HomeMy WebLinkAboutC-3927 - PSA for Newport Coast Drive and Pelican Hill Road North Right Turn LaneAMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RBF CONSULTING
FOR NEWPORT COAST AND
PELICAN HILL ROAD NORTH RIGHT -TURN IMPROVEMENTS
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this L�' day of j\oy Mme, 2007, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
RBF CONSULTING, a California Corporation, whose address is 14725 Alton Parkway,
Irvine, California, 92618 ( "Consultant'), and is made with reference to the following:
RECITALS
A. On April 10, 2007, City and Consultant entered into a Professional
Services Agreement, hereinafter referred to as "Agreement', for
engineering and planning services for the Newport Coast and Pelican Hill
Road North Right -Turn Improvement project for a not to exceed amount of
$100,000.00, hereinafter referred to as 'Project'. This Agreement is
scheduled to expire on December 31, 2007.
B. City desires to enter into this Amendment No. 1 to reflect additional
services not included in the Agreement and to extend the term of the
Agreement to June 30, 2008.
C. City desires to compensate Consultant for additional professional services
needed for Project.
D. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided herein below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for additional services performed
pursuant to this Amendment No. 1 according to "Exhibit A" dated October
22, 2007 attached hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimburseable items and subconsultant
fees, shall not exceed Twenty Eight Thousand Eight Hundred Dollars and
no /100 ($28,800.00)
3. The term of the Agreement shall be extended to June 30, 2008.
0
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By. A o'._ C .,v--
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
A
Attachment: Exhibit A
CITY NE ORT BEACH,
A M cl I orp ation
By:
Mayor
for the City of Newpo a
CONSULTANT:
By:
(Corporate officer)
Title: Sr: Vll e-/�estdcw
Print Name: ue 11"4
By:
(Fi ncial bfficer)
Title: l_l_&--C�T1 u,F- l� P f Fd
Print Name: J7Oc lGLRS J. jCR-e>'�c
f. \userslpbwlsharedlagreementslfy 07- 081rbf- newport coast - pelican hills right turn -amend 1.doc
is
TECHNICAL SCOPE OF WORK — EXHIBIT °A°
Dated October 22, 2007
This Amendment to the Newport Coast Drive (NCD)/ Pelican Hill Road North (PHRN) Right Turn
Improvement Project is for additional planning and engineering services in preparation of construction
documents for the Project. The services consist of designing an eight (8) foot wide landscaped and
irrigated median on Pelican Hill Road North, an ninety (90) foot long retaining wall, contour grading and
retaining wall profile, and new landscape lighting of existing palm trees on the northwest corner of the
project intersection.
RBF Consulting will perform the following task work in multiple phases in accordance with the
Professional Service Agreement executed on April 10,2007. All documentation will be as directed by
this amendment or consistent with City standards, and the standard plans and specifications for public
works construction.
The Task sequencing (numbering) is consistent with the numbering held in the original April 10t°, 2007
Agreement.
TASK 4- CONCEPT LAYOUT
4.2 Landscape Concept Design
RBF Consulting will develop landscape concept "Design Development Drawings" showing the proposed
landscape improvements, contour grading, retaining wall concept, planting scheme, and lighting concept
for the northwest Project parkway, comer. The drawings will also show the proposed landscaping for the
new eight (8) foot wide median on Pelican Hill Road North. This task will include one (1) design cross -
section.
The subtasks are as follows:
4.2.1 RBF will perform a site visit to review the existing lighting fixtures used on the southwest
corner of Pelican Hill Road North. It is assumed the HOA will provide record drawings for
the existing pedestal identifying the existing loads.
4.2.2 Design Development Drawings. RBF Consulting will prepare (1 " =20' scale) drawing
showing proposed landscape improvements, contour grading (1 — foot contour), and
planting scheme (as addressed per the City/ HOA August 29 meeting), and lighting concept
(fixtures and layout). In addition, the drawings will show the planting concept for the new
median.
The City and Master HOA approved Development Drawings will become the basis for the final PS &E
documents.
WF
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn .o... r� "o
Improvement Project, Newport Beach, CA AMENDMENT No. 1
0
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Product: 4.2.1 Research — One (1) Held visit to review electrical lighting system (New Task)
4.2.2 Design Development Drawings — (2 sheets) (New Task)
PHASE II — PLAN. SPECIFICATIONS. & ESTIMATE DESIGN
TASK 10 — PLAN, SPECIFICATIONS & ESTIMATE DESIGN — PS &E
RBF will prepare final design documents in accordance with the Original Professional Services
Agreement. RBF will provide additional services for grading, retaining wall, and electrical lighting as
follows:
10.6 Grading Plans — RBF will prepare grading plan at 1 -foot contour intervals for the project.
The grading plan will be prepared at 1 " =20' scale, illustrating the grade limits of the
northwest parkway. For budgetary purposes, the grading plan will include plan view layout
and design cross sections at a vertical scale of 1 " =4'. A new retaining wall of
approximately 5 -feet in retained height (top of footing to top of wall) on a spread footing
for a maximum length of 80 feet.
Product: 10.6.1 Grading Plan (1 " =20' scale) (1 sheet) (New Task)
10.7 Retaining Wall Design — RBF will prepare plan and details for the proposed retaining wall
using CALTRANS Retaining Wall Type 6 masonry block construction, Standard Plan 113-
11 of the 2006 Department of Transportation Standard Plans, May 2006. The anticipated
structural drawings for this project will include:
• General Structural Notes and Typical Structural Details
• Wall Profile
• Wall Sections
Structural Calculation will NOT he prepared for the wall design.
Product: 10.7.1 Retaining Wall Plan & Profile, and Sections (1 " =20' scale) (1 sheet) (New Task)
10.8 Electrical Lighting Plan — RBF will prepare an electrical lighting plan for the northwest
parkway including the following:
• A single line diagram
• Control diagrams
• Construction details of the lighting fixtures
• Panel schedules
• Voltage Drop Calculations
• Conduit /Wire sizing and routing
It is assumed that an electrical pedestal is available within 100 -feet of the site (service
metered correctly to the Master Home Owner Association, or other appropriate party)
and the pedestal is adequately rated to accommodate the additional load of the new
lighting fixtures. It is assumed the Owner will provide record drawings for the existing
pedestal identifying the existing loads.
Product: 10.8.1 Electrical Lighting Plan (Single line diagram, panel schedules, details — I
sheet) (Conduit and Wiring Plan —1 sheet) (New Task)
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn
Improvement Project, Newport Beach, CA AMENDMENT No. 1 `.. ""T�•
10 0
TASK 12 — LANDSCAPE AND IRRIGATION RESTORATION PLAN
RBF will prepare final design documents in accordance with the Original Professional Services
Agreement. RBF will provide additional design services for a new planting scheme, irrigation layout, and
incorporation of retaining wall details into the final design Landscape Plan.
The Landscape Plan will consist of layout of a new plant pallet for both the raised median on Pelican Hill
Road and the northwest parkway area into a single design plan. The plans will incorporate the approved
Design Development Drawings from task 4.2.2 and further develop the layout and details for final design.
Irrigation Plan, Legend, and details will be created for the new planting scheme. It is assumed the "spray
head" irrigation system will be the method of irrigation delivery. Service connections (water and
electrical) will be provided from eszsting connection points. Service connection relocations, if required,
will be included by a note on the improvement drawings, no separate metering and service connection
plan will be created. It is assumed water service for the new median on Pelican Hill Road will be
provided from an existing meter located within the City's parkway north of the project intersection.
Product. 12.2 Landscape Median & Parkway — Planting, and Irrigation (2 sheets) (New Task)
TASK 13 — SPECIFICATIONS AND BID DOCUMENTS
RBF will prepare Final Technical Special Provisions in accordance with the Original Professional
Services Agreement. RBF will incorporate additional design items approved by this amendment into the
Final Bid Documents specifications. All other items under this task shall remain in place.
Produce. 13.1 Master Project Specifications
TASK 14 — FINAL CONSTRUCTION QUANTIITES
RBF will prepare Final Construction Quantities and the Opinion of Costs as directed per the Original
Professional Services Agreement RBF will incorporate into the Final Construction Quantities and the
Opinion of Costs of the new design items as approved by this amendment. All other items under this
task shall remain in place.
Product: 14.1 Final Quantities and Cost Opinion
TASK 17 — MEETINGS
Consultant will attend meetings in accordance to the original agreement. RBF will attend two (2)
additional meetings to facilitate the new design elements.
Products: 17.1 Meeting Agenda, Attendance, and Minutes (2 additional meetings)
Consulting Services for Newport Coast Drive / Pelican VIII Road North Right Turn
Improvement Project, Newport Beach, CA AMENDMENT No. 1
0 0
ASSUMPTION/EXCLUSIONS
General
1. All other terms and conditions for this agreement shall remain in place.
2. No Geotechnical services are proposed. RBF will perform all structural calculations assuming
conservative bearing pressures and other code allowable parameters for basis of design.
3. RBF assumes an electrical pedestal, or metering for the landscape lighting and control panels are
available for use on this project. No new metering is included in this scope of work.
