustin Ranch Road in the City of Tustin, including design of storm drain and soundwall improvements. 0 0 JEFF LUND KFM ENGINEERING, INC. EDUCATION: Civil Engineering, Olympia Tech., Washington -1984 REGISTRATION: NICET Level II, No. 079621, 1994 EXPERIENCE: Jeff Lund is a Project Engineer with KFM Engineering, Inc. He has over 10 years experience in roadway. Past assignments have included: • Design Engineer for the rehabilitation of Tustin Avenue from Fairhaven Street to Collins Avenue in the City of Orange. This project is funded by the AHRP program. • Design Engineer for the rehabilitation of Yorba Linda Boulevard from Kraemer Boulevard to Linda Vista Drive in the City of Placentia. • Design Engineer for the Annual Roadway Resurfacing Project (Fiscal Year 1994 -95) in the City of Dana Point. • Design Engineer for the rehabilitation of Lincoln Avenue in the City of Anaheim. • Design Engineer for the rehabilitation of University Drive in the City or Irvine. • Design Engineer for the rehabilitation of Marguerite Parkway in the City of Mission Viejo. • Design Engineer for the rehabilitation of Lincoln Avenue in the City of Anaheim. • Design Engineer for six roadway rehabilitation projects in the City of Irvine. • Design Engineer for four roadway rehabilitation projects in the City of San Juan Capistrano. • Design Engineer for the project report and PS &E for the upgrading of four major intersections on Lake Forest Drive in Orange County, including right of way engineering and utility coordination. • Design Engineer for the Los Molinos Driye Rehabilitation project in the City of Son Clemente. 0 0 THEODORE M. KRULL - PARTY CHIEF KFM ENGINEERING, INC. Licensed Land Surveyor, State of California; 1976 graduate of the Southern California Surveyors Joint Apprenticeship Committee =s Four -Year Training Program. Certified Survey Party Chief, also certified for hazardous waste operations, in compliance with O.S.H.A. 29 C.F.R. 1910.120. Member California Land Surveyors Association, American Congress of Surveying and Mapping, American Association of Geodetic Surveying and the National Society of Professional Surveyors. Mr. Krull is field operations manager, estimator, office advisor and survey. consultant. A second generation surveyor with 20 years of full time experience, he has supervised numerous projects, including Rancho San Clemente - A 1900 acre, 56 million cubic yard master planned, mixed use community; Wildomar - A 5000 acre G.P.S. /aerial mapping project in Riverside County; Design Survey for widening of approximately six miles of California State Highway 55; and many single family subdivisions. EXHIBIT "B" • KFM • ENGINEERING, INC. October 21, 1998 Mr. Bill Patapoff, P.E. City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RE: Revised Cost Proposal for Preparation of Plans, Specifications and Estimates for the Rehabilitation of MacArthur Boulevard from Jamboree Road to Campus Drive Dear Mr. Patapoff: Our proposed fee to complete the subject project is $37,275. A detailed breakdown of manhours and fees by task are depicted on the fee schedule enclosed herein as Exhibit A. Exhibit B represents KFM's Schedule of Hourly Billing Rates. We trust this information is complete. If you have any questions, or require additional information, please do not hesitate to call. Respectfully submitted, Rick Kreuzer, P.E. President RK/dm Encl. 18 Technology Suite 165 Irvine California 92618 Ph: 949.453.7970 Fax: 949.453.7971 " 0 CITY OF NEWPORT BEACH 14ACART M BLVD. REHABH,ITATION 0 FEE SCHEDULE TASK KFM STAFF LUMP SUM TOTAL ($105) Pad (S75) PE ($65) CADD (135) VEY 1. DATACOLLEC17ON 1 4 4 5665 2. FIELD SURVEY -Grid Surveys 20 S2 d05 -Cross Sections 1 B $1I95 3. BASE MAPPING 4 6 40 $3,620 4. GF-OIECH NICAL INVFSUGATION 1 / $5,440 $6.160 5. UTILITY COORDINATION 4 8 $ SI 6. FINALPSA.E • Title Sheet 1 1 2 4 $515 • Typwd Sections & Denlis 1 2 d 12 $1 90 Roadway Plain 3 16 40 40 S7 W - lotesecUm Plain 3 6 24 20 $3,730 -Cress Secions 2 1 4 6 $925 S 8 $840 .Fefmam 2 6 $810 7. PROJECT COORDINATION/AEETINGS 16 4 $1,9&0 d. BTDDINGR CONSTRUCTION SERVICES d 4 4 $1400 9. AS43UILT DRAWINGS 2 4 8 $1030 10. REIOURSABLES $1.2 00 $1100 TOTAL MANHOURS TOTAL COSTS 77 $8,085 122 $9,150 148 $9,620 26 53,780 $6,640 $37,275 / 11 0 0 KFM SCHEDULE OF HOURLY BILLING RATES Rates Effective through December 31, 1998 OFFICE PERSONNEL: Typists, Word Processors .......................... ..............................$ 30.00/Hr. Technician ............................................ ............................... $ 40.00/Hr. CAD Operator ......................................... ..............................$ 60.00/Hr. Design Engineers ..................................... ..............................$ 65.00/Hr. Project Engineers .................................... ..............................$ 75.00/Hr. Project Managers .................................... ..............................$ 90.00/Hr. Senior Project Managers ...... ............................... ....................$105.00 /Hr. FIELD PERSONNEL: Two -Man Survey Party, including Truck and Equipment .......................... ....................$135.00 /Hr. Three -Man Survey Party, including Truck and Equipment .......................... ....................$170.00 /Hr. SUPPORT & MISCELLANEOUS COSTS: C.A.D.D. Work Station / Plotter .............. ............................... $ 25.00/Hr. Computer time ........................................ ..............................$ 16.00/Hr. Telefax................................................. ............................... $ 2.00/Pg. Electronic Distance Measuring Equipment(E.D.M. ) ....................