HomeMy WebLinkAboutC-3242 - Jamboree Road Rehabilitation from East Coast Highway to San Joaquin Hills Road• � � �;�� ti 1.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 24th day of November, 1998, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and Berryman & Henigar, whose address is 2001 East First Street, Santa
Ana, California, 92705, (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 Street rehabilitation on Jamboree Road,
between East Coast Highway and San Joaquin Hills Road. ( "Project').
C. City desires to engage Consultant to provide professional engineering
design services for street improvements on Jamboree Road based upon
the terms and conditions contained in this Agreement.
D. The principal members of Consultant are for purpose of Project are
William Stracker, P.E., and Mohammed Rowther, P.E.
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.
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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 24th day of November, 1998,
and shall terminate on the 301h 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, one hundred thirty -four Dollars ($ 37,134).
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.
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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 subconsuttants 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.
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,
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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.
4.3 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor'), construction means, methods, techniques, sequences or procedures, or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractors schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
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
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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 Mohammed Rowther, P.E., to be its
Project Manager. Consultant shall not bill any personnel to Project other than those
personnel 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
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personnel.
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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
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.
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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,
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 negligent 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
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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.
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 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
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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).
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
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
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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
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
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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
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
field review 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 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
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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
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
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Agreement.
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22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
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
personally or on the third business day after the deposit thereof in the United States mail,
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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. 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: William E. Stracker, P.E.
Senior Vice President
Berryman & Henigar
2001 East First Street
Santa Ana, CA 92705
(714) 568 -7300
Fax (714) 836 -5906
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
party written notice thereof.
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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.
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
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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
patent, trademark, or copyright infringement, including costs, contained in Consultant's
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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:
CITY OF NEWPORT BEACH
A Municipal Corporation
By: a ice— By:
Robin Clauson
Assistant City Attorney
LaVonne Harkless
City Clerk
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City of Newport Beach
CONSULTANT
William E. Stracker, P.E._
Senior Vice President
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JAMBOREE ROAD REHABILITATION
FROM PACIFIC COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD
City of Newport Beach 0 Exhibit "A" 0
Jamboree Road Rehabilitation TABLE OF
TABLE OF CONTENTS
SECTION 1 PROJECT UNDERSTANDING
SECTION 2 SUBCONSULTANTS
SECTION 3 RELATED EXPERIENCE
SECTION 4 PROJECT TEAM
• RESUMES
SECTION 5 PROJECT SCHEDULE
SECTION 6 SCOPE OF SERVICES
SECTION 7 • INSURANCE INFORMATION
SECTION 8 FEE SCHEDULE (Under Separate Schedule)
F:\ Prop\ CMNewpor1Beach \98W- 0176Rehab\Proj D \00 tuc1.doc Berryman & Henigar
City of Newport Beach • • SECTION 1
Jamboree Road Rehabilitation INTRODUCTION AND PROJECT UNDERSTANDING
The City of Newport Beach, Department of
Public Works, has requested proposals
from qualified consulting firms to assist the
City in the preparation of engineering plans,
specifications and estimates for its FY
1998 -99 Street Rehabilitation Program.
This proposal is for design of the pavement
rehabilitation of Jamboree Road from
Pacific Coast Highway to San Joaquin Hills
Road.
Jamboree Road has three travel lanes in
each direction. A raised landscaped
median exists in the street. The street has
been overlayed many times, resulting in a
minimal median curb height mostly
throughout the project. Our analysis of the
street rehabilitation methods will address
grinding adjacent to the median gutter to
return a significant median height to the
street. This will add to the safety of the
area, especially with the fog that occurs on
the coast. The median allows the vehicles
to return to the lane of traffic that may stray
out of the lane due to the visibility and
driving lapses.
A geotechnical analysis will be performed
and report written by the firm of Ninyo &
Moore. The report will address the issue of
adverse subgrade conditions adjacent to
the median. The pavement along the
median curb appears to be suffering some
distress that could be caused from water
infiltration into the subgrade from irrigation.
Analysis of grinding of the pavement along
each gutter edge for leveling of the cross -
section of the street and for the asphalt
overlay thickness will be included. From
our field review, partial reconstruction of the
street may be necessary for some sections
of the street, and where the overlay
thickness cannot be constructed.
The work required will include the
development of the following deliverables:
• 40 -scale base maps for the project using
existing street improvements plans and /or
aerial mapping.
• Pavement rehabilitation plans for the
project based on the rehabilitation
strategies;
• Title Sheets, Engineer's Estimates and Bid
Sheets;
• One set of special provisions that will be
applicable to the Jamboree project.
• Construction traffic control and lane closure
schedules will be included in the
specifications.
Another important aspect of this project will
be the coordination of impacted utilities with
utility agencies and other jurisdictional
agencies.
Time is of essence on this project. In order
to ensure that the work for this project is
completed within the scheduled time - frame,
the project engineer will be working under
one Project Manager who will be the point
of contact for the City staff.
Berryman & Henigar's proposed project
team is qualified and experienced in
expediting similar projects. We are
sensitive to the City's goals and
accustomed to working as an extension of
the City staff. We have the resources
available in our Orange County office,
located in Santa Ana, to complete the
proposed projects within the scheduled
time - frame. Furthermore, with our
computer network system that inter-
connects all our design offices, we have
the capability to mobilize additional staff
from our San Diego Office, if needed, in a
very effective and efficient manner.
f:\ prop \civ\newportbeach \98w -0176 rehab \jamboree2 \01_prjund.doc 1-1 Berryman & Henigar
City of Newport Beach • 0 SECT /ON 2
Jamboree Road Rehabilitation SUBCONSULTANTS
Berryman & Henigar has joined forces with
the firm of Ninyo & Moore for this project.
Ninyo & Moore Geotechnical
Berryman & Henigar has worked with the
firm of Ninyo & Moore on several projects
and have found them to be responsive and
stand behind their work. We are pleased to
have them as our subconsultant on this
project.
Since 1986, Ninyo & Moore is a multi-
disciplinary consulting firm with offices
throughout California and the West. They
provide geotechnical engineering,
hydrogeology, hazardous waste remedia-
tion, and environmental assessment to a
wide variety of clients. They have a staff of
over 150; specializing in geotechnical
evaluations for infrastructure related
improvements, including street, water,
storm drain, and sewer improvements.
Ninyo & Moore offers a fully equipped, well
staffed, state -of- the -art geotechnical
laboratory facility performing a wide range
of testing services under the supervision of
a registered civil engineer.
Project Experience
We have included a sample listing of street,
pavement, and storm drain project
experience in the Appendix.
Key Personnel
One of the aspects of Ninyo & Moore that
provides a level of comfort for Berryman &
Henigar is that they assign quality and
experienced personnel to each project. To
these projects, they have assigned the
following staff to assist our Team and the
City of Newport Beach (resumes are
included in this proposal).
