HomeMy WebLinkAboutC-3738 - Bridge Seismic Retrofit - Jamboree Road bridges over San Diego Creek and the Goldenrod Avenue pedestrian bridge over Bayside DriveAMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
DOKKEN ENGINEERING FOR
BRIDGE SEISMIC RETROFIT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SER ICES "AGREEMENT
( "Amendment No. ONE "), is entered into as of thiV9 day of� / /llitc�v 2011,
by and between the CITY OF NEWPORT BEAC}i, a California Municipal Corporation
( "City "), and DOKKEN ENGINEERING, a California Corporation whose address is
2365 Iron Point Road, Suite 200, Folsom, California 95630 ( "Consultant'), and is made
with reference to the following:
RECITALS:
A. On November 23, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement') for engineering and construction support services for
the Bridge Seismic Retrofit Project ('Project').
B. City desires to enter into this Amendment No. One to extend the term of the
Agreement to May 31, 2011.
C. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of the Agreement shall terminate on May 31, 2011, unless
terminated earlier as provided for in Agreement.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
One on the dates written below.
APPROVED AS TO FORM:
OFFIC F THE CITY ATTORNEY
Date
ByN,1 v v
Leonie Mulvihill /
Assistant City Attorney
ATTESTS /sob
Date:
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City Clerk
CITY OF NEWPORT BEACH,
A Californiy mu0cipal corporation
di G Badum
Works Director
CONSULTANT: DOKKE N ENGINEERING,
a California Corporation
Date: / LrS7 Z7 "i
Richard T. Liptak
- 4GNef- Execative-Officer //peer/�
Date: 15 WIA4,161 i
By: �&
Brad Dokken
Chief Financial Officer
Y y.. .
PROFESSIONAL SERVICES AGREEMENT WITH
DOKKEN ENGINEERING FOR
BRIDGE SEISMIC RETROFIT
THIS AGREEMENT FORS- PROFESSIONAL SERVICES ( "Agreement") is made
and entered into as of this day of 2010, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and DOKKEN
ENGINEERING, a California corporation ( "Consultant "), whose address is 2365 Iron
Point Road, Suite 200, Folsom, California 95630 and 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 seismically retrofit the Jamboree Road bridges over San Diego
Creek and the Goldenrod Avenue pedestrian bridge over Bayside Drive.
C. City desires to engage Consultant to provide engineering and construction
support services. ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Matthew W.
Salveson, PE.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth 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 above written date, and shall
terminate on March 31, 2011 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services
attached hereto as Exhibit A and incorporated herein by reference ( "Work" or
"Services "). The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 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 that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Thirteen Thousand
Dollars and no /100 ($13,000.00) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1
4.2
Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant
A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final Work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated Matthew W. Salveson, PE to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
If Consultant is performing inspection or construction management services for City, the
Project Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. Consultant's cellular phone number will be provided to
City.
Professional Services Agreement Page 3
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Tom
Sandefur, Associate Civil Engineer or his designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 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 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. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 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
Professional Services Agreement Page 4
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or be in
charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor"), construction means, methods,
techniques, sequences or procedures, or for any health or safety
precautions and programs in connection with the Work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall
not be responsible for the Contractors' schedules or failure to carry out the
Work in accordance with the contract documents. Consultant shall not
have control over or be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the Work.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties') from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
Professional Services Agreement Page 5
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for 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 means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
Project, activities performed and planned, and any meetings that have been scheduled or
are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
Professional Services Agreement Page 6
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements.
I. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
Professional Services Agreement Page 7
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. 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.
Professional Services Agreement Page 8
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. 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.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work
outlined in the Scope of Services. The subconsultants authorized by City to perform
Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived 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.
Professional Services Agreement Page 9
All improvement and /or construction plans shall be prepared with indelible waterproof
ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum
thickness of three mils. Consultant shall provide to City `As- Built' drawings, and a copy
of digital ACAD and tiff image files of all final sheets within ninety (90) days after
finalization of the Project. For more detailed requirements, a copy of the City of
Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
Ii V: 41611vtl0111:1C4744VJ:IZT1.14 *1
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for the Work. City agrees that Consultant shall not
be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a
CD, and should comply with the City's digital submission requirements for Improvement
Plans. The City will provide AutoCAD, file of City Title Sheets. All written documents
shall be transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications
that result from the Services in this Agreement, shall be kept confidential unless City
authorizes in writing the release of information.
20. 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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all 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.
22. RECORDS
Professional Services Agreement Page 10
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 and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. 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 to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant 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 as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. 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 what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. CONFLICTS OF INTEREST
The 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 any
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.
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 immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
Professional Services Agreement Page 11
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of 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:
Attn: Tom Sandefur
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3312
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Matthew W. Salveson, PE
Dokken Engineering
2365 Iron Point Road, Suite 200
Folsom, CA 95630
Phone: 916- 858 -0642
Fax: 916- 858 -0643
28. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
29. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the'non- defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
Professional Services Agreement Page 12
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
30. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
31. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
32. 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 herein.
33. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
34. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
35. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
Professional Services Agreement Page 13
36. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
37. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
38. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
Professional Services Agreement Page 14
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By: L,
Leonie Mulvihill
Assistant City Attorney
ATTEST:
1�?
By
L it I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
CONSULTANT:DOKKEN
ENGINEERING, a California corporation
By:
Richard T. Liptak
£ President
By: 2L'" Ci
Brad Dokken
Chief Financial Officer
Attachment: Exhibit A — Scope of Services and Schedule of Billing Rates
Professional Services Agreement Page 15
am
July 30, 2010
Mr. Thomas Sandefur
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
RE: Goldenrod and San Diego Creek Bridges Seismic Retrofit
Permit Status, Final PS &E
Dear Mr. Sandefur:
As discussed, we have completed our updates to the project special provisions. I can now
send you copies of the final plans, project specifications, and engineer's estimate for your use
in securing City approval to advertise the project. 1-low many hard copies would you like at
this time? Please note that the special provisions are quite lengthy.
With respect to various environmental permits, some work is necessary. In particular:
• The 404 permit (Army Corps of Engineers) for Jamboree expired in May 2010.
• The 1602 permit (Department of Fish and Game) for Jamboree expired in January
2010.
• The Coastal Development Permit for Jamboree expired in April 2010.
• The Coastal Development Permit for Goldenrod expired in June 2010.
• As of July 2010, both structures now require a 402 permit associated with new State
Water Resources Control Board requirements.
We have already started work renewing and (in the case of the 402 permit) obtaining the
appropriate permits. All permits should be in place in 8 -10 weeks, so I strongly encourage
you to proceed with advertising the project. The permits will, of course, need to be in place
before the contractor breaks ground.
We estimate that the labor required (by Dokken Engineering) to obtain these permits will be
approximately $7,000. If it is possible for the City to compensate us for these efforts, it
would be greatly appreciated. Additionally, we anticipate that the various agencies will
require a total of approximately $6,000 in fees to process these permits.
2365 Iron Point Road, Suite 200, Folsom, CA 95630 ^ Tele: 97.6.$58:0642 ^ Fax: 916.858.0643 ^ wwwAokkenengineering.com
Note that the project documents that I will be transmitting have expired permits attached to
them. When you start advertising, you will need to notify the contractors that some minor
revisions to the environmental constraints may be forthcoming. Such changes would have to
be handled under a contract addendum.
Plcase call me if you have any questions.
Sincerely,
Project Manager
attachment
1480- 534MS /nu
2365 Iron Point ]:toad, Suite 200, Polsotn, CA 95030 ^ "lele: 916.858.0642 ^ Pax: 916.858,0643 ° www.dokket- .,ii lneeTijig.con)
RATE SCHEDULE
Effective through May 31, 2011
Professional and supporting staff services will be billed at the following hourly rates:
Principal
$200.00 - $270.00
Project Manager
$160.00 - $220.00
Senior Engineer
$145.00 - $195.00
Associate Engineer
$130.00 - $155.00
Environmental Planner
$90.00 - $145.00
CAD /Detailer
$85.00 - $140.00
Assistant Engineer
$85.00- $110.00
Engineering Technician
$55.00 - $85.00
Administrative /Clerical
$50.00 - $130.00
Ordinary supplies and equipment are included in the above hourly rates. The following
is considered an item of special charge and its cost will be added at the following rate:
Outside Reproduction
Richard T. Liptak, PE
President
Actual Cost
DOKKEN ENGINEERING • 2365 Iron Point Road Suite 200 • Folsom, CA 95630 • Tole: 916.858.0642 • Fax: 916.858.0643
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT WITH
DOKKEN ENGINEERING FOR
BRIDGE SEISMIC RETROFIT
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT, is entered into as of this 11441 day of JAIII P10 , 2009, by and
between the CITY OF NEWPORT BEACH, a Municipal Co oration ( "CITY"), and
DOKKEN ENGINEERING, a California Corporation, whose address is 2365 Iron Point
Road, Suite 200, Folsom, Califomia, 95630 ( "CONSULTANT "), and is made with
reference to the following:
RECITALS:
A. On October 26, 2004, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for design
services for the Bridge Seismic Retrofit, hereinafter referred to as "PROJECT."
B. CITY and CONSULTANT have entered into two separate AMENDMENTS of the
AGREEMENT, the latest dated May 4, 2009.
C. CITY desires to enter into this AMENDMENT NO. THREE to extend the term of
the AGREEMENT to December 31, 2010.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. THREE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to December 31, 2010.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
THREE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
ynette . Beap p,
Assistant City Aft ey
ATTEST:
By: am . • �
Leilani I. Brown,
City Clerk
2
CITY OF NEWPORT BEACH,
A Municipal Corpora join
Badum,
s Director
DOKKEN ENGINEERING:
By:
Richard T. Liptak, tl
President
By: An� g' bv- -
Brad Dokken,
Chief Financial Officer
Is
Cl Ill: GU
ACDBQ� CERTIFICATE OF LIABILITY
INSURANCE p�y/g
PRODUCER
THIS CERTIFICATE 6 ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
P. O. Box 12675
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oakland, CA 94604.2675
88018131.360
510 465.3090
INSURERS AFFORDING COVERAGE
INSURED
NSURERA Trawlers Props Casual CO of Am
DOkken Engineering Inc.
INSURER B American Automobile Ins. CO.
2365 Iron Point Road, Suite 200
Folsom, CA 95630
INSURER c. Hudson Insurance Company
INSURER D,. Travelers Indemnity Co. of Connectic
NSURER 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.
Lyl TYPE WRSYRANCE _.. POUCYNUIlER POLICY EFFECIM ICYEXPRATION LAIrts
A GENERAL
uABxl}Y
88018131.360
05131/09
05/31/10
EACH OCCURRENCE
$1,000,000
nRE DAMAGE (Any o fn)
$10_901000___ -_
X
CONMERCIALGENERALLWBRRY`
I
CLAIM MADE n OCCUR
I
MED EXP (Any RAE p✓Lm)
$10,009
PERSONALb ADVxwRY
S1 000000 —_ —. ..
-- _,
—
GENERAL AGGREGATE
112.000.00D
GENT AGGREGATE LMRAPPLESPER:
PRODUCTS- cDMPrOPAG6
$20D000O
- - -_
PCUCY X PRP LOC
D
AU 011 IIe UMI
. ANY AUTO
SA1818L429 :05131/09
05131110
COMWNEO SINGLE UIUT
(E. roEentl
$11000101010
BOGEY AWRY
Ih OP�Pm)
$
T11 OWNED AUTOS
SCHEDULED AUTOS
(Pw INJURY
(P°ia0w')
$
X ; HREDAUTOS
X NONOwNeDAUros
PROPERTY DAMAGE
(Px eLgOEPI)
f
GARAGE LIABLnY
AUTO ONLY. EA ACCIDENT
f
OT RTHAN EA ACC
f
ANY AUTO
$
AUTO ONLY. AGG
A
ExcESS LNBILm
CUPS26SYS32
05/31/09
05131/10
EACH OCCURRENCE
$S 000 ODO
X OCCUR D CLAMS WOE
AGGREGATE
S5,000,00
3
DEDUCTIBLE
f
RETENTION !
I
B
woroans caiiRiG ATow AND
WZP80973556
05/31109
05131/10
X "'c 11WIT orR
MKOYERS' L IMI ITY
E.L. EACH ACCIDENT
$1,000,000
EL. DISEASE - EAEAiLOYEE
f1 ODO,ODO
E.L. DISEASEPoLICY LMR
f1 000 000 -
C
OWER Professional
AEE7114404
05/31/09
05/31/10
$2,000,000 per Claim
bllity
$2,000,000 Annl Aggr.
DESCRIPTION OF OPERATIONbLOtM10NBIV EMX:LlBIf](cLLSN7N6 ADDED BY ENDOIIBE$ENTttIPEGML PROVISIONS
General Liability Policy excludes claims arising out of the performance of professional
services.
PROJECT: Goldenrod POC and San Diego Creek Bridges (DE- 1480).
(See Attached Descriptions)
City of Newport Beach
Public Works Dept
Attn: Uoyd R. Dalton, PE
3300 Newport Blvd.
Newport Beach, CA 926584915
25817/9714 ..69 rsf9412Re
MOLE DaSCRIBED POLICES BE
EXPIRATION
TNEREOP. WE ISSUIIG INSURER 11111apoNtUM TOMMLAn DAYSWRITTEN
E TOWS CQTfICATE HOLDER NAMED TOTNE LER.1eUCIUMMOOCCIDOOOtMKX
I"I
DESCRIPTIONS (Continued from Page 1)
The City of Newport, its officers, officials, employees and volunteers are
additional Insureds for General & Auto Liability per policy form wording.
Waiver of subrogation (attached) applies to Workers' Comp.
General Liability policy has no exclusion for XCU.
Cancellation provisions are solely as shown on this certificate.
AMS 25.3 (07197) 2 of 2 #M251880
POLICY NUMBER: 68016131,360
COMMERCIAL GENERAL LIABILITY
ISSUE DATE: 04/22/09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):
City of Newport Beach
Public Works Dept.
Attn: Lloyd R. Dalton, PE
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
PROJECTILOCATION OF COVERED OPERATIONS:
All Operations of the Named Insured
1. WHO IS AN INSURED (Section II) is amended to
include the person or organization shown in the
Schedule above as an additional insured on this
Coverage Part, but:
a. Only with respect to liability for "bodily injury"
"property damage" or "personal Injury"; and
b. If the injury or damage arises out of the per-
formance by you or your subcontractor, of
"your work" on or for the project, or at the lo-
cation, shown in the Schedule above. Such
person or organization does not quality as an
additional insured with respect to their inde-
pendent acts or for "bodily injury", "property
damage" or "personal injury for which that
person or organization has assumed liability
in a contract or agreement
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a. This insurance does not apply to the render-
ing of or failure to render any "professional
services ".
b. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed to provide in a "contract or agreement
requiring insurance" for that additional in-
sured, or the limits shown In the Declarations
for this Coverage Part, whichever are less
This endorsement does not increase the lim-
its of insurance stated in the LIMITS OF IN-
SURANCE (Section III) for the Coverage
Part.
3. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section m:
However, if you specifically agree in a "contract or
agreement requiring insurance" that, for addi-
tional insured shown in the Schedule, the insur-
ance provided to that additional insured under this
Coverage Part must apply on a primary basis, or
a primary and non - contributory basis, this insur-
ance is primary to other insurance that is avail-
able to such additional Insured which covers such
additional insured as a named insured, and we
will not share with the other insurance, provided
that:
(1) The "bodily Injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance" for such addi-
tional insured. But this Insurance still is excess
over valid and collectible other insurance,
whether primary, excess, contingent or on any
CG D3 82 Og OB 2108, The St. PaW Tretebn Inewaa Companies, Inc. Page 1 of 2
kKkkd" wprigMed material of loses Services Otaoes. Im. wch iM permsdon
COMMERCIAL GENERAL LIABILITY
other basis, that is available to the additional in-
sured when the additional insured is also an addi-
tional Insured under any other insurance.
4. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
In COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section 11f1:
We waive any rights of recovery we may have
against the additional insured shown in the
Schedule above because of payments we make
for "bodily injury"'property damage" or "personal
injury" arising out of "your work" on or for the pro-
ject, or at the location, shown in the Schedule
above, performed by you, or on your behalf, un-
der a 'contract or agreement requiring insurance"
with that additional insured. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with that additional insured entered into by
you before, and in effect when, the "bodily injury
or "property damage" occurs, or the "personal in-
jury' offense is committed.
5. As respects the insurance provided to the addi-
tional insured by this endorsement, the following
definition is added to DEFINITIONS (Section V):
"contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include the person
or organization shown in the Schedule as an ad-
ditional insured on this Coverage Part, provided
that the "bodily injury' and "property damage" oc-
curs, and the 'personal injury" is caused by an of-
fense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
All other terms of your policy remain the same.
SCHEDULE CONTINUED: The City of Newport, its officers, officials,
employees and volunteers.
Pape 2 012 2006. The SL Paul Travalera Insurance Companws. Inc. CG 03 82 09 06
Includes Cepynghted Mw*nal of lnsurant SerVk ul Office. Inc, Wdh 13 POMWW n-
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause' needs to be completed only when this endorsement Is Issued subsequent to preparation of the policy.)
This endorsement forms a part of Policy No. WZP80973556
Issuedto: Dokken Engineering Inc.
By: American Automobile Ina. Co.
Premium (if any) TBD
We have a 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 -5% of the California workers compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization Job Description
City of Newport Beach PROJECT: Goldenrod POC and San Diego
Public Works Dept. Creek Bridges (DE- 1480). The City of
Attn: Lloyd R. Dalton, PE Newport, its officers, officials,
3300 Newport Blvd. employees and volunteers.
Newport Beach, CA 92658 -8915
WC 04 03 06 Countersigned by
(Ed. 484) Authorized Representative
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH DOKKEN ENGINEERING
FOR BRIDGE SEISMIC RETROFIT
C -373'
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this "MI day of 4crtJi , 20M , by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
DOKKEN ENGINEERING a California Corporation whose address is 2365 Iron Point
Road, Suite 200, Folsom, Califomia,95630 ( "Consultant'), and is made with reference
to the following:
RECITALS
A. On October 26, 2004, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "Agreement',
for design services for theBridge Seismic Retrofit Project, hereinafter
referred to as "Project'. The terms of this agreement expired on January
1, 2007.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to December 31, 2009.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. The term of the Agreement shall be extended to December 31, 2009 in
accordance with the exhibit attached hereto.