$55.00 /Day SurveyTrucks ......................................... ..............................$ 0.50/Mile Other Vehicles ......................................... ..............................$ 0.30/Mile Outside services and consultants are billed at direct costs plus 15 %. Blueprints, reproduction, messenger service, subsistence, travel and other expenses are billed at direct cost plus 10 %. Terms are net 30 days with 1 '/x% per month interest charges. The above schedule is for straight time hours. KFM ENGINEERING. INC. w� H� zw �O O� �d �O wJ- �z OQ wd I h� V z� �d �d 0 Z \ O\x J �J FIA GAR THUR 0 November 9, 1998 • CITY COUNCIL AGENDA ITEM NO. 12 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT APPROVED SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR MACARTHUR BOULEVARD REHABILITATION FROM JAMBOREE ROAD TO CAMPUS DRIVE — CONTRACT NO. 3240 RECOMMENDATION: Approve a Professional Services Agreement with KFM Engineering, Inc. of Irvine, California, for professional engineering services for a contract price of $37,275. DISCUSSION: As a part of the City's adopted FY 98 -99 Capital Improvement Program, staff invited six • (6) engineering firms to submit their proposal for providing engineering design services for approximately 1 mile of MacArthur Boulevard from Jamboree Road to Campus Drive. The scope of the professional services include the research of available records, data collection, field survey, geotechnical investigations, utility coordination, development and analysis of roadway rehabilitation strategies, preparation of project plans and specifications, pre- construction coordination and meetings, bidding and construction assistance, and the preparation of as -built plans after construction completion. Five (5) firms responded to our request for proposals. Staff reviewed the firms' qualifications, past experience on similar projects, and availability; and ranked KFM Engineering, Inc. of Irvine as the most highly suitable for the project design work. Upon selection, staff negotiated with KFM to provide the necessary scope of services for a fee of $37,275. KFM has completed engineering services on similar rehabilitation projects for our City and other local agencies in Southern California. SUBJECT: MacArthur Isevard Rehabilitation From Jamboree RO *o Campus Drive — Consultant Agreement With KFM — Contract No. 3240 November 9, 1998 Page 2 Fundin Funds for this project are available in Account No. 7181- C5100464, PAVEMENT MANAGEMENT PROGRAM FY 1998 -99 MAJOR MAINTENANCE, MacArthur Boulevard Pavement Overlay, Jamboree /Campus. Respectfully submitted, 0 (Vk PUBLIC WORKS DEPARTMENT Don Webb, Director By. Fong fse, P.E. Associate Civil Engineer Attachment: Professional Services Agreement — KFM Engineering, Inc. • Exhibit "A" Scope of Services Exhibit "B" Schedule of Hourly Billing Rates Project Location Map \ \mis_1 \sys \users \pbw\ shared \council \fy98- 99 \nov- 9 \kfm.doc 1 0 9 . PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 9`h day of November, 1998, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and KFM Engineering, Inc., whose address is 18 Technology, Suite 165, Irvine, California, 92618, (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 City. B. City is planning to implement Improvements to MacArthur Boulevard ('Project'). C. City desires to engage Consultant to provide professional engineering design services for street rehabilitation of MacArthur Boulevard from Jamboree Road to Campus Drive upon the terms and conditions in this agreement. D. The principal member of Consultant for purpose of Project is Rick Kreuzer, P.E., President. 0 -1- 0 0 E. City has solicited and received a proposal from Consultant, has reviewed 0 the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 9" day of November. 1998, and shall terminate on the 30" day of June, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, 0 attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of thirty -seven thousand, two hundred seventy -five Dollars ($37,275.00). -2- 0 E 0 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance . by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 0 -3- 11 • 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten • percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, 0 qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. C9 • 5. INDEPENDENT PARTIES • City retains Consultant on an independent contractor basis and Consultant is not C� an employee of City. 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 expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Rick Kreuzer, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel -5- 0 0 identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule . specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which • L performance is due. The Project Administrator shall review all such requests and may • grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT . All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, -7- boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE 0 Without limiting consultant's indemnification of City, and prior to commencement of work, 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 City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as • . described herein. All insurance policies shall be issued by an insurance company certified to do • business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($ 1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in 0 writing to City. Consultant shall give City prompt and 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. 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. 