Mr. Jalal Vakili, P.E., Ph.D., Principal -in-
Charge
Mr. Lawrence T. Jansen, RG, CEG., Project
Manager
Mr. Daniel Chu, P.E., Project Engineer
Ms. Carol Price, RG, CEG, Project
Geologist
Relationship
Mr. Jansen will report to the Berryman &
Henigar Project Manager.
C\ prop\ civ\ newportbeach\ 98w- 0176rehab \proj_d \02_sub.doc 2 -1 Berryman & Henigar
City of Newport Beach •
Jamboree Road Rehabilitation
• SECTION 3
RELATED EXPERIENCE
Berryman & Henigar provided design civil engineering services and the preparation of final
PS &E for the following street improvement projects in Orange and Los Angeles counties
during the last five years. These projects are all pavement rehabilitation similar to the
Jamboree Road project. Jamboree Road carries a high traffic volume. On a previous City of
Irvine project, we were able to provide a method where the contractor could replace and
reconstruct the pavement south of the 1 -405 Freeway, saving the City a considerable amount
of money.1-405. Each of these streets carry high traffic volumes and the design and contract
documents reflect this, using construction methods and traffic control requirements that are
conducive to this condition.
LA PAZ ROAD REHABILITATION PROJECT
Berryman & Henigar prepared final design
Mr. Ken Rosenfield
construction documents and engineer's estimates
Director of Public Works /City Engineer
for asphalt grinding, pavement rehabilitation and
City of Laguna Hills
overlay, modification of median islands, and
(714) 707 -2600
median landscaping and irrigation improvements
for approximately 11,000 linear feet of La Paz
Mohammed Rowther, P.E.
Road from Moulton Parkway to the City limits at
Principal In Charge
the centerline of 1 -5 Freeway. Pavement
Thomas Wheeler, P.E.
rehabilitation included areas of reconstruction
Project Manager
which were located in the field, reviewed with the
Monte Bowers, P.E.
City, and then included on the plans. Our
Lead Design Engineer
Engineers are experienced in the evaluation and
determination of pavement distress and the
Date Completed: August 1998
requirements and methodology for overlay,
reconstruction and rehabilitation of asphalt
Construction Cost: $1 Million
pavements, including asphaltic rubber.
1:\ prop\ civ\ newportbeach\ 98w -0176 rehab \proj_d \03_exp.dcc 3 -1 Berryman & Henigar
City of Newport Beach
Jamboree Road Rehabilitation
is SECTION 3
RELATED EXPERIENCE
OSO PARKWAY REHABILITATION PROJECT
Berryman & Henigar prepared pavement
Mr. Ken Rosenfield
strategies, preliminary design, final design and
Director of Public Works /City Engineer
PS &E for pavement rehabilitation and overlay,
City of Laguna Hills
along with median and landscaping, for
(714) 707 -2600
approximately 8,350 linear feet of Oso Parkway
from Cabot Road to Moulton Parkway in the City
Mohammed Rowther, P.E.
of Laguna Hills. This road has high traffic
Principal In Charge
volumes and a steep gradient that will require
Monte Bowers, P.E.
good traffic control methods.
Project Manager
Marzieh Ghandehari
Design Engineer
Date Completed: July, 1998
Construction Cost: $900,000
C\prop\cMnmpodbeaW98w.0176 rehab\proj d \03 exp doc 3 -2 Berryman & Henigar
City of Newport Beach •
Jamboree Road Rehabilitation
• SECTION 3
RELATED EXPERIENCE
GAREY AVENUE REHABILITATION
Berryman & Henigar was responsible for
Mr. Dan Drake
developing rehabilitation strategies and preparing
Engineering Associate
the PS &E for 5,800 linear feet of Garey Avenue,
City of Pomona
from Lexington Avenue to 7'h Street.
505 So. Garey Avenue
Rehabilitation included structural overlays
Pomona, CA 91769
reinforced with pavement mesh to address
(909) 620 -3650
reflective cracking, and Type II slurry seal with 3%
rubber latex. Portions of the existing curb and
Mohammed Rowther, P.E.
sidewalk were replaced, and new bus pads and
Project Manager
curb ramps were constructed where needed to
Mike Foreman, P.L.S.
meet ADA accessibility requirements
Survey /Base Maps
"..
Design Completed: February 1998
Construction Cost: $300,000
%
t.3
C \prop \civ \newpodbeachO8w -0176 rehab \proj_d \03_exp.doc 3-3 Berryman & Henigar
City of Newport Beach •
Jamboree Road Rehabilitation
• SECTION 3
RELATED EXPERIENCE
LACUNA HILLS PAVEMENT REHABILITATION PROJECTS
Berryman & Henigar prepared the plans,
Mr. Ken Rosenfield
specifications and estimates for the pavement
Director of Public Works /City Engineer
rehabilitation of Moulton Parkway for the City of
City of Laguna Hills
Laguna Hills.
(714) 707 -2600
The pavement rehabilitation method consists of
approximately 5,000 feet of removal and
Mohammed Rowther, P.E.
reconstruction of failed AC pavement; crack
Principal In Charge
sealing; cold planing at gutter lip and join lines;
Monte Bowers, P.E.
0.15' thick asphalt rubber hot mix (ARHM) overlay;
Lead Design Engineer
adjustment of manhole ring and covers and valve
boxes to grade; restriping and traffic signal loop
Date Completed: April 1998
replacement. This same method was used on the
Construction Cost: $1 Million
other Laguna Hills projects.
Included with this project is the widening of Oso
Parkway at Moulton Parkway and Oso Parkway
at Cabot Road. This widening will provide dual
left turn and dedicated right turn lanes in all four
quadrants of both intersections.
The improvement consists of reconstruction of
raised median, curb and gutter and sidewalk;
modification to the traffic signal; retaining walls;
utility relocation and adjustments; landscape
replacement and irrigation system alterations; and
right -of -way acquisition.
fAprop \6v \newportbeach08w -0176 rehab \proj_d \03_exp.doc 3-4 Berryman & Henigar
City of Newport Beach 0
Jamboree Road Rehabilitation
• SECTION 3
RELATED EXPERIENCE
SAN GABRIEL BOULEVARD RECONSTRUCTION
Berryman & Henigar is responsible for the
Mr. Douglas Benash, P.E.
preparation of the PS &E for the reconstruction of
Community Development Director
8,600 linear feet of San Gabriel Boulevard, a four-
City of San Gabriel
lane arterial highway in the City of San Gabriel.
