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HomeMy WebLinkAboutC-3518 - Mesa Drive Widening Project - Professional Service AgreementPROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS FOR MESA DRIVE / IRVINE AVENUE INTERSECTION IMPROVEMENT PROJECT THIS AGREEMENT, entered into this N� day of 2?JP� , 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 Intersection Improvement Project ('Project'). C. City desires to engage Consultant to prepare the final design and construction documents for improvements to the Mesa Drive /Irvine Avenue intersection using 50% design documents as the basis upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Marie Marston, P.E. -1- • 0 E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms 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 1st day of April, 2002, and shall terminate on the 31st day of March, 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 eighty -seven thousand, sixty and 00/100 Dollars ($87,060.00). -2- 9 0 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly 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 -3- 0 0 percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. 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. 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 IM 0 0 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, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its -5- 0 0 personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. 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. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include -7- 0 0 attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. 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 aad-p iaGO" of Consultant, per the laws of M M the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, M 0 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 one million Dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit 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 SO 0 0 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. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant -10- 0 0 pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City 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. -11- B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Tony Brine, P.E., shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such -12- E E withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination -13- of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. 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, P.E. MetroPointe Engineers 3151 Airway Avenue, Suite J -1 Costa Mesa, Ca 92626 714 - 438 -1095 Fax: 714 -438 -1097 -14- 0 0 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the -15- • • same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. 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 -16- 0 U 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 (A2000) 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. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's 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: An- City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: k t� Mayor METROPOINTE ENGINEERS f: \users\pbwJshared\agreements\fy 01 -02 \mrytopointe -mesa drive - Irvine blvd.doc -17- 01/:6/2002 13:49 7144381097 40 etroPoi me glneers January 15, 2002 Mr. Rich Edmonston City of Newport Beach 3333 Newport Blvd. Newport Beach, CA 92658 METPOPOINTE ENGINEER PAGE 02 0 EXHIBIT A 3151 Airway Avenue, Suite J -1 Costa Mesa, CA 92626 Bus: (714)438.1095 Fax: (714) 433-1097 Subject. Mesa Drive I Irvine Avenue Intersection Improvements Preparation of Construction Documents Dear Mr. Edmonston: This letter outlines our scope of work and fee estimate to prepare the final design and construction documents for improvements to the Mesa Drive 1 Irvine Avenue intersection using our 50% design documents as the basis. The final design will be coordinated with the County of Orange's ongoing Irvine Avenue widening design from Bristol Street to Mesa Drive. We understand the County is preparing the design, supplemented with additional design work from a consultant. Completion of our Mesa Drive design will provide the Courdy with a "set" of plans which will be added to the Irvine Avenue plan set, an engineer's estimate of construction cost, a bid list which will be added to the Irvine Avenue bid list, and a review of the Irvine Avenue specifications to ensure they are inclusive of the Mesa Drive construction requirements. The purpose of the City of Newport Beach's improvement at Mesa Drive and Irvine Avenue is the inclusion of a second westbound to southbound left turn lane. This can be accommodated by converting the existing through lane to the outside left turn lane and converting the right turn lane to a through -right turn lane. This new lane configuration requires realignment of Mesa Drive on the west leg of the intersection, signal modifications, right -of -way acquisition from the Newport Bay Terrace apartments on the north side and from the shopping center on the south side. Off -site improvements including new retaining walls are required. We anticipate the scope will include the following work tasks: Task 1 Supplemental Ground Survey / Augment Base Maps Task 2 Drainage Study Task 3 Gectechnical Investigation and Report Task 4 Utility Coordination Task 5 Right -of -Way Exhibits Task 6 Plans Task 7 Specifications Review Task 8 Cost Estimate! Bid List Task 9 Meetings, Coordination 8 Submittals Task 1 — Supplemental Ground Survey I Augment Base Maps We prepared a base map during the 50% design using the County's base map for the Irvine Avenue widening project augmented with field survey to include a greater length Mesa Drive. We will perform a supplemental field survey along and adjacent to Mesa Drive within the project area to obtain location information for additional topographic features based on the needs realized during the 50% design. Again, the County of Orange datum for both horizontal and vertical control will be the basis. The previous survey consisted of cross sections at a minimum of 50 -foot intervals which included the street parameters and 10 feet beyond existing right of way. The additional survey will obtain more shots on the private properties impacted by the proposed retaining walls, additional shots at the west join on Mesa Drive, and additional topographic features. Due to the inability to locate as- builts for the existing 01/15/2002 13:49 7144381097 • Mr. Rich Edmonton City of Newport Beach METROPOINTE ENGINEER 0 PAGE 03 January 15, 2002 Page 2 private property retaining walls, we will also need to obtain "potholes" to locate the footing depth and dimensions on the street side. Some area shots will also be taken to attempt to determine existing offsite and onsite drainage patterns as they relate to this section of roadway. Tree and large shrub locations will also be obtained, Upon completion of the survey, we will incorporate the data into the base map. The survey data will augment the previously developed base map. Task 2 — Drainage Study Following review of our 50% plans, the County has indicated concern with the existing street drainage. As we understand it, their primary concern is potential impact to Irvine Avenue traffic which might be caused by the increase in flow resulting from the Mesa Drive widening and the likely subsequent increase of flow overshooting the Mesa Drive