14. PROHIBITION AGAINST TRANSFERS • Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or 0 -10- • more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint venture. 15. OWNERSHIP OF DOCUMENTS 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. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and 0 all liability arising out of changes made to Consultant's deliverables under this Agreement 11 by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. -11- 17. CITY'S RESPONSIBILITIES 0 In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City and the review of field conditions by Consultant. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION ! This Agreement will be administered by the Public Works Department. Bill Patapoff, City Engineer, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be -12- s . clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or • his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. -13- 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS 0 City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless • City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. 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 • -14- E personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Rick Kreuzer, P.E President KFM Engineering, Inc. 18 Technology, Suite 165 Irvine, CA 92618 (949) 453 -7970 Fax (949) 453 -7971 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, -15- 9 0 specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting • party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER . A waiver by either party 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. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this -16- • • Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, • or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters _17_ I 0 patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk \Mis_1 \sys\users \pbWShared\a gmt199\kfinengr.doc 5 .� CITY OF NEWPORT BEACH A Municipal Corporation By: Thomas C. Edwards, Mayor City of Newport Beach CONSULTANT KFM ENGINEERING, INC. By: Rick Kreuzer, P.E. President • I 0 EXHIBIT "A" 0 1.0 PROJECT OVERVIEW The City of Newport Beach is proposing to rehabilitate MacArthur Boulevard from Jamboree Road to Campus Drive, an approximate distance of 1 mile. MacArthur Boulevard is a six lane roadway. Painted median exists along a majority of the project reach with some raised median at the southerly end of the project limits. The existing pavement along this section of MacArthur Boulevard is in fair condition. There are some localized areas exhibiting signs of distress in the form of rutting and alligator cracking. The object of this project is to complete a thorough pavement analysis to determine the optimum improvement strategy for the roadway and then prepare final plans, specifications and estimates for construction. A key aspect of this project will be the consultant teams ability to implement an improvement strategy which not only achieves the design -life objective for the roadway, but also takes into consideration the budget for the project. As stated in the RFP, this project is budgeted at $630,000 for design and construction. This figure will be considered when KFM/Labelle Marvin are developing the various roadway improvement strategies for MacArthur Boulevard. Based upon KFM's thorough site review, the following represent what we believe will be the key design issues to be addressed on the project. • Proper construction joins to the northerly and southerly limits of the project. • Vehicular - rideability" on the finished product. All joins and transverse grade breaks will be done at lane lines to eliminate longitudinal irregularities in the pavement. Particular attention will be paid to the rideability through the major intersections. As discussed in our scope of work herein, KFM is proposing to complete intersection grid plans at the major intersections to ensure optimum rideability through the intersections is achieved. t Traffic control considerations need to be considered when proposing pavement alternatives. For instance, deeplift A.C. sections should be considered in reconstruction areas in lieu of AC /AB sections to expedite construction and minimize lane closure durations. 0 Close coordination with City staff will be stressed to develop the pavement rehabilitation/reconstruction strategy once pavement deflection results are available. KFM/Labelle Marvin will provide City staff with various improvement alternatives and discuss their relative cost effectiveness, impact on local traffic, and expected design life. 2.0 SCOPE OF WORK Task 1 - Data Collection KFM shall collect and review all record information including, but not necessarily limited to, the following: As -built drawings • Utility record drawings • Right -of -way record maps • Assessors parcel maps • Benchmark information a Pertinent in- progress drawings, if any • Centerline intersection ties Task 2 - Field Survey Field survey work shall consist of the following subtasks: a) grid surveys at the major intersections. Elevations will be taken at 10 foot intervals at MacArthur /Campus, MacArthur/Birch and MacArthur/Von Karman intersections. The MacArthur /Jamboree intersection was recently improved and will not require any improvement as part of this project. b) survey cross sections will be taken at 500 intervals. Additional sections will be taken if trouble spots (i.e., low points, irregular cross falls, etc.) are encountered. Task 3 - Base Mapping KFM shall prepare project base maps using existing as -built drawings collected from the City of Newport Beach and Caltrans. Field reviews will be conducted, as necessary, to ensure accuracy. • 0 Task 