532 West Mission Drive
The project includes a variety of rehabilitation
San Gabriel, California 91776
strategies including structural overlays,
(818) 308 -2800, Ext. 715
reconstruction with total depth asphalt concrete
pavement or asphalt concrete over aggregate
Mohammed Rowther, P.E.
base, and concrete pavement over cement
Project Manager
treated permeable base. Also, included are new
Monte Bowers, P.E.
storm drains at Hermosa Avenue and East
Lead Design Engineer
Broadway. Design hydrology and construction
Plans for all drainage improvements were
Date Completed: May 1998
processed through LACDPW as Transfer Drain
Construction Cost: $1 Million
projects. Major associated work includes new
street lighting over approximately 5,500 feet of the
alignment, a new traffic signal at El Monte, street
trees along the entire length, and decorative walks
at major intersections. Pavement markers and
striping are included in the plan. Berryman &
Henigar is responsible for all coordination with Los
Angeles County Department of Public Works and
with utility agencies operating in the City of San
Gabriel. The project schedule was maintained
through regular project review meetings with the
City.
C\prop\cMnewportbeach \98w -0176 rehab \proLd\03_ezp.doc 3 -5 Berryman & Henigar
City of Newport Beach •
Jamboree Road Rehabilitation
• SECTION 3
RELATED EXPERIENCE
SATZ ROAD / PALM AVENUE IMPROVEMENTS
Berryman & Henigar was responsible for the
Mr. Kamyar Motamedi
design of roadway and drainage improvements to
Senior Engineer
mitigate road closures in the area for construction
Metropolitan Water District
of Metropolitan Water District's Eastside Reservoir
350 South Grand Avenue
Project. One -half mile of Batz Road was im-
Los Angeles, California 90054
proved from a gravel to asphalt concrete roadway,
(213) 217 -6581
and included culverts to alleviate flooding that
commonly occurred during rainfall periods. Palm
Mohammed Rowther, P.E.
Avenue was improved to a wider aggregate
Project Manager
section approximately 1,500 feet in length
terminating at a cul -de -sac at MWD property. The
Design Completed: December 1996
project was done on a fast track schedule in order
to coordinate the work with other portions of the
Construction Cost: $400,000
Eastside Reservoir Project that would allow
imported fill to be economically placed. Berryman
& Henigar was instrumental in getting the project
reviewed and approved by Riverside County
Transportation Department in a vEary short period
of time.
SE°ULVEDA BOULEVARD
Berryman & Henigarwas responsible for design of
Mr. George Schultz
Sepulveda Boulevard Widening between
City Engineer
Wilmington Avenue to Alameda Street for the City
City of Carson
of Carson. This project also included the design
701 E. Carson Street
of the Sepulveda Dominguez Drain for LACDPW,
Carson, 90749
a ± 6,000 foot long 75W x 9'H RCB storm drain
(310)830 -7600
in Sepulveda Boulevard from Alameda Street to
Dominguez Channel.
Mohammed Rowther, P.E.
Project Engineer
Design Completed: December 1993
Construction Cost: $6 Million
C\prop \civ\newportbeach\98w -0176 rehab\pfoj_d \03_exp.doc 3 -6 Berryman & Henigar
City of Newport Beach •
Jamboree Road Rehabilitation
0
SECTION 3
RELATED EXPERIENCE
BASTANCNURY ROAD
The project included two miles of street widening
Mr. Roy Stephenson
from two -lane to four -lane roadway. Also included
Director of Public Works
were three signal modifications within the project
City of Yorba Linda
limits.
4845 Casa Loma
Yorba Linda, California 92686
(714) 961 -7170
Monte Bowers, P.E.
Project Manager
Mike Foreman, P.L.S.
Survey /Base Maps
Date Completed: 1993
Construction Cost: $2,500,000
tAprop \civ \newportbeach \98w -0176 rehab \proj_d\03_ezp.doc 3a Berryman & Henigar
City of Newport Beach •
Jamboree Road Rehabilitation
s
SECTION 3
RELATED EXPERIENCE
CAPITAL IMPROVEMENT OF VARIOUS STREETS
Berryman & Henigar has just completed a Capital
Mr. Bill Hart
Improvement Program for the City of Temple City
Public Services Director
involving the widening and improvement of nine
City of Temple City
city streets. The scope of services included field
9701 East Las Tunas
survey and topography along the streets and
Temple City, California 91780
adjacent residential front yard areas. The design
(818) 285 -2171
involved installation of new curb and gutter,
pavement widening and overlays, driveway
Mohammed Rowther, P.E.
removals and reconstruction, installation of new
Principal In Charge
sidewalk and ADA handicap ramps, and the
Marzieh Ghandehari
relocation of existing utility appurtenances such as
Project Engineer
meters and valves. The project involved
relocation or reconstruction of private
Design Completion: March 1996
improvements including mailboxes, walks, and
planters. Plans, Specifications, and an Engineer's
Construction Cost: Various
Estimate of Probable Costs were provided to the
City.
E \prop\civ \newportbeach \98w -0176 rehab \proj_d\03_exp.doc 3 -8 Berryman & Henigar
City of Newport Beach •
Jamboree Road Rehabilitation
• SECTION 3
RELATED EXPERIENCE
IMPERIAL HIGHWAY (SR 90) "SMART STREET"
State Route 90 (Richard M. Nixon
Mr. Roy Stephenson
Freeway /Imperial Highway) PS &E in Caltrans
Director of Public Works
District 12 for the City of Yorba Linda, California
City of Yorba Linda
(Construction: 2000, Cost: $35 million). Berryman
4845 Casa Loma
& Henigar is responsible for the preparation of the
Yorba Linda, California 92686
PS &E. The project is divided into three phases
(714) 961 -7170
with three separate PS &E packages (Segments 5,
6 and 7). Funding is provided by Orange County
Mohammed Rowther, P.E.
Transportation Authority (OCTA) - Measure V.
Project Manager
The project is on a fast -track delivery schedule.
Marzieh Ghandehari
The project includes 5.5 miles of conventional
Project Engineer
highway and freeway widening, modifications to a
Mike Foreman, P.L.S.
partial cloverleaf interchange with State Route 91,
Survey/ Base Maps
two bridges, 2.5 miles of soundwalls, utilities,
drainage including double reinforced concrete box
Date Completed:
culverts, lighting, striping, signals, and signing.
Segment 5 - April 1998
Soundwalls were designed in combination with
Segment 6 - July 1998
earth berms for aesthetics. Segment 6 (Richard
Segment 7 - December 1997
M. Nixon Freeway) is currently a two -lane facility.
The project proposes to widen the highway to a
Construction Cost:
four -lane, divided freeway. Segment 7, located in
Segment 5 - $6.6 Million
the City of Anaheim, is planned to be an eight-
Segment 6 - $5 Million
lane, divided highway. Segment 7 includes
Segment 7 - $6 Million
modifications to the freeway entrance and exit
ramps with State Route 91. The plans are being
prepared using metric (SI) units. Duties included
the preparation of City Council hearings
presentation graphics, and public participation
meetings.