catch basins at the curb returns with Irvine Avenue. After a recent meeting with the County, their direction was to attempt to quantify the before and after flow on Mesa Drive and determine if modification to the Inlet size or providing grate inlets would help to pick up the drainage before reaching Irvine Avenue. It was discussed that attempts to revise the geometry, specifically the vertical alignment and cross slope on Mesa Drive, would not be practical due to existing adjacent land uses and overall topography and therefore, would not be studied. The County has requested, however, that the drainage facilities be designed such that no concentrated flows exceeding 0.1 cfs will cross Irvine Avenue. Based on this requirement, we will prepare a hydrology study in accordance with the Orange County Hydrology Manual and the Orange County Local Drainage Manual. Having recently improved the Santa Ana Delhi Channel (1701), just east of Irvine Avenue crossing under Mesa Drive, the County will provide their previous drainage study and information. We will use topographic maps as available from the County from the previous study, to examine local topography. We have included an additional day of field survey to obtain more specific ground information. We have not included an aerial topographic map. We will determine the 10 year flow from the hydrology study. We will determine the before and after drainage areas draining to the catch basins near the intersection with Irvine Avenue and determine the percentage increase in impervious area. We will maximize the catch basin size, the local depression size, and potentially use a combined curb opening/grate inlet (longer grates than currently exist). We anticipate the need for additional catch basins on Mesa Drive upstream from those near the Irvine Avenue intersection will be required in order to collect the runoff before crossing Irvine Avenue. Thus a piping system would extend from the Irvine Avenue / Mesa Drive intersection up Mesa Drive. Additional plan sheets are included for the design of these facilities We will identify utility conflicts resulting from the new storm drain, however, we have assumed any utility modifications would be designed by the County if any are involved. Task 3— Geotechnical Investigation and Report Diaz Yourman 8, Associates has joined our team for the geotechnical investigation and report preparation. Their scope of work has been identified as the following subtasks: Subtask 1A —Data Review/ Permitting Subtask 1 B — Geophysical Survey (Optional) Subtask 2A — Subsurface Investigation Subtask 2B — Retaining Wall Foundation Investigation (Optional) Subtask 3 — Laboratory Testing Subtask 4 - Engineering Analyses These are further discussed as follows. Subtask 1A — Data Review / Permitting. Available geotechnical data will be reviewed. We will assist the City in obtaining encroachment I access permits from the property owners for field activities. We will contact Underground Service Alert (USA) to check for locations of underground utilities as related to the field investigation. 011'9/2002 13:49 7144381097 METROPOINTE ENGINEER PAGE 04 Mr. Rich Edmonton January 15, 2002 City of Newport Beach Page 3 Subtask 18 — Geophysical Sruvey (Optional ), To help check for underground utilities for the field investigations and to help investigate the type of foundation for the existing high retaining wall, we recommend an optional geophysical survey. The geophysical survey will use a variety of techniques such as ground penetrating radar (GPR), electromagnetic, electrical resistivity, and magnometer surveys. Subtask 2A — Subsurface Invesbgarbon. The subsurface investigation will consist of drilling three to four borings between 5 and 20 feet deep for a total linear footage of 50 feet. The field investigation depths were selected to investigate the subsurface materials that will be influenced by the proposed project. The number of exploration points was selected to provide overall coverage of the project site. Subtask 28 — Retaining Wall Foundation Investigation (Optional). This optional subtask will consist of attempting to investigate the assumed shallow foundation of the retaining wail to remain in place (shopping center wall). We will hand excavate one to two test pits adjacent to the retaining wall to attempt to identify the depth of foundation on the existing wall. Subtask 3 — Laboratory Testing. Soil samples collected during the field investigation will be reexamined to confirm their field classifications and to select samples for testing. We estimate the following test will be conducted: • Moisture content / dry density • Atterberg limits! particle size distribution • Sand equivalent • Shear strength • Compaction • R -Value • pH, Sulfates, and Chlorides Subtask 4 — Engineering Analyses. The results of the data review and field and laboratory tests will be the basis of our engineering analyses. We will provide engineering conclusions and recommendations regarding. • Site conditions • Geologic and seismic hazards Foundation type and design criteria • Stability of existing and proposed retaining walls • Lateral earth pressures and resistance to lateral loads • Asphalt concrete pavement thickness • Soil corrosion potential Task 4 — Utility Coordination During the 50% design we contacted the area utility companies and obtained their current facilities location information. Based on that study, the following utilities are present: Southern California Edison - Overhead Lines on poles along the north side of Mesa Southem California Gas Company — a 3" line north of the Mesa centerline Adelphia Cable — on the SCE power poles, and on poles on the south Pacific Bell — on the SCE power poles, and on poles on the south City of Newport Beach — an 8" water line north of the Mesa centerline City of Newport Beach — a 6" sewer line located south of the Mesa centerline Based on the 50% design, the following impacts are involved in the project: Relocation of the power poles on the north side Relocation of the power poles on the south side Relocation of a fire hydrant along the south side 01/15/2002 13:49 7134381097 METROPOINTE ENGINEER PAGE 05 Mr. Rich Edmonton January 15, 2002 City of Newport Beach Page 4 The County has stated they will perform the coordination with the utility companies. We will provide the information we have from the utility companies along with the impacts our design has on them. We will assume our utility effort is limited to coordination with the County and identification of utility/roadway improvement conflicts. Task 5 — Right -of -Way Exhibits The County is performing the right-of-way engineering and appraisal /acquisition processes for the property needed for both Irvine Avenue and Mesa Drive. We will prepare exhibits defining the limits of the permanent fee transfer and the private property areas which require a temporary permit to construct. We will coordinate this with the County. We will prepare exhibits for the land required on both sides of Mesa Drive. Task 6 — Plans We will prepare the 100% complete plan set for Mesa Drive. We estimate the following sheets: 1. Typical Cross Sections / Details / Notes 2. Street Plan & Profile 3. Storm Drain Plan & Profile 4. Storm Drain Plan & Profile 5. Storm Drain Details 6, Retaining Wall Plan & Profile 7. Retaining Wall Plan & Profile S. Retaining Wall Design / Aesthetics 9. Construction Details 10. Signing and