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
`J
0
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
B : • / diir�� e�i
aVonne Harkless,
City Clerk
0
CITY OF NEWcBEACH,
A Municipal n
f %en G. Badum
the City of Newport Beach
DOKKEN ENGINEERING:
... -
Title: President
Print Name: Richard T. Liptak, P.E.
By: Ji n B- lid'— —
(Financial Officer)
GFo
Print Name: yJycd �f1 13. Do Ww 1
Attachments: Exhibit A – Request for Extension
f :\users\pbw\shared\agmementslfy 07- 08\dokken -bridge seismic retrofit.doc
February 1, 2008
Mr. Thomas Sandefur
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
RE: Goldenrod and San Diego Creek Bridges Seismic Retrofit
Request for Contract Extension
Dear Mr. Sandefur:
Per our discussion, our current contract requires an extension. Please extend our contract to
December 31, 2009. No changes to our contract scope or budget are requested.
Please call me if you have any questions.
Sincerely,
DO N ENGINEE
W S
Project Manager
attachment
1480- 52/M$/ms
2365 Iron Point Road, Suite 200, Folsom, CA 95630 • Tele: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com
STATE OF CALIFORNIA. BUSINESS,TRAM
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274 -0001
TDD (916) 654 -4014
(916) 654 -3151
Fax(916)653 -7621
December 20, 2005
Mr. Stephen G. Badum
Director of Public Works
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Attn: Mr. Lloyd Dalton, P.E., Design Engineer
Dear Mr. Badum:
AND HOUSING AGENCY
Arnold Schwarzenegger, Govemor
.
File: 12- ORA- 0 -NPTB
STPLZ- 5151(015)
Jamboree Road (L & R) bridges
over San Diego Creek (Br. Nos.
55C -0149 (L & R) and the Goldenro
Enclosed is your fully executed copy of Program Supplement Agreement No. 013 -M1 to Administering Agency -State
Agreement No. 12 -5151 .
Sincerely,
0 WILLIAM J. SANDOVAL, Acting Chief
Office of Project Implementation
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(12) DLAE - Alan Williams
1 lie Wnrgc Der.,)T'
RECEIVED
,JAN 0 5 2006
Public Works Department
City of Newport Beach
• • C- 31;q
PROGRAM SUPPLEMENT NO. M013 Rev. 1
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 12 -5151
Date:November 15,2005
Location: 12- ORA -0-NPTB
Project Number:STPLZ- 5151(015)
H.A. Number: 12-402414
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 05/21/97 and is subject to all the terms and conditions thereof This Program
Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.
aOc I - �t. , approved by the Administering Agency on f _q - v 1 (See copy attached).
The Administering Agency finther stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Jamboree Road (L & R) bridges over San Diego Creek (Br. Nos. 55C -0149 (L & R) and the Goldenrod Avenue pedestrian bridge (Br. No.
55C -0151) over Bayside Drive
TYPE OF WORK: Seismic retrofit LENGTH: O(MILES)
Estimated Coat
Federal Funds
Matching Funds
BMTO $112,000.00
LOCAL
SEIS MATCH
OTHER
$559,000.00
BMYO $257,080.00
$83,800.00
$28,000.00
$0.00
BNAO $78,120.00
BC
I Category
CITY OF NEWPORT BEACH
By
Date
Attest(
Title
.S
I hareby certify upon my personal knowledge
STATE OF CALIFORNIA
Department of Transp 4zJSLi or /�aa,tiion
By Lgii6
Chief, Office of Project Implementation
Division Lf� cal Assissttancee%
Date o" 7r °i a
budgeted funds are available for this encumbrance:
Accounting Officer o
„)�
Date
��
f ��' ��S/
$475,200.00
Chapter
Btatutaa
Item
Year
Program
BC
I Category
Pond Source
AMOUNT
379
2002
2660
-102 -042
2002 -2003
20.30.010.690
C
224060
042 -T
28,000.00
379
2002
2660
- 102 -890
2002 -2003
20.30.010.690
C
224060
892 -F
112,000.00
208
2004
2660
-102 -890
2004 -2005
2030.010.690
C
224060
892 -F
335,200.00
Program Supplement 12- 5151- MO13 -R1 ISTRA Page 1 of 6
12- ORA- 0-NPTB 11/15/2005
STPLZ - 5151(015)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
3. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
4. The,ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A -133 if it receives
a total of $500,000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20.205,
Highway Planning & Research. OMB A -133 superseded OMB A -128 in
1996. A reference to OMB A -128 in a Master Agreement (if any) is
superseded by this covenant to conform to OMB A -133.
5. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal -Aid Project
Authorization /Agreement or Amendment /Modification (E -76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
6. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. A copy of the award package shall also
be included with the submittal of the ADMINISTERING AGENCY'S
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
Program Supplement 12- 5151- M013 -R1 ISTEA Page 2 of 6
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P. O. Box 942874
Sacramento, CA 94274 -0001
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual
and LPP 01 -06.
7. STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
S. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
9. The ADMINISTERING AGENCY will be responsible for developing the
structural and non - structural plans, specifications and
estimates(PS &E) and will be responsible for preparation of the
contract documents for advertisement, award and administration of
this project.
10.The ADMINISTERING AGENCY agrees to use local funds to match that
portion of the work not eligible for match under The State
Seismic Program.
11.State Seismic funds will provide the match to Federal Funds, as
well as ADMINISTERING AGENCY overhead costs, relating to seismic
project development.
12.Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five (5) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
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these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
13. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING
AGENCY nor its principals are suspended or debarred at the time
of the execution of this agreement. ADMINISTERING AGENCY agrees
that it will notify the STATE immediately, in the event a
suspension or a debarment happened after the execution of this
agreement."
14. The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT - assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency shall take all necessary and reasonable steps under 49 CFE
Part 26 to ensure nondiscrimination in the award and
administration of DOT - assisted contracts. The Administering
Agency's DBE Program, as required by 49 CFE Part 26 and as
approved by Caltrans, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation
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and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recepient
of its failure to carry out its approved program, Caltrans may
impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986
(31 U.S.C. 3801 es seq.).
15. Billing Cycle
ADMINISTERING AGENCY agrees to submit invoices in arrears for
reimbursement of participating PROJECT costs at least once every
six months commencing after the funds are encumbered for each
phase by the execution of this PROJECT PROGRAM SUPPLEMENT or by
STATE's future approval of an applicable Finance Letter. The
total of all invoiced amounts claimed, plus any required matching
funds, must not exceed the actual total cost allowable under this
PROGRAM SUPPLEMENT for all authorized and completed PROJECT
engineering work, right of way acquisition, and construction.
If no coats have been invoiced for a six -month period,
ADMINISTERING AGENCY shall submit a written explanation (with
target billing date and target billing amount) of the absence of
PROJECT activity.
Should ADMINSTERING AGENCY fail to invoice for participating
PROJECT costs incurred (including a written explanation when no
invoice is submitted) within one year of the issuance of the
PROJECT authorization to proceed by STATE or from the next
invoice due date following the last PROJECT invoice, STATE may
de- obligate and reassign to another party any unexpended Federal
funds without notice to ADMINSTERING AGENCY. STATE may also not
process any future request for authorization to proceed submitted
by the ADMINSTERING AGENCY.
Final Billing
ADMINISTERING AGENCY agrees that it shall submit the Final
Invoice and Final Detail Estimate within 180 days of PROJECT
completion. ADMINISTERING AGENCY's failure to submit these
documents will result in sanctions imposed upon ADMINISTERING
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AGENCY by STATE in accordance with Chapter 17.6, "Consequences
For Non - Compliance ", of the Local Assistance Procedures Manual.
De- obligate Federal Funds for Construction Phase
ADMINISTERING AGENCY agrees that if the estimated PROJECT
construction cost is less than the_ob.Jjg4ted amount for,
construction by more than $50,000, that excess amount of federal
funds initially obligated.-i.s subjaat- 'td-de= obligation by STATE
once the project has been awarded by ADMINSTERING AGENCY.
Program Supplement 12- 5151- M013 -R1 ISTRA Page 6 of 6
PROFESSIONAL SERVICES AGREEMENT WITH
DOKKEN ENGINEERING
FOR BRIDGE SEISMIC RETROFIT
THIS AGREEMENT is made and entered into as of this qvh day of Oc holoer
200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and DOKKEN ENGINEERING, a corporation whose address is 11171 Sun
Center Drive, Suite 250, Rancho Cordova, California, 95670 -6113 ( "Consultant "), and
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 seismically retrofit the Jamboree Road bridges over San
Diego Creek and the Goldenrod Avenue pedestrian bridge over, Bayside Drive.
C. City desires to engage Consultant to provide preliminary engineering and
construction support services ( "Project') for the seismic retrofit.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
'E. The principal member of Consultant for purposes of Project shall be Matthew W.
Salveson, PE.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth 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 above written date, and shall
terminate on the first day of January, 2007, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement.
Consultant's services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the services in a diligent and
timely manner may result in termination of this.Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
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.
4. COMPENSATION TO CONSULTANT; CONTINGENT FEES
City shall pay Consultant for the services in accordance with the provisions of
this Section and the Cost Proposal attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items
and subconsultant fees, shall not exceed Two Hundred Seventy Eight
Thousand, Eight Hundred Forty Eight and no1100 Dollars ($278,848.00)
without additional authorization from City. Direct labor rates shall not be
changed during the term of this Agreement without the prior written approval of
City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the
names and hourly rates of the persons who performed the work,
descriptions of the specific tasks in the Scope of Services to which the
work relates, the dates the services were performed, the numbers of
hours spent on the tasks, and descriptions of other costs. City shall pay
Consultant no later than thirty (30) days after approval of the monthly
invoice by City staff.
4.2 City shall reimburse Consultant only for those costs specifically approved
in this Agreement, or specifically approved in advance by City. Federal
Acquisition Regulations in Title 48, CFR 31 are the governing factors
regarding allowable elements of cost. Unless otherwise approved, such
costs shall be limited and include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subcontractors for performance of any of the
services that Consultant agrees to render pursuant to this
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Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved other costs.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City.. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the hourly rates as
set forth in Exhibit B.
4.4 Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working for Consultant, to solicit
or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or formation of this
Agreement. For breach or violation of this warranty, City shall have the
right to annul this Agreement without liability, or at City's discretion,
deduct from Consultant's compensation, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
4.5 Consultant shall use Contract Cost Principles and Procedures, 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31 et seq, to
determine the allowability of individual items of cost. Consultant shall also
comply with Federal procedures in accordance with 49 CFR, Part 18,
Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments. Costs for which payment
has been made to Consultant that are determined by subsequent audit to
be unallowable under 48 CFR Federal Acquisition Regulations System,
Chapter 1, Part 31 et seq. or 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments are subject to repayment by Consultant to City. All
subcontracts in excess of $25,000 entered into as a result of this
Agreement shall contain the provisions of this paragraph.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Matthew W.
Salveson, PE, to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to Project without the prior written consent of City.
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City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall re
personnel assigned to the performance of services
Consultant warrants that it will continuously furnish
complete Project on a timely basis as contemplated
ADMINISTRATION
move from Project any of its
upon written request of City.
the necessary personnel to
by this Agreement.
This Agreement will be administered by the Public Works Department. Lloyd
Dalton, PE, shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one gratis copy of all
existing relevant information on file at City. City will provide all such
materials in a .timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and copy services through City's reproduction
company for bid documents. All other reproduction will be the
responsibility of Consultant as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
STANDARD OF CARE
8.1 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 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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
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approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 Consultant shall perform all work in accordance with highway design
standards adopted and promulgated by the State of California Department
of Transportation and the Federal Highway Administration.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and/or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on Project (including the negligent and /or willful acts, errors and/or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or 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
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Agreement. Nothing in this Agreement shall be deemed to constitute approval
for 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 means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with Consultant
on Project.
CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's 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.
PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his duly
authorized designee informed on a regular basis regarding the status and
progress of Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
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assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by City's Risk
Manager.
D. Coverage Requirements.
I. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain 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).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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L City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: the sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
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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.
16. SUBCONTRACTING
City and Consultant agree that subcontractors may be used to complete the work
outlined in the Scope of Services. The subcontractors authorized by City to
perform work on Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor, nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
Subcontracts exceeding $25,000 in cost shall contain all of the required provisions
of this Agreement. COnsultant shall give consideration to Disadvantaged
Business Enterprise firms as specified in 23 CFR 172.5(e) and Appendix A to Part
26 of 49 CFR. Consultant shall provide evidence of "good faith" effort, if requested
by City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request. Basic
survey notes and sketches, charts, computations and other data prepared or
obtained under this Agreement shall be made available upon request to City
without restriction or limitation on their use.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived 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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar
sheets with a minimum thickness of three mils. Consultant shall provide to City
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'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final
sheets within ninety (90) days after finalization of Project. For more detailed
requirements, a copy of the City of Newport Beach Standard Design
Requirements is available from City's Public Works Department.
COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for 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 Project, for the completion of Project by
others, or for any other project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
City's digital submission requirements for Improvement Plans. City will provide
AutoCAD file of City Title Sheets. All written documents shall be transmitted to
City in City's latest adopted version of Microsoft Word and Excel.
CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be, kept
confidential unless City authorizes in writing the release of information.
OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents its
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.
INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all 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.
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 and
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any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. 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 to Consultant under this
Agreement.
For the purpose of determining compliance with Public Contract Code Section
10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section
2500 et seq., when applicable, and other matters connected with the
performance of this Agreement pursuant to Government Code Section 8546.7,
Consultant and its subconsultants shall maintain books, documents, accounting
records and other evidence pertaining to the performance of Agreement,
including but not limited to, the costs of administering Agreement. Parties shall
make such materials available at their respective offices at all reasonable times
during the term of Agreement and for three years from the date of final payment
under.Agreement. State of California Auditor, Federal Highway Administrator or-
any duly authorized representative of the Federal government having jurisfiction.
under Federal laws or regulations (including the basis of Federal funding in
whole or in part) shall have access to Consultant's books, records and
documents that are pertinent to Agreement for audits, examinations, excerpts
and transactions, and copies thereof shall be furnished if requested.
23. WITHHOLDINGS
City may withhold payment to Consultant 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 as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his designee with
respect to such disputed sums. Consultant shall be entitled to receive interest on
any withheld sums at the rate of return that City earned on its investments during
the time period, from the date of withholding of any amounts found to have been
improperly withheld.
24. 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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
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.
25, CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
26. CONFLICTS OF INTEREST
11
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 any 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.
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 immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant 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:
Attn: Lloyd Dalton, PE
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3328
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Matthew W. Salveson, PE
Dokken Engineering
11171 Sun Center Drive,-Suite 250
Rancho Cordova, CA 95670 -6113
Phone: 916- 858 -0642
Fax: 916- 858 -0643
12
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable city,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. 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 herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
13
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This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
K M"al
-0
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newpo each
DOKKEN ENGINEERING:
By:
Richard T. Liptak, P.E.
President
Attachments: Exhibit A — Scope of Services
Exhibit B — Cost Proposal
f: \users\pbw\sbared \agreements \ty 04 -05\dokken -bridge seismic retrofit.doc
14
EXHIBIT A
DOKKEN
E N G I N E E R I N G
ww. A� kke n e n g i nee rin�.cem
August 12, 2004
Mr. Lloyd Dalton, P.E.
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
RE: Seismic Retrofit of Goldenrod POC and San Diego Creek Bridges
Proposal for Engineering Services
Dear Mr. Dalton,
Please find attached our proposal to provide professional engineering services for
the design of seismic retrofit improvements to the Goldenrod POC and San Diego
Creek bridges. Our proposed services include the optional tasks of designing
either the retrofit or replacement of the Grand Canal bridge. We have also
included an optional task to provide full construction management services for all
of these bridges. We. have not provided fees or detailed work scopes for the
optional tasks, as'the exact nature of the construction management, services will
not be determined before.the completion of the environmental documentation and
permitting. The scope of work for the Grand Canal bridge structure will, of course,
vary substantially depending on whether the structure is retrofitted or replaced.
Mr. Matthew W. Salveson, P.E., will be the project manager for this work and will
be the City's main point-of contact. Mr. Salveson has managed and designed
numerous bridge seismic retrofit projects, including three bridges in Newport
Beach. He has also been responsible for the construction management of 18
seismic retrofit projects. He will be assisted by key engineer staff with extensive
HBRR seismic retrofit experience. Our subconsultants include Mr..King Thomas
of LSA Associates. Mr. Thomas is a resident of Newport Beach and is very
familiar with the local environmental constraints and challenges. Mr. Gary Parikh
of Padkh Consultants (DBE), will provide geotechnical design services. Both
subconsultants have a long history of completing successful transportation
projects with Dokken Engineering. An organizational chart is attached. Detailed
resumes of key staff can be provided at the City's request.
I have attached a detailed cost proposal, including anticipated manhours and
budget for each task and subtask. The loaded rates shown on the cost proposal
are calculated based upon our Caltrans audited loaded rates. We propose to
provide these services on an hourly- not -to- exceed basis. I have also attached a
copy of our current rate schedule.
11171 SUN CENTER DRIVE, SUITE 250 a RANCHO CORDWA, CA 95670-6113
TEL: 916 -B58 -0642 Fm: 916- 858.0643
- '®DOKKEN
E N G I N E E R I N G
wA okkenengi ne c ri ng.com
The project schedule will be dictated by the environmental documentation and
permitting. We expect to obtain FHWA and Caltrans approval of the
environmental documentation within 12 months of project initiation.
Environmental permitting will then require an additional three to six months. An
approved PS &E package can be completed within three months of approval of the
environmental documents. We will provide a detailed CPM schedule for your
review and approval as a first order of work on this project.
Thank you for your invitation to propose on this project. We are excited about this
work and can begin immediately.
Please call me at (916) 858 -0642 if you have any questions.
Sincerely,
Matthew W. Iveson, P.E.