C\propUv\newportbeach \98w -0176 rehab \proLd \03_ezp.doc 3 -9 Berryman & Henigar
City of Newport Beach • • SECTION 4
Jamboree Road Rehabilitation PROJECT TEAM
KEY PERSONNEL AND
FUNCTIONAL RESPONSIBILITY
BERRYMAN & HENIGAR
The Berryman & Henigar Team includes
all the talent necessary to effectively pro-
vide the services required to meet the
City's goals and objectives.
Berryman & Henigar has successfully
worked in multidiscipline teams to provide
innovative designs matching complex proj-
ects as might be requested by the City. We
have engaged the most experienced and
successful professionals available to meet
your specific needs for each task order.
The effectiveness of the project organization
is dependent upon a clear definition of the
function, reporting relationship, and respon-
sibilities of each position. The resume of
each of the following individuals is included.
William Stracker. P.E. - Principal -in-
Charge /Project Director
Importance: Mr. Stracker brings a unique
perspective and expertise and a thorough
understanding of the execution of this
project to the Team. As a former City
Engineer and City Traffic Engineer he brings
an extreme sensitivity in understanding the
specific needs of the City, the business
community, the residents, and the staff. He
has worked closely with City Councils, City
Commissions, City Managers, and depart-
ment heads.
Function: Expedite and "fast- track" the
project mobilization, concept development,
and design development phases. Mr.
Stracker's level of effort will be about 5 -10 %.
Responsibilities: Assists the Project Man-
ager and Project Team with decision making
and feasibility analysis. Establishes and
implements the quality assurance and
quality control review of project deliverables
and the scheduling of quality control audits.
Mohammed Rowther, RE - Project
Manager
Function: Assigned as the Project Manager
for the overall project. He has designed
several of the projects listed in the
experience section as can be seen upon
your review of that section. He understands
how to complete a project on a fast tracked
basis, and works well with each Team
member and the subconsultants. His level
of effort for this portion is about 30%
Responsibilities: Managing the design and
designing the drainage improvements for
the project (see below). Interfaces with the
other Project Engineers and the City and
Orange County Public Works staff where
required. Manages the preparation of the
final construction documents for the project
improvements per Newport Beach and
Orange County standards.
Experience: Mr. Rowther has over 18
years of experience in planning and design
of street, pavement, and rehabilitation
projects. His resume is included in this
proposal.
Thomas Wheeler, PE - Alternate Project
Manager and Street Rehabilitation
Oversight
Function: Will fill in for Mr. Rowther if he is
rendered unavailable per the City's request.
Manages the design of the street
rehabilitation and Assists and advises
Mr.Rowther. His level of effort is about
30 %.
Organizational Relationship: Reports to
Mr. Rowther.
fAprop \civ \newpodbeach \98w -0176 rehab \proj_d \04_team.doc 13 Berryman & Henigar
City of Newport Beach •
Jamboree Road Rehabilitation
Responsibilities: Responsible for oversight
of the street rehabilitation projects.
Experience: He has a strong background
in general civil engineering and program
management experience. He is project
manager for two street rehabilitation projects
designed for Laguna Hills and is Resident
Engineer for the City of Yorba Linda's
program. He has a good "feel" for the
design requirements of a project as related
to the field conditions. He is experienced in
working with utilities, local agencies, and
project permitting.
Monte Bowers, P.E. - Roadway
Function: Assists and advises Mr. Rowther
on the projects technical design issues.
Assigns and works closely with design
engineers in directing conceptual design
efforts and interfacing with other team
members in incorporating their respective
design elements. Mr. Bowers level of
effort on this project will be about 40 %-
60%.
Responsibilities: Responsible for estab-
lishing and implementing the roadway work
plan. Maintains continuous communication
with the Project Manager. Is proactive in
recommending conflict resolutions and
resolving specific design issues.
Experience: Mr. Bowers has over 30 years
of experience in design and contract ad-
ministration of street and highway projects,
pavement maintenance and rehabilitation,
sewer facilities, storm drains, water lines,
right -of -way acquisitions and assessment
district projects for various government
agencies. He is experienced in the design
and administration of projects using Federal
and State grants, CDBG, ISTEA, and HUD.
Mohammed Rovrther, P.E. - Drainage
Function: Mr Rowther is an expert in the
drainage aspects of this project. To
SECT /ON 4
PROJECT TEAM
maintain the efficiency and productivity of
the work, he will act as both the Project
Manager and the drainage design. His level
of effort will be about 10% on this portion
of the work.
Responsibilities: Managing the design and
designing the drainage improvements for
the project.
Experience: Mr. Rowther has over 18
years of experience in planning and design
of storm drainage facilities. He has
designed the Sepulveda Dominguez Drain,
Hollyhills Drain, and Harding Street Drain.
Mike Foreman, PLS, will be the Lead
Surveyor and primary contact between
Berryman & Henigar and the City for survey
services. With over 25 years of survey,
mapping, and right -of -way engineering
experience, he has managed Berryman &
Henigar's Field Services for the past six
years. He has managed large scale field
surveying projects for Southern California
public agencies, including the Cities of
Yorba Linda, Costa Mesa, Laguna Hills,
Laguna Niguel, Rancho Palos Verdes, and
Corona; the County of Orange; the
Metropolitan Water District; and the
Southern California water Company.
f: \prop \civ \newportbeach\98w -0176 rehab \prof d \04 team.tloc 14 Berryman & Henigar
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0
City of Newport Beach
Jamboree Road Rehabilitation
The following is our proposed approach for
the design development and preparation of
construction documents for Jamboree Road
Rehabilitation in the City of Newport Beach.
PROJECT SCOPING MEETING
Upon receipt of the Notice to Proceed,
Berryman & Henigar will set up a kick -off
meeting with the City staff to discuss the
detailed scope of work and schedule of
milestone dates. We will also review the
project objectives, budget, design criteria,
permit requirements (such as the Coastal
Development Permit), and any potential
problems which may require early lead time
or mitigation.
DOCUMENT RESEARCH
Berryman & Henigar staff will research City
records for "as- built" street improvement
plans, bench mark locations, monument
information, pavement delineation plans,
geotechnical information, and other data
that may be pertinent to the project. Letters
will be sent to all agencies known to be
providing utilities and services or to be
operating within the project area. This letter
will include the project schedule and a
request for existing plans. The existing
utility services will be added to the project
plans.
DESIGN SURVEY
A field topographic survey will be conducted
to locate and detail all pertinent existing
improvements within the street right -of -way
including curb, manholes, valves, vaults, pull
boxes, catch basins, driveways, aprons,
back of walk, handicap ramps, above
ground utilities including poles, street light
and traffic signals, etc. Cross section
elevations will be taken at approximately
100 -foot intervals and will include top of
curb, gutter flowline and lip, back of walk,
and any grade breaks. Roadway
improvements will be surveyed to join with
0
SECTION 6
SCOPE OF SERVICES
the new design. Elevations along a 10' by
10' grid will be obtained at the
intersection of San Joaquin Hills Road
and Jamboree Road to provide for an
analysis of the intersection geometrics.