4 - Geotechnlcal Investigation Based upon a visual review of the existing roadway and discussions with City staff, the project will require a thin overlay (1 % to 2 inches) and localized reconstruction. In order to establish the proper replacement section for the dig -out areas, Labelle Marvin (LM) will conduct a geotechnical analysis consisting of the following subtasks: • Prior to initiation of field activities, sample locations will be marked and Underground Service Alert contacted to notify concerned utilities. Sample locations which may interfere with buried lines or pipes will be relocated. • Coring and /or boring will be performed at six to eight (6 -8) separate locations, identified as areas of removal/replacement by KFM Engineering to determine the thickness of the existing structural section. Borings will be extended a maximum depth of four (4') feet from the surface to obtain samples of the subgrade. Samples will be placed in plastic bags, sealed, and transported to our laboratory for further analysis. Prior to leaving the site, all sample locations will be backfilled and patched. • Upon receipt in the laboratory, samples will be visually classified and the in -situ moisture content of each determined. Individual and /or composite samples which represent the materials encountered will be selected and subsequent to R -value determination for use in alternate structural section replacement design. • A Registered Civil Engineer shall supervise all activities, review results of testing and prepare a report of his findings, presenting recommendations for alternate methods of rehabilitation and /or reconstruction for specific areas identified by the Client as required. Task 5 - Utility Coordination Utility coordination will be ongoing throughout the duration of the project and will generally consist of the following tasks: • Obtain plans showing location and size of all utility lines and appurtenances within the project area. • Plot utility lines on base maps (Task 3). • Cross check plotted locations above with field review information to insure that existing lines are shown in the proper location. • Upon finalizing the proposed roadway improvements, determine where potential utility conflicts exist and where utility modifications are warranted. -, 9 0 • Coordinate with affected utility companies regarding conflicts, relocations and improvements. Two (2) full sets of plans will be submitted for comment to each utility agency concurrent with all KFM submittals to the City for plan check. Task 6 - Final PS & E This task involves the completion of construction bid documents in the form of final plans, specifications and estimates (PS & E). We envision the following plan set will be developed: DESCRIPTION # OF SHEETS 'Title Sheet ........... ............................... 1 Typical Sections and Details ............................ 1 • Roadway Plans ....... ............................... 3 Intersection Plans ..... ............................... 3 'Cross Sections ....... ............................... 2 TOTAL ............................. 10 Sheets Roadway plan sheets will be prepared at 1 " =40' in double plan format. All reconstruction areas will be depicted. All underground utility lines and at -grade appurtenances will be shown. Intersection plans will be completed at a scale of 1 " =20' for the MacArthur /Campus, MacArthur /Birch and MacArthur/Von Karman intersections. Existing and proposed elevations will be shown on a 10 foot grid. Cross sections will be plotted at 500 foot intervals at 1 " =10' horizontal, 1 " =1' vertical scale. Existing and proposed elevations and cross falls will be shown. Traffic Control plans are not included in the scope of work. We suggest that the City request the Contractor to submit traffic control plans prior to construction in conformance with the requirements (i.e., lane requirements, access, etc.) which KFM will summarize in detail in the project specifications. NOTE: The City may elect to bid the project with an alternate for Asphalt Rubber Hot Mix (ARHM). Inclusion of this bid alternate into the final PS &E is included in our scope of work. 4 0 n ,1 < f Specifications will be prepared in conformance with the City of Newport Beach's desired format. Quantities and cost estimates shall be completed. • This task will also include the preparation of all permit applications required for the project. All permit fees will be the responsibility of the City of Newport Beach. In conformance with the Request for Proposal, project submittals will be made at the 70 %, 100 %, and final approval stages of the project Final mylars and specification originals will be provided to the City upon project approval. Task 7 - Project Coordination and Meetings KFM shall provide all necessary coordination activities and attend all project related meetings for the duration of the project. Task 8 - Bidding and Construction Services KFM shall assist the City during the bidding and construction periods by preparing necessary addenda and clarifying plan and specification items, as required. Task 9 - As -Built Drawings Upon completion of construction, KFM shall complete as -built drawings based upon information provided by the City. Task 10 - Reimbursables KFM shall provide all reimbursables (mileage, printing, etc.) for the duration of the project, excluding the reproduction of project bid sets which will be the responsibility of the City. 3.0 PROJECT SCHEDULE This project schedule is depicted graphically on Exhibit A on the following page. This schedule has been developed based upon the stated agency review duration of one (1) week each for the 70% and 100% PS & E submittals. As depicted on the enclosed schedule, KFM shall complete the subject project within 11 weeks of receiving the Notice to Proceed on the project from the City of Newport Beach. r1 LJ lil X w W 75 wV ^W i co W� wV W .