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C-3507 - Amendment No 1-2, PSA for Mariners Village Improvement Project
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS THIS AMENDMENT !! NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this, T /.. day of 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and METROPOINTE ENGINEERS, whose address is 3151 Airway Avenue, Suite J -1, Costa Mesa, California, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On January 22, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for Engineering Design services for the Mariners Village Improvement Project, hereinafter referred to as "PROJECT'. B. KIRBY & COMPANY is listed in the AGREEMENT as a Subconsultant providing their professional consulting services to METROPOINTE ENGINEERS. C. CITY and CONSULTANT have entered into one previous AMENDMENT of the AGREEMENT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 2," as provided here below. E. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to December 31. 2001 1] F. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 2 according to "Exhibit A" dated June 13, 2003, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 2 shall not exceed Seven Thousand, Five Hundred and Thirty Dollars ($7,530). 2003. 3. The term of the AGREEMENT shall be extended to December 31, 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: By' C, r Z14e� By: City Attorney ATTEST: LaVonne Harkless City Clerk 0 CITY OF NE A municipal City of METROPOINTE ENGINEERS fAuserslpbwt hared) greemenl 01 -0Zmetropointe- manners village -no. 2.doc wn neer✓. �'�` r June 13, 2003 City of Newport Beach Mr, Tony Brine P.O. Box 1768 Newport Beach, CA 92658 Subject: Additional Budget Request — Amendment No. 2 Landscape Additional Scope of Services Dear Tony MetroPointe Engineers is requesting a contract amendment for additional budget to perform additional scope of services for landscaping as described in the attached letter, dated June 9, 2003 from Kirby & Company. The additional amount of this request is $7,530. We are also requesting the amendment extend the contract period from it's present termination of September 1, 2003 to December 31, 2003 to ensure the entire construction period is covered Please call me if you have questions or require additional information. Sincerely, r� i. Marie Marston, P.E. Project Manager EXHIBIT A 3151 Airway Avenue • Suite 1 -1 • Costa Mesa, CA 92626 Bus: (714) 438 -1095 Fax: (7'14) 438 -1097 0 June 9, 2003 Ms. Marie Marston MetroPointe Engineers, Inc. 3151 Airway Avenue, Suite J -1 Costa Mesa, California 92626 r'JUJ Regarding: Mariner's Village: Coast Highway Streetscape Revisions (MML002A) Dear Marie: Enclosed is the Addendum to Subconsultant Professional Services Agreement for revisions on the above referenced project. As requested, Kirby & Company prepared exhibits for presentation to the Mariner's Mile Business Owners Association and attended an additional meeting on 8 / 12 / 02 to discuss the impact of the CalTrans comments. This resulted in the decision to pursue a variance from CalTrans regarding the line of sight requirements along Coast Highway. Additionally, we attended another extra meeting on 7/23/02 to review the potential landscape easements with property owners. The original agreement included three plan check revisions, which were performed in July, August and November of 2002. During the plan check process in April 2003, the City and CalTrans requested additional revisions to the landscape construction documents. Please call me at 949 / 376 -1695 with any question you may have about the enclosed. Thank you. With regards, Kirby & Company le n al Enclosures. cc: Tony Brine, City of Newport Beach (with enclosures) KIRBY & COMPANY 118 Cameray Heights Pro: 949 - 376 -1695 Laguna Niguel, California 92677 Fax: 949- 240 -9986 0 0 ADDENDUM TO SUBCONSULTANT PROFESSIONAL SERVICES Project Name: Mariner's Village: Coast Highway Streetscape Revisions Kirby & Co. Project Number: MM1,002A Date: June 9, 2003 This addendum by and between MetroPointe Engineers, Inc. (Consultant) and Kirby & Company (Subconsultant) is for the Sub consultant to perform extra services on the subject project. SCOPE OF SERVICES Task I. Landscape Exhibits & Revisions Consultant will: Identify areas for landscape easements to accommodate landscape improvements on private property and attend extra meeting to review plan with property owners. Provide easement locations to Consultant for reference to prepare easement documents. 2. Visit the site to explore revised palm locations as requested by the City. Revise irrigation documents to accommodate new palm locations. Based on CalTrans plan check comments, prepare photographic exhibits and plan overlay exhibits on the landscape documents for presentation to the MMBOA. These plans were used to discuss the options and approach to be taken with CalTrans on subsequent submittals and to request a variance for the line of sight. 4. Prepare for and meet with the MMBOA one time in excess of original scope of work. Task II. Revisions to Landscape Construction Documents Consultant will: 1. Revise irrigation and planting construction documents to delete palms at the Coast Highway setback and the median per CalTrans plan check. 2. Coordinate with City staff on requested irrigation and landscape revisions. 3. Revise description of landscape estimate for bid purposes based on revisions requested by CalTrans and the City to landscape and irrigation construction documents. Page 1 • 14ject Number: MML002A June 9, 2003 4. Per City request, visit site to review the existing Trachycarpus fortunei palms for added scope. Add note to landscape construction documents to box and relocate of the existing palms per City request. Revise irrigation and electrical construction documents to respond to revision in City criteria for irrigation documents. 6. Coordinate revisions with the project team. REIMBURSABLE COSTS: The following costs shall be reimbursed at cost and are not included in the Fee for Professional Services: A. Cost of copies of drawings, specifications, reports and cost estimates; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract. Estimate $680. Please refer to 'Compensation for Professional Services' for the estimate of Reimbursable Costs. COMPENSATION FOR PROFESSIONAL SERVICES Services described above shall be provided based on a fixed fee basis as follows: Task Description Fee /Phase Task I. Landscape Exhibits & CalTrans Revisions a. Landscape $2,400 b. Irrigation 1,560 Task II. Revisions to Landscape Construction Documents a. Landscape 1,400 b. Irrigation 1_,490 Fee Total $6,850 Reimbursable Expenses 680 Total $7,530 Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work complete. Reimbursable Costs shall be billed with fee invoices. REVOCATION: This proposal shall be considered revoked if acceptance is not received within 60 days of the date hereof. Page 2 AA-CORD, CERTIFICAW- OF LIABILITY INSUOINCE DATE(MMJDDIYY) 03/03/2003 PaomlcEa�949) 263 -0606 FAX (949)263 -0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Complete Insurance,' Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR California 001 #0437762 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. X00 Quail St., Suite 410 INSURERS AFFORDING COVERAGE .wpur It Beach, CA 92660 INSURED Metro Pointe Engineers, Inc. INSURER A: American Manufacturers Mutual 3151 Airway Avenue INSURER B: American Motorists Ins. Co. Suite 3 -1 INSURER C: (c /o Kemper KSA) Costa Mesa, CA 92626 INSURER D: I INSURER E: 1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM1ODffYl POLICY EXPIRA N DATE MMID I LIMITS GENERAL LIABILITY 7RES2632500 02/23/2003 02/23/2004 EACH OCCURRENCE $ 11000,000 FIRE DAMAGE (Any one lire) $ 500,000 GENERAL LIABILITY JINEPrIAL CLAIMS MADE XOOCCUR MED EXP(Any one Person) $ 10,000 PERSONAL& ADV INJURY 3 1,000,000 .t GENERAL AGGREGATE $ 2,000,000 EN L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGO $ 2,000,000 POLICY PRO LOD JFCT I AUTOMOBILE LIABILITY ANY AIi TO 7RE826325D0 02/23/2003 02/23/2004 COMBINED SINGLE LIMIT (EaaCOnt) de $ 1,000,000 BODILY INJURY (Per Person) 3 At O:n:EDAUTOS SCHFOULED AUTOS A X BODILY INJURY (Per accident) 3 HIRED AUTOS NT�N O " /.wEO AUTOS % PROPERTY DAMAGE (Par accident) S I_ �� GARACIR, IABILITY AUTO ONLY- EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY AGO EXCESS LIABILITY 7RE8263ZSOO 02/23/2003 02/23/2004 EACH OCCURRENCE 3 1,000,000 X Ii4f.�IP CLAIMS MADE AGGREGATE $ 1,000,000 A I` _ OEUUCTIPLE 3 3 R [1rEN710N 3 WORKERS COMPENSATION AND 7CW6183ZO03 02/23/2003 02/23/2004 X I WLIAI TORY LIMIT$ I ER B EMPLOYERS LIABILITY E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EACMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,OOD -- OTHER 30 day notice applies to non - payment and /or non - reporting DESCRIPTION OF OPERATIONSILOCATIONSMEMICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS erti ficate holder is additional insured as respects general liability but only if required by written nntract with the named insured prior to an occurence and as per coverage form BP7434. Waiver of Subrogation Endt. WC040306 included respects Work Comp only. Coverage subject to all policy terms and conditions. RE: Phase I Mariners Village aLOl �b3 CERTIFICATE HOLDER City of Newport Beach, its elected officials officers, agents, representatives and employees Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658 -8915 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL■NWXDORX0D MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. t7t9YULDKB(104Y4i0)dIdCM 07710> 315( 041p707iDOElYDA )77XIX1tWf>R7WW1.147L X IIKADk 00M Vbk XAFY](I KWINY Y0IBNX$(7RL98P1K9EI0Y.481VI1 X X X X X X ARCHITECTS AND 10GINEERS PROGRAM ENDORWENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: Metro Pointe Engineers, Inc. American Manufacturers POLICY NUMBER: 7RE82632506 Mutual Insurance Co. POLICY PERIOD: 02/23/03 to 02/23/04 ADDITIONAL INSURED: City of Newport Beach, its elected officials, officers, agents, representatives and employees 'this endorsement modifies insurance provided under the following: 13USINESSOWNERS POLICY A. Additional Insured: The following is added to the Businessowners Liability Coverage Form, BP 71 08; Item 5. Of Section C. — WHO IS AN INSURED, is deleted and replaced by the following: Additional Insureds— By Contract, Agreement Or Permit Any person or organization to whom or to which you are obligated by virture of a written contract. agreement or permit to provide such insurance as affored by this policy is an insured, but only with respect to liability arising out Of a. "Your work" for that insured by you; b. Permits issued by state or political subdivisions for operations performed by you: or c. Prem ises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the '"bodily injury,' "property damage," "personal injury" or "advertising injury." B. Primary Coverage: With respect to claims arising out of the operations of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional Insureds. C. Waiver of Subrogation: Paragraph 2., of the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition, of the Businessowners Common Policy Conditions, BP 71 10, is deleted and replaced by the following: 2. Applicable to Businessowners Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. After a loss you may waive your rights against another party in writing, only if, at the time of the loss, that party is one of the followine: A business firm: I) Owned or controlled by you; or 2) That owns or controls you. Countersigned by Authorized Representative BP 7414 ( F.d. 07 99) Abbreviated Printed in U.S.A. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 02/23103 Policy No. 7CW61832003 Endorsement No. 1 Insured MetroPointe Engineers, Inc. Premium Insurance Company AMERICAN MOTORISTS INSURANCE COMPANY (AMICO) Countersigned by 6= � / SCHEDULE Person or Organization Job Description Anyone for whom the Named Insured has agreed to furnish this Waiver We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers compensation premium otherwise due on such remuneration. Subject to minimum premium of $100.00. THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE C' DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) k' G C W ACORDM C_ ERTIFICA& OF LIABILITY INSU&NCE OATS 3 /200 ) 03/03/2003 7DUCea (949)263 -0606 FAX (949)263 -0906 Impl ete Insurance, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR alifornia 001 #0437762 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10 Ouail St., Suite 410 INSURERS AFFORDING COVERAGE ewport Beach, CA 92660 LIMITS uRED Metro Pointe Engineers, Inc. INSURER A: Lumbermens Mutual Casualty Co. 3151 Airway Avenue INSURERB: (c /o Kemper KSA) Suite 3-1 1 INSURER C'. Costa Mesa, CA 92626 INSURER D: INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA'r' PER fAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTq TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDM POLICY EXPIRATION DATE MMIDO/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE Any one fire) $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR MED EXP (My one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ +OL:CY PRO LOC lEC AUTOMOBILE _ LIABILITY ti: nb r0 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ AUTO$ S_.HEOTLED AUTOS BODILY INJURY (Per acc Cisrt ; $ H In CO AIITO$ v:. = TfMED AUTOS PROPERTY DAMAGE (Per atnEenl; $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ ..NY AUTO $ AUTO ONLY ADD EXCESS LIABILITY EACH OCCURRENCE $ IR O CLAIMS MADE AGGREGATE $ b _ $ DEDUCTIBLE $ RF TENTION WORKERS COMPENSATION AND I TORY OMITS ER EMPLOYERS' LIABILITY E L EACH ACCIDENT Y E.L. DISEASE EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ orHER� Professional Liability L00040801 02/23/2003 02/23/2004 SS,000,000 Per Claim A $5,000,000 Aggregate OF OPERATIONS 40CATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS �DESCRIPTION 0 day notice Endt. PL740S included - 10 day notice applies to non - payment of premium F.: Phase I Mariners Village a \01,03 CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION City of Newport Beach, its elected officials, officers, agents, representatives and employees Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658 -8915 3alaylal SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 12., (_,0 x;' Kemper 0 ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY LUMBERMENS MUTUAL CASUALTY COMPANY NAMED INSURED: MetroPointe Engineers, Inc. POLICY NUMBER: QL00040801 POLICY PERIOD: 02/23/03 to 02/23/04 NOTICE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY POLICY It is agreed that this policy will not be cancelled by the Company until 30 days prior written notice is given to: City of Newport Beach, its elected officials, officers, agents, representatives employees All other provisions of this policy remain unchanged. PL 74 05 (Ed. 05 99) Printed in USA CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT PA -�b2 (1h�� °� Agenda Item No. 13 June 24, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Antony Brine, Principal Civil Engineer 949 -644 -3311 tbdne@city.newport-beach.ca.us SUBJECT: MARINERS VILLAGE LANDSCAPE IMPROVEMENTS — AWARD OF CONTRACT NO. 3612 — APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Affirm Categorical Exemption for the work. 3. Award Contract No. 3612 to Belaire -West Landscape, Inc. for the Total Bid Price of $295,940, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $29,594 to cover the cost of unforeseen work. 5. Approve Amendment No. 2 to the Professional Services Agreement with MetroPointe Engineers for the Mariners Village Improvement Project at a contract price of $7,530 and authorize the Mayor and the City Clerk to execute the Amendment. 6. Approve a Budget Amendment of $55,064 from the unappropriated balance of the General Fund to Account No. 7014- C2700500 to pay for additional design and construction costs. DISCUSSION: At 11:00 A.M. on June 10, 2003, the City Clerk opened and read the following bid for this project: BIDDER Belaire -West Landscape, Inc. TOTAL BID AMOUNT $295,940.00 Subject: Mariners Village Landscape Improvements — Award of.Contract No. 3612 — Approve Amendment No. 2 to Professional Services Agreement with MetroPointe Engineers June 24, 2003 Page: 2 Only one bid was received and it was 8% higher than the engineer's estimate. This project provides for the installation of new landscaping and irrigation equipment along the northerly sidewalk of Coast Highway from Riverside Avenue to approximately 600 feet south of Tustin Avenue. The landscaping improvements consist of twenty -two (22) Washingtonia Robusta palm trees — 30 feet in height -- and low height shrubs. The palm trees will be located in 5 -foot by 5 -foot planter areas with tree grates or shrub plantings at the base of the trees. Work will also include the removal and replacement of concrete sidewalk, and trenching of AC pavement in Coast Highway to install irrigation crossovers. There is also minor traffic signal modification work involved in the contract. Staff considered a rejection of the bid, and a re -bid of the project. However, there are some potential drawbacks to a re -bid which made us consider the option to accept the submitted bid. When projects are re -bid, experience shows that bids often come in higher the second time. Also, re- advertising and bidding the project in this case would push back the construction schedule into the Christmas shopping season. Some of the business owners in the Mariners Village had some strong concerns with the potential impacts of construction continuing beyond November, with the Boat Parade and a new retail business opening. Staff also reviewed the submitted bid with General Services, who concurred that the bid was reasonable given the complexity and size of the project. Staff called a number of the contractors who picked up plans and specifications, but did not bid on the project, to determine if they would bid if the project was re- advertised. The contractors stated that they did not bid, and probably would not bid again for different reasons: the plans were in metric, the amount of landscaping was small, many different types of work involved, too busy, small profit. The low bidder, Belaire -West Landscape, Inc., possesses a General Engineering "A" contractor's license as required by the project specifications. Belaire -West Landscape has significant experience in completing projects on Caltrans facilities. Given all of the above factors, it was decided to accept the submitted bid. Staff is requesting the appropriation of $55,064 from the unappropriated balance of the General Fund to cover the additional construction costs included in the bid, and the additional design costs included in Amendment No. 2 with MetroPointe Engineers. During the completion of the final construction plans and specifications, the City and Caltrans required additional revisions to the landscape construction documents. MetroPointe- Engineers performed the extra services required to complete the documents for a total fee of $7,530. A copy of the scope of the additional services, and the Amendment No. 2 are attached for your review. Subject: Mariners Village Latcape Improvements — Award of Contract No. 301 — Approve Amendment No. 2 to Professional Services Agreement with MetroPointe Engineers June 24, 2003 Page: 3 Environmental Review: A Categorical Exemption, Section 15303, Class 3, was filed with the County Clerk on May 10, 2002 for this project. Funding Availability Upon approval of the recommended Budget Amendment there will be sufficient funds available in the following account for the work: Account Description General Fund Prepared by: !l Y Antony Brine, Ff.E. Principal Civil Engineer Account Number Amount 7014- C2700500 $333,064 Submitted by: atepnen aoum Public Wr6rks Director Attachments: Location Map Amendment No. 2 with MetroPointe Engineers Budget Amendment Project Description 41 The Mariner's Village Public Improvements Plan proposes enhanced public improvements within the existing public right of way of East Coast Highway, Riverside Avenue, Tustin Avenue and Avon Street. Additionally, improvements are planned within the alley connecting Riverside and Tustin Avenues and the municipal parking lot located east of Tustin Avenue. The proposed improvements are generally described as follows: Within the East Coast Highway right -of -way: 1. Washington Robusta (Mexican Fan) palm trees and Ligustrum (Privet) hedge planters will be placed in regular intervals along the northerly sidewalk between Riverside and Tustin Avenues. 2. The existing landscaped median between Riverside and Tustin Avenues will be enhanced with additional plantings. 3. Two existing painted medians (one east of Tustin Avenue and one west of Riverside Avenue) will be landscaped. Within the Riverside Avenue, Tustin Avenue, Avon Street and alley rights -of -way: 1. Street trees with tree grates and additional planter extensions will be placed within the existing sidewalk areas. 2. Pedestrian -scale street lighting and street fumiture will be added. Within the existing municipal parking lot 1. Shade trees and shrub plantings will be added without reducing parking. 2. Pedestrian -scale lighting for enhanced security will be added. Mariner's Village Public Improvement Plan RN'cR51DE AVE ,.a � ✓cr,s— r ALLEY, \ LEY: t� ,� w x '�` _ 0 \ \��s7US71N AVE '�!J✓, h,`\�l � / e J 200 0 200 400 600 Feet • • AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and METROPOINTE ENGINEERS, whose address is 3151 Airway Avenue, Suite J -1, Costa Mesa, California, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On January 22, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for Engineering Design services for the Mariners Village Improvement Project, hereinafter referred to as "PROJECT ". B. KIRBY & COMPANY is listed in the AGREEMENT as a Subconsultant providing their professional consulting services to METROPOINTE ENGINEERS. C. CITY and CONSULTANT have entered into one previous AMENDMENT of the AGREEMENT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 2," as provided here below. E. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to December 31, 2003. 0 0 F. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 2 according to "Exhibit A" dated June 13, 2003, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 2 shall not exceed Seven Thousand, Five Hundred and Thirty Dollars ($7,530). 2003. 3. The term of the AGREEMENT shall be extended to December 31, 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: By: By: City Attorney ATTEST: By: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, A municipal corporation Mayor City of Newport Beach METROPOINTE ENGINEERS f:Wsers\pbw\shared \aoreemenls \fy 01-Mm wointe - mariners VAI.p - no. 2.doc • rote'. June 13, 2d03 City of Newport Beach Mr. Tony Brine P.O. Box 1768 Newport Beach, CA 92558 Subject: Additional Budget Request— Amendment No. 2 Landscape Additional Scope of Services Dear Tony: MetroPointe Engineers is requesting a contract amendment for additional budget to perform additional scope of services for landscaping as described in the attached letter, dated June 9, 2003 from Kirby & Company, The additional amount of this request is $7,530, We are also requesting the amendment extend the contract period from it's present termination of September 1, 2003 to December 31, 2003 to ensure the entire construction period is covered. Please call me if you have questions or require additional information. Sincerely, Marie Marston, P.E. Project Manager EXHIBIT A 3151 Airway ,Avenue • Suite J -1 • Costa Mesa, CA 92626 Bus: (714) 435 -1095 Fax: (7'14) 438 -1097 0 0 June 9, 2003 - Ms. Marie Marston MetroPoin.te Engineers, Inc. 3151 Airway Avenue, Suite J -1 Costa Mesa, California 92626 Regarding: Mariner's Village: Coast Highway Streetscape Revisions (MML002A) Dear Marie: Enclosed is the Addendum to Subconsultant Professional Services Agreement for revisions on the above referenced project. As requested, Kirby & Company prepared exhibits for presentation to the Mariner's Mile Business Owners Association and attended an additional meeting on 8 /12/ 02 to discuss the impact of the CalTrans comments. This resulted in the decision to pursue a variance from CalTrans regarding the line of sight requirements along "Coast- Highway. Additionally, we attended another extra meeting on 7/23/02 to review the potential landscape easements with property owners. The original agreement included three plan check revisions, which were performed in July, August and November of 2002. During the plan check process in April 2003, the City and CalTrans requested additional revisions to the landscape construction document;. Please call me at 949 / 376 -1695 with any question you may have about the enclosed. Thank yon:. With regards, Kirby & Company ene :Kirby Principal Enclosures. cc: Tony Brine, City of Newport.Beach (with enclosures) KIRBY & COMPANY 118 Cameray Heights Pho: 949 -376 -1695 Laguna Niguel, California 92677 Fax: 949 -240 -9986 ADDENDUM TO SUBCONSULTANT PROFESSIONAL SERVICES Project Name: Mariner's Village: Coast Highway Streetscape Revisions Kirby & Co. Project Number: MML002A Date: June 9, 2003 This addendum by and between MetroPointe Engineers, Inc. (Consultant) and Kirby & Company (Subconsultant) is for the Sub consultant to perform extra services on the subject project. SCOPE OF SERVICES Task I. Landscape Exhibits & Revisions Consultant will: 1. Identify areas for landscape easements to accommodate landscape improvements on private property and attend extra meeting to review plan with property owners. Provide easement locations to Consultant for reference to prepare easement documents. 