Project Manager
attachments
11171 SUN CENTER DRIVE, SURE 250 • RmcC o CosoovA. CA 95670 -6113
TEC 916.656 -0642 FAx:916-656 -0643
•
SCOPE OF WORK - Table of Contents Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
SCOPE OF SERVICES
Table of Contents
TASK 1.0 PROJECT MANAGEMENT ..................................................................... ..............................1
Task1.1
Project Management .............................................................................. ..............................1
Task 1.2
Project Delivery Team Meetings .............................................................. ..............................1
Task 1.3
Community Outreach ............................................................................. ..............................2
Task1.4
HBRR Program Support .......................................................................... ..............................2
Task1.5
Quality Control ..................................................................................... ..............................2
TASK 2.0
ENVIRONMENTAL ANALYSES: SAN DIEGO CREEK BRIDGES ............... ..............................3
Task 2.1
Project Initiation ................................................................................... ..............................3
Task2.2
Technical Reports .................................................................................. ..............................3
Task 2.3
Section 4(f) Evaluation .......................................................................... ..............................4
Task2.4
Air Quality ............................................................................................ ..............................4
Task2.5
Cultural Resources ................................................................................ ..............................4
Task 2.6
Draft Categorical Exemption ( CE) ............................................................ ..............................5
Task 2.7
Final Categorical Exemptlon (CE) ............................................................ ..............................5
Task 2.8
NEPA Categorical Exclusion .................................................................... ..............................6
TASK 3.0
PERMITTING: SAN DIEGO CREEK BRIDGES ....................................... ..............................7
Task3.1
Geotechnical Borings ............................................................................. ..............................7
Task3.2
Environmental Permits ........................................................................... ..............................7
Task3.3
Mitigation Plan ...................................................................................... ..............................8
TASK 4.0
ENVIRONMENTAL ANALYSES: GOLDENROD PEDESTRIAN OVERCROSSING
......................9
Task4.1
Project Initiation ................................................................................... ..............................9
Task4.2
Technical Reports .................................................................................. ..............................9
Task 4.3
Section 4(f) Evaluation ......................................................................... .............................10
Task4.4
Air Quality ............:.............................................................................. .............................10
Task4.5
Cultural Resources ............................................................................... .............................10
Task 4.6
Draft Categorical Exemption ( CE) ........................................................... .............................11
Task 4.7
Final Categorical Exemption (CE) ........................................................... .............................11
Task 4.8
NEPA Categorical Exclusion ................................................................... .............................11
TASK5.0
DESIGN ............................................................................................. .............................12
Task 5.1
Geotechnical Investigation .................................................................. ...............................
12
Task 5.2
Plans, Specifications & Estimate ( PS& E) .................................................. .............................12
TASK 6.0
BIDDING ASSISTANCE ...................................................................... .............................is
TASK 7.0 CONSTRUCTION ASSISTANCE ........................................................... .............................is
TASK 8.0 CONSTRUCTION MANAGEMENT ( OPTIONAL) ..................................... .............................is
TASK 9.0 GRAND CANAL BRIDGE DESIGN ( OPTIONAL) .................................... .............................is
9
SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
TASK 1.0 PR03ECT MANAGEMENT
Dokken Engineering Project Management includes regular in- person meetings, presentation of work products,
development and monitoring of action items, progress reports, work progress monitoring, budget monitoring,
coordination and communication.
The Dokken Engineering Project Manager will work closely with the City Project Manager and continuously inform
the City Project Manager of all project activities. The duration of the project management effort is expected to be
continuous through completion of the job.
Task 1.1 Project Management
Coordination - Close contact will be maintained among the Project Manager, all subconsultants, the City Project
Manager, and regulatory agencies. The Project Manager will act as the principal liaison between the City of Newport
Beach and our staff at Dokken Engineering.
Communication - Effective communication through in- person visits, focused meetings, telephone calls and a -mails
to the City will be performed to discuss specific project issues. Regular communication with team members, the
City and other agency personnel will be facilitated through the Project Manager.
Progress Reports will be submitted monthly to the City of Newport Beach. These reports will include updated
project schedule, a discussion of issues /decisions, recommendations to address issues, budget status, and
anticipated work for the following month. The progress report will be e- mailed to the City Project Manager on the
last day of the month and will be submitted with the monthly invoice. Dokken Engineering's Project Manager is
responsible for maintaining cost control for each task, including our subconsultants.
Dokken Engineering will provide and maintain a detailed Milestone Schedule and Microsoft Project Schedule. The
Milestone Schedule is a simple one page schedule to assist in project communication. In addition, a comprehensive
schedule using Microsoft Project will be prepared that will identify each task and deliverable for the project. Dokken
Engineering's Project Manager will closely monitor the schedule and bring any deviations to the attention of the City
Project Manager.
Deliverables - Task 1.1
• Monthly Progress Report and Invoice
• Milestone Schedule
• Microsoft Project Schedule
Task 1.2 Project Delivery Team Meetings
A Project "Kick -off" Meeting will be held following the Notice to Proceed. This meeting will include representatives
from the City of Newport Beach, Dokken Engineering, subconsultants and other involved agencies. The primary
meeting objectives will be to present the project, its goals, review the project scope and action item list, explain the
project schedule, and identify key project issues.
Monthly Project Delivery Team (PDT) Meetings will be held with City staff and other representatives, as necessary,
to discuss project issues and work progress. Status meetings will be held at the City offices. Dokken Engineering
will prepare the meeting agenda in consultation with the City Project Manager, distribute the agenda one week prior
to the meeting, arrange for appropriate participants to attend, and prepare and distribute the meeting notes to the
participants within five working days after the meeting. All items that appear on the project schedule are included
in an "Action Item List" prepared atth a beginning of the project. The list shows the work item, the date it is due,
who is responsible for the task, and the date it was completed. The Action Item List is reviewed and updated at
every status meeting.
Deliverables - Task 1.2
• Meeting Agendas
• Meeting Minutes
• Action Item Lists
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 1.3 Community Outreach
Public outreach and involvement will play a significant role in development of this project. Public outreach activities
will be performed to ensure the public is informed and given an opportunity to provide input on the project.
Dokken Engineering will provide the City with all needed support for meetings with the public and elected
representatives.
Dokken Engineering will prepare necessary graphics to convey to the public the major design features of the project
and the area Impacted by the construction. Graphics will include large scale plots which will show project limits and
traffic staging overlaid on an aerial photograph. In addition, Dokken Engineering will develop renderings showing
the proposed finished conditions of the project sites.
Deliverables - Task 1.3
• Meeting Exhibits
Renderings
Task 1.4 HBRR Program Support
Dokken Engineering will prepare all documents required by the Local Assistance Procedure Manual for the City of
Newport Beach. This includes the Requests for Authorization (RFA) for Right of Way and Construction and an
Exhibit 6 -D, if necessary. In addition, the Utility and Right of Way Certifications will be completed and provided to
the City for signature. All paperwork required for the City will be prepared by Dokken Engineering. In addition,
once the paperwork is submitted, Dokken Engineering will maintain and coordinate the status of each request with
Caltrans District 12 to make certain no delays occur.
Deliverables - Task 1.4
• RFA Right of Way
• RFA Construction
• Updated Finance Letters and Exhibit 6 -D
• Utility Certification
• Right of Way Certification
Task 1.5 Quality Control
John Bishop from Dokken Engineering will be the Quality Assurance Engineer for this project. The QA Engineer will
perform a quality review of all project deliverable items. This includes all products prepared by our subconsultants.
In addition, the Project Manager will be responsible for the Quality Control for all products submitted to the City.
This two tier QA /QC level of effort ensures a high quality product.
Each submittal to the City will be accompanied by a transmittal memo. Any review comments received are
summarized and a Dokken Engineering response is prepared and the required corrections made. Each and every
comment will be addressed and the required corrections will be made.
As the plans are approaching their final completion level, the Dokken Engineering Team will walk the project site
and field verify that the plans are constructible and ensure the latest field conditions are incorporated.
Page 2
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
TASK 2.0 ENVIRONMENTAL ANALYSES: SAN DIEGO CREEK BRIDGES
Task 2.1 Project Initiation
Prior to the kick -off meeting, LSA Associates will review existing information and prepare adraf t Preliminary
Environmental Study (PES) form per Caltrans Local Assistance Guidelines. The draft PES form will be discussed and
finalized at the kick - off/fleld meeting. The final PES form approved by Caltrans will define the environmental scope
of services including the technical studies and the level of the environmental document for the project.
Task 2.2 Technical Reports
LSA Associates will prepare the following technical reports for the project in support of the CE /CE:
Task 2.2.1 Noise Impact Analysis
LSA Associates will prepare a noise impact analysis per City and Caltrans guidelines and requirements. The
technical study will present a description of the existing land uses, existing noise levels, and applicable Federal,
State ( Caltrans), and City of Newport Beach guidelines, ordinances, and regulations.
Sample measurements of ambient noise will be performed by an acoustical specialist to document the existing
noise environment. The measured existing ambient noise levels will be used to assess whether a substantial
increase in noise level with project implementation would occur per Caltrans criteria. Short-term noise
measurements will be recorded at up to four (4) locations using noise level analysis /monitors to characterize
the motor vehicular noise environment. The appendix will include a presentation of noise fundamentals.
The proposed project is a retrofit project that will not significantly alter the horizontal or vertical alignments of
the roadway. Therefore, the proposed bridge improvements would not affect vehicular traffic. No traffic-
related noise impact would be evaluated.
Construction noise Impacts from stationary and mobile equipment, such as pile driving or trucks, will be
addressed. Noise and its impacts will be discussed. Noise abatement measures designed to reduce noise
impacts to acceptable noise levels will be identified where necessary.
Task 2.2.2 Hazardous Waste Initial Site Assessment (ISA)
LSA Associates will prepare an ISA in accordance with Caltrans guidelines and in general accordance with the
American Society of Testing and Materials (ASTM) Designation E 1597 -00, Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process. The following tasks will be conducted as
part of this evaluation:
• LSA Associates will conduct an agency records database search to identify hazardous waste sites located
within the ASTM radius of the project site and classified as hazardous waste under State law. The
records search will also identify business types located within the ASTM radius that store, transfer, or
utilize large quantities of hazardous materials. This information will be obtained from records
maintained by Federal, State and local agencies. LSA Associates will utilize a database service to
perform this search.
• Historic land use Information for the Area of Potential Effects (APE) will be reviewed to determine
whether previous uses in the project area may have resulted In hazardous waste contamination. This
information includes historic aerial photographs, historic USGS maps, Sanborn Fire Insurance Maps, Oil
and Gas maps, available groundwater depth /flow data, City directories, County Assessor's data, and
building permits.
• LSA Associates will conduct a visual survey of the APE via public right -of -way to identify any obvious
area of hazardous waste contamination. Access to private property or City right -of -way shall be
provided by the Lead Agency.
• If hazardous waste sites are identified within the APE (via governmental records and /or the visual
survey), LSA Associates will review available public records at the appropriate oversight agency to
determine the potential impact to the project.
• LSA Associates will prepare a report that presents findings and recommendations based on the site
survey and historical records review.
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 2.2.3 Biological Studies
A list of sensitive species that may be present in the project area will be compiled from the California Natural
Diversity Data Base and the California Native Plant Society electronic inventory. A letter requesting a list of
federally listed species potentially occurring within the project area will be sent to the United States Fish and
Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration Fisheries (NOAA fisheries). In
addition, LSA Associates will review the information for designated critical habitat and determine if the proposed
project will impact critical habitat. Field surveys will be conducted to assess the likelihood of these sensitive
species occurring on the project site and to identify other species and habitats within the project boundaries,
including surveys for sensitive marine biological resources by a qualified marine biologist.
In order to perform the biological work efficiently, these surveys should be done during the spring flowering
period for the sensitive plant species that may occur in the project vicinity. The need for any focused
assessments of particular resources (e.g., an endangered species survey according to USFWS Protocol), whlch
are not included in this proposal, will also be Identified. During the field surveys, areas that may be subject to
the U.S. Army Corps of Engineers (Corps) and /or California Department of Fish and Game (CDFG), as waters of
the U.S. or waters of the State, will be delineated and mapped using Geographic Information System (GIS)
technology.
Please note that while the invasive algae (Caulerpa taxifolia) do not currently grow in Newport Bay, agencies
are now requiring surveys for the invasive algae prior to and following project implementation where disturbing
activities (e.g., dredging, pile installation /removal) have a potential to spread this fast growing nuisance
species. An initial invasive algae survey will be conducted at the same time of the proposed marine resources
survey and the results . will be included in the report. In addition, agencies mandate that pre - construction
surveys be conducted to ensure that this species is not present at the time of the project. Therefore,
surveillance -level surveys must be completed no more than 90 days prior to beginning construction activities for
the bridge retrofit project and the geotechnical borings, and no less than 30 days prior to beginning these
activities. Pre - construction surveys for invasive algae will be conducted on the project site for the area under
the bridge and within 30 feet of each side of the bridge. If surveys are required for a larger area, the scope and
budget may need to be modified accordingly.
The information collected during the above tasks will be utilized to complete the background information for
permit applications, as well as CEQA /NEPA documents. A delineation report identifying the jurisdictional areas
within the project area will be prepared and submitted to the Corps and the CDFG for verification of the
jurisdictional boundaries within the project area prior to submitting the permit applications. Prior to submitting
the delineation report to the resource agencies, a draft copy of the report will be submitted to Dokken
Engineering for review. As federal funds will be used for this project, the report will be in the format of a
Natural Environment Study (NES) report, according to Caltrans guidelines and procedures.
Task 2.3 Section 4(f) Evaluation
The San Diego Creek bicycle trail crosses under the Jamboree Road bridges over San Diego Creek. The bicycle trail
will be used for temporary access to the bridges during construction of the project. Section 4(f) prohibits the use of
land from a publicly owned park, or recreational area by a federally funded transportation project unless certain
determinations can be made. As a publicly owned recreation area, the bicycle trail falls under the requirements of
Section 4(f) of the Department of Transportation Act (49 U.S.C. 303) of 1966. This project meets the criteria for a
Programmatic Section 4(f) Evaluation. Therefore, in compliance with Section 4(f), LSA Associates will prepare a
Programmatic Section 4(f) Evaluation for review and approval by Caltrans / FHWA to address temporary impacts to
the bicycle trail.
Task 2.4 Air Quality
The proposed project is a retrofit project that will improve the safety of the existing bridge. Therefore, per Table 2
of 40 CFR 93.134, the proposed project is exempt from all emissions analyses. No air quality analysis is required.
Task 2.5 Cultural Resources
Task 2.5.1 Native American Consultation
LSA Associates will conduct Native American consultation with entities whose names will be provided by the
Native American Heritage Commission.
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 2.5.2 Area of Potential Effects Map
LSA Associates will develop an Area of Potential Effects (APE) Map.
Task 2.5.3 Records Search
An archaeological and historical records review and literature search will be conducted through the South
Central Coastal Information Center of the California Historic Resources Information System (CHRIS). The
objective is: (1) to establish the status and extent of previously recorded sites, surveys, and excavations in the
APE, and (2) to note what site types might be expected to occur within the proposed APE.
Task 2.5.4 Archeological Survey
Based on the records search, a systematic on -site pedestrian survey will be conducted to determine the
presence of archeological resources on previously unsurveyed property. Previously recorded sites within the
APE will be field checked, and existing site records will be updated consistent with the guidelines established by
the State Office of Historic Preservation (OHP).
Task 2.5.5 Architectural Survey
An architectural survey will be conducted to: (1) determine the presence of buildings within the area of effect,
and (2) record those that require historic evaluation.
Task 2.5.6 Reports
Depending on -the resultsof the archaeological and architectural surveys, various reports wili.be completed.
Following is a description of the reports LSA Associates anticipates the need to complete for this project.
• Historic Property Survey Report (HPSR). This cover document for all cultural reports will be
completed. It is anticipated that both archaeological and architectural findings will be negative.
Therefore, this proposal is based on completing a negative HPSR.
• Archaeological Survey, Report (ASR). Following the archaeological survey, an ASR will be
completed. This report will discuss the findings of the records search and survey. It is anticipated that
archaeological findings will be negative.
Task 2.6 Draft Categorical Exemption (CE)
Based on the project being constructed primarily within existing City right -of -way (minor or no right -of -way
acquisitions required), requiring only minor alterations to existing street widths and not adding additional traffic
capacity (no new through traffic lanes), it is anticipated that the project can be covered under a CE for CEQA
(CEQA Guidelines Section 15301(c)). LSA Associates will prepare a CE for the project using standard City forms.
To conduct this task, LSA Associates will utilize preliminary geometric plans prepared by Dokken Engineering,
right -of -way maps and data from the City and /or other sources, as well as knowledge gained from the initial site
visit and information from any prior studies (if available) for recent projects in the area. The CE will address the
environmental topics determined to apply to the proposed project and provide sufficient discussion to indicate that
no significant environmental impacts would result from project implementation. Information from the technical
studies will be incorporated into the CE determination.
Task 2.7 Final Categorical Exemption (CE)
The Draft CE will be revised, if necessary, per comments received from the City. The Final CE will consist of the
revised Draft CE and the technical reports prepared for the project. LSA Associates will provide the City a master
copy of the document for City approval. Following approval of the Final CE, LSA Associates will file the CE with the
County Clerk's office and the State Office of Planning and Research, where it will be posted for a period of 30 days.
Page 5
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 2.8 NEPA Categorical Exclusion
Following approval of the technical studies by the City and Caltrans, LSA Associates will prepare a Categorical
Exclusion per NEPA requirements. The Categorical Exclusion, consisting of the approved CEQA CE and technical
study backup, will be submitted for approval by Caltrans and FHWA.