�1 L N H Z w Q LL ma �o as �w w w Z J LL 0 U� a I aBBBNUMBBCBBC C I u c on c �L d 6� FA r�H i i I 1 , n 0 °0 0� > (D a�wo >06o > o 0o =MtM°�a °man UU� tea• d'-' vQ v d O E c !� E c N w 06 �. .-. - CU U) N> N> Z0i- m0iiinQwU)Q a I u c on c �L d 6� FA r�H i i I 1 , n • 0 4.0 PROJECT TEAM • KFM Engineering, Inc. has assembled a Project Team which is knowledgeable and experienced in all aspects of the subject project. The Project Team structure is illustrated on Exhibit B herein. Personal resumes of the key team members identified are enclosed in the Appendix of this proposal. The Project Manager for the project will be Mr. Rick Kreuzer, P.E. Mr. Kreuzer is a Registered Civil Engineer in California with 16 years of civil engineering experience, including three years with the Orange County Environmental Management Agency as a construction inspector, one year as a Project Engineer for a major Orange County contractor and the last ten years as a consultant As the Project Manager, Mr. Kreuzer will have overall technical responsibility for the project and will be the client's primary contact. He will also have ^ hands -on" involvement in the day to day design of the project. His experience is well suited to this project, as summarized below: • 12+ years as a consultant with an emphasis in public works design. • Numerous roadway widening/reconstruction, storm drain, sewer and water projects completed for various cities in Orange County over the past ten years. • Extensive experience coordinating with utility companies. • 3 years with OCEMA as field inspector on public works project. He has a strong understanding of the construction elements to be considered on a project of this type. —, - 0 ` LABELLE MARVIN Ceotechnical Investigation *DENOTES SUMONSULTANT CITY OF NEWPORT BEACH RICK KREUZER, P.E. Project Manager JEFF LUND Project Engineer 0 • TED KRULL, L.S. Field Survey EXHIBIT B PROJECT TEAM CHART • -?-,7 • 0 n Recent street improvement project similar in nature to the subject project which Mr. Kreuzer has managed include: Project Client Construction Cost Tustin Avenue Orange $2,000,000 Yorba Linda Boulevard Placentia $1,400,000 Katella Avenue Anaheim $18,000,000 Imperial Highway La Habra $30,000,000 Lincoln Avenue Anaheim $800,000 .University Drive Irvine $600,000 Lake Forest Drive OCEMA $3,000,000 Beach Boulevard Huntington Beach $1,100,000 Avenida Pico San Clemente $400,000 Marguerite Parkway Mission Viejo $700,000 Pacific Coast Highway Newport Beach $5,000,000 Annual Resurfacing Program 94 -95 Dana Point $500,000 Annual Resurfacing Program 95 -96 Dana Point $600,000 Annual Resurfacing Program 94 -95 San Juan Capistrano $600,000 Is Detailed descriptions of these projects and others are included in Section 5.0 of this proposal. Mr. Kreuzer will be assisted by Jeff Lund who will be responsible for the day to day technical design and plan production on the project. Mr. Lund =s main area of expertise is in the design of street widening and rehabilitation projects. He was the Project Engineer for the Lincoln Avenue, University Drive, Beach Boulevard, Marguerite Parkway and Annual Resurfacing projects listed above. LaBelle Marvin (LM) will complete the pavement deflection study /materials report for the project. KFM staff have worked extensively with LM on previous rehabilitation design projects. Arrowhead Mapping of Riverside will provide the aerial mapping for the project. They also have worked extensively with KFM on past projects. 7 Fz., 0 0 The time commitments of the project team members, as a percentage of the total project manhour requirement, are summarized as follows: Project Manager .... ............................... 17% • Rick Kreuzer Project Engineer .... ............................... 25% Jeff Lund CADD Drafter ...... ............................... 35% Labelle Marvin ...... ............................... 17% G eotech n i ca I Investigation Field Survey Crew .... ............................... 6% TOTAL ............................ 100% 5.0 RELEVANT EXPERIENCE The following represents a summary of the most recent street improvement projects completed or underway by the KFM team proposed for this project. We strongly encourage you to contact the listed references regarding our performance. Project: Tustin Avenue Rehabilitation Client: City of Orange Contact: Mr. Jerry Bailey (714) 744 -5531 Construction Cost: $2,000,000 KFM is currently preparing final plans, specifications and estimates for the rehabilitation of Tustin Avenue from Fairhaven Street to Collins Avenue, a total distance of 3 miles. This project is divided into 2 separate bid packages and is being funded under the AHRP program. Project: Yorba Linda Boulevard Rehabilitation Client: City of Placentia Contact: Mr. Chris Becker (714) 993 -8245 Construction Cost: $1,400,000 KFM is currently preparing final plans, specifications and estimates for the rehabilitation of Yorba Linda Boulevard from Kraemer Boulevard to Jefferson Street, a distance of 1.5 miles. s ?r, Project: . Limits: Client: Contact: Construction Cost: 0 0 Imperial Highway Smart Street Improvements Los Angeles County Line to Rose Drive City of La Habra Mr. Majdi Ataya (562) 905 -9720 $30,000,000 KFM staff are currently completing the preparation of final PSBE documents for an eight mile stretch of Imperial Highway in the Cities of La Habra, Fullerton, Brea, Placentia and Yorba Linda. The project includes geometric design, stone drain improvements, traffic