4. The City to provide Record Drawings of the Newport Coast Drive Parkway irrigation design
plans for the City maintained parkway and median.
5. The Master HOA to provide Record Drawings for "Common Area" landscaping (northerly and
southerly corners of Newport Coast Drive and Pelican Hill Road North) showing existing
irrigation, electrical, and drainage systems.
6. The HOA and City landscape plans will be combined as one (1) set with the street design plans.
No separate plans will be prepared
7. If the requested Record Drawings are not available, RBF will provide a new scope and fee for
work required to complete the design
8. Construction Support Services shall be provided on a time and material basis as directed per the
Original Professional Services Agreement
END OF SCOPE
AMENDMENT NO.1
MVINE2Wd 2UMOOnpdai311 01 05 6 3 8WdminlconancAAmendment No.1Vievised Amend 110-22-07WCD_PHR_scopeaddlmvl0-
22-07.doc
Consulting Services for Newport Coast Drive / PelicanHill Road North Right Turn •
Improvement Project, Newport Beach, CA AMENDMENT No. 1 .o.s "1..
10/22/2007
revised
f COMPENSATION - EXHIBIT "B" 10. 105638
C�N9IJ LTING
City of Newport Beach
Newport Coast Drive and Pelican Hill Road North
Right-Turn Movement Study - Amendment No. 1
No. of
Sheets
Total
Total
Phaserrask
Sub Task
Description
Shts
Hours
$
Phase 1
4.20
Landscape Concept Design
4.2.1
Research
24
$ 3,208
4.2.2
Design Development Drawings
2
32
$ 4,364
Phase 2
10.00
10.6.1
Grading Plan
1
26
$ 3,152
10.7.1
Retaining Wall Plan & Profile, and Sections
1
24
$ 4,036
10.8.1
Electrical Lighting Plan
2
40
$ 4,866
12.00
Landscape and Irrigation Restoration Plan
12.2
Landscape Median & Parkway - Planting, and Irrigation
1
30
$ 3,918
13.00
Specifications
13.1
Specifications
12
$ 1,856
14.00
Final Construction Quantities
14.1
Final Quantities and Cost Opinion
14
$ 1,992
17.00
Meetings
17.1
2- Additional Meetings
8
$ 1,408
TOTAL COST
7
210
$ 28, 6110
p:iadmiMcontrecnamendment no. llrevisad amend 1 10-22 -07Ncdyhr_add 1 feerev10.22 -07.x1s 1 10122/2007
•
•
NOV 13 11101
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
c��ia1
Agenda Item No. , 7_.
November 13, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Iris Lee
949 - 644 -3323 or ilee @city.newport- beach.ca.us
SUBJECT: NEWPORT COAST DRIVE AND PELICAN HILL ROAD NORTH RIGHT
TURN LANE — APPROVAL OF AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING
RECOMMENDATIONS:
1. Approve Amendment No. 1 to the Professional Services Agreement with RBF
Consulting, of Irvine, California, for additional engineering services at a not to
exceed price of $28,800 and authorize the Mayor and City Clerk to execute the
Amendment.
2. Approve a Budget Amendment appropriating $28,800 from the unappropriated
balance of the Measure M Tumback Fund to Account No. 7281- C5200974.
DISCUSSION:
On April 10, 2007, the City entered into a Professional Services Agreement with RBF
Consulting (RBF), to prepare final construction documents for the Newport Coast Drive
and Pelican Hill Road North Right -Turn Lane project for a not to exceed amount of
$100,000. Services under the Agreement included research, survey, layout, traffic
signal modifications, landscape and irrigation restoration, mapping, and pre -
construction services. In June 2007, RBF submitted preliminary design drawings that
proposed a non - decorative raised concrete median and short concrete retaining wall to
accommodate a wider radius at the northwest corner of Newport Coast Drive at Pelican
Hill Road North.
In an effort to enhance safety and preserve the aesthetics of the area, staff requested
RBF to prepare a proposal for landscaping design services. The additional services to
be performed under Amendment No. 1 include landscape and irrigation design for the
raised median and the northwest corner of the intersection and structural design of a
landscaped retaining wall.
Newport Coast and Pelican Hill Road *— Approval of Amendment No. 1 to
Professional Services Agreement with RBF Consulting
November 13, 2007
Page 2
RBF has proposed to provide the additional services as specified in Exhibit A of the
attached Amendment No. 1 at a not to exceed cost of $28,800 and would complete the
task in 30 days. The Amendment will also extend the term of the agreement with RBF
to June 30, 2008.
Environmental Review:
Engineering services are not projects as defined in the California Environmental Quality
Act (CEQA) Implementing Guidelines. CEQA documentation will be prepared for the
project and considered at the time of award.
Funding Availabilitv:
Upon approval of the recommended budget amendment sufficient funds will be
available in the following account for the project:
Account Description Account Number Amount
Newport Coast Drive at 7281- C5200974 $28,800
Pelican Hill Road North
Total $28,800
Prepared by:
ris
enior Civil Engineer
Attachment: Amendment No. 1
Submitted by:
KG. Badum
Works Director
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RBF CONSULTING
FOR NEWPORT COAST AND
PELICAN HILL ROAD NORTH RIGHT -TURN IMPROVEMENTS
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2007, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and
RBF CONSULTING, a California Corporation, whose address is 14725 Alton Parkway,
California, 92618 ("Consultant'), and is made with reference to the following:
RECITALS
A. On April 10, 2007, City and Consultant entered into a Professional
Services Agreement, hereinafter referred to as "Agreement ", for
engineering and planning services for the Newport Coast and Pelican Hill
Road North Right -Tum Improvement project for a not to exceed amount of
$100,000.00, hereinafter referred to as "Project ". This Agreement is
scheduled to expire on December 31, 2007.
B. City desires to enter into this Amendment No. 1 to reflect additional
services not included in the Agreement and to extend the term of the
Agreement to June 30, 2008.
C. City desires to compensate Consultant for additional professional services
needed for Project.
D. City and , Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided herein below.
NOW, THEREFORE, the parties hereto agree as follows:
Consultant shall be compensated for additional services performed
pursuant to this Amendment No. 1 according to "Exhibit A" dated October
22, 2007 attached hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimburseable items and subconsultant
fees, shall not exceed Twenty Eight Thousand Eight Hundred Dollars and
no /100 ($28,800.00)
3. The term of the Agreement shall be extended to June 30, 2008.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless,
City Clerk
Attachment: Exhibit A
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
(Corporate Officer)
Title:
Print Name:
(Financial Officer)
Title:
Print Name:
f:tusersNpbw\sharedlagreernentsW 07- 061rbf- newport coast- pelican hills right turn-amend 7.doc
TECHNICAL SCOPE OF WORK — EXHIBIT "A"
Dated October 22, 2007
UNDERSTANDING
This Amendment to the Newport Coast Drive (NCD)/ Pelican Hill Road North (PHRN) Right Turn
Improvement Project is for additional planning and engineering services in preparation of construction
documents for the Project. The services consist of designing an eight (8) foot wide landscaped and
irrigated median on Pelican Hill Road North, an ninety (90) foot long retaining wall, contour grading and
retaining wall profile, and new landscape lighting of existing palm trees on the northwest corner of the
project intersection.
RBF Consulting will perform the following task work in multiple phases in accordance with the
Professional Service Agreement executed on April 10`",2007. All documentation will be as directed by
this amendment or consistent with City standards, and the standard plans and specifications for public
works construction.
The Task sequencing (numbering) is consistent with the numbering held in the original April 10ib, 2007
Agreement.
TASK 4- CONCEPT LAYOUT
4.2 Landscape Concept Design
RBF Consulting will develop landscape concept "Design Development Drawings" showing the proposed
landscape improvements, contour grading, retaining wall concept, planting scheme, and lighting concept
for the northwest Project parkway corner. The drawings will also show the proposed landscaping for the
new eight (8) foot wide median on Pelican Hill Road North. This task will include one (1) design cross -
section.
The subtasks are as follows:
4.2.1 RBF will perform a site visit to review the existing lighting fixtures used on the southwest
corner of Pelican Hill Road North. It is assumed the HOA will provide record drawings for
the existing pedestal identifying the existing loads.
4.2.2 Design Development Drawings. RBF Consulting will prepare (1 " =20' scale) drawing
showing proposed landscape improvements, contour grading (1 - foot contour), and
planting scheme (as addressed per the City/ HOA August 29 meeting), and lighting concept
(fixtures and layout). In addition, the drawings will show the planting concept for the new
median.
The City and Master HOA approved Development Drawings will become the basis for the final PS &E
documents.