Deliverables - Tasks 2.1 - Task 2.8
• Preliminary Engineering Survey (PES)
• Noise Impact Analysis
• Hazardous Waste Initial Site Assessment (ISA)
• Natural Environment Study (NES)
• Programmatic Section 4(f) Evaluation
• APE Map
• Historic Property Survey Report (HPSR)
• Archaeological Survey Report (ASR)
• Draft and Final Categorical Exemption (CE)
Page 6
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
TASK 3.0 PERMITTING: SAN DIEGO CREEK BRIDGES
Task 3.1 Geotechnical Borings
Geotechnical investigations are required on this site in order to determine the soil stratigraphy and subsurface
conditions, and to collect soil samples. Some of the geotechnical borings will occur within the channel beneath the
existing crossing. The work is covered by NWP No. 6, which authorizes survey activities and allows discharges
associated with the temporary placement of structures necessary to complete a geotechnical investigation. This
nationwide permit is pre - certified by the Regional Water Quality Control Board (RWQCB) and as such, is subject to
the notification requirements by the RWQCB. However, to qualify for this nationwide permit, the activity must
comply with the nationwide permit general conditions, including obtaining a coastal zone consistency concurrence
from the California Coastal Commission. In addition, for any construction activities within astrea m, such as
San Diego Creek, a California Department of Fish and Game Streambed Alteration Agreement will be required. The
application fee associated with the application for the Streambed Alteration Agreement cannot be determined until
the new fee schedule has been approved. The fee for a Streambed Alteration Agreement under the previous fee
schedule was approximately $13,000. It is assumed that the City will pay this fee directly.
For this task, LSA Associates will prepare a letter to the California Coastal Commission requesting exemption from a
Coastal Development Permit and a coastal consistency analysis for the geotechnical borings. LSA Associateswill
prepare a letter to the Coast Guard requesting a waiver under Section 9 of the Rivers and Harbors Act, along with
notification of impacts to navigation. In addition, notification of the proposed geotechnical boring activities will be
submitted to the RWQCB and the Corps. These letters will include details of environmental impacts
Task 3.2 Environmental Permits
The permits listed below will be required for construction of the proposed bridge retrofit
• Section 404 (Clean Water Act) permit from the Corps for dredge or fill material (including pilings) in the
San Diego Creek /Newport Back Bay. The project should be eligible for a nationwide permit.
Section 401 (Clean Water Act) certification from the RWQCB.
• Section 9 (Rivers and Harbors Act) permit from the U.S. Coast Guard for bridge construction in
navigable waters.
• Coastal Development Permit pursuant to the California Coastal Act of 1976.
If the project affects listed species or designated critical habitat, additional authorizations may be required from the
USFWS or NOAA Fisheries. The scope of services for the permits listed above is described in further detail below.
Federal. LSA Associates will conduct a jurisdictional delineation to determine whether the project will impact
waters subject to Corps jurisdiction. After the delineation report has been reviewed and accepted by the resources
agencies, the report will be used to quantify the impacts to jurisdictional waters by the proposed construction
activities associated withth a bridge retrofit. This Information will be used to prepare the appropriate NWP
documentation for submittal to the Corps and request a Section 401 Water Quality Certification to the Regional
RWQCB. In addition, LSA Associates will prepare a letter to the Coast Guard requesting a waiver under Section 9 of
the Rivers and Harbors Act, along with a notification of impacts to navigation. This scope is based on one or more
nationwide permits that may be required for the construction activities associated with the bridge retrofit, but the
exact nationwide permit cannot be determined until final construction details have been completed. However, to
qualify for a nationwide permit, the proposed activity must obtain an individual state coastal zone management
consistency or waiver. Therefore, LSA Associates will submit an application for a Coastal Development Permit
(CDP) from the California Coastal Commission (CCC). The CCC requires that a mailing list, along with addressed
and stamped envelopes, for all owners and applicants within a 100 foot radius (not including the area within road
right of way) of the proposed project is included in the application. It is assumed that the City will pay the filing fee
for the CDP and the Section 401 notification directly. The size of these fees will be determined by the specific
impacts identified.
State. LSA Associates will prepare a Notice of Streambed Alteration for the California Department of Fish and
Game under Section 1602 of the California Fish and Game Code. It is assumed that the City will pay the filing fee
directly. According to the previous fee schedule, the filing fee for a streambed alteration agreement was
approximately $13,000.
Page 7
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 3.3 Mitigation Plan
LSA Associates will prepare conceptual on -site mitigation measures in the vicinity of the project, with mitigation
consisting primarily of removal of exotic vegetation and enhancement or revegetation of the mitigation area(s) with
native vegetation. Based upon the results of the marine resources field surveys, and identified project impacts on
marine resources, Best Management Practices (BMPs) and construction minimization measures will be identified to
ensure that marine resources in the vicinity of the bridge retrofitting areas are protected.
Deliverables - Tasks 3.1 - 3.3
• Coastal Commission letter
• Coast Guard letter
• Section 404 (Clean Water Act) Permit
• Section 401 (Clean Water Act) Certification
• Section 9 (Rivers and Harbors Act) Permit
• Coastal Development Permit
Page 8
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
TASK 4.0 ENVIRONMENTAL ANALYSES: GOLDENROD PEDESTRIAN
Task 4.1 Project Initiation
Prior to the kick -off meeting, LSA Associates will review existing information and prepare adraf t Preliminary
Environmental Study (PES) form per Caltrans Local Assistance Guidelines. The draft PES form will be discussed and
finalized at the kick - off /field meeting. The final PES form approved by Caltrans will define the environmental scope
of services including the technical studies and the level of the environmental document for the project.
Task 4.2 Technical Reports
LSA Associates will prepare the following technical reports for the project in support of the CE /CE:
Task4.2.1 Noise Impact Analysis
LSA Associates will prepare a noise impact analysis per City and Caltrans guidelines and requirements. The
technical study will present a description of the existing land uses, existing noise levels, and applicable Federal,
State ( Caltrans), and City of Newport Beach guidelines, ordinances, and regulations.
Sample measurements of ambient noise will be performed by an acoustical specialist to document the existing
noise environment. The measured existing ambient noise levels will be used to assess whether a substantial
increase in noise level with project implementation would occur per Caltrans criteria. Short-term noise
measurements will be recorded at up to four (4) locations using noise level analysis /monitors to characterize
the motor vehicular noise environment. The appendix will include a presentation of noise fundamentals.
Because the proposed bridge improvements would not affect vehicular traffic, no traffic- related noise impact
would be evaluated.
Construction noise impacts from stationary and mobile equipment will be addressed. Noise and its impacts will
be discussed. Noise abatement measures designed to reduce noise Impacts to acceptable noise levels will be
identified where necessary.
Task 4.2.2 Hazardous Waste Initial Site Assessment (ISA)
LSA Associates will prepare an ISA in accordance with Caltrans guidelines and in general accordance with the
American Society of Testing and Materials (ASTM) Designation E 1597 -00, Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process. The following tasks will be conducted as
part of this evaluation:
• LSA Associates will conduct an agency records database search to identify hazardous waste sites located
within the ASTM radius of the project site and classified as hazardous waste under State law. The
records search will also identify business types located within the ASTM radius that store, transfer, or
utilize large quantities of hazardous materials. This information will be obtained from records
maintained by Federal, State and local agencies. LSA Associates will utilize a database service to
perform this search.
• Historic land use information for the Area of Potential Effects (APE) will be reviewed to determine
whether previous uses in the project area may have resulted in hazardous waste contamination. This
information includes historic aerial photographs, historic USGS maps, Sanborn Fire Insurance Maps,
Oil and Gas maps, available groundwater depth /Flow data, City directories, County Assessor's data, and
building permits.
• LSA Associates will conduct a visual survey of the APE via public right -of -way to identify any obvious
area of hazardous waste contamination. Access to private property or City right -of -way shall be
provided by the Lead Agency.
• If hazardous waste sites are identified within the APE (via governmental records and /or the visual
survey), LSA Associates will review available public records at the appropriate oversight agency to
determine the potential impact to the project.
• LSA Associates will prepare a report that presents findings and recommendations based on the site
survey and historical records review.
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 4.2.3 Biological Studies
A list of sensitive species that may be present in the project area will be compiled from the California Natural
Diversity Data Base and the California Native Plant Society electronic inventory. A letter requesting a list of
federally listed species potentially occurring within the project area will be sent to the United States Fish and
Wildlife Service (USFWS). A field survey will be conducted to assess the likelihood of these sensitive species
occurring on the project site and to identify other species and habitats within the project boundaries.
Concurrently, LSA Associates will complete a focused wetland determination according to the 1987 Corps of
Engineers Wetland Delineation Manual, the currently accepted methodology. This scope of work is for routine
delineation methods tailored to the site characteristics. Data on the three parameters that are used to identify
wetlands will be recorded on a wetland data sheet. Finally, LSA Associates will determine whether any
streambed and associated riparian areas are subject to review by the California Department of Fish and Game
(CDFG) under Sections 1602 of the Fish and Game Code. The purpose of these determinations will be to
ascertain whether the project will affect jurisdictional waters. A complete delineation of any affected waters is
not included, since they are not expected to occur.
If there is a potential for the project to significantly impact biological resources, especially wetlands, or
endangered, threatened, or proposed species, LSA Associates will advise the City immediately to discuss the
need for additional assessment. If there are no significant impacts, LSA Associates will prepare a Low Impact
Natural Environment Study (NES) report, according to Caltrans guidelines and procedures.
Task 4.3 Section 4(f) Evaluation
The Goldenrod Pedestrian Overcrossing crosses over the Bayside Drive Park. The park will be used for temporary
access to the pedestrian overcrossing bridge during construction of the project. Section 4(f) prohibits the use of
land from a publicly owned park, or recreational area by a federally funded transportation project unless certain
determinations can be made. As a publicly owned park, Bayside Drive Park falls under the requirements of
Section 4(f) of the Department of Transportation Act (49 U.S.C. 303) of 1966. Based on available information
regarding the proposed project, the project meets the criteria for a Programmatic Section 4(f) Evaluation.
Therefore, in compliance with Section 4(f), LSA Associates will prepare a Programmatic Section 4(f) Evaluation for
review and approval by Caltrans /FHWA to address temporary impacts to Bayside Drive Park.
Task 4.4 Air Quality
The proposed project is a retrofit project that will improve the safety of the existing bridge. Therefore, per Table 2
of 40 CFR 93.134, the proposed project is exempt from all emissions analyses. No air quality analysis is required.
Task 4.5 Cultural Resources
Task 4.5.1 Native American Consultation
LSA Associates will conduct Native American consultation with entities whose names will be provided by the
Native American Heritage Commission.
Task 4.5.2 Area of Potential Effects Map
LSA Associates will develop an Area of Potential Effects (APE) Map.
Task 4.5.3 Records Search
An archaeological and historical records review and literature search will be conducted through the South
Central Coastal Information Center of the California Historic Resources Information System (CHRIS). The
objective of this archival research will be: (1) to establish the status and extent of previously recorded sites,
surveys, and excavations in the APE, and (2) to note what site types might be expected to occur within the
proposed APE.
Task 4.5.4 Archeological Survey
Based on the records search, a systematic on -site pedestrian survey will be conducted to determine the
presence of archeological resources on previously unsurveyed property. Previously recorded sites within the
APE will be field checked, and existing site records will be updated consistent with the guidelines established by
the State Office of Historic Preservation (OHP).
Page 10
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 4.5.5 Architectural Survey
An architectural survey will be conducted to: (1) determine the presence of buildings within the area of effect,
and (2) record those that require historic evaluation.
Task 4.5.6 Reports
Depending on the resultsof the archaeological and architectural surveys, various reports will be completed.
Following is a description of the reports LSA Associates anticipates the need to complete for this project.
• Historic Property Survey Report (HPSR). This cover document for all cultural reports will be
completed. It is anticipated that both archaeological and architectural findings will be negative.
Therefore, this proposal is based on completing a negative HPSR.
• Archaeological Survey Report (ASR). Following the archaeological survey, an ASR will be
completed. This report will discuss the findings of the records search and survey. It is anticipated that
archaeological findings will be negative.
• Historic Resources Evaluation Report (HRER). Because the Goldenrod POC is greater than
50 years old, an HRER with appended Bridge Evaluation Short Form will be completed.
Task 4.6 Draft Categorical Exemption (CE)
Based on the project being constructed primarily within existing City right -of -way (minor or no right -of -way
acquisitions required), requiring only minor alterations to existing street widths and not adding additional traffic
capacity (no new through traffic lanes), it is anticipated that the project can be covered under a CE for CEQA
(CEQA Guidelines Section 15301(c)). LSA Associates will prepare a CE for the project using standard City forms.
To conduct this task, LSA Associates will utilize preliminary geometric plans prepared by Dokken Engineering,
right -of -way maps and data from the City and /or other sources, as well as knowledge gained from the initial site
visit and information from any prior studies (if available) for recent projects in the area. The CE will address the
environmental topics determined to apply to the proposed project and provide sufficient discussion to indicate that
no significant environmental impacts would result from project implementation. Information from the technical
studies will be incorporated into the CE determination.
Task 4.7 Final Categorical Exemption (CE)
The Draft CE will be revised, if necessary, per comments received from the City. The Final CE will consist of the
revised Draft CE and the technical reports prepared for the project. LSA Associates will provide the City a master
copy of the document for City approval. Following approval of the Final CE, LSA Associates will file the CE with the
County Clerk's office and the State Office of Planning and Research, where It will be posted for a period of 30 days.
Task 4.8 NEPA Categorical Exclusion
Following approval of the technical studies by the City and Caltrans, LSA Associates will prepare a Categorical
Exclusion per NEPA requirements. The Categorical Exclusion, consisting of the approved CEQA CE and technical
study backup, will be submitted for approval by Caltrans and FHWA.
Deliverables - Tasks 4.1 - Task 4.8
• Preliminary Engineering Survey (PES)
• Noise Impact Analysis
• Hazardous Waste Initial Site Assessment (ISA)
• Natural Environment Study (NES)
• Programmatic Section 4(f) Evaluation
• APE Map
• Historic Property Survey Report (HPSR)
• Archaeological Survey Report (ASR)
• Historic Resources Evaluation Report (HRER)
• Draft and Final Categorical Exemption (CE)
Page 11
r
•
SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
TASK 5.0 DESIGN
Dokken Engineering will prepare the plans, specifications, and estimate (PS &E) for the seismic retrofit of the
San Diego Creek Bridges and the Goldenrod Pedestrian Overcrossing (POC).
Task 5.1 Geotechnical Investigation
Parikh Consultants will perform the required geotechnical investigations and prepare aGeot ethnical Report in
accordance with Caltrans guidelines and procedures. One additional boring will be required at the southern
San Diego Creek bridge abutments. No additional borings will be needed at the Goldenrod POC. The proposed task
breakdown for this work is as follows:
Task 5.1.1 Permits /USA
Foundation investigations will comply with the City /County drilling permit requirements. Parikh Consultants will
field locate the boring and call for USA clearance.
Task S. 1.2 Field Exploration (San Diego Creek Bridges)
Parikh Consultants will drill one boring to 100 feet. The exploration will provide an evaluation of subsurface
conditions at the south abutment. The boring location will depend upon the available access. A truck mounted drill
rig will be used. Traffic control by Parikh is anticipated and will conform to Caltrans lane closure standards.
Parikh Consultants will classify and continuously log subsurface soil conditions encountered in the test boring at the
time of drilling. They will obtain "relatively undisturbed" and bulk sample of substrata from test boring. The
boring will be drilled and capped in accordance with the permit requirements from the City /County. Generally,t he
boring is required to be backfilled with cement grout. The drill cuttings will have to be drummed anddisposed of
off -site.
Task 5.1.3 Laboratory Testing (San Diego Creek Bridges)
Parikh Consultants will perform laboratory tests on representative soil samples such as moisture density,
unconfined compression, gradation analyses, corrosion tests and Plasticity Index test, as necessary.
Task 5.1.4 Soils Analysis/ Evaluation
Parikh Consultants will prepare final geotechnical design recommendations for foundations and provide a final
foundation report. This will include design recommendations for foundation types and footing elevations, lateral
design capacities, pile foundation recommendations or spread footings.
The report will discuss seismic considerations, evaluate the liquefaction potential and comment on the site soil
conditions. Information related to Caltrans seismic design criteria (SDC V 1.2) such as depth to rock like material,
ARS Curves, etc. shall be provided.
Parikh Consultants will prepare two separate final foundation reports (one for Goldenrod POC and one for the
San Diego Creek bridges) and will prepare boring logs.
Deliverables - Task 5.1
• Geotechnical Reports
Los of Test Borin s
Task 5.2 Plans, Specifications & Estimate (PS &E)
Dokken Engineering will prepare the PS &E with submittals scheduled for 65%, 90 %, and 100%.
Task 5.2.1 Preliminary Engineering
Dokken Engineering will perform preliminary engineering in support of the environmental documents. This
work will Include all design work required to adequately scope the environmental documents and studies. The
work will include bridge general plans and selected portions of the various retrofit details.
Page 12
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 5.2.2 65% Plans
Dokken Engineering will prepare the 65% plans. All plan sheets will be prepared in accordance with City and
Caltrans standards. The following plan sheets will be included in this submittal.
Deliverables - Task 5.2.2
PS &E - San Diego Creek Bridges
- General Plan (1 sheet)
- Utility Details (1 sheet)
- Bent Details (1 sheet)
- Abutment Details (1 sheet)
- Diaphragm Details (1 sheet)
- Miscellaneous Details (1 sheet)
- Environmental Mitigation Plan (1 sheet)
- Log of Test Borings (1 sheet)
• TOTAL OF 8 SHEETS
• PS &E - Goldenrod Pedestrian Overcrossing
- General Plan (1 sheet)
- Bent Cap Details (1 sheet)
- Restrainer Details (1 sheet)
- Miscellaneous Details (1 sheet)
- Log of Test Borings (1 sheet)
A single common Title Sheet will alsobe prepared. These plans will be complete, but will not yet have
undergone an independent structural review (see Task 5.2.4).
Task 5.2.3 Utility Letter ^B" Plans
Dokken Engineering will prepare draft transmittal letters to affected utility owners for City review and approval
prior to transmitting "B" Plans to utility owners. The "B" plans will show possible utility locations on the bridge
cross sections. Two sets of base maps or "B" Plans will be provided to each utility owner as an attachment to
the transmittal letter. The base plans will be clearly marked "B" Plans and the transmittal letter will clearly
identify this project as a City of Newport Beach project. All utilities in possible conflict will be highlighted with
possible options for relocation. Following return of the "B" Plans to Dokken Engineering, a meeting will be
scheduled with the utility companies to discuss relocation or protection in place of the impacted utilities.