signal modifications, intersection widening, sound - wall /retaining wall design, utility relocation and hazardous waste/lead contamination remediation. This project also includes close coordination with Caltrans District 12 Right -of -Way for the numerous right -0f - -way acquisitions on the project. The plans are being produced in metric. Project: Katella Avenue Smart Street Improvements Limits: 1.5 to Walnut Avenue Client: City of Anaheim Contact: Mr. Ralph Harp (714) 765 -5175 Construction Cost: $18,000,000 KFM staff completed the preparation of the final design for the widening of 3 miles of Katella Avenue from Interstate 5 to Ninth Street in the vicinity of Disneyland in the City of Anaheim. This project includes the design of street, storm drain, sewer, water, landscaping and traffic signal improvements. Right -of -way acquisition documents in the form of legal description and plats were prepared by KFM staff for approximately 200 partial takes of existing parcels. Project: 15th Street Improvements Limits: Old Newport Boulevard to Irvine Avenue Client: City of Costa Mesa/City of Newport Beach Contact: Mr. Maher Nawar (714) 754-5248 Mr. Lloyd Dalton (714) 644 -3311 Construction Cost: $660,000 KFM staff completed drainage study and prepared final plans, specifications and estimate for the construction of mainline storm drain and pavement rehabilitation of 15th Street from Old Newport Boulevard to Irvine Avenue, a distance of approximately 4,200 feet. iI 0 0 Project: Lincoln Avenue Improvements Limits: Beach Boulevard to Western Avenue Client: City of Anaheim . Contact: Mr. Richard Garcia (714) 765 -4433 Construction Cost: $800,000 Completed a drainage study and prepared final plans, specifications and estimate for the construction of mainline storm drain and pavement rehabilitation of Lincoln Avenue from Beach Boulevard to Western Avenue, a distance of approximately 2,800 feet. This project was processed for federal ISTEA funds. Project: University Drive Rehabilitation Limits: 600' E/O Campus Drive to MacArthur Blvd. Client: City of Irvine Contact: Mr. Mark Carroll (949) 724 -6410 Construction Cost: $600,000 Prepared final plans, specifications and estimate for the rehabilitation of University Drive from 600 feet east of Campus Drive to the west city limits (7,000 l.f.). The project included the application of an Asphalt Rubber Hot Mix (ARHM) along with a Stress Absorpting Membrane Inner Layer (SAMI) product over the existing pavement surface. Project: Beach Boulevard Rehabilitation Limits: Pacific Coast Highway to Ellis Avenue Client: City of Huntington Beach Contact: Mr. Doug Kato (714) 536 -5431 Construction Cost: $1,100,000 Designed and prepared plans for 3 miles of roadway rehabilitation improvements on Beach Boulevard from Ellis Avenue to the Pacific Coast Highway, a distance of 3 miles. The project included removal and replacement of distressed roadway sections and capping the entire roadway with an A.C. overlay. Project: Marguerite Pkwy. Pavement Rehabilitation Limits: Via Escolar to Crown Valley Parkway Client: City of Mission Viejo Contact: Mr. Loren Anderson (714) 582 -2489 Construction Cost: $700,000 Designed and prepared plans, specifications and estimates for pavement rehabilitation on Marguerite Pkwy. from Via Escolar to Crown Valley Parkway, a distance of 2 miles. The project included replacement of failed sections, a 0.15 foot rubberized AC overlay, restriping and preparation of traffic control schemes for the four lane arterial highway. ro �z Project: Avenida Pico Rehabilitation / Los Molinos Storm Drain Limits: 1-405 to Los Molinos Drive Client: City of San Clemente Contact: Mr. Ben Parker (714) 498 -2533 Construction Cost: $400,000 Designed and prepared plans, specifications and estimates for storm drain improvements at Avenida Pico and Los Molinos to eliminate existing cross gutters and generally improve drainage at the intersection. The project involved a hydrology study, identification of catch basin locations, design of a storm drain system including connection to an existing Orange County Flood Control District Channel, and rehabilitation and regrading of the existing streets with an A.C. pavement overlay. Project: Lake Forest Intersections Limits: I-5 to Trabuco Road Client: Orange County Environmental Management Agency Contact: Mr. Grant Anderson (714) 834 -5034 Construction Cost: $3,000,000 Prepared final plans, specifications and estimates and right -of -way documents for the widening of four (4) intersections on Lake Forest Boulevard in south Orange County. The plan set included roadway plan and profile, storm drain plan and profile, five traffic signal modification plans and various detail and typical section sheets. Project: 1994 -95 Roadway Rehabilitation Projects Limits: Miscellaneous locations Client: City of San Juan Capistrano Contact: Mr. Brian Perry (949) 443 -6353 Construction Cost: $600,000 KFM staff was retained by the City of San Juan Capistrano to complete the preliminary and final design of four (4) roadway rehabilitation projects, summarized as follows: El Camino Real - Ortega Highway to La Zanja Street (2,100 ) • Del Obispo - Aguacate to Paseo de la Paz (4,400`) • Mission Hills Tract - Local Street Rehabilitation (3,200) • Junipero Serra - Rancho Viejo Road to 1 -5 NIB Ramps (400') 11 RICK KREUZER, P.E. 0 EDUCATION: AFFILIATION: REGISTRATION: EXPERIENCE: • • KFM ENGINEERING, INC. Bachelor of Science in Civil Engineering University of California, Irvine, CA 1983 Certificate Program in Construction Management, American Society of Civil Engineers, 1987 American Society of Civil Engineers Institute of Transportation Engineers Registered