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn F"s" r ""
Improvement Project, Newport Beach, CA AMENDMENT No. 1
Product: 4.2.1 Research — One (1) Held visit to review electrical
4.2.2 Design Development Drawings — (2 sheets) (New
PHASE II — PLAN. SPECIFICATIONS. & ESTIMATE DESIGN
TASK 10 — PLAN, SPECIFICATIONS & ESTIMATE DESIGN — PS &E
0
system
RBF will prepare final design documents in accordance with the Original Professional Services
Agreement. RBF will provide additional services for grading, retaining wall, and electrical lighting as
follows:
10.6 Grading Plans — RBF will prepare grading plan at 1 -foot contour intervals for the project.
The grading plan will be prepared at 1 " =20' scale, illustrating the grade limits of the
northwest parkway. For budgetary purposes, the grading plan will include plan view layout
and design cross sections at a vertical scale of 1 " =4'. A new retaining wall of
approximately 5 -feet in retained height (top of footing to top of wall) on a spread footing
for a maximum length of 80 feet.
Product: 10.6.1 Grading Plan (1" =20' scale) (1 sheet) (New Task)
10.7 Retaining Wall Design — RBF will prepare plan and details for the proposed retaining wall
using CALTRANS Retaining Wall Type 6 masonry block construction, Standard Plan B3 -.
11 of the 2006 Department of Transportation Standard Plans, May 2006. The anticipated
structural drawings for this project will include:
• General Structural Notes and Typical Structural Details
• Wall Profile
• Wall Sections
Structural Calculation will NOT be prepared for the wall design.
Product: 10.7.1 Retaining Wall Plan & Profile, and Sections (1 " =20' scale) (1 sheet) (New Task)
10.8 Electrical Ughting Plan — RBF will prepare an electrical lighting plan for the northwest
parkway including the following:
• A single line diagram
• Control diagrams
• Construction details of the lighting fixtures
• Panel schedules
• Voltage Drop Calculations
• Conduit /Wire sizing and routing
It is assumed that an electrical pedestal is available within 100 -feet of the site (service
metered correctly to the Master Home Owner Association, or other appropriate party)
and the pedestal is adequately rated to accommodate the additional load of the new
lighting fixtures. It is assumed the Owner will provide record drawings for the existing
pedestal identifying the existing loads.
Product: 10.8.1 Electrical Ughting Plan (Single line diagram, panel schedules, details —1
sheet) (Conduit and Wiring Plan —1 sheet) (New Task)
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn IMF
Improvement Project, Newport Beach, CA AMENDMENT No. 1 "•�
TASK 12 — LANDSCAPE AND IRRIGATION RESTORATION PLAN
RBF will prepare final design documents in accordance with the Original Professional Services
Agreement. RBF will provide additional design services for a new planting scheme, irrigation layout, and
incorporation of retaining wall details into the final design Landscape Plan.
The Landscape Plan will consist of layout of a new plant pallet for both the raised median on Pelican Hill
Road and the northwest parkway area into a single design plan. The plans will incorporate the approved
Design Development Drawings from task 4.2.2 and further develop the layout and details for final design.
Irrigation Plan, Legend, and details will be created for the new planting scheme. It is assumed the "spray
head" irrigation system will be the method of irrigation delivery. Service connections (water and
electrical) will be provided from existing connection points. Service connection relocations, if required,
will be included by a note on the improvement drawings, no separate metering and service connection
plan will be created. It is assumed water service for the new median on Pelican Oil Road will be
provided from an existing meter located within the City's parkway north of the project intersection.
Product. 12.2 Landscape Median & Parkway — Planting, and Irrigation (2 sheets) (New Task)
TASK 13 — SPECIFICATIONS AND BID DOCUMENTS
RBF will prepare Final Technical Special Provisions in accordance with the Original Professional
Services Agreement. RBF will incorporate additional design items approved by this amendment into the
Final Bid Documents specifications. All other items under this task shall remain in place.
Product: 13.1 Master Project Specifications
TASK 14 — FINAL CONSTRUCTION QUANTUTES
RBF will prepare Final Construction Quantities and the Opinion of Costs as directed per the Original
Professional Services Agreement RBF will Incorporate into the Final Construction Quantities and the
Opinion of Costs of the new design items as approved by this amendment All other items under this
task shall remain in place.
Product. 14.1 Final Quantities and Cost Opinion
TASK 17 — MEETINGS
Consultant will attend meetings in accordance to the original agreement. RBF will attend two (2)
additional meetings to facilitate the new design elements.
Products: 17.1 Meeting Agenda, Attendance, and Minutes (2 additional meetings)
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn .o "a" r "o
Improvement Project, Newport Beach, CA AMENDMENT No. 1
ASSUMPTIONIEXCLUSIONS
General
1. All other terms and conditions for this agreement shall remain in place.
2. No Geotechnical services are proposed. RBF will perform all structural calculations assuming
conservative bearing pressures and other code allowable parameters for basis of design.
3. RBF assumes an electrical pedestal, or metering for the landscape lighting and control panels are
available for use on this project. No new metering is included in this scope of work.
4. The City to provide Record Drawings of the Newport Coast Drive Parkway irrigation design
plans for the City maintained parkway and median.
5. The Master HOA to provide Record Drawings for "Common Area" landscaping (northerly and
southerly corners of Newport Coast Drive and Pelican Hill Road North) showing existing
irrigation, electrical, and drainage systems.
6. The HOA and City landscape plans will be combined as one (1) set with the street design plans.
No separate plans will be prepared
7. If the requested Record Drawings are not available, RBF will provide .a new scope and fee for
work required to complete the design
8. Construction Support Services shall be provided on a time and material basis as directed per the
Original Professional Services Agreement
END OF SCOPE
AMENDMENT NO. I
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22-07.doc
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Improvement Project, Newport Beach, CA AMENDMENT No. 1 `....1�"°
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Ct' of Newport Beach 0
BUDGET AMENDMENT
2007 -08
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
Nx from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 08BA -022
AMOUNT: S26,soo.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations from Measure M Tumback unappropriated fund balance for a professional services
agreement contract amendment with RBF Consulting for the Newport Coast Drive and Pelican Hill Road North right turn
lane project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
280 3605 Measure M Tumback - Fund Balance
REVENUE ESTIMATES (3601)
Fund/Division Account Description
EXPENDITUREAPPROPRIATIONS (3603)
Signed: :?s— �� ( "-:
Financial Approval: Administrative ices Director
Signed:
Administrative Approv City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$28,800.00 .
$28,800.00
Date
Dat
Date
Description
Division
Number
7281 Measure M Tumback
Account
Number
C5200974 Npt Coast Dr /Pelican Hill Rd
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
. Number
Division
Number
Account
Number
Signed: :?s— �� ( "-:
Financial Approval: Administrative ices Director
Signed:
Administrative Approv City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$28,800.00 .
$28,800.00
Date
Dat
Date
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING
FOR NEWPORT COAST AND PELICAN HILL ROAD NORTH
RIGHT -TURN IMPROVEMENTS
THIS AGREEMENT is made and entered into as of this day of 4 r';
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and RBF CONSULTING, a California Corporation, whose address is 14725
Alton Parkway, Irvine, California, 92618 (,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 cant' 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 improve the intersection of Newport Coast Drive at Pelican Hill
Road North.
C. City desires to engage Consultant to study existing intersection conditions and
develop plans to improve the current geometries ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project shall be Brian
Anderson.
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 31 day of December, 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. The
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City may elect
discretion.
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to delete certain tasks of the Scope of Services at its sole
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.
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 One Hundred Thousand Dollars and no /100 ($100,000.00) 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 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.
4.2 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
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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.
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 Brian Anderson
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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Iris
Lee shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
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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
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.
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
the negligence, recklessness, or willful misconduct of the Consultant or 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 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 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.
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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, 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
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.
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 (10 calendar days written notice of non-
payment of premium) 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.
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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 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 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:
The 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
the 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.
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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 pr vided by this policy shall not be
canceled by either
4 p*arty" except after thirty (30} calendar days (10 calendar days
written notice of non - payment of premium) 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
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
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization 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
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compensation to Consultant or any other parry. 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.
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.
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 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.
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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
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
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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.
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:
Iris Lee, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3323
Fax: 949 - 644 -3318
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Brian Anderson
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618 -2027
Phone: (949) 330 -4145
Fax: (949) 472 -8373
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, and thereafter diligently take steps to cure
the default, the non - defaulting parry 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.
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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. 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.
34. 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.
35. 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.
36. 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.
37. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
for City A orney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Muaidoal Oo' ftration
Mayor
for the City of
CONSULTANT:
By:
orp rate Officer)
Title: / 4/zao✓T'
Print Name:_
By:
( ancidl Officer)
Title: EY- 6z_u 77 u r- V P. g cF6
Print Name: Z%A. ,LA-s J.. FAQST
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f AuserslpbvAsharedtagreementslfy 06.0Trbf- newport coast - pelican hill north.doc
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TECHNICAL SCOPE OF WORK— EXHIBIT "A"
Dated March 2007
PROJECT UNDERSTANDING
The project consists of preliminary review and investigation, and final PS &E of the right turn movement
from Newport Coast Drive (NCD) to Pelican Hill Road North (PHRN). Currently Newport Coast Drive
is sloping at a 6% longitudinal grade and transitioning out of a 2 % super elevation cross slope. Pelican
Hill Road joins Newport Coast at these grades and quickly transitions to a 2% crown section in
approximately 120 feet. Based on project understanding RBF will evaluate alternatives solutions to
improve the grades through this right turn movement, and provide a raised median along the left turn
pocket on Pelican Hill Road North to provide separation from the opposing traffic. Anticipated work
items:
• Research, Investigation and Field Review
• Utility Research/ Investigation and Coordination
• Topographic Survey
• Concept Layout
• PS &E Design
• Traffic Design
• Landscape and Irrigation Design
• Specifications and Bid Documents
• Final Construction Quantity Estimate
• Mapping, Legal Description and Exhibit
RBF Consulting will perform the task work as outlined below, in multiple phases. Phase I — Preliminary
Engineering/ Investigation, will study the existing conditions and define the project configuration. Phase
II — Plans, Specifications, and Estimate Design, will produce final design plans, specifications and
quantity estimate for NCD /PHRN to be publicly bid for construction in accordance with the City of
Newport Beach procedures. All documents will be consistent with the approving agencies, and the
standard plans and specifications for public works construction.
TASK 1— RESEARCH, INVESTIGATION and FIELD REVIEW
Consultant will perform research and review of available data for use and reference for the preparation
of the Concept Layouts and P,S &E design. Tasks include:
Perform a field review of the site to verify record drawings including:
• Photo log of key project items
• Intersection lighting and signalization
• Signing and pavement delineation
• Utility locations
• Landscape and Irrigation Review
• Traffic Signal System
Consulting Services for Neatport Coast Drive / Pelican Hill Road North Right Turn CeN
Improvement Project, Newport Beach, CA
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• Research existing public records to determine:
• Size and location of utilities
• Review existing traffic studies, and environmental documents
• Research existing record drawing data and compare with field visit
Product. 1. Data Collection\ Field Review
TASK 2 - UTILITY RESEARCIVINVESTIGATION AND COORDINATION
2.1 Utility Research
Consultant will research and identify existing utility records within the project limits from available
information. Compile information in a matrix format to include dates of notification, persons/utility
notified and responses from utility.
Utilities to be notified will include:
Southern California Edison (SCE)
The Gas Company
Telephone Company
CATV
Water and Sewer Districts
USA DigAlert
2.2 Utility Notifications
Consultant will request utility information from utility companies within the project limits concurrent
with commencement of design. Forward plans to utility companies throughout the design development
for their use in planning relocations. Prior to project bidding, transmit notice to relocate (on City
letterhead) and approved project improvement plans to utility companies. Maintain comprehensive
project utility correspondence files provided by utility company.
2.3 Utility Project Team Meetings
Consultant will attend regular Project Team Meetings with City staff, utility companies and other
participating agencies.
Product. 1. Utility Coordination Services
TASK 3- TOPOGRAPHIC SURVEY
3.1 Topographic Survey
RBF will perform a field topographic Survey of Newport Coast Drive for 300 linear feet northerly and
150 feet southerly of the intersection with Pelican Hill Road North and Pelican Hill Road North for 300
feet from its ECR at Newport Coast Drive in Newport Beach, California. Topography will be performed
under the direct supervision of a licensed Land Surveyor and shall include obtaining locations, elevations
and descriptions of:
• Curbs, gutters and driveways
• Median curb
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn
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Improvement Project, Newport Beach, CA = _
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• Walls and retaining walls
• Edges of paving, AC berms and roadway surfaces, including all grade breaks
• Manholes
• Survey street centerline monuments within the project area
• Buildings
• Major signs
• Power poles, streetlights, and traffic signals
• Tree with trunks diameters greater than six inches
• Above ground utility structures and surface features
• Tops and toes of slope
• Grade breaks and natural ground
Topography will extend to the back of walk or street right -of -way. Survey control points will be provided
with the field notes.
The basis of horizontal control will be the North America Vertical Datum of 1929 (NAVD29)
All field topography will be collected electronically for data processing.
3.2 Data Processing
RBF will process all topography data in AutoCAD LDD2i. 1- inesstyles will be conventional. Text
annotation will be stored in layers separate from the graphic elements. An AutoCAD file, layering,
linestyle and color specification will be provided, if requested.
The finished topographic map will include the basis of horizontal and vertical control, North arrow, date
of survey, Crew chief review, notes and details.
Deliverables will include field notes and digital files formatted in AmoCAD. Electronically formatted
files can be E- mailed to the Client if requested.
The following notes will appear on the finished Topographic Survey:
"Underground Utility Note:
This TopographicSurvey has been conducted in accordance with accepted industry standards. Unless
otherwise indicated, only above ground utility appurtenances were located by Survey methods. Any
underground utilities shown on this Topographic Map have been reproduced from records supplied by
others and have not been verified for line and grade in any way during the course of this Survey. Other
utilities may exist on this site that were not part of the project scope of work and are, therefore, not
shwon on this Topographic Map."
Product:
1. Topographic Field Survey
2. Topographic Survey Data Processing
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn "o _
Improvement Project, Newport Beach, CA
r
TASK 4 - CONCEPT LAYOUT
RBF will develop a concept layout of the right -turn movement for this northwest curb return. The layout
will show (2) alternative roadway configurations and cross sections to evaluate potential improvements
and help identify the utility, landscaping, and drainage and traffic device impacts. The concept layouts
will be developed from existing record drawing information, as provided from the City, and will be used
to calculate an "order of magnitude" construction cost estimate for each of the developed concepts.
These concepts will be presented to the City and other parties as directed by the City for evaluation. The
preferred concept will be used to develop the final PS &E documents.
1. Concept Layout Plans (two alternatives) scale 1 " =20'
2. Roadway cross - section (through the curb return) scale 1 " =20' horiz ; 1 " =5' vert
(Tasks 5 thru 9 not used)
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn
MF
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Improvement Project, Newport Beach, CA
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PHASE II — PLAN. SPECIFICATIONS. & ESTIMATE DESIGN
TASK 10 — PLAN, SPECIFICATIONS, & ESTIMATE DESIGN- PS &E
Preparation of final plans will commence upon concurrence and approval of the Concept Layout work.
The following is a listing of plan sheets with corresponding scale:
'I ASK NO.
10.1
PLAN DESCRIPTION
Title Sheet (1 sheets)
SCALE
NIA
10.2
Index Map and Sheet Index (1 sheet)
N/A
10.3
Construction Notes/Details (2 sheets)
N/A
10.4
Roadway Plan/Profile/Demo/Drainage Plan (2
sheet
1 " =20' h; 1 " =4'v
10.5
Typical Cross Sections (1 sheet)
Varies
11.1
Signing/Striping Plans (1 sheet)
1 " =40'
11.2
Electrical — Traffic/Pedestrian Signal Plans (one
modified signal) (2 sheets)
1 " =20'
11.3
Stage Construction/Traffic Handling Plans
3 sheets
1 " =40'
12.1
Landscape Restoration Plan (2 sheet)
1 " =20'
Total: 15 Sheet Count
All plan types will be completed in conformance with current design and drafting standards for the City
of Newport Beach. Plans will be submitted in final (100 %) PS &E and final PS &E resubmittal deliverable
packages. A drawing list of each package is provided at the end of this section.
A detailed discussion of selected tasks to be performed in the development of the plan sheets listed above
is provided as follows:
10.4 Roadway Plan/Profile/Demo /Drainage Plan
RBF will prepare a roadway Plan and Profile plan including demolition and modifications of existing
drainage features. The plan scale will be 1 " =20' horizontal and 1 " =4' vertical.
Roadway plans will show plan view of the proposed improvements, profile of top -of -curb for the median
and parkway curb, curb return quarter points, cross section locations, roadway width, easement locations
and property limits.
Demolition will identify locations and limits of features to be removed, salvaged, or protected in place
within the work area. Approval from the City will verify disposition of all identified items.
Drainage system modifications required due to the expected relocation of existing drainage facilities
within the project intersection. The expected work includes reconstruction of the curb inlet on Pelican
Hill Road and a new interception drain to intercept the "high -side" nuisance flow within Newport Coast
Drive. The proposed improvements will not divert existing surface run -off, therefore a detailed hydraulic
4k:.- MF
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn
Improvement Project, Newport Beach, CA oo «s.1 1N"
analysis is not expected or proposed in this scope of work. The conveyance system design for this project
will include lateral, catch basin, and mainline profiling, and detailing.
Product: 1. Roadway Plan/Profile Demolition and Drainage Plan (2 sheets)
TASK 11— TRAFFIC DESIGN
11.1 Signing and Striping Plans —Newport Coast Drive and Pelican Hill Road North
Consultant will prepare signing and striping plans associated with the proposed roadway improvements at
the intersection of Newport Coast Drive and Pelican Hill Road North.
The signing and striping plans will identify existing signs and striping, and installation of regulatory,
warning, and guide signs, and striping modifications in relation to the roadway improvements and
installation of the traffic signal systems.
Signing and striping plans will be prepared at 1" = 40' scale and in accordance with standards set forth by
the City of Newport Beach and Caltrans.