2. Visit the site to explore revised palm locations as requested by the City. Revise irrigation documents to accommodate new palm locations. 3. Based on CalTrans plan check comments, prepare photographic exhibits and plan overlay exhibits on the landscape documents for presentation to the MMBOA. These plans were used to discuss the options and approach to be taken with CalTrans on subsequent submittals and to request a variance for the line of sight. 4. Prepare for and meet with the MMBOA one time in excess of original scope of work. Task II. Revisions to Landscape Construction Documents Consultant will: Revise irrigation and planting construction documents to delete palms at the Coast Highway setback and the median per CalTrans plan check. 2. Coordinate with City staff on requested irrigation and landscape revisions. 3. Revise description of landscape estimate for bid purposes based on revisions requested by CalTrans and the City to landscape and irrigation construction documents. Page 1 • 4Project Number: MML002A June 9, 2003 4. Per City request, visit site to review the existing Trachycarpus fortunei palms for added scope. Add note to landscape construction documents to box and relocate of the existing palms per City request. 5. Revise irrigation and electrical construction documents to respond to revision in City criteria for irrigation documents. 6. Coordinate revisions with the project team. REIMBURSABLE COSTS: The following costs shall be reimbursed at cost and are not included in the Fee for Professional Services: A. Cost of copies of drawings, specifications, reports and cost estimates; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract. Estimate $680. Please refer to 'Compensation for Professional Services' for the estimate of Reimbursable Costs. COMPENSATION FOR PROFESSIONAL SERVICES Services described above shall be provided based on a fixed fee basis as follows: Task Description Fee /Phase Task I. Landscape Exhibits & CalTrans Revisions a. Landscape $2,400 b. Irrigation 1,560 Task H. Revisions to Landscape Construction Documents a. Landscape 1,400 b. Irrigation 1,490 Fee Total $6,850 Reimbursable Expenses 680 Total $7,530 Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work complete. Reimbursable Costs shall be billed with fee invoices. REVOCATION: This proposal shall be considered revoked if acceptance is not received within 60 days of the date hereof. Page 2 16ty of Newport Beach` BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 082 AMOUNT: gss,osa.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditures for the Mariners Village Landscape Improvements, C -3612. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Signed Administrative Services Director Signed: welb'"^ /C. , Administrative Appr9dal: City Signed: City Council Approval: City Clerk Amount Debit Credit $55,064.00 Automatic $55,064.00 Date Dilie, Date Description Division Number 7014 Miscellaneous & Studies Account Number C2700500 Economic Development - Mariners Mile Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed Administrative Services Director Signed: welb'"^ /C. , Administrative Appr9dal: City Signed: City Council Approval: City Clerk Amount Debit Credit $55,064.00 Automatic $55,064.00 Date Dilie, Date #ty of Newport Beach* BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Pq Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 082 AMOUNT: $SS,o64.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditures for the Mariners Village Landscape Improvements, C -3612. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Division Number Description Division Number 7014 Miscellaneous & Studies Account Number C270D500 Economic Development- Mariners Mile Division Number Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Services Director City o ncil Appro�Ci lerk Amount Debit Credit $55,064.00 $55,064.00 —/� -0.3 Date 43- te U -d- 5-03 Date AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this lgtk day of 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and METROPOINTE ENGINEERS, whose address is 3151 Airway Avenue, Suite J -1, Costa Mesa, California, , (hereinafter referred to as "Consultant"), is made with reference to the following: RECITALS: A. On January 22, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for Engineering Design services for the Mariners Village Improvement Project, hereinafter referred to as "PROJECT ". B. CITY and CONSULTANT have entered into no previous AMENDMENTS of the AGREEMENT. C. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to September 1, 2003. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1 according to "Exhibit A" dated December 30, 2002, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 1 shall not exceed twenty -one thousand, eight hundred seventy and 001100 Dollars ($21,870.00). 3. The term of the AGREEMENT shall be extended to September 1, 2003. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: I� By: City A ey ATTEST: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, A municipal corporation A City of Newport Beach Consultant fAusemVbw \shared\agreements \fy 01- 02 \metropoihte - mariners village - no. 7.doc etroftnte 3151 Airway Avenue, Suite J -1 -En Ineers EXHIBIT A Costa Mesa, 4) 8-109 ® � Bus: (714) 438 -1095 IFF Fax: (714) 438 -1097 RECEIVEDBE CERTIFIED December 30, 2002 JAN - 2 2003 City of Newport Beach PUBLIC WORKS DEPARTMENT Mr. Tony Brine CITY OF NEWPORT BEACH P.O. Box 1768 Newport Beach, CA 92658 Subject: Additional Budget Request — Change Order No. 1 Easement Legal Descriptions and Exhibits Traffic Signal Conduit Relocation Dear Tony: MetroPointe Engineers is requesting a contract amendment for additional budget to research and prepare legal descriptions and exhibits for the required sidewalk easements and for the preparation of construction plans for the relocation of the existing Caltrans signal conduit. This was not included in our approved scope of work and contract. We have estimated the additional fee as $21,870. This includes obtaining preliminary title reports for nine properties (estimated at $500 each), reviewing the title reports, preparing legal descriptions and exhibits for easements on nine properties, preparation of construction plans by Austin -Foust Associates to relocate the traffic signal conduit, coordination, and reimbursables. Coordination costs include those associated between MetroPointe and the title company, with Austin Foust, with the City and with Caltrans for the preparation, review, revisions, and approvals to the easement documents and traffic signal conduit plans. Title Reports — Obtain and Review (9 properties) $ 5,490 (includes a 10% markup on the title company work and 6 labor hours) Legal Descriptions $ 4,950 (includes 60 labor hours for 9 properties) Exhibits $ 2,970 (includes 35 labor hours for 9 properties) Certification $ 2,970 (includes review and certification by a licensed land surveyor outside of MetroPointe's office, 3 hours per legal) Traffic Signal Conduit Relocation Plan (AFA) $ 2,400 (includes 24 labor hours) Markup on AFA $ 240 Coordination (includes 22 labor hours) $ 1,850 Reimbursables 1,000 TOTAL $21,870 We believe we have kept you informed of this additional work performed and accordingly we appreciate your consideration of this additional budget request. Please call me if you have questions or require additional Information. Sincerely, Marie Marston, P.E. Project Manager 12/30/2002 15:07 71443e1097 1�1FTROPOINTE EN- PAGE 03 CLIENT City of Newport Reach #ztropointe Engineers, Tee. PROS: Mariners VillageIrmprovement Plan PROJECT RATE ,TQ8 No Z19-03-�02 LABOR DATE: 12/30102 Class Positlon(Marne A B C D E F G H Hours Total A Principal 27 27 $2,970 v . �7777 C Sr. Engineer 0 0 $0 E Jr- EngineerICADDDesigner 0 0 $0 VV-7f Person Survey Crew 0 0 $o -750R'� 'T%�m U 002MM TOW5 27 22 0 IGI 5 0 0 0 150 $13,250 Task No- Function Description A B C D E F G H Hours Total Obtain Tide Reports (9) 2 2 $160 Review Tft Reports (9) 4 4 $320 Prepare Legal Descriptions (9) a 52 60 $4,95D PrEpam Exhbfls for Legais (9) a 27 35 $2,980 Have PLS Review and Sign (9) 27 27 $2,970 Coard wl fille co, City, & PLS on legals 2 8 10 $m Coard w/ AFA & Caltm% on TS Conduit 4 a 12 $1,040 Print All Pages Print Manhmur Page] • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 January 14, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department CRY OFNEWPONUeen Antony Brine, P.E. 949 - 644 -3311 JN'iV 1 [LU3 tbrine @city.newport- beach.ca.us • nnnnI17 SUBJECT: APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS FOR THE MARINERS VILLAGE IMPROVEMENT PROJECT RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement with MetroPointe Engineers of Costa Mesa, California, for the Mariners Village Improvement Project at a contract price of $21,870 and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: On January 22, 2002, the City entered into an Agreement with MetroPointe Engineers for Phase 1 of the Mariners Village Improvement Project. The scope of the professional services covered by the original Agreement included the following activities: • Design of plans and preparation of specifications for the new landscaping, irrigation, lighting and signing • Caltrans permit/agreement preparation • Limited construction engineering assistance • Traffic control plan preparation During the preparation of the plans, it became apparent the acquisition of pedestrian easements would be necessary to facilitate the installation of the new palm trees in the existing sidewalk along Coast Highway. The need for private property easements fronting Coast Highway was not anticipated in the original Agreement. Amendment No. 1 includes the engineering work necessary to acquire the pedestrian easements on nine (9) properties. Also included is traffic signal conduit relocation work not anticipated SUBJECT: APPROVE A< MENT NO. 1 TO THE PROFESSIONAL SERVIC GREEMENT WITH METROPOINTE ENGINEERS Fu THE MARINERS VILLAGE IMPROVEMENT PROJ uT January 14, 2003 Page 2 in the original scope of work. Amendment No. 1 extends the term of the Agreement to September 1, 2003. The original Agreement terminates on January 22, 2003. Environmental Review: Not applicable. Funding Availability: Funds for this project are available in Account No. 7011- C2700500 Prepared by: Submitted Antony Brine Ste ph . Badum Project Manager Publi orks Director Attachments: Amendment No. 1 Agreement 0 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as. "CITY ") and METROPOINTE ENGINEERS, whose address is 3151 Airway Avenue, Suite J -1, Costa Mesa, California, , (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On January 22, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for Engineering Design services for the Mariners Village Improvement Project, hereinafter referred to as 'PROJECT'. B. CITY and CONSULTANT have entered into no previous AMENDMENTS of the AGREEMENT. C. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to September 1, 2003. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: i • 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1 according to "Exhibit A" dated December 30, 2002, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 1 shall not exceed twenty -one thousand, eight hundred seventy and 00/100 Dollars ($21,870.00). 2003. 3. The term of the AGREEMENT shall be extended to September 1, 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation Li' APPROVED AS TO FORM: Mayor City of Newport Beach By: City Attorney ATTEST: LaVonne Harkless City Clerk Consultant L-M f : \usem\pbw\shared\agreements\fy 01- 02 \metropointe - mariners village - no. 1.doc ,,MetroPointe TnE TPFIIIII • II;. 11 December 30, 2002 L 3151 Airway Avenue, Suite J -1 EXHIBIT A Costa Mesa, CA 92626 Bus: (714) 438 -1095 Fax: (714) 438 -1097 RECEIVE &BE CERTIFIED JAN - 2 2003 City of Newport Beach PUBLIC WORKS DEPARTMENT Mr. Tony Brine CITY OF NEWPORT BEACH P.O. Box 1768 Newport Beach, CA 92658 Subject: Additional Budget Request — Change Order No. 1 Easement Legal Descriptions and Exhibits Traff ic Signal Conduit Relocation Dear Tony: MetroPointe Engineers is requesting a contract amendment for additional budget to research and prepare legal descriptions and exhibits for the required sidewalk easements and for the preparation of construction plans for the relocation of the existing Caltrans signal conduit. This was not included in our approved scope of work and contract. We have estimated the additional fee as $21,870. This includes obtaining preliminary title reports for nine properties (estimated at $500 each), reviewing the title reports, preparing legal descriptions and exhibits for easements on nine properties, preparation of construction plans by Austin -Foust Associates to relocate the traffic signal conduit, coordination, and reimbursables. Coordination costs include those associated between MetroPointe and the title company, with Austin Foust, with the City and with Caltrans for the preparation, review, revisions, and approvals to the easement documents and traffic signal conduit plans. Title Reports — Obtain and Review (9 properties) $ 5,490 (includes a 10% markup on the title company work and 6 labor hours) Legal Descriptions $ 4,950 (includes 60 labor hours for 9 properties) Exhibits $ 2,970 (includes 35 labor hours for 9 properties) Certification $ 2,970 (includes review and certification by a licensed land surveyor outside of MetroPointe's office, 3 hours per legal) Traffic Signal Conduit Relocation Plan (AFA) $ 2,400 (includes 24 labor hours) Markup on AFA $ 240 Coordination (includes 22 labor hours) $ 1,850 Reimbursables 1,000 TOTAL $ 21,870 We believe we have kept you informed of this additional work performed and accordingly we appreciate your consideration of this additional budget request. Please call me if you have questions or require additional information. Sincerely, Marie Marston, P.E. Project Manager 12/38/2882 15:07 71443810 M[TROP0INTE ENGINEER PAGE 83 CUENT City of Newport Beach #&"Pointe Engineer-s, Zm. PROX: Mariners Village Inipnovernent Plan PROJECT kATE JOB No 219-03-402 LABOR DATE: 12/3010Z A Principal 27 27 $2,970 C Sr, Engineer 0 $D Task Obtain Tife Reports (9) 2 2 $160 Review Title Reports (9) 4 4 $320 Prepare Legal Descriptions (9) 8 52 60 $4,950 Pimpam Exhibits for Legals (9) 8 27 35 $2,960 Have PLS Review and Sigr (9) 27 27 $2.970 Print All Pages [print MMIMUr Pi Be TO FROM Public Works Department Cie January 22, 2002 CITY COUNCIL AGENDA ITEM NO. 19 SUBJECT: MARINERS VILLAGE IMPROVEMENT PLAN - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS RECOMMENDATIONS: 1. Approve Phase I of the Professional Services Agreement with MetroPointe Engineers, of Costa Mesa, California, for Engineering Design Services in the Mariner's Village area at a contract price of $144,044 for Phase I of the project. 2. Authorize the Public Works Director to proceed with Phase I of the design improvements to Coast Highway at a cost of $144,044. DISCUSSION: City Council approved the Mariner's Village Improvement Plan in concept on August 14, 2001. Due to the complexity of the State permit process and expertise required in implementing a traffic calming phase, it was recommended that a civil engineering professional with multiple levels of expertise be retained as project designer /coordinator. On August 28, 2001, City Council directed staff to solicit Request For Proposals (RFP) for engineering design services that would meet our requirements for conceptual plan execution in plans and specifications, Caltrans permit processing, and traffic calming engineering. The proposals would address design costs for a three - phased approach to completing design of Coast Highway, Riverside Avenue and Tustin Avenue. However, in order to maintain continuity with the previous work effort of -.the Mariner's Village concept plan, the RFP required that Kirby & Company be utilized as the landscape design sub - consultant. Ms. Kirby's firm has a long history of participation in the planning and design efforts, has played a key role in shaping the project, and has been instrumental in gaining community support for the project. Three firms responded to the City's Request For Proposal: • The Keith Companies • MetroPointe Engineers • W. G. Zimmerman Engineering The proposals were reviewed to evaluate each consultant's qualifications, past experience on similar projects, and availability. MetroPointe Engineers was ranked the highest. Upon selection, staff negotiated with Marie Marston of MetroPointe Engineers, to provide the SUBJECT: MARINERS VILLAGE IP;VEMENT PLAN - APPROVAL OF PROFESSI, SERVICES AGREEMENT WITH METROPOINTE ENGINELKS January 22, 2002 Page 2 necessary scope of services for a fee of $327,251. MetroPointe Engineers has completed design services competently and professionally on similar projects for other local agencies in Southern California. However, due to the current budget allocated for the project, the professional fee structure for a three - phased approach was developed. The three phases entail Concept Plan design for: • Phase I — Coast Highway, $144,044 • Phases II and III — Riverside Avenue, including traffic calming improvement, Tustin Avenue, Avon Street, Village Alley, Avon Street Extension, City Parking Lot, $183,207 The construction costs for the Council- approved Concept Plan is estimated at $1.3 million for the three phases identified above. The breakdown of construction costs by phase is: • Phase I — Coast Highway, $271,289 • Phase 11 — Riverside Avenue, including traffic calming improvement, $452,250 • Phase III — Tustin Avenue, Avon Street, Village Alley, Avon Street Extension, City Parking Lot, $618,662 The scope of MetroPointe Engineer's professional services will include the following activities: • Field surveying, utility conflict resolution and soil investigation for new landscape elements • Design and plans and specification preparation for new landscaping, irrigation, lighting, signing, and street furniture • Caltrans permit/agreement preparation • Traffic calming design and plan preparation • Limited construction engineering assistance as requested by the City • Traffic control plan preparation for contractor. The current FY2001/02 budget allocates $300,000 for design and construction within the General Fund, Account No. 7014- C2700500. Staff proposes that City Council approve the Professional Services Agreement and authorize the design of the Phase I, Coast Highway, portion of the project only. This action will ensure that adequate funds will be available to design the first phase of the concept plan within this fiscal year. Staff will be proposing to fund the construction of Phase I in the FY 2002/03 budget. Respectful 'Sabmi ed, PAL WORKS DEPARTMENT Stephen G. Radum, �. � Dire &c""Lr toor,r By: - net L. Divan, P.E. ssociate Civil Engineer Attachment: Professional Services Agreement DRAFT PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS FOR PHASE 1, ENGINEERING DESIGN SERVICES ON THE MARINER'S VILLAGE IMPROVEMENT PROJECT THIS AGREEMENT, entered into this 22nd day of January, 2002, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and MetroPointe Engineers, whose address is 3151 Airway Avenue, Suite J -1, Costa Mesa, California, 92626, (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 an Improvement Project in Mariner's Village ('Project "). C. City desires to engage Consultant to provide professional engineering services for the development and implementation of landscaping, lighting, and signage improvements and traffic calming measures in the Mariner's Village area upon the terms and conditions contained in this Agreement. -1- D. The principal member of Consultant for the purpose of the Project is Marie Marston, 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 and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the date of execution, and shall terminate on the 22nd day of January, 2003, 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 one hundred forty-four thousand, forty four and 001100 Dollars ($144,044.00). 3.1 Consultant shall maintain accounting records of its billings which includes -2- 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under -3- .0 this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management: services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct k Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect aft 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. M • 0 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and 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 Marie Marston 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 -5- ;* 0 written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. CITY POLICY Consultant shall 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 Project proceeds in a manner consistent with City goals and policies. 9. 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. 10. 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. n o 11. 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 indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 12. 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 -7- described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured and primary and non - contributory wording, 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 . $1 million Dollars. N 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, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, 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. 13. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and .outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture M i 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 orjoint- venture. 14. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 15. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. -10- 0 • 0 16. 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 or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 17. ADMINISTRATION The Public Works Department will administer this Agreement. Stephen G. Badum 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 -11- shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 18. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall 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. 19. 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. 20. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional -12- LJ 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 bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 22. 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. 23. 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 -13- prior written ,approval of City. 24. 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be i addressed to Consultant at: Attention: Marie Marston MetroPointe Engineers 3151 Airway Avenue, Suite J -1 Costa Mesa, California 92626 (714) 438 -1095 Fax: (714) 438 -1097 25. 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 -14- and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other parry 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. 25.1 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. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 27. 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. 28. 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 -15- 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. 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 30. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. 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. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. -16- • 31. 