Civil Engineer (California) Project Management assignments have included: • Project Manager for the rehabilitation of Tustin Avenue from Fairhaven Street to Collins Avenue in the City of Orange. This project is funded by the AHRP program. • Project Manager for the rehabilitation of Yorba Linda Boulevard from Kraemer Boulevard to Linda Vista Drive in the City of Placentia. • Precise alignment, final design and right -of -way engineering for the widening of Katella Avenue in the City of Anaheim, including roadway, storm drain, sewer, water and traffic signal improvements. • Precise alignment and final design for the Imperial Highway Smart Street Improvements form the Los Angeles County Line to Rose Drive, a distance of 8.5 miles. This project traversed through the Cities of La Habra, Fullerton, Placentia, Brea and Yorba Linda. • Project Manager for the Annual Roadway Resurfacing Project (Fiscal Year 1994 -95) in the City of Dana Point. • Project Manager for the University Drive Rehabilitation project in the City of Irvine. This project was constructed using AHFP funds. • Project Manager for the rehabilitation/reconstruction of Beach Boulevard from Pacific Coast Highway to Ellis Avenue (3 miles) for the City of Huntington Beach. • Project Manager for the rehabilitation of Marguerite Parkway from Crown Valley Parkway to Via Escolar (2 miles) in the City of Mission Viejo. RICK KREUZER, P.E. 0 KFM ENGINEERING, INC. • Project Manager for the rehabilitation of Marguerite Parkway from Alicia Parkway to Santa Margarita Parkway (2 miles) in the City of Mission Viejo. • Project Manager for the rehabilitation of Avenida Pico /Calle de los Molinos in the City of San Clemente. • Technical Advisor for the pavement analysis of all primary and secondary highways and the development of a maintenance program for the City of Mexicali, State of Baja, Mexico. • Project Manager for review of OCUTT and FAU funding applications for street reconstruction /rehabilitation projects in Orange County for OCTC. Duties included review of preliminary plans for construction feasibility, review of quantities, cost estimates, etc. • Project Manager for the pavement rehabilitation and storm drain improvements on 15th Street in the City of Costa Mesa. • Project Manager for six roadway rehabilitation/reconstruction projects in the City of Irvine. • Project Manager for four roadway rehabilitation/reconstruction projects in the City of San Juan Capistrano. • Project Manager for the widening and pavement reconstruction of Gale Avenue in the City of Industry. • Project Manager for the rehabilitation of Lincoln Avenue in the City of Anaheim. • Project Engineer for a four mile widening and reconstruction of Pacific Coast Highway in Newport Beach. Responsibilities included design of highway geometries, channelization, drainage, sound wall, mechanically stabilized embankment wall, 30 inch water line, street lighting, and right of way documents. This was a FAU project under review by Caltrans, with an estimated construction cost of $7,500,000. Project Engineer for the preparation of plans, specifications and estimates for the construction of Main Street roadway improvements through the Village of Westpark in Irvine. This project included the design of approximately 6000 feet of arterial highway improvements, as well as the design of a reinforced concrete box drainage facility adjacent to the proposed roadway. • -?, 0 10 RICK KREUZER, P.E. KFM ENGINEERING, INC. • Project Engineer for street reconstruction /rehabilitation project on Main Street in the City of Santa Ana. • Senior plan checker for street, storm drain, water and sewer improvement plans for the Village of Westpark in the City of Irvine. Plan check also involved review of hydrology and hydraulics for the development. • Plan check of development plans for the City of Camarillo on an as- needed basis. Required review of street, storm drain, sewer and water improvement plans as well as detailed checks of parcel and tract maps. • Design Engineer for the overlay of 4,000 lineal feet of roadway (Park Place) in the City of Laguna Beach. • Project Engineer for the alignment study and final design of three miles of new arterial highway in Canyon Country for the County of Los Angeles. • Project Manager responsible for the preparation of plans, specifications, and estimates for approximately 6000 lineal feet of street, storm drain, sewer and water improvement plans in the City of San Marcos. This project also included hydrological mapping of a drainage area approximately 500 acres in size. ! Conceptual planning and design for a one mile widening of MacArthur Boulevard in the vicinity of San Joaquin Hills Road in Newport Beach. The project plans were reviewed and approved by Caltrans District 7 and the project was constructed in 1987. • Design of street improvements for Jamboree Road from Pacific Coast Highway to Backbay Drive in the City of Newport Beach. This project was constructed in 1986 at a cost of $940,000. • Project Engineer for preliminary and final design of Tustin Ranch Road in the City of Tustin, including design of storm drain and soundwall improvements. C� • • JEFF LUND KFM ENGINEERING, INC. EDUCATION: Civil Engineering, Olympia Tech., Washington - 1984 REGISTRATION: NICET Level II, No. 079621, 1994 EXPERIENCE: Jeff Lund is a Project Engineer with KFM Engineering, Inc. He has over 10 years experience in roadway. Past assignments have included: • Design Engineer for the rehabilitation of Tustin Avenue from Fairhaven Street to Collins Avenue in the City of Orange. This project is funded by the AHRP program. • Design Engineer for the rehabilitation of Yorba Linda Boulevard from