Product: 1. Signing and Striping Plans (1 Sheet)
11.2 Traffic Signal and Intersection Lighting Plan Modification Plan
Consultant will prepare traffic signal and intersection modification lighting plan associated with the
proposed intersection improvements at Newport Coast Drive and Pelican Hill Road North.
The traffic signal and intersection lighting modification plan will be prepared at 1 " =20' scale and in
accordance with standards set forth by the City of Tustin and Caltrans. If required a traffic signal detail
sheet will be included showing traffic signal equipment details.
Product: 1. Traffic Signal and Intersection Lighting Plans (1 Sheet)
2. Detail Sheet (1 Sheet)
11.3 Stage Constructiow'Traffic Handling Plans — Newport Coast Drive and Pelican Hill Road North
Consultant will prepare stage construction/traffic handling plans for the following roadway segment:
Newport Coast Drive at Pelican Hill Road North Intersection Improvements
The plans will be prepared for the following anticipated improvements. These are:
Curb /roadway improvements
Raised median improvements
The stage construction/traffic handling plans will utilize accepted methods of lane closure delineation,
signage and barricading. Specific work areas will be protected from traffic based on the construction
phase, type of work and construction equipment required within the work area. The plans will be
designed to maximize lane usage for all traffic movements, maintain pedestrian access routes, and
provide a workable area. The plans will be prepared at a 1 " =40' scale.
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn
Improvement Project, Newport Beach, CA
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Consultant will meet with City of Newport Beach staff to discuss the proposed construction staging,
minimum lane requirements, vehicle /pedestrian restrictions, lane closures, construction work hours,
construction work area required, and potential constraints that may affect the proposed improvements.
The stage construction/traffic handling plans will be prepared based on the requirements set forth in the
2006 California Manual on Uniform Traffic Control Devices (MUCTD), the City of Newport Beach, and
Caltrans 2006 Standard Plans and Standard Specifications.
Based on the proposed improvements, it is estimated that one (3) sheet will be required.
Consultant will also prepare project specifications and engineer's quantity and construction cost estimates
for stage construction/traffic handling.
Product: 1. Stage Construction/Traffic Handling Plans (3 Sheet)
TASK 12 — LANDSCAPE AND IRRIGATION RESTORATION PLAN
Consultant will prepare landscape construction documents at I " =20' depicting the proposed irrigation
and planting restoration improvements. Plans will be prepared in AutoCAD, on electronic copies of base
sheets prepared by RBF under separate task. Expected improvements will be replacement or restoration
of "in- kind" plantings within the work limits and repair and restoration of the existing irrigation system.
Plans will be prepared in sufficient form and detail to facilitate approval, bidding, and construction.
Product: 1. Landscape and Irrigation Restoration Plans (2 sheets)
TASK 13 - SPECIFICATIONS AND BID DOCUMENTS
13.1 Final Technical Special Provisions
Consultant will prepare the Final Technical Special Provisions portion of the Construction Specifications
and Contract Documents suitable for public bidding and awarding of the Contract. Specifications will be
prepared in accordance with the City of Newport Beach approved format. Comments from the City from
prior submittals will be incorporated into the subsequent Special Provisions submittals. These special
provisions will be incorporated into the City's standard construction document package. The City will
provide Consultant with City of Newport Beach standard "boiler plate" construction document for use in
the preparation of the bid specification.
13.2 Storm Water Pollution Prevention Plan (SWPPP) Specifications
Consultant will develop a Storm Water Pollution Prevention specification to provide an outline for the
Contractor to develop Storm Water Pollution Prevention Plans (SWPPP). The SWPPP identify
anticipated construction -phase BMPs to reduce storm water pollution, such as, identifying potential
pollutants, appropriate erosion control, sediment control, non -storm water, waste management and
tracking control BMPs that should be implemented to reduce-or eliminate discharges of storm water
pollutants.
Product: 1. Master Project Specifications and Diskette in Microsoft Word.
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn
GON9 V LTING
Improvement Project, Newport Beach, CA
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TASK 14 - FINAL CONSTRUCTION QUANTITY AND COST ESTIMATE
Provide engineering services for the preparation of a Final Quantity and an opinion of probable Cost
Estimate for this project. Quantities will be prepared for the Final submittals. Unit costs will be based
upon the most current cost information for recent similar project in the area compiled by the Consultant
and approved by the City.
Products: 1. Final Quantities and Cost Estimate
2. Quantity Back -up Calculations
TASK 15 - MAPPING, LEGAL DESCRIPTIONS AND EXHIBITS
Consultant will prepare one (1) legal description and exhibit plat covering proposed street right -of -way
acquisition parcel(s) based on final construction drawing right -of -way requirements lying within Orange
County Assesor's Parcel No. 473- 031 -15.
Products:
1. Legal Description (1 orig.)
2. Plat Exhibit (1 orig.)
TASK 16 - PROJECT MANAGEMENT/ PROJECT COORDINATION
16.1 Project Management and Administration
Consultant will supervise, coordinate, monitor and review design for conformance with City standards,
policies and procedures.
Consultant will coordinate with Client and appropriate agencies to facilitate project delivery.
Management support shall be provided to facilitate resolution of project design scope and scheduling.
Consultant will coordinate, monitor and review all work as to the conformance with project design scope,
schedule, and deliverables. Consultant will coordinate subconsultant invoicing, and progress payments.
Products: 1. Project Management/Project Coordination Services
2. Other Project Documentation as Appropriate
TASK 17 — MEETINGS
Consultant will attend meetings, prepare agendas and prepare meeting notes for distribution to the
project team members. It is anticipated that meeting notes will be distributed by e-mail and that a final
hard copy version will be provided to the Client for their files. All meetings will be tracked separately
from other items of work. Tasks covered will include agenda preparation, meeting attendance, meeting
minutes and distribution of said items.
Products: 1. Meeting Agenda, Attendance, and Minutes (3 meetings)
TASK 18 — CONSTRUCTION SUPPORT SERVICES
Consultant will provide construction support services, such as, review of written RFI's and general
consultation. These services will be provided on a time and materials basis. The budget for this item is an
WF
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn �ora� r�G
Improvement Project, Newport Beach, CA
estimate of expected services. RBF will notify the City in writing if services are within 75% of the
budgeted fee.
Product. 1. Construction Support Services (Time and Materials)
TASK 19 - EXPENSES
Reimbursable expenses will be billed on a monthly basis. A processing fee of 5% will be added to all
subconsultant and reimbursable expenses. Reimbursable expenses include, mileage, reprographics,
courier deliveries, and express mailings.
SCOPE ASSUMPTIONS/EXCLUSIONS
GENERAL
• The Newport Coast Drive / Pelican Hill Road North scope has been established assuming public
bidding process.
• Public meetings\ Community Outreach services and corresponding exhibits and graphic materials
can be provided under separate amendment to this scope of work
Engineering Support during Construction, Construction Management and Inspection Services
can be provide as an amendment to this scope of work
ENVIRONMENTAL ASSESSMENT
• Environmental Clearances can be provided as an amendment to this scope of work
GEOTECHNICAL
• No Geotechnical services are provided in this scope of work
TRAFFIC ANALYSIS / MODELING
• No Traffic Analysis/Modeling services are provided in this scope of work
• No Signal Timing or interconnect plans are provided in this scope of work
MATERIAL TESTING/ PAVEMENT DESIGN
• No Material Testing and Pavement Design services are provided in this scope of work
UTILITIES
• This study will provide an initial investigation of known utilities. Pot -hole investigation, utility
notifications and further coordination of utility work can be provided under separate amendment
to this scope of work
CITY RESPONSIBILITIES
1. City will provide access to the site.
2. City to provide any and all indemnifications, abatement, disposal or other actions required by local,
state or federal law regarding hazardous materials.
3. City will pay all governmental fees and costs.
4. City will provide all environmental clearances and documentation for the project.
5. City will secure all rights -of -entry and right -of -way necessary.
..