Striping Plan 11. Landscaping Plan 12. Irrigation Plan The County will prepare the Title Sheet, Traffic Signal Modifications, and Utility Modifications (if required). The contractor will be required to prepare traffic handling sheets and these will not be included as a part of our plan set. We can prepare the sheets on either County or City borders. We will prepare the street modification plans at a scale of 1 " =40', or other appropriate scale. The plans will show existing and proposed curb, gutter, sidewalk, medians, walkways, driveways, etc, Curb profiles will be designed and shown. The plans will include the relocationlreconstruction of existing drainage facilities and to the extent described in Task 2 above, designed to pick up as much flow as possible before bypassing and entering Irvine Avenue by potentially using a combined curb opening /grate inlet. A hydrology study will not be prepared. The signing and striping plans will show the existing striping, limits of striping /markers removal, new striping, pavement markings, and markers. Existing signs conflicting with the new curbs will be shown to be relocated. Two retaining wall plan are anticipated. The south side Mesa Drive retaining wall plan will need to coordinate with the county's wall plan to join at the curb return. The County has indicated they would like to use a fractured rib aesthetic treatment to the proposed type 1 concrete retaining walls. The south side retaining wall would be designed to be located in front of the existing shopping center wall. We will need to ascertain the footing location of the existing wall in order to ensure the proposed wall design considers the existing wall with respect to loading, actual dimensions, and oonstructability. The proposed north side wall will require removal of the existing wall. We will need to examine constructability to determine methods which will be the least invasive on the existing apartment site. We will investigate existing landscaping and irrigation of the adjacent properties to determine existing plants and facilities. An "as- built" of the existing irrigation will have to be assembled and has been assumed for purposes of this proposal, unless actual as- builts can be located. The proposed retaining 01/._6/2002 13:49 7144301097 METROPOINTE EPNGINEER PAGE 06 Mr. Rich Edmonton January 15, 2002 City of Newport Beach Page 5 walls will impact the existing landscaping and as such, we will prepare plans indicating the necessary changes. Replanting and irrigation plans will be prepared. NUVIS has joined our team for this effort Task 7 — Specifications Review We will prepare a list of items for the bid and compare to the County's bid item list We will prepare specifications for only those items which are not included in the County's bid list and therefore, not included in their specification package. We will review the County's specifications to ensure their requirements are consistent with our design. For purposes of this proposal, we are assuming the need for preparation of specification sections for two items. Task 8 — Cost Estimate / Bid List We will prepare a construction quantity and cost estimate. The estimate will show quantities and unit prices for each item. Our unit prices will be based on a combination of prices obtained from recent construction bids for similar projects, discussions with City and County staff, and discussions with others in the construction industry. A bid item list will be prepared. This will be provided to the County for inclusion in the construction bid document package. Task 9 — Meetings, Coordination, and Submittals Upon the notice to proceed, we have assumed a kickoff meeting will be held with the City and County to confirm the design intent and document preparation. Because of the single construction document package for both the Irvine Avenue widening and the Mesa Drive widening, it will be important throughout the project to ensure that duplication or omissions do not occur. We expect there may be several combined meetings with the City, County, and County's consultant. We will coordinate as required throughout the project with the City, County, and County's consultant to confirm a complete set of documents and appropriate joins. We anticipate three submittals — at the 75 %, 100 %, and final set of completion. We expect that both the City and County will review our documents and provide comments. We will respond and incorporate the appropriate comments. Exclusions to Scope of Work • Right-of-way legal descriptions, appraisals, acquisition, and title reports • Traffic Signal Modification Plan • Title Sheet • Traffic Handling Plans • Utility Plans Fee Estimate Task 1 — Supplemental Ground Survey / Augment Base Maps ....................... ............................... $ 760 The Culver Group (field survey) ....................................................... ............................... 3960 Task2 — Drainage Study ................................................................................ ............................... 14,080 Task 3— Geotechnicallnvestgation and Report .............. — ... .............................................. ............. 1,160 Diaz Yourman & Associates (gectechnical engineering) ................ ............................... 14,410 Task 4— Utility Coordination .......... ................................... ..................................................... ......... .1,540 Task5— Right -of -Way Exhibits ............................................... ............................... ..........................3:500 Task6 — Plans ....................................................................... ............................... ......................... 22,980 NUVIS (landscape architecture) ............................ ............................... ..........................7,080 Task 7 — Specifications Review .............. ............................... ............................ ..........................2,580 Task 4 — Cost Estimate/ Bid List ............................................. ............................... ..........................4,340 Task 4 — Meetings, Coordination & Submittals .................................................. ............................... 6,440 01/16 2002 13:49 7144391097 METROPOINTE ENGINEER PAGE 07 Mr. Rich Edmonston January 15, 2002 City of Newport Beach Page 6 Reimbursables (estimated at 5 %) ....................... ... 4,150 Total $ 87,060 The geotechnical fee listed above under Task 3, includes the optional tasks identified in the scope. We have attached our estimated task/labor hour list for MetroPointe's work. Task lists for our subconsultants can be provided if needed. Please call if you would like to discuss and /or modify this proposal. We look forward to continuing our work an this project with the City and County. Sincerely, Marie Marston, P.E. Principal Attachment: Task List / Labor Hours 01/16'/2002 13:49 7144361097 r—] L METROPOINTE ENGINEER PAGE 08 EXHIBIT B CLIEM: City of Newport Beach MetraPointe Eirigtineeirs, Inc. Pi Allasc Drive /.trvine Avenue Intersection Improvements PROJECT RATE JOB No: 219- LAWA DATE: T"wryI5.ZOM H Hours Tool A Plincipal 8 6 $aw 4--- C Sr. Engineer 140 40 1 912,600 1 =�W. R'*MZgi Mg�ET M` E Jr, Engineer CADD Designer. 