MONUMENT PRESERVATION
Existing street centerline monuments will be
tied out prior to any construction activities
and will be properly documented and filed
with the County Surveyor as record
information.
BASE MAP DEVELOPMENT
Base plans shall be generated from, existing
plans and other information furnished by the
City, field survey, and data gathered by field
review. The plans will be prepared utilizing
AutoCAD computer aided drafting (CAD)
with Softdesk Civil Design software. The
base plans will be generated at a scale of
111=40'.
FIELD REVIEW
A field review will be performed after
preparation of the base plans to verify
topography within the roadway (i.e.,
manholes, valve boxes, driveway locations,
etc.), verify locations of existing striping,
pavement marking and loop detectors and
limits of pavement reconstruction.
SAN JOAQUIN HILLS ROAD AND
JAMBOREE ROAD INTERSECTION
ANALYSIS
Develop a 20 scale intersection grid plan
with possible 10 scale "blow -ups" to
review the elevations and analyze the
roadway geometrics for this location.
This analysis will include drainage and
safety issues.
f: \prop \civ \newportbeach \98w -0176 rehab\jamboree2 \06_scope2.doc 6 -1 Berryman & Henigar
0
City of Newport Beach
Jamboree Road Rehabilitation
GEOTECHNICAL INVESTIGATION
Field Exploration
NINYO & MOORE will drill 2 shallow
borings within the project limits. Borings will
be excavated to a depth of about 10 feet
below existing ground surface. Two
additional borings will be drilled to a
depth of 5 feet to determine pavement
thickness at other locations along the
road at the direction of the Engineer.
NINYO & MOORE will contact City
representatives for information regarding
buried utilities and structures. They will also
notify Underground Service Alert (USA) to
coordinate with utility companies to clear
underground conduits and subsurface
structures in the vicinity of planned boring
locations.
Where proposed borings will penetrate
existing pavements, the thickness of
pavement section will be measured and
recorded. Subsurface conditions
encountered during exploration will be
logged by our field personnel. Bulk samples
of representative soil types will be obtained
in the borings. Earth materials encountered
will be classified in accordance with the
Unified Soil Classification System (ASTM
D2488). Samples will be packaged, labeled,
and transported to the laboratory for testing.
Upon completion of drilling and sampling,
borings will be backfilled with on -site
excavated materials. Where existing
pavements are penetrated, the upper 6
inches near street grade will be patched with
cold -mix asphalt concrete or quick -set
cement.
Laboratory Testing and Analysis
Samples obtained in the field will be tested
in the laboratory to evaluate their subgrade
support properties. Laboratory testing will
include moisture, dry density, wash sieve
(No. 200) analysis, corrosivity, compaction,
and a resistance "R" value test. Laboratory
0
SECTION 6
SCOPE OF SERVICES
testing will be performed in general
accordance with applicable procedures of
the current American Society for Testing and
Materials (ASTM), California Department of
Transportation (Caltrans) Test Method
(CTM), or other approved test standards.
Investigation Report
Based upon results of the field exploration
and laboratory testing, we will analyze the
information developed through our
investigation or otherwise available to us,
including those aspects of the subsurface
conditions that may affect design and
construction of the project adjacent to the
median. NINYO & MOORE will submit a
report summarizing our findings and
recommendations. Four copies of the report
will be submitted. The report will address
the following items:
• A summary of the measured thickness of
existing structural sections at the
exploratory locations.
• A description of subsurface conditions
adjacent to the landscaped medianand
controlling engineering properties of the
encountered materials, including
documentation of boring and sampling
locations, and laboratory test results.
• Evaluation of pavement, including
support characteristics of subgrade,
preparation of subgrade, and structural
sections of asphaltic concrete and base
course on the basis of Traffic Indices
(Tls) to be provided by the City.
• Geotechnical requirements and
compaction criteria for construction of
street subgrade and pavement sections.
• Recommendations for post- investigation
services.
Schedule
Ninyo & Moore estimates the completion of
field work to Report will take about 6 weeks.
f: \prop \civ \newportbeach\98w -0176 rehab \jamboree2 \06_scope2.doc 6-2 Berryman & Henigar
0 0
City of Newport Beach SECTION 6
Jamboree Road Rehabilitation SCOPE OF SERV ICES
PAVEMENT REHABILITATION PLANS
Pavement rehabilitation plans will be
prepared on the 40 -scale base maps for this
project. The improvement plans will be
based on 2 inches of asphalt concrete over
fabric, the Materials Report prepared by
NINYO & MOORE, and on the field review
by Berryman & Henigar staff. The plans will
include:
• title sheets;
• typical cross - sections;
• limits of crack seal, pavement removal
and reconstruction, and asphalt concrete
overlays;
• limits of cold milling along curb and
gutter, median gutter, cross - gutters and
project limits;
• adjustment to grade for utility vaults and
manhole frame and cover;
• reinstallation of traffic signal loop
detectors as necessary based upon
City's striping plans.
Striping And Pavement Marking Plans
Striping and pavement marking plans will
be provided by the City. The plan will
include the necessary details for the
replacement of existing traffic signal loop
detectors as needed along Jamboree Road.
Stage Construction And Traffic Control
Stage construction and traffic control
requirements will be outlined in the Special
Provisions so that the construction
contractor can prepare plans delineating the
work to be performed in each phase of
construction and showing how the traffic is
to be handled during construction.
UTILITY NOTIFICATIONS
B &H staff will send out second notices with
two sets of preliminary plans to all affected
utilities and other agencies for their review
of the proposed improvements, and will
incorporate comments received into the final
design.
COST /QUANTITY ESTIMATES AND
SPECIFICATIONS
Cost/Quantity Estimates shall be prepared in
a unit price format indexed for easy
updating. City's Standard Specifications
shall be provided by the City and
incorporated into the contract documents.
The consultant will provide the Special
Provisions specifically for the project.
70% SUBMITTAL
The 70% Submittal to the City for review and
comments will include two sets of the
following:
1. Title Sheet.
2. Preliminary Street Improvement Plans..
3. Detail and Sections.
4. Preliminary Quantity and Cost Estimate.
5. Initial results of the soils evaluation will
be discussed to determine design
parameters.
A comment review meeting is anticipated
after receiving comments back from the City.
100% SUBMITTAL
The 100% submittal to the City will include
the final plans, complete draft specifications,
draft special provisions, and final quantities
and cost estimates. All previous design
comments and all design related issues will
be addressed with this submittal. A
comment review meeting with the City is
anticipated after receiving comments back
from the City.
FINAL SUBMITTAL PACKAGE
Prepare final plans, specifications, and
estimates City staff and utility companies'
review comments.