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 drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation M METROPOINTE ENGINEERS IN f:l users\ pbw \shared\agreements \MetroPointe Mariners Village.doc -17- EXHIBIT A Project Understanding The City of Newport Beach intends to implement a variety of improvements in the Mariners Village area generally bounded by Pacific Coast Highway, Riverside Avenue, Avon Street, and Tustin Avenue. The improvements include: Landscaping and Irrigation including Trees and Shrubs - Coast Highway medians and sidewalk cutouts - Riverside Avenue sidewalk cutouts - Avon Street - Tustin Avenue - 'Avon Street City Parking Lot - Village Alley between Riverside and Tustin Traffic Calming - Riverside Avenue generally demarcating the commercial /residential interface Pedestrian Lighting - Riverside Avenue - Tustin-Avenue - Avon Street. - Village Alley between Riverside and Tustin - Avon Street City Parking Lot District Monument Signage - Riverside Avenue The City has decided to separate the work into three phases. Each phase will include the three tasks of pre- design, design, and construction services. The phases are: Phase 1 Coast Highway Improvements Phase 2 Riverside Avenue Phase 3 Tustin Avenue, Avon Street, Village Alley, Avon Street Extension, City Parking Lot For purposes of this scope of work, we understand the City would like Phase 1 to be prepared as a separate: project and Phases 2 and 3 as a combined separate project. As such, there will be two design contracts and two construction contracts. We have assumed the preliminary and final design would be prepared sequentially with Phases 2 and 3 following the completion of Phase 1. Scope of Work Within each of the three phases, we understand the project is divided into three tasks. The phases, tasks, and subtasks we have identified are listed below: Phase 1 Coast Highway Improvements Task 1 Pre - Design Subtask 1.1.1 Review Previous Conceptual Study Subtask 1.1.2 Confirm Project Requirements Subtask 1.1.3 Develop Detailed Design Parameters Subtask 1.1.4 Confirm CADD Format and GIS City of Newport Beach Mariners Village Improvement Plan Page 1 Subtask 1.1.5 Define Program for Field Survey Subtask 1.1.6 Soil Test Borings Subtask 1.1.7 Preliminary Construction Cost Estimates Subtask 1.1.8 Caltrans Encroachment Permit Requirements Subtask 1.1.9 Utility Study Task 2 Design Subtask 1.2.1 Subtask 1.2.2 Subtask 1.2.3 Subtask 1.2.4 Subtask 1.2.5 Subtask 1.2.6 Subtask 1.2.7 Subtask 1.2.8 Subtask 1.2.9 Task 3 Construction Subtask 1.3.1 Subtask 1.3.2 Subtask 1.3.3 Subtask 1.3.4 Subtask 1.3.5 Subtask 1.3.6 Subtask 1.3.7 Field Survey and Base Map Site Plan Exhibits for Coastal Development Permit Exhibits and Information for Environmental Document Coordination with Caltrans for Encroachment Permit Plans Concept Detour /Traffic Control Plans Specifications / Estimates / Bid Documents City Council / Coastal Commission Meetings Pre -Bid and Pre - Construction Meetings Shop Drawings and Submittals Review Construction Progress Revisions to Plans and Specifications Addenda Construction Progress Meetings As- Builts Phase 2 Riverside Avenue Task 1 Pre - Design Subtask 2.1.1 Subtask 2.1.2 Subtask 2.1.3 Subtask 2.1.4 Subtask 2.1:5 Subtask 2.1.6 Subtask 2.1.7 Subtask 2.1.9 Task 2 Design Subtask 2.2.1 Subtask 2.2.2 Subtask 2.2.3 Subtask 2.2.4 Subtask 2.2.6 Subtask 2.2.7 Subtask 2.2.8. Subtask 2.2.9 Task 3 Construction Subtask 2.3.1 Subtask 2.3.2 Subtask 2.3.3 Subtask 2.3.4 Subtask 2.3.5 Subtask 2.3.6 Subtask 2.3.7 Review Previous Conceptual Study Confirm Project Requirements Develop Detailed Design Parameters Confirm CADD Format and GIS Define Program for Field Survey Soil Test Borings Preliminary Construction Cost Estimates Utility Study Field Survey and Base Map Site Plan Exhibits for Coastal Development Permit Exhibits and Information for Environmental Document Plans Concept Detour /Traffic Control Plans Specifications / Estimates / Bid Documents City Council / Coastal Commission Meetings Pre -Bid and Pre - Construction Meetings Shop Drawings and Submittals Review Construction Progress Revisions to Plans and Specifications Addenda Construction Progress Meetings As- Builts City of Newport Beach Mariners Village Improvement Plan Page 2 Phase 3 Tustin Ave Avon Street Village Alley Avon Street Extension City Parking Lot Task 1 Pre - Design Subtask 3.1.1 Subtask 3.1.2 Subtask 3.1.3 Subtask 3.1.4 Subtask 3.1.5 Subtask 3.1.6 Subtask 3.1.7 Subtask 3.1.9 Task 2 Design Subtask 3.2.1 Subtask 3.2.2 Subtask 3.2.3 Subtask 3.2.4 Subtask 3.2.6 Subtask 3.2.7 Subtask 3.2.8 Subtask 3.2.9 Task 3 Construction Subtask 3.3.1 Subtask 3.3.2 Subtask 3.3.3 Subtask 3.3.4 Subtask 3.3.5 Subtask 3.3.6 Subtask 13.7 Review Previous Conceptual Study Confirm Project Requirements Develop Detailed Design Parameters Confirm CADD Format and GIS Define Program for Field Survey Soil Test Borings Preliminary Construction Cost Estimates Utility Study Field Survey and Base Map Site Plan Exhibits for Coastal Development Permit Exhibits and Information for Environmental Document Plans Concept Detour /Traffic Control Plans Specifications / Estimates / Bid Documents City Council / Coastal Commission Meetings Pre -Bid and Pre - Construction Meetings Shop Drawings and Submittals Review Construction Progress Revisions to Plans and Specifications Addenda Construction Progress Meetings As- Builts The following will discuss these tasks and subtasks to define our scope of work. The scope described below is written to apply to the three phases as identified. If all three phase numbers are presented in the subtask description, the subtask applies to each phase. If a subtask is only required for one phase, then it presents only that phase's subtask number. Each subtask is noted whether it will be performed by phase or for all three phases within Phase 1. TASK 1 - PRE- DESIGN Subtask 1 1 1 2.11, 3.1.1 Review Previous Conceptual Study (performed by phase) We will obtain the previously prepared project documentation and augment that with other available documentation including as- builts of the roadway, as- builts of other adjacent infrastructure, and right -of -way maps. We understand the previous conceptual study included concept studies showing landscaping locations, the Mariners Mile Village Concept Plan (adopted by council on 8/14101), lighting concepts and locations, potential concepts on traffic calming, and construction cost estimates. We will also field review the site. Subtask 1 1 2 2.1.2, 3.1.2 Confirm Project Requirements (performed by phase) After review of the previously prepared preliminary studies, this task will ensure that we understand the City's implementation goals for the projects. Specifically, we will define the limits of the imp-ovements along each street, alley and the parking lot, locations and spacing of trees and shrubs, types of trees and shrubs, probable type of irrigation, phasing of the overall project, City of Newport Beach Mariners Village Improvement Plan Page 3 0 0 lighting standard to be used, traffic calming locations and reasonable considerations of the type of calming to be employed, and phasing requirements. As part of the project confirmation process, we may need to obtain concurrence of specific City and Caltrans details required, may need to meet with City and Caltrans staff, and may need to meet with other stakeholders such as the Mariners Mile Business Owner's Association (MMBOA), the Newport Heights Homeowners Association, City Council members, the California Coastal Commission, and Newport Heights Community Association, and others. Subtask 1.1.3, 2.1.3 3.1.3 Develop Detailed Design Parameters (performed by phase) Since the emphasis of the project is landscaping implementation, we expect detailing the project specific design parameters will include preparing a Design Development Landscape Plan. This plan would likely show preliminary phase lines, the general layout of walks, planting areas, conspicuous utilities and signage, and planting, with identification of tree, shrub, groundcover, and turf areas and species recommendations. Additional scope for 2.1.3, Phase 2 — Riverside Avenue For Riverside Avenue, we will develop the basis for a traffic- calming scheme. We will consider the overall intent of the calming and then identify measures which could be studied for implementation. This could include the "bulbing out" of curbs, use of special pavements and installation of a "vertical element" to alert motorists they are entering an area where pedestrians are present and slower speeds are appropriate. Traffic calming measures usually take the form of roadway narrowing, combined with a vertical element, including street furniture and aesthetically designed monument signing. All of these techniques will be examined including the use of special treatment for any pedestrian crossings whereby traffic is not controlled by stop signs or traffic signals. The installation of traffic calming measures is generally controversial therefore, an attempt will be made to secure public input via the City on the measures before a final decision is made. In addition, a trial implementation of any bulb -outs using sand bagging may be considered. We have found that temporary placement of sand bags to simulate traffic calming elements is useful in both preparing the final design and in assessing community acceptance of such measures. Consequently, the use of a 60 to 90 day trial implementation will be evaluated. Subtask 1.1.4, 2.1.4, 3.1.4 Confirm CADD Format and GIS (performed by phase) We will prepare the drawings and exhibits in AutoCed 2002. We will determine up -front with the City, whether there are specific layering formats to be followed and then implement those as requested. This is particularly important if the City wants electronic files made available at the conclusion of our work. If the City has available GIS information which can be included on the base maps, we will augment our field surveyed base map with that information. Additional 1.1.4, Phase 1— Coast Highway We do not anticipate providing electronic files to Caltrans. In our experience, this is only required when Caltrans administers the construction contract. It is our understanding the City will work under an encroachment permit, and therefore, be the construction contract administrator. Caltrans works in metric format, however, since this project will be processed through their permit department, we will likely be able to prepare the plans imperial format showing metric in parentheses (dual- units). We have had success with this approach on other projects and will verify that it is acceptable prior to preparing the plans in this manner. Subtask 1,1.5 2.1.5 3.1 .5 Define Program for Field Survey (performed in Phase 1) City of Newport Beach Mariners Village Improvement Plan Page 4 In this subtask, we will obtain existing vertical and horizontal control data from the County of Orange GF'S System and if the City requests, Caltrans data as well. We can tie our survey into both County and Caltrans monuments. We will establish this need prior to performing the field survey. The survey will consist of establishment of horizontal and vertical control, establishing street centerline control, obtaining locations of existing curb returns and critical street geometry, culture and street furniture within the street right of way limits, a few cross sections, particularly on Coast Highway in the proposed landscaped medians, and details of existing facilities directly adjacent to locations of proposed tree /shrub planters within the streets, alley, and parking lot. The program for field survey will be defined in Phase 1 for all three phases. Subtask 1.1.6 2.1.6, 3.1.6 Soil Test Borings (performed in Phase 1) It is our understanding there has been some difficulty in tree growth for past plantings. Therefore, we have included the sampling of on -site soils to determine what amendments may be needed to help induce growth. We have included Wallace Laboratories on our team to obtain and test the samples and prepare a report describing the proposed soil treatments. For purposes of this scope of work, we have included one soil test on Coast Highway ,(med an), one on Tustin Avenue, and the others on Riverside Avenue. It is especially important on Riverside Avenue where past palm tree plantings have not thrived. We will coordinate with the City and our project team to also evaluate the palm subdrainage requirements and provide an opinion on causes for deterioration of previously planted trees. Subtask 1.1.7, 2.1.7, 3. 1.7 - Preliminary Construction Cost Estimates (performed by phase) We will review the previously prepared preliminary construction cost estimates to confirm their quantities, unit prices, and contingencies appear current and recognize the entire project scope. We know this is an important component of the early design review to ensure there is adequate funding bnce the project is developed for construction. If the cost estimates appear to be understated or overstated, we will discuss with City staff and determine the appropriate course of action. Subtask 1.1.8 Caltrans Encroachment Permit Requirements (Phase 1 only) At the time of the notice to proceed, we will need to prepare an encroachment permit application to perform the field survey and agricultural soil test samples within state right -of -way. We will prepare and process this application and permit. The permit generally takes 4 -6 weeks to secure. As a follow up to two meetings the City held with Caltrans last year (1/29/01, 2/21/01), we expect to schedule an additional preliminary meeting with Caltrans to reestablish key contacts for communication between the project team members, City staff, and Caltrans staff. We will also redefine the project, obtain their preliminary thoughts on the proposed Coast Highway landscape improvements, and expected implementation phases as well as establish the expected process for approval. From the previous meetings, we understand Caltrans is concerned about the documentation of existing lane widths on Coast Highway in this segment: Since this project is limited to sidewalk and median plantings, with no changes to the lane configuration, we do not believe this effort will be necessary. We have not included this effort in our fee. Subtask 1.1.9, 2.1.9, 3.1.9 Utility Studies (performed in Phase 1) During this task, it will be necessary to make contact with the affected utility companies, inform them of this project, and obtain copies of their as -built plans. All underground and overhead utilities within the sphere of the project limits will be contacted to verify location, type, and size of facility. If it is necessary during construction to excavate in the vicinity of any existing utilities, Caltrans will require utility potholing to physically locate underground facilities in State right -of- way. Physically locating utilities has not been included in our fee. City of Newport Beach Mariners Village Improvement Plan Page 5 • TASK 2 - DESIGN Subtask 1.2.1, 2.2.1 3.2.1 Field Survey and Base Map (performed in Phase 1) In this task, we will prepare the field survey and base map for use in the preparation of plans. The base map will indicate street centerline data, curbs, gutters, cross - gutters, sidewalk, surface utilities and culture, spot elevations, adjacent building limits, etc. We will augment the field survey map with the right -of -way maps and with the collected utility as- builts in creating the base maps. The base map will serve as the base information for all conceptual and final design and construction documents. We will develop the base map by initially creating a base coordinate system in CAD and establishing street centerline data from field survey. We will prepare the base map topography from the centerline data, as -built plans, and field survey. Additional 1.2.1, Phase 1— Coast Highway The base map for Coast Highway will be prepared in imperial units to meet City standards for consistency throughout the plan set. Caltrans will require metric units for the portions of work within State right -of -way and as such our plan is to show dual units (imperial- metric). We will confirm this prior to performing the field survey and preparation of the base map. Subtask 1.2.2, 2.2.2, 3.2.2 Site Plan (performed by phase) We will prepare a Site Plan, which will in effect show the design development for the landscaping, indicating the following information: a. Preliminary phase lines; b. General layout of walks, planting areas and conspicuous utilities; c. Planting, with identification of type and species of tree, shrub, groundcover, and turf areas and recommendations. Trees and low growing ground cover will not only harmonize with the current streetscape palette, but address water efficiency standards. The plan format will be presentation quality, color renderings at an appropriate scale for viewing from a comfortable distance, accompanied by reduced versions of drawings. This site plan will serve as the preliminary design concept plan. The site plans will be developed to show sufficient detail to ensure the proposed construction elements meet with the City's approval prior to proceeding with final design. The site plans will also include pedestrian lighting, preliminary civil and traffic calming if determined by this point: Subtask 1.2.3. 2.23. 3.2.3 Exhibits for Coastal Development Permit (performed in Phase 1) We understand the City must prepare and process a Coastal Development Permit (CDP) through the California Coastal Commission. We will support the City in this effort, preparing technical exhibits as necessary to explain the. proposed work. For purposes of this proposal, we have assumed four exhibits will be required. Subtask 1.2.4, 2.2.4 3.2.4 Exhibits and Information for Environmental Document (performed in Phase 1) We will support the City's preparation of the project environmental document by providing information and preparing exhibits as required. For purposes of this proposal, we are assuming two exhibits will be prepared. City of Newport Beach Mariners Village Improvement Plan Page 6 Based on our experience with the Caltrans Permit Branch on similar projects where minor street work is necessary, such as minor trenching for electrical or irrigation connections, we are anticipating the encroachment permit application will require the following items of work: a. Construction plans for all work in State right -of -way, including traffic control plans and utility plans. b. Water Pollution Control Program (WPCP) meeting Caltrans and State Water Resources Control Board requirements. c. Coordination with several Caltrans functional units including Traffic Operations, Project Design, Environmental Planning, and Materials Research. d. Environmental requirements will include a cultural resources search provided by the South Central Coastal Information Center, and native lands search provided by the Native American Heritage Commission. e. Coordination with utility companies to indicate locations of potential high and low risk facilities on the plans as required per Caltrans Policy on High and Low Risk Utilities. Subtask 1.2.6, 2.16, 3.2.6 Plans (performed by phase) We will prepare drawings for each phase of the project. Generally, there will be street and parking lot civil drawings, details for demolition, landscaping and irrigation, lighting, irrigation,. traffic calming, and potentially utility modification plans. Street Plans Street plans would indicate sidewalk cutouts for planters, median modifications, if any, and traffic calming treatments. The plans will show existing curb, sidewalk, medians, and driveways. They will also show existing private property features and right -of -way lines. We do not anticipate new medians or new curbs and therefore, no profiles are anticipated. Pavement and /or sidewalk removal limits and reconstruction will be delineated. If replacement of concrete is necessary at the cutouts, our plans will indicate that. Drainage modifications are not anticipated. Construction detail sheets would be necessary to define the specific improvements including any specific monument signs, sidewalk cutouts, traffic calming devices, and other facilities as may be encountered. Traffic signing and striping modifications are not anticipated. If the traffic calming measures impacted the existing pavement delineation, we would provide a plan to indicate the replacement delineation. Utilitv Review We will preliminarily determine the conflicts or impacts the improvements will have with the existing utilities and summarize the information on the project plans. We will provide continued coordination and related follow -up with the affected underground and overhead utility companies regarding the specific impact locations throughout the project as well as identifying their future needs. We will identify costs associated with utility modifications or relocation, if necessary. Cost evaluation will require a determination of prior rights. We will work with the City in determining prior rights. If the utility company has prior rights, the modification cost will be borne within the project and included in the cost estimates. If the City has prior rights, the modification cost will be City of Newport Beach Mariners Village Improvement Plan Page 7 borne by the utility company. The City will be kept informed of contacts with the utility companies and, if desired, will receive copies of collected utility information and correspondence. Our preliminary engineering plans will be forwarded to the utility companies so they can verify their facilities and impacts and use them for their modification /relocation design, if required. Landscaping We will prepare a preliminary landscape development plan to be used for general discussion among the City staff. After comments have been received, we will prepare construction landscape plans. We will prepare planting plans showing tree, shrub, vine, and groundcover locations. A plant list, with plant names and sizes, will be provided. Lighting & Electrical Design Based on.the Design Development Landscape Plan, we will determine irrigation points of connection, electrical service requirements, and sleeving requirements. We will also determine the general layout of the electrical connection for the irrigation equipment. We will prepare irrigation plans showing identification, location, and sizing of irrigation systems and their component parts. This work will require coordination with the electric company on power source for the irrigation controller and show the point of connection for irrigation on the drawings. We will also prepare details of the planting, irrigation, meter box footings, landscape and electrical materials with information required for construction, installation and finishing of the landscape components of the project. Based on the Design Development Landscape Plan, and preferred City spacing for pedestrian lights, we will prepare a general layout of the pedestrian lights and lights for signage provided by others with catalogue cut sheets. Submittals Phase 1— Coast Highway Caltrans requires complete documents prior to submittal to their permits department. We expect we will have three submittals — the first will be 90 %, which will represent a complete set of plans, lacking only responses to Caltrans comments. After we receive their comments, the 100% set will be submitted for review. Minor comments would be anticipated and the final bid document set would be submitted to obtain their approval and the encroachment permit. Phases 2 and 3 — Riverside Avenue, Tustin Avenue, Avon Street and Extension, City Parking Lot Following the submittal of our draft site /concept plan, we expect we would prepare and submit to the City a 75 %, a 90 %, and a 100% set of construction documents for review. 75% Submittal • Plans with enough detail for City to review impacts • Outline Specifications • Cost Estimate (15% Contingency) 90% Submittal • Plans at a 100% complete level, less responses to comments. • Full Specifications • Cost Estimate (10% Contingency) • Bid List 100% Submittal City of Newport Beach Mariners Village Improvement Plan Page 8 • Complete Plans (Autocatic °2002) • Complete Specifications (electronic and hard copy) • Cost Estimate (5% Contingency) • Bid List (electronic and hard copy) • 1 set of Plan Originals on Mylar • Cost Estimate (Electronic & Hard Copy) Specifications (Electronic & Hard Copy) Subtask 1.2.7. 2.2.7. 3.2.7 Concept Detour (Traffic Control Plans (performed by chase We will prepare concept — level detour and traffic control plans. The plans would delineate the work area and the traffic control appropriate in accordance with the WATCH handbook. Caltrans will require traffic control plans for work in State right -of -way based on Caltrans standards. Subtask 1.2.8. 2.2.8. 