82 82 $5,740 .7 & k G 0 0 '10 • Totals 5 96 140 313 82 60 0 0 699 $57,460 Task No. Function Description A B C D E F G H Hours Total Task I - Supplemental Ground Survey /Augment Base Maps Survey Coordination 2 2 &ISO Reduce Survey 4 4 $230 Field Walk 4 4 $320 Task 2 - Drainage Study Review Counlys Delhi Channel Info 2 a 1() $840 Hydrology Study 4 60 64 SS.eOO Hydraulic Design 2 32 3 42 ",720 Summarize BeforelAliter, Drainage Report 2 32 3 42 $3,720 Task 3 - Geotachnical Investigation and Report Coord wi Geotach for Investigalton Needs 4 4 $320 Review Gootach Repon 2 4 6 $520 Coord Vvoll/Suruc Said Parameters 4 4 $320 Task 4 - Utility Coordination Utility Coordination w/ County 2 10 12 ;900 Review Utility impacts 1 8 9 $740 Task 5 - Right of Way Exhibits RIW ExIiibits, Perm (3) 3 Is 18 $1 500 RAV E)tibits Tamp (4) 4 20 24 $2.000 Task 6 - Plans 1 TypiCal Sections / Details I Notes 2 8 12 22 $7.560 2 Street Plan & Profile 2 20 12 34 $2.640 3 Storm Drain Plan, PTD61* (at Irving) 2 20 12 34 S2,520 A Storm Drain Plan. Profile (w Mesa) 2 8 24 12 46 23,500 S Storm Drain Details 2 4 16 16 as $2,800 6 Retaining Well Design /Aesthetics 1 12 13 81,060 7 Retaining Wall Plan I Profile 2 16 12 30 $2,320 8 Retaining Wall Plan & Profile 2 t6 12 30 $2.320 9 Construction Details 2 12 6 22 $1.940 Signing and Striping Plan 1 16 a 26 52,141 11 Landscape Plan Coord 1 2 3 $260 Ill 12 Irrigation Plan Coord 1 2 3 $260 Task 7 - Specifications Review Review County Space 8 8 Sabo Comptue, Bid Item Lists 12 12 $9430 Prepare Specs for Items not in County's a a $800 Task 8 - Cast Ettilmnats I Bid List Quantry Take Off 2 6 16 24 51,800 Cast Estimale 2 is la $1,480 Bid List 1 12 13 $1,060 Task 9 - Meetings, Coordination & Submittals (ickofflulearting 3 3 6 $540 A"bings (3) 9 3 12 S1,140 Drainage Meeting with County 4 4 a $760 CDardinabon a 12 20 I 1,750 Submittals I Responses (2) 6 8 16 51,360 QA1QC 8 a $890 ACORD„ CERTIFICAft OF LIABILITY INSU NCE DATE IMM1ODIYY) 03/18/2002 PRODUCER (949)263 -0606 FAX (949)263 -0906 Complete Insurance, Inc. THIS CERTIFICATE IS13SUED 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 POLICY EFFECTIVE DATE MMIDD/YY INSURERS AFFORDING COVERAGE Newport Beach, CA 92660 P.O. Box 1768 INSURED Metro Pointe Engineers, Inc. INSURERA American Motorists Ins. Co. INSURER B: (C /o Kemper KSA) 3151 Airway Ave. #J1 INSURER C. Costa Mesa, CA 92626 INSURER U' $ Soo '000 INSURER E: X COMMERCIAL GENERAL LIABILITY 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 INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MM /DD/YY LIMITS P.O. Box 1768 GENERAL LIABILITY 7RS80279700 02/23/2002 02/23/2003 EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any one fire) $ Soo '000 X COMMERCIAL GENERAL LIABILITY CLAINIS MADE %❑ OCCUR MEO EXP (Any one person) S 10,000 PERSONAL &ADV INJURY S 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY PRO- LOG JECT AUTOMOBILE LIABILITY ANY AUTO 7RS80279700 02/23/2002 02/23/2003 COMBINED SINGLE LIMIT IEa acadent) S 1,000,000 BODILY INJURY {Per parson) s ALL OWNED AUTOS SCHEDULED AUTOS A X BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC S ANY AUTO $ AUTO ONLY ADS EXCESS LIABILITY RS80278700 02/23/2002 02/23/2003 EACH OCCURRENCE S 1,000,000 X OCCUR ❑CLAIMS MADE AGGREGATE $ 1,000,000 S A $ DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND 7CW61832002 02/23/2002 02/23/2003 X A H TORY LIMITS ER A EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S 1,000,000 E. L. DISEASE - EA EMPLOYEd S 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 OTHER 10 day notice applies t0 non - payment and /or non - reporting DESCRIPTION OF OPERATIONSILOCATIONS IVEHICLESIEXC W SIGNS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ertificate holder is additional insured as respects general liability but only if required by written ontract with the named insured prior to an occurence and as per coverage form BP7434. Coverage subject o all policy terms and conditions. Waiver of subrogation applies to work comp per form WC040306. E: Mesa Drive /Irvine Ave, 100% Design CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION ACORD 25 -S (7/97) ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KNUEXXOR(CO MAIL City of Newport Reach Public Works Dept. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: S h a u n a Oyler {Q17P11XBC8(7DN"AYIX9UKX 1 407102) L9f947N000BrAfiEXIDABOISADA7NDFWIPJBIUBX X P.O. Box 1768 ®RWJYA4P)tN1PI0X XHFg7C0.UXl` YKO[ 9( XOt9N7(9(QR(�PX�9Ep7470'KrF9(XX XXXXX Newport Beach, CA 92658 -8915 AUTHORIZED REPRESENTATIVE Alicia I ram, AAIs /MICHMA ACORD 25 -S (7/97) ©ACORD CORPORATION 1988 dh City of Newport Beach Certificate issued to City of Newport Beach Complete Insurance, Inc. 03/18/2002 Additional Insured: City of Newport Reach, its officers, officials, employees and volunteers. 03/18/2002 AcbRD„ CERTIFICNif, OF LIABILITY INSU NCE I DATE(MMIDDNY) 03/18/2002 PRODUCER (949)263 -0606 FAX (9 Complete Insurance, Inc. 9)263 -0906 THIS C;I=RTIFICATE ISWSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR California DOI #0437762 POLICY NUMBER ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1500 Quail St., Suite 410 Newport Beach, CA 92660 1 LIMITS INSURERS AFFORDING COVERAGE INSURED Metro Pointe Engineers, IncLPUb1M%WQ'k' Newport Beach, CA 92658-8915 IN RER A: Lumbermens Mutual Casualty Co. 3151 Airway Ave. #31 R 2, IN RER B: (c /o Kemper Professional) IN URER C' Costa Mesa, CA 92626 IN URER O: Department Newport Bea IN URER E: 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMID IYY POLICY EXPIRATION DATE MM/DDIYY LIMITS P . 0 . Box 17 6 8 GENERAL LIABILITY Newport Beach, CA 92658-8915 AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ FIRE DAMAGE {Any one lire) $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE FI OCCUR MED EXP (Any one person) $ PERSONAL S ADV INJURY $ GENERAL AGGREGATE S GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ POLICY PRO - JFCT OC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY IPer person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accltlanU $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC S S AUTO ONLY AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION S $ WORKERS COMPENSATION AND Y LIMITS ER EMPLOYERS' LIABILITY E.L.EACHACCIDENT — -- $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER Professional Liability L00040800 02/23/2002 02/23/2003 $2,000,000 Per Claim A $2,000,000 Aggregate DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENDSPECIAL PROVISIONS 0 day notice applies to non - payment of premium. 30 day notice applies per form PL7405. E: Mesa Drive /Irvine Ave, 100% Design CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION ACORD 25 -S (V97( ©ACORD 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 Public Works Dept. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Shauna Oyler BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGnTION OR LIABILITY P . 