Consulting Services for. Newport Coast Drive /Pelican Hill Road North Right Turn .o.•.���
Improvement Project, Newport Beach, CA
6. City will provide all available information including:
• Geotechnical reports
• Base mapping
• Aerial Topography
• Traffic/ Modeling Data
• Pavement Design/ Traffic Indexing Data
• EIS/EIR Report Data (if applicable)
END OF SCOPE
COocuments and Settings \BANDERSON \Desktop�Newport Beachlpr walWCD —PHR_scopewvl.doc
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn
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Improvement Project, Newport Beach, CA
311812007
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C C N 5 U LTI N G COMPENSATION - EXHIBIT "B"
City of Newport Beach
Newport Coast Drive and Pelican Hill Road North
Right -Tum Movement Study
No. of
Sheets
Total
Total
PhaserTask
Sub Task
Description
Shis
Hours
S
Phase 1
1.00
Research, Investigation and Field Review
30
$ 4,182
2.00
11.1tility Researchl Investigation and Coordination
20
$ 2,768
3.00
Topographic Su
32
$ 5,676
4.00
Concept Layout 35% deal
35
$ 4,985
Phase 2
10.00
PS &E Design
10.1
Title Sheet
1
16
L 1988
10.2
Index Ma and Sheet Index
1
21
i 2.784
10.3
Conabucticn Notes? Details
2
93
4440
10.4
R PlanfProNe Dem Plan
10.5
T Crow Sections
i
26
3 16
11.00
Traffic Des? n
11.1
S' ni Sbi Plan
1
24
$ 3,368
11.2
Traffic S nal and Intersection L MI Plan
2
57
7,002
1143
Stage Construct Traffic Handling Plan
3
671
8,864
12.00
Landscape and Irrigation Restoration Plan
2
60
$ 8,144
13.00
S dicatlons and Bid Documents
44
6,346
14.00
Final Construction Quantity Estimate
24
$ 3,422
15.00
Mapping, al Description and Exhibit
30
$ 4,226
16.00
lProlect Manapirmant
32
$ 6 .022
17.00
Meetings
12
$ 2,112
16.00
lConstmation Support Services [RudgpitaryT&M Basis
28
$ 4,198
SUBTOTAL
1
15
655
$ 92951
n royal
261
S 3,848
TOTAL PROFESSKMIAL
3ERVICF-5
1 15
681
S 96,797
Reimbursebles
1 i 2,500
TOTAL COST
i5l
6811
S 99,297
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• CITY OF NEWPORT BEACH I
CITY COUNCIL STAFF REPORT
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•
Agenda Item No. 6
April 10, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Iris Lee
949 -644 -3323 or ilee @city.newport- beach.ca.us
SUBJECT: NEWPORT COAST DRIVE AND PELICAN HILL ROAD NORTH -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF
CONSULTING
RECOMMENDATIONS:
1. Approve a Professional Services Agreement with RBF Consulting of Irvine,
California for providing engineering services for the Newport Coast Drive at Pelican
Hill Road North Right -Tum Improvement project for a not -to- exceed price of
$100,000.00. Authorize the Mayor and City Clerk to execute the Agreement.
2. Approve a Budget Amendment appropriating $100,000 from the unappropriated
balance for Measure M Tumback funds into Account No. 7281- C5200974.
DISCUSSION:
On February 2, 2007, a traffic accident involving a cement truck rollover occurred at the
northwest comer of the Newport Coast Drive at Pelican Hill Road North intersection. In
response to the accident, City staff has requested RBF Consulting to submit a proposal
to provide engineering design services for the preparation of intersection improvement
plans. Based on an initial assessment, the project could consist of widening the
southbound right -turn lane on Newport Coast Drive, reconstructing the roadway grades,
and adding a raised median on Pelican Hills Road North to provide for separation of
opposing traffic.
RBF has proposed a two -step process for this project. The first phase of work will be to
prepare a conceptual layout stage, where two alternative roadway configurations will be
provided for evaluation. The second phase will include selecting the best alternative
and developing construction plans, specifications and cost estimates (PS &E), as
outlined in the Scope of Services to the Professional Services Agreement (PSA)
attached hereto.
Newport Coast DOW Pelican Hill Road North Study — Approval of Pueonal Services Agreement with RBF
April 10, 2007
Page 2
Upon completion of the first phase, the work scope will be further refined. The not -to- •
exceed fee of $100,000 includes research, field review, topographic survey, conceptual
layouts, PS &E design, construction documents, landscape plans, mapping, and
reimbursable expenses. Construction of the selected alternative will need to be
budgeted upon finalization of the plans and specifications.
Environmental Review.
Engineering design services are not a project as defined in the California Environmental
Quality Act (CEQA) Implementing Guidelines. However, an environmental review and
the appropriate documentation will be prepared after the scope of construction work
has been finalized.
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds are available
in the following account for the project:
Account Description
Newport Coast Drive and
Pelican Hill Road Study
Prepared by:
Iris Lee, P.E.
Associate Civil Engineer
Attachment: . Professional Services
Account Number Amount
7281- C5200974 $100,000
Submitted
Total: $100,000
Badum
s Director
0
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PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING
• FOR NEWPORT COAST AND PELICAN HILL ROAD NORTH
RIGHT -TURN IMPROVEMENTS
THIS AGREEMENT is made and entered into as of this _ day of
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and RBF CONSULTING, a California Corporation, whose address is 14725
Alton Parkway, Irvine, California, 92618 ( "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 improve the intersection of Newport Coast Drive at Pelican Hill
Road North.
C. City desires to engage Consultant to study existing intersection conditions and
develop plans to improve the current geometrics ( "Project").
. D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project shall be Brian
Anderson.
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 31 day of December, 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. The
43
4.
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
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. •
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 subconsu(tant fees, shall not
exceed One Hundred Thousand Dollars and no /100 ($100,000.00) 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 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.
4.2 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
2
•
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.
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 Brian Anderson
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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Iris
Lee shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
3
7
A
0 •
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.
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
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.
HOLD HARMLESS 0
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
4
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
the negligence, recklessness, or willful misconduct of the Consultant or 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 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 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 constifute 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.
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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.
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
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.
D. Coverage Requirements.
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 (10 calendar days written notice of non-
payment of premium) 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 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 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:
i. The 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
the 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.
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.
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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 (10 calendar days
written notice of non - payment of premium) 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
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
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City.. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization 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
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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.
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.
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 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.
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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.
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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
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
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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.
is 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:
f�
Iris Lee, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3323
Fax: 949 -644 -3318
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at: •
Brian Anderson
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618 -2027
Phone: (949) 330 -4145
Fax: (949) 472 -8373
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, 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 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.
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31.
32.
33.
34.
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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.
INTERPRETATION
The terms of this Agreement shall
of the language used and shall n
reason of the authorship of the
which might otherwise apply.
AMENDMENTS
be construed in accordance with the meaning
of be construed for or against either party by
Agreement or any other rule of construction
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.
35. SEVERABILITY
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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.
36. 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.
37. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
oror Clty A omey
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
By:
(Corporate Officer)
Title:
Print Name:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f:lusers\pbw\shared\agreements \fy 06- 07\rbf- newport coast- pelican hill north.doc
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idProject Work Plan — Newport Coast Drive/ Pelican Hill Road North
Right Turn Improvement Project
•
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TECHNICAL SCOPE OF WORK — EXHIB_IT "A"
Dated March 2007
PROTECT UNDERSTANDING
The project consists of preliminary review and investigation, and final PS &E of the right turn movement
from Newport Coast Drive (NCD) to Pelican Hill Road North (PHRN). Currently Newport Coast Drive
is sloping at a 6% longitudinal grade and transitioning out of a 2% super elevation cross slope. Pelican
Hill Road joins Newport Coast at these grades and quickly transitions to a 2% crown section in
approximately 120 feet. Based on project understanding RBF will evaluate alternatives solutions to
improve the grades through this right turn movement, and provide a raised median along the left turn
pocket on Pelican Hill Road North to provide separation from the opposing traffic. Anticipated work.
items:
• Research, Investigation and Field Review
• Utility Research/ Investigation and Coordination
• Topographic Survey
• Concept Layout
• PS &E Design
• Traffic Design
• Landscape and Irrigation Design
Specifications and Bid Documents
• Final Construction Quantity Estimate
• Mapping, Legal Description and Exhibit
RBF Consulting will perform the task work as outlined below, in multiple phases. Phase I — Preliminary
Engineering/ Investigation, will study the existing conditions and define the project configuration. Phase
II — Plans, Specifications, and Estimate Design, will produce final design plans, specifications and
quantity estimate for NCD/PHRN to be publicly bid for construction in accordance with the City of
Newport Beach procedures. All documents will be consistent with the approving agencies, and the
standard plans and specifications for public works construction.
TASK 1— RESEARCH, INVESTIGATION and FIELD REVIEW
Consultant will perform research and review of available data for use and reference for the preparation
of the Concept Layouts and P,S &E design. Tasks include:
Perform a field review of the site to verify record drawings including:
• Photo log of key project items
• Intersection lighting and signalization
• Signing and pavement delineation
o Utility locations
• Landscape and Irrigation Review
• Traffic Signal System
Consulting Services for Newport Coast Drive /Pelican can
Hill Road North Right Turn
Improvement Project, Newport Beach, CA
• 0
• Research existing public records to determine:
o Size and location of utilities
o Review existing traffic studies, and environmental documents
o Research existing record drawing data and compare with field visit
Product: 1. Data Collection\ Field Review
TASK 2 - UTILITY RESEARCHANVESTIGATION AND COORDINATION
2.1 Utility Research .
Consultant will research and identify existing utility records within the project limits from available
information. Compile information in a matrix format to include dates of notification, persons/utility
notified and responses from utility.
Utilities to be notified will include:
Southern California Edison (SCE)
The Gas Company
Telephone Company
CATV
Water and Sewer Districts
USA DigAlert
2.2 Utility Notifications .
Consultant will request utility information from utility companies within the project limits concurrent
with commencement of design. Forward plans to utility companies throughout the design development
for their use in planning relocations. Prior to project bidding, transmit notice to relocate (on City
letterhead) and approved project improvement plans to utility companies. Maintain comprehensive
project utility correspondence files provided by utility company.