Deliverables - Task 5.2.3
• Transmittal Letters
• "B" Plans for determining relocation or protection
Task 5.2.4 90% PS &E
Dokken Engineering will prepare Plans for the 90% submittal. The 90% submittal will Include a letter
addressing comments from the 65% plan submittal, the City's original comments (red -lined plans), and revised
plans. Dokken Engineering will also perform a complete independent structural analysis of the 65% Plans.
A detailed construction cost estimate and schedule of values per City standard will be revised.
Dokken Engineering will prepare Special Provisions based on Caltrans Standard Special Provisions and Caltrans'
Standard Specifications. The special provisions will encompass all aspects of the construction, including the
implementation of any mitigation measures and permit- related requirements. Specifications will be prepared in
Microsoft Word format with a copy on disk submitted to the City.
Deliverables - Task 5.2.4
• Revised Plan Sheets
• Special Provisions
Engineer's Estimate
Page 13
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 5.2.5 100% PS &E
After review comments are received from the 90% PS &E, the Dokken Engineering Team will conduct a site visit
to walk through the construction of the project with the 900 /a plans In hand. During this visit, the team will
address any constructability issues and look for items that require additional detail to stake orcon struct. The
City will be invited to attend this site visit.
The 100% submittal will include a letter addressing comments from the 90% submittal, the revised PS&E and
the plan set containing the 90% review comments.
The 100% submittal will include a letter addressing comments from the 90% plan submittal, the City's original
comments (red -lined plans) and revised PS &E
Deliverables - Task 5.2.5
100% PS &E
Task 5.2.6 Utility Letter °C" Plans
Dokken Engineering will prepare draft transmittal letters to affected utility owners for City review and approval
prior to transmitting "C" Plans to utility owners. The base plans will be clearly marked "C" Plans and the
transmittal letter will clearly identify this project as a City of Newport Beach project. Two sets of 100% plans
will be provided to each utility owner as an attachment to the transmittal letter. The letter will Indicate to the
utility owners that these are final plans and an explanation of changes since the "B" Plans will be provided. A
written confirmation of the utility relocations (or schedule to relocate) will be requested from the utility
companies. Dokken Engineering staff will also assist the City in preparation of utility agreements for relocation.
In the event any delays occur or the utility companies require City input, Dokken Engineering will notify the
City, In writing, of the circumstance.
Deliverables - Task 5.2.6
• Transmittal Letters
• "C" Plans
• Preparation of Utility Agreements
Page 14
• •
SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
TASK 6.0 BIDDING ASSISTANCE
Dokken Engineering will provide assistance, as required, to the City during bidding of the project. This work may
include answering questions from prospective bidders, preparation of addenda to the PS &E during the
advertisement period, and providing consultation and interpretation of the construction documents
TASK 7.0 CONSTRUCTION ASSISTANCE
Dokken Engineering will provide engineering assistance to the City during the construction of the project.
Construction assistance services will include:
• Attend pre - construction meeting
• Review and approve all required submittals and shop drawings
• Provide on -going consultation and interpretation of contract documents, as requested
• Review and comment on contract change orders
• Prepare plan revisions as necessitated by contract change order
• Site visits, as needed
Prepare as -built drawings
TASK 8.0 CONSTRUCTION MANAGEMENT (OPTIONAL)
Dokken Engineering is available to provide full construction management services to the City, including: Quality
Assurance inspection, materials testing, Independent assurance testing, field surveying and construction staking,
maintenance of project files, project scheduling, claims handling, contractor progress payment, environmental
monitoring, coordination with regulatory agencies, labor compliance, and public coordination.
TASK 9.0 GRAND CANAL BRIDGE DESIGN (OPTIONAL)
Dokken Engineering is available to provide full environmental, geotechnical, and design services for the retrofit or
replacement of the Grand Canal Bridge. The scope of work will be similar to the scope described above.
Page 15
'DOKKEN Engineering
CITY OF NEWPORT BEACH
• Seismic Retrofit Desig. Goldenrod POC and Son Olego Creek Bridges
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Client #• 654
DOKKEBNGI
ACORO,. CERTIFICA OF LIABILITY
INSUR CE 7;n/04(M1V0°" "w'
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
P. O. Box 12675
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oakland, CA 94604.2675
POLICY NUMBER
DAT EFFECR
510 465 -3090
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A United States Fidelity & Guaranty
SK01804219
Dokken Engineering Inc
11171 Sun Center Drive, Suite 250
Rancho Cordova, CA 95670
INSURER s: American Automobile Ins. Co.
EACH OCCURRENCE
INSURER c: Lexington Ins. Co.
INSURER D:
X COMMERCIAL GENERAL UABILITY
NSURER 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 CONTRACTOR 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 SY PAID CLAIMS.
INSR
LTR
ADD-1
NSq
TYPE OF INSURANCE
POLICY NUMBER
DAT EFFECR
POLE
DATE PIRA N
UNITS
A
GENERAL LIABILITY
SK01804219
05/12/04
05112/05
EACH OCCURRENCE
$1000000
X COMMERCIAL GENERAL UABILITY
DAMAGE TO RENTED
PREMISES
$1,000,000
CLAIMS MADE a OCCUR
MED EXP (Arty one person)
$10 WO
PERSONAL & ADV INJURY
$1000000
GENERAL AGGREGATE
s2,000,000
GEHL AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMP/Op AGG
$2 000 000
POLICY 7 PEO- LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
BA01805289
OM2104
05/12/05
COMBINED SINGLE LIMIT
(Ee Wdderd)
$1,000,000
X
BODILY INJURY
(Per person)
$
ALLOWNEDAUTOs
SCHEDULED AUTOS
X
BODILY INJURY
(Per acadenq
$
HIREOAUTOS
NON -0WNED AUTOS
X
PROPERTY DAMAGE
(PereccideM)
$
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
OTHER THAN EA ACC
$
ANYAUTO
$
AUTO ONLY: AGG
A
EXCESSAIMBRELLA LIABILITY
T OCCUR F1 CLAIMS MADE
SK01804219
05112104
05/12/05
EACH OCCURRENCE
s4,000000
AGGREGATE
$4,000=0
$
$
DEDUCTIBLE
$
X RETENTION $ 10000
B
WORKERS COMPENSATION AND
WZP80923454
07/01/04
07/01/05
X WC STATLL OTH-
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTNE
E.L. EACH ACCIDENT
$1110001000
EL DISEASE - EA EMPLOYEE
$1,000,000
OyFFICERIMEMBER EXCLUDED?
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$1 000 000
C
OTHER Professional
1154767
03113/04
03/13/05
$1,000,000 per claim
Liability
$3,000,000 annl aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES l EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
General Liability excludes claims arising from professional services.
PROJECT: Goldenrod POC and Son Diego Creek Bridges (DE- 1480).
The City of Newport, its officers, officials, employees and volunteers are
(See Attached Descriptions)
City of Newport Beach 2
Public Works Dept.
Attn: Lloyd R. Datton, PE
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
ACORD 25 12007 /081 1 .41 s$A�nar»
ABOVE DESCRIBED POLICIES BE
THEREOF, THE ISSUING INSURER WILL ENVEJOLOOSCMUL _341 - DAYS WRITTEN
TO THE CERTIFICATE HOLDER NAMED TO
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_ s �.•.S S. c.Ci __�.'F�.'t He �lcr .-'l .. _.h . ». _ :L a.: _.� � -- —� i._ _—.
additional insureds for General & Auto Liability per CLBF2240 & CA2048
attached.
Waiver of subrogation (attached) applies to Workers' Comp.
General Liability policy has no exclusion for XCU.
Cancellation provisions are solely as shown on this certificate.
AMS 25.3 (2001/08) 2 of 2 NM108721
Policy Number: BKO1804219
Owners Lessees or Contractors (Form B)
ADDITIbNAL INSURED
Change(s) Effective: 11/1/04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person or Organization:
City of Newport Beach 2
Public Works Dept.
Attn: Lloyd R. Dalton, PE
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
SECTION II - WHO IS AN INSURED is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to liability
arising out of "your work" for that insured by or for you.
Schedule continued: The City of Newport, its officers, officials,
employees and volunteers
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
CUBF 22 40 03 95
0 41
POLICY NUMBER: BA01805289 BUSINESS AUTOMOBILE LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED INSURED ENDORSEMENT (CA 20 48)
Name of Person(s) or Organization(s)
City of Newport Beach 2
Public works Dept.
Attn: Lloyd R. Dalton, PE
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
BUSINESS AUTO COVERAGE
Each person or organization indicated above is an "insured' for Liability Coverage, but only to
the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in SECTION II of the Coverage Form.
Schedule continued: The City of Newport, its officers, officials,
employees and volunteers
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
SEVERABILITY OF INTEREST:,
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
CA20 48 07 97
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0
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a- differeM-
date is indicated below.
(The following 'attaching clause' needs to be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms a part of Policy No. WZP80923454
Issued to: Dokken Engineering Inc
By: American Automobile Ins. Co.
Premium (if any) TBD
We have a 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 -5% of the California workers compensation premium otherwise
due on such remuneration.
Person or Organization
City of Newport Beach 2
Public Works Dept.
Attn: Lloyd R. Dalton, PE
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
WC 04 03 06
(Ed. 4-84)
Schedule
Job Description
The City of Newport, its officers,
officials, employees and volunteers
Countersigned by
Authorized Representative
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
C- 3Q3P
Agenda Item No. 16
October 26, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, P.E.
949 - 644 -3328
Idalton@city.newport-beach.ca.us
SUBJECT:
BRIDGE SEISMIC RETROFIT - APPROVAL OF
SERVICES AGREEMENT WITH DOKKEN ENGINEERING
RECOMMENDATIONS:
1. Approve a Professional Services Agreement in the amount of $278,848.00 with
Dokken Engineering for bridge seismic retrofit design and construction support,
and authorize the Mayor and City Clerk to execute the Agreement.
2. Approve a Budget Amendment appropriating $14,500.00 from the Gas Tax Fund
Balance, 180 -3605, to account 7181- C5100695, increasing revenue estimates in
Contributions Federal Highway Funds, 250 -4880, by $240,000.00, and
appropriating $176,147.00 to account 7251- C5100695.
DISCUSSION:
The 1971 San Fernando earthquake exposed a number of deficiencies in the State of
California's ( Caltrans') bridge design methods. Caltrans determined that all bridges
within the State should be made capable of surviving a maximum credible earthquake.
Some damage was felt to be inevitable, but collapse was believed to be preventable
with appropriate "seismic retrofitting ".
Caltrans' seismic retrofit program was initiated immediately after the earthquake. Its
initial objective was to ensure the continuity of all superstructure joints in bridges which
could be subject to large ground accelerations. The effort was completed in 1987, after
some 1,300 State highway system bridges had been thus retrofitted.
The City shared in this effort by retrofitting the Balboa Island Bridge in 1980. Cable
restrainers and piles were added to join the ten segments together and reduce the
effects of liquefaction upon the bridge during earthquakes, thus meeting the then -
current seismic standards. Likewise, the Lido Isle and Little Island bridges were
retrofitted in 1984, all at the City's sole expense.
SUBJECT: Bridge Seismi rofit - Approval of Professional Services Agreemen& Dol ken Engineering
October 26, 2004
Page 2
The October 1989 Loma Prieta earthquake brought about a second phase of bridge
seismic retrofit in which all 12,000 publicly -owned bridges within the State would be
reanalyzed to determine their resistance to collapse due to a large earthquake. Special
attention was focused upon substructures; i.e., bridge foundations.
In 1990, City staff began working with Caltrans officials to expedite this second phase
seismic analysis upon the City's ten bridges. Using a "qualifications - based" selection
process, the City retained Dokken Engineering, a well - respected, Sacramento -based
bridge design firm, to prepare a detailed seismic analysis and report upon the bridges
and to present their findings in a "Strategy Meeting" at Caltrans' Sacramento offices.
Various alternatives for strategy to retrofit the bridges were considered; however,
Caltrans did not issue approval and State - approved funding to proceed with design.
In 1994 Caltrans changed its methodology for bridge seismic analysis. Dokken
prepared another analysis and report, and again presented their findings in a retrofit
strategy meeting. There was no response until 1996, when Caltrans published a
"mandatory seismic retrofit list ", which indicated three City bridges (Balboa Island, Lido
Isle, and Newport Island) that were most likely to succumb to a large earthquake. They
then approved 80% Highway Bridge Replacement and Rehabilitation (HBRR) funding
provided by the Federal Highway Administration (FHWA) and 20% State Seismic
Retrofit funding to design and construct the retrofits for the three bridges, and issued
approval to proceed with work on the three bridges. The City did so, and the retrofits
were completed on the three bridges by January of 1999.
Now, the next four most likely -to- succumb City-owned bridges (the northbound and
southbound Jamboree Road bridges over San Diego Creek, the Goldenrod Avenue
Pedestrian Bridge over Bayside Drive, and the Little Island Bridge over Grand Canal)
are in line for seismic strengthening. Dokken has prepared an analysis and report for
the four bridges and again presented their findings in a retrofit strategy meeting.
Caltrans has agreed as to retrofit strategy, and staff desires to proceed with design.
A decision must be made as to whether the Park Avenue (Little Island) Bridge over
Grand Canal should be seismically retrofit or replaced in its entirety. This decision will
take time, inasmuch as noise, traffic delay, pile driving, parking, inconvenience to the
community, emergency access, etc., during construction must be weighed against cost,
anticipated structural life and aesthetics for a retrofitted bridge versus a new
replacement bridge. Accordingly, staff recommends retrofitting the other three bridges
while issues concerning the Little Island bridge retrofit versus replacement are being
resolved.
Dokken has proposed to provide design and construction support services for the three
bridges. Since Dokken has heretofore provided good service to the City and their
scope of services and not -to- exceed fee of $278,848.00 seems appropriate for the work
that must be performed, staff recommends that the City Council approve a PSA with
Dokken (see attached draft Professional Services Agreement).
The FHWA requires that a "Pre -award Audit" be performed on a consulting firm prior to
entering into a federally- funded PSA that exceeds $250,000.00. The audit determines
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SUBJECT: Bridge Seis trofit - Approval of Professional Services Agreeme h Dokken Engineering
October 26, 2604
Page 3
if the consultant's accounting system is adequate to accumulate and segregate costs in
accordance with Federal regulations.
Since Dokken's proposed fees will exceed $250,000.00, Staff requested Caltrans to
perform a gratis audit of Dokken. Caltrans determined that a reduced scope review of
the City's draft PSA is sufficient in lieu of an audit, provided that certain provisions be
added to the PSA (see attached letter from Department of Transportation). Staff has
added these provisions the City's draft PSA.
Due to the State's financial distress, it is no longer providing the 20% funding for retrofit
projects; however, the 80% HBRR funding, which is administered by Caltrans, is still
available to reimburse the City for all design, permit, construction, and construction
administration costs for the City's three - bridge project. The City will have to fund the
remaining 20% that the State previously provided.
Funding Availability:
The current budget includes $109,353.00 for the project. To complete the amount
needed for award, permits, reproductions, and other expenses concerning the project,
the remaining $190,647.00 must be appropriated through the recommended budget
amendment. Upon its approval, sufficient funds will be available in the following
accounts for the project:
Account Description
Gas Tax
Contributions
Environmental Review:
Not applicable at this time.
Prepared
•I. i,
D- Engineer
Account Number Amount
7181- C5100695 $60,000.00
7251- C5100695 $240,000.00
Total: $300,000.00
Submitted by:
Attachment: draft Professional Services Agreement,,'
letter from Department of Transportation
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PROFESSIONAL SERVICES AGREEMENT WITH •
DOKKEN ENGINEERING
FOR BRIDGE SEISMIC RETROFIT
THIS AGREEMENT is made and entered into as of this _ day of
200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and DOKKEN ENGINEERING, a corporation whose address is 11171 Sun
Center Drive, Suite 250, Rancho Cordova, California, 95670 -6113 ( "Consultant "), and
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 seismically retrofit the Jamboree Road bridges over San
Diego Creek and the Goldenrod Avenue pedestrian bridge over Bayside Drive.
C. City desires to engage Consultant to provide preliminary engineering and
construction support services ( "Project") for the seismic retrofit.
D. Consultant possesses the skill, experience, ability, background, certification and •
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Matthew W.
Salveson, PE.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the first day of January, 2007, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement.
Consultant's services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the services in a diligent and
timely manner may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
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.
4. COMPENSATION TO CONSULTANT; CONTINGENT FEES
City shall pay Consultant for the services in accordance with the provisions of
this Section and the Cost Proposal attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items
and subconsultant fees, shall not exceed Two Hundred Seventy Eight
Thousand, Eight Hundred Forty Eight and nol100 Dollars ($278,848.00)
without additional authorization from City. Direct labor rates shall not be
changed during the term of this Agreement without the prior written approval of
City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the
names and hourly rates of the persons who performed the work,
descriptions of the specific tasks in the Scope of Services to which the
work relates, the dates the services were performed, the numbers of
hours spent on the tasks, and descriptions of other costs. City shall pay
Consultant no later than thirty (30) days after approval of the monthly
invoice by City staff.
4.2 City shall reimburse Consultant only for those costs specifically approved
in this Agreement, or specifically approved in advance by City. Federal
Acquisition Regulations in Title 48, CFR 31 are the governing factors
regarding allowable elements of cost. Unless otherwise approved, such
costs shall be limited and include nothing more than the following costs
incurred by Consultant:
. A. The actual costs of subcontractors for performance of any of the
services that Consultant agrees to render pursuant to this
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Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved other costs.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the hourly rates as
set forth in Exhibit B.
4.4 Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working for Consultant, to solicit
or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or formation of this
Agreement. For breach or violation of this warranty, City shall have the
right to annul this Agreement without liability, or at City's discretion,
deduct from Consultant's compensation, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
4.5 Consultant shall use Contract Cost Principles and Procedures, 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31 et seq, to
determine the allowability of individual items of cost. Consultant shall also
comply with Federal procedures in accordance with 49 CFR, Part 18,
Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments. Costs for which payment
has been made to Consultant that are determined by subsequent audit to
be unallowable under 48 CFR Federal Acquisition Regulations System,
Chapter 1, Part 31 et seq. or 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments are subject to repayment by Consultant to City. All
subcontracts in excess of $25,000 entered into as a result of this
Agreement shall contain the provisions of this paragraph.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Matthew W.
Salveson, PE, to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any •
new or replacement personnel to Project without the prior written consent of City.