0 . Box 17 6 8 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Newport Beach, CA 92658-8915 AUTHORIZED REPRESENTATIVE Alicia I ram, AAI- /MICHMA ACORD 25 -S (V97( ©ACORD CORPORATION 1988 0 Kemper 0 ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY LUMBERMENS MUTUAL CASUALTY COMPANY NAMED INSURED: MetroPointe Engineers, Inc. POLICY NUMBER: QL00040800 POLICY PERIOD: 02/23/02 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 30 days prior written notice is given to: City of Newport Beach All other provisions of this policy remain unchanged. PL 74 05 (Ed. 05 99) Printed in USA ARCHITECTS AND AINEERS PROGRAM ENDORSWENT 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 officers, officials, employees and volunteers. This endorsement modifies insurance provided under the following: BUSINESSOWNERSPOLICY C. Waiver of Subrogation: A. Additional Insured: The following is added to the Businessowners Liability Coverage Form, BP 71 08; Item >. Of Section C. — WHO IS AN INSURED, is deleted and replaced by the following: i, 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 a Premises you own, rent, occupy or use. I his 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. BP 7434 (Ed. 07 99) Abbreviated Paragraph 2., of the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS "r0 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: t) Owned or controlled by you; or 2) That owns or controls you. Countersigned by Authorized Representative 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 02/23/02 Policy No. 7CW61832002 Endorsement No. 1 Insured MetroPointe Engineers, Inc. Premium Insurance Company AMERICAN MOTORISTS INSURANCE COMPANY ► �((9AMIGO) C C Countersigned by / .j (J'4— 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. I IT, IaQ :irl'kTi-d 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. ,MAR -26 -2002 TUE 11:12 AM CAL ifANCE FAX N0, 71491654 P, 01/01 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST 1S COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH, DATE RECEIVED: / 5 0 Z DEPARTMENIYCONTACr RECEIVED FROM: V A. b G W D/K 5 99' 2t DATE COMPLETED: �✓ a1F O SENT TO: S V ALA ✓16L D BY: /L4 COMPANYIPERSON REQUIRED TO HAVE CERTIFICATE: e w C Z I. GENERAL LIABILITY: a INSURANCE COMPANY: byl S LO )'In,4 B. AM BEST RATING (A VII or greater): AXI C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted in California? Yes-, No­ D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? Yes X No_ _ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes-.P No^ H. CAUTIONI ( Confirm that loss or liability of the Named insured is not limit solely by their negligence.) Does endorsement include "solely by negligence" wording? Yesy No_ I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of canccllatiou by certified marl; per Lauren Farley the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY: t/A� �/ A. INSURANCE COMPANY: _Amn( ✓) IV Dhf thf I n� (C�o Xe�f ) B. AM BEST RATING (A VII or greater): A Y J C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes, No� D. LR IITS: ( Must be L1,000,D00 minimttm BI & PD and 5500,000 UM) What is limits rovided? V 11006,00D E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers agents, officials, employees and volunteers). Is it included? Yes iX No____ F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes Note G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified marl; per Lauren Farley the City will accept the endeavor wording. M. WORKERS COMPENSATION: n �C 1 � �o I1' "'' �� A. INSURANCE COMPANY: f ilil o �;�' IIA.S, "u- B. AM BEST RA71NO (A VII or greater) A x y C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include), Is it included? Yes, NO HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No. IF NO, WHICH ITEMS NEED TO BE COMPLETED? • MAR 12 2002 TO: Mayor and Members of the City Council FROM: Public Works Department • lrl�; March 12, 2001 CITY COUNCIL AGENDA ITEM NO. 7 SUBJECT: MESA DRIVE WIDENING PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS RECOMMENDATIONS: 1. Approve a Professional Services Agreement with MetroPointe Engineers, of Costa Mesa, California, for design of widening Mesa Drive at the intersection of Irvine Avenue at a contract price of $87,060 and authorize the Mayor and City Clerk to execute the Agreement. 2. Authorize a Budget Amendment in the amount of $87,060 from the unappropriated balance of the Circulation & Transportation Fund to Account No. 7261- C5200665. DISCUSSION: The City advised the County as much as ten years ago of the need to widen Mesa Drive westerly of Irvine Avenue to create an appropriate alignment with the proposed widening of Mesa Drive to the east. It was agreed that the appropriate time to do this was with the widening of Irvine Avenue between University Drive and Bristol Street. The goal of this project is to allow the east approach on Mesa Drive to be restriped to provide a dual left -turn lane for traffic turning on to southbound Irvine Avenue and the current right -turn lane to become a through and right -turn lane. The Irvine Avenue widening was begun by the County and then shelved as a result of the bankruptcy. Due to administrative constraints, the County did not include the Mesa Drive work when the Irvine Avenue project was started up again last year. When the City brought this oversight to the County's attention, they were unsure whether they would be able to fund the Mesa Drive improvements. In an effort to move the project forward, Newport Beach retained the firm of MetroPointe Engineers to prepare preliminary plans with enough detail to identify the extent of necessary right -of -way acquisition and to provide an estimate for the County to use for budgeting purposes. The County has now agreed to include the Mesa Drive improvements in the contract for the Irvine Avenue widening. The County consultant selection process is such that it would delay the work and be more costly for them to hire a consulting firm directly. The 0 9 SUBJECT: MESA DRIVE WIDENING PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS March 12, 2002 Page 2 County has agreed to reimburse the City for the costs of having MetroPointe Engineers complete the project design. The scope of professional services will include: Survey work, preparation of right -of -way exhibits, geotechnical investigation, utility coordination /relocation, a drainage study, and final design work. The resulting plans, specifications, and estimates will be included by the County in the project for Irvine Avenue. It is recommended that the City advance Circulation and Transportation funds for this design effort in the amount of $87,060. When the City requests reimbursement from the County (as provided in a Cooperative Agreement), a Budget Amendment will be processed. Respectfully submitted, PUBLIC'WORKS DEPARTMENT Stephen G. Badum, Director By:�Y Richard M. Edmonston Transportation & Development Services Manager Attachments: Professional Services Agreement 0 0 DRAFT PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS FOR MESA DRIVE /IRVINE AVENUE INTERSECTION IMPROVEMENT PROJECT THIS AGREEMENT, entered into this 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 Intersection Improvement Project ('Project'). C. City desires to engage Consultant to prepare the final design and construction documents for improvements to the Mesa Drive /Irvine Avenue intersection using 50% design documents as the basis upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Marie Marston, P.E. -1- 0 0 E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms 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 1st day of April, 2002, and shall terminate on the 31st day of March, 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 eighty-seven thousand, sixty and 001100 Dollars ($87,060.00). -2- 9 0 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly 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 -3- 0 9 percent (10 °10) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. 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. 