Send out final utility notices and plans for
approval, and to obtain the necessary
permits, where applicable.
fAprop \cMnewpor1beach198w -0176 rehab \jamboree2106 scope2.doc 6 -3 Berryman & Henigar
0 0
City of Newport Beach SECTION 6
Jamboree Road Rehabilitation SCOPE OF SERVICES
Submittal of Final Plans, Specifications, and
Estimate (PS &E) will include the following:
1. Submit all pertinent design
correspondence, including responses
from utilities.
2. Original mylar and two sets of Street
Improvement Plans.
3. Original and two sets of specifications
4. Cross - sections and working drawings.
5. Cost Estimate and all backup materials
6. Electronic files of CAD drawings
(AutoCAD) and specifications (Microsoft
Word or WordPerfect).
7. City's red -line comments on the
Preliminary Plan Submittal.
BID PHASE AND CONSTRUCTION
SUPPORT
Attend pre - construction meeting.
Berryman & Henigar staff will be available
throughout the bidding and construction phase
of the project for plan interpretations and tech-
nical support.
Provide engineering assistance in change
order work initiated by the City or variation of
submittal packages due to funding source
changes.
Prepare Project Record Drawings from the
Contractor's red -lined blueprints on the
original signed mylars.
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City of Newport Beach 0
Jamboree Road Rehabilitation Project
BERRYMAN & HENIGAR
0
HOURLY RATE SCHEDULE
EQUIPMENT: HOURLY
TYPE RATE
Dynaflect 125.00
Inroads CADD Design 24.00
Microstation CADD Drafting 12.00
Plotter 11.00
Out -of- pocket expenses (blueprinting, reproduction, and printing) will be invoiced at cost
plus 15 %. A 15% fee for administration, coordination and handling will be added to
subcontracted services. Mileage will be invoiced at $0.36 /mile. Scheduled overtime will be
performed at 125 %. Rates may be adjusted after that date to compensate for labor cost
increases and other increases due to inflationary trends.
Clproplciv \newpodbeach \98w•0176 rehab\proL&appa_mte.doc Berryman & Henigar
HOURLY
HOURLY
CLASSIFICATION
RATE
CLASSIFICATION
RATE
Principal Consultant
146.00
Technician 1
35.00
Principal Engineer
135.00
Licensed Land Surveyor
87.00
Senior Associate
113.00
Supervising Land Surveyor
81.00
Senior Engineer
103.00
2- Person Survey Crew
163.00
Engineer III
92.00
3- Person Survey Crew
198.00
Engineer 11
81.00
Senior Survey Analyst
81.00
Engineer 1
70.00
Survey Analyst
70.00
Planner 11
81.00
Senior Inspector
70.00
Planner 1
70.00
Inspector
60.00
Senior Designer
87.00
Senior Contract Administrator
71.00
Designer
70.00
Contract Administrator
61.00
Senior Draftsperson
60.00
Building Official
94.00
Draftsperson
48.00
Senior Programmer
76.00
Engineering Assistant
60.00
Programmer
60.00
Plan Checker IV
92.00
Cadd Designer
81.00
Plan Checker 111
81.00
Cadd Operator II
70.00
Plan Checker II
76.00
Cadd Operator 1
60.00
Plan Checker I
70.00
Word Processor III
60.00
Technician VI
76.00
Word Processor 11
48.00
Technician V
65.00
Word Processor 1
39.00
Technician IV
55.00
Clerical
33.00
Technician III
46.00
Technician II
39.00
EQUIPMENT: HOURLY
TYPE RATE
Dynaflect 125.00
Inroads CADD Design 24.00
Microstation CADD Drafting 12.00
Plotter 11.00
Out -of- pocket expenses (blueprinting, reproduction, and printing) will be invoiced at cost
plus 15 %. A 15% fee for administration, coordination and handling will be added to
subcontracted services. Mileage will be invoiced at $0.36 /mile. Scheduled overtime will be
performed at 125 %. Rates may be adjusted after that date to compensate for labor cost
increases and other increases due to inflationary trends.
Clproplciv \newpodbeach \98w•0176 rehab\proL&appa_mte.doc Berryman & Henigar
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November 23, 23, 1998
CITY COUNCIL AGENDA
ITEM NO. 12
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
� NOV 2 3
FROM: PUBLIC WORKS DEPARTMENT M Ru r
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR
JAMBOREE ROAD REHABILITATION FROM EAST COAST HIGHWAY
TO SAN JOAQUIN HILLS ROAD — CONTRACT NO. 3242
RECOMMENDATION:
Approve a Professional Services Agreement with Berryman & Henigar of Santa Ana,
California, for professional engineering services for a contract price of $ 37,134.
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 Jamboree Road from East Coast Highway to San Joaquin
Hills Road. 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, re- construction coordination and meetings, bidding and
construction assistance, and the preparation of as -built plans after construction
completion.
All six (6) firms responded to our request for proposals. Staff reviewed the firms'
qualifications, past experience on similar projects, and availability and ranked Berryman
& Henigar of Santa Ana as the most suitable for the project design work. Upon
selection, staff negotiated with Berryman & Henigar to provide the necessary scope of
services for a fee of $ 37,134.
Berryman & Henigar have completed engineering services on similar projects for our
City and other local agencies in Southern California.
SUBJECT: APPROVAL • PROFESSIONAL SERVICES AGREEI *S FOR JAMBOREE ROAD
REHABILITATION FROM E. COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD — CONTRACT
NO. 3242
NOVEMBER 23, 1998
Page 2
Funding
Funds for this project are available in Account No. 7181- C5100480, PAVEMENT
MANAGEMENT PROGRAM FY 1998 -99 MAJOR MAINTENANCE, Jamboree Road
Rehabilitation, East Coast Highway to San Joaquin Hills Road.
Respectfully submitted,
PUBLIMORKS DEPARTMENT
Don Webb. Director
Bill Patapoff `
City Engineer .
Attachment: Project Location Map
Professional Services Agreement
Exhibit "A" Scope of Services
Exhibit "B" Schedule of Hourly Billing Rates
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JAMBOREE ROAD REHABILITATION
FROM PACIFIC COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD
0 •
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 24th day of November, 1998, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and Berryman & Henigar, whose address is 2001 East First Street, Santa
Ana, California, 92705, (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 Street rehabilitation on Jamboree Road,
between East Coast Highway and San Joaquin Hills Road. ( "Project').
C. City desires to engage Consultant to provide professional engineering
design services for street improvements on Jamboree Road based upon
the terms and conditions contained in this Agreement.
D. The principal members of Consultant are for purpose of Project are
William Stracker, P.E., and Mohammed Rowther, P.E.
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.
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•
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 24th day of November, 1998,
and shall terminate on the 301h 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, one hundred thirty -four Dollars ($ 37,134).
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
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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.
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
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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.
4.3 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor "), construction means, methods, techniques, sequences or procedures, or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
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
0 control of Consultant, except to the extent they are limited by statute, rule or regulation
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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 Mohammed Rowther, P.E., to be its
Project Manager. Consultant shall not bill any personnel to Project other than those
personnel 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.
