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HomeMy WebLinkAboutC-4071 - PSA for Jamboree Road Improvements (Bristol Street North to Fairchild Road)AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC FOR JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this 16ikday of C. m , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and VA CONSLILITNG, INC., a California Corporation whose address is 17801 Cartwright Road, Irvine, California 92614 ( "Consultant "), and is made with reference to the following: RECITALS: A. On October 28, 2008, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for preparation of construction documents for the widening of Jamboree Road from Bristol Street North to Fairchild Road, hereinafter referred to as ( "Project "). B. On January 12, 2009, City and Consultant entered into Amendment No. One to the Agreement to amend the Agreement to provide for subconsultant, Overland, Pacific & Cutler, Inc., to coordinate directly with the City Attorney's Office, for right -of -way appraisal and acquisition services being performed at the City Attorney's request and to ensure confidentiality (`Amendment No, One "). C. On March 10, 2010, City and Consultant entered into subsequent Amendment No. One to the Agreement to reflect additional services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation ( "Amendment No. Two "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments, to extend the term of the Agreement to December 31, 2013; to increase the total compensation and update insurance requirements. E. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on December 31, 2013, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated August 18, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: 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 to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Eighty -Seven Thousand, Six Hundred Eighty -Six Dollars and no /100 ($387;686.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty -Three Thousand, Two Hundred Twenty -Seven Dollars and no /100 ($63;227.00), without prior written authorization from City. 4. INSURANCE Section 14 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: ` h/ 11 Leonie M151 &II vp/j� Assistant City Attorney 1� ATTEST: A Date: 10 a.' . )I t Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F. Henn Mayor CONSULTANT:VA Consulting, Inc., a California Corpor 7 tion Date: By: Max P. Pres' en and C.E.O. Date: \ais'/ v By: M� e; ^-� Michael S. Carter Secretary and C.F.O. Attachment: Exhibit A — Additional Services to be Performed �l` � ®;� � `® s ;'. August 18, 2011_... REQUEST FOR ADbITiQNAL ENGINEERING, L.ANDSC(Apq G, AND ENVIRONMIENTAL SERVICES FOR JANIBQREE ROAD IMPROVEMENTS PROJECT' NEVWPORT BEACH AT�ib IRVINE, CALIFORNIA AMENDP IENT'NO. 3 SCOPE OF SERVICES 1. Remoliilizatioh of Design Team (V,'\) In September 2010, the City of Newport Beach (City) requested that all design activities beiplaced on hold while right o'f.way riegotiatibns between the City and theCenfer'pointe properties took place. This tasiOncludes_the time required by VA staff 'to coordinate with the City, coordinate-with VA Suliconsultanf's, and the time required to reyiew previous meeting, minutes, utility coordination cdrrespondences, and City:of Irvine (COI) and City plan check comments in order . r to determin.at.w at point the project left off; address changes to the project,: and to compile. a list of unresolved project issues, 2. Additional Meetings and Coordination (VA) The existing budget for meetings and coordination with the City, COI, utility companies, Ceinterp'ointe property owners, and:design team . has been depleted. This task is to continue. coordination with'the above mentioned entities throughobt'the duration of the project. 3. Previously Prepared Studies and City'Council Exhibits (VA) During preparation of :final lmpr6e*me"nt,;plains and. negotiations *With the Cenferpointe property, owners the City requested the following studies and City Council' exhibits which were not included in the original scope of work: n VA studied wliether proposed iinprovein'eots could join'the ex'istirig bridge improvements' as.gpposed to 'joining the: widened b. ridge' improvements, which was previously assumed. o VA studied Whether-an altematige design, which included no right -of -way acquisition; was feasible -.and prepared an Exhibit to present this design. e VA prepared a simplified version of the orig'i.nal .Concept Plan for City Council, VA.prepared a eight -of- way /temporary constfuction easement exhiblffor City Council. 4. Sewer. Force Main Relocation 'Plan (VA) During the utility mapping task, it was discovered that an existing private, 4" sewer force main would need to be relocated as part of the improvements. "This .relocation was not included in the original. contract. This task includes the following; Additional 'research and coordinatioWwith CIP and their sewer lift station. technician'. Dipping. of the outlet. manhole by VA'survey crews to verify the depth of the outlet pipe. Design and Plan Preparation (1 extra sheet) © Additional work involved with thespecifications and estimate preparatioh. X.Pl CtlN]] CS OOWJmImgirnpeomzrt .:Ca03!coo }y�tlpF ^hM� +on.ar This task does not include any modifications to the existing sewer lift station, potholing of the existing force main to confirm join location, or sewer demand / capacity calculations. The original contract assumed a total of ten '(10) metes and bounds legal descriptionsiplat exhibits would be prepared under the Right, of Way Engineering task. However, after the concept plan was finalized, only six (6), were required. Therefore; funds from the four (4) unused exhibits will be used to cover the additional sewer forces main related services. 5. Median Island Civil and Traffic Modifications (VA) This item includes revising the civil, traffic signal, signing and striping, and traffic control plans to include the two now landscaped median islands at the Jamboree and MacArthur intersection and design of the sleeving for the irrigation controller connection which will be provided to the existing .median south of the intersection. VA will first prepare an exhibit which shows the new median and striping geometres and will obtain approval of this exhibit before finalizing the {Mans. 6. Water Quality Management Plan (VA) VA will prepare a Water quality Management Plan (WQMP) for the proposed site improvements in conformance with Section 7 of the Orange County Drainage Area Management Plan and the local Agency standard format. Thiis.scope item includes the preliminary design, of structural Best Management Practices (BMPs) in a treatment train that address pollutants of concern with Low Impact Development (LID) BMP's as much as practicable for the site and its intended 'uses. The WQMP will also address hydro modification criteria as required by the forth term •NPDES Permit (RWQCB Order No. k8- 2009 - 0030, NPDES No. CAS 618030) scheduled for enforcement beginning in May 2011. The preliminary BMP design will be presented to the County and City for review and acceptance .prior to completion of the final WQMP document and the grading and drainage design for the project. The 'final WQMP report will identify the structural treatment BMPs selected for the project and non - structural education and housekeeping BMP's that pertain to the project site. The final WQMP will be processed through the County of Orange and City for approval with the precise grading and drainage improvement plan: package. California Coastal Commission'Cootdination (US) UltraSystems (US) will contact the South Coast California Coastal Commission (CCC) office regarding the Jamboree & MacArthur project. If necessary, US will complete and submit a permit application indicating that a waiver is the appropriate action to be taken by the CCC. If the CCC has any questions regarding the application, US will meet with CCC to respond to their concerns and clarify and expand the justification for a waiver and provide copies of agency letters of concurrence. 8. Resource.Agency Coordination (US) If required by the C:CC during the permit waiver coordination, US will contact US Army Corps of Engineers, Regional Water Quality Control Board, and the California Department of Fish and Game for documentation that no permits would be necessary. Fees included in this task will only be used if necessary and with prior authorization. from the City. Ci�mi: �S¢ ;-.0'vANinrn�GSnpzGitle,zi:UCTC W'r2�JRnnoLi6+_sl, nao� 9. Additional Biological Survey Services (US) In Juty 2010, the City requested to move the proposed storm drain outlet located in the Newport Beach parcel. This new location fell outside of the previous jurisdictional boundary limits. Therefore, US made an additional field visit to confirm the existing biological and jurisdictional site conditions and to identify potential measures to minimize and avoid sensitive biological resources. This information Was incorporated into the final environmental document. 10. Addition Landscaping Remobilization / Coordination ( Nuvis) This task includes remobilization costs by Nuvis and hours required to attend the meeting with Mr. C.G. Kum in Westlake Village., California, which Nuvis considers outside of the original contract due to its location. 11. Median Island Landscaping and Irrigation Modifications ( Nuvis) This task includes design and coordination hours to revise the irrigation and 'planting plans to include the two new landscaped median islands at the Jamboree and MacArthur intersection: An irrigation controller connection will also be: provided to the existing median south of the intersection. Irrigation and planting plans have been previoUsl.y designed by others for this median. 12. Project Introduction Meetings with Property Owners (OPC) Due to the accelerated project schedule necessary to meet a funding deadline, it was necessary to meet with property owners prior to the start of right of way acquisition negotiations. This task included time by On to set up and attend the meetings, including the meeting with Mr. C.G. Kum in Westlake Village, California. The original contract assumed that right' of way appraisals and acquisition services Would be. required for four (4) parcels. ,However, after the 'concept plan was finalized, these services were only required for three (3) parcels. Therefore, funds from the Right of Way Appraisal Services associated with the unused forth parcel will be used to cover these additional services. 13. Right of Way Negotiations with Centerpointe Maintenance Association (OPC) During initial conversations with the Centerpointe property owners, OPC discovered that there was a . Centerpointe Owner's Association which owns all of the common. area improvements including the monuments signs, retaining walls, and landscaping areas. Therefore, additional negotiations with this owner's association will be necessary that were not included in the original contract. Funds from the Right of Way Appraisal Services associated with the unused forth parcel will be used to cover these additional services. X' PNfCO4\' S/ y�50pV: E ,ni�w,:OE�EO„I ^.rtr'CG�]YC:I.'li �n'Ii.UmEWICiILfiI:.,IM REQUEST FOR ADDITIONAL LANDSCAPING, ANIYENVIRONMENT-AL SERVICES FOR JAMBOREE ROAD IMPROVERIIENTS'PROJECT NEWPORT BEACH AN15'kVlkE, CALIFORNIA' AMENDMENT Nla. 3 FEE ESTIMATE 1. Rem6bilization of Design Team (VA) ..... .......... .......... ;.w .................... ...... 2. Additional Meetings and Coordination ................ ........ $ 8654 3. Previously Prepared Studies and City. CQunc -il ,R ^-6ibits (VA) ........ 4"046 4. Sewer Force Main Relocation. Plan (VA) ...... ............................... ................... -.. $ -4,518 51! Median Island ,Civil and Traffic Modiftations .......... ............. ............... 6; VVat&r QuilityManagement Plan ( VA)..:.::.:..,.:.::_:, .. 7. California Coastal Commission Goordii)ab n ( US);;;,,,::..:,..,,.,..,...... ..................:.a,;,.;....$ ­Q . .8;4 8. Resource Agency Coordination ...... ........................................ , 6,458 9. Ad.ciftionai.Bioibg[cal Suryey'SeMces M ............. ................ I ............. ....... 1.0:-Additional Landkaping: Mobilfz'6tibh /. Coordination (NLivi§) ....... .................... 2,300 11 Median WAM Landscaping and Irrigation Modifications (Nevis) ......... 1.2. Rrpject.lntroduqfiqn Meefingswith'Property QWners (OPC) ............. .................. $ ;2;500 a . .Rigbt-of, Way Negotiations Negotiations vvith'Ma1'rtpn800e Ass,6ci ti 01 n 2,500, 14. Partlq-f Use of Right of Way Apprqisal'Services.Buclgipt (OF)C) ............ $(5.,000) 15: Partial Right of VVay Engineering: Budget ( VA).:.:::..:: .... : ........... % ........... 16, Additional ReimbUrsables (VA) ....... - - i - - e - .:: :.-- - - ..! - . �'. - :; v.. , ........... ­ � . . . $. :91b TOTAL FEE ESTIMATE,.,.....:.. .......... ......... .. ......... ............ 4 Jamboree Road Improvements (Bristol Street North to Fairchild Road) C4 of Newport Beach AMENDMENT NO. 3 -FEES AND EXPENSES ESTIMATE VA,CONSULTI ['�G_ r ENGINEERS P PLANNERS SURVEYORS 17801 CaeM6gpl R.aq, Imina. Carifurnia 97614 Phane(949)474 -1400 Fax.(949)261-8482 k7P.SSL;!,"PIC, Jamboree Road Improvements (Bristol Street North to Fairchild Road) C4 of Newport Beach AMENDMENT NO. 3 -FEES AND EXPENSES ESTIMATE =Iwu ,;�Pffl' r Tasks, Remoblhzat�onof Design ------------ _ . .. ..................... T ....... ... ............ . Additional (YA) P!eVioslypropa-" Studies and Clty_qcuncil Exhibits (VA) Sower Force.Main Relocation Plan N81_ Median Island CWH and Traffic Water Quality_MaoagementPlan (VA) CallfbrnhaCoastal- Commission Coordination (USNA) Resource p,qency*coordindtlon (USfVA)_._. Additional Biological Survey*, _�prvlces Addition Landscaping Remobi�iza!ilor ICoordination 09160__ Mcidian island Lanasca !rjg_ and Lr!i g tion oq![o5La�,janLLN%vis Rrcjec! Introduction Meetings with _� Property Owners TT_ fEiqhLtofWay Negotiallonswith Majntemanca:Assqciafion,(0PC) Partial Use of Right.ol Way Appraisal,ServicesilBudqct (OPC) ...... .1 -2 2 6 4. 1 20 50 4- 4 _8_ 4 6 6 1.4 34 16 6 20 38.0 -58.0-- 32.0_ 32.0 S5,412 $8,r,54 __S173 $4.046 slus 581 $go $350 8 so 22 I 4. &4,5113 138,0 $17.504 5U:0 5.0 C.0 2.6 0:0 9.0 Mo 0.a Sfi 514 $751 S1.208 $264 so 5I.159 SU so 5130 S15- Sj.pso $-,250 S1.305 $2.300 $5,300 s2,50D $7.,500 ($5.000) —2 B. S24 $5 $0 $23 $o $0 1 6 1 2. Partial Right of Way Engineeriqg Budget (VA) 000 (SRO) Subwlids; 34 Its 76 -143 4 372- 345 Tctals,(hm '34. lis '76 143 4 372 45147e.14 14132a-z t VA Design Fees ReImbumobles esCm.ta Sub Const4ants $5,542 1$16.905 I $10,032. $16.731 W.512 solo ST, iTOTAL. FEES I 563,227 =Iwu CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 10 -11 -11 Dept. /Contact Received From: Tania Moore Date Completed: 10 -19 -11 Sent to: Tania By: Joel Company /Person required to have certificate: Type of contract: VA Consulting All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 11 -24- 10/11 -24 -11 A. INSURANCE COMPANY: Travelers Property Casualty Co. of America B. AM BEST RATING (A -: VII or greater): A +: XV AM BEST RATING (A-: VII or greater) A+: XV C. ADMITTED Company (Must be California Admitted): ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $11M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ❑ Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No fl. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 11 -24- 10/11 -24 -11 A. INSURANCE COMPANY: Travelers Indemnity Co. or Connecticut B. AM BEST RATING (A-: VII or greater) A+: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? _1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 9 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 11- 24- 10/11 -24 -11 A. INSURANCE COMPANY: Travelers Property Casualty Co. of America B. AM BEST RATING (A-: VII or greater): A +: XV C. ADMITTED Company (Must be California Admitted): Yes [-]No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes []No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ® N/A ❑ Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 10 -20 -2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ED Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management Date " Subject to the terms of the contract. r�i CITY OF ff O�rgWPOR @ L i i ?nit >a NEWPORT BEACH o00 C9Fp0.H`P City Council Staff Report Agenda Item No. 1 September 13, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Andy Tran APPROVED: z G TITLE: Jamboree Road Improvements (Bristol Street North to Fairchild Road) - Approval of Amendment No. 3 with VA Consulting, Inc. ABSTRACT: The City entered into a Professional Services Agreement with VA Consulting, Inc., for the design of the Jamboree Road Improvements (Bristol Street North to Fairchild Road) project. Additional engineering services are needed to modify and improve two existing raised medians on the southbound side of Jamboree Road at MacArthur Boulevard. In accordance with Council Policy F -14, City Council approval is required in order to process Amendment No. 3. RECOMMENDATION: Approve Amendment No. 3 with VA Consulting, Inc., for additional engineering services for the Jamboree Road Improvements (Bristol Street North to Fairchild Road) project. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for Amendment No. 3. Funds will be expended from the Transportation and Circulation account (7261- C2002019). DISCUSSION: This project is located on Jamboree Road between Bristol Street North and Fairchild Road in the cities of Newport Beach and Irvine. The project involves widening the east side of Jamboree Road at MacArthur Boulevard to accommodate one additional northbound thru lane and one additional southbound left turn lane. The design is now 80 percent complete. During the last plan review, City staff recognized an opportunity to aesthetically improve the intersection of Jamboree Road F, Z< U ADDITIONAL LANDSCAPED MEDIANS ll��\\x CITY OF NEWPORT BEACH JAMBOREE ROAD IMPROVEMENTS PUBLIC WORKS DEPARTMEN BRISTOL STREET NORTH TO FAIRCHILD ROAD E09/17/08 SCALE N.T.S I SHT 1 OF 1 WN JJ I C -4071 Jamboree Road Improvements (Bristol Street North to Fairchild Road) - Approval of Amendment No. 3 with VA Consulting, Inc. September 13, 2011 Page 2 The design is now 80 percent complete. During the last plan review, City staff recognized an opportunity to aesthetically improve the intersection of Jamboree Road and MacArthur Boulevard by reconstructing the two concrete medians with landscaped medians. The medians are located on the southbound side of Jamboree Road adjacent to the right turn lanes. Amendment No. 3 in the amount of $63,227.00 will provide for the additional plans and specifications needed to construct the two medians. In addition, this amendment also includes compensation for remobilization of the design team, additional coordination with various agencies and environmental documents that were not identified in the Professional Services Agreement or approved amendments. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in .a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). n.. L —:u_J L... Attachments: A. Project Location Map B. Amendment No. 3 with VA Consulting, Inc. Attachment B AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC FOR JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this day of , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and -VA CONSULITNG, INC., a California Corporation whose address is 17801 Cartwright Road, Irvine, California 92614 ( "Consultant "), and is made with reference to the following: RECITALS: A. On October 28, 2008, City and Consultant entered into a Professional Services Agreement ( "Agreement ") ::fo.r L preparation of construction documents for the - widening of Jamboree Road from Bristol Street North to Fairchild Road, hereinafter referred to as ( "Project "). B. On January 12, 2009, City and Consultant entered into Amendment No. One to the Agreement to amend the Agreement to provide for subconsultant, Overland, Pacific & Cutler, Inc., to coordinate directly with the City Attorney's Office, for right -of -way appraisal and . acquisition services being performed at the City Attorney's request and to ensure confidentiality ( "Amendment No. One "). C. On March 10, 2010, City and Consultant entered into subsequent Amendment No. One to the Agreement to reflect additional services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation ( "Amendment No. Two "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments, to extend the term of the Agreement to December 31, 2013, to increase the total compensation and update insurance requirements. E. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on December 31, 2013, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated August 18, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: 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 to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Eighty -Seven Thousand, Six Hundred Eighty -Six Dollars and no /100 ($387,686.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty - Three Thousand, Two Hundred Twenty -Seven Dollars and no /100 ($63,227.00), without prior written authorization from City. Section 14 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and. Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City; and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any. insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its oven 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. 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth . in the Agreement as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto-have executed this Amendment No. Three on the dates written below. APPROVED AS TO FORM: OF Da By Le As ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: Michael F. Henn Mayor CONSULTANT:VA Consulting, Inc., a California Corporation Date: Bv: Max P. Vahid President and C.E.O. Bv: Michael S. Carter Secretary and C.F.O. Attachment: Exhibit A — Additional Services to be Performed i _ - ®i, J ®� i Augu$t 18, 2011—...' REQUEST FOR ADDITIONAL. ENGINEERING, LANDSCP PING.-, AND ENVIRONMENTAL SERVICES FOR JAMBOREE ROAD, IMPROVEMENTS PROJECT NEWPORT B tA­P" A A' 46- 1. RWI N E, CALI FO . RNIA AM5NDMEMT'NO. 3 riCQP.E.OF'§ERVICES Remo.bilizatiph of Design Team (VA) In Sep . e September 2010, the City of Newport Beach (City) requested that�'al I design activities Ue.pladed on hold-wh*ile ng'ht Owa'y''negotiations betWeen the City and the-CiBbWpointe properties took place. This ta9j6Dqludes: th.e'tjme,re.quired by VA'staff'tb coordinate with the bitoy'� codrd'inate. with th VA Sulicpnsu . Wfs. And the time required . to, 'reyib previoqs pe. meeting 'minutes, utility coordinationo,6&espohdences, and City-.of lirVirie (COI) and City plan check comments in order to determine 2t what Pointthe .p .project left off-. address changes to the project,: and to cumpi,le.lk- list of unresolved project. issues, I -2. Additional Meetings and Coordination (VA.) The existing budget for meetings and Coordination with the City, C01i Utility companies, QoInMrpioinfe property owners, -and.,dqsigo team. has been delploted. This task is to continue: coordinati&n".With -the abbv& rfien'tionbd entities throL.:06161.1lid ddr6fi6h of the project. 3.,. PrI evious-ly Prepared Studies and CiytCou 6 . il Exhibits (V A) During prepkalft bf. fihal improvement plans and negoti5tio6s'With tffd Cbrifeipojnte pr9pqrtylovmers; the City: requested the f8llowing studies�aryd OtyCoup..61 exhibits whi6h were not included in thb original scope 6f'Wbk' o VA 'studied whether Prdpdsed 0ipi:99,6ityLints could join-the- e5cisti - n bridge improvements' .9 _ivhidi wa ..prqve.ments �ks.Qppqs(�q to joining the bridgeimprovemenit�,. was previously ..assumed. VA studi6dwl1e'tfier'a.n altel-6.a.l.iye d6sign,-.,which included' no right-of-way gquisition, W89 feasiblei:and prepared an. Exhibit to present, this design. VA prepared a simplified version of I kh(p griqjna[ -Concept Plan for .City Council. VA.preoareii a right -of -way.! tempotary QQnstfOrtion easement .exhibit%lfor City- Council. 4. 8ewef Fbrce Main Reloca - tion'Pl6n (VA)' Wring the utility maJbp_ifi'gUi§k, it Was discovered that An,e). istlifg ptiyat6. 4° sewer force main would need to be relocated'ag part of the improvements. This relocaflon was not JndljAed'in the . original.cqritract . This task includes the following. Additional research and their sevver lift sfatj6R tec.hf!ic1Aff. Dipping. of the outlpt, manhole by VAsurvey crews to verify t.h6 depth prthe outlet Design and Plan Preparation (I e ' Xtra sheet) Additional woiR involved With.the. soecffintions and . estimate prbparatioh. This task does not include -ady modifications to the existing sewer lift station, potholing of the existing force main to confirm join location, or sewer demand / capacity calculations. The original contract assumed a total of ten '(10) metes and bounds legal descriptions /plat exhibits -would be prepared under th`e _Right of Way Engineering task. However, after the concept plan was finalized, only six (6); were required. Therefore; funds from the four (4), unused exhibits will be used'to cover the additional sewer forces main related services. 5. Median Island Civil and Traffic Modifications (VA) This item includes revising the civil, traffic signal, signing and striping, and traffic control plans to include the two new landscaped median islands biiikfe Jamboree and MacArthur intetsectioh and design of the sleeting for the iingafion .cdnte6llbf connection which will be provided to the. existing, median -south of the intersection. VA will first prepare an ,eghib.'it which shows the new median and striping geomethcs and will obtain approval of .this exhibit before finalizing the plans. 6. Water Quality Management. Plan .(VA) V.A. will prepare a Wafer'Quality Management Plan (WQMP). lot the proposed site i- Morovemerits in d6riforma de with Section 7 of the Orange County Drainage Area Management. Plan and the local Agency .standard format This. scope ;item includes the preliminary design of structural Best' Management.Practice's (BMPs) in a treatment train that address. pollutants of concern with Low Impact Development (LID); BMP's as much as. practicable, for the site and its. intended. uses., The WQMP will, also address hydro modificationi.critena .as, req'ui'red by the 'forth, term .NPDES;'P.ermit (RWQCB Order No. R8- 2009 - 0030,. NPDE'S No. GAS 618030) scheduled for enforcement beginning' in May 2011. The plfelun nary BMP design will. be presented, to fire .County. and City for review and acceptance. prior to completion of the final WQMP document ;and the grading and drainage design for fh'e project. The -final WQMP report Will 'identify the structural treatment,BMPs:selected for -the project and non - structural. education arid-- housekeeping BMP °s that pertain to the project site. The final WQMP will, be, processed through the County of Orange 'and City for approval, with the precise grading and drainage, imp"rovement'plan: package. 7. California Coastal' Comtnission'Coordination (US) U.Itr.aSyste'ms _(US) Will contact the Sorith'Coast ,Califomia.Coa'stal Commission (CCC) office regarding the Jamboree & MacArthur project. If necessary, US will complete and submit a permit application indicating that a waiver is the appropriate, action to be taken by the CCC: If the CCC has any questions regarding the application, US 'will meet With CCC to respond to their concerns and clarify and expand the justification for a waiver and provide copies of agency letters of concurrence. 8. Resource.AgencyCoordination (US) If required by the CCC during the permit waiver coordination, US will contact US Army Corps of Engineers, Region.'al Water Quality Coritrol Board, and the California Department of Fish' and Game for documentation that no permits would be necessary. Fees included in this task will only be used if necessary and with prior authorization. from the City. %%`h iee%�%3 O:GO'J♦ loon', CW�O��J- nM:GC %CC0�2nOP.am+COyYion,px 9. Additional Biological Survey Services (US) In July 2010; the City requested to move the pe6p6�16d: storm drain outlet located in the Newport 'Beach -pa . rce 1. This new location f6ll'odtside of 'the Previous jurisdictional b n a rm the existing. o*uHd6ry limits Therefore, US made an ad itim d field visit to callf, 'h biological and jurisdittiona[ •. site conditions and to identify potential measures to mirirfi2d and i avoid sensitive biological resources. This information Was incorporated into the.rinal, environmental document. 10. Addition Lanclscqping ReffiobilizationJ Coordination - (Nuvis) Thl . S. task includbs remobilization costs, by Nuvis and hours reclOred to attend the meeting ng with Mr: C.G. Ku*m in Westlake Village, California; which Nuvis considers outside of the on'gJpaI:contraqt due* to if.s'location., 11, Median Island Landscaping and Irrigation Modifications (NuVis) This task i&Wd6s desijh and coordination hours 4b reSise� the irrigation :and planting' Plans to inclbdo the two new landscaped median islands at. the Jamboree and MacArthur interse.ctibi:i, An irrigatiOn con . troller connection will ; 'also be. - provided - 1 . to the I existing median south of' the intersection. Irrigation and pla-htilng 'Pahs have-been previotisly. designed esigned by othersJor this median. 12. Project Introduction. Meetings with Pi­opeft Owne.rs'(OPC). 'Pue to t - he - accelerated project schedule neco§sarry;to meet a funding db2idlide, it was .necessary, to -rpeei with p 'y with property jpVners. Pri�qr tq the start of 6bl).t of way acquisftion heg6tiati6ris. This 'task iddliudidd time by 01`�G to �kftd attend the l. meetings; iriqludingjhe meeting with Mr. C .,G. Kum In-Westlake Villaa6: California. The original= contract assumed that right' of Way appfaisats, and acquisition services would' be- reouired 'for four (4) parcels. ,However; after the 'concept plan . -was' finalizedy thdsb services were only 'required for three (3) parcels , T e ftf&re, fands from .the .Right of Way Ap p alsal Service�. associated with the unused forth Vill:be used to co'v'er the-se additional :Ve N ic . es., 13'. Right of Way-.Negotiations with Centerpoinbe lVidintenanceAssociation -(OPC) During initial conversations With the Cbnt6rpbint& property OPC di§c6ve(dd th6t fhe vv �re as.',a 0. QpD�prpoin.t.e Own-e-Cs. Asqo6lalion�'whfch owns all -of the c mmon area improvements including _ the nibriumehts; 'si§n§.,, retaining walls, and landscaping areas. 111.erefore, additional 66goitiations with this owner's- association will be necessary that I ii f ay App(aisal Were not included' 'in the. origina contract. Funds from he� Right o W ,Services associated with the unused forth parcel Will be used to cover' these. ',additional services. 3 t RIMUEST FOR ADDMONAL JLANdSCAPING, ANEP ENVIRONRfrEtU.T4L :SERVICES FOR JAMBOREF ROAD IMP ROVEMENTS PROJECT NEWPORT k3ERC.k A'N' 5IRltINE, CALIFORNIA AMENDMENT NC.f. 3 FEE ESTIMATE 1. Rem.'bbilization of Design Team (VA-) ....:.:..:...:::.:..:....:.:..................: ..........:..:::...:.::.:.....$ 5;412 2, Addi ional'Meetings and Coordination (VA) .: ....... ...... ,... $: ,8;554 3. Previously Prepared Studies. and City Gouhc L ;E.xhiWs ( VA ) .... .......:.._..:....,.,....... .... :A 41046 4, Sewer Force Maid Relocation. Plan ( VA} .......................:.................. ........:...... :....:..::.:.:,$ 4,518 5: Nlecliai is!46d ,Civil and Traffic Modifications (\[A) :...:.: .........,:.................... $17,50 $: OVatar Qu6lity'M1ilanagement Flan ( VA). .-. ...:.:..:.::.:.:- ...:..:.... :.., . .. :,., $ 5;514 7. ,California Coastal Commission Goordinabon US 3, .R.esource figency COOrdinatipn.(lJS) :::.. ., ::,:.,.,... ...:..................,.,...., .......:,....,:.,.,- ,:.:,..:::, 9; Additional Biological Survey'Service's.(US) ..........._ ............ ........ M.Additional Laad §caping.Mobilizatioh l;Gob.rdinati6n'(NuVis) .......:... ...................:::.:...:..$ 2;300 11 :'IVledian Island Landscaping and Irrigation Modifications' Nuvis $ tj469 9'2; Projeq..l'ntroduction IyTeetthg,s:with Property Qwners (OP.C) .,,...,. _ ..s ,2;580 13: Right :of Way NegOttattons With Maintenance Assoatst%on.(OFC) ...,.... ......... : -s :2500. 14, Partial Use of Right of UVay App isal�.SeNices Budget (OPC) ..._ .....:.:............... .....: §(50.00) 15:.Fartial Right of V ✓ay Engineering 13uiigef (VA).:::,.. ................ :::....:,...:::.. $(4;5.18] 1.6: Additional Reiriibursables (VA) ..........; : $ 9 1 G. TOTAL i=EE ES_TIIVI4lTE sts'3;?27 x:C'rnj:av-? oseaY: Cirv:::. ?m�e' �NUa: cen3c[*'�s2neeemaCFi,;".pt..apc JamboreeRpad Improvemerits-(BristOl 'Street North to Fairchild :Road) City. of NewportBeach -AMENDMENT'NIO. 3— FEES AND. EXPERSEVESTIMATE m ,F - ,v A CONSULTING VAI-v EN(31i DV.19'MU2MGM­I- 801C Phone. ll)U3 iEbibbe! iO I USSM JamboreeRpad Improvemerits-(BristOl 'Street North to Fairchild :Road) City. of NewportBeach -AMENDMENT'NIO. 3— FEES AND. EXPERSEVESTIMATE m ,F - ,v v JDr 7P MM .4 X*pa M DV.19'MU2MGM­I- iEbibbe! iO I USSM Reffiobiliz6floriol'De i Tearn ---------- 6- .... 26 . .. ......... 6 -- ----- 38;9; . .. ...... S5.'417. $1 us Additional .. -sLG. -.7 $8,F154 3173 . ........ .... .... ..=7 ... .. a._ 6! 20 32-.0, K0413 San ........ .. ...... Sewer 2 4 1,4 8 4 32.0. vula $go "... 138.0 $17.604 Mbdlah l6lan&CIvil and 16 '34 js so 22 _5350 .,5130 Kaitpr'Qnallty Mgnagerhan•Plani (VA), sv.o 36!.514 $757 !slp- CaMbrnia.Coasial:Commission Coordinatlon (U.SNA 1 4' 5.6 :vqb: rzes VC9 Br.6 S 1,2681 7 ------ 124 — 2 Additional Bibl' 2.6 $269. $5 Ad'dition'LandscRL.nqfernoblli tion I Coordlnahon (YEvis•G.0 so Su 52,300 Mddian.lsl n Landsca i ...... '1 2. 6 523 ..... OWnbm,( OR so so .. ...... .... 52.600 I nay:N!goliatj6ns With Maintenance Association (PPC) ................ OF T� 0 Partial Use.af-Right:of -Way Appralsal,59rviccs ;8iudgetj0PC) M $0 $0 E2!tlpi:Riliht of'Way Engineeiinq Budget (VA) 0;0 M- 34 512L $00 Subtotals ^34 116. Zfi 143 •4 '34; 115, -.76 143 .4 372 R4e _5.16MIV3;I1' A !M2 Mmm VA Design Fees ReImbursn'bies!eslimate 35.542 316..905 5-10.032� 315,731 'Sato $45.512 S910 $16.805 Sub*C;.s,da.ns $16,905 !TPTAL,FFES: U%Z27 ee," m F, 0 -yak AMENDMENT NO.AWE TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and VA CONSULTING, INC. a California Corporation whose address is 6400 Oak Canyon, Suite 150, Irvine, California ( "CONSULTANT"), and is made with reference to the following: RECITALS: A. On October 28, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for professional engineering services for the Jamboree Road Improvements (Bristol Street North to Fairchild Road) project, hereinafter referred to as "PROJECT." B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT, to extend the term of the AGREEMENT to December 31, 2012 and to increase the total compensation. 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. ONE," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to December 31, 2012. 2. ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. ONE including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION 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 to the AGREEMENT. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Twenty -Four Thousand, Four Hundred Fifty -Nine Dollars and no/100 ($324,459.00) without prior written authorization from City, 3.1 The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty -Nine Thousand One Hundred Dollars and no/100 ($29,100.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: ynete . eauc amp Assistant City Ak t ney ATTEST: Y: �K Leilani I. Brown, WPo City Clerk qtr aoa�r CITY OF NEWPORT B A Municipal Corporra�i St'ephen G. Sed—um Public Works Director VA CONSULTING, INC.: H, By: Ze. Michael S. Carter, Secretary and C.F.O. Attachment: Exhibit A — Additional Services to be Performed 2 EXHIBIT A Pi- CONSULTING February 10, 2010 Mr. Andy Tran Senior Civil Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Tran: This letter is an amendment (Amendment No. 1) request for additional engineering and environmental services (Amendment No. 1) related to the Jamboree Road Improvements from Bristol Street North to Fairchild Road in the Cities of Newport Beach and Irvine, California (Per Professional Services Agreement dated October 14, 2008). The total amount of this change order request is $ 29,100. A detailed Scope of Services and Fee Estimate (Exhibit "A ") are included with this letter. We will provide our services on a time - and- materials, not -to -exceed basis in accordance with our original contract fee schedule. Please indicate your approval in the space provided below and return a copy to our office. If you have any questions, please feel free to contact Jeff Wilkerson or me at (949) 474 -1400. Sincerely, MPV1kam cc: Jeff Wilkerson Wayne Richardson Contracts Approved by: Andy Tran Date: VA Comiting, la. Corportur Office Orange Cwuty Division 6400 Oak Canyon, Suite 150 Irvine, CA 92618 PAooe 949.474.14()[/ Fu 949.261.8482 EXHIBIT "A" REQUEST FOR ADDITIONAL ENGINEERING AND ENVIRONMENTAL SERVICES FOR JAMBOREE ROAD IMPROVEMENTS PROJECT NEWPORT BEACH AND IRVINE, CALIFORNIA AMENDMENT NO. 1 SCOPE OF SERVICES Remobilization of Design Team The project was placed on hold in approximately April 2009 while issues were worked out between the City of Newport Beach (City) and City of Irvine (COI). This task includes the time spent by VA Consulting Inc. (VA) staff to coordinate with the City, coordinate with VA Subconsultants, and the time required to review previous meeting minutes and COI plan check comments in order to determine at what point the project left off, address changes to the project, and to compile a list of unresolved project issues. 2. Revise Concept Plan Revise the Concept Plan per the following City requests: D Join the future SR -73 Bridge Widening Project instead of joining existing improvements as previously shown. This created significant alignment changes throughout the project; ➢ Lengthen the southbound triple left and narrow the median to accommodate a future additional left turn lane into the Koll Center; and, Reduce the left turn lane widths from widths previously directed by the City to use. Revise the Concept Plan per the comments generated at the meeting with COI on February 3, 2010. The following revisions to the plans will be made: ➢ Revise geometrics between MacArthur and Centerpointe to incorporated lane, median, and sidewalk width changes discussed at the meeting. Y Revise channelization islands on the northeast and southeast comer of Jamboree and MacArthur to accommodate landscaping. In addition to the above revisions, this task includes approximately eight (8) hours of staff time to be used to address future comments by the City or COI may have after their review of the final Concept Plan. 3. Additional Retaining Wall Structural Calculations and Plans For the original proposal, VA assumed the improvements would include a 2:1 slope for the parcel adjacent to the SR -73. During the preliminary design process, possible environmental impacts were discovered which made a retaining wall in this area a potentially better option. Once the Jurisdictional Delineation Survey is performed (See Item 5), VA will recommend the best option. This task includes additional structural calculations and retaining wall plan preparation that will be required only if the retaining wall option is selected. 4. Lane Drop Weaving Analysis At the direction of the City, VA prepared a Lane Drop Weaving Analysis to investigate the operational issues associated with the proposed auxiliary/right -tum lane drop or "trap right -turn lane' at the Jamboree Road and Centerpointe intersection. This task includes staff time involved in the preparation of the original study and time spent responding to COI check comments. 5. Jurisdictional Delineation Survey For the original proposal, UltraSystems (US) assessed that any impacts to the parcel adjacent to the SR -73 would be outside the jurisdiction of California Department of Fish and Game (CDFG) and the US Army Corps of Engineers (ACOE). However, during their preliminary biological survey, they found that the biological sensitive areas extend further up the existing slope than they anticipated, and they cannot safely assume that the project footprint of either option (retaining wall or 2:1 slope) would be outside of the biological sensitive areas. Therefore, this task includes a Jurisdictional Delineation Survey to establish the limits of CDFG and ACOE jurisdictions. VA will attempt to provide a design (most likely retaining wall option) that stays outside of the agency jurisdictions. This Rem does not include the cost of a separate Jurisdictional Delineation Report which would be necessary if neither option can stay outside of agency jurisdictions. 6. Additional Biological Survey Services US performed a portion of the biological survey on December 12, 2008. Because this survey is over a year old, the information gathered during this survey is no longer valid. This task covers the cost to redo this work. ASSUMPTIONS AND EXCLUSIONS VA will revise the Concept Plan per the geometrics agreed to at the February 3, 2010 meeting with the City and COI. Therefore, comments made by the City and COI are expected to be minor. 2. VA will assume that for the Final Engineering plans, the proposed improvements will be joining the future SR -73 Bridge Widening Bridge. If, during final design, the City directs VA to join the existing improvements, an additional change order will be required to cover the cost of revising the plans. 3. Species Specific Studies or a Jurisdictional Delineation Report are not included, but may be required R the project footprint cannot be designed outside of the CDFG or ACOE jurisdictions. 4. If the 2:1 slope option adjacent to the SR -73 parcel is chosen, modifications to the drainage outlet structure at the bottom of the basin will require a separate change order of approximately $3,000. In that case, Item 3 above will no longer be needed, so the City may elect to allow VA to use a portion of that item's budget to cover the fees associated with the drainage outlet structure design. zwaemun oeoo .�emmcn.v.aa.raaa+rmps+..+w+� 2 FEE ESTIMATE 1. Remobilization of Design Team ..................................................... ............................... $3,700 2. Revise Concept Plan ............................................ ............................... ......................... $6,500 3. Additional Retaining Wall Structural Calculations and Plans ............... ......................... $6,500 4. Lane Drop Weaving Analysis ............................... ............................... ......................... $6,000 5. Jurisdictional Delineation Survey .......................... ............................... ......................... $4,400 6. Additional Biological Survey Services ........................................... ............................... $2,000 TOTAL FEE ESTIMATE ........................................... ............................... ........................$29,100 CONTRACT SUMMARY: OriginalContract: ........................................................................................ ................. $ 295.359 ChangeOrder #11: ............................................................................................................ $29.100 Revised Contract Amount: .......................................................................................... $324,459 awq.mon amm .�r�.o.oie.rroo�ra.owvr�..�aoe 3 �lJl[!�l��ld�i'a�IRIIYr/1Dlltat� f It • 0 < #671 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this W9 day of 4K(k4N , 2005, by and between the CITY OF NEWPORT BEACH, a Muni al Corporation ( "CITY "), and VA CONSULTING, INC., a California Corporation whose address is 17801 Cartwright Road, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On October 28, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for the preparation of construction documents for the widening of Jamboree Road from Bristol Street North to Fairchild Road, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. 1 to reflect modifications to the AGREEMENT. C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. The AGREEMENT included right -of -way appraisal and acquisition services to be completed by Overland, Pacific and Cutler, Inc., hereinafter referred to as "SUBCONSULTANT ". To preserve confidentiality of the affected property owners, SUBCONSULTANT shall coordinate directly with the City Attorney's Office. Right -of -way appraisal and acquisition services are being performed at the City Attorney's request and is confidential. CONSULTANT and SUBCONSULTANT compensation shall remain unchanged. 2. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. • APPR VED AS TO FORM: 7 City Attorney for the City of Newport Beach ATTEST: By: a,, 4� -P �ffml" Leilani Brown, City Clerk 0 CITY OF NI A Municipal Rs Director of Newport Beach CONSULTANT: By: _ rporate Officer) Title: President and CEO Print Name: Max P. Vahid M (Financial Officer) Title: Secretary and CFO Print Name: Michael S. Carter F. tusersipbMshared%agreementsUy 08- 091finalized - va consultlng- jamboree imp bdstol to fairchildWa- jamboree improvements (bdstol to fairchild )-amend no t.doc PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHID ROAD) THIS AGREEMENT is made and entered into as of this 1011day of Doto k 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and VA CONSULTING, INC., a California Corporation whose address is 17801 Cartwright Road, Irvine, California, 92614 ( "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 Jamboree Road from Bristol Street North to Fairchild Road. C. City desires to engage Consultant to prepare construction documents for the widening of Jamboree Road from Bristol Street North to Fairchild Road (`Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be John Wolter, Division President. 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 st day of December 2010, 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 City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Ninety -Five Thousand Three Hundred and Fifty -Nine Dollars and no /100 ($295,359.00) 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 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 JEFF WILKERSON 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. ANDY TRAN 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. 1 • • 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, 11 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 sole negligence, 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. N 0 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. 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 Employers 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. a 0 0 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. • 0 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 City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subconsultant. Nothing in this Agreement shall create any contractual relationship between City and subconsultant nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subconsultant other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subconsultant for purposes of establishing a duty of care between the subconsultant and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. I 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24- inch 7by 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 Adobe PDF 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 CAD 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 CAD data; (b) the decline of accuracy or readability of CAD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CAD 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 CAD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CAD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" and ".pdf' 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 Sheet. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. n a 19. CONFIDENTIALITY ..J All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22, RECORDS 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. An 0 0 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Andy Tran, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3315 Fax: 949 - 644 -3308 ,I All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Jeff Wilkerson, Project Manager VA Consulting, Inc. 17801 Cartwright Road Irvine, CA 92614 Phone: 949-474-1400 Fax: 949-261-8482 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. A7 • • 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. A-,) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: C City Attorney for the City of Newport Beach ATTEST: By: . LaVonne Harkl s , City Clerk WPo� C°LFow�`� CITY P,IEWPOR B ACH, A M nn'ipalNc_r or do n K010 iviayor for the City of Newport Beach CONSULTANT: By: (C rpo ate Officer) Title: President and CEO Print Name: Max P. Vahid By: (Financial Officer) Title: Secretary and C Print Name: Michael S. Carter Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:\users\pbw\shared\agreements\fy 08-09\va-jamboree improvements (bristol to fairchild)\va-jamboree improvements (bristol to fairchild).doc IA PROFESSIONAL CONSULTANT SERVICES TO PREPARE FINAL DESIGN CONSTRUCTION DOCUMENTS FOR JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD V> CONSULTING VA CONSULTING, INC. Orange County Division 17801 Cartwright Road Irvine, CA 92614 949.474.1400 www.vaconsultina inc.com Revised October 2, 2008 • • TECHNICAL PROPOSAL V City of Newport Beach - Public Works Deparirrient vices Professional Design Consultant Services 1 JAMBOREE ROAD IMPROVEMENTS CONSULTING Revised October 2, 2008 BRISTOL STREET NORTH TO FAIRCHILD ROAD WORK PLAN A. Backaround Research, Data Collection. and Field Visits VA will research and obtain available as -built record drawings, reports, assessor's parcel maps, right -of -way maps, street centerline ties, utility information, aerial photos and topographic mapping and other pertinent information for the project from the City, City of Irvine, County, Caltrans, or as appropriate. VA will also make field visits as required to evaluate and document existing conditions. B. Utility Coordination Assistance and Utility Base Mao VA will identify all public utilities within the project limits and will assist City staff with utility coordination. VA assumes that City staff will request all utility maps and send out all utility verifications and relocation notices. VA will prepare a Utility Base Map depicting all existing utilities found within project limits based on available information, and indicate any proposed utility adjustments or relocations on the construction plans. C. Design Survey VA will provide a topographic survey of a portion of Jamboree Road (from one hundred feet southwest of Bristol Street North to one hundred feet northeast of Fairchild Road). Control data will be assembled and established for the project area (Orange County horizontal and vertical control per RFP). This survey at twenty five (25) cross - sections (northwesterly curb to fifty feet beyond southeasterly curb on Jamboree Road including one hundred feet beyond curb returns southerly on MacArthur Boulevard and Fairchild Road) will include the ground surface and any visible surface utilities (manholes/inverts, water valves, fire hydrants, catch basins, utility boxes, utility poles, guy wires, vaults, etc.) curb/gutter, driveways, existing adjoining building comers, fences, landscape, trees, striping, paving, walks, handicap ramps, walls, signage, etc. The survey data will be down loaded and compiled to create topographic mapping of the area, including right -of -way, centerline, parcel lines, surface features, culture and contours for tentative mapping purposes. The final map (24"x 36 ") will be at a scale of 1" = 40' with 1' contours. D. Geotechnicat Investigation Ninyo & Moore (N &M) will prepare the geotechnical investigation for the project in order to provide geotechnical design criteria and recommendations for the proposed roadway widening and retaining wall. The general scope of geotechnical services will include: • Project coordination and scheduling of field activities. • Review of readily available background documents including topographic and geologic maps, published geotechnical literature, stereoscopic aerial photographs, in -house information, and other plans and /or reports provided to us. • Acquisition of permits necessary to proceed with our subsurface exploration. • A geotechnical reconnaissance of the site to observe existing site conditions, to mark the proposed boring locations, and to coordinate with Underground Service Alert (USA) for underground utility clearance. • Subsurface evaluation consisting of drilling, sampling, and logging of four small- diameter exploratory borings up to a depth of approximately 50 feet below the surface and/or approximately 5 feet into competent material, whichever is shallower. Traffic control will be X: Warketirg %PioposalsU_20WUUIVnovggi BeaUNam� Rag Wkim*ri lPROP.Ten ical -REV doc Page 7 ENGINEERS PLANNERS SURVEYORS • V 1, CO SUVT Revised October 2,2006 10 TECHNICAL PROPOSAL City of Newport Beach - Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD performed, as appropriate, in general accordance with the W.A.T.C.H. manual. The purpose of our borings will be to observe the subsurface conditions at the site and collect samples for laboratory testing. Relatively undisturbed and bulk samples will be obtained at selected intervals from the borings. The soil samples will be transported to our laboratory for testing. The borings will be backfilled with on -site soils. ➢ Laboratory testing of selected samples to evaluate in -place moisture and dry density, soil gradation, consolidation properties, direct shear strength, R -value and corrosion potential of the on -site soils. ➢ Compilation and geotechnica! analysis of field and laboratory data, including analyses to evaluate and provide recommendations for the following: - Suitability of the site for the proposed construction from a geotechnical standpoint. - Description of the geology and on -site soils anticipated at the site, including an evaluation of geologic hazards. - Evaluation of temporary stability of excavations associated with the proposed retaining walls. - Development of geotechnical design parameters for design of the proposed walls, including bearing capacity, settlement, lateral resistance, and lateral earth pressures. - Trenching recommendations including excavation, bedding material, shoring, and backfill compaction of the trenches. D Preparation of a report presenting the results of our site reconnaissance, subsurface exploration, laboratory testing, engineering analyses as well as our conclusions and recommendations relative to the geotechnical aspects of project design and construction. E. Right of Way Engineering VA will prepare metes and bounds legal descriptiontplat exhibit for right - of-way acquisitions and temporary construction easements. VA will obtain, through a reputable Title Company, current Tide Reports on behalf of the City for five (5) parcels. This proposal includes reviewing a 6 month current preliminary title report/ deeds/easements /record maps of each of five affected properties and legal description /plat exhibit preparation of two (2) each for a total of ten (10) exhibits. Processing of legal description /plat exhibit for right -of -way acquisitions and temporary construction easements is not a part of this proposal. Conceptual Roadway Plan A Conceptual Roadway Design Plan will be prepared to illustrate the scope of the proposed horizontal improvements to Jamboree Road and the Macarthur Boulevard. intersection. The plan will show all major elements of the proposed design so that the City can review and comment on the concept design before final improvement plans are prepared. The plan will clearly illustrate the proposed grading, roadway, drainage, traffic, and right of way changes required to implement the improvements. The plan will be prepared in "Plan Only" format at a 1 "= 20' horizontal scale. The plan will be prepared in AutoCAD, in accordance with the City's drafting and plan preparation standards. xV4Q*k KV1Pr0pose1ST_2WW.Iic eWPM 9eadeJamWo goad WdardN TOP- Techni -REV d= ENGINEERS PLANNERS SURVEYORS Page 8 Vn. • CO SULTG Revised October 2. 2008 G. Environmental Documents Tasks 1 and 2 - Initial Study • TECHNICAL PROPOSAL City of Newport Beach - Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD Attend kickoff meeting to review City objectives and project background. Obtain all applicable documents necessary to prepare the project description, and prepare the Screencheck Initial Study (IS) presenting its assessment of the projects potential environmental impacts. UltraSystems will prepare a Biological Resources technical study and the results will be presented in the IS. The Biological Resources technical study is described below. VA Consulting will prepare the responses to the traffic and circulation questions in the IS. Based on the information developed in the Initial Study, documentation will be presented that supports a preliminary conclusion that the project as proposed will not produce a significant effect on the environment after mitigation measures are implemented, thus warranting preparation of a Mitigated Negative Declaration; and that the project does have the potential to produce significant environmental impacts requiring the preparation of an Environmental Impact Report (EIR). The Initial Study will include the following information: (1) a description of the project; (2) a discussion of the project's existing environmental setting; (3) a list of discretionary/ministerial approvals; (4) information identifying the project's potential environmental effects; (5) a discussion of the suggested means, if necessary, to mitigate any potentially significant effects below a level of significance; (6) an examination of whether the project would be consistent with existing zoning, General Plan policies, and other applicable land use controls; and (7) the name of the person(s) participating in the preparation of the Initial Study (Section 15063(d), CCR). Identification of Responsible and Trustee Agencies: UltraSystems shall identify all Responsible and Trustee agencies per State CEQA Guidelines § 15381 and 15386. Consultation with Responsible and Trustee Agencies: UltraSystems shall consult with all responsible and trustee agencies in compliance with PRC § 21080.3 and State CEQA Guidelines § 15063(g) to obtain their recommendation as to whether an EIR or Negative Declaration should be prepared. Biological Resources Technical Study: The following tasks will be performed by UltraSystems biologists: Review of Existing Information: Available, potentially relevant biological resource information will be reviewed before the fieldwork is conducted. The review will focus on the potential occurrence of sensitive resources that may be directly or indirectly affected by implementation of the project. The project description, project design, and project footprint maps, previously prepared site reports, information on site history, and local planning documents will be provided by the City. Additionally, UkraSystems will review resource references and databases, such as available soils maps, the California Natural Diversity Data Base, California Native Plant Society Electronic Inventory, and UltraSystems reference files, as well as applicable biological regulatory information. The drainage flows from the areas immediately surrounding the project site that may affect drainage onto the site will be determined. The fate of water and sediments that will drain from the project site to areas and waters outside the project footprint will be mapped. General Biological Field Survey and Evaluation: After reviewing and field truthing the relevant information obtained in Task I, the site will be evaluated with a thorough walk -over covering portions relevant to potential biological effects and constraints. The visit will consist of a general biological survey to determine the existence or potential existence of any sensitive vegetation, rare, threatened, or endangered and other special status species. Detailed field notes will be xwlad 0ngXPmiwsds1P— 2�fife -PW Be CUambo Ra d Wdw gW OP -Ta i.Il EVdw ENGINEERS PLANNERS SURVEYORS Page 9 • V> CONSULTING L Revised October 2, 2008 0 TECHNICAL PROPOSAL City of Newport Beach - Public'Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD compiled including conditions, visible disturbance factors, species, habitats, and more general biological resource issues observed or detected. The site will be evaluated regarding the presence, absence, or likelihood of occurrence for all special status species, habitats, or more general biological resource issues potentially posing a constraint to the project through applicable laws and regulations. UltraSystems field biologist will also briefly examine adjacent areas. Prepare and Submit Biological Resources Survey Report A letter report will be written to analyze the information obtained in Tasks I and 11. A map will be included to indicate the vegetation communities on the site, and the species observed in the project footprint. The regulatory context of the project will be evaluated with regard to existing biological resource laws, regulations and court precedent, including the California Environmental Quality Act (CEQA). Direct and indirect project impacts will be evaluated. All species with special legal or management status along with more general biological resource issues, which have any reasonable potential to constrain the project, will be briefly addressed, including conclusions regarding such constraints. Listing of special status species which include the site in their general range, but which have no reasonable potential to occur or otherwise constrain the project, will be included but not further discussed. UltraSystems will provide recommendations (if necessary) for mitigation measures or further work to clarify relevant issues, if they are essential or appropriate. For example, any additional focused species - specific surveys that may be required to document the actual presence (or absence) of those select species whose presence could not be definitively concluded in the absence of full compliance with established survey protocols. Exhaustive details of mitigation measure design, implementation and monitoring programs will not be provided. UltraSystems will not provide comprehensive lists covering all species expected to occur on the project site. Any constraints of the project posed by biological resource laws and regulations will be summarized, and brief general conclusions and recommendations will be provided. UltraSystems will provide a Draft Biological Resources Survey Report for City review. Based on one set of written comments a Final Biological Resources Survey Report will be prepared. Required Materials: The following materials are required to fulfill the Biological Resources Scope of Work: ➢ A complete written description of the project, including location and boundaries. ➢ An engineering map showing the project plans, grading limits, staging areas, and other relevant project activities that may affect biological resources. ➢ Two copies are required of accurate aerial photographs or maps of the project site which show the project footprint and legible elevation contours free of project detail, and at a scale of from 1 " =200' to 1"=400'- ➢ Copies of relevant prior environmental documents including any general or specific plans, which must be considered, and biological reports previously prepared for the site. ➢ If necessary, keys, lock combinations, letters of permission, and any other materials necessary to allow us full, efficient and reasonable access to the site. Deliverable., UltraSystems shaff provide VA and the City with fifteen (15) copies of the screencheck Initial Study for their review and comment XVA3"bWrapos AP__2W8%PubadNewpod BechVaTbw Road WOwngWROP.Technm!REV doc ENGINEERS PLANNERS SURVEYORS Page 10 V_- . CONSULTING Revised October 2, 2008 Task 3 - Mitigated Negative Declaration • TECHNICAL PROPOSAL City of Newport Beach - Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD Should the City determine that based on the Initial Study, there is no substantial evidence that the project may cause a significant effect on the environment after mitigation measure have been implemented, or that revisions to the project would avoid or mitigate any potentially significant effects to a level of insignificance, UltraSystems will perform all components of Task 3.0 as described below. Document Preparation: UltraSystems will prepare a draft MND for review by VA Consulting and the City. As required, that document will include a brief