2.3 Utility Project Team Meetings
Consultant will attend regular Project Team Meetings with City staff, utility companies and other
participating agencies.
Product: 1. Utility Coordination Services
TASK 3- TOPOGRAPHIC SURVEY
m Topographic Survey
RBF will perform a field topographic Survey of Newport Coast Drive for 300 linear feet northerly and
150 feet southerly of the intersection with Pelican Hill Road North and Pelican Hill Road North for 300
feet from its ECR at Newport Coast Drive in Newport Beach, California. Topography will be performed
under the direct supervision of a licensed Land Surveyor and shall include obtaining locations, elevations
and descriptions of-
Curbs, gutters and driveways .
Median curb
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Consulting Services for Newport Coast Drive /Pelican HIII Road North Right Turn �a�•� r,�•
Improvement Project, Newport Beach, CA -
• Walls and retaining walls
• Edges of paving, AC berms and roadway surfaces, including all grade breaks
• Manholes
• Survey street centerline monuments within the project area
• Buildings
• Major signs
• Power poles, streetlights, and traffic signals
• 'Tree with trunks diameters greater than six inches
• Above ground utility structures and surface features
• Tops and toes of slope
• Grade breaks and natural ground
Topography will extend to the back of walk or street right -of -way. Survey control points will be provided
with the field notes.
The basis of horizontal control will be the North America Vertical Datum of 1929 (NAVD29)
All field topography will be collected electronically for data processing.
3.2 Data Processing
RBF will process all topography data in AutoCAD LDD2i. Linesstyles will be conventional. Text
annotation will be stored in layers separate from the graphic elements. An AutoCAD file, layering,
linestyle and color specification will be provided, if requested.
• The finished topographic map will include the basis of horizontal and vertical control, North arrow, date
of survey, Crew chief review, notes and details.
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Deliverables will include field notes and digital files formatted in AutoCAD. Electronically formatted
files can be E- mailed to the Client if requested.
The following notes will appear on the finished Topographic Survey:
"Underground Utility Note:
This TopographicSurvey has been conducted in accordance with accepted industry standards. Unless
otherwise indicated, only above ground utility appurtenances were located by Survey methods. Any
underground utilities shown on this Topographic Map have been reproduced from records supplied by
others and have not been verified for line and grade in any way during the course of this Survey. Other
utilities may exist on this site that were not part of the project scope of work and are, therefore, not
shwon on this Topographic Map."
Product:
1. Topographic Field Survey
2. Topographic Survey Data Processing
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn o _
Improvement Project, Newport Beach, CA = c -
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TASK 4 - CONCEPT LAYOUT
RBF will develop a concept layout of the right -turn movement for this northwest curb return. The layout
will show (2) alternative roadway configurations and cross sections to evaluate potential improvements
and help identify the utility, landscaping, and drainage and traffic device impacts. The concept layouts
will be developed from existing record drawing information, as provided from the City, and will be used
to calculate an "order of magnitude" construction cost estimate for each of the developed concepts.
These concepts will be presented to the City and other parties as directed by the City for evaluation. The
preferred concept will be used to develop the final PS&E documents.
1. Concept Layout Plans (two alternatives) scale 1 " =20'
2. Roadway cross- sections (through the curb return) scale 1" =20' horiz ; 1 " =5' vert
(Tasks 5 thru 9 not used)
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Consulting Services for Newport Coast Drive /Pelican HIII Road North Right Turn
Improvement Project, Newport Beach, CA
a •
• PHASE II — PLAN, SPECIFICATIONS, & ESTIMATE DESIGN
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TASK 10 — PLAN, SPECIFICATIONS, & ESTIMATE DESIGN- PS &E
Preparation of final plans will commence upon concurrence and approval of the Concept Layout work.
The following is a listing of plan sheets with corresponding scale:
TASK NO.
10.1
PLAINDESCRIPTION
Title Sheet (1 sheets)
SCALF
NIA
10.2
Index Map and Sheet Index (1 sheet)
NIA
10.3
Construction Notes/Details (2 sheets)
NIA
10.4
Roadway Plan/Profile/Demo/Drainage Plan (2
sheet
1"=20'h; 1 " =4' v
10.5
Typical Cross Sections (1 sheet)
Varies
11.1
Signing/Striping Plans (1 sheet)
1 " =40'
11.2
Electrical — Traffic/Pedestrian Signal Plans (one
modified signal) (2 sheets)
1 " =20'
11.3
Stage Construction/Traffic Handling Plans
3 sheets
1 " =40'
12.1
Landscape Restoration Plan (2 sheet)
1 " =20'
Total: 15 Sheet Count
All plan types will be completed in conformance with current design and drafting standards for the City
of Newport Beach. Plans will be submitted in final (100%) PS &E and final PS &E resubmittal deliverable
packages. A drawing list of each package is provided at the end of this section.
A detailed discussion of selected tasks to be performed in the development of the plan sheets listed above
is provided as follows:
10.4 Roadway Plan/Profile/Demo/Drainage Plan
RBF will prepare a roadway Plan and Profile plan including demolition and modifications of existing
drainage features. The plan scale will be 1 " =20' horizontal and 1 " =4' vertical.
Roadway plans will show plan view of the proposed improvements, profile of top -of -curb for the median
and parkway curb, curb return quarter points, cross section locations, roadway width, easement locations
and property limits.
Demolition will identify locations and limits of features to be removed, salvaged, or protected in place
within the work area. Approval from the City will verify disposition of all identified items.
Drainage system modifications required due to the expected relocation of existing drainage facilities
within the project intersection. The expected work includes reconstruction of the curb inlet on Pelican
•Hill Road and a new interception drain to intercept the "high -side" nuisance flow within Newport Coast
Drive. The proposed improvements will not divert existing surface run -off, therefore a detailed hydraulic
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn
Improvement Project, Newport Beach, CA
,zx
analysis is not expected or proposed in this scope of work. The conveyance system
will include lateral, catch basin, and mainline profiling, and detailing.
Product: 1. Roadway Plan/Profile Demolition and Drainage Plan (2 sheets)
TASK 11— TRAFFIC DESIGN
11.1 Signing and Striping Plans —Newport Coast Drive and Pelican Hill Road North
this project
Consultant will prepare signing and striping plans associated with the proposed roadway improvements at
the intersection of Newport Coast Drive and Pelican Hill Road North.
The signing and striping plans will identify existing signs and striping, and installation of regulatory,
warning, and guide signs, and striping modifications in relation to the roadway improvements and
installation of the traffic signal systems.
Signing and striping plans will be prepared at 1" = 40' scale and in accordance with standards set forth by
the City of Newport Beach and Caltrans.
Product: 1. Signing and Striping Plans (1 Sheet)
11.2 Traffic Signal and Intersection Lighting Plan Modification Plan
Consultant will prepare traffic signal and intersection modification lighting plan associated with the
proposed intersection improvements at Newport Coast Drive and Pelican Hill Road North.
The traffic signal and intersection lighting modification plan will be prepared at 1 " =20' .scale and in
accordance with standards set forth by the City of Tustin and Caltrans. If required, a traffic signal detail
sheet will be included showing traffic signal equipment details.
Product: 1. Traffic Signal and Intersection Lighting Plans (1 Sheet)
2, Detail Sheet (1 Sheet)
113 Stage Construction/Traffic Handling Plans — Newport Coast Drive and Pelican Hill Road North
Consultant will prepare stage construction/traffic handling plans for the following roadway segment:
Newport Coast Drive at Pelican Hill Road North Intersection Improvements
The plans will be prepared for the following anticipated improvements. These are:
Curb /roadway improvements
Raised median improvements
The stage construction/traffic handling plans will utilize accepted methods of lane closure delineation,
signage and barricading. Specific work areas will be protected from traffic based on the construction
phase, type of work and construction equipment required within the work area. The plans will be
designed to maximize lane usage for all traffic movements, maintain pedestrian access routes, and
provide a workable area. The plans will be prepared at a 1 " =40' scale.
Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn
GONEVl11N6
Improvement Project, Newport Beach, CA -
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Consultant will meet with City e of Newport Beach staff to discuss the proposed construction staging,
minimum lane requirements, vehicle/pedestrian restrictions, lane closures, construction work hours,
construction work area required, and potential constraints that may affect the proposed improvements.
The stage construction/traffic handling plans will be prepared based on the requirements set forth in the
2006 California Manual on Uniform Traffic Control Devices (MUCTD), the City of Newport Beach, and
Caltrans 2006 Standard Plans and Standard Specifications.
Based on the proposed improvements, it is estimated that one (3) sheet will be required.
Consultant will also prepare project specifications and engineer's quantity and construction cost estimates
for stage construction/traffic handling.
Product: 1. Stage ConstructioniTraffic Handling Plans (3 Sheet)
TASK 12 — LANDSCAPE AND IRRIGATION RESTORATION PLAN
Consultant will prepare landscape construction documents at 1" =20' depicting the proposed irrigation
and planting restoration improvements. Plans will be prepared in AutoCAD, on electronic copies of base
sheets prepared by RBF under separate task. Expected improvements will be replacement or restoration
of "in- kind" plantings within the work limits and repair and restoration of the existing irrigation system.