3.2.8 Specifications, Estimates, Bid Documents (performed by phase) Specifications & Bid Documents We will prepare or refer to a standard specification for all the technical items of work. As part of the specifications preparation, we will ensure there are pay clauses appropriate to each bid item. The pay clause will include the payment method for each item. Per the City's requirements, we will prepare the project specifications using the City's Standard Special Provisions (1994 Edition) and the Standard Specifications for Public Works Construction. We expect: the City will provide the General Conditions, Special Requirements, Bid Forms, bond information, etc. We will work with the City on assembling the entire contract document package. Quantity Calculations and Cost Estimates A construction quantity and cost estimate will be prepared for each of the submittals. The . estimate will show quantities and unit prices for each item along with appropriate mobilization and contingency costs. Our unit prices will be based on a combination of prices obtained from recent construction bids for similar projects, discussions with City staff, and discussions with others in the constriction industry. The items listed in the cost estimate wilt be the basis for the preparation of the bid list. We will work with the City to ensure the bid schedule is in accordance with the City's preference for the item list, method of measurement, etc. Subtask 1.2.9, 2.2.9, 3.2.9 City Council /Coastal Commission Meetings (performed by phase) We will identify the stakeholders at the project onset and determine the extent of coordination and deliverables necessary. This project could have a number of stakeholders beyond the customary project team of the City, consultant, and Caltrans, such as City Council members, business representatives from Mariners Village (Mariners Mile Business Owner's Association), the California Coastal Commission, and Newport Heights Community Association. We will support the City throughout the project development and will attend meetings at the City Council, Coastal Commission or others as requested. We have put in an allowance in our budget for these meetings. How many Subtask 1.2.10,2.2,10, 3 2 10 Design Meetings (performed by phase) Project team meetings will be held regularly to ensure project goals are met and to resolve issues, discuss status, coordinate design, determine phasing, determine scope, etc. We expect we would have a kickoff meeting and other meetings throughout the project development City of Newport Beach Mariners Village Improvement Plan Page 9 0 process. Additionally, meetings would be held with Caltrans following the submittal of our permit documents and their review. We will meet after the City and Caltrans reviews. The meetings would be devoted to reviewing the comments, clarifying the design, and agreeing to the required changes for the next submittal. We also want to be sure that each submittal has fully addressed the reviewer's comments. In addition to the required meetings, we will also provide coordination between the, City, Caltrans, project team, and other stakeholders to ensure the project is on track and the schedule maintained, TASK 3 - CONSTRUCTION Subtask 1.3.1, 2.3.1 3.3.1 Pre -Bid Meeting and Pre - Construction Meeting (performed by phase) We will attend the City's pre -bid meeting and pre- construction meetings. At this time, we have estimated there will be two of each — one contract for Phase 1 and one contract for Phases 2 and 3. Pre -bid services will include responding to bidders' questions, keeping a log of bidders' questions and the responses we provide. The log of bidders questions and answers provided will be submitted to the City upon the close of the bidding period. Questions arising from the bidders shall be discussed, as necessary, with the City prior to responding to the bidders. Pre - construction services will include attending the pre- construction meeting, analysis of the Contractor's payment schedule, and analysis of the Contractor's construction schedule. Subtask 1.3.2, 2.3.2, 3.3.2 Shop Drawings and Submittals (performed by phase) As submitted by the Contractor and received from the Construction Manager, we will check the construction and shop drawing submittals for conformity with the intent of the plans and specifications. Shop drawings and submittals are expected to include review of plan material photographs, samples of materials specified, etc. Based on approval of the plant material photographs, we will tag the palms at the place of growth. We will return the required number of copies to the Construction Manager with particular comments noted and in accordance with the time frames established. We will keep an updated log of submittals received indicating the date received, dates sent and returned from subconsultants if applicable, date returned to the Construction Manager, and the status of each whether approved or retumed requiring additional information. We can provide copies of the log over the course of the construction as requested by the City. Subtask 1.3.3, 2.3.3. 3.3.3 Review Construction Progress (performed by phase) At the request of the City or Construction Manager, we will provide consultation and advice. We will coordinate with the City, Contractor, the Construction Manager, and project team to resolve issues and respond to telephone and meeting related inquiries. We will review design changes as they occur and work closely with the City to facilitate timely responses when changes arise. As necessary, we will prepare written clarification in response to Contractor's Requests for Information (RFls). We will make periodic visits to the site to become familiar with the progress and quality of construction and to ascertain whether the construction work is proceeding in accordance with our design intent and contract documents. We will observe the layout and installation of proposed pavements, observe the location and quality of plant material and landscape grading, observe layout and installation of irrigation systems and specified coverage tests, and observe in order to establish 90 -day establishment period in coordination with the City's landscape maintenance personnel. At the end of the 90 -day establishment period, we will conduct a final observation City of Newport Beach Mariners Village Improvement Plan Page 10 and, upon finding the project acceptable, and recommend acceptance of the landscape installation to the City. Subtask 1.3.4. 2.3.4 3.3.4 Revisions to Plans and Specifications (performed by phase) If requested during construction, we will make revisions to the plans and specifications to facilitate a design change intent. We will ensure these changes reflect the City and Caltrans overall intent and meet current standards. Subtask 1.3.5, 2.3.5 3.3.5 Addenda (performed by phase) During the bid period, we will prepare addenda if changes are discovered or clarifications are needed that should be reflected in the contractor's bids. We will coordinate with the City and Caltrans before issuance. Subtask 1.3.6 2.3.6, 3.3.6 Construction Progress Meetings (performed by phase) We anticipate the City will request us to attend some of the Contractor's progress meetings during the aourse of construction. Our attendance may be required to discuss RFIs, shop drawings, review progress, and other construction related issues. We may also meet at the site to review existing site conditions prior to beginning construction. Subtask 1.3.7, 2.3.7, 3.37 As- Builts (performed by phase) Following the completion of the construction, we will acquire the Contractor's daily red - pencil "as- built" plans from the City. We will revise our plans to indicate all field changes on the original file drawings. This final "as- built" set of drawings will be provided to the City for their records. Our Project team agrees to incorporate the following (as described in the RFP Section C) into our design documents: Standards _Manuals. and Requirements • 1994 City of Newport Beach Design Criteria, Special Provisions, and Standard Drawings for Public Works Construction "Green Book" — Standard Specifications for Public Works Construction ADA Requirements • Caltrans Standard Plans for Signing and Striping • City Requirements and Approval for Plans, Special Provisions, and Contract Bid Documents • City Standard Professional Services Agreement • $1.0 Million E&O Insurance with City named as Additional Insured • Products become Public Domain Production Techniques • Autocadd 2002 • City Standard Mylars Sheets (final plots) • Format Electronic Files for Construction Staking • Reproduction Cost Included in Proposal — Progress Drawings and Final Mylars • Signed Drawings and Documents Management Techniques • Informal Reviews of Progress • Day to Day Communication with City City of Newport Beach Mariners Village Improvement Plan Page 11 0 0 • Coordination Meetings • Documents Signed by Consultant (appropriately licensed individuals) • Committed and Assigned Key Personnel — Changes only with City Approval Experienced Project Manager and Dedicated Design Team Through Completion of Project • Payment based on Monthly Requests for Reimbursement Work Begins upon Notice to Proceed Issued by City We understand all of these requirements and take no exception. City of Newport Beach Mariners Village Improvement Plan Page 12 Project Team We have assembled our project team based on the City's requirements for this project, quality reputations and strengths of the firms, their personnel, and our previous working relationships. Our Project Team includes subconsultants who are an integral part of the Team providing specialists in all disciplines required for the project. The Project Team includes: MetroPointe Engineers, Inc. Kirby & Company d.d. Pagano Irrigation Konsortum 1 Wallace Laboratories Austin -Foust Associates Kelsurveys Subconsultants Project Management / Civil Engineering Landscape Architecture Irrigation Consulting Electrical Engineering / Lighting Agricultural Soil Testing Traffic Engineering Field Survey/ Base Mapping Kirby & Company is a professional consulting practice offering capabilities of resolving contemporary urban design and planning problems. For 20 years, the professionals at Kirby & Company have been involved in a wide range of urban, suburban, regional, and campus projects of all sizes. Kirby's projects reflect a commitment to interdisciplinary design solutions responsive to both site conditions and clients' needs. They interplay their knowledge of land use planning, urban design, landscape architecture, site planning, regional and urban planning and environmental analysis into play with other related disciplines to create innovative and workable built environments. Kirby's approach to planting design creates plant palettes that support regional landscape identity, enhance the particular qualities of the site, and form sustainable groupings based on cultural compatibility. They have extensive experience in all facets of land planning and design and are dedicated to the development of exemplary projects that withstand the test of time in creating imageable and livable environments. d.d. Pagano, Inc. Irrigation Consultants has provided professional services for over thirty years in development and research in the field of irrigation. Irrigation design development, product research and testing, water conservation analysis, system analysis and construction methods are only a few of the services that make d.d. Pagano, Inc. Irrigation Consultants a recognized leader in the field of irrigation consulting. This knowledge and experience is reflected in all irrigation designs - designs which are geared to provide the end user with the most efficient, innovative and cost - effective irrigation system possible. The staff of d.d. Pagano, Inc. Irrigation Consultants has provided expertise in the field of irrigation design and consultation for a variety of projects with special interest in the design of resorts, residential communities and commercial developments. Their office has worked closely with many communities and commercial developers to determine the specific irrigation needs of each development, as well as long term maintenance requirements. This information has been compiled in order to help develop irrigation design and construction criteria compatible with the environmental conditions of various resort/commercial projects. In addition to design and consultation work for resort/commercial projects, the firm has provided design and consultation work for mitigation of plant restoration and wildlife habitat areas. All projects draw upon a variety of irrigation design concepts and methods to meet every need. City of Newport Beach Mariners Village Improvement Plan Page 13 • 0 KONSORTUM 1 is a full- service electrical engineering firm specializing in design and engineering for major commercial, educational, retail, corporate, institutional, hospitality and municipal projects. Services include all aspects of architectural lighting design, telecommunications consulting, audio /visual, and access control / security system consulting. The firm's staff, assisted by the latest computer -aided design technology, serves clients ranging from nationally recognized architects, large corporations and national developers, universities and educational groups, as well as design -build electrical contractors. KONSORTUM 1 provides a full range of design services including the following: full service electrical engineering, architectural lighting consulting, utility company consulting, fire alarm and life safety systems consulting, security and access control systems consulting, CCTV security systems consulting, audio / visual systems consulting, telecommunications systems consulting, and electrical due diligence surveys and reports. Austin Foust Associates provides traffic and transportation planning and design to both public and private clients. They specialize in traffic modeling, traffic operations, parking and lighting studies, signal design, signing and striping, traffic handling /phasing /detouring, traffic control, and traffic management plans. The staff of Austin -Foust and MetroPointe Engineers have worked together on numerous projects for over 10 years. Kelsurveys is in the practice of land surveying. The professional tasks they offer include A.L.T.A: land title surveys, residential /commercial /industrial, as -built certification, subdivision, boundary surveys, record of survey mapping, complete photogrammetric services, tentative and final parcel mapping, horizontal and vertical monitoring, topographic survey (aerial and ground depiction, legal description preparation, lot line adjustments, and utility research and coordination. The utilization of the state of the -art computer and survey equipment (total stations) enables Kelsuveys to be very competitive with field to office operations. The firm's personnel have combined years of experience exceeding one -half century. City of Newport Beach Mariners Village Improvement Plan Page 14 0 We have prepared the attached project schedule as a draft to begin discussions with the City. It indicates the work performed in two steps consisting of Phase 1 followed by a combined Phase 2 and Phase 3. Each task and subtask of the phases is indicated as described in our scope of services. We believe our schedule would provide for a realistic duration with appropriate review periods. City of Newport Beach Mariners Village Improvement Plan Page 15 e Ltr o P Aco�in t e PROFESSIONAL SERVICES Principal Project Manager Senior Engineer Engineer/ Sr. Designer Jr. Engineer/ Designer CADD Designer/ Technician Clerical / Admin Support REIMBURSABLE EXPENSES Reproduction Consultant Services Automobile Transportation Computer Plots Delivery, Freight, Courier Agency Fees Commercial Travel/ Subsistence RATE SCHEDULE Effective Through 12/31/02 HOURLY RATE ($) $110.00 $100.00 $ 90.00 $ 80.00 $ 70.00' $ 60.00 $ 50.00 Cost Cost plus 10% $0.365 / mile $ 1.50 / SF Bond $ 2.00 / SF Vellum $ 3.00 / SF Color $ 4.00 / SF Mylar Cost Cost Cost 6 Mariners Village Improvement Plan Phase, l - Pacific Coast Highway MetroPointe $67,125 Krby $63,968 Subtotal $131,093 Markup & Reimbursables $12,951 Total Phase 1 $144,044 Phase 2 & 3 - Riverside Avenue; Tustin Avenue Avon Street, Villate Alley, Avon Street Ext City Parking Lot MetroPointe Phase 2 $35,800 MetroPointe Phase 3 529,380 Kirby Phase 2 & 3 $94,130 Subtotal $159,310 Markup & Reimbursables $23,897 Total Phases 2 &3 $183,207 Total Phases 1, 2, & 3 $327,251 EXHIBIT B ACORD,M CERTIFIC OF LIABILITY INSU NCE DATE 2 PRODUCER (949)263 -0606 FAX (949)263 -0906 Complete Insurance, Inc. THIS CERTIFICATE ISISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR California DOI #0437762 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1500 Quail St., Suite 410 POLICY NUMBER Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE INSURED Metro Pointe Engineers, Inc. IN$URERA American Motorists Ins. Co. 3151 Airway Ave. #11 INSURER B. (c /o Kemper KSA) Costa Mesa, CA 92626 INSURER C. INSURER D. $ 1,000,000 INSURER E $ $00,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF POLICY NUMBER POLICY EFFECTIVE DATE MMIDO/YY POLI YEXPIRATIO DATE MM/DD/YY LIMITS 3300 Newport Blvd. GENERAL LIABILITY 7RS80278700 02/23/2002 02/23/2003 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one tire) $ $00,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE XO OCCUR MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY 7 PRO LOO JECT AUTOMOBILE LIABILITY ANY AUTO 7RS80278700 02/23/2002 02/23/2003 COMBINED SINGLE LIMIT (Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: ASS EXCESS LIABILITY 7RS80278700 02/23/2002 02/23/2003 EACH OCCURRENCE $ 1,000,000 X OCCUR ❑CLAIMS MADE AGGREGATE $ 1,000,000 $ A $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND CW61832002 02/23/2002 02/23/2003 STATU X TORY LIMITS ER A EMPLOYERS' LIABILITY E. L. EACH ACCIDENT $ 1,000,000 E. L. DISEASE - EA EMPLOYEE $ 1,000,000 E. L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER 10 day notice applies t0 non - payment and /or non- reporting DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ertificate holder is additional insured as respects general liability but only if required by written contract with the named insured prior to an occurence and as per coverage form BP7434. Waiver of abrogation Endt. WC040306 included respects Work Comp only. Coverage subject to all policy terms and conditions. RE: Phase I Mariners Village CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION ACORD 25-5 (7197) ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach, its elected officials, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL)DIAOER947RliID MAIL officers, agents, representatives and employees 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: S h a u n a Oyler ■PK]1R�lOQ.Yl0BX9(DCK N4ACQ36E0144J0177D6iL1070890SA (1}DMtlfOQXA91l1QX X 3300 Newport Blvd. MR/Qi6JOOM IOM XRB=TR=ot3lxo s(msmpxOL9ENIWPIVI%X%XXXXX AUTHORIZED REPRESENTATIVE Newport Beach, CA 92658-8915 Alicia I ram, AAI * /MICHMA ACORD 25-5 (7197) ©ACORD CORPORATION 1988 ARCHITECTS AND AINEERS PROGRAM ENDORAENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: MetroPointe Engineers, Inc. AMERICAN MOTORISTS POLICY NUMBER: 7RS80278700 INSURANCE COMPANY POLICY PERIOD: 02/23/02 to 02/23/03 ADDITIONAL INSURED: City of Newport Beach, its elected officials, officers, agents, representatives and employees This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY C. Waiver of Subrogation: A. Additional Insured: The following is added to the Businessowners Liability Coverage Form, BP 71 08; Item 5. Of Section C. — WHO IS AN INSURED, is deleted and replaced by the following: 5. Additional Insureds — By Contract, Agreement Or Permit Any person or organization to whom or to which you are obligated by virture of a written contract, agreement or permit to provide such insurance as affored by this policy is an insured, but only with respect to liability arising out of: a. "Your work" for that insured by you; b. Permits issued by state or political subdivisions for operations performed by you; or c. Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury,' "property damage," "personal injury" or "advertising injury." B. Primary Coverage: With respect to claims arising out of the operations of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional Insureds. Paragraph 2., of the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition, of the Businessowners Common Policy Conditions, BP 71 10, is deleted and replaced by the following: 2. Applicable to Businessowners Liability Coverage: a. If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. After a loss you may waive your rights against another party in writing, only if, at the time of the loss, that party is one of the following: A business firm: 1) Owned or controlled by you; or 2) That owns or controls you. Countersigned by Authorized Representative BP 7434 (Ed. 07 99) Abbreviated Printed in U.S.A. 0 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 02/23/02 Policy No. 7CW61832002 Endorsement No. 1 Insured MetroPointe Engineers, Inc. Premium Insurance Company AMERICAN MOTORISTS INSURANCE COMPANY (AMICO) n Countersigned by SCHEDULE Person or Organization Job Description Anyone for whom the Named Insured has agreed to furnish this Waiver We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers compensation premium otherwise due on such remuneration. Subject to minimum premium of $100.00 THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORDie CERTIFICA OF LIABILITY INSU NCE DATE PRODUCER (949)263 -0606 FAX (949)263 -0906 Complete Insurance, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR California DOI X0437762 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1500 Quail St., Suite 410 LIMITS Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE INSURED Metro Pointe Engineers, Inc. INSURER A'. Lumbermens Mutual Casualty Co. 3151 Airway Ave. XJ1 INSURERB: (c /o Kemper Professional) Costa Mesa, CA 92626 INSURER C: INSURER D. MED EXP (Any one person) INSURER E'. PERSONAL B ADV INJURY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF POLICY NUMBER POLICY EFFECTIVE DATE MMfDOIYY POLICY EXPIRATION DATE MMIDDYY LIMITS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE FI OCCUR BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3300 Newport Blvd. OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. POLICY PRO JEGT LOG PRODUCTS - COMPIOP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE S AGGREGATE $ S $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E. L. EACH ACCIDENT $ E . DISEASE - EA EMPLOYEE $ El. DISEASE - POLICY LIMIT $ A OTHER Professional Liability QL00040900 02/23/2002 02/23/2003 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS 0 day notice Endt. PL7405 included - 30 day notice applies to non - payment of premium E: Job No. 219 -02 -00 CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER CANCELLATION ACORD 25 -S (7197) OACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Newport Beach, its officers, agents, officials, employees and volunteers 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Shauna Oyler BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3300 Newport Blvd. OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA WE Newport Beach, CA 92658 -8915 Alicia I ram, AAIc /MICHMA ACORD 25 -S (7197) OACORD CORPORATION 1988 Kemper Pi ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY LUMBERMENS MUTUAL CASUALTY COMPANY NAMED INSURED: MetroPointe Engineers, Inc. POLICY NUMBER: QL00040800 POLICY PERIOD: 02/23102 to 02/23/03 NOTICE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY POLICY It is agreed that this policy will not be cancelled by the Company until 3Q days prior written notice is given to: City of Newport Beach, its officers, agents, officials, employees and volunteers All other provisions of this policy remain unchanged. PL 74 05 (Ed. 05 99) Printed in USA JAN -31 -2002 UU 02:37 PN FAX NO. 0 0 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: 0131 O a DEPARTMENT /CONTACT RECEIVED FROM: DATECOMPLETED: / .$/ D SENT TO: 1A&A1& BY: hh j COMPANY/PERSON REQUIRED TO HAVE I. GENERAL LIABILITY: P. 02 A. INSURANCE COMPANY: 1NrFW9,PU1II1 I fO114 /,I&A.., gTw - (if/ • B. AM BEST RATING (A VII or greater): A: Xy C. ADMITTED COMPANY: ( Must be Califomia Admitted) Is company a 'tted in California? Yes ✓ No D. LIMITS: (Must be $1,000,000 or greater) What is limit provided ? /ZQQQ, 011A E. PRODUCTS AND COMPLETED OPERATIONS: (Must lclude) Is it include ? Yes_ No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, em ?loyees and volunteers). Is it included? Yes_ No ✓ WWO09 41[� (Ut 44 ) G. PRIMARY AND NON CONTRIBUTORY WORDING: ( t be included) Is it included? Yes No_ H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited yolely by their negligence.) Does endorsement include "solely by negligence" wording? Yes_ No ✓ I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farlry the City will accept the endeavor wording. ll. AUTOMOBILE LIABILITY: 'J��y, �ff �" A. INSURANCE COMPANY: Ul_�(I—ia�/-I�7i—V /UU 'A" B. AM BEST RATING (A VII or greater): /t . A C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes ✓ No_ D. LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) What is limits rovided? /"— , Qz E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes ✓ No_ F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes_L No_ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. III. WORKERS COMPENSATION: " t U4& A4Z A. INSURANCE COMPANY: B. AM BEST RATING (A VII or greater)) A = V C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes--Z No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No >/ IF NO, Wj1ICH ITEMS NEED TO BE COTELETE�? v JAN -31 -2002 THU 02:37 PN FAX N0. P. 01 �(:SCAL-SURANCE California Insurance License 0256292 COMMERCIAL DEPARTMENT FAX COVER SHEET DATE: January 31, 2002 TIME: 1:49 PM Total No. of Pages Including Cover (7) TO FROM FAX NO.: (949)644 -3318 FAX NO.: (714) 939.1654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shauna Oyler PHONE NO.: 714/ 940 -6828 E-MAIL: ciames @calsurance.com RE: MetroPointe Engineer Dear Shauna: Enclosed is the checked certificate for MetroPointe Engineer. Everything looks fine except the word "volunteers" should be included as an Additional Insured. Please refer to the bottom of the checklist for this requirement. If you have any questions with regards to this Certificate, please do not hesitate to give us a call. Thank you, Celia 333 City Boulevard West, Orange, CA 9280 • P.O. Box 7048, Orange, CA 92863 -7648. 714 - 939-0800 •714- 939-1654 0 0 Oyler, Shauna From: Farley, Lauren Sent: Thursday, January 31, 2002 2:58 PM To: Oyler, Shauna Subject: RE: Mariners Village Improvements that's fine. - - -- Original Message From: Oyler, Shauna Sent: Thursday, January 31, 2002 2:56 PM To: Farley, Lauren Subject: RE: Mariners Village Improvements The wording reads: City of Newport Beach, its elected officials, officers, agents, representatives and employees - - - -- Original Message---- - From: Farley, Lauren Sent: Thursday, January 31, 2002 2:53 PM To: Oyler, Shauna Subject: RE: Mariners Village Improvements Does the wording say officers, agents, employees ? ?? - - - -- Original Message - - - -- From: Oyler, Shauna Sent: Thursday, January 31, 2002 2:38 PM To: Farley, Lauren Subject: Mariners Village Improvements I have received approval on all of the original insurance documents that have been submitted by the consultant, Metropointe, for the above project. The only thing they are missing is the word volunteers in the additional insured wording. Since we do not have any volunteers working on this project, do I need to have Metropointe re- submit their insurance? 