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 me 01 0 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, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its I'I 0 0 personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. Eel 9. 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. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include -7- 0 9 attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce: the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. 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, M 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 one million Dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit 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 91 • • 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. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant -10- E pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City 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. -11- 0 • B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Tony Brine, P.E., shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such -12- Ll withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination -13- 0 of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. 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, P.E. MetroPointe Engineers 3151 Airway Avenue, Suite J -1 Costa Mesa, Ca 92626 714 -438 -1095 Fax: 714 -438 -1097 -14- 0 0 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the -15- 0 0 same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. 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 -16- 0 0 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 (A2000) 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. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's 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 By: Mayor METROPOINTE ENGINEERS f : \usem\pbvhshared\agreements \fy 01 -02\mrytopointe -mesa ddve-irvine blvd.do -17- 01/16/2002 13:49 7144381 etroPoi me sneers January 15, 2002 Mr. Rich Edmonston City of Newport Beach 3333 Newport Blvd. Newport Beach, CA 92658 METROPOINTE ENGINEER PAGE 02 16 EXHIBIT A 3151 Airway Avenue, Suite J -1 Costa Mesa, CA 92626 Bus: (714) 438 -1095 Fax: (714) 438-1097 Subject: Mesa Drive f Irvine Avenue Intersection Improvements Preparation of Construction Documents Dear Mr. Edmonston: This letter outlines our scope of work and fee estimate to prepare the final design and construction documents for improvements to the Mesa Drive I Irvine Avenue intersection using our 50% design documents as the basis. The final design will be coordinated with the County of Orange's ongoing Irvine Avenue widening design from Bristol Street to Mesa Drive. We understand the County is preparing the design, supplemented with additional design work from a consultant Completion of our Mesa Drive design will provide the County with a "seC of plans which will be added to the Irvine Avenue plan set, an engineer's estimate of construction cost, a bid list which will be added to the Irvine Avenue bid list, and a review of the Irvine Avenue specifications to ensure they are inclusive of the Mesa Drive construction requirements. The purpose of the City of Newport Beach's improvement at Mesa Drive and Irvine Avenue is the inclusion of a second westbound to southbound left turn lane. This can be accommodated by converting the existing through lane to the outside left turn lane and converting the right turn lane to a through -right turn lane. This new lane configuration requires realignment of Mesa Drive on the west leg of the intersection, signal modifications, right -of -way acquisition from the Newport Bay Terrace apartments on the north side and from the shopping center on the south side. Offsite improvements including new retaining walls,, are required. We anticipate the scope will include the following work tasks: Task 'I Supplemental Ground Survey / Augment Base Maps Task 2 Drainage Study Task :i Geotechnical Investigation and Report Task 4 Utility Coordination Task 5 Right -of -Way Exhibits Task Plans Task 7 Specificetions Review Task 8 Cost Estimate / Bid List Task 9 Meetings, Coordination & Submittals Task 1 — Supplemental Ground Survey / Augment Base Maps We prepared a base map during the 509/6 design using the County's base map for the Irvine Avenue widening project augmented with field survey to include a greater length Mesa Drive. We will perform a supplemental field survey along and adjacent to Mesa Drive within the project area to obtain location Information for additional topographic features based on the needs realized during the 50% design. Again, the County of Orange datum for both horizontal and vertical control will be the basis. The previous survey consisted of cross sections at a minimum of 50 -foot intervals which included the street parameters and 10 feet beyond existing right of way. The additional survey will obtain more shots on the private properties impacted by the proposed retaining walls, additional shots at the west join on Mesa Drive, and additional topographic features. Due to the inability to locate as- builts for the existing 01/16/2002 13:49 7144381097 METROPOINTE ENGINEER PAGE 03 • Mr. Rich Edmonston January 15, 2002 City of Newport Beach Page 2 private property retaining walls, we will also need to obtain "potholes" to locate the tooting depth and dimensions on the street side. Some area shots will also be taken to attempt to determine existing offsite and onsite drainage patterns as they relate to this section of roadway. Tree and large shrub locations will also be obtained. Upon completion of the survey, we will incorporate the data into the base map. The survey data will augment the previously developed base map. Task 2 — Drainage Study Following review of our 50% plans, the County has indicated concern with the existing street drainage. As vie understand it, their primary concern is potential impact to Irvine Avenue traffic which might be caused by the increase in flow resulting from the Mesa Drive widening and the likely subsequent increase of flow overshooting the Mesa Drive catch basins at the curb returns with Irvine Avenue. After a recent meeting with the County, their direction was to attempt to quantify the before and after flow on Mesa Drive and determine if modification to the Inlet size or providing grate inlets would help to pick up the drainage before reaching Irvine Avenue. It was discussed that attempts to revise the geometry, specifically the vertical alignment and cross slope on Mesa Drive, would not be practical due to existing adjacent land uses and overall topography and therefore, would not be studied. The County has requested, however, that the drainage facilities be designed such that no concentrated flows exceeding 0.1 cfs will cross Irvine Avenue. Based on this requirement, we will prepare a hydrology study in accordance with the Orange County Hydrology Manual and the Orange County Local Drainage Manual. Having recently improved the Santa Ana Delhi Channel (F01), just east of Irvine Avenue crossing under Mesa Drive, the County will provide their previous drainage study and information. We will use topographic maps as available from the County from the previous study, to examine local topography. We have included an additional day of field survey to obtain more specific ground information. We have not included an aerial topographic map. We will determine the 10 year flow from the hydrology study. We