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City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Lloyd
Dalton, PE, shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one gratis copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and copy services through City's reproduction
company for bid documents. All other reproduction will be the
responsibility of Consultant as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
STANDARD OF CARE
8.1 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 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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
• Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
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term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 Consultant shall perform all work in accordance with highway design
standards adopted and promulgated by the State of California Department
of Transportation and the Federal Highway Administration.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and/or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on Project (including the negligent and/or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or 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 is
Agreement. Nothing in this Agreement shall be deemed to constitute approval
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for 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 means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with Consultant
on Project.
12. CITY POLICY
Consultant shall discuss and review ail matters relating to policy and Project
direction with City's 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.
13. PROGRESS
iConsultant is responsible for keeping the Project Administrator and /or his duly
authorized designee informed on a regular basis regarding the status and
progress of Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
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assigned policyholders' Rating o
Category Class VII (or larger) in
Best's Key Rating Guide, unless
Manager.
Coverage Requirements.
0
f A (or higher) and Financial Size
accordance with the latest edition of
otherwise approved by City's Risk
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain 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).
Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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L City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: the sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint-venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
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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.
16. SUBCONTRACTING
City and Consultant agree that subcontractors may be used to complete the work
outlined in the Scope of Services. The subcontractors authorized by City to
perform work on Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor, nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
Subcontracts exceeding $25,000 in cost shall contain all of the required provisions
of this Agreement. Considerations shall give consideration to Disadvantaged
Business Enterprise firms as specified in 23 CFR 172.5(e) and Appendix A to Part
26 of 49 CFR. Consultant shall provide evidence of "good faith" effort, if requested
by City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request. Basic
survey notes and sketches, charts, computations and other data prepared or
obtained under this Agreement shall be made available upon request to City
without restriction or limitation on their use.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived 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.
All improvement and /or construction plans shall be prepared with indelible r•
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar
sheets with a minimum thickness of three mils. Consultant shall provide to City
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'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final
sheets within ninety (90) days after finalization of Project. For more detailed
requirements, a copy of the City of Newport Beach Standard Design
Requirements is available from City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for 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 Project, for the completion of Project by
others, or for any other project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
City's digital submission requirements for Improvement Plans. City will provide
AutoCAD file of City Title Sheets. All written documents shall be transmitted to
City in City's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents its
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.
21. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all 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.
22. 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 and
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23.
EZ1 I
25.
26.
i •
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. 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 to Consultant under this
Agreement.
For the purpose of determining compliance with Public Contract Code Section
10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section
2500 et seq., when applicable, and other matters connected with the
performance of this Agreement pursuant to Government Code Section 8546.7,
Consultant and its subconsultants shall maintain books, documents, accounting
records and other evidence pertaining to the performance of Agreement,
including but not limited to, the costs of administering Agreement. Parties shall
make such materials available at their respective offices at all reasonable times
during the term of Agreement and for three years from the date of final payment
under Agreement. , State of California Auditor, Federal Highway Administrator or
any duly authorized representative of the Federal government having jurisfiction
under Federal laws or regulations (including the basis of Federal funding in
whole or in part) shall have access to Consultant's books, records and
documents that are pertinent to Agreement for audits, examinations, excerpts
and transactions, and copies thereof shall be furnished if requested.
WITHHOLDINGS
City may withhold payment to Consultant 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 as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his designee with
respect to such disputed sums. Consultant shall be entitled to receive interest on
any withheld sums at the rate of return that City earned on its investments during
the time period, from the date of withholding of any amounts found to have been
improperly withheld.
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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
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.
CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
CONFLICTS OF INTEREST
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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 any 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.
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 immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant 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:
Attn: Lloyd Dalton, PE
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3328
Fax: 949- 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Matthew W. Salveson, PE
Dokken Engineering
11171 Sun Center Drive, Suite 250
Rancho Cordova, CA 95670 -6113
Phone: 916- 858 -0642
Fax: 916 -858 -0643
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28.
29.
30.
31
32.
33.
TERMINATION
In the event that either party fails or refuses to perform any of the provisions of Is
this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable city,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
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 herein.
CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
AMENDMENTS
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V
E
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH,
A Municipal Corporation
0
Mayor
for the City of Newport Beach
DOKKEN ENGINEERING:
By: By:
LaVonne Harkless, Richard T. Liptak, P.E.
City Clerk President
Attachments: Exhibit A — Scope of Services
Exhibit B — Cost Proposal
f :%userslpbwlsharedlagreements\fy 04- 051dokken- bridge seismic retrofit.doc
14
C 0)
DOKKEN
E N G I N E E R I N G
ww v.dok ken engineer ieg.com
August 12, 2004
Mr. Lloyd Dalton, P.E.
City of Newport Beach
3300 Newport Boulevard
Newport Beach; CA 92663
RE: Seismic Retrofit of Goldenrod POC and San Diego Creek Bridges
Proposal for Engineering Services
Dear Mr. Dalton,
Please find attached our proposal to provide professional engineering'services for
the design of seismic retrofit improvements to the Goldenrod POC and San Diego
Creek bridges. Our proposed services include the optional tasks of designing
either the retrofit or replacement of the Grand Canal bridge. We have also
included an optional task to provide full construction management services for all
of these bridges. We have not provided fees or detailed work scopes for the
optional tasks, as the exact nature of the construction management services will
not be determined before the completion of the environmental documentation and
permitting. The scope of work for the Grand Canal bridge structure will, of course,
vary substantially depending on whether the structure is retrofitted or replaced.
Mr. Matthew W. Salveson, P.E., will be the project manager for this work and will
be the City's main point of contact. Mr. Salveson has managed and designed
numerous bridge seismic retrofit projects, including three bridges in Newport
Beach. He has also been responsible for the construction management of 18
seismic retrofit projects. He will be assisted by key engineer staff with extensive
HBRR seismic retrofit experience. Our subconsultants include Mr. King Thomas
of LSA Associates. Mr. Thomas is a resident of Newport Beach and is very
familiar with the local environmental constraints and challenges. Mr. Gary Parikh
of Parikh Consultants (DBE), will provide geotechnical design services. Both
subconsultanfs have a long history of completing successful transportation
projects with Dokken Engineering. An organizational chart is attached. Detailed
resumes of key staff can be provided at the City's request.
I have attached a detailed cost proposal, including anticipated manhours and
budget for each task and subtask. The loaded rates shown on the cost proposal
are calculated based upon our Caltrans audited loaded rates. We propose to
provide these services on an hourly - not -to- exceed basis. I have also attached a
copy of our current rate schedule.
11171 SUN CENTER DRIVE, SURE 250 a RANCHO COROOVA, CA 95670 -6113
TEL: 916- 858.0642 FAx; 916 - 858.0643
9
®DOKKEN
E N G I N E E R I N G
a.d akken engl ^ce ring.c^m
The project schedule will be dictated by the environmental documentation and
permitting. We expect to obtain FHWA and Caltrans approval of the
environmental documentation within 12 months of project initiation.
Environmental permitting will then require an additional three to six months. An
approved P5 &E package can be completed within three months of approval of the
environmental documents. We will provide a detailed CPM schedule for your
review and approval as a first order of work on this project.
Thank you for your invitation to propose on this project. We are excited about this
work and can begin immediately.
11
Please call me at (916) 858 -0642 if you have any questions.
Sincerely,
Matthew W'.S'aly
Project Manager
attachments
, P.E.
11171 SUN CENTER DRIVE, SUITE 250 • RANCHO CiORDOVA, CA 95670-6113
TEL :916-858 -0642 FAx:916 -858 -0643
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SCOPE oFWORK Table rContents Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
SCOPEOF ����n���" ��n�m�����
Table of Contents
Task1.1
Project Management ............................ ...............................................................................
1
Task 1.2
Project Delivery Team Meetings ............................................................................................
1
Task1.3
Community Outreach ...........................................................................................................
Z
Task1.4
MBRR Program Support ....................................... ................................................................
Task1.5
Quality Control ......... .........................................................................................................
2
TASK2.D
ENVIRONMENTAL ANALYSES: SAN DIEGO CREEK BRIDGES ............................................. 3
Task2.1
Project Initiation .............................................. ............... ..................................................
J
Task2.2
Technical Reports ... .......... ............. ...................................................................................
Task 2.3
Section 4(f) Evaluation ........................................................ ...............................................
4
Task2.4
Air Quality ..........................................................................................................................
4
Task2.5
Cultural Resources ............... ................... ......... .........................................................
...... 4
Task 2.6
Draft Categorical Exemption (CE) ............................................................... ..........................
5
Task 2.7
Final Categorical Exemption (CE) ..........................................................................................
5
Task 2.8
NEPA Categorical Exclusion ..................................................................................................
h
TASK 3.0
PERMITTINGt SAN DIEGO CREEK BRIDGES ..................................................................... 7
Task 3.1
5eoterknica| Borings ...... ....................................................................................................
Task3.2
Environmental Permits .........................................................................................................
7
Task3.3
Mitigation Plan ....................................................................................................................
8
TASK 4.0
ENVIRONMENTAL ANALYSES: GOLDENROD PEDESTRIAN OVERC8DS5ING ......................
R
Task4.1
Project Initiation .................................................................................................................
Task4.2
Technical Reports .................................. .............................................................................
9
Task 4.3
Section 4(f) Evaluation ......................................................................................................
1V
Task4.4
Air Quality ........................................................................................................................
1V
Task 4.5
Cultural Resources ............................................................................................................
1V
Task 4.6
Draft Categorical Exemption (CE) ........................................................................................
11
Task 4.7
Final Categorica|,ExempUnn(CE) ........................................................................................
11
Task 4.8
NEPA Categorical Exclusion ................. ..............................................................................
11
TASK5.0
DESIGN .°.~..°^..^~°°.~~~,^.~.~~°.~~~~~,°°`~~..~~.~..^^°°^.^.~~.~..^~~°°..12
Task 5.1
Gcotechnica| Investigation .................................................................................................
17
Task 5.2
Plans, Specifications & Estimate (P3&E) .........................................................................
..... 1J
TASK 6.0
BIDDING ASSISTANCE ...~^^.~~~^^~~...,,,~.^_...,°°.~..,..~.~....^°°^^^.~.~~^~..1s
TASK 7.0 CONSTRUCTION ASSISTANCE ~°.~-.°°^~.`~.°°"^.^ ......................... ........................ 15
TASK 8.0 CONSTRUCTION MANAGEMENT (0PTIO0&L) .................................................................. 15
TASK 9.0 GRAND CANAL BRIDGE DESIGN (OPTIO0AL) ................................................................. x5 ���'
0 0
SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
0 City of Newport Beach
TASK 1.0 PROJECT MANAGEMENT
Dokken Engineering Project Management includes regular in- person meetings, presentation of work products,
development and monitoring of action items, progress reports, work progress monitoring, budget monitoring,
coordination and communication.
The Dokken Engineering Project Manager will work closely with the City Project Manager and continuously inform
the City Project Manager of all project activities. The duration of the project management effort is expected to be
continuous through completion of the job.
Task 1.1 Project Management
Coordination - Close contact will be maintained among the Project Manager, all subconsultants, the City Project
Manager, and regulatory agencies. The Project Manager will act as the principal liaison between the City of Newport
Beach and our staff at Dokken Engineering.
Communication - Effective communication through in- person visits, focused meetings, telephone calls and a -mails
to the City will be performed to discuss specific project issues. Regular communication with team members, the
City and other agency personnel will be facilitated through the Project Manager.
Progress Reports will be submitted monthly to the City of Newport Beach. These reports will include updated
project schedule, a discussion of issues /decisions, recommendations to address issues, budget status, and
anticipated work for the following month. The progress report will be e- mailed to the City Project Manager on the
last day of the month and will be submitted with the monthly invoice. Dokken Engineering's Project Manager is
responsible for maintaining cost control for each task, including our subconsultants.
Dokken Engineering will provide and maintain a detailed Milestone Schedule and Microsoft Project Schedule. The
Milestone Schedule is a simple one page schedule to assist in project communication. In addition, a comprehensive
schedule using Microsoft Project will be prepared that will identify each task and deliverable for the project. Dokken
Engineering's Project Manager will closely monitor the schedule and bring any deviations to the attention of the City
Project Manager.
Deliverables - Task 1.1
• Monthly Progress Report and Invoice
• Milestone Schedule
Microsoft Project Schedule
Task 1.2 Project Delivery Team Meetings
A Project "Kick -off" Meeting will be held fallowing the Notice to Proceed. This meeting will include representatives
from the City of Newport Beach, Dokken Engineering, subconsultants and other involved agencies. The primary
meeting objectives will be to present the project, its goals, review the project scope and action item list, explain the
project schedule, and identify key project issues.
Monthly Project Delivery Team (PDT) Meetings will be held with City staff and other representatives, as necessary,
to discuss project issues and work progress. Status meetings will be held at the City offices. Dokken Engineering
will prepare the meeting agenda in consultation with the City Project Manager, distribute the agenda one week prior
to the meeting, arrange for appropriate participants to attend, and prepare and distribute the meeting notes to the
participants within five working days after the meeting. All items that appear on the project schedule are included
in an "Action Item List" prepared atth a beginning of the project. The list shows the work item, the date it is due,
who is responsible for the task, and the date it was completed. The Action Item List is reviewed and updated at
every status meeting.
Deliverables - Task 1.2
• Meeting Agendas
• Meeting Minutes
Action Item Lists
Page 1
• •
SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 1.3 Community Outreach
Public outreach and involvement will play a significant role in development of this project. Public outreach activities
will be performed to ensure the public is informed and given an opportunity to provide input on the project.
Dokken Engineering will provide the City with all needed support for meetings with the public and elected
representatives.
Dokken Engineering will prepare necessary graphics to convey to the public the major design features of the project
and the area impacted by the construction. Graphics will include large scale plots which will show project limits and
traffic staging overlaid on an aerial photograph. In addition, Dokken Engineering will develop renderings showing
the proposed finished conditions of the project sites.
Deliverables - Task 1.3
• Meeting Exhibits
Renderin s
Task 1.4 HBRR Program Support
Dokken Engineering will prepare all documents required by the Local Assistance Procedure Manual for the City of
Newport Beach. This includes the Requests for Authorization (RFA) for Right of Way and Construction and an
Exhibit 6 -D, If necessary. In addition, the Utility and Right of Way Certifications will be completed and provided to
the City for signature. All paperwork required for the City will be prepared by Dokken Engineering. In addition,
once the paperwork is submitted, Dokken Engineering will maintain and coordinate the status of each request with
Caltrans District 12 to make certain no delays occur.
Deliverables - Task 1.4
• RFA Right of Way
• RFA Construction
• Updated Finance Letters and Exhibit 6 -D
Utility Certification
• Right of Way Certification
Task 1.5 Quality Control
John Bishop from Dokken Engineering will be the Quality Assurance Engineer for this project. The QA Engineer will
perform a quality review of all project deliverable items. This includes all products prepared by our subconsultants.
In addition, the Project Manager will be responsible for the Quality Control for all products submitted to the City.
This two tier QA/QC level of effort ensures a high quality product.
Each submittal to the City will be accompanied by a transmittal memo. Any review comments received are
summarized and a Dokken Engineering response is prepared and the required corrections made. Each and every
comment will be addressed and the required corrections will be made.
As the plans are approaching their final completion level, the Dokken Engineering Team will walk the project site
and field verify that the plans are constructible and ensure the latest field conditions are incorporated.
Page 2
SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
TASK 2.0 ENVIRONMENTAL ANALYSES: SAN DIEGO CREEK BRIDGES
Task 2.1 Project Initiation
Prior to the kick -off meeting, LSA Associates will review existing Information and prepare adraf t Preliminary
Environmental Study (PES) form per Caltrans Local Assistance Guidelines. The draft PES form will be discussed and
finalized at the kick - off /Fleld meeting. The final PES form approved by Caltrans will define the environmental scope
of services including the technical studies and the level of the environmental document for the project.
Task 2.2 Technical Reports
LSA Associates will prepare the following technical reports for the project in support of the CE /CE:
Task 2.2.1 Noise Impact Analysis
LSA Associates will prepare a noise Impact analysis per City and Caltrans guidelines and requirements. The
technical study will present a description of the existing land uses, existing noise levels, and applicable Federal,
State (Caltrans), and City of Newport Beach guidelines, ordinances, and regulations.
Sample measurements of ambient noise will be performed by an acoustical specialist to document the existing
noise environment. The measured existing ambient noise levels will be used to assess whether a substantial
increase in noise level with project implementation would occur per Caltrans criteria. Short-term noise
measurements will be recorded at up to four (4) locations using noise level analysis /monitors to characterize
the motor vehicular noise environment. The appendix will include a presentation of noise fundamentals.
The proposed project is a retrofit project that will not significantly alter the horizontal or vertical alignments of
the roadway. Therefore, the proposed bridge improvements would not affect vehicular traffic. No traffic -
related noise impact would be evaluated.
Construction noise impacts from stationary and mobile equipment, such as pile driving or trucks, will be
addressed. Noise and its impacts will be discussed. Noise abatement measures designed to reduce noise
impacts to acceptable noise levels will be identified where necessary.
Task 2.2.2 Hazardous Waste Initial Site Assessment (ISA)
LSA Associates will prepare an ISA in accordance with Caltrans guidelines and In general accordance with the
American Society of Testing and Materials (ASTM) Designation E 1597 -00, Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process. The following tasks will be conducted as
part of this evaluation:
• LSA Associates will conduct an agency records database search to identify hazardous waste sites located
within the ASTM radius of the project site and classified as hazardous waste under State law. The
records search will also identify business types located within the ASTM radius that store, transfer, or
utilize large quantities of hazardous materials. This information will be obtained from records
maintained by Federal, State and local agencies. LSA Associates will utilize a database service to
perform this search.
• Historic land use information for the Area of Potential Effects (APE) will be reviewed to determine
whether previous uses in the project area may have resulted in hazardous waste contamination. This
information includes historic aerial photographs, historic USGS maps, Sanborn Fire Insurance Maps, Oil
and Gas maps, available groundwater depth /flow data, City directories, County Assessor's data, and
building permits.
LSA Associates will conduct a visual survey of the APE via public right -of -way to identify any obvious
area of hazardous waste contamination. Access to private property or City right -of -way shall be
provided by the Lead Agency.