1 0 C -�/J, J PROFESSIONAL SERVICES AGREEMENT FOR MARINER'S VILLAGE IMPROVEMENTS - PHASE I THIS AGREEMENT, entered into this o�rd day of 2002, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and MetroPointe Engineers, whose address is 3151 Airway Avenue, Suite J -1, Costa Mesa, California, 92626, (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 an Improvement Project in Mariner's Village ( "Project'). C. City desires to engage Consultant to provide professional engineering services for the development and implementation of landscaping, lighting, and signage improvements and traffic calming measures in the Mariner's Village area upon the terms and conditions contained in this Agreement. in L D. The principal member of Consultant for the purpose of the Project is Marie Marston. 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 and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the date of execution, and shall terminate on the 22nd day of January, 2003, 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 one hundred forty-four thousand, forty four and 00/100 Dollars ($144,044.00). 3.1 Consultant shall maintain accounting records of its billings which includes IPA 0 0 the name of the employee, type of work performed, times and dates of ail 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under -3- this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. ME • i 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and 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 Marie Marston 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 -5- written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. CITY POLICY Consultant shall 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 Project proceeds in a manner consistent with City goals and policies. 9. 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. 10. 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. 1A 0 11. 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 indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 12. 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 -7- 0 described herein. 0 Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees a4d- lw4neipe4s of Consultant, per the laws of MM the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured and primary and non - contributory wording, 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 $1 million Dollars. N 9 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, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, 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. 13. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture In 0 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. 14. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 15. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. -10- 0 0 16. 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 or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 17. ADMINISTRATION The Public Works Department will administer this Agreement. Stephen G. Badum 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 -11- 0 0 shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 18. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall 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. 19. 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. 20. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional -12- 9 0 inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 22. 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. 23. 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 -13- 0 0 prior written approval of City. 24. 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 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: Marie Marston MetroPointe Engineers 3151 Airway Avenue, Suite J -1 Costa Mesa, California 92626 (714) 438 -1095 Fax: (714) 438 -1097 25. 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 -14- Ll 0 and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting parry from the other parry of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting parry may terminate the Agreement forthwith by giving to the defaulting parry written notice thereof. 25.1 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. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 27. 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. 28. 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 -15- 0 0 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. 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 30. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. 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. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. -16- 9 0 31. 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 drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: o METROPOINTE ENGINEERS f.\ users \pbw \shared \agreements \MetroPointe Mariners Village.doc -17- • • EXHIBIT A Project Understanding The City of Newport Beach intends to implement a variety of improvements in the Mariners Village area generally bounded by Pacific Coast Highway, Riverside Avenue, Avon Street, and Tustin Avenue. The improvements include: Landscaping and Irrigation including Trees and Shrubs - Coast Highway medians and sidewalk cutouts - Riverside Avenue sidewalk cutouts - Avon Street - Tustin Avenue - Avon Street City Parking Lot - Village Alley between Riverside and Tustin Traffic Calming - Riverside Avenue generally demarcating the commercial /residential interface Pedestrian Lighting - Riverside Avenue - Tustin Avenue - Avon Street - Village Alley between Riverside and Tustin - Avon Street City Parking Lot District Monument Signage - Riverside Avenue The City has decided to separate the work into three phases. Each phase will include the three tasks of pre- design, design, and construction services. The phases are: Phase 1 Coast Highway Improvements Phase 2 Riverside Avenue Phase 3 Tustin Avenue, Avon Street, Village Alley, Avon Street Extension, City Parking Lot For purposes of this scope of work, we understand the City would like Phase 1 to be prepared as a separate project and Phases 2 and 3 as a combined separate project. As such, there will be two design contracts and two construction contracts. We have assumed the preliminary and final design would be prepared sequentially with Phases 2 and 3 following the completion of Phase 1. Scope of Work Within each of the three phases, we understand the project is divided into three tasks. The phases, tasks, and subtasks we have identified are listed below: Phase 1 Coast Highway Improvements Task 1 Pre- Design Subtask 1.1.1 Review Previous Conceptual Study Subtask 1.1.2 Confirm Project Requirements Subtask 1.1.3 Develop Detailed Design Parameters Subtask 1.1.4 Confirm CADD Format and GIS City of Newport Beach Mariners Village Improvement Plan Page 1 0 9 Subtask 1.1.5 Define Program for Field Survey Subtask 1.1.6 Soil Test Borings Subtask 1.1.7 Preliminary Construction Cost Estimates Subtask 1.1.8 Caltrans Encroachment Permit Requirements Subtask 1.1.9 Utility Study Task 2 Design Subtask 1.2.1 Subtask 1.2.2 Subtask 1.2.3 Subtask 1.2.4 Subtask 1.2.5 Subtask 126 Subtask 1.2.7 Subtask 1.2.8 Subtask 1.2.9 Task 3 Construction Subtask 1.3.1 Subtask 1.3.2 Subtask 1.3.3 Subtask 1.3.4 Subtask 1.3.5 Subtask 1.3.6 Subtask 1.3.7 Field Survey and Base Map Site Plan Exhibits for Coastal Development Permit Exhibits and Information for Environmental Document Coordination with Caltrans for Encroachment Permit Plans Concept Detour /Traffic Control Plans Specifications / Estimates / Bid Documents City Council / Coastal Commission Meetings Pre -Bid and Pre - Construction Meetings Shop Drawings and Submittals Review Construction Progress Revisions to Plans and Specifications Addenda Construction Progress Meetings As- Builts Phase 2 Riverside Avenue Task 1 Pre - Design Subtask 2. 1.1 Subtask 2.1.2 Subtask 2.1.3 Subtask 2.1.4 Subtask 2.1.5 Subtask 2.1.6 Subtask 2.1.7 Subtask 2.1.9 Task 2 Design Subtask 2.2.1 Subtask 2.2.2 Subtask 2.2.3 Subtask 2.2.4 Subtask 2.2.6 Subtask 2.2.7 Subtask 2.2.8 Subtask 2.2.9 Task 3 Construction Subtask 2.3.1 Subtask 2.3.2 Subtask 2.3.3 Subtask 2.3.4 Subtask 2.3.5 Subtask 2.3.6 Subtask 2.3.7 Review Previous Conceptual Study Confirm Project Requirements Develop Detailed Design Parameters Confirm CADD Format and GIS Define Program for Field Survey Soil Test Borings Preliminary Construction Cost Estimates Utility Study Field Survey and Base Map Site Plan Exhibits for Coastal Development Permit Exhibits and Information for Environmental Document Plans Concept Detour /Traffic Control Plans Specifications / Estimates / Bid Documents City Council / Coastal Commission Meetings Pre -Bid and Pre - Construction Meetings Shop Drawings and Submittals Review Construction Progress Revisions to Plans and Specifications Addenda Construction Progress Meetings As- Builts City of Newport Beach Mariners Village Improvement Plan Page 2 0 0 Phase 3 Tustin Ave Avon Street Village Alley Avon Street Extension City Parking Lot Task 1 Pre - Design Subtask 3.1.1 Subtask 3.1.2 Subtask 3.1.3 Subtask 3.1.4 Subtask 3.1.5 Subtask 3.1.6 Subtask 3.1.7 Subtask 3.1.9 Task 2 Design Subtask 3.2.1 Subtask 3.2.2 Subtask 3.2.3 Subtask 3.2.4 Subtask 3.2.6 Subtask 3.2.7 Subtask 3.2.8 Subtask 3.2.9 Task 3 Construction Subtask 3.3.1 Subtask 3.3.2 Subtask 3.3.3 Subtask 3.3.4 Subtask 3.3.5 Subtask 3.3.6 Subtask 3.3.7 Review Previous Conceptual Study Confirm Project Requirements Develop Detailed Design Parameters Confirm CADD Format and GIS Define Program for Field Survey Soil Test Borings Preliminary Construction Cost Estimates Utility Study Field Survey and Base Map Site Plan Exhibits for Coastal Development Permit Exhibits and Information for Environmental Document Plans Concept Detour /Traffic Control Plans Specifications / Estimates / Bid Documents City Council / Coastal Commission Meetings Pre -Bid and Pre - Construction Meetings Shop Drawings and Submittals Review Construction Progress Revisions to Plans and Specifications Addenda Construction Progress Meetings As- Builts The following will discuss these tasks and subtasks to define our scope of work. The scope described below is written to apply to the three phases as identified. If all three phase numbers are presented in the subtask description, the subtask applies to each phase. If a subtask is only required for one phase, then it presents only that phase's subtask number. Each subtask is noted whether it will be performed by phase or for all three phases within Phase 1. TASK 1 - PRE - DESIGN Subtask 11.1, 2.1.1, 3.1.1 Review Previous Conceptual Study (performed by phase) We will obtain the previously prepared project documentation and augment that with other available documentation including as- builts of the roadway, as- builts of other adjacent infrastructure, and right -of -way maps. We understand the previous conceptual study included concept studies showing landscaping locations, the Mariners Mile Village Concept Plan (adopted by council on 8114101), lighting concepts and locations, potential concepts on traffic calming, and construction cost estimates. We will also field review the site. Subtask 1.1.2, 2.1.2, 3.1.2 Confirm Proiect Requirements (performed by phase) After review of the previously prepared preliminary studies, this task will ensure that we understand the City's implementation goals for the projects. Specifically, we will define the limits of the improvements along each street, alley and the parking lot, locations and spacing of trees and shrubs, types of trees and shrubs, probable type of irrigation, phasing of the overall project, City of Newport Beach Mariners Village Improvement Plan Page 3 • • lighting standard to be used, traffic calming locations and reasonable considerations of the type of calming to be employed, and phasing requirements. As part of the project confirmation process, we may need to obtain concurrence of specific City and Caltrans details required, may need to meet with City and Caltrans staff, and may need to meet with other stakeholders such as the Mariners Mile Business Owner's Association (MMBOA), the Newport Heights Homeowners Association, City Council members, the California Coastal Commission, and Newport Heights Community Association, and others. Subtask 1.1.3 2.1.3 3.1.3 Develop Detailed Design Parameters (performed by phase) Since the emphasis of the project is landscaping implementation, we expect detailing the project specific design parameters will include preparing a Design Development Landscape Plan. This plan would likely show preliminary phase lines, the general layout of walks, planting areas, conspicuous utilities and signage, and planting, with identification of tree, shrub, groundcover, and turf areas and species recommendations. Additional scope for 2.1.3, Phase 2 — Riverside Avenue For Riverside Avenue, we will develop the basis for a traffic - calming scheme. We will consider the overall intent of the calming and then identify measures which could be studied for implementation. This could include the "bulbing out' of curbs, use of special pavements and installation of a "vertical element' to alert motorists they are entering an area where pedestrians are present and slower speeds are appropriate. Traffic calming measures usually take the form of roadway narrowing, combined with a vertical element, including street furniture and aesthetically designed monument signing. All of these techniques will be examined including the use of special treatment for any pedestrian crossings whereby traffic is not controlled by stop signs or traffic signals. The installation of traffic calming measures is generally controversial therefore, an attempt will be made to secure public input via the City on the measures before a final decision is made. In addition, a trial implementation of any bulb -outs using sand bagging may be considered. We have found that temporary placement of sand bags to simulate traffic calming elements is useful in both preparing the final design and in assessing community acceptance of such measures. Consequently, the use of a 60 to 90 day trial implementation will be evaluated. Subtask 1.1 A, 2.1.4, 3.1.4 Confirm CADD Format and GIS (performed by phase) We will prepare the drawings and exhibits in AutoCad 2002. We will determine up -front with the City, whether there are specific layering formats to be followed and then implement those as requested. This is particularly important if the City wants electronic files made available at the conclusion of our work. If the City has available GIS information which can be included on the base maps, we will augment our field surveyed base map with that information. Additional 1,1.4, Phase 1 — Coast Highway We do not anticipate providing electronic files to Caltrans. In our experience, this is only required when Caltrans administers the construction contract. It is our understanding the City will work under an encroachment permit, and therefore, be the construction contract administrator. Caltrans works in metric format, however, since this project will be processed through their permit department, we will likely be able to prepare the plans imperial format showing metric in parentheses (dual- units). We have had success with this approach on other projects and will verify that it is acceptable prior to preparing the plans in this manner. Subtask 1. 1,5, 2.1.5. 3.1.5 Define Program for Field Survey (performed in Phase 1 } City of Newport Beach Mariners Village Improvement Plan Page 4 0 In this subtask, we will obtain existing vertical and horizontal control data from the County of Orange GPS System and if the City requests, Caltrans data as well. We can tie our survey into both County and Caltrans monuments. We will establish this need prior to performing the field survey. The survey will consist of establishment of horizontal and vertical control, establishing street centerline control, obtaining locations of existing curb returns and critical street geometry, culture and street furniture within the street right of way limits, a few cross sections, particularly on Coast Highway in the proposed landscaped medians, and details of existing facilities directly adjacent to locations of proposed tree /shrub planters within the streets, alley, and parking lot. The program for field survey will be defined in Phase 1 for all three phases. Subtask 1.1.6 2.1.6 3.1.6 Soil Test Borings (performed in Phase 1) It is our understanding there has been some difficulty in tree growth for past plantings. Therefore,. we have included the sampling of on -site soils to determine what amendments may be needed to help induce growth. We have included Wallace Laboratories on our team to obtain and test the samples and prepare a report describing the proposed soil treatments. For purposes of this scope of work, we have included one soil test on Coast Highway (median), one on Tustin Avenue, and the others on Riverside Avenue. It is especially important on Riverside Avenue where past palm tree plantings have not thrived. We will coordinate with the City and our project team to also evaluate the palm subdrainage requirements and provide an opinion on causes for deterioration of previously planted trees. Subtask 1.1.7 2.1.7 3, 1.7 Preliminary Construction Cost Estimates (performed by phase) We will review the previously prepared preliminary construction cost estimates to confirm their quantities, unit prices, and contingencies appear current and recognize the entire project scope. We know this is an important component of the early design review to ensure there is adequate funding once the project is developed for construction. If the cost estimates appear to be understated or overstated, we will discuss with City staff and determine the appropriate course of action. Subtask 1.1.8 Caltrans Encroachment Permit Requirements Phase 1 only) At the time of the notice to proceed, we will need to prepare an encroachment permit application to perform the field survey and agricultural soil test samples within state right -of -way. We will prepare and process this application and permit. The permit generally takes 4 -6 weeks to secure. As a follow up to two meetings the City held with Caltrans last year (1/29/01, 2/21/01), we expect to schedule an additional preliminary meeting with Caltrans to reestablish key contacts for communication between the project team members, City staff, and Caltrans staff. We will also redefine the project, obtain their preliminary thoughts on the proposed Coast Highway landscape improvements, and expected implementation phases as well as establish the expected process for approval. From the previous meetings, we understand Caltrans is concerned about the documentation of existing lane widths on Coast Highway in this segment. Since this project is limited to sidewalk and median plantings, with no changes to the lane configuration, we do not believe this effort will be necessary. We have not included this effort in our fee. Subtask 1.1.9 2,1 ,9, 3.1.9 Utility Studies (performed in Phase 1) During this task, it will be necessary to make contact with the affected utility companies, inform them of this project, and obtain copies of their as -built plans. All underground and overhead utilities within the sphere of the project limits will be contacted to verify location, type, and size of facility. If it is necessary during construction to excavate in the vicinity of any existing utilities, Caltrans will require utility potholing to physically locate underground facilities in State right -of- way. Physically locating utilities has not been included in our fee. City of Newport Beach Mariners Village Improvement Plan Page 5 0 TASK 2 - DESIGN 0 Subtask 1.2.1, 2.2.1 3.2.1 Field Survey and Base Map (performed in Phase 1) In this task, we will prepare the field survey and base map for use in the preparation of plans. The base map will indicate street centerline data, curbs, gutters, cross - gutters, sidewalk, surface utilities and culture, spot elevations, adjacent building limits, etc. We will augment the field survey map with the right -of -way maps and with the collected utility as- builts in creating the base maps. The base map will serve as the base information for all conceptual and final design and construction documents. We will develop the base map by initially creating a base coordinate system in CAD and establishing street centerline data from field survey. We will prepare the base map topography from the centerline data, as -built plans, and field survey. Additional 1.2.1, Phase 1 — Coast Highway The base map for Coast Highway will be prepared in imperial units to meet City standards for consistency throughout the plan set. Caltrans will require metric units for the portions of work within State right -of -way and as such our plan is to show dual units (imperial- metric). We will confirm this prior to performing the field survey and preparation of the base map. Subtask 1.2.2, 2.2.2, 3.2.2 Site Plan (performed by phase) We will prepare a Site Plan, which will in effect show the design development for the landscaping, indicating the following information: a. Preliminary phase lines; b. General layout of walks, planting areas and conspicuous utilities; c. Planting, with identification of type and species of tree, shrub, groundcover, and turf areas and recommendations. Trees and low growing ground cover will not only harmonize with the current streetscape palette, but address water efficiency standards. The plan format will be presentation quality, color renderings at an appropriate scale for viewing from a comfortable distance, accompanied by reduced versions of drawings. This site plan will serve as the preliminary design concept plan. The site plans will be developed to show sufficient detail to ensure the proposed construction elements meet with the City's approval prior to proceeding with final design. The site plans will also include pedestrian lighting, preliminary civil and traffic calming if determined by this point. Subtask 1.2.3 2.2.3, 3.2.3 Exhibits for Coastal Development Permit (performed in Phase 1) We understand the City must prepare and process a Coastal Development Permit (CDP) through the California Coastal Commission. We will support the City in this effort, preparing technical exhibits as necessary to explain the proposed work. For purposes of this proposal, we have assumed four exhibits will be required. Subtask 1.2.4. 2.2.4, 3.2.4 Exhibits and Information for Environmental Document (performed in Phase 1) We will support the City's preparation of the project environmental document by providing information and preparing exhibits as required. For purposes of this proposal, we are assuming two exhibits will be prepared. City of Newport Beach Mariners Village Improvement Plan Page 6 0 0 Subtask 1.2.5 Coordination with Caltrans for Encroachment Permit (Phase 1 only) Based on our experience with the Caltrans Permit Branch on similar projects where minor street work is necessary, such as minor trenching for electrical or irrigation connections, we are anticipating the encroachment permit application will require the following items of work: a. Construction plans for all work in State right -of -way, including traffic control plans and utility plans. b. Water Pollution Control Program (WPCP) meeting Caltrans and State Water Resources Control Board requirements. c. Coordination with several Caltrans functional units including Traffic Operations, Project Design, Environmental Planning, and Materials Research. d. Environmental requirements will include a cultural resources search provided by the South Central Coastal Information Center, and native lands search provided by the Native American Heritage Commission. e. Coordination with utility companies to indicate locations of potential high and low risk facilities on the plans as required per Caltrans Policy on High and Low Risk Utilities. Subtask 1.2.6. 2.2.6. 