&I
i
i
i
0
9
Consultant, at the sole discretion of City, shall remove from Project any of its
ipersonnel 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.
B. 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
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.
in
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,
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 negligent 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 •
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indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
0 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.
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 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
91
0
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).
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
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
N
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0
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any of the services to be performed under this Agreement, directly or indirectly, by
0 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
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
0 and has received from Consultant written consent for such changes.
-10-
•
C
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
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
field review 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 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
-11-
9
0 41
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
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
0 Agreement.
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0 0
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
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
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.
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0 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: William E. Stracker, P.E.
Senior Vice President
Berryman & Henigar
2001 East First Street
Santa Ana, CA 92705
(714) 568 -7300
Fax (714) 836 -5906
0 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
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
-14-
• •
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.
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
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compared to contractor bids or actual cost to City.
. 31. CADD DELIVERABLES
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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
patent, trademark, or copyright infringement, including costs, contained in Consultant's
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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: CITY OF NEWPORT BEACH
A Municipal Corporation
By: By:
Robin Clauson Mayor
Assistant City Attorney City of Newport Beach
ATTEST: CONSULTANT
By: By:
LaVonne Harkless William E. Stracker, P.E.
City Clerk Senior Vice President
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City of Newport Beach
Jamboree Road Rehabilitation
The following is our proposed approach for
the design development and preparation of
construction documents for Jamboree Road
Rehabilitation in the City of Newport Beach.
PROJECT SCOPING MEETING
Upon receipt of the Notice to Proceed,
Berryman & Henigar will set up a kick -off
meeting with the City staff to discuss the
detailed scope of work and schedule of
milestone dates. We will also review the
project objectives, budget, design criteria,
permit requirements (such as the Coastal
Development Permit), and any potential
problems which may require early lead time
or mitigation.
DOCUMENT RESEARCH
Berryman & Henigar staff will research City
records for "as- built" street improvement
plans, bench mark locations, monument
information, pavement delineation plans,
geotechnical information, and other data
that may be pertinent to the project. Letters
will be sent to all agencies known to be
providing utilities and services or to be
operating within the project area. This letter
will include the project schedule and a
request for existing plans. The existing
utility services will be added to the project
plans.
DESIGN SURVEY
A field topographic survey will be conducted
to locate and detail all pertinent existing
improvements within the street right -of -way
including curb, manholes, valves, vaults, pull
boxes, catch basins, driveways, aprons,
back of walk, handicap ramps, above
ground utilities including poles, street light
and traffic signals, etc. Cross section
elevations will be taken at approximately
100 -foot intervals and will include top of
curb, gutter flowline and lip, back of walk,
and any grade breaks. Roadway
improvements will be surveyed to join with
0 SECTION 6
SCOPE OF SERV ICES
the new design. Elevations along a 10' by
10' grid will be obtained at the
intersection of San Joaquin Hills Road
and Jamboree Road to provide for an
analysis of the intersection geometrics.
MONUMENT PRESERVATION
Existing street centerline monuments will be
tied out prior to any construction activities
and will be properly documented and filed
with the County Surveyor as record
information.
BASE MAP DEVELOPMENT
Base plans shall be generated from, existing
plans and other information furnished by the
City, field survey, and data gathered by field
review. The plans will be prepared utilizing
AutoCAD computer aided drafting (CAD)
with Softdesk Civil Design software. The
base plans will be generated at a scale of
111=40'.
FIELD REVIEW
A field review will be performed after
preparation of the base plans to verify
topography within the roadway (i.e.,
manholes, valve boxes, driveway locations,
etc.), verify locations of existing striping,
pavement marking and loop detectors and
limits of pavement reconstruction.
SAN JOAQUIN HILLS ROAD AND
JAMBOREE ROAD INTERSECTION
ANALYSIS
Develop a 20 scale intersection grid plan
with possible 10 scale "blow -ups" to
review the elevations and analyze the
roadway geometrics for this location.
This analysis will include drainage and
safety issues.
1 \prop \civ \newpor beach \98w -0176 rehab\jamboree2 \06_scope2.doc 6 -1 Berryman & Henigar
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City of Newport Beach •
Jamboree Road Rehabilitation
GEOTECHNICAL INVESTIGATION
Field Exploration
NINYO & MOORE will drill 2 shallow
borings within the project limits. Borings will
be excavated to a depth of about 10 feet
below existing ground surface. Two
additional borings will be drilled to a
depth of 5 feet to determine pavement
thickness at other locations along the
road at the direction of the Engineer.
NINYO & MOORE will contact City
representatives for information regarding
buried utilities and structures. They will also
notify Underground Service Alert (USA) to
coordinate with utility companies to clear
underground conduits and subsurface
structures in the vicinity of planned boring
locations.
Where proposed borings will penetrate
existing pavements, the thickness of
pavement section will be measured and
recorded. Subsurface conditions
encountered during exploration will be
logged by our field personnel. Bulk samples
of representative soil types will be obtained
in the borings. Earth materials encountered
will be classified in accordance with the
Unified Soil Classification System (ASTM
D2488). Samples will be packaged, labeled,
and transported to the laboratory for testing.
Upon completion of drilling and sampling,
borings will be backfilled with on -site
excavated materials. Where existing
pavements are penetrated, the upper 6
inches near street grade will be patched with
cold -mix asphalt concrete or quick -set
cement.
Laboratory Testing and Analysis
Samples obtained in the field will be tested
in the laboratory to evaluate their subgrade
support properties. Laboratory testing will
include moisture, dry density, wash sieve
(No. 200) analysis, corrosivity, compaction,
and a resistance "R" value test. Laboratory
• SECTION 6
SCOPE OF SERVICES
testing will be performed in general
accordance with applicable procedures of
the current American Society for Testing and
Materials (ASTM), California Department of
Transportation (Caltrans) Test Method
(CTM), or other approved test standards.
Investigation Report
Based upon results of the field exploration
and laboratory testing, we will analyze the
information developed through our
investigation or otherwise available to us,
including those aspects of the subsurface
conditions that may affect design and
construction of the project adjacent to the
median. NINYO & MOORE will submit a
report summarizing our findings and
recommendations. Four copies of the report
will be submitted. The report will address
the following items:
• A summary of the measured thickness of
existing structural sections at the
exploratory locations.
• A description of subsurface conditions
adjacent to the landscaped medianand
controlling engineering properties of the
encountered materials, including
documentation of boring and sampling
locations, and laboratory test results.
• Evaluation of pavement, including
support characteristics of subgrade,
preparation of subgrade, and structural
sections of asphaltic concrete and base
course on the basis of Traffic Indices
(Tls) to be provided by the City.
• Geotechnical requirements and
compaction criteria for construction of
street subgrade and pavement sections.
• Recommendations for post- investigation
services.