Plans will be prepared in sufficient form and detail to facilitate approval, bidding, and construction.
Product: 1. Landscape and Irrigation Restoration Plans (2 sheets)
STASK 13 - SPECIFICATIONS AND BID DOCUMENTS
13.1 Final Technical Special Provisions
Consultant will prepare the Final Technical Special Provisions portion of the Construction Specifications
and Contract Documents suitable for public bidding and awarding of the Contras. Specifications will be
prepared in accordance with the City of Newport Beach approved format. Comments from the City from
prior submittals will be incorporated into the subsequent Special Provisions submittals. These special
provisions will be incorporated into the City's standard construction document package. The City will
provide Consultant with City of Newport Beach standard "boiler plate" construction document for use in
the preparation of the bid specification.
13.2 Storm Water Pollution Prevention Plan ( SWPPP) Specifications
Consultant will develop a Storm Water Pollution Prevention specification to provide an outline for the
Contractor to develop Storm Water Pollution Prevention Plans ( SWPPP). The SWPPP identify
anticipated construction -phase BMPs to reduce storm water pollution, such as, identifying potentipl
pollutants, appropriate erosion control, sediment control, non storm water, waste management and
tracking control BMPs that should be implemented to reduce -or eliminate discharges of storm water
pollutants.
Product: 1. Master Project Specifications and Diskette in Microsoft Word.
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Consulting Services for Newport Coast Drive / Pelican Hill Road North Right Turn WF
co,.,suvuis'
Improvement Project, Newport Beach, CA -
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TASK 14 - FINAL CONSTRUCTION QUANTITY AND COST ESTIMATE
Provide engineering services for the preparation of a Final Quantity and an opinion of probable Cost
Estimate for this project. Quantities will be prepared for the Final submittals. Unit costs will be based
upon the most current cost information for recent similar project in the area compiled by the Consultant
and approved by the City.
Products: 1. Final Quantities and Cost Estimate
2. Quantity Back -up Calculations
TASK 15 - MAPPING, LEGAL DESCRIPTIONS AND EXHIBITS
Consultant will prepare one (1) legal description and exhibit plat covering proposed street right -of -way
acquisition parcel(s) based on final construction drawing right -of -way requirements lying within Orange
County Assesor's Parcel No. 473 - 031 -15.
Products:
1. Legal Description (1 orig.)
2. Plat Exhibit (1 orig.)
TASK 16 - PROJECT MANAGEMENT/ PROJECT COORDINATION
16.1 Project Management and Administration
Consultant will supervise, coordinate, monitor and review design for conformance with City standards, •
policies and procedures.
Consultant will coordinate with Client and appropriate agencies to facilitate project delivery.
Management support shall be provided to facilitate resolution of project design scope and scheduling.
Consultant will coordinate, monitor and review all work as to the conformance with project design scope,
schedule, and deliverables. Consultant will coordinate subconsultant invoicing, and progress payments.
Products: 1. Project Management/Project Coordination Services
2. Other Project Documentation as Appropriate
TASK 17 — MEETINGS
Consultant will attend meetings, prepare agendas and prepare meeting notes for distribution to the
project team members. It is anticipated that meeting notes will be distributed by e-mail and that a final
hard copy version will be provided to the Client for their files. All meetings will be tracked separately
from other items of work. Tasks covered will include agenda preparation, meeting attendance, meeting
minutes and distribution of said items.
Products: 1. Meeting Agenda, Attendance, and Minutes (3 meetings)
TASK 18 — CONSTRUCTION SUPPORT SERVICES
Consultant will provide construction support services, such as, review of written RFI's and general •
consultation. These services will be provided on a time and materials basis. The budget for this item is an
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Consulting Services for Newport Coast Drive /Pelican Hill Road North Right Turn
Improvement Project, Newport Beach, CA
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• estimate of expected services. RBF will notify the City in writing if services are within 75% of the
budgeted fee.
Product. 1. Construction Support Services (Time and Materials)
TASK 19 - EXPENSES
Reimbursable expenses will be billed on a monthly basis. A processing fee of 5% will be added to all
subconsultant and reimbursable expenses. Reimbursable expenses include, mileage, reprographics,
courier deliveries, and express mailings.
SCOPE ASSUMPTIONS /EXCLUSIONS
GENERAL
• The Newport Coast Drive / Pelican Hill Road North scope has been established assuming public
bidding process.
• Public meetings\ Community Outreach services and corresponding exhibits and graphic materials
can be provided under separate amendment to this scope of work
Engineering Support during Construction, Construction Management and Inspection Services
can be provide as an amendment to this scope of work
ENVIRONMENTAL ASSESSMENT
• Environmental Clearances can be provided as an amendment to this scope of work
GEOTECHNICAL
• No Geotechnical services are provided in this scope of work
TRAFFIC ANALYSIS / MODELING
• No Traffic Analysis/Modeling services are provided in this scope of work
• No Signal Timing or interconnect plans are provided in this scope of work
MATERIAL TESTING/ PAVEMENT DESIGN
• No Material Testing and Pavement Design services are provided in this scope of work
UTILITIES
• This study will provide an initial investigation of known utilities. Pot -hole investigation, utility
notifications and further coordination of utility work can be provided under separate amendment
to this scope of work
CITY RESPONSIBILITIES
L City will provide access to the site.
2. City to provide any and all indemnifications, abatement, disposal or other actions required by local,
state or federal law regarding hazardous materials.
3. City will pay all governmental fees and costs.
4. City will provide all environmental clearances and documentation for the project.
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5. City will secure all rights -of -entry and right -of -way necessary.
Consulting Services for.Newport Coast Drive /Pelican Hill Road North Right Turn �owa�r�o
Improvement Project, Newport Beach, CA
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6. City will provide all available information includii
A Geotechnical reports
• Base mapping
• Aerial Topography
• Traffic/ Modeling Data
• Pavement Design/ Traffic Indexing Data
• EIS/EIR Report Data (if applicable)
END OF SCOPE
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Consulting Services for Newport Coast Drive /Pelican NiJt Road North Right Turn COMBY � »a
improvement'Project, Newport Beach, CA =
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C C N B U LTI N G COMPENSA71ON •EXHIBIT "B" 10-1OSSM
City of Newport Beach
Newport Coast Dri" and Pe0can H0l Road North
Right -Turn Movement Study'
No. of
Sheets
Total
Total
Phasefrask
Sub Task
Description
s
Hous
$
Phase 1
1.00
Research, Investigation and Field Review
30
$ 4152
2.00
Utility Research investigation and Coordination
20
2,7458
5.00
Topogmpldc Survey
S2
S fin
4.90
35% dallinj
35
S 49(16
Phase 2
10.00
PSBE OesI n
10.1
TOIe Sheet
1
15
$ 1,906
10.2
Index Map and Shed Index
1
21
$ ZT84
10.3
CansWCOOn Noted Detals
2
33
$ 4,440
10.4
R9 PIaNProBe Dem a Plan
10.5
Typical Cross Sections
1
261
3,518
11.00
Traffic Deli n
11.1
S Plan
1
24
S 3.368
112
Trask Signal and Intersection UghtkLg Plan
2
57
$ 7
I"
StN6 CMftctioN Traffic Hmdft Plan
3
6T
8,864
12.00
LandscaPe and Irrigation Restoration Plan
2
60
$ 0144
18.00
Specifications and Bid Dmt mama
44
S %W
14.00
Frml Construction Quantity EStimate
24
3,422
15.00
Mapping. Least Descriction and Exhibit
30
S 4.226
16.00
Project Managernerd
32
S 6.022
17.00
Meetings
12
S 2,112
1 &00
UBTOTAL
Cgtstruction SU rt8ervices find T &M Basis
23
S 4196
15
45S5
$ 92,951
Agency Approval
26
3,1146
TOTAL PROFESSIONAL
SERVICIS
15
8451
98,797
Relmbursables
S 2,50o
Tom COST I
151
681
59297
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040cuner4S aid sedbgslbaMaSpnWeskoprnenpon bead*oposaMhasa 9paposa _pftrYeared,gs 3A6f2007
Cit*Df Newport Beach . NO. BA- 07BA -064
BUDGET AMENDMENT
2006 -07 AMOUNT: $100,000.00
ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
Px from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations to approve a professional services agreement with RBF Consulting of Irvine to provide
engineering services for the Newport Coast Drive at Pelican Hill Road North Right -Turn Improvement project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
280 3605 Measure M Fund - Fund Balance
l UE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Signed:
. •
Signed:
Approval: Administrative Services Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$100,000.00 *
* Automatic
$100,000.00
Date
Date
Date
Description
Division
Number
7281 Measure M - Tumback
Account
Number
C5200974 Newport CoastlPelican Hill Study
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
. •
Signed:
Approval: Administrative Services Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$100,000.00 *
* Automatic
$100,000.00
Date
Date
Date