3.2.6 Plans (performed by phase We will prepare drawings for each phase of the project. Generally, there will be street and parking lot civil drawings, details for demolition, landscaping and irrigation, lighting, irrigation, traffic calming, and potentially utility modification plans. Street Plans Street plans would indicate sidewalk cutouts for planters, median modifications, if any, and traffic calming treatments. The plans will show existing curb, sidewalk, medians, and driveways. They will also show existing private property features and right -of -way lines. We do not anticipate new medians or new curbs and therefore, no profiles are anticipated. Pavement and /or sidewalk removal limits and reconstruction will be delineated. If replacement of concrete is necessary at the cutouts, our plans will indicate that. Drainage modifications are not anticipated. Construction detail sheets would be necessary to define the specific improvements including any specific monument signs, sidewalk cutouts, traffic calming devices, and other facilities as may be encountered. Traffic signing and striping modifications are not anticipated. If the traffic calming measures impacted the existing pavement delineation, we would provide a plan to indicate the replacement delineation. Utilitv Review We will preliminarily determine the conflicts or impacts the improvements will have with the existing utilities and summarize the information on the project plans. We will provide continued coordination and related follow -up with the affected underground and overhead utility companies regarding the specific impact locations throughout the project as well as identifying their future needs. We will identify costs associated with utility modifications or relocation, if necessary. Cost evaluation will require a determination of prior rights. We will work with the City in determining prior rights. If the utility company has prior rights, the modification cost will be borne within the project and included in the cost estimates. If the City has prior rights, the modification cost will be City of Newport Beach Mariners Village Improvement Plan Page 7 0 borne by the utility company. The City will be kept informed of contacts with the utility companies and, if desired, will receive copies of collected utility information and correspondence. Our preliminary engineering plans will be forwarded to the utility companies so they can verify their facilities and impacts and use them for their modification /relocation design, if required. Landscaping We will prepare a preliminary landscape development plan to be used for general discussion among the City staff. After comments have been received, we will prepare construction landscape plans. We will prepare planting plans showing tree, shrub, vine, and groundcover locations. A plant list, with plant names and sizes, will be provided. Lighting & Electrical Design Based on the Design Development Landscape Plan, we will determine irrigation points of connection, electrical service requirements, and sleeving requirements. We will also determine the general layout of the electrical connection for the irrigation equipment. We will prepare irrigation plans showing identification, location, and sizing of irrigation systems and their component parts. This work will require coordination with the electric company on power source for the irrigation controller and show the point of connection for irrigation on the drawings. We will also prepare details of the planting, irrigation, meter box footings, landscape and electrical materials with information required for construction, installation and finishing of the landscape components of the project. Based on the Design Development Landscape Plan, and preferred City spacing for pedestrian lights, we will prepare a general layout of the pedestrian lights and lights for signage provided by others with catalogue cut sheets. Submittals Phase 1 — Coast Highway Caltrans requires complete documents prior to submittal to their permits department. We expect we will have three submittals — the first will be 90 %, which will represent a complete set of plans, lacking only responses to Caltrans comments. After we receive their comments, the 100% set will be submitted for review. Minor comments would be anticipated and the final bid document set would be submitted to obtain their approval and the encroachment permit. Phases 2 and 3 — Riverside Avenue, Tustin Avenue, Avon Street and Extension, City Parking Lot Following the submittal of our draft site /concept plan, we expect we would prepare and submit to the City a 75 %, a 90 %, and a 100% set of construction documents for review. 75% Submittal • Plans with enough detail for City to review impacts • Outline Specifications • Cost Estimate (15% Contingency) 90% Submittal • Plans at a 100% complete level, less responses to comments. • Full Specifications • Cost Estimate (10% Contingency) • Bid List 100% Submittal City of Newport Beach Mariners Village Improvement Plan Page 8 • • • Complete Plans (Autocadd 2002) • Complete Specifications (electronic and hard copy) • Cost Estimate (5% Contingency) • Bid List (electronic and hard copy) • 1 set of Plan Originals on Mylar • Cost Estimate (Electronic & Hard Copy) • Specifications (Electronic & Hard Copy) Subtask 1.2.7. 2.2.7, 3.2.7 Conceot Detour /Traffic Control Plans (Derformed by ohase We will prepare concept — level detour and traffic control plans. The plans would delineate the work area and the traffic control appropriate in accordance with the WATCH handbook. Caltrans will require traffic control plans for work in State right -of -way based on Caltrans standards. Subtask 1.2.8. 2.2.8. 3.2.8 Specifications. Estimates. Bid Documents (oerformed by ohase) Specifications & Bid Documents We will prepare or refer to a standard specification for all the technical items of work. As part of the specifications preparation, we will ensure there are pay clauses appropriate to each bid item. The pay clause will include the payment method for each item. Per the City's requirements, we will prepare the project specifications using the City's Standard Special Provisions (1994 Edition) and the Standard Specifications for Public Works Construction. We expect the City will provide the General Conditions, Special Requirements, Bid Forms, bond information, etc. We will work with the City on assembling the entire contract document package. Quantity Calculations and Cost Estimates A construction quantity and cost estimate will be prepared for each of the submittals. The estimate will show quantities and unit prices for each item along with appropriate mobilization and contingency costs. Our unit prices will be based on a combination of prices obtained from recent construction bids for similar projects, discussions with City staff, and discussions with others in the construction industry. The items listed in the cost estimate will be the basis for the preparation of the bid list. We will work with the City to ensure the bid schedule is in accordance with the City's preference for the item list, method of measurement, etc. Subtask 1.2.9, 2.2.9 3.2 ,9 City Council / Coastal Commission Meetinqs (performed by phase) We will identify the stakeholders at the project onset and determine the extent of coordination and deliverables necessary. This project could have a number of stakeholders beyond the customary project team of the City, consultant, and Caltrans, such as City Council members, business representatives from Mariners Village (Mariners Mile Business Owner's Association), the California Coastal Commission, and Newport Heights Community Association. We will support the City throughout the project development and will attend meetings at the City Council, Coastal Commission or others as requested. We have put in an allowance in our budget for these meetings. How many? Subtask 1.2.10.2.2.10 3.2.10 Design meetings (performed by phase) Project team meetings will be held regularly to ensure project goals are met and to resolve issues, discuss status, coordinate design, determine phasing, determine scope, etc. We expect we would have a kickoff meeting and other meetings throughout the project development City of Newport Beach Mariners Village Improvement Plan Page 9 0 i process. Additionally, meetings would be held with Caltrans following the submittal of our permit documents and their review. We will meet after the City and Caltrans reviews. The meetings would be devoted to reviewing the comments, clarifying the design, and agreeing to the required changes for the next submittal. We also want to be sure that each submittal has fully addressed the reviewer's comments. In addition to the required meetings, we will also provide coordination between the, City, Caltrans, project team, and other stakeholders to ensure the project is on track and the schedule maintained. TASK 3 • CONSTRUCTION Subtask 1.3.1, 2 3 1 3.3 .1 Pre -Bid Meeting and Pre- Construction Meeting (performed b phase We will attend the City's pre -bid meeting and pre- construction meetings. At this time, we have estimated there will be two of each — one contract for Phase 1 and one contract for Phases 2 and 3. Pre -bid services will include responding to bidders' questions, keeping a log of bidders' questions and the responses we provide. The log of bidders questions and answers provided will be submitted to the City upon the close of the bidding period. Questions arising from the bidders shall be discussed, as necessary, with the City prior to responding to the bidders. Pre - construction services will include attending the pre- construction meeting, analysis of the Contractor's payment schedule, and analysis of the Contractor's construction schedule. Subtask 1.3.2, 2.3.2, 3.12 Shop Drawings and Submittals (performed by phase) As submitted by the Contractor and received from the Construction Manager, we will check the construction and shop drawing submittals for conformity with the intent of the plans and specifications. Shop drawings and submittals are expected to include review of plan material photographs, samples of materials specified, etc. Based on approval of the plant material photographs, we will tag the palms at the place of growth. We will return the required number of copies to the Construction Manager with particular comments noted and in accordance with the time frames established. We will keep an updated log of submittals received indicating the date received, dates sent and returned from subconsultants if applicable, date returned to the Construction Manager, and the status of each whether approved or returned requiring additional information. We can provide copies of the log over the course of the construction as requested by the City. Subtask 1.3.3, 2.3.3, 3.3.3 Review Construction Progress (performed by phase) At the request of the City or Construction Manager, we will provide consultation and advice. We will coordinate with the City, Contractor, the Construction Manager, and project team to resolve issues and respond to telephone and meeting related inquiries. We will review design changes as they occur and work closely with the City to facilitate timely responses when changes arise. As necessary, we will prepare written clarification in response to Contractor's Requests for Information (RFIs). We will make periodic visits to the site to become familiar with the progress and quality of construction and to ascertain whether the construction work is proceeding in accordance with our design intent and contract documents. We will observe the layout and installation of proposed pavements, observe the location and quality of plant material and landscape grading, observe layout and installation of irrigation systems and specified coverage tests, and observe in order to establish 90 -day establishment period in coordination with the City's landscape maintenance personnel. At the end of the 90 -day establishment period, we will conduct a final observation City of Newport Beach Mariners Village Improvement Plan Page 10 and, upon finding the project acceptable, and recommend acceptance of the landscape installation to the City. Subtask 1.3.4. 2.3.4, 3.3.4 Revisions to Plans and Specifications (performed by phase) If requested during construction, we will make revisions to the plans and specifications to facilitate a design change intent. We will ensure these changes reflect the City and Caltrans overall intent and meet current standards. Subtask 1.3.5, 2.3.5, 3.3.5 Addenda (performed by phase) During the bid period, we will prepare addenda if changes are discovered or clarifications are needed that should be reflected in the contractor's bids. We will coordinate with the City and Caltrans before issuance. Subtask 1.3.6 2.3.6 3.3.6 Construction Progress Meetings (performed by phase) We anticipate the City will request us to attend some of the Contractor's progress meetings during the course of construction. Our attendance may be required to discuss RFIs, shop drawings, review progress, and other construction related issues. We may also meet at the site to review existing site conditions prior to beginning construction. Subtask 1.3.7, 2.3.7, 3.3.7 As- Builts (performed by phase) Following the completion of the construction, we will acquire the Contractor's daily red - pencil "as- built" plans from the City. We will revise our plans to indicate all field changes on the original file drawings. This final "as- built' set of drawings will be provided to the City for their records. Our Project team agrees to incorporate the following (as described in the RFP Section C) into our design documents: Standards. Manuals, and Reauirements • 1994 City of Newport Beach Design Criteria, Special Provisions, and Standard Drawings for Public Works Construction • "Green Book" — Standard Specifications for Public Works Construction • ADA Requirements • Caltrans Standard Plans for Signing and Striping • City Requirements and Approval for Plans, Special Provisions, and Contract Bid Documents • City Standard Professional Services Agreement • $1.0 Million E &O Insurance with City named as Additional Insured • Products become Public Domain Production Techniques • Autocadd 2002 • City Standard Mylars Sheets (final plots) • Format Electronic Files for Construction Staking • Reproduction Cost Included in Proposal — Progress Drawings and Final Mylars • Signed Drawings and Documents Management Techniques • Informal Reviews of Progress • Day to Day Communication with City City of Newport Beach Mariners Village Improvement Plan Page 11 0 0 • Coordination Meetings • Documents Signed by Consultant (appropriately licensed individuals) • Committed and Assigned Key Personnel — Changes only with City Approval • Experienced Project Manager and Dedicated Design Team Through Completion of Project • Payment based on Monthly Requests for Reimbursement • Work Begins upon Notice to Proceed Issued by City We understand all of these requirements and take no exception. City of Newport Beach Mariners Village Improvement Plan Page 12 0 Project Team 0 We have assembled our project team based on the City's requirements for this project, quality reputations and strengths of the firms, their personnel, and our previous working relationships. Our Project Team includes subconsultants who are an integral part of the Team providing specialists in all disciplines required for the project. The Project Team includes: MetroPointe Engineers, Inc. Kirby & Company d.d. Pagano Irrigation Konsortum 1 Wallace Laboratories Austin -Foust Associates Kelsurveys Sudconsultants Project Management / Civil Engineering Landscape Architecture Irrigation Consulting Electrical Engineering / Lighting Agricultural Soil Testing Traffic Engineering Field Survey / Base Mapping Kirby & Company is a professional consulting practice offering capabilities of resolving contemporary urban design and planning problems. For 20 years, the professionals at Kirby & Company have been involved in a wide range of urban, suburban, regional, and campus projects of all sizes. Kirby's projects reflect a commitment to interdisciplinary design solutions responsive to both site conditions and clients' needs. They interplay their knowledge of land use planning, urban design, landscape architecture, site planning, regional and urban planning and environmental analysis into play with other related disciplines to create innovative and workable built environments. Kirby's approach to planting design creates plant palettes that support regional landscape identity, enhance the particular qualities of the site, and form sustainable groupings based on cultural compatibility. They have extensive experience in all facets of land planning and design and are dedicated to the development of exemplary projects that withstand the test of time in creating imageable and livable environments. d.d. Pagano, Inc. Irrigation Consultants has provided professional services for over thirty years in development and research in the field of irrigation. Irrigation design development, product research and testing, water conservation analysis, system analysis and construction methods are only a few of the services that make d.d. Pagano, Inc. Irrigation Consultants a recognized leader in the field of irrigation consulting. This knowledge and experience is reflected in all irrigation designs - designs which are geared to provide the end user with the most efficient, innovative and cost - effective irrigation system possible. The staff of d.d. Pagano, Inc. Irrigation Consultants has provided expertise in the field of irrigation design and consultation for a variety of projects with special interest in the design of resorts, residential communities and commercial developments. Their office has worked closely with many communities and commercial developers to determine the specific irrigation needs of each development, as well as long term maintenance requirements. This information has been compiled in order to help develop irrigation design and construction criteria compatible with the environmental conditions of various resort/commercial projects. In addition to design and consultation work for resort/commercial projects, the firm has provided design and consultation work for mitigation of plant restoration and wildlife habitat areas. All projects draw upon a variety of irrigation design concepts and methods to meet every need. City of Newport Beach Mariners Village Improvement Plan Page 13 KONSORTUM 1 is a full- service electrical engineering firm specializing in design and engineering for major commercial, educational, retail, corporate, institutional, hospitality and municipal projects. Services include all aspects of architectural lighting design, telecommunications consulting, audio /visual, and access control / security system consulting. The firm's staff, assisted by the latest computer -aided design technology, serves clients ranging from nationally recognized architects, large corporations and national developers, universities and educational groups, as well as design -build electrical contractors. KONSORTUM 1 provides a full range of design services including the following: full service electrical engineering, architectural lighting consulting, utility company consulting, fire alarm and life safety systems consulting, security and access control systems consulting, CCTV security systems consulting, audio / visual systems consulting, telecommunications systems consulting, and electrical due diligence surveys and reports. Austin Foust Associates provides traffic and transportation planning and design to both public and private clients. They specialize in traffic modeling, traffic operations, parking and lighting studies, signal design, signing and striping, traffic handling /phasing /detouring, traffic control, and traffic management plans. The staff of Austin -Foust and MetroPointe Engineers have worked together on numerous projects for over 10 years. Kelsurveys is in the practice of land surveying. The professional tasks they offer include A.L.T.A. land title surveys, residential /commercial /industrial, as -built certification, subdivision, boundary surveys, record of survey mapping, complete photogrammetric services, tentative and final parcel mapping, horizontal and vertical monitoring, topographic survey (aerial and ground depiction, legal description preparation, lot line adjustments, and utility research and coordination. The utilization of the state of the -art computer and survey equipment (total stations) enables Kelsuveys to be very competitive with field to office operations. The firm's personnel have combined years of experience exceeding one -half century. City of Newport Beach Mariners Village Improvement Plan Page 14 0 0 We have prepared the attached project schedule as a draft to begin discussions with the City. It indicates the work performed in two steps consisting of Phase t followed by a combined Phase 2 and Phase 3. Each task and subtask of the phases is indicated as described in our scope of services. We believe our schedule would provide for a realistic duration with appropriate review periods. City of Newport Beach Mariners Village Improvement Plan Page 15 roPoint e - ngineers PROFESSIONAL SERVICES Principal Project Manager Senior Engineer Engineer/ Sr. Designer Jr. Engineer/ Designer CADD Designer / Technician Clerical / Admin Support REIMBURSABLE EXPENSES Reproduction Consultant Services Automobile Transportation Computer Plots Delivery, Freight, Courier Agency Fees Commercial Travel / Subsistence RATE SCHEDULE Effective Through 12/31/02 40 HOURLY RATE ($) $110.00 $100.00 $ 90.00 $ 70.00 $ 60.00 $ 50.00 Cost Cost plus 10% $0.365 / mile $ 1.50 ! SF Bond $ 2.001 SF Vellum $ 3.00 / SF Color $ 4.00 / SF Mylar Cost Cost Cost 0 Mariners Village Improvement Plan Phase 1 - Pacific Coast Highway MetroPointe $67,125 Kirby $63,968 Subtotal $131,093 Markup & Reimbursables $12,951 Total Phase 1 $144,044 Phase 2 & 3 - Riverside Avenue; Tustin Avenue Avon Street, Villate Alley, Avon Street Ext City Parking Lot MetroPointe Phase 2 $35,800 MetroPointe Phase 3 529,380 Kirby Phase 2 & 3 $94,130 Subtotal $159,310 Markup & Reimbursables $23,897 Total Phases 2 &3 $183,207 Total Phases 1, 2, & 3 $327,251 • EXHIBIT B TO: Mayor and Members of the City Council FROM: Public Works Department • January 22, 2002 CITY COUNCIL AGENDA ITEM NO. SUBJECT: MARINERS VILLAGE IMPROVEMENT PLAN - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS RECOMMENDATIONS: 1. Approve Phase I of the Professional Services Agreement with MetroPointe Engineers, of Costa Mesa, California, for Engineering Design Services in the Mariner's Village area at a contract price of $144,044 for Phase I of the project. 2. Authorize the Public Works Director to proceed with Phase I of the design improvements to Coast Highway at a cost of $144,044. DISCUSSION: City Council approved the Mariner's Village Improvement Plan in concept on August 14, 2001. Due to the complexity of the State permit process and expertise required in implementing a traffic calming phase, it was recommended that a civil engineering professional with multiple levels of expertise be retained as project designer /coordinator. On August 28, 2001, City Council directed staff to solicit Request For Proposals (RFP) for engineering design services that would meet our requirements for conceptual plan execution in plans and specifications, Caltrans permit processing, and traffic calming engineering. The proposals would address design costs for a three - phased approach to completing design of Coast Highway, Riverside Avenue and Tustin Avenue. However, in order to maintain continuity with the previous work effort of the Mariner's Village concept plan, the RFP required that Kirby & Company be utilized as the landscape design sub - consultant. Ms. Kirby's firm has a long history of participation in the planning and design efforts, has played a key role in shaping the project, and has been instrumental in gaining community support for the project. Three firms responded to the City's Request For Proposal: • The Keith Companies • MetroPointe Engineers • W. G. Zimmerman Engineering The proposals were reviewed to evaluate each consultant's qualifications, past experience on similar projects, and availability. MetroPointe Engineers was ranked the highest. Upon selection, staff negotiated with Marie Marston of MetroPointe Engineers, to provide the • ' SUBJECT: MARINERS VILLAGE IM &EMENT PLAN - APPROVAL OF PROFESSIA SERVICES AGREEMENT WITH METROPOINTE ENGINEERS January 22, 2002 Page 2 necessary scope of services for a fee of $327,251. Metro Pointe Engineers has completed design services competently and professionally on similar projects for other local agencies in Southern California. However, due to the current budget allocated for the project, the professional fee structure for a three - phased approach was developed. The three phases entail Concept Plan design for: • Phase I — Coast Highway, $144,044 • Phases II and III — Riverside Avenue, including traffic calming improvement, Tustin Avenue, Avon Street, Village Alley, Avon Street Extension, City Parking Lot, $183,207 The construction costs for the Council- approved Concept Plan is estimated at $1.3 million for the three phases identified above. The breakdown of construction costs by phase is: • Phase I — Coast Highway, $271,289 • Phase II — Riverside Avenue, including traffic calming improvement, $452,250 • Phase III — Tustin Avenue, Avon Street, Village Alley, Avon Street Extension, City Parking Lot, $618,662 The scope of MetroPointe Engineer's professional services will include the following activities: • Field surveying, utility conflict resolution and soil investigation for new landscape elements • Design and plans and specification preparation for new landscaping, irrigation, lighting, signing, and street furniture • Caltrans permit/agreement preparation • Traffic calming design and plan preparation • Limited construction engineering assistance as requested by the City • Traffic control plan preparation for contractor. The current FY2001/02 budget allocates $300,000 for design and construction within the General Fund, Account No. 7014- C2700500. Staff proposes that City Council approve the Professional Services Agreement and authorize the design of the Phase I, Coast Highway, portion of the project only. This action will ensure that adequate funds will be available to complete the design the first phase of the concept plan within this fiscal year. Staff will be proposing to fund the construction of Phase I in the FY 2002/03 budget. Respectfully submitted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director ME Janet L. Divan, P.E. Associate Civil Engineer Attachment: Professional Services Agreement JAN 2 2 2002 TO: Mayor and Members FROM: Public Works Department January 22, 2002 CITY COUNCIL AGENDA ITEM NO. 19 SUBJECT: MARINERS VILLAGE IMPROVEMENT PLAN - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS RECOMMENDATIONS: 1. Approve Phase I of the Professional Services Agreement with MetroPointe Engineers, of Costa Mesa, California, for Engineering Design Services in the Mariner's Village area at a contract price of $144,044 for Phase I of the project. 