will determine the before and after drainage areas draining to the catch basins near the intersection with Irvine Avenue and determine the percentage increase in impervious area. We will maximize the catch basin size, the local depression size, and potentially use a combined curb opening/grate inlet (longer grates than currently exist). We anticipate the need for additional catch basins on Mesa Drive upstream from those near the Irvine Avenue intersection will be required in order to collect the runoff before crossing Irvine Avenue. Thus a piping system would extend from the Irvine Avenue / Mesa Drive intersection up Mesa Drive. Additional plan sheets are included for the design of these facilities We will identify utility conflicts resulting from the new storm drain, however, we have assumed any utility modifications would be designed by the County if any are involved. Task 3— GeWechnicai Investigation and Report Diaz Yourman & Associates has joined our team for the geotechnical investigation and report preparation. Their scope of work has been identified as the following subtasks: Subtask 1A— Data Review/ Permitting Subtask 1 B — Geophysical Survey (Optional) Subtask 2A — Subsurface Investigation Subtask 2B — Retaining Wall Foundation Investigation (Optional) Subtask 3 — Laboratory Testing Subtask 4 - Engineering Analyses These are further discussed as follows. Subtask 1A — Data Review / Permitting. Available geotechnical data will be reviewed. We will assist the City in obtaining encroachment / access permits from the property owners for field activities. We w ll contact Underground Service Alert (USA) to check for locations of underground utilities as related to the field investigation. 01/16/2002 13:49 7144381 METROPOINTE ENGINEER PAGE 04 Mr. Rich Edmonston January 15, 2002 City of Newport Beach Page 3 Subtask 1B Geophysical Sruvey (Optional). To help check for underground utilities for the field investigations and to help investigate the type of foundation for the existing high retaining wall, we recommend an optional geophyslcal survey. The geophysical survey will use a variety of techniques such as ground penetrating radar (GPR), electromagnetic, electrical resistivity, and magnometer surveys. Subtask 2A— Subsurface Investigation. The subsurface investigation will consist of drilling three to four borings between 5 and 20 feet deep for a total linear footage of 50 feet. The field investigation depths were selected- to investigate the subsurface materials that will be influenced by the proposed project. The number of exploration points was selected to provide overall coverage of the project site. Subtask 28 — Retaining Wall Foundation Investigation (Optional). This optional subtask will consist of attempting to investigate the assumed shallow foundation of the retaining wall to remain in place (shopping center wall). We will hand excavate one to two test pits adjacent to the retaining wall to attempt to identify the depth of foundation on the existing wall. Subtask 3 — Laboratory Testing. Soil samples collected during the field investigation will be reexamined to confirm their field classificat ions and to select samples for testing. We estimate the following test will be conducted: • Moisture content / dry density • Atterberg limits f particle size distribution • Sand equivalent • Shear strength • Compaction • R- Value • pH, Sulfates, and Chlorides Subtask 4— Engineering Analyses. The results of the data review and field and laboratory tests will be the basis of our engineering analyses. We will provide engineering conclusions and recommendations regarding: • Site conditions • Geologic and seismic hazards • Foundation type and design criteria • Stability of existing and proposed retaining walls • Lateral earth pressures and resistance to lateral loads • Asphalt concrete pavement thickness • Soil corrosion potential Task 4 — Utility Coordination During the 50 1% design we contacted the area utility companies and obtained their current facilities location information. Based on that study, the following utilities are present: Southern California Edison - Overhead Lines on poles along the north side of Mesa Southern California Gas Company — a 3" line north of the Mesa centerline Adelphia Cable — on the SCE power poles, and on poles on the south Pacific Bell — on the SCE power poles, and on poles on the south City of Newport Beach — an 8" water line north of the Mesa centerline City of Newport Beach —a 6" sewer line located south of the Mesa centerline Based on the 50% design, the following impacts are involved in the project: Relocation of the power poles on the north side Relocation of the power poles on the south side Relocation of a fire hydrant along the south side 01/16/2002 13:49 71443910997 METROPOINTE ENGINEER PAGE 05 Mr. Rich Edmonston January 15, 2002 City of Newport Beach Page 4 The County has stated they will perform the coordination with the utility companies. We will provide the information we have from the utility companies along with the impacts our design has on them. We will assume our utility effort is limited to coordination with the County and identification of utility /roadway improvement conflicts. Task 5 — Right-of-Nfay 6rhlbits The County is performing the right -of -way engineering and appraisal /acquisition processes for the property needed for both Irvine Avenue and Mesa Drive. We will prepare exhibits defining the limits of the permanent fee transfer and the private property areas which require a temporary permit to construct. We will coordinate this with the County. We will prepare exhibits for the land required on both sides of Mesa Drive. Task 6 — Plans We will prepare the 100% complete plan set for Mesa Drive. We estimate the following sheets: 1. Typical Cross Sections / Details / Notes 2. Street Plan & Profile 3. Storm Drain Plan & Profile 4. Storm Drain Plan & Profile 5. Stone Drain Details 6. Retaining Wall Plan & Profile 7. Retaining Wall Plan & Profile 8. Retaining Wall Design if Aesthetics 9. Construction Details 10. Signing and Striping Plan 11, Landscaping Plan 12. Irrigation Plan The County will prepare the Title Sheet, Traffic Signal Modifications, and Utility Modifications (if required). The contractor will be required to prepare traffic handling sheets and these will not be included as a part of our plan set We can prepare the sheets on either County or City borders. We will prepare the street modification plans at a scale of V=40', or other appropriate scale. The plans will show existing and proposed curb, gutter, sidewalk, medians, walkways, driveways, etc. Curb profiles will be designed and shown. The plans will include the relocation/reconstruction of existing drainage facilities and to the extent described in Task 2 above, designed to pick up as much flow as possible before bypassing and entering Irvine Avenue by potentially using a combined curb opening /grate inlet A hydrology study will not be prepared. The signing and striping plans will show the existing striping, limits of striping /markers removal, new striping, pavement markings, and markers. Existing signs conflicting with the new curbs will be shown to be relocated. Two retaining wall plans are anticipated. The south side Mesa Drive retaining wall plan will need to coordinate with the county's wall plan to join at the curb return. The County has indicated they would like to use a fractured rib aesthetic