Kraemer Boulevard to Linda Vista Drive in the City of Placentia. • Design Engineer for the Annual Roadway Resurfacing Project (Fiscal Year 1994 -95) in the City of Dana Point. • Design Engineer for the rehabilitation of Lincoln Avenue in the City of Anaheim. • Design Engineer for the rehabilitation of University Drive in the City or Irvine. • Design Engineer for the rehabilitation of Marguerite Parkway in the City of Mission Viejo. • Design Engineer for the rehabilitation of Lincoln Avenue in the City of Anaheim. • Design Engineer for six roadway rehabilitation projects in the City of Irvine. • Design Engineer for four roadway rehabilitation projects in the City of San Juan Capistrano. • Design Engineer for the project report and PS &E for the upgrading of four major intersections on Lake Forest Drive in Orange County, including right of way engineering and utility coordination. • Design Engineer for the Los Mlolinos Driye Rehabilitation project in the City of ben Clemente. 7 - • • THEODORE M. KRULL - PARTY CHIEF KFM ENGINEERING, INC. . Licensed Land Surveyor, State of California; 1976 graduate of the Southem California Surveyors Joint Apprenticeship Committee =s Four -Year Training Program. Certified Survey Party Chief, also certified for hazardous waste operations, in compliance with O.S.H.A. 29 C.F.R. 1910.120. Member California Land Surveyors Association, American Congress of Surveying and Mapping, American Association of Geodetic Surveying and the National Society of Professional Surveyors. Mr. Kruil is field operations manager, estimator, office advisor and survey. consultant. A second generation surveyor with 20 years of full time experience, he has supervised numerous projects, including Rancho San Clemente - A 1900 acre, 56 million cubic yard master planned, mixed use community; Wildomar - A 5000 acre G.P.S./aerial mapping project in Riverside County; Design Survey for widening of approximately six miles of California State Highway 55; and many single family subdivisions. EMBIT "B" KFM • ENGINEERING, INC. October 21, 1998 Mr. Bill Patapoff, P.E. City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RE: Revised Cost Proposal for Preparation of Plans, Specifications and Estimates for the Rehabilitation of MacArthur Boulevard from Jamboree Road to Campus Drive Dear Mr. Patapoff: Our proposed fee to complete the subject project is $37,275. A detailed breakdown of manhours and fees by task are depicted on the fee schedule enclosed herein as Exhibit A. Exhibit B represents KFM's Schedule of Hourly Billing Rates. • We trust this information is complete. If you have any questions, or require additional information, please do not hesitate to call. . Respectfully submitted, Rick Kreuzer, P.E. President RK/dm Encl. 18 Technology Suite 165 1 rvine California 92618 Ph: 949.453.7970 Fax: 949.453.7971 0 0 0 E CITY OF NEWPORT BEACH MACARTHUR BLVD. REHABILITATION FEE SCHEDULE TASK KIM STAFF LUMP SUM TOTAL ($105) P.M. ($75) PE (f65) CADD (135) SURVEY 1. DATA COLLECTION 1 4 4 $665 2. FIELD SURVEY ' Giid Swveys 1 20 $2905 -Cm Sections 1 8 $1185 3. BASE MAPPING 4 d 40 $3 620 4. GEOTECWCAL INVESTIGATION 4 4 $5140 $6160 S. UTILITY COORDINATION 4 d 8 f l 6. FINAL P S k E -Tidc Sbea 1 1 2 1 $515 .Typical SecWw& DcMils 1 2 d 12 SI 90 •Roedws Places 3 16 10 40 f7 80 ' Inlasection Plans 3 6 24 20 S3 730 -Coss Scctious 2 1 4 8 $925 -S ficabm 8 $840 -Esti=ld 2 8 $810 7. PROJECT COORDINATION/MMTINGS 16 4 fl 80 S. BIDDING R CONSTRUCTION SERVICES 8 4 4 S1 400 9. AS -BUILT DRAWINGS 2 4 d 51030 10. REMURSA13LES $1 00 $1 00 TOTAL MANHOURS TOTAL COSTS 77 $8,085 122 (9,150 148 $9,620 29 $3,780 $6,640 537,275 /r( KFM SCHEDULE OF HOURLY BILLING RATES Rates Effective through December 31, 1998 OFFICE PERSONNEL: Typists, Word Processors .......................... ..............................$ 30.00/Hr. Technician ............................................ ............................... $ 40.00/Hr. CAD Operator ......................................... ..............................$ 60.00/Hr. Design Engineers ..................................... ..............................$ 65.00/Hr. Project Engineers .................................... ..............................$ 75.00/Hr. Project Managers .................................... ..............................$ 90.00/Hr. Senior Project Managers ............................... .......................... $105.00 /Hr. FIELD PERSONNEL: Two -Man Survey Party, including Truck and Equipment .......................... ....................$135.00 /Hr. Three -Man Survey Party, including Truck and Equipment .......................... ....................$170.00 /Hr. SUPPORT & MISCELLANEOUS COSTS: C.A.D.D. Work Station / Plotter .............. ............................... $ 25.00/Hr. Computer time ........................................ ..............................$ 16.00/Hr Telefax................................................. ............................... $ 2.00/Pg. Electronic Distance Measuring Equipment(E.D.M. ) ....................$55.00 /Day Survey Trucks ......................................... ..............................$ 0.50/Mile Other Vehicles ......................................... ..............................$ 0.30/Mile Outside services and consultants are billed at direct costs plus 15 %. Blueprints, reproduction, messenger service, subsistence, travel and other expenses are billed at direct cost plus 10 %. Terms are net 30 days with 1 '1s% per month interest charges. The above schedule is for straight time hours. KFM ENG WEEPING. INC. 9 0 0 U d� W d U H � zw �O q OQ �w E >. O �z oQ �1 zQ w, Qq z� �Q Q¢ 0 7 x F C 0 Z 0 �ACARTHUR ��� ^\ r?