2. Authorize the Public Works Director to proceed with Phase I of the design improvements to Coast Highway at a cost of $144,044. DISCUSSION: City Council approved the Mariner's Village Improvement Plan in concept on August 14, 2001. Due to the complexity of the State permit process and expertise required in implementing a traffic calming phase, it was recommended that a civil engineering professional with multiple levels of expertise be retained as project designer /coordinator. On August 28, 2001, City Council directed staff to solicit Request For Proposals (RFP) for engineering design services that would meet our requirements for conceptual plan execution in plans and specifications, Caltrans permit processing, and traffic calming engineering. The proposals would address design costs for a three - phased approach to completing design of Coast Highway, Riverside Avenue and Tustin Avenue. However, in order to maintain continuity with the previous work effort of the Mariner's Village concept plan, the RFP required that Kirby & Company be utilized as the landscape design sub - consultant. Ms. Kirby's firm has a long history of participation in the planning and design efforts, has played a key role in shaping the project, and has been instrumental in gaining community support for the project. Three firms responded to the City's Request For Proposal: • The Keith Companies • MetroPointe Engineers • W. G. Zimmerman Engineering The proposals were reviewed to evaluate each consultant's qualifications, past experience on similar projects, and availability. MetroPointe Engineers was ranked the highest. Upon selection, staff negotiated with Marie Marston of MetroPointe Engineers, to provide the SUBJECT: MARINERS VILLAGE It VEMENT PLAN - APPROVAL OF PROFESSI� SERVICES AGREEMENT WITH METROPOINTE ENGINE January 22, 2002 Page 2 necessary scope of services for a fee of $327,251. MetroPointe Engineers has completed design services competently and professionally on similar projects for other local agencies in Southern California. However, due to the current budget allocated for the project, the professional fee structure for a three - phased approach was developed. The three phases entail Concept Plan design for: • Phase I — Coast Highway, $144,044 • Phases II and III — Riverside Avenue, including traffic calming improvement, Tustin Avenue, Avon Street, Village Alley, Avon Street Extension, City Parking Lot, $183,207 The construction costs for the Council- approved Concept Plan is estimated at $1.3 million for the three phases identified above. The breakdown of construction costs by phase is: • Phase I — Coast Highway, $271,289 • Phase II — Riverside Avenue, including traffic calming improvement, $452,250 • Phase III — Tustin Avenue, Avon Street, Village Alley, Avon Street Extension, City Parking Lot, $618,662 The scope of MetroPointe Engineer's professional services will include the following activities: • Field surveying, utility conflict resolution and soil investigation for new landscape elements • Design and plans and specification preparation for new landscaping, irrigation, lighting, signing, and street furniture • Caltrans permit/agreement preparation • Traffic calming design and plan preparation • Limited construction engineering assistance as requested by the City Traffic control plan preparation for contractor. The current FY2001/02 budget allocates $300,000 for design and construction within the General Fund, Account No. 7014- C2700500. Staff proposes that City Council approve the Professional Services Agreement and authorize the design of the Phase I, Coast Highway, portion of the project only. This action will ensure that adequate funds will be available to design the first phase of the concept plan within this fiscal year. Staff will be proposing to fund the construction of Phase I in the FY 2002/03 budget. Respectful bmmd, P; L WORKS DEPARTMENT Stephen G. Badum, Director By: d. OUIT,� net L. Divan, P.E. ssociate Civil Engineer Attachment: Professional Services Agreement 0 • DRAFT PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS FOR PHASE 1, ENGINEERING DESIGN SERVICES ON THE MARINER'S VILLAGE IMPROVEMENT PROJECT THIS AGREEMENT, entered into this 22 "d day of January, 2002, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and MetroPointe Engineers, whose address is 3151 Airway Avenue, Suite J -1, Costa Mesa, California, 92626, (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 an Improvement Project in Mariner's Village ( "Project "). C. City desires to engage Consultant to provide professional engineering services for the development and implementation of landscaping, lighting, and signage improvements and traffic calming measures in the Mariner's Village area upon the terms and conditions contained in this Agreement. -1- 0 0 D. The principal member of Consultant for the purpose of the Project is Marie Marston. 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 and conditions provided in this Agreement. NOW., THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the date of execution, and shall terminate on the 22nd day of January, 2003, 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 one hundred forty-four thousand, forty four and 00/100 Dollars ($144,044.00). 3.1 Consultant shall maintain accounting records of its billings which includes -2- 0 0 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under Eta i • this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. le 0 0 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and 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 Marie Marston 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 -5- 9 E written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. CITY POLICY Consultant shall 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 Project proceeds in a manner consistent with City goals and policies. 9. 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. 10. 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. in 0 0 11. 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 indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 12. 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 -7- 0 0 described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured and primary and non - contributory wording, 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 $1 million Dollars. in 0 0 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, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, 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. 13. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture 0 0 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. 14. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 15. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. -10- 0 0 16. 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 or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 17. ADMINISTRATION The Public Works Department will administer this Agreement. Stephen G. Badum 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 -11- 0 shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 18. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall 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. 19. 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. 20. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional -12- 9 0 inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 22. 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. 23. 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 -13- prior written approval of City. 24. 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 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: Marie Marston MetroPointe Engineers 3151 Airway Avenue, Suite J -1 Costa Mesa, California 92626 (714) 438 -1095 Fax: (714) 438 -1097 25. 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 50 0 E and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other parry 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. 25.1 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. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 27. 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. 28. 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 -15- 0 0 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. 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 30. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. 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. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. -16- 31. 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 drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk f:l userst pbw�shared tagreements\MetroPointe Mariners Village.doc -17- CITY OF NEWPORT BEACH A Municipal Corporation 0 METROPOINTE ENGINEERS 0 • EXHIBIT A Project Understanding The City of Newport Beach intends to implement a variety of improvements in the Mariners Village area generally bounded by Pacific Coast Highway, Riverside Avenue, Avon Street, and Tustin Avenue. The improvements include: Landscaping and Irrigation including Trees and Shrubs - Coast Highway medians and sidewalk cutouts - Riverside Avenue sidewalk cutouts - Avon Street Tustin Avenue Avon Street City Parking Lot Village Alley between Riverside and Tustin Traffic Calming - Riverside Avenue generally demarcating the commercial /residential interface Pedestrian Lighting - Riverside Avenue - Tustin Avenue - Avon Street - Village Alley between Riverside and Tustin - Avon Street City Parking Lot District Monument Signage - Riverside Avenue The City has decided to separate the work into three phases. Each phase will include the three tasks of pre- design, design, and construction services. The phases are: Phase 1 Coast Highway Improvements Phase 2 Riverside Avenue Phase 3 Tustin Avenue, Avon Street, Village Alley, Avon Street Extension, City Parking Lot For purposes of this scope of work, we understand the City would like Phase 1 to be prepared as a separate project and Phases 2 and 3 as a combined separate project. As such, there will be two design contracts and two construction contracts. We have assumed the preliminary and final design would be prepared sequentially with Phases 2 and 3 following the completion of Phase 1. Scope of Work Within eac?i of the three phases, we understand the project is divided into three tasks. The phases, tasks, and subtasks we have identified are listed below: Phase 1 Coast Highway Improvements Task 1 Pre - Design Subtask 1.1.1 Review Previous Conceptual Study Subtask 1.1.2 Confirm Project Requirements Subtask 1.1.3 Develop Detailed Design Parameters Subtask 1.1.4 Confirm CADD Format and GIS City of Newport Beach Mariners Village Improvement Plan Page 1 11 • Subtask 1.1.5 Define Program for Field Survey Subtask 1.1.6 Soil Test Borings Subtask 1.1.7 Preliminary Construction Cost Estimates Subtask 1.1.8 Caltrans Encroachment Permit Requirements Subtask 1.1.9 Utility Study Task 2 Design Subtask 1.2.1 Subtask 1.2.2 Subtask 1.2.3 Subtask 1.2.4 Subtask 1.2.5 Subtask 1.2.6 Subtask 1.2.7 Subtask 1.2.8 Subtask 1.2.9 Task 3 Construction Subtask 1.3.1 Subtask 1.3.2 Subtask 1.3.3 Subtask 1.3.4 Subtask 1.3.5 Subtask 1.3.6 Subtask 1.3.7 Field Survey and Base Map Site Plan Exhibits for Coastal Development Permit Exhibits and Information for Environmental Document Coordination with Caltrans for Encroachment Permit Plans Concept Detour /Traffic Control Plans Specifications / Estimates / Bid Documents City Council / Coastal Commission Meetings Pre -Bid and Pre- Construction Meetings Shop Drawings and Submittals Review Construction Progress Revisions to Plans and Specifications Addenda Construction Progress Meetings As- Builts Phase 2 Riverside Avenue Task 1 Pre - Design Subtask 2.1.1 Subtask 2.1.2 Subtask 2.1.3 Subtask 2.1.4 Subtask 2.1.5 Subtask 2.1.6 Subtask 2.1.7 Subtask 2.1.9 Task 2 Design Subtask 2.2.1 Subtask 2.2.2 Subtask 2.2.3 Subtask 2.2.4 Subtask 2.2.6 Subtask 2.2.7 Subtask 2.2.8 Subtask 2.2.9 Task 3 Construction Subtask 2.3.1 Subtask 2.3.2 Subtask 2.3.3 Subtask 2.3.4 Subtask 2.3.5 Subtask 2.3.6 Subtask 2.3.7 Review Previous Conceptual Study Confirm Project Requirements Develop Detailed Design Parameters Confirm CADD Format and GIS Define Program for Field Survey Soil Test Borings Preliminary Construction Cost Estimates Utility Study Field Survey and Base Map Site Plan Exhibits for Coastal Development Permit Exhibits and Information for Environmental Document Plans Concept Detour /Traffic Control Plans Specifications / Estimates / Bid Documents City Council / Coastal Commission Meetings Pre -Bid and Pre - Construction Meetings Shop Drawings and Submittals Review Construction Progress Revisions to Plans and Specifications Addenda Construction Progress Meetings As- Builts City of Newport Beach Mariners Village Improvement Plan Page 2 Phase 3 Tustin Ave, Avon Street, Village Alley, Avon Street Extension, City Parking Lot Task 1 Pre - Design Subtask 3.1.1 Subtask 3.1.2 Subtask 3.1.3 Subtask 3.1.4 Subtask 3.1.5 Subtask 3.1.6 Subtask 3.1.7 Subtask 3.1.9 Task 2 Design Subtask 3.2.1 Subtask 3.2.2 Subtask 3.2.3 Subtask 3.2.4 Subtask 3.2.6 Subtask 3.2.7 Subtask 3.2.8 Subtask 3.2.9 Task 3 Construction Subtask 3.3.1 Subtask 3.3.2 Subtask 3.3.3 Subtask 3.3.4 Subtask 3.3.5 Subtask 3.3.6 Subtask 3.3.7 Review Previous Conceptual Study Confirm Project Requirements Develop Detailed Design Parameters Confirm CADD Format and GIS Define Program for Field Survey Soil Test Borings Preliminary Construction Cost Estimates Utility Study Field Survey and Base Map Site Plan Exhibits for Coastal Development Permit Exhibits and Information for Environmental Document Plans Concept Detour /Traffic Control Plans Specifications / Estimates / Bid Documents City Council / Coastal Commission Meetings Pre -Bid and Pre- Construction Meetings Shop Drawings and Submittals Review Construction Progress Revisions to Plans and Specifications Addenda Construction Progress Meetings As- Builts The following will discuss these tasks and subtasks to define our scope of work. The scope described below is written to apply to the three phases as identified. If all three phase numbers are presented in the subtask description, the subtask applies to each phase. If a subtask is only required for one phase, then it presents only that phase's subtask number. Each subtask is noted whether it will be performed by phase or for all three phases within Phase 1. TASK 1 - PRE - DESIGN Subtask 1.1.1, 2.1.1 3.1.1 Review Previous Conceptual Study (performed by phase) We will obtain the previously prepared project documentation and augment that with other available documentation including as- builts of the roadway, as- builts of other adjacent infrastructure, and right -of -way maps. We understand the previous conceptual study included concept studies showing landscaping locations, the Mariners Mile Village Concept Plan (adopted by council on 8/14/01), lighting concepts and locations, potential concepts on traffic calming, and construction cost estimates. We will also field review the site. Subtask 1.1.2 2.1.2 3.1.2 Confirm Project Requirements (performed by phase) After review of the previously prepared preliminary studies, this task will ensure that we understand the City's implementation goals for the projects. Specifically, we will define the limits of the improvements along each street, alley and the parking lot, locations and spacing of trees and shrubs, types of trees and shrubs, probable type of irrigation, phasing of the overall project, City of Newport Beach Mariners Village Improvement Plan Page 3 0 0 lighting standard to be used, traffic calming locations and reasonable considerations of the type of calming to be employed, and phasing requirements. As part of the project confirmation process, we may need to obtain concurrence of specific City and Caltrans details required, may need to meet with City and Caltrans staff, and may need to meet with other stakeholders such as the Mariners Mile Business Owner's Association (MMBOA), the Newport Heights Homeowners Association, City Council members, the California Coastal Commission, and Newport Heights Community Association, and others. Subtask 1.1.3, 2.1.3, 3.1.3 Develop Detailed Design Parameters (performed by phase) Since the emphasis of the project is landscaping implementation, we expect detailing the project specific design parameters will include preparing a Design Development Landscape Plan. This plan would likely show preliminary phase lines, the general layout of walks, planting areas, conspicuous utilities and signage, and planting, with identification of tree, shrub, groundcover, and turf areas and species recommendations. Additional scope for 2.1.3, Phase 2 — Riverside Avenue For Riverside Avenue, we will develop the basis for a traffic - calming scheme. We will consider the overall intent of the calming and then identify measures which could be studied for implementation. This could include the "bulbing out" of curbs, use of special pavements and installation of a "vertical element" to alert motorists they are entering an area where pedestrians are present and slower speeds are appropriate. Traffic calming measures usually take the form of roadway narrowing, combined with a vertical element, including street furniture and aesthetically designed monument signing. All of these techniques will be examined including the use of special treatment for any pedestrian crossings whereby traffic is not controlled by stop signs or traffic signals. The installation of traffic calming measures is generally controversial therefore, an attempt will be made to secure public input via the City on the measures before a final decision is made. In addition, a trial implementation of any bulb -outs using sand bagging may be considered. We have found that temporary placement of sand bags to simulate traffic calming elements is useful in both preparing the final design and in assessing community acceptance of such measures. Consequently, the use of a 60 to 90 day trial implementation will be evaluated. Subtask 1.1_.4, 2.1.4. 3.1.4 Confirm CADD Format and GIS (performed by phase) We will prepare the drawings and exhibits in AutoCad 2002. We will determine up -front with the City, whether there are specific layering formats to be followed and then implement those as requested. This is particularly important if the City wants electronic files made available at the conclusion of our work. If the City has available GIS information which can be included on the base maps, we will augment our field surveyed base map with that information. Additional 1.1.4, Phase 1— Coast Highway We do not anticipate providing electronic files to Caltrans. In our experience, this is only required when Caltrans administers the construction contract. It is our understanding the City will work under an encroachment permit, and therefore, be the construction contract administrator. Caltrans works in metric format, however, since this project will be processed through their permit department, we will likely be able to prepare the plans imperial format showing metric in parentheses (dual- units). We have had success with this approach on other projects and will verify that it is acceptable prior to preparing the plans in this manner. Subtask 1.1.5 21.5, 3.1.5 Define Program for Field Survev (performed in Phase 1 City of Newport Beach Mariners Village Improvement Plan Page 4 0 0 In this subtask, we will obtain existing vertical and horizontal control data from the County of Orange GPS System and if the City requests, Caltrans data as well. We can tie our survey into both County and Caltrans monuments. We will establish this need prior to performing the field survey. The survey will consist of establishment of horizontal and vertical control, establishing street centerline control, obtaining locations of existing curb returns and critical street geometry, culture and street furniture within the street right of way limits, a few cross sections, particularly on Coast Highway in the proposed landscaped medians, and details of existing facilities directly adjacent to locations of proposed tree /shrub planters within the streets, alley, and parking lot. The program for field survey will be defined in Phase 1 for all three phases. Subtask 1.1.6, 2.1.6. 3.1.6 Soil Test Borings (performed in Phase 1) It is our understanding there has been some difficulty in tree growth for past plantings. Therefore, we have included the sampling of on -site soils to determine what amendments may be needed to help induce growth. We have included Wallace Laboratories on our team to obtain and test the samples and prepare a report describing the proposed soil treatments. For purposes of this scope of work, we have included one soil test on Coast Highway (median), one on Tustin Avenue, and the others on Riverside Avenue. It is especially important on Riverside Avenue where past palm tree plantings have not thrived. We will coordinate with the City and our project team to also evaluate the palm subdrainage requirements and provide an opinion on causes for deterioration of previously planted trees. Subtask 1.1.7, 2.1.7, 3. 1.7 Preliminary Construction Cost Estimates (performed by phase) We will review the previously prepared preliminary construction cost estimates to confirm their quantities, unit prices, and contingencies appear current and recognize the entire project scope. We know this is an important component of the early design review to ensure there is adequate funding once the project is developed for construction. If the cost estimates appear to be understated or overstated, we will discuss with City staff and determine the appropriate course of action. Subtask 1.1.8 Caltrans Encroachment Permit Requirements (Phase 1 only) At the time of the notice to proceed, we will need to prepare an encroachment permit application to perform the field survey and agricultural soil test samples within state right -of -way. We will prepare and process this application and permit. The permit generally takes 4 -6 weeks to secure. As a follow up to two meetings the City held with Caltrans last year (1/29/01, 2/21 /01), we expect to schedule an additional preliminary meeting with Caltrans to reestablish key contacts for communication between the project team members, City staff, and Caltrans staff. We will also redefine the project, obtain their preliminary thoughts on the proposed Coast Highway landscape improvements, and expected implementation phases as well as establish the expected process for approval. From the previous meetings, we understand Caltrans is concerned about the documentation of existing lane widths on Coast Highway in this segment. Since this project is limited to sidewalk and median plantings, with no changes to the lane configuration, we do not believe this effort will be necessary. We have not included this effort in our fee. Subtask 1.1_.9. 2.1.9, 3.1.9 Utility Studies (performed in Phase 1) During this task, it will be necessary to make contact with the affected utility companies, inform them of this project, and obtain copies of their as -built plans. All underground and overhead utilities within the sphere of the project limits will be contacted to verify location, type, and size of facility. If it is necessary during construction to excavate in the vicinity of any existing utilities, Caltrans will require utility potholing to physically locate underground facilities in State right -of- way. Physically locating utilities has not been included in our fee. City of Newport Beach Mariners Village Improvement Plan Page 5 0 TASK 2 - DESIGN 0 Subtask 1.2.1, 2.2.1, 3.2.1 Field Survey and Base Map (performed in Phase 1) In this task, we will prepare the field survey and base map for use in the preparation of plans. The base map will indicate street centerline data, curbs, gutters, cross - gutters, sidewalk, surface utilities and culture, spot elevations, adjacent building limits, etc. We will augment the field survey map with the right -of -way maps and with the collected utility as- builts in creating the base maps. The base map will serve as the base information for all conceptual and final design and construction documents. We will develop the base map by initially creating a base coordinate system in CAD and establishing street centerline data from field survey. We will prepare the base map topography from the centerline data, as -built plans, and field survey. Additional 1.2.1, Phase 1 — Coast Highway The base map for Coast Highway will be prepared in imperial units to meet City standards for consistency throughout the plan set. Caltrans will require metric units for the portions of work within State right -of -way and as such our plan is to show dual units (imperial- metric). We will confirm this prior to performing the field survey and preparation of the base map. Subtask 1.2.2, 2.2.2, 3.2.2 Site Plan (performed by phase) We will prepare a Site Plan, which will in effect show the design development for the landscaping, indicating the following information: a. Preliminary phase lines; b. General layout of walks, planting areas and conspicuous utilities; c. Planting, with identification of type and species of tree, shrub, groundcover, and turf areas and recommendations. Trees and low growing ground cover will not only harmonize with the current streetscape palette, but address water efficiency standards. The plan format will be presentation quality, color renderings at an appropriate scale for viewing from a comfortable distance, accompanied by reduced versions of drawings. This site plan will serve as the preliminary design concept plan. The site plans will be developed to show sufficient detail to ensure the proposed construction elements meet with the City's approval prior to proceeding with final design. The site plans will also include pedestrian lighting, preliminary civil and traffic calming if determined by this point. Subtask 123. 