treatment to the proposed type 1 concrete retaining walls. The south side retaining wall would be designed to be located in front of the existing shopping center wall. We will need to ascertain the footing location of the existing wall in order to ensure the proposed wall design considers the existing wall with respect to loading, actual dimensions, and oonstnrctability. The proposed north side wall will require removal of the existing wall. We will need to examine constructability, to determine methods which will be the least invasive on the existing apartment site. We will investigate existing landscaping and irrigation of the adjacent properties to determine existing plants and facilities. An "as- built" of the existing irrigation will have to be assembled and has been assumed for purposes of this proposal, unless actual as- builts can be located. The proposed retaining 01/16/2002 13:49 71443816 Mr. Rich Edmonston City of Newport Beach METROPOINTE EN6EER IZTeliSI: January 15, 2002 Page 5 walls will impact the existing landscaping and as such, we will prepare plans indicating the necessary changes. Replanting and irrigation plans will be prepared. NWIS has joined our team for this effort. Task 7 — Specifications Review We will prepare a list of items for the bid and compare to the County's bid item list We will prepare specifications for only those items which are not included in the County's bid list and therefore, not included in their specification package. We will review the County's specifications to ensure their requirements are consistent with our design. For purposes of this proposal, we are assuming the need for preparation of specification sections for two items. Task 8 - Cosa Estimate t Bld List We will prepare a construction quantity and cost estimate. The estimate will show quantities and unit prices for each item, Our unit prices will be based on a combination of prices obtained from recent construction bids for similar projects, discussions with City and County staff, and discussions with others in the construction industry. A bid item list will be prepared. This will be provided to the County for inclusion in the construction bid document package. Task 9 - Meetings, Coordination, and Submittals Upon the notice to proceed, we have assumed a kickoff meeting will be held with the City and County to confirm the design intent and document preparation. Because of the single construction document package for both the Irvine Avenue widening and the Mesa Drive widening, it will be important throughout the project to ensure that duplication or omissions do not occur. We expect there may be several combined meetings with the City, County, and County's consultant We will coordinate as required throughout the project with the City, County, and County's consultant to confirm a complete set of documents and appropriate joins. We anticipate three submittals - at the 75 %, 100 %, and final set of completion. We expect that both the City and County will review our documents and provide comments. We will respond and incorporate the appropriate comments. Exclusions to Scooe of Work • Right-of-way legal descriptions, appraisals, acquisition, and title reports • Traffic Signal Modification Plan • Title Sheet Traffic Handling Plans • Utility Plans Fee Estimate Task 1 - Supplemental Ground Survey / Augment Base Maps .............. The Culver Group (field survey)- ....................................... Task2 - Drainage Study ........................................ ............................... Task 3 - Geolechnical Investigation and Report ..... ............................... Diaz Yourman & Associates (geotechnical engineering)...... Task 4 - Utility Coordination .................................. ............................... Task 5— Right -of -Way Exhibits .............................. ............................... Task6 - Plans ....................................................... ............................... NIJVIS (landscape architecture) ........... ............................... Task 7 - Specifications Review ............. .. ............ : ............... ......... ........ Task 4 - Cost: Estimate/ Bid List ............................ ............................... Task 4 - Meetings, Coordination & Submittals ....... ............................... 0]/16/2002 13:49 714438109: Mr. Rich Edmonston City of Newport Beach Reimbursables (estimated at 6 %) ................ METROPOINTE ENGINEER PAGE January 15, 2002 Page 6 ........ ............................... 41150 Total 5 87,060 The geotechnicat fee listed above under Task 3, includes the optional tasks identified in the scope. We have attached our estimated task/labor hour list for MetroPoinWs work. Task lists for our subconsultants can be provided if needed. Please call if you would like to discuss and /or modify this proposal. We look forward to continuing our work on this project with the City and County. Sincerely, Marie Marston, P.E. Principal Attachment: Task List / Labor Hours 07 01/16/2882 13:413 714430 HETR0POINTF EN ER PAGE 80 EXHIBIT B PROS: PROJECT RATE Z08 N0:21.9- LABOR DATE: JokwryM.Z0oZ C: Sr. EnVieler 140 140 3A2,600 ltil E: r. ng nei CADD Designer 82 62 $5,740 'Totals 8 96 140 313 82 60 0 0 69S $57,460 No. Function Description A 8 C 0 E F G Hours Total Task I - Sup*tMrtMi Ground Survey/ Augment Base Maps Reduce Survey 4 4 $2B0 Field Walk 4 4 $320 ,Task 2 - Drainage Study "rology Study 4 so 84 $5,800 Hydraulic Design 2 32 a 42 U.720 Utility CoordInialon wl County 2 10 12 S900 Reviev, Utility Impacts 1 11 9 $740 Task 5 - Right of Way Exhibits RNV Exhibits Penn (3) 3 Is is $1,500 RNV Exhibits Ternp (4) A 20 24 $2,000 Peak 6 - Plans I Typlcsf Sections I Details/ Notes 2 8 12 22 $1.1560 2 Street Plan &Profile 2 2o 12 34 S2.640 13 Storm Drain Plan, Profile (at Irvine) 2 20 12 34 $2,520 6 Retaining Wall Design I Aesthetics 1 12 13 51,060 10 Signing and Striping Pim 2 16 a 26 12,040 112 Irrigation Plan Costa 1 2 3 $260 Corripars Bid been Lim 12 12 M0 Prepare Specs for Items not in Countyu 8 P $800 Cast Estrinste 2 16 18 $1,480 Bid List 1 12 13 $1.060 Drainage Meeting with County 4 4 a S760 coordination a 12 20 S1.780 J Responses; (2) a 6 is $1,360 LSubmible (&y of Newport Beach BUDGET AMENDMENT 2001 -02 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- 033 AMOUNT: Sa7,oso.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 expenditure appropriations for the Mesa Drive Widening Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description Transportation & Circulation Fund Balance Description Description 7261 Transportation & Circulation C5200665 Mesa Drive Widening Project 0 Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $87,060.00 Automatic $87,060.00 Date Date Date wry of Newport Beach BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Pq Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: NO. BA- 033 AMOUNT: $a7,oso.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 expenditure appropriations for the Mesa Drive Widening Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Transportation & Circulation Fund Balance Description Description Division Number 7261 Transportation & Circulation Account Number C5200665 Mesa Drive Widening Project Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Services Director City Council Approval: City Clerk MAR 12 2002 Amount Debit Credit $87,060.00 ' Automatic $87,060.00 Date e Z— Date� Date