description of the project, the name of the project proponent a proposed finding that the project will not have a significant effect on the environment, and an attached copy of the Initial Study documenting the reasons to support the findings and mitigation measures to reduce or avoid identified impacts. Notice of Intent to Adopt a MND: UltraSystems shall prepare a Notice of Intent to Adopt a MND in order to give sufficient notice to the public, responsible agencies, trustee agencies, and the County Clerk. Per State CEQA Guidelines, the notice will contain a brief project description and its location; the starting and ending dates for the review period during which the City will accept comments; the date, time and place of any scheduled public meetings or hearings, and the address where the copies of the MND are available for public review. Document Circulation: As outlined under Task 2.2, UltraSystems will provide notice of document availability to the public (the City will be responsible for all newspaper notices), Responsible Agencies, Trustee Agencies, and the County Clerk. Document Revisions: UltraSystems shall revise the draft document per VA Consulting and the City's comments or in response to comments received during the public review period. We have only budgeted for one round of document revisions - refer to existing spreadsheet. Deliverable: Fifteen (15) copies of the final document will be provided to VA for distribution to the City. Additional copies will be available, based on a time and material basis. Task 4 - CEQA Processing Support Services This task includes those activities required to support the preparation of the MND, comply with specific procedural obligations specified under CEQA, and represent that document before the City. CEQA Documents and Notices Distribution: This task includes all activities required to distribute via certified mail those notices and other pertinent documentation to all Responsible Agencies, Trustee Agencies, the State Clearinghouse (probably not necessary), pertinent local agencies, interested organizations, groups, and individuals. Posting with the County Clerk: UltraSystems shall ensure posting of the NOA and NOD at the Office of the County Clerk. Payment of California Department of Fish & Game (CDFG) fees is required when the NOD is filed with the County Clerk and they not included herein_ The current 2008 fee is $1,876.75. Note: We have assumed no General Plan Amendment will be required for either Newport Beach or Irvine. X: N8' kOUflg'ROpasaST- 20WWiCU40WPW SeachUambll ftW KftN glPROP.Te id. EVe Page 11 V CO ULTIIrG Revised October 2, 2008 H. Construction Documents Improvement Plans • TECHNICAL PROPOSAL City of Newport Beach - Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD Improvement Plans will be prepared for the required improvements in AutoCAD 2007 in accordance with City format and design standards. The following will be included as part of the Improvement Plans: a. Title Sheet, Typical Sections, and Details A single title sheet and single typical sections and details sheet will be prepared as part of the Improvement Plans. b. Roadway Plans and Profiles Plan and profile sheets will be.prepared for the required improvements at 1" = 40' horizontal scale and V = 4' vertical scale. The roadway plans will show construction of new pavement, median modifications, curb and gutter, sidewalk, curb ramps, utility relocations, catch basin relocations, and offsite grading required for the proposed roadway widening. C. Design Cross Sections Design cross sections will be plotted every 25 foot intervals at V =20' horizontal scale and 1 " =2' vertical scale. Each design cross section will show proposed and existing elevations and proposed cross slopes. e. Retaining Wall Structural Calculations and Plans VA will prepare structural calculations and details for the proposed retaining walls and retaining wall plans will be prepared and included as part of the Improvement Plans. Signing and Striping Plans VA will prepare one (1) signing and striping plan 'double stacked," using AutoCAD, at 1' = 40' scale to implement the project improvements. The signing and striping plan will show removal of all existing striping, pavement markings, and signage conflicting with the proposed improvements, and installation of new striping, pavement markings, and traffic signs. The traffic sign work will be based on an inventory of existing signs and an assessment of new project signage requirements. All improvements will be based on the latest California Manual on Uniform Traffic Control Devices (CA MUTCD) and City of Newport Beach and Irvine standards. g. Traffic Signal Modification Plan VA will prepare two (2) traffic signal modification plans using AutoCAD at V = 20' scale for implementation of traffic signal improvements at the MacArthur Boulevard/Jamboree Road and Koll Center, Centerpointe and Jamboree Road intersections as required by the project. Traffic signal plans will be prepared in accordance with City of Newport Beach, City of Irvine, and Caltrans standards as XV.taicetingTfUWMWP 20081PuDf enpW BeadNambNm Road WWergg {PROP -Te icW-REV d ENGINEERS PLANNERS SURVEYORS Page 12 CONSULTRevised October 2, 2008 TECHNICAL PROPOSAL City of /Newport Beach — Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD applicable. As part of this task, VA will conduct a thorough field inventory of the existing signal improvements to confirm and supplement the as -built plans. h. Traffic Control Plans Based upon the project improvements, VA anticipates that generally two construction phases will be required. One phase will consist of closure of the No. 3 eastbound through lane on Jamboree Road to construct the outside curb widening improvements and a second phase will consist of closing the No. 1 through lane in each direction of Jamboree Road for reconstruction of the raised median on the easterly approach of Jamboree Road. Based on this phasing, four (4) construction phasing/traffic control plans will be required for implementation of the project improvements. Traffic control plans will be prepared using AutoCAD, at 1" = 40' scale and will follow the guidelines established in the California Manual on Uniform Traffic Control Devices (CA MUTCD). Traffic control plans will be "double stacked" with two horizontal layout strips placed on each plan. The plans will show traffic control measures required for the construction of the project including all traffic control devices, temporary lane delineation, and construction signing. VA will make every effort to reduce the impacts of traffic control and lane closures on adjacent properties by implementation of an efficient design that emphasizes public and worker safety and cost-effective construction. VA has noted that closure of the eastbound No. 1 through lane on Jamboree Road is required for construction of the new raised median on the easterly approach. The traffic control for this closure is anticipated to extend into Caltrans RMI at the SR -73. Therefore, this task includes preparation, submittal, and processing of an encroachment permit application to Caltrans for implementation of traffic control devices within state right-of-way. Landscape Architecture NUVIS will conduct a pre -design tour with sketchbook and digital camera to familiarize ourselves with existing conditions and potential effect on the design solution. The tour will include the City's Project Manager and appropriate team consultants and inter -departmental representatives. We will then respond with a preliminary landscape and irrigation plan which will depict the proposed functional and spatial relationship to the site configuration: ➢ creating an imaginative program/theme capitalizing on positive features; ➢ address landscape, hardscape, visual improvement recommendations, community identification opportunities; and ➢ Conform to the most current City and Caltrans/FHWA landscape regulations and requirements. View potential and visual impact will be considered. View potential describes the views form the sites to the surrounding areas whereas visual impact indicates the visibility of the scenic corridor form the bordering areas. Often, the areas within the strongest impact also provide the greatest view potential. Once the preliminary landscape and irrigation plan is mutually agreed upon, NUVIS shall refine and prepare construction documents at a 35% submittal level. The first step in the preparation of construction documents involves consolidating explicit XAMarketingTroposals\P_2008tPublicWewpW BeachUamboree Road Wdening\PROP-Technical-REV.doc ENGINEERS PLANNERS SURVEYORS Page 13 • 0 TECHNICAL PROPOSAL V City of Newport Beach D Pubhc Works Department Professional Design Consultant Services 1 JAMBOREE ROAD IMPROVEMENTS CONSULTING Revised October 2, 2008 BRISTOL STREET NORTH TO FAIRCHILD ROAD information into an accurate "base sheet." It is our recommendation to submit this "base sheet' through the review process. We have found that approval of the base sheet at this stage has prevented major design alterations once construction documents are underway. The landscape and irrigation PSSE will be submitted for plan check corrections to the City as part of the total package. NUVIS anticipates submittals at the 35%, 65 %, 95 %, and 100% levels. Specification documents for the landscape and irrigation portions of the project shall conform to the District standard construction methods, the Standard Specification for Public Works Construction and applicable County, State, and Federal regulations and codes (i.e., CPSC, ADAAG and DOI). As requested by City, NUVIS will visit the site at intervals appropriate to the stage of construction to review the progress and quality of the work related the landscape and irrigation plan items and to determine in general if the work is being performed in a manner indicating that the work, when completed, will be in substantial conformance with the construction documents. However, NUVIS will not make exhaustive or continuous on -site inspection to check quality of the work. 2. Special Provisions VA will prepare Special Provisions to the Standard Specifications of Public Works Construction in accordance with City standards and guidelines for the items of work included in the project in a format consistent with the City boiler plate and current City projects. VA will submit the Special Provisions at the 95% and 100% final submittals. 3. Quantity and Cost Estmates VA will prepare a complete construction quantity and engineer's opinion of probable construction costs for each project. VA will submit the estimates in Microsoft Excel format at the 50 %, 95% and 100% final submittals. t. Protect Manaqement and Meetings This task provides for project management time to coordinate the activities of the consultant team and City of Newport Beach staff during progress of the work, and management time to prepare for and attend project meetings during the design phase of the project. We have assumed management time of 6 hours per month for six (6) months and three (3) hours per meeting for a maximum of fifteen meetings for a total of 81 hours. VA will prepare for and attend a maximum of fifteen (15) meetings as follows, 1 — Kick -off meeting; 1 — 50% Plan submittal review /approval meeting; 1 —80% Plan submittal review /approval meeting; 1 — 95% Plan submittal review /approval meeting; 1 -100% Plan submittal review /approval meeting; and 10 — Design meetings. VA will prepare and distribute meeting agendas and minutes and communicate regularly with City staff regarding project issues and status via email and telephone. XWark9Nn9WMP052WLP __200BW bWNewpoh Beat Uamb w Road Wix* i gIPROP.Terhrvwl.REV E ENGINEERS PLANNERS SURVEYORS Page 14 • V CO NSC�LTt,NC Revised October 2, 2008 J. Coordination with City of Irvine L. M. 0 TECHNICAL PROPOSAL City of Newport Beach - Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD VA and/or VA's subconsultant will coordinate with, attend meetings, and present project information to key staff at the City of Irvine. We have assumed a total of approximately 96 hours for this task. Bid Phase Support VA will assist the City in preparation of contract documents for bidding, and attend the pre -bid meeting. VA will be available to respond to questions from bidders, provide clarification of plans and specifications, and prepare addenda as needed to modify or clarify the Contract Documents during the bid phase. VA will also assist the City in evaluating the submitted bids. The budget for this task assumes approximately 36 hours of combined VA staff time. Construction Phase Support VA will assist the City during the construction phase and will attend the Pre - Construction Meeting. During construction VA will attend periodic (bi- weekly) construction meetings, review shop drawings/submittals, and respond to requests for information (RFI) from the Contractor and the City. VA will also perform site visits at major milestones of the completion of construction to observe in general if the work is being performed in substantial conformance with the construction documents. Upon completion of construction, VA will prepare Record Drawings based on markups provided by the Contractor and City inspector. The budget for this task assumes approximately 72 hours of combined staff time and a construction duration of approximately (3) three months beginning in 2009. Appraisal and Acquisition Services 1. Appraisal Services ➢ Overland, Pacific & Cutler (OPC, Appraiser) will mail a notification letter and acquisifion policies brochure to the property owner, requesting permission to conduct an on -site inspection of the property, advising them of their right to accompany the appraiser at the time of the inspection, and requesting information regarding the property appraised which could influence the appraised value. ➢ Appraiser will review title information pertaining to respective ownerships and will review drawings and other pertinent information relative to the parcel. D Appraiser will inspect each property personally with the owner (if possible) and document the inspection with photographs for use in the report. D Appraiser will inventory all improvements affected by the proposed taking including notes on their manner of disposition (i.e., pay -for and remove vs. move back). Appraiser will perform market research to support the selected appraisal methodologies and will document and confirm comparable sales information. D Appraiser will prepare a narrative appraisal report that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal study and report are intended to serve as an acquisition appraisal and will be prepared in a summary format consistent with the specifications for narrative appraisal reports. OPC will receive and analyze the completed appraisal reports and will reconcile the real estate and fixtures and equipment conclusions as necessary. XWWkeingU'r Sala 20"WiMexpo SeadUmbwee Road W ,demnglPROP-Tegvi,cal- REV.dx Page 15 • 0 TECHNICAL PROPOSAL V Crty of Ne r o t Beach D Pubfrc Works Dt Servi ent Professional Design Consultant Services _ 1 JAMBOREE ROAD IMPROVEMENTS CONSULTING Revised October 2, 2008 BRISTOL STREET NORTH TO FAIRCHILD ROAD 2. Acquisition Services ➢ Establish and maintain a complete and current record file for each ownership in a form acceptable to the client. ➢ Receive and analyze title information, approved appraisal reports and legal descriptions in sufficient detail to negotiate with property owners and other parties. ➢ Prepare all offer letters, summary statements, and lists of compensable items of fixtures and equipment, in accordance with state or federal regulations and approval of client. ➢ Present written purchase offers to owners or their representatives in person, when possible. Secure receipt of delivery of offer as practical and present and secure tenant information statements, as applicable. ➢ Follow -up and negotiate with each property owner, as necessary; prepare and, submit recommended settlement justifications to client for review and approval; review any independent appraisal secured by property owner and coordinate reimbursement of appraisal fees (up to $5,000) with client. Ongoing negotiations and settlement