• If hazardous waste sites are identified within the APE (via governmental records and /or the visual
survey), LSA Associates will review available public records at the appropriate oversight agency to
determine the potential impact to the project.
• LSA Associates will prepare a report that presents findings and recommendations based on the site
survey and historical records review.
Page 3
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 2.2.3 Biological Studies
A list of sensitive species that may be present in the project area will be compiled from the California Natural
Diversity Data Base and the California Native Plant Society electronic inventory. A letter requesting a list of
federally listed species potentially occurring within the project area will be sent to the United States Fish and
Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration Fisheries (NOAA fisheries). In
addition, LSA Associates will review the information for designated critical habitat and determine if the proposed
project will impact critical habitat. Field surveys will be conducted to assess the likelihood of these sensitive
species occurring on the project site and to Identify other species and habitats within the project boundaries,
including surveys for sensitive marine biological resources by a qualified marine biologist.
In order to perform the biological work efficiently, these surveys should be done during the spring flowering
period for the sensitive plant species that may occur in the project vicinity. The need for any focused
assessments of particular resources (e.g., an endangered species survey according to USFWS Protocol), which
are not included in this proposal, will also be Identified. During the field surveys, areas that may be subject to
the U.S. Army Corps of Engineers (Corps) and /or California Department of Fish and Game (CDFG), as waters of
the U.S. or waters of the State, will be delineated and mapped using Geographic Information System (GIS)
technology.
Please note that while the invasive algae (Caulerpa taxifolia) do not currently grow in Newport Bay, agencies
are now requiring surveys for the invasive algae prior to and following project implementation where disturbing
activities (e.g., dredging, pile installation /removal) have a potential to spread this fast growing nuisance
species. An initial Invasive algae survey will be conducted at the same time of the proposed marine resources
survey and the results will be included In the report. In addition, agencies mandate that pre - construction
surveys be conducted to ensure that this species is not present at the time of the project. Therefore,
surveillance -level surveys must be completed no more than 90 days prior to beginning construction activities for
the bridge retrofit project and the geotechnical borings, and no less than 30 days prior to beginning these
activities. Pre - construction surveys for invasive algae will be conducted on the project site for the area under
the bridge and within 30 feet of each side of the bridge. If surveys are required for a larger area, the scope and
budget may need to be modified accordingly.
The information collected during the above tasks will be utilized to complete the background information for
permit applications, as well as CEQA/NEPA documents. A delineation report identifying the jurisdictional areas
within the project area will be prepared and submitted to the Corps and the CDFG for verification of the
jurisdictional boundaries within the project area prior to submitting the permit applications. Prior to submitting
the delineation report to the resource agencies, a draft copy of the report will be submitted to Dokken
Engineering for review. As federal funds will be used for this project, the report will be in the format of a
Natural Environment Study (NES) report, according to Caltrans guidelines and procedures.
Task 2.3 Section 4(f) Evaluation
The San Diego Creek bicycle trail crosses under the Jamboree Road bridges over San Diego Creek. The bicycle trail
will be used for temporary access to the bridges during construction of the project. Section 4(f) prohibits the use of
land from a publicly owned park, or recreational area by a federally funded transportation project unless certain
determinations can be made. As a publicly owned recreation area, the bicycle trail falls under the requirements of
Section 4(f) of the Department of Transportation Act (49 U.S.C. 303) of 1966. This project meets the criteria for a
Programmatic Section 4(f) Evaluation. Therefore, in compliance with Section 4(f), LSA Associates will prepare a
Programmatic Section 4(f) Evaluation for review and approval by Caltrans / FHWA to address temporary impacts to
the bicycle trail.
Task 2.4 Air Quality
The proposed project is a retrofit project that will improve the safety of the existing bridge. Therefore, per Table 2
of 40 CFR 93.134, the proposed project is exempt from all emissions analyses. No air quality analysis is required.
Task 2.5 Cultural Resources
Task 2.5.1 Native American Consultation
LSA Associates will conduct Native American consultation with entities whose names will be provided by the
Native American Heritage Commission. 9
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Task 2.5.2 Area of Potential Effects Map
LSA Associates will develop an Area of Potential Effects (APE) Map.
Task 2.5.3 Records Search
An archaeological and historical records review and literature search will be conducted through the South
Central Coastal Information Center of the California Historic Resources Information System (CHRIS). The
objective is: (1) to establish the status and extent of previously recorded sites, surveys, and excavations In the
APE, and (2) to note what site types might be expected to occur within the proposed APE.
Task 2.5.4 Archeological Survey
Based on the records search, a systematic on -site pedestrian survey will be conducted to determine the
presence of archeological resources on previously unsurveyed property. Previously recorded sites within the
APE will be field checked, and existing site records will be updated consistent with the guidelines established by
the State Office of Historic Preservation (OHP).
Task 2.5.5 Architectural Survey
An architectural survey will be conducted to: (1) determine the presence of buildings within the area of effect,
and (2) record those that require historic evaluation.
Task 2.5.6 Reports
Depending on the resultsof the archaeological and architectural surveys, various reports will be completed.
Following is a description of the reports LSA Associates anticipates the need to complete for this project.
• Historic Property Survey Report (HPSR). This cover document for all cultural reports will be
completed. It is anticipated that both archaeological and architectural findings will be negative.
Therefore, this proposal is based on completing a negative HPSR.
• Archaeological Survey Report (ASR). Following the archaeological survey, an ASR will be
completed. This report will discuss the findings of the records search and survey. It is anticipated that
archaeological findings will be negative.
Task 2.6 Draft Categorical Exemption (CE)
Based on the project being constructed primarily within existing City right -of -way (minor or no right -of -way
acquisitions required), requiring only minor alterations to existing street widths and not adding additional traffic
capacity (no new through traffic lanes), it is anticipated that the project can be covered under a CE for CEQA
(CEQA Guidelines Section 15301(c)), LSA Associates will prepare a CE for the project using standard City forms.
To conduct this task, LSA Associates will utilize preliminary geometric plans prepared by Dokken Engineering,
right -of -way maps and data from the City and /or other sources, as well as knowledge gained from the initial site
visit and information from any prior studies (if available) for recent projects in the area. The CE will address the
environmental topics determined to apply to the proposed project and provide sufficient discussion to Indicate that
no significant environmental impacts would result from project implementation. Information from the technical
studies will be incorporated into the CE determination.
Task 2.7 Final Categorical Exemption (CE)
The Draft CE will be revised, if necessary, per comments received from the City. The Final CE will consist of the
revised Draft CE and the technical reports prepared for the project. LSA Associates will provide the City a master
copy of the document for City approval. Following approval of the Final CE, LSA Associates will file the CE with the
County Clerk's office and the State Office of Planning and Research, where it will be posted for a period of 30 days.
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City of Newport Beach
Task 2.8 NEPA Categorical Exclusion
Following approval of the technical studies by the City and Caltrans, LSA Associates will prepare a Categorical
Exclusion per NEPA requirements, The Categorical Exclusion, consisting of the approved CEQA CE and technical
study backup, will be submitted for approval by Caltrans and FHWA.
Deriverabres - Tasks 2.1 - Task 2.B
• Preliminary Engineering Survey (PES)
• Noise Impact Analysis
• Hazardous Waste Initial Site Assessment (ISA)
• Natural Environment Study (NES)
• Programmatic Section 4(f) Evaluation
• APE Map
• Historic Property Survey Report (HPSR)
• Archaeological Survey Report (ASR)
• Draft and Final Categorical Exemption (CE)
• NEPA Cateonriral Fxrliicinm
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
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TASK 3.0 PERMITTING: SAN DIEGO CREEK BRIDGES
Task 3.1 Geotechnical Borings
Geotechnical Investigations are required on this site in order to determine the soil stratigraphy and subsurface
conditions, and to collect soil samples. Some of the geotechnical borings will occur within the channel beneath the
existing crossing. The work is covered by NWP No. 6, which authorizes survey activities and allows discharges
associated with the temporary placement of structures necessary to complete a geotechnical investigation. This
nationwide permit is pre - certified by the Regional Water Quality Control Board (RWQCB) and as such, is subject to
the notification requirements by the RWQCB. However, to qualify for this nationwide permit, the activity must
comply with the nationwide permit general conditions, including obtaining a coastal zone consistency concurrence
from the California Coastal Commission. In addition, for any construction activities within astrea m, such as
San Diego Creek, a California Department of Fish and Game Streambed Alteration Agreement will be required. The
application fee associated with the application for the Streambed Alteration Agreement cannot be determined until
the new fee schedule has been approved. The fee for a Streambed Alteration Agreement under the previous fee
schedule was approximately $13,000. It is assumed that the City will pay this fee directly.
For this task, LSA Associates will prepare a letter to the California Coastal Commission requesting exemption from a
Coastal Development Permit and a coastal consistency analysis for the geotechnical borings. LSA Associateswill
prepare a letter to the Coast Guard requesting a waiver under Section 9 of the Rivers and Harbors Act, along with
notification of impacts to navigation. In addition, notification of the proposed geotechnical boring activities will be
submitted to the RWQCB and the Corps. These letters will include details of environmental impacts
Task 3.2 Environmental Permits
The permits listed below will be required for construction of the proposed bridge retrofit:
• Section 404 (Clean Water Act) permit from the Corps for dredge or fill material (including pilings) in the
San Diego Creek/Newport Back Bay. The project should be eligible for a nationwide permit.
• Section 401 (Clean Water Act) certification from the RWQCB.
• Section 9 (Rivers and Harbors Act) permit from the U.S. Coast Guard for bridge construction in
navigable waters.
• Coastal Development Permit pursuant to the California Coastal Act of 1976.
If the project affects listed species or designated critical habitat, additional authorizations may be required from the
USFWS or NOAA Fisheries. The scope of services for the permits listed above is described in further detail below.
Federal. LSA Associates will conduct a jurisdictional delineation to determine whether the project will Impact
waters subject to Corps jurisdiction. After the delineation report has been reviewed and accepted by the resources
agencies, the report will be used to quantify the impacts to jurisdictional waters by the proposed construction
activities associated withth a bridge retrofit. This information will be used to prepare the appropriate NWP
documentation for submittal to the Corps and request a Section 401 Water Quality Certification to the Regional
RWQCB. In addition, LSA Associates will prepare a letter to the Coast Guard requesting a waiver under Section 9 of
the Rivers and Harbors Act, along with a notification of impacts to navigation. This scope is based on one or more
nationwide permits that may be required for the construction activities associated with the bridge retrofit, but the
exact nationwide permit cannot be determined until final construction details have been completed. However, to
qualify for a nationwide permit, the proposed activity must obtain an individual state coastal zone management
consistency or waiver. Therefore, LSA Associates will submit an application for a Coastal Development Permit
(CDP) from the California Coastal Commission (CCC). The CCC requires that a mailing list, along with addressed
and stamped envelopes, for all owners and applicants within a 100 foot radius (not including the area within road
right of way) of the proposed project is included in the application. It is assumed that the City will pay the filing fee
for the CDP and the Section 401 notification directly. The size of these fees will be determined by the specific
impacts identified.
State. LSA Associates will prepare a Notice of Streambed Alteration for the California Department of Fish and
Game under Section 1602 of the California Fish and Game Code. It is assumed that the City will pay the filing fee
directly. According to the previous fee schedule, the filing fee for a streambed alteration agreement was
approximately $13,00.
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Task 3.3 Mitigation Plan
LSA Associates will prepare conceptual on -site mitigation measures in the vicinity of the project, with mitigation
consisting primarily of removal of exotic vegetation and enhancement or revegetation of the mitigation area(s) with
native vegetation. Based upon the results of the marine resources field surveys, and identified project impacts on
marine resources, Best Management Practices (BMPs) and construction minimization measures will be identified to
ensure that marine resources in the vicinity of the bridge retrofitting areas are protected.
Deliverables - Tasks 3.1 - 3.3
• Coastal Commission letter
• Coast Guard letter
• Section 404 (Clean Water Act) Permit
• Section 401 (Clean Water Act) Certification
• Section 9 (Rivers and Harbors Act) Permit
• Coastal Development Permit
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TASK 4.0 ENVIRONMENTAL ANALYSES: GOLDENROD PEDESTRIAN OVERCROSSING
Task 4.1 Project Initiation
Prior to the kick -off meeting, LSA Associates will review existing Information and prepare adraf t Preliminary
Environmental Study (PES) form per Caltrans Local Assistance Guidelines. The draft PES form will be discussed and
finalized at the kick - off /field meeting. The final PES form approved by Caltrans will define the environmental scope
of services including the technical studies and the level of the environmental document for the project.
Task 4.2 Technical Reports
LSA Associates will prepare the following technical reports for the project in support of the CE /CE:
Task4.2.1 Noise Impact Analysis
LSA Associates will prepare a noise impact analysis per City and Caltrans guidelines and requirements. The
technical study will present a description of the existing land uses, existing noise levels, and applicable Federal,
State (Caltrans), and City of Newport Beach guidelines, ordinances, and regulations.
Sample measurements of ambient noise will be performed by an acoustical specialist to document the existing
noise environment. The measured existing ambient noise levels will be used to assess whether a substantial
increase in noise level with project implementation would occur per Caltrans criteria. Short-term noise
measurements will be recorded at up to four (4) locations using noise level analysis /monitors to characterize
the motor vehicular noise environment. The appendix will include a presentation of noise fundamentals.
Because the proposed bridge improvements would not affect vehicular traffic, no traffic-related noise impact
would be evaluated.
Construction noise impacts from stationary and mobile equipment will be addressed. Noise and its impacts will
be discussed. Noise abatement measures designed to reduce noise impacts to acceptable noise levels will be
identified where necessary.
Task 4.2.2 Hazardous Waste Initial Site Assessment (ISA)
LSA Associates will prepare an ISA in accordance with Caltrans guidelines and in general accordance with the
American Society of Testing and Materials (ASTM) Designation E 1597 -00, Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process. The following tasks will be conducted as
part of this evaluation:
LSA Associates will conduct an agency records database search to identify hazardous waste sites located
within the ASTM radius of the project site and classified as hazardous waste under State law. The
records search will also identify business types located within the ASTM radius that store, transfer, or
utilize large quantities of hazardous materials. This information will be obtained from records
maintained by Federal, State and local agencies. LSA Associates will utilize a database service to
perform this search.
• Historic land use information for the Area of Potential Effects (APE) will be reviewed to determine
whether previous uses in the project area may have resulted in hazardous waste contamination. This
information includes historic aerial photographs, historic USGS maps, Sanborn Fire Insurance Maps,
Oil and Gas maps, available groundwater depth /Flow data, City directories, County Assessor's data, and
building permits.
• LSA Associates will conduct a visual survey of the APE via public right -of -way to identify any obvious
area of hazardous waste contamination. Access to private property or City right -of -way shall be
provided by the Lead Agency.
• If hazardous waste sites are identified within the APE (via governmental records and /or the visual
survey), LSA Associates will review available public records at the appropriate oversight agency to
determine the potential impact to the project.
• LSA Associates will prepare a report that presents findings and recommendations based on the site
survey and historical records review.
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Task 4.2.3 Biological Studies
A list of sensitive species that may be present in the project area will be compiled from the California Natural
Diversity Data Base and the California Native Plant Society electronic inventory. A letter requesting a list of
federally listed species potentially occurring within the project area will be sent to the United States Fish and
Wildlife Service (USFWS). A field survey will be conducted to assess the likelihood of these sensitive species
occurring on the project site and to identify other species and habitats within the project boundaries.
Concurrently, LSA Associates will complete a focused wetland determination according to the 1987 Corps of
Engineers Wetland Delineation Manual, the currently accepted methodology. This scope of work is for routine
delineation methods tailored to the site characteristics. Data on the three parameters that are used to identify
wetlands will be recorded on a wetland data sheet. Finally, LSA Associates will determine whether any
streambed and associated riparian areas are subject to review by the California Department of Fish and Game
(CDFG) under Sections 1602 of the Fish and Game Code. The purpose of these determinations will be to
ascertain whether the project will affect jurisdictional waters. A complete delineation of any affected waters Is
not included, since they are not expected to occur.
If there is a potential for the project to significantly impact biological resources, especially wetlands, or
endangered, threatened, or proposed species, LSA Associates will advise the City Immediately to discuss the
need for additional assessment. If there are no significant impacts, LSA Associates will prepare a Low Impact
Natural Environment Study (NES) report, according to Caltrans guidelines and procedures.
Task 4.3 Section 4(f) Evaluation
The Goldenrod Pedestrian Overcrossing crosses over the Bayside Drive Park. The park will be used for temporary
access to the pedestrian overcrossing bridge during construction of the project. Section 4(f) prohibits the use of
land from a publicly owned park, or recreational area by a federally funded transportation project unless certain
determinations can be made. As a publicly owned park, Bayside Drive Park falls under the requirements of
Section 4(f) of the Department of Transportation Act (49 U.S.C. 303) of 1966. Based on available information
regarding the proposed project, the project meets the criteria for a Programmatic Section 4(f) Evaluation.
Therefore, in compliance with Section 4(f), LSA Associates will prepare a Programmatic Section 4(f) Evaluation for
review and approval by Caltrans/FHWA to address temporary impacts to Bayside Drive Park.
Task 4.4 Air Quality
The proposed project is a retrofit project that will improve the safety of the existing bridge. Therefore, per Table 2
of 40 CFR 93.134, the proposed project is exempt from all emissions analyses. No air quality analysis is required.
Task 4.5 Cultural Resources
Task 4.5.1 Native American Consultation
LSA Associates will conduct Native American consultation with entities whose names will be provided by the
Native American Heritage Commission.
Task 4.5.2 Area of Potential Effects Map
LSA Associates will develop an Area of Potential Effects (APE) Map.
Task 4.5.3 Records Search
An archaeological and historical records review and literature search will be conducted through the South
Central Coastal Information Center of the California Historic Resources Information System (CHRIS). The
objective of this archival research will be: (1) to establish the status and extent of previously recorded sites,
surveys, and excavations In the APE, and (2) to note what site types might be expected to occur within the
proposed APE.