2.2.3, 3.2.3 Exhibits for Coastal Development Permit (performed in Phase 1) We understand the City must prepare and process a Coastal Development Permit (CDP) through the California Coastal Commission. We will support the City in this effort, preparing technical exhibits as necessary to explain the proposed work. For purposes of this proposal, we have assumed four exhibits will be required. Subtask 1.2.4, 22.4, 3.2.4 Exhibits and Information for Environmental Document (performed in Phase 1) We will support the City's preparation of the project environmental document by providing information and preparing exhibits as required. For purposes of this proposal, we are assuming two exhibits will be prepared. City of Newport Beach Mariners Village Improvement Plan Page 6 0 0 Subtask 1.2.5 Coordination with Caltrans for Encroachment Permit (Phase 1 only) Based on our experience with the Caltrans Permit Branch on similar projects where minor street work is necessary, such as minor trenching for electrical or irrigation connections, we are anticipating the encroachment permit application will require the following items of work: a. Construction plans for all work in State right -of -way, including traffic control plans and utility plans. b. Water Pollution Control Program (WPCP) meeting Caltrans and State Water Resources Control Board requirements. c. Coordination with several Caltrans functional units including Traffic Operations, Project Design, Environmental Planning, and Materials Research. d. Environmental requirements will include a cultural resources search provided by the South Central Coastal Information Center, and native lands search provided by the Native American Heritage Commission. e. Coordination with utility companies to indicate locations of potential high and low risk facilities on the plans as required per Caltrans Policy on High and Low Risk Utilities. Subtask 1.2.6. 2.2.6. 3.2.6 Plans (performed by phase We will prepare drawings for each phase of the project. Generally, there will be street and parking lot civil drawings, details for demolition, landscaping and irrigation, lighting, irrigation, traffic calming, and potentially utility modification plans. Street Plans Street plans would indicate sidewalk cutouts for planters, median modifications, if any, and traffic calming treatments. The plans will show existing curb, sidewalk, medians, and driveways. They will also show existing private property features and right -of -way lines. We do not anticipate new medians or new curbs and therefore, no profiles are anticipated. Pavement and/or sidewalk removal limits and reconstruction will be delineated. If replacement of concrete is necessary at the cutouts, our plans will indicate that. Drainage modifications are not anticipated. Construction detail sheets would be necessary to define the specific improvements including any specific monument signs, sidewalk cutouts, traffic calming devices, and other facilities as may be encountered. Traffic signing and striping modifications are not anticipated. If the traffic calming measures impacted the existing pavement delineation, we would provide a plan to indicate the replacement delineation. Utility Review We will preliminarily determine the conflicts or impacts the improvements will have with the existing utilities and summarize the information on the project plans. We will provide continued coordination and related follow -up with the affected underground and overhead utility companies regarding the specific impact locations throughout the project as well as identifying their future needs. We will identify costs associated with utility modifications or relocation, if necessary. Cost evaluation will require a determination of prior rights. We will work with the City in determining prior rights. If the utility company has prior rights, the modification cost will be borne within the project and included in the cost estimates. If the City has prior rights, the modification cost will be City of Newport Beach Mariners Village Improvement Plan Page 7 borne by the utility company. The City will be kept informed of contacts with the utility companies and, if desired, will receive copies of collected utility information and correspondence. Our preliminary engineering plans will be forwarded to the utility companies so they can verify their facilities and impacts and use them for their modification /relocation design, if required. Landscaping We will prepare a preliminary landscape development plan to be used for general discussion among the City staff. After comments have been received, we will prepare construction landscape plans. We will prepare planting plans showing tree, shrub, vine, and groundcover locations. A plant list, with plant names and sizes, will be provided. Lighting & Electrical Design Based on the Design Development Landscape Plan, we will determine irrigation points of connection, electrical service requirements, and sleeving requirements. We will also determine the general layout of the electrical connection for the irrigation equipment. We will prepare irrigation plans showing identification, location, and sizing of irrigation systems and their component parts. This work will require coordination with the electric company on power source for the irrigation controller and show the point of connection for irrigation on the drawings. We will also prepare details of the planting, irrigation, meter box footings, landscape and electrical materials with information required for construction, installation and finishing of the landscape components of the project. Based on the Design Development Landscape Plan, and preferred City spacing for pedestrian lights, we will prepare a general layout of the pedestrian lights and lights for signage provided by others with catalogue cut sheets. Submittals Phase 1 — Coast Highway Caltrans requires complete documents prior to submittal to their permits department. We expect we will have three submittals — the first will be 90 %, which will represent a complete set of plans, lacking only responses to Caltrans comments. After we receive their comments, the 100% set will be submitted for review. Minor comments would be anticipated and the final bid document set would be submitted to obtain their approval and the encroachment permit. Phases 2 and 3 — Riverside Avenue, Tustin Avenue, Avon Street and Extension, City Parking Lot Following the submittal of our draft site /concept plan, we expect we would prepare and submit to the City a 75 %, a 90 %, and a 100% set of construction documents for review. 75% Submittal • Plans with enough detail for City to review impacts • Outline Specifications • Cost Estimate (15% Contingency) 90% Submittal • Plans at a 100% complete level, less responses to comments. • Full Specifications • Cost Estimate (10% Contingency) • Bid List 100% Submittal City of Newport Beach Mariners Village Improvement Plan Page 8 0 0 • Complete Plans (Autocadd 2002) • Complete Specifications (electronic and hard copy) • Cost Estimate (5% Contingency) • Bid List (electronic and hard copy) • 1 set of Plan Originals on Mylar • Cost Estimate (Electronic & Hard Copy) • Specifications (Electronic & Hard Copy) Subtask 1.2.7. 2.2.7. 3.2.7 Concept Detour /Traffic Control Plans (oerformed by Dhase We will prepare concept — level detour and traffic control plans. The plans would delineate the work area and the traffic control appropriate in accordance with the WATCH handbook. Caltrans will require traffic control plans for work in State right -of -way based on Caltrans standards. Subtask 1.2.8. 2.2.8. 3.2.8 SDecifications. Estimates. Bid Documents (Derformed by Dhase) Specifications & Bid Documents We will prepare or refer to a standard specification for all the technical items of work. As part of the specifications preparation, we will ensure there are pay clauses appropriate to each bid item. The pay clause will include the payment method for each item. Per the City's requirements, we will prepare the project specifications using the City's Standard Special Provisions (1994 Edition) and the Standard Specifications for Public Works Construction. We expect the City will provide the General Conditions, Special Requirements, Bid Forms, bond information, etc. We will work with the City on assembling the entire contract document package. Quantity Calculations and Cost Estimates A construction quantity and cost estimate will be prepared for each of the submittals. The estimate will show quantities and unit prices for each item along with appropriate mobilization and contingency costs. Our unit prices will be based on a combination of prices obtained from recent construction bids for similar projects, discussions with City staff, and discussions with others in the construction industry. The items listed in the cost estimate will be the basis for the preparation of the bid list. We will work with the City to ensure the bid schedule is in accordance with the City's preference for the item list, method of measurement, etc. Subtask 1.2.9. 22.9. 3.2.9 City Council / Coastal Commission Meetings (performed by phase) We will identify the stakeholders at the project onset and determine the extent of coordination and deliverables necessary. This project could have a number of stakeholders beyond the customary project team of the City, consultant, and Caltrans, such as City Council members, business representatives from Mariners Village (Mariners Mile Business Owner's Association), the California Coastal Commission, and Newport Heights Community Association. We will support the City throughout the project development and will attend meetings at the City Council, Coastal Commission or others as requested. We have put in an allowance in our budget for these meetings. How many? Subtask 1.2.10.2.2.10, 3.2.10 Design Meetings (performed by phase) Project team meetings will be held regularly to ensure project goals are met and to resolve issues, discuss status, coordinate design, determine phasing, determine scope, etc. We expect we would have a kickoff meeting and other meetings throughout the project development C4 of Newport Beach Mariners Village Improvement Plan Page 9 0 0 process. Additionally, meetings would be held with Caltrans following the submittal of our permit documents and their review. We will meet after the City and Caltrans reviews. The meetings would be devoted to reviewing the comments, clarifying the design, and agreeing to the required changes for the next submittal. We also want to be sure that each submittal has fully addressed the reviewer's comments. In addition to the required meetings, we will also provide coordination between the, City, Caltrans, project team, and other stakeholders to ensure the project is on track and the schedule maintained. TASK 3 • CONSTRUCTION Subtask 1.3.1, 2.3.1 3.3.1 Pre -Bid Meeting and Pre - Construction Meeting (performed by phase) We will attend the City's pre -bid meeting and pre- construction meetings. At this time, we have estimated there will be two of each — one contract for Phase 1 and one contract for Phases 2 and 3. Pre -bid services will include responding to bidders' questions, keeping a log of bidders' questions and the responses we provide. The log of bidders questions and answers provided will be submitted to the City upon the close of the bidding period. Questions arising from the bidders shall be discussed, as necessary, with the City prior to responding to the bidders. Pre - construction services will include attending the pre- construction meeting, analysis of the Contractor's payment schedule, and analysis of the Contractor's construction schedule. Subtask 1.3.2. 2.3.2. 3.3.2 Shop Drawings and Submittals (performed by phase) As submitted by the Contractor and received from the Construction Manager, we will check the construction and shop drawing submittals for conformity with the intent of the plans and specifications. Shop drawings and submittals are expected to include review of plan material photographs, samples of materials specified, etc. Based on approval of the plant material photographs, we will tag the palms at the place of growth. We will return the required number of copies to the Construction Manager with particular comments noted and in accordance with the time frames established. We will keep an updated log of submittals received indicating the date received, dates sent and returned from subconsultants if applicable, date returned to the Construction Manager, and the status of each whether approved or returned requiring additional information. We can provide copies of the log over the course of the construction as requested by the City. Subtask 1.3.3. 2.3.3, 33.3 Review Construction Progress (performed by phase) At the request of the City or Construction Manager, we will provide consultation and advice. We will coordinate with the City, Contractor, the Construction Manager, and project team to resolve issues and respond to telephone and meeting related inquiries. We will review design changes as they occur and work closely with the City to facilitate timely responses when changes arise. As necessary, we will prepare written clarification in response to Contractor's Requests for Information (RFIs). We will make periodic visits to the site to become familiar with the progress and quality of construction and to ascertain whether the construction work is proceeding in accordance with our design intent and contract documents. We will observe the layout and installation of proposed pavements, observe the location and quality of plant material and landscape grading, observe layout and installation of irrigation systems and specified coverage tests, and observe in order to establish 90 -day establishment period in coordination with the City's landscape maintenance personnel. At the end of the 90 -day establishment period, we will conduct a final observation City of Newport Beach Mariners Village Improvement Plan Page 10 LJ and, upon finding the project acceptable, and recommend acceptance of the landscape installation to the City. Subtask 1.3.4. 2.3.4, 3.3.4 Revisions to Plans and Specifications (performed by phase) If requested during construction, we will make revisions to the plans and specifications to facilitate a design change intent. We will ensure these changes reflect the City and Caltrans overall intent and meet current standards. Subtask 1.3.5 2.3.5 3.3.5 Addenda (performed by phase) During the bid period, we will prepare addenda if changes are discovered or clarifications are needed that should be reflected in the contractor's bids. We will coordinate with the City and Caltrans before issuance. Subtask 1.3.6, 2.3.6, 3.3.6 Construction Progress Meetings (performed by phase) We anticipate the City will request us to attend some of the Contractor's progress meetings during the course of construction. Our attendance may be required to discuss RFIs, shop drawings, review progress, and other construction related issues. We may also meet at the site to review existing site conditions prior to beginning construction. Subtask 1.3.7, 2.3.7, 3.3.7 As- Builts (performed by phase) Following the completion of the construction, we will acquire the Contractor's daily red - pencil "as- built" plans from the City. We will revise our plans to indicate all field changes on the original file drawings. This final "as- built" set of drawings will be provided to the City for their records. Our Project team agrees to incorporate the following (as described in the RFP Section C) into our design documents: Standards. Manuals, and Reauirements 1994 City of Newport Beach Design Criteria, Special Provisions, and Standard Drawings for Public Works Construction "Green Book" — Standard Specifications for Public Works Construction ADA Requirements • Caltrans Standard Plans for Signing and Striping City Requirements and Approval for Plans, Special Provisions, and Contract Bid Documents • City Standard Professional Services Agreement $1.0 Million E &O Insurance with City named as Additional Insured • Products become Public Domain Production Techniques • Autocadd 2002 • City Standard Mylars Sheets (final plots) • Format Electronic Files for Construction Staking Reproduction Cost Included in Proposal — Progress Drawings and Final Mylars • Signed Drawings and Documents Management Techniques • Informal Reviews of Progress • Day to Day Communication with City City of Newport Beach Mariners'Village Improvement Plan Page 11 0 0 Coordination Meetings Documents Signed by Consultant (appropriately licensed individuals) • Committed and Assigned Key Personnel — Changes only with City Approval • Experienced Project Manager and Dedicated Design Team Through Completion of Project • Payment based on Monthly Requests for Reimbursement Work Begins upon Notice to Proceed Issued by City We understand all of these requirements and take no exception. City of Newport Beach Mariners Village Improvement Plan Page 12 0 Project Team 0 We have assembled our project team based on the City's requirements for this project, quality reputations and strengths of the firms, their personnel, and our previous working relationships. Our Project Team includes subconsultants who are an integral part of the Team providing specialists in all disciplines required for the project. The Project Team includes: MetroPointe Engineers, Inc. Kirby & Company d.d. Pagano Irrigation Konsortum 1 Wallace Laboratories Austin -Foust Associates Kelsurveys Subconsultants Project Management / Civil Engineering Landscape Architecture Irrigation Consulting Electrical Engineering / Lighting Agricultural Soil Testing Traffic Engineering Field Survey/ Base Mapping Kirby & Company is a professional consulting practice offering capabilities of resolving contemporary urban design and planning problems. For 20 years, the professionals at Kirby & Company have been involved in a wide range of urban, suburban, regional, and campus projects of all sizes. Kirby's projects reflect a commitment to interdisciplinary design solutions responsive to both site conditions and clients' needs. They interplay their knowledge of land use planning, urban design, landscape architecture, site planning, regional and urban planning and environmental analysis into play with other related disciplines to create innovative and workable built environments. Kirby's approach to planting design creates plant palettes that support regional landscape identity, enhance the particular qualities of the site, and form sustainable groupings based on cultural compatibility. They have extensive experience in all facets of land planning and design and are dedicated to the development of exemplary projects that withstand the test of time in creating imageable and livable environments. d.d. Pagano, Inc. Irrigation Consultants has provided professional services for over thirty years in development and research in the field of irrigation. Irrigation design development, product research and testing, water conservation analysis, system analysis and construction methods are only a few of the services that make d.d. Pagano, Inc. Irrigation Consultants a recognized leader in the field of irrigation consulting. This knowledge and experience is reflected in all irrigation designs - designs which are ,geared to provide the end user with the most efficient, innovative and cost- effective irrigation system possible. The staff of d.d. Pagano, Inc. Irrigation Consultants has provided expertise in the field of irrigation design and consultation for a variety of projects with special interest in the design of resorts, residential communities and commercial developments. Their office has worked closely with many communities and commercial developers to determine the specific irrigation needs of each development, as well as long term maintenance requirements. This information has been compiled in order to help develop irrigation design and construction criteria compatible with the environmental conditions of various resort/commercial projects. In addition to design and consultation work for resort/commercial projects, the firm has provided design and consultation work for mitigation of plant restoration and wildlife habitat areas. All projects draw upon a variety of irrigation design concepts and methods to meet every need. City of Newport Beach Mariners Village Improvement Plan Page 13 0 0 KONSORTUM 1 is a full- service electrical engineering firm specializing in design and engineering for major commercial, educational, retail, corporate, institutional, hospitality and municipal projects. Services include all aspects of architectural lighting design, telecommunications consulting, audio /visual, and access control / security system consulting. The firm's staff, assisted by the latest computer -aided design technology, serves clients ranging from nationally recognized architects, large corporations and national developers, universities and educational groups, as well as design -build electrical contractors. KONSORTUM 1 provides a full range of design services including the following: full service electrical engineering, architectural lighting consulting, utility company consulting, fire alarm and life safety systems consulting, security and access control systems consulting, CCTV security systems consulting, audio / visual systems consulting, telecommunications systems consulting, and electrical due diligence surveys and reports. Austin Foust Associates provides traffic and transportation planning and design to both public and private clients. They specialize in traffic modeling, traffic operations, parking and lighting studies, signal design, signing and striping, traffic handling /phasing /detouring, traffic control, and traffic management plans. The staff of Austin -Foust and MetroPointe Engineers have worked together on numerous projects for over 10 years. Kelsurveys is in the practice of land surveying. The professional tasks they offer include A.L.T.A. land title surveys, residential /commercial /industrial, as -built certification, subdivision, boundary surveys, record of survey mapping, complete photogrammetric services, tentative and final parcel mapping, horizontal and vertical monitoring, topographic survey (aerial and ground depiction, legal description preparation, lot line adjustments, and utility research and coordination. The utilization of the state of the -art computer and survey equipment (total stations) enables Kelsuveys to be very competitive with field to office operations. The firm's personnel have combined years of experience exceeding one -half century. City of Newport Beach Mariners Village Improvement Plan Page 14 E We have prepared the attached project schedule as a draft to begin discussions with the City. It indicates the work performed in two steps consisting of Phase 1 followed by a combined Phase 2 and Phase 3. Each task and subtask of the phases is indicated as described in our scope of services. We believe our schedule would provide for a realistic duration with appropriate review periods. City of Newport Beach Mariners Village Improvement Plan Page 15 etroPointe0 Engineers PROFESSIONAL SERVICES Principal Project Manager Senior Engineer Engineer/ Sr. Designer Jr. Engineer/ Designer CADD Designer/ Technician Clerical / Admin Support REIMBURSABLE EXPENSES Reproduction Consultant Services Automobile Transportation Computer Plots Delivery, Freight, Courier Agency Fees Commercial Travel / Subsistence RATE SCHEDULE Effective Through 12/31/02 0 HOURLY RATE $110.00 $100.00 $ 90.00 $ 80.00 $ 70.00 $ 60.00 $ 50.00 Cost Cost plus 10% $0.365 / mile $ 1.50 / SF Bond $ 2.00 / SF Vellum $ 3.00 / SF Color $ 4.00 / SF Mylar Cost Cost Cost • • EXHIBIT B Mariners Village Improvement Plan Phase 1 - Pacific Coast Highway MetroPointe $67,125 Kirby $63,968 Subtotal $131,093 Markup & Reimbursables $12,951 Total Phase 1 $144,044 Phase 2 & 3 - Riverside Avenue; Tustin Avenue Avon Street, Vlllate Alley, Avon Street Ext Clty Parking Lot MetroPointe Phase 2 $35,800 MetroPointe Phase 3 $29,380 Kirby Phase 2 & 3 $94,130 Subtotal $159,310 Markup & Reimbursables $23,897 Total Phases 2&3 $183,207 Total Phases 1, 2, & 3 $327,251