discussions will continue for 8 weeks after the initial offer or until we reach settlement or impasse. ➢ Prepare and assemble acquisition contracts,- deeds and related acquisition documents required for the acquisition of necessary property interests. Legal descriptions to accompany easements or to accompany partial acquisition deeds are not included in this Scope of Work. ➢ Maintain a diary report of all contacts made with property owners or representatives and a summary of the status of negotiations indicating attitude of owners, problem areas, and other pertinent information. Copies of all applicable written correspondence will be maintained in files. ➢ Prepare an impasse letter for any parcel where, after diligent attempts to settle by negotiation, it appears eminent domain will be needed or prudent to acquire the needed interest ➢ Transmit executed acquisition documents to client. Each transmittal package shall include a fully executed and properly notarized deed(s), fully executed acquisition contract with attachments, and a brief settlement memorandum which summarizes the pertinent data relative to the transaction. Title/Closing, If by Negotiated Settlement Assist the escrow /title company in the following: ➢ Open escrow and coordinate execution of closing instructions providing for title insurance coverage at the settlement amount. ➢ Provide escrow officer with fully executed acquisition contract and notarized deed. ➢ Review settlement statement for accuracy. ➢ Coordinate deposit of acquisition price and estimated closing costs with escrow. ➢ After the dosing, review the title insurance policy for accuracy. ➢ Prepare and mail a letter to County Assessor requesting cancellation of taxes if appropriate. XWl8rke&gAPMP0s SAF 20WUbkMewPW BeachUamh Road Wd.,VPROP -Te icaWEV.d ENGINEERS PLANNERS SURVEYORS Page 16 V> COf\5ULT1 Revised 0 October 2, 2008 Title Clearance Services to TECHNICAL PROPOSAL City of Newport Beach — Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD ➢ Work in conjunctioh with escrow officer to facilitate the clearance of title matters as set forth in the settlement memorandum and escrow instructions. ➢ Coordinate payment of taxes due and release of liens. • Secure full or partial reconveyance instruments from lien holders of record. • Coordinate lost instrument bonds as may be necessary. • Coordinate and facilitate recordation of corrective deeds to clear vesting issues. • Secure subordination agreements from conflicting easement holders. X: VAarkeirVVropoagalP20DWuMcWewpo 8eachUamboree Road WiOe.9WROP- Teem -RCV.O ENGINEERS PLANNERS SURVEYORS Page 17 Ah r-I A JAMBOREE ROAD IMPROVEMENTS - BRISTOL STREET NORTH TO FAIRCHILD ROAD CITY OF NEWPORT BEACH ENGINEERING SERVICES PROPOSED PROJECT SCHEDULE Ip a 'TUlc Nertn Wrvtion I I $Yd I Fnish OM X09 Nov px 'f0 FeD l Jun Jul AM I Sm Od Nov Oea Jan FM amr 1 ...z-.l® l ® —.- - ...ItIPlf Prelmirury EnpilNaMrq 6Ceerdru5vn NeliGm RowOEr Propel Kc9oa MeeMq FW03wwY1 MapPiip Me0iim5on /Reamrth Fedo Survey Topob l Q 'n9 Papa aeon OeeieNniwl Repave MoNvatlon f Pumts FMM 9'4M labaraluy Tests, oin Repdi Frepma5an(Su6ril::a, 5tnc1 A9 ,llK F"Rapml PM ua lSuM+vim 60%) Repoli CarPlerc Sadymuld ReaeartM ald Dad CdecSm ub*fnuesu iv SoGoS EO pty teed) __. . .. . ... - ... Rase Illap Paada tie0elle U* Cmpany A58u0 Fans N ;Gvv vAly Rau F !Base Map Gmpaie Lmmepl Plan .. ... - ......_ .... ... _.- .. 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PM9rcu M6edara t, Surtrury Pmpd SUmnry ^ �Taske ® Eatemel MOSSta19 4 Deadin SCfIOt_Jarbuxfrpp 1 *XHIBIT B V ` Revised October 2, 2008 SECTION VI - COST PROPOSAL • COST PROPOSAL City of Newport Beach — Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD Based on the estimated hours for the various tasks as detailed on the Fees and Expenses Estimates on the next pages, the proposed "not -to- exceed" fees and expenses for this Project are: VA Consulting $181,658 $3,379 TOTAL $185,037 Ninyo & Moore $17,502 $17,502 Overland, Pacific & Cutter $44,300 x;300 NUVIS $20,500 UltraSystems $28,020 $'28.020 TOTAL FEES $291,980 $3;379 $295;359 "The VA Team's Fee Rates will be valid through the end of 2010. 1,1130001eluSMseroepwra„v.o %Sefngs\Te.T r gIdr ir- �eswr.x3sraovto:i- nsv.aa ENGINEERS PLANNERS SURVEYORS v 1' 1' u tl 11 i1 B 2 2 V VACON9ULTM Roa4. ENOMEERS PLANNERS SURVEYORS 11601 JN9)- 11400 F. M. Cai261Na 92611 i PIroM (94B)a141{00 Frt(pIpI2616{P! f.ONSGLTINC Jamboree Road Improvements (Bristol Street North to Fairchild Road) City of Newport Beach FEES AND . .._q..... .. :::t v�.'h r -.:.i .�, nvy;ly.y:- :h ._• .. n' :- his his h.-. a: we . 'a -e �9�. Bic rM Raparoh, Dab CeIIWI.. and FNM Vlalls to 14 14 1 39.0 65,025 $101 UMNI. CccrdinMlon Asslstaot" uld Woft Spa Map 4 16 m 1 41.o MISS 5102 00,19ftSurmy a 14 6 56 85.0 $15.321 5300 Gwfthrkm twilsat4asm 2 4 4 10.0 $1,411 $26 $11,502 RI MI-Wi E npdn 10 Logal DaecN Ions 6 66 92 t 169.0 520.SST P12 $5,000 C.nmaght.1 Man 1 4 12 16 24 24 1 e1.0 $10,611 $219 EnVimnmechl OOeumonh 1 2 5 a 4 1 240 63,240 $65 $26.020 RoiMh Plana t1it.. TMIa, Datalli, Storm Dnln Rsloc. 4 4 6 24 a0 64 M 2 114.0 $22,491 60.50 Design Crpa Sections 2 4 12 16 o no 541041 Sal Roasloati, WWI eVUetmal CaICUIatIOp and Plans 1 2 24 16 1 43A $5.555 $111 SNM9 and Stdpklg Plarts 1 6 10 14 2 310 54.202 SM riMCB Dsl Medflastlons Plm 2 20 30 w 1 93.0 $11,633 $233 nMa COn"l Plecs 4 to 6 36 24 16.0 59.836 $192 Landau and 4,0 Allen Plano 2 2 4 8 1 15.0 $1,959 $39 $20,500 S Isl Prodalens 2 10 6 12 R • 469 Se.n6 $12a Quart and Cost ESOMMA 1 2 4 6 12 4 t 32.0 54956 $at Prea M6na amsM and Mistln 12 a at 610 $12,341 042 Cl Of Woe CPPrdlnatlan 6 16 66 4 %.0 614.298 $132 ROW A algal I.M. 4 a 120 $1,564 $31 621,030 ROW lsMen BsN 4 a 12.0 S1,564 SS, 523.3C0 Bid Pass* SU 2 4 12 8 a 2 36.0 54,892 $98 Cartatmeflon Ph&" SuppeMRscord Drawln 2 4 40 6 16 2 no S%U'l $199 D 'tu I M WT r a I IM 14 in 14 110 '100 25 56 1308 321" . i VA1T461pn Fwa RNmWnanMa sanmats auo C.11snu 56,514 519,2'N S12.M. 541,3D3 53.260 $19,990 $1,820^ 510,140 511.962 N2Wo S9,5a0 S725 St3.460 5961656 6115,322 0,319 1130,880 TOTAL FEES $295,359 .......�+.... mvw,..+..,e.e.,:....... »ten......,..... w- ...... e Is Jamboree Road Improvements City to Newport Beach, California TABLE 1 - BREAKDOWN OF FEE September 4, 2008 Proposal No. S-6831 PROJECT COORDINATION AND BACKGROUND REVIEW Principal Engineer /Geologist/Environmental Scientist 2 hours @ $ 154.00 /hour $ 308.00 Project Engineer /Geologist/Environmental Scientist 4 hours @ $ 142.00 /hour $ 568.00 Senior Staff Engineer /Geologist /Environmental Scientist 4 hours @ $ 128.00 /hour $ . 512.00 Subtotal /hour $ 1,388.00 SITE RECONNAISSANCE, BORING MARKOUT AND PERMIT ACQUISITION Senior Staff Engineer /Geologist/Environmental Scientist 4 hours @ $ 128.00 /hour $ 512.00 Field Vehicle Usage 4 hours @ $ 12.00 /hour $ 48.00 Subtotal $ 560.00 SUBSURFACE EVALUATION (Based on 4 borings up to approximately 50 feet deep) 4 hours @ $ 154.00 /hour $ 616.00 Senior Staff Engineer /Geologist/Environmental Scientist 10 hours @ $ 128.00 /hour $ 1,280.00 Drill Rig (Subcontractor) 10 hours @ $ 310.00 /hour $ 3,100.00 Traffic Control (Subcontractor) 10 hours @ $ 100.00 /hour $ 1,000.00 Field Vehicle Usage 10 hours @ $ 12.00 /hour $ 120,00 Miscellaneous Supplies Lump Sum /hour $ 100.00 Subtotal $ 5,600.00 LABORATORY ANALYSES Tests to include moisture and dry density, gradation, consolidation, direct shear, R -value and soil corrosivity. $ 2,630.00 Subtotal $ 2,630.00 DATA COMPILATION AND ANALYSIS Principal Engineer /Geologist/Environmental Scientist 4 hours @ $ 154.00 /hour $ 616.00 Project Engineer /Geologist/Environmental Scientist 10 hours @ $ 142.00 /hour $ 1,420.00 Senior Staff Engineer /Geologist/Environmental Scientist 16 hours @ $ 128.00 /hour $ 2,048.00 Subtotal 78.00 $ 4,084.00 REPORT PREPARATION Principal Engineer /Geologist/Environmental Scientist 2 hours @ $ 154.00 /hour $ 308.00 Project Engineer /Geologist/Environmental Scientist 16 hours @ $ 142.00 /hour $ 2,272.00 Technical Illustrator /CAD Operator 4 hours @ $ 78.00 /hour $ 312.00 Data Processing, Technical Editing, or Reproduction 6 hours @ $ 58.00 /hour $ 348.00 Subtotal $ 3,240.00 TOTAL FEE $ 17,502.00 Sfi6„ fz4, /r♦/lnya =/r)I►ooee 0 R/W Project Fee 0 Appraisals are billed as a fixed fee but the balance of the project fees will be billed each month on an hourly basis based on the total anticipated budget. Our services fees are based on the appraisal and partial acquisition of a total of 4 separate properties. As properties are added or deleted, the total project fee will have to be adjusted. Similarly, if the project is terminated or negotiations are extended, we ask to modify the budget either up or down. Service Category Professional Services Fe&in Project Planning & Management $4,500 Appraisal Services (vendor /subcontractor) $17,000 4 at $4,250 each Acquisition Services $22,800 4 at $5,000 each, + title clearance at $750 each TOTAL $44,300 Our services will be billed based on the firms' standard 2008 hourly rates; these rates will be held constant through 2010. The anticipated staff and their billing categories are as follows: Ray Armstrong: Principal Daniela Borbe Sr. Consultant Susan Hebert Project Support Principal Principal Consultant / Director Senior Project Manager Project Manager Senior Acquisition/Relocation Consultant Acquisition/Relocation Consultant/Analyst Real Estate TechnicianTscrow Officer/Project Support Secretarial/Clerical Page 6 $185.00 per hour $165.00 per hour $135.00 per hour $125.00 per hour $115.00 per hour $ 105.00 per hour $ 73.00 per hour $ 45.00 per hour V,29-91-1141 rrvvis Luasaor AtUIFK I AND PLANNING SHORT FORM AGREEMENT []Original' QRevi4 To: Jets Wilkerson Date: October 2, 2008 V A Consulting Project: Jamboree Widening Project #: Pursuant to: meeting on with: We propose that NCMS shall perform the following professional landscape architectural services: Scope Descriptor Faced Hourly Fee SitelProlect Orientation Q ❑ $ 1,700 Landscape PS&E 0 ' ❑ $ 15,200 Design TeamlGovt Coo'rd Allowance 0 © $ ,2,300 Services During Bid/Construction Anowance ❑ Q $ 1,300 ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ a ❑❑ $ ❑ ❑ $ ❑ ❑ $ Direct Project Expenses Allowance* $ Total Professional Services Fee $ 20,500 —R4.) billpA at Gggt p4.; 4"Qr Ali other itemu and concidotu of said Agreement are provided on the back for reference and are made a pan of this Agreernerlt &eaRion this Agreement relorwents the entire Agreement between Cient and NUV15 relative to the protect and the stated .Scope nt SeNces. ThisAgeenlent svpercedes ail prior negD=ons, enter written or oral. Please execute concurrence and return a ro7ir for our bleb. NMS Authorized signature to bind agreement: Leslee A. Temple, FASLA Print Name: Vice President/CFO Title: -_- - 3151 Airway /+venue. SWI& J -3 CO$U Mesa, U 42616 O 714.254.9311 B 714.754.2346 O bowls- <menuvis.nex ® www.nuvis.net Date: City of Newport Beach Cost /Price Proposal Matrix - Mitigated Negative Declaration r "rusk 1.0: Coordination 1.1: Proles Kick- ofrMceting 1.2: Ongoing Consultation r Task 2.0: initial Study 2.1: Preparation of Initial Study 2.2: Identification orRespmssible and Tr utae Agencies 2.3'. Consdtatan with Responsible tmd Trustee Agencies 2.4: Prepare Biological Resources Technical Report r Task 3.0: Mitigated Negative Declaration 3.1: Document Preparation 3.1 Nairn of intent to Adopt and NOA 3.3: Document Circulation 3.4: Document Revisions Services L CEQA Documents Distribution 2: Posting with County Clerk 3: Reprographic Suppon Services" 1: Other Direct Costs I. Smeencheck laidal Study /ChecklistlyND 2. Drell Initial .Shldy /C1,ecklisuN ND 2. Final lniliel Stbdy /Chxklist/MND - tifniLng Allnealinn (!lours) A I Costs (5J JtJarnnur � `::`: i " "S: ' ' 4i':`• . . ., i3S ^.: 375.fq' .- ::.D��eriloyY!laaner,..' - '. � .:. SLOQ`.Meur '`` ".,. •�.: " "• r.$�'G. - 675.Od' •.: ; .:: rr;, ,Aewdai IsonerBlnto@ISt.,,'`. Ei KR S90.jh4ur ''C5:" S15K 313.00' :' .jFpSVardP.reeeeling9upperl °'.. .. 'STS :/hour ' TOTAL AMQINTej i1PSA0a. ^+'a.Otbe lNieft Cm.te" ' ` Ago, • "MD. CopiL <•::IfDa'r. jm1 (....I,S:a:� ;.ryr,::i ";,,t-G: PrfllrMBnNIIer7En ¢ laeer!JC1en11u JtJarnnur � `::`: i " "S: ' ' 4i':`• . . ., i3S ^.: 375.fq' .- ::.D��eriloyY!laaner,..' - '. � .:. SLOQ`.Meur '`` ".,. •�.: " "• r.$�'G. - 675.Od' •.: ; .:: rr;, ,Aewdai IsonerBlnto@ISt.,,'`. Ei KR S90.jh4ur ''C5:" S15K 313.00' :' .jFpSVardP.reeeeling9upperl °'.. .. 'STS :/hour ' TOTAL AMQINTej i1PSA0a. ^+'a.Otbe lNieft Cm.te" ' ` Ago, %NIOdMFawnpofebw_TOOawuaucWe upon 9080W=Wme Road twaenln9 \Vnm9ystemswn Gaff Pr9 al (9. 08) .•h l ;8Jif6rnia Secretary of State - f"ornia Business Search - Corpe ation 16m-rch Results Page l of` l�Jlw� pb lX4tL ri�Ja, ame>1t.tsnn�tilan +y`plurm (hBUSIHESSPORTAE r Business Search , Corporations Printer Friendly Page New Search Search Tips Field Definitions Status Definitions Name Availability Corporate Records Business Entities _Records Order Form Certificates Copies Status Reports FAQS Corporations Main Page Site Search The information displayed here is current as of "OCT 03, 2008" and is updated weekly. It is not a complete or certified record of the Corporation. VA CONSULTING, INC. Number: C0676075]1 Date Filed: 3/5/1973 Status: active Jurisdiction: California Address 17801 CARTWRIGHT ROAD IRVINE, CA 92614 Agent for Service of Process MAX P VAHID 17801 CARTWRIGHT ROAD IRVINE, CA 92614 Printer Friendly New. Search • For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. • Blank fields indicate the information is not contained in the computer file. • If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Copyright ©2001 California Secretary of State. Privacy Statement. http:hkepler.sos c.a. ra %corpf; °.tal h ',•'! -; k ?Qu.eryCorpNumloer...= CU57G ^7`i A CHAnt8- AAgA VncnNlcul T - - - - - -- ---- ------- -- -- A QRD,a CERTIFICA OF LIABILITY INSUIONCE Y' 11/0412008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711 -0550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TYPE OF INSURANCE POLICY NUMBER 714 427 -6810 INSURERS AFFORDING COVERAGE NAIC # INSURED 17 Consulting Inc 17801 Cartwright Road Irvine CA 92614 , INSURER A. Travelers Property Casualty CO of Am INSURER B: Travelers Indemnity Co. of Connectic 68048481-258 INSURER c: ACE American Insurance Company 11/24108 INSURER D: 51000000 INSURER E X COMMERCIAL GENERAL LIABILITY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICYIEFFEC YE M POLICY LIMITS A GENERAL LIABILITY 68048481-258 09/01/08 11/24108 EACH OCCURRENCE 51000000 X COMMERCIAL GENERAL LIABILITY General Liab. DAMAGE TO RENTED $1 000 000 CLAIMS MADE QOCCUR excludes claims MEDEXP(Anyonepamw) $10000 PERSONAL &ADV INJURY $1000000 X Contractual Liab. arising out of GENERAL AGGREGATE s2.000.000 the performance GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG s2000000 of professional POLICY X PRO E LOC Sery1Ce5 B AUTOMOBILE X LIABILITY ANY AUTO BA490SL548 09101/06 11124/06 COMBINED SINGLE LIMIT (Eaacd&nt) $1,D00,OD0 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIREDAUTOS NON- OWNEDAUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S ANY AUTO $ A EXCESSIUMBRELLA X LIABILITY OCCUR CLAIMS MADE CUP7156Y612 (Does not 09101/08 11/24/08 EACH OCCURRENCE s2000000 AGGREGATE s2.000.000 $ Include $ DEDUCTIBLE Professional RETENTION S Liability)$ B WORKERS COMPENSATION AND UB7665Y535 11/24/07 11/24/08 X I T1.Y'C ETA TU oTH- EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNEWEXECUTIVE E.L. FACH ACCIDENT $1,000, DO E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICEMMEMBER EXCLUDED? SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1$1,000,000 C OTHER Professional G23633711002 06/16/08 06116/09 $1,000,000 per claim Liability $2,000,000 annl aggr. Claims made DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Jamboree Road from Bristol Street North to Fairchild Road Improvements. City of Newport Beach, its elected or appointed officers, officials and employees, agents and volunteers are additional insured as respects to (See Attached Descriptions) City of Newport Beach Public Works Department Attn: Shauna Oyler 3300 Newport Blvd Newport Beach, CA 92658.8915 1 of 2 rtS242n99 1M2AAQ7R LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL XVa90=Xft MAIL -ID— DAYS WRITTEN 'E TO THE CERTIFICATE MOLDER NAMED TO THE LEFT X)0 RNIUBBMVAXI6D906Cx TMN a ACORD DESWIPTIONS (Continued from'.