Task 4.5.4 Archeological Survey
Based on the records search, a systematic on -site pedestrian survey will be conducted to determine the
presence of archeological resources on previously unsurveyed property. Previously recorded sites within the
APE will be field checked, and existing site records will be updated consistent with the guidelines established by
the State Office of Historic Preservation (OHP).
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Task 4.5.5 Architectural Survey
An architectural survey will be conducted to: (1) determine the presence of buildings within the area of effect,
and (2) record those that require historic evaluation.
Task 4.5.6 Reports
Depending on the resultsof the archaeological and architectural surveys, various reports will be completed.
Following is a description of the reports LSA Associates anticipates the need to complete for this project.
Historic Property Survey Report (HPSR). This cover document for all cultural reports will be
completed. It is anticipated that both archaeological and architectural findings will be negative.
Therefore, this proposal is based on completing a negative HPSR.
Archaeological Survey Report (ASR). Following the archaeological survey, an ASR will be
completed. This report will discuss the findings of the records search and survey. It is anticipated that
archaeological findings will be negative.
• Historic Resources Evaluation Report (HRER). Because the Goldenrod POC is greater than
50 years old, an HRER with appended Bridge Evaluation Short Form will be completed.
Task 4.6 Draft Categorical Exemption (CE)
Based on the project being constructed primarily within existing City right -of -way (minor or no right -of -way
acquisitions required), requiring only minor alterations to existing street widths and not adding additional traffic
capacity (no new through traffic lanes), it is anticipated that the project can be covered under a CE for CEQA
(CEQA Guidelines Section 15301(c)). LSA Associates will prepare a CE for the project using standard City forms.
To conduct this task, LSA Associates will utilize preliminary geometric plans prepared by Dokken Engineering,
right -of -way maps and data from the City and /or other sources, as well as knowledge gained from the initial site
visit and information from any prior studies (if available) for recent projects in the area. The CE will address the
environmental topics determined to apply to the proposed project and provide sufficient discussion to indicate that
no significant environmental impacts would result from project implementation. Information from the technical
studies will be incorporated into the CE determination.
Task 4.7 Final Categorical Exemption (CE)
The Draft CE will be revised, if necessary, per comments received from the City. The Final CE will consist of the
revised Draft CE and the technical reports prepared for the project. LSA Associates will provide the City a master
copy of the document for City approval. Following approval of the Final CE, LSA Associates will file the CE with the
County Clerk's office and the State Office of Planning and Research, where it will be posted for a period of 30 days.
Task 4.8 NEPA Categorical Exclusion
Following approval of the technical studies by the City and Caltrans, LSA Associates will prepare a Categorical
Exclusion per NEPA requirements. The Categorical Exclusion, consisting of the approved CEQA CE and technical
study backup, will be submitted for approval by Caltrans and FHWA.
Deliverables - Tasks 4.1 - Task 4.8
• Preliminary Engineering Survey (PES)
• Noise Impact Analysis
• Hazardous Waste Initial Site Assessment (ISA)
• Natural Environment Study (NES)
• Programmatic Section 4(f) Evaluation
• APE Map
• Historic Property Survey Report (HPSR)
• Archaeological Survey Report (ASR)
• Historic Resources Evaluation Report (HRER)
• Draft and Final Categorical Exemption (CE)
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
TASK 5.0 DESIGN
Dokken Engineering will prepare the plans, specifications, and estimate (PS &E) for the seismic retrofit of the
San Diego Creek Bridges and the Goldenrod Pedestrian Over-crossing (POC).
Task 5.1 Geotechnical Investigation
Parikh Consultants will perform the required geotechnical investigations and prepare aGeot echnical Report in
accordance with Caltrans guidelines and procedures. One additional boring will be required at the southern
San Diego Creek bridge abutments. No additional borings will be needed at the Goldenrod POC. The proposed task
breakdown for this work is as follows:
Task 5.1.1 Permits /USA
Foundation investigations will comply with the City /County drilling permit requirements. Parikh Consultants will
field locate the boring and call for USA clearance.
Task 5.1.2 Field Exploration (San Diego Creek Bridges)
Parlkh Consultants will drill one boring to 100 feet. The exploration will provide an evaluation of subsurface
conditions at the south abutment. The boring location will depend upon the available access. A truck mounted drill
rig will be used. Traffic control by Parikh is anticipated and will conform to Caltrans lane closure standards.
Parikh Consultants will classify and continuously log subsurface soil conditions encountered in the test boring at the
time of drilling. They will obtain 'relatively undisturbed" and bulk sample of substrata from test boring. The
boring will be drilled and capped in accordance with the permit requirements from the City/County. Generally,t he
boring is required to be backfilled with cement grout. The drill cuttings will have to be drummed anddisposed of
off -site.
Task 5.1.3 Laboratory Testing (San Diego Creek Bridges) •
Parikh Consultants will perform laboratory tests on representative soil samples such as moisture density,
unconfined compression, gradation analyses, corrosion tests and Plasticity Index test, as necessary.
Task 5.1.4 Soils Analysis/ Evaluation
Parikh Consultants will prepare final geotechnical design recommendations for foundations and provide a final
foundation report. This will include design recommendations for foundation type and footing elevations, lateral
design capacities, pile foundation recommendations or spread footings,
The report will discuss seismic considerations, evaluate the liquefaction potential and comment on the site soil
conditions. Information related to Caltrans seismic design criteria (SDC V 1.2) such as depth to rock like material,
ARS Curves, etc. shall be provided.
Parikh Consultants will prepare two separate final foundation reports (one for Goldenrod POC and one for the
San Diego Creek bridges) and will prepare boring logs.
Deliverables — Task 5.1
Geotechnical Reports
Logs of Test Borings
Task 5.2 Plans, Specifications & Estimate (PS &E)
Dokken Engineering will prepare the PS &E with submittals scheduled for 65 %, 90 %, and 100 %.
Task 5.2.1 Preliminary Engineering
Dokken Engineering will perform preliminary engineering in support of the environmental documents. This
work will include all design work required to adequately scope the environmental documents and studies. The
work will include bridge general plans and selected portions of the various retrofit details. 0
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
10 City of Newport Beach
Task 5.2.2 65% Plans
Dokken Engineering will prepare the 65% plans. All plan sheets will be prepared in accordance with City and
Caltrans standards. The following plan sheets will be included in this submittal.
Deliverables - Task 5.2.2
PS &E - San Diego Creek Bridges
- General Plan (1 sheet)
- Utility Details (1 sheet)
- Bent Details (1 sheet)
- Abutment Details (1 sheet)
- Diaphragm Details (1 sheet)
- Miscellaneous Details (1 sheet)
- Environmental Mitigation Plan (1 sheet)
- Log of Test Borings (1 sheet)
• TOTAL OF 8 SHEETS
PS &E - Goldenrod Pedestrian Overcrossing
- General Plan (1 sheet)
- Bent Cap Details (1 sheet)
- Restrainer Details (1 sheet)
- Miscellaneous Details (1 sheet)
- Log of Test Borings (1 sheet)
TOTAL OF 5 SHEETS
A single common Title Sheet will alsobe prepared. These plans will be complete, but will not yet have
Isundergone an independent structural review (see Task 5.2.4).
Task 5.2.3 Utility Letter "B" Plans
Dokken Engineering will prepare draft transmittal letters to affected utility owners for City review and approval
prior to transmitting "B" Plans to utility owners. The "B" plans will show possible utility locations on the bridge
cross sections. Two sets of base maps or "B" Plans will be provided to each utility owner as an attachment to
the transmittal letter. The base plans will be clearly marked "B" Plans and the transmittal letter will clearly
identify this project as a City of Newport Beach project. All utilities in possible conflict will be highlighted with
possible options for relocation. Following return of the "B" Plans to Dokken Engineering, a meeting will be
scheduled with the utility companies to discuss relocation or protection in place of the impacted utilities.
Deliverables - Task 5.2.3
• Transmittal Letters
"B" Plans for determining relocation or protection
Task 5.2.4 900/6 PS &E
Dokken Engineering will prepare Plans for the 90% submittal. The 90% submittal will include a letter
addressing comments from the 65% plan submittal, the City's original comments (red -lined plans), and revised
plans. Dokken Engineering will also perform a complete independent structural analysis of the 65% Plans.
A detailed construction cost estimate and schedule of values per City standard will be revised.
Dokken Engineering will prepare Special Provisions based on Caltrans Standard Special Provisions and Caltrans'
Standard Specifications. The special provisions will encompass all aspects of the construction, including the
implementation of any mitigation measures and permit - related requirements. Specifications will be prepared in
Microsoft Word format with a copy on disk submitted to the City.
Deliverables - Task 5.2A
• Revised Plan Sheets
• Special Provisions
Engineer's Estimate
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges
City of Newport Beach
Task 5.2.5 100% PS &E
After review comments are received from the 90% PS &E, the Dokken Engineering Team will conduct a site visit
to walk through the construction of the project with the 90% plans in hand. During this visit, the team will
address any constructability Issues and look for items that require additional detail to stake orcon struct. The
City will be invited to attend this site visit.
The 100% submittal will include a letter addressing comments from the 90% submittal, the revised PS&E and
the plan set containing the 90% review comments.
The 100% submittal will include a letter addressing comments from the 90% plan submittal, the City's original
comments (red -lined plans) and revised PS &E
Deliverables - Task 5.2.5
100% PS &E
Task 5.2.6 Utility Letter °C" Plans
Dokken Engineering will prepare draft transmittal letters to affected utility owners for City review and approval
prior to transmitting "C" Plans to utility owners. The base plans will be clearly marked "C" Plans and the
transmittal letter will clearly identify this project as a City of Newport Beach project. Two sets of 100% plans
will be provided to each utility owner as an attachment to the transmittal letter. The letter will indicate to the.
utility owners that these are final plans and an explanation of changes since the "B" Plans will be provided. A
written confirmation of the utility relocations (or schedule to relocate) will be requested from the utility
companies. Dokken Engineering staff will also assist the City in preparation of utility agreements for relocation.
In the event any delays occur or the utility companies require City input, Dokken Engineering will notify the
City, in writing, of the circumstance.
Deliverables -Task 5.2.6
• Transmittal Letters
• "C" Plans
Preparation of Utility Agreements
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SCOPE OF WORK Seismic Retrofit of Goldenrod PUC and San Diego Creek Bridges'
0 City of Newport Beach
0
TASK 6.0 BIDDING ASSISTANCE
Dokken Engineering will provide assistance, as required, to the City during bidding of the project. This work may
include answering questions from prospective bidders, preparation of addenda to the PS &E during the
advertisement period, and providing consultation and Interpretation of the construction documents
TASK 7.0 CONSTRUCTION ASSISTANCE
Dokken Engineering will provide engineering assistance to the City during the construction of the project.
Construction assistance services will include:
• Attend pre- construction meeting
• Review and approve all required submittals and shop drawings
• Provide on -going consultation and interpretation of contract documents, as requested
• Review and comment on contract change orders
• Prepare plan revisions as necessitated by contract change order
• Site visits, as needed
• Prepare as -built drawings
TASK 8.0 CONSTRUCTION MANAGEMENT (OPTIONAL)
Dokken Engineering is available to provide full construction management services to the City, including: Quality
Assurance inspection, materials testing, independent assurance testing, field surveying and construction staking,
maintenance of project files, project scheduling, claims handling, contractor progress payment, environmental
monitoring, coordination with regulatory agencies, labor compliance, and public coordination.
TASK 9.0 GRAND CANAL BRIDGE DESIGN (OPTIONAL)
Dokken Engineering is available to provide full environmental, geotechnical, and design services for the retrofit or
replacement of the Grand Canal Bridge. The scope of work will be similar to the scope described above.
Page 15
'DOKKEN Engineering
CITY OF NEWPORT BEACH
• Seismic Retrofit Desig. Goldenrod POC and Son Olego Creek Bridges
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DEPARTMENT OF TRA
AUDITS AND INVESTIGATIONS
1304 O Street, Second Floor
P.O. BOX 942874
SACRAMENTO,
CA 94274 -0001
PHONE (916) 323 -7111
FAX (916) 323 -7123
0
9
October 7, 2004
Lloyd Dalton
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658
M HOUSING AGENCY �" Amold Sthworsene¢eer. Governor
ATION
Subject: Reduced Scope Evaluation — Do"-en Engineering
File: P1300 -0732
Dear Mr. Dalton:
) —0q
OtgCT ].2004
' � lhtUr�'w>ucrnntiv. �
R''- performed a reduced scope review of the draft Agreement No. BRLZ515(015) between City
of Newport Beach and Dokken Engineering. Based on -his reduced scope review, we determined
that a preaward evaluation is not required. However, nur review indicated the following
deficiencies in the proposed agreement:
• Th,.fe is no provision giving the State audit access.
There is no provision for the contractor to follow CFR 48, Chapter 1 Part 31 and CFR 49,
Part 18.
Please forward a copy of the executed agreement and other pertinent documents to Audits and
Investigations. If you have any questions, please do not hesitate to contact
Bob Storelli, Audit Manager, at (916) 323 -7877 or myself at (916) 323 -7105.
RAF. TWOMEY
Chief, External Audits
c: Local Assistance Engineer, District 12
qty of /Newport Beaq*
BUDGET AMENDMENT
2004 -05
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates X
�
X Increase Expenditure Appropriations AM
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 021
AMOUNT: $zsa,soo.00
'
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase revenue estimates and expenditure appropriations for Bridge Seismic Retrofit Project partially funded by
the Federal Highway Bridge Replacement & Rehabilitation program and by Gas Tax.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
180 3605 Gas Tax Fund Balance
250 3605 Contributions Fund Balance
REVENUE ESTIMATES (360 1)
Fund /Division Account Description
250 4880 Federal Highway Funds
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Signed:
Signed:
Approval: Administpfive Services
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$14,500.00
$240,000.00
* $63,853.00
$14,500.00
$176,147.00
" Automatic System Entry.
Date
/bate/
Date
11
Description
Division
Number
7181
Gas Tax
Account
Number
C5100695
Bridge Seismic Retrofit
Division
Number
7251
Contributions
Account
Number
C5100695
Bridge Seismic Retrofit
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Approval: Administpfive Services
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$14,500.00
$240,000.00
* $63,853.00
$14,500.00
$176,147.00
" Automatic System Entry.
Date
/bate/
Date
11
r
PROGRAM SUPPIMMNT NO. M013
to
ADMINISTBRING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 12 -5151
0
Date:January 10,2003
Location: 12- ORA- 0-NPTB
Project Number:BRLZ- 5151(015)
E.A. Number: 12402414
This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between
the Agency and the State on 05/21/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in
accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 2001
approved by the Agency on .days, 9I 200/ (See copy attached).
The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the
covenants or remarks setforth on the following pages.
PROJECT LOCATIONS
Bridges on Park Avenue over Grand Canal on Balboa Island, Jamboree Road over San Diego Creek, and Goldenrod Avenue POC over
Bayside Drive
TYPE OF WORK: Seismic retrofit
LENGTH: 0(MILES)
Estimated Cost
Federal Funds
Matching Funds
$140,000.00
BMTO $112,000.00
LOCAL
$0.00
SEIS MATCH
$28,000.00
OTIM
$O.00
CITY OP +RT �B�
STATE 08 CALIFORNIA
Departmenk of TranspO tion
r
/- BY r4.6t //
data 3 t� ��.wPORr thief, Office of Project Implementatic
Divis on o£ Local Assistance
Attest YU1Nk� =n g
Date o�
Title (( Gran
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbranae:
i
Accounting Offi r Date $140,000.00
Chapter statutes Item Year Prop Bc Category Fund Scarce AVAWW
379 2002 2660 -102 -042 2002 -2003 20.30.010.690 C 224060 042 -T 28,000.00
379 2002 2660 -102- 890 2002- 2003 20.30.010.690 C 224060 892 -F 112,000.00
Program Supplement 12- 5151 -M013- ISTEA Page 1 of 3
12- ORA- 0-NPTB . 01/10/2003
BRLZ- 5151(015)
SPECIAL COVENANTS OR REMA1tKa
1. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
3. All project repair, replacement and maintenance involving the
Physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTER
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
4. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A -133 if it receives
a total of $300,000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20.205,
Highway Planning and Research. OMB A -133 superceded OMB A -128 in
1996. A reference to OMS A -128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A -133.
5. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal -Aid Project
Authorization /Agreement or Amendment /Modification (E -76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
6. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. Failure to do so will cause a delay in
the State processing invoices for the construction phase. Please
refer to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
7. STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Program Supplement 12- 5151 -K013- ISTEA Page 2 of 3
,
12- ORA- 0-NPTB
BRLZ- 5151(015)
SPECIAL COVENANTS OR REMARKS
01/10/2003
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
8. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
9. The ADMINISTERING AGENCY will be responsible for developing the
structural and non - structural plans, specifications and
estimates(PS&E) and will be responsible for preparation of the
contract documents for advertisement, award and administration of
this project.
10.The ADMINISTERING AGENCY agrees to use local funds to match that
portion of the work not eligible for match under The State
Seismic Program.
Program SUVPIe t12- 5151 -H013- ISTBA Page 3 of 3
RESOLUTION NO. 2001 -?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DELEGATING AUTHORITY TO CITY MANAGER
TO APPROVE PROGRAM SUPPLEMENTS WITH CALTRANS FOR
LOCAL ASSISTANCE TRANSPORTATION PROJECTS
WHEREAS, the Legislature of the State of California has enacted legislation by which
certain Federal funds may be made available for use on local transportation facilities of public
entities qualified to act as recipients of these federal funds in accordance with the intent of
Federal law; and
WHEREAS, a certain amount of these funds has been apportioned to the City of
Newport Beach (the City), and City Council has appropriated these funds for certain street
improvement projects; and
WHEREAS, to receive the reimbursement of said funds the City is required to execute
the Administering Agency-State Agreement for Federal -Aid Projects, No. 12 -5151, as
adopted on May 21, 1997, and a Program Supplement Agreement for each specific project;
and
WHEREAS, Paragraph 5 of Article I, Project Administration, of the Master Agreement
allows a local agency governing body to delegate the authority to manage the Program
Supplements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport
Beach as follows:
SECTION 1. The City Manager be, and hereby is, delegated the authority to endorse
the individual Program Supplement Agreements to the Administering Agency -State
Agreement for Federal -Aid Projects.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED this 9th day of January 2001.
i
Mayor