Schedule
Ninyo & Moore estimates the completion of
field work to Report will take about 6 weeks.
f: \prop \civ\newportbeach \96w -0176 rehab \jamboree2 \06 scope2.doc 6-2 Berryman & Henigar
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City of Newport Beach •
Jamboree Road Rehabilitation
PAVEMENT REHABILITATION PLANS
Pavement rehabilitation plans will be
prepared on the 40 -scale base maps for this
project. The improvement plans will be
based on 2 inches of asphalt concrete over
fabric, the Materials Report prepared by
NINYO & MOORE, and on the field review
by Berryman & Henigar staff. The plans will
include:
• title sheets;
• typical cross - sections;
• limits of crack seal, pavement removal
and reconstruction, and asphalt concrete
overlays;
• limits of cold milling along curb and
gutter, median gutter, cross - gutters and
project limits;
• adjustment to grade for utility vaults and
manhole frame and cover;
• reinstallation of traffic signal loop
detectors as necessary based upon
City's striping plans.
Striping And Pavement Marking Plans
Striping and pavement marking plans will
be provided by the City. The plan will
include the necessary details for the
replacement of existing traffic signal loop
detectors as needed along Jamboree Road.
Stage Construction And Traffic Control
Stage construction and traffic control
requirements will be outlined in the Special
Provisions so that the construction
contractor can prepare plans delineating the
work to be performed in each phase of
construction and showing how the traffic is
to be handled during construction.
UTILITY NOTIFICATIONS
B &H staff will send out second notices with
two sets of preliminary plans to all affected
utilities and other agencies for their review
of the proposed improvements, and will
incorporate comments received into the final
design.
• SECTION 6
SCOPE OF SERVICES
COST /QUANTITY ESTIMATES AND
SPECIFICATIONS
Cost/Quantity Estimates shall be prepared in
a unit price format indexed for easy
updating. City's Standard Specifications
shall be provided by the City and
incorporated into the contract documents.
The consultant will provide the Special
Provisions specifically for the project.
70% SUBMITTAL
The 70% Submittal to the City for review and
comments will include two sets of the
following:
1. Title Sheet.
2. Preliminary Street Improvement Plans..
3. Detail and Sections.
4. Preliminary Quantity and Cost Estimate.
5. Initial results of the soils evaluation will
be discussed to determine design
parameters.
A comment review meeting is anticipated
after receiving comments back from the City.
100% SUBMITTAL
The 100% submittal to the City will include
the final plans, complete draft specifications,
draft special provisions, and final quantities
and cost estimates. All previous design
comments and all design related issues will
be addressed with this submittal. A
comment review meeting with the City is
anticipated after receiving comments back
from the City.
FINAL SUBMITTAL PACKAGE
Prepare final plans, specifications, and
estimates City staff and utility companies'
review comments.
Send out final utility notices and plans for
approval, and to obtain the necessary
permits, where applicable.
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City of Newport Beach 0 . SECTION 6
Jamboree Road Rehabilitation SCOPE OF SERVICES
Submittal of Final Plans, Specifications, and
Estimate (PS&E) will include the following:
1. Submit all pertinent design
correspondence, including responses
from utilities.
2. Original mylar and two sets of Street
Improvement Plans.
3. Original and two sets of specifications
4. Cross - sections and working drawings.
5, Cost Estimate and all backup materials
6, Electronic files of CAD drawings
(AutoCAD) and specifications (Microsoft
Word or WordPerfect).
7. City's red -line comments on the
Preliminary Plan Submittal.
BID PHASE AND CONSTRUCTION
SUPPORT
Attend pre - construction meeting.
Berryman & Nenigar staff will be available
throughout the bidding and construction phase
of the project for plan interpretations and tech-
nical support.
Provide engineering assistance in change
order work initiated by the City or variation of
submittal packages due to funding source
changes.
Prepare Project Record Drawings from the
Contractor's red -lined blueprints on the
original signed mylars.
/:lprop\civ newportbeach198w.0176 rehabljamboree2106 scope2.dac 6 -4 Berryman & Henigar
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City of Newport Beach •
Jamboree Road Rehabilitation Project
BERRYMAN 8 HENIGAR
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HOURLY RATE SCHEDULE
EQUIP ENT: HOt1RLY
TYPE RATE
Dynaflect 125.00
Inroads CADD Design 24.00
Microstation CADD Drafting 12.00
Plotter 11.00
Out -of- pocket expenses (blueprinting, reproduction, and printing) will be invoiced at cost
plus 15 %. A 15% fee for administration, coordination and handling will be added to
subcontracted services. Mileage will be invoiced at $0.36 /mile. Scheduled overtime will be
performed at 125 %. Rates may be adjusted after that date to compensate for labor cost
increases and other increases due to inflationary trends.
/: 1prop \civ \newportbeach \98w-0176 rehab \prof d \appx_rale.doc
Berryman & Henigar
HOURLY
IiOIJRLY
CLASSIFICATION
RATE_
CLASSIFICATION
RATE
Principal Consultant
146.00
Technician 1
35.00
Principal Engineer
135.00
Licensed Land Surveyor
87.00
Senior Associate
113.00
Supervising Land Surveyor
81.00
Senior Engineer
103.00
2- Person Survey Crew
163.00
Engineer III
92.00
3- Person Survey Crew
198.00
Engineer II
81.00
Senior Survey Analyst
81.00
Engineer 1
70.00
Survey Analyst
70.00
Planner II
81.00
Senior Inspector
70.00
Planner 1
70.00
Inspector
60.00
Senior Designer
87.00
Senior Contract Administrator
71.00
Designer
70.00
Contract Administrator
61.00
Senior Draftsperson
60.00
Building Official
94.00
Draftsperson
48.00
Senior Programmer
76.00
Engineering Assistant
60.00
Programmer
60.00
Plan Checker IV
92.00
Cadd Designer
81.00
Plan Checker III
81.00
Cadd Operator II
70.00
Plan Checker 11
76.00
Cadd Operator 1
60.00
Plan Checker 1
70.00
Word Processor 111
60.00
Technician VI
76.00
Word Processor 11
48.00
Technician V
65.00
Word Processor 1
39.00
Technician IV
55.00
Clerical
33.00
Technician III
46.00
Technician II
39.00
EQUIP ENT: HOt1RLY
TYPE RATE
Dynaflect 125.00
Inroads CADD Design 24.00
Microstation CADD Drafting 12.00
Plotter 11.00
Out -of- pocket expenses (blueprinting, reproduction, and printing) will be invoiced at cost
plus 15 %. A 15% fee for administration, coordination and handling will be added to
subcontracted services. Mileage will be invoiced at $0.36 /mile. Scheduled overtime will be
performed at 125 %. Rates may be adjusted after that date to compensate for labor cost
increases and other increases due to inflationary trends.
/: 1prop \civ \newportbeach \98w-0176 rehab \prof d \appx_rale.doc
Berryman & Henigar