�ge General & Auto Liability coverage as required by written contract. Coverage afforded the Additional Insured is Primary and Non - Contributory as respects to General Liability coverage. Waiver of subrogtion included in work comp policy. AM$ 25.3 (2001108) 2 of 2 #5242099/M234978 • 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — POLICY NUMBER: UB7665Y535 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be mium otherwise due on such remuneration. Schedule Person or Organization: City of Newport Beach Public Works Department Attn: Shauna Oyler 3300 Newport Blvd Newport Beach, CA 92658 -8915 DATE OF ISSUE: 11/04/2008 % of the California workers' Compensation pre- Job Description: Re: Jamboree Road from Bristol Street North to Fairchild Road Improvements. POLICYNUMBER: BA490 is 48 • COMMERCIALAUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 11/04/2008 Named Insured VA Consulting Inc Name of Person(s) or Organization(s): City of Newport Beach Public works Department Attn: Shauna Oyler 3300 Newport Blvd Newport Beach, CA 92658 -8915 SCHEDULE Re: Jamboree Road from Bristol Street North to Fairchild Road Improvements. City of Newport Beach, its elected or appointed officers, officials and employees, agents and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 9 COMMERCIAL GENERAL LIABILITY POLICYNUMBER: 680484BL258 ISSUE DATE: 11/04/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Newport Beach Public Works Department Attn: Shauna Oyler 3300 Newport Blvd Newport Beach, CA 92658 -8915 PROJECT /LOCATION OF COVERED OPERATIONS: All Operations of the Named Insured 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: This endorsement does not increase the lim- its of insurance stated in the LIMITS OF IN- SURANCE (Section III) for the Coverage Part. a. Only with respect to liability for "bodily injury", 3. The following is added to Paragraph a. of 4. "property damage" or "personal injury"; and Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. If the injury or damage arises out of the per- formance by you or your subcontractor, of "your work" on or for the project, or at the lo- cation, shown in the Schedule above. Such person or organization does not qualify as an additional insured with respect to their inde- pendent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the render- ing of or failure to render any "professional services ". b. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in a "contract or agreement requiring insurance" for that additional in- sured, or the limits shown in the Declarations for this Coverage Part, whichever are less However, if you specifically agree in a "contract or agreement requiring insurance" that, for addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any GG D3 62 09 06 2006, The St. Paul Travelam Insurance Companies, Inc. InNudo¢ rnnurinAlM melnrial of Inanwnrn Snn,irne /1(6rm Inr wi1F ib nmm�ee�nn Page 1 of 2 COMMERCIAL GENERAL LIABILITY other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" E or "property damage" occurs, or the "personal in- jury" offense is committed. 5. As respects the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): ,,contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. City of Newport Beach, its elected or appointed officers, officials and employees, agents and volunteers Page 2 of 2 2006, The St Paul Travelers Insurance Companies. Inc. CG D3 82 09 06 InNudne rnnvnnFluA melmiel nr Ina,wnro Con.irev nffir" Inr ...1h 11. wemiedM .0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT OCf 2 6 2008 Agenda Item No.C�ii October 28, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949-644-3315 or atran @city.newport - beach.ca.us SUBJECT: JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING RECOMMENDATIONS: 1. Approve a Professional Services Agreement with VA Consulting, of Irvine, California, for the Jamboree Road Improvements (Bristol Street North to Fairchild Road) project at a not to exceed price of $295,359.00 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a budget amendment recognizing additional Measure M Competitive GMA funds in the amount of $250,000.00 from Orange County Transportation Authority (OCTA) and appropriating $250,000.00 to Account No. 7284- C2002019 for the Jamboree Road Improvements project. DISCUSSION: This project is located on Jamboree Road between Bristol Street North and Fairchild Road in the cities of Newport Beach and Irvine. The project involves widening the east side of Jamboree Road at the MacArthur Boulevard intersection to accommodate one additional northbound thru lane and one additional southbound left turn lane. According to the City's General Plan, traffic volumes at this intersection are forecasted to increase in the future, which will reduce the Level of Service (LOS) during peak hour traffic. The completion of this project will improve the LOS to an acceptable level. Staff considered five firms to provide professional engineering services for this project. The five firms were (1) Willdan Engineering (2) RKA Consulting Group (3) Parsons Brinkerhoff (4) HDR, and (5) VA Consulting. Two proposals were received from Willdan Engineering and VA Consulting. VA Consulting was chosen based upon firm qualifications, project understanding, successful past experience, and aggressive project schedule. The proposed not to • VA PSA- Jamboree Aprovements - Bristol to Fairchild.doc 10/21 /2008 Page 2 exceed professional engineering services fee is $295,359.00. The scope of professional services will include: • Research and data collection • Utility coordination • Topographic survey • Geotechnical investigation • Right -of -way engineering • Right -of -way appraisal and acquisition services • Preparation of environmental documents • Preparation of construction plans, specifications and estimates • Preparation of traffic control plans • Construction support services Environmental Review: Engineering design services are not projects as defined by the California Environmental Quality Act (CEQA) Implementing Guidelines. Funding Availability: There are sufficient funds available for this project. In addition to the $500,000.00 included in the budget, there is an additional $250,000.00 of Measure M GMA funds for this project that is not reflected in this year's CIP budget. Staff is recommending a budget amendment to recognize and appropriate the $250,000.00 to Account No. 7284 - C2002019 for the Jamboree Road Improvements project. These additional funds will be applied toward right -of -way and construction cost. Upon approval of the budget amendment, sufficient funds will be available in the following accounts for the project: Account Description Measure M Competitive (GMA) Prepared by: Andy TA, P. E. Senior Civil Engineer Account Number 7284- C2002019 Total Submitted by: Amount $ 295,359.00 $ 295,359.00 Attachment: Project Location Map Professional Services Agreement f G� Q E 0 O �pP e v � o 0 B T o O LOCATION m O lk ° \ g CITY OF NEWPORT BEACH JAMBOREE ROAD IMPROVEMENTS PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH TO FAIRCHILD ROAD DATE 09 17 08 SCALE N.T.S SHT 1 OF 1 DRAWN JJ I C -4071 0 0 PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHID ROAD) THIS AGREEMENT is made and entered into as of this _ day of 200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and VA CONSULTING, INC., a California Corporation whose address is 17801 Cartwright Road, Irvine, California, 92614 ( "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 Jamboree Road from Bristol Street North to Fairchild Road. C. City desires to engage Consultant to prepare construction documents for the widening of Jamboree Road from Bristol Street North to Fairchild Road ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be John Wolter, Division President. 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 31st day of December 2010, 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 City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by. either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Ninety -Five Thousand Three Hundred and Fifty -Nine Dollars and no /100 ($295,359.00) 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 1►: in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 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 JEFF WILKERSON 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. ANDY IRAN 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. 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. 8. 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, 0 0 0 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 sole negligence, 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. I 0 • 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. r 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: 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. 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. 7 0 • 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 City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subconsultant. Nothing in this Agreement shall create any contractual relationship between City and subconsultant nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subconsultant other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subconsultant for purposes of establishing a duty of care between the subconsultant and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. N 0 0 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 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 Adobe PDF 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 CAD 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 CAD data; (b) the decline of accuracy or readability of CAD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CAD 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 CAD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CAD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" and ".pdf' 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 Sheet. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. N 19. CONFIDENTIALITY 0 All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS. 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. 10 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do 'so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Andy Tran, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3315 Fax: 949 - 644 -3308 11 . 0 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Jeff Wilkerson, Project Manager VA Consulting, Inc. 17801 Cartwright Road Irvine, CA 92614 Phone: 949-474-1400 Fax: 949-261-8482 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. 12 • ! 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. 13 L IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. AP PR VED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: M LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation in Mayor for the City of Newport Beach CONSULTANT: am Print M (Corporate Officer) (Financial Officer) Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:fusers\pbwl+shared \agreements \fy 08- 09 \va- jamboree improvements (brislol to Fairchild) \va - jamboree improvements (bristol to fairchild).doc 14 PROFESSIONAL CONSULTANT SERVICES TO PREPARE FINAL DESIGN CONSTRUCTION DOCUMENTS FOR JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD V> �Ax- CONSULTING VA CONSULTING, INC. Orange County Division 17801 Cartwright Road Irvine, CA 92614 949.474.1400 www.vaconsultinginc.com Revised October 2, 2008 TECHNICAL PROPOSAL • City of Newport Beach — Public 'Works Department P1, Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS CONSULTING Revised October 2, 2008 BRISTOL STREET NORTH TO FAIRCHILD ROAD WORK PLAN A. Background Research, Data Collection, and Field Visits VA will research and obtain available as -built record drawings, reports, assessors parcel maps, right -of -way maps, street centerline ties, utility information, aerial photos and topographic mapping and other pertinent information for the project from the City, City of Irvine, County, Caltrans, or as appropriate. VA will also make field visits as required to evaluate and document existing conditions. B. Utility Coordination Assistance and Utility Base May VA will identify all public utilities within the project limits and will assist City staff with utility coordination. VA assumes that City staff will request all utility maps and send out all utility verifications and relocation notices. VA will prepare a Utility Base Map depicting all existing utilities found within project limits based on available information, and indicate any proposed utility adjustments or relocations on the construction plans. C. Design Sury ey VA will provide a topographic survey of a portion of Jamboree Road (from one hundred feet southwest of Bristol Street North to one hundred feet northeast of Fairchild Road). Control data will be assembled and established for the project area (Orange County horizontal and vertical control per RFP). This survey at twenty five (25') cross- sections (northwesterly curb to fifty feet beyond southeasterly curb on Jamboree Road including one hundred feet beyond curb returns southerly on MacArthur Boulevard and Fairchild Road) will include the ground surface and any visible surface utilities (manholeslinverts, water valves, fire hydrants, catch basins, utility boxes, utility poles, guy wires, vaults, etc.) curb /gutter, driveways, existing adjoining building corners, fences, landscape, trees, striping, paving, walks, handicap ramps, walls, signage, etc. The survey data will be down loaded and compiled to create topographic mapping of the area, including right-of-way, centerline, parcel lines, surface features, culture and contours for tentative mapping purposes. The final map (24" x 36 ") will be at a scale of 1" = 40' with 1' contours. D. Geotechnicallnvesticiation Ninyo & Moore (N &M) will prepare the geotechnical investigation for the project in order to provide geotechnical design criteria and recommendations for the proposed roadway widening and retaining wall. The general scope of geotechnical services will include: ➢ Project coordination and scheduling of field activities Review of readily available background documents including topographic and geologic maps, published geotechnical literature, stereoscopic aerial photographs, in -house information, and other plans and /or reports provided to us. • Acquisition of permits necessary to proceed with our subsurface exploration. ➢ A geotechnical reconnaissance of the site to observe existing site conditions, to mark the proposed boring locations, and to coordinate with Underground Service Alert (USA) for underground utility clearance. ➢ Subsurface evaluation consisting of drilling, sampling, and logging of four small- diameter exploratory borings up to a depth of approximately 50 feet below the surface and /or approximately 5 feet into competent material, whichever is shallower. Traffic control will be X Wlklon 11mp 'N' 20081PUdic —P- Bea W—b --RO WM .Vg ROP- T..h.. -REV doc ENGINEERS PLANNERS SURVEYORS Page 7 V_n.. CONSULTING Revised October 2, 2008 F. 40 TECHNICAL PROPOSAL City of Newport Beach - Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD performed, as appropriate, in general accordance with the W.A.T.C.H. manual. The purpose of our borings will be to observe the subsurface conditions at the site and collect samples for laboratory testing. Relatively undisturbed and bulk samples will be obtained at selected intervals from the borings. The soil samples will be transported to our laboratory for testing. The borings will be backfilled with on -site soils. D Laboratory testing of selected samples to evaluate in -place moisture and dry density, soil gradation, consolidation properties, direct shear strength, R -value and corrosion potential of the on -site soils. Compilation and geotechnical analysis of field and laboratory data, including analyses to evaluate and provide recommendations for the following: - Suitability of the site for the proposed construction from a geotechnical standpoint. - Description of the geology and on -site soils anticipated at the site, including an evaluation of geologic hazards. - Evaluation of temporary stability of excavations associated with the proposed retaining walls. - Development of geotechnical design parameters for design of the proposed walls, including bearing capacity, settlement, lateral resistance, and lateral earth pressures. - Trenching recommendations including excavation, bedding material, shoring, and backfill compaction of the trenches. ➢ Preparation of a report presenting the results of our site reconnaissance, subsurface exploration, laboratory testing, engineering analyses as well as our conclusions and recommendations relative to the geotechnical aspects of project design and construction. Right of Way Engineering VA will prepare metes and bounds legal description /plat exhibit for right-of-way acquisitions and temporary construction easements. VA will obtain, through a reputable Title Company, current Title Reports on behalf of the City for five (5) parcels. This proposal includes reviewing a 6 month current preliminary title report/ deedsleasements /record maps of each of five affected properties and legal description /plat exhibit preparation of two (2) each for a total of ten (10) exhibits. Processing of legal description /plat exhibit for right -of -way acquisitions and temporary construction easements is not a part of this proposal. Conceptual Roadway Plan A Conceptual Roadway Design Plan will be prepared to illustrate the scope of the proposed horizontal improvements to Jamboree Road and the Macarthur Boulevard. intersection. The plan will show all major elements of the proposed design so that the City can review and comment on the concept design before final improvement plans are prepared. The plan will clearly illustrate the proposed grading, roadway, drainage, traffic, and right of way changes required to implement the improvements. The plan will be prepared in "Plan Only" format at a 1 "= 20' horizontal scale. The plan will be prepared in AutoCAD, in accordance with the City's drafting and plan preparation standards. XWarkeWQWopo 1AP_2ooewwndwewpW seaanAarteorex Goadw JWWe9'R0P- Te&n0Gd-REV. Page 8 V • ' CO SULTG Revised October 2. 2008 G. Environmental Documents Tasks 1 and 2 - Initial Study • TECHNICAL PROPOSAL City of Newport Beach — Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD Attend kickoff meeting to review City objectives and project background. Obtain all applicable documents necessary to prepare the project description, and prepare the Screencheck Initial Study (IS) presenting its assessment of the project's potential environmental impacts. UltraSystems will prepare a Biological Resources technical study and the results will be presented in the IS. The Biological Resources technical study is described below. VA Consulting will prepare the responses to the traffic and circulation questions in the IS. Based on the information developed in the Initial Study, documentation will be presented that supports a preliminary conclusion that the project as proposed will not produce a significant effect on the environment after mitigation measures are implemented, thus warranting preparation of a Mitigated Negative Declaration; and that the project does have the potential to produce significant environmental impacts requiring the preparation of an Environmental Impact Report (EIR). The Initial Study will include the following information: (1) a description of the project; (2) a discussion of the project's existing environmental setting; (3) a list of discretionary/ministerial approvals; (4) information identifying the project's potential environmental effects; (5) a discussion of the suggested means, if necessary, to mitigate any potentially significant effects below a level of significance; (6) an examination of whether the project would be consistent with existing zoning, General Plan policies, and other applicable land use controls; and (7) the name of the person($) participating in the preparation of the Initial Study (Section 15063(d), CCR). Identification of Responsible and Trustee Agencies: UltraSystems shall identify all Responsible and Trustee agencies per State CEQA Guidelines § 15381 and 15386. Consultation with Responsible and Trustee Agencies: UltraSystems shall consult with all responsible and trustee agencies in compliance with PRC § 21080.3 and State CEQA Guidelines § 15063(g) to obtain their recommendation as to whether an EIR or Negative Declaration should be prepared. Biological Resources Technical Study: The following tasks will be performed by UltraSystems biologists: Review of Existing Information: Available, potentially relevant biological resource information will be reviewed before the fieldwork is conducted. The review will focus on the potential occurrence of sensitive resources that may be directly or indirectly affected by implementation of the project. The project description, project design, and project footprint maps, previously prepared site reports, information on site history, and local planning documents will be provided by the City. Additionally, UltraSystems will review resource references and databases, such as available soils maps, the California Natural Diversity Data Base, California Native Plant Society Electronic Inventory, and UltraSystems reference files, as well as applicable biological regulatory information. The drainage flows from the areas immediately surrounding the project site that may affect drainage onto the site will be determined. The fate of water and sediments that will drain from the project site to areas and waters outside the project footprint will be mapped. General Biological Field Survey and Evaluation: After reviewing and field truthing the relevant information obtained in Task 1, the site will be evaluated with a thorough walkover covering portions relevant to potential biological effects and constraints. The visit will consist of a general biological survey to determine the existence or potential existence of any sensitive vegetation, rare, threatened, or endangered and other special status species. Detailed field notes will be KiMaketi,glP�opvsalsiP 2P]BtPWficWexp M1 BeadiVamAOtee R WWani PROP- lreutu,icali ,J.- ENGINEERS PLANNERS SURVEYORS Page 9 • V - CONSULTING Revised OUober 2, 2008 • TECHNICAL PROPOSAL City of Newport Beach - Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD compiled including conditions, visible disturbance factors, species, habitats, and more general biological resource issues observed or detected. The site will be evaluated regarding the presence, absence, or likelihood of occurrence for all special status species, habitats, or more general biological resource issues potentially posing a constraint to the project through applicable laws and regulations. UltraSystems field biologist will also briefly examine adjacent areas. Prepare and Submit Biological Resources Survey Report A letter report will be written to analyze the information obtained in Tasks I and 11. A map will be included to indicate the vegetation communities on the site, and the species observed in the project footprint The regulatory context of the project will be evaluated with regard to existing biological resource laws, regulations and court precedent, including the California Environmental Quality Act (CEQA). Direct and indirect project impacts will be evaluated. All species with special legal or management status along with more general biological resource issues, which have any reasonable potential to constrain the project, will be briefly addressed, including conclusions regarding such constraints. Listing of special status species which include the site in their general range, but which have no reasonable potential to occur or otherwise constrain the project, will be included but not further discussed. UltraSystems will provide recommendations (if necessary) for mitigation measures or further work to clarify relevant issues, if they are essential or appropriate. For example, any additional focused species - specific surveys that may be required to document the actual presence (or absence) of those select species whose presence could not be definitively concluded in the absence of full compliance with established survey protocols. Exhaustive details of mitigation measure design; implementation and monitoring programs will not be provided. UltraSystems will not provide comprehensive lists covering all species expected to occur on the project site. Any constraints of the project posed by biological resource laws and regulations will be summarized, and brief general conclusions and recommendations will be provided. UltraSystems will provide a Draft Biological Resources Survey Report for City review. Based on one set of written comments a Final Biological Resources Survey Report will be prepared. Required Materials: The following materials are required to fulfill the Biological Resources Scope of Work: ➢ A complete written description of the project, including location and boundaries. ➢ An engineering map showing the project plans, grading limits, staging areas, and other relevant project activities that may affect biological resources. ➢ Two copies are required of accurate aerial photographs or maps of the project site which show the project footprint and legible elevation contours free of project detail, and at a scale of from 1"=200' to 1"=400'. ➢ Copies of relevant prior environmental documents including any general or specific plans, which must be considered, and biological reports previously prepared for the site. If necessary, keys, lock combinations, letters of permission, and any other materials necessary to allow us full, efficient and reasonable access to the site. Deliverable." UltraSystems shelf provide VA and the City with fifteen (f 5) copies of the screencheck tniffal Study for their review and comment xiMaketi,o�oposaM 200Wt iMehpM BearhVa,MOree Road V44MnOPROP -1`a ="?EV.d Page 10 V�0 CONSULTING Revi October 2, 2008 Task 3 - Mitigated Negative Declaration • TECHNICAL PROPOSAL City of Newport Beach — Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD Should the City determine that based on the Initial Study, there is no substantial evidence that the project may cause a significant effect on the environment after mitigation measure have been implemented, or that revisions to the project would avoid or mitigate any potentially significant effects to a level of insignificance, UltraSystems will perform all components of Task 3.0 as described below. Document Preparation: UltraSystems will prepare a draft MND for review by VA Consulting and the City. As required, that document will include a brief description of the project, the name of the project proponent, a proposed finding that the project will not have a significant effect on the environment, and an attached copy of the Initial Study documenting the reasons to support the findings and mitigation measures to reduce or avoid identified impacts. Notice of Intent to Adopt a MND: UltraSystems shall prepare a Notice of Intent to Adopt a MND in order to give sufficient notice to the public, responsible agencies, trustee agencies, and the County Clerk. Per State CEQA Guidelines, the notice will contain a brief project description and its location; the starting and ending dates for the review period during which the City will accept comments; the date, time and place of any scheduled public meetings or hearings; and the address where the copies of the MND are available for public review. Document Circulation: As outlined under Task 2.2, UltraSystems will provide notice of document availability to the public (the City will be responsible for all newspaper notices), Responsible Agencies, Trustee Agencies, and the County Clerk. Document Revisions: UltraSystems shall revise the draft document per VA Consulting and the City's comments or in response to comments received during the public review period. We have only budgeted for one round of document revisions - refer to existing spreadsheet Deliverable., Fifteen (15) copies of the final document will be provided to VA for distribution to the City. Additional copies will be available, based on a time and material basis. Task 4 - CEQA Processing Support Services This task includes those activities required to support the preparation of the MND, comply with specific procedural obligations specked under CEQA, and represent that document before the City. CEQA Documents and Notices Distribution: This task includes all activities required to distribute via certified mail those notices and other pertinent documentation to all Responsible Agencies, Trustee Agencies, the State Clearinghouse (probably not necessary), pertinent local agencies, interested organizations, groups, and individuals. Posting with the County Clerk: UltraSystems shall ensure posting of the NOA and NOD at the Office of the County Clerk. Payment of California Department of Fish & Game (CDFG) fees is required when the NOD is filed with the County Clerk and they not included herein. The current 2008 fee is $1,876.75. Note: We have assumed no General Plan Amendment will be required for either Newport Beach or Irvine. Y,WxkdU''APMPWWS%F MWk"CMeWPWse�v� Roadw�": OP- Tew,imAev.dw Page 11 VV- CONSULTING Revised October 2, 2008 H. Construction Documents Improvement Plans 0 TECHNICAL PROPOSAL City of Newport Beach - Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD Improvement Plans will be prepared for the required improvements in AutoCAD 2007 in accordance with City format and design standards. The following will be included as part of the Improvement Plans: a. Title Sheet, Typical Sections, and Details A single title sheet and single typical sections and details sheet will be prepared as part of the Improvement Plans. b. Roadway Plans and Profiles Plan and profile sheets will be prepared for the required improvements at 1" = 40' horizontal scale and 1" = 4' vertical scale. The roadway plans will show construction of new pavement, median modifications, curb and gutter, sidewalk, curb ramps, utility relocations, catch basin relocations, and offsite grading required for the proposed roadway widening. C- Design Cross Sections Design cross sections will be plotted every 25 foot intervals at 1"=20' horizontal scale and V =2' vertical scale. Each design cross section will show proposed and existing elevations and proposed cross slopes. e. Retaining Wall Structural Calculations and Plans VA will prepare structural calculations and details for the proposed retaining walls and retaining wall plans will be prepared and included as part of the Improvement Plans. Signing and Striping Plans VA will prepare one (1) signing and striping plan "double stacked," using AutoCAD, at 1" = 40' scale to implement the project improvements. The signing and striping plan will show removal of all existing striping, pavement markings, and signage conflicting with the proposed improvements, and installation of new striping, pavement markings, and traffic signs. The traffic sign work will be based on an inventory of existing signs and an assessment of new project signage requirements. All improvements will be based on the latest California Manual on Uniform Traffic Control Devices (CA MUTCD) and City of Newport Beach and Irvine standards. g. Traffic Signal Modification Plan VA will prepare two (2) traffic signal modification plans using AutoCAD at 1" = 20' scale for implementation of traffic signal improvements at the MacArthur BoulevardiJamboree Road and Koli Center, Centerpointe and Jamboree Road intersections as required by the project. Traffic signal plans will be prepared in accordance with City of Newport Beach, City of Irvine, and Caltrans standards as XVAaketv0FrvposaW_2W tJbrPdNWy nBe Uambow Rao wrdaw4WROP- TechnicaIREVA ENGINEERS PLANNERS SURVEYORS Page 12 0 TECHNICAL PROPOSAL City of Newport Beach Public Works Department D Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS P JL_ Revised October 2, 2008 BRISTOL STREET NORTH TO FAIRCHILD ROAD CONSULTING applicable. As part of this task, VA will conduct a thorough field inventory of the existing signal improvements to confirm and supplement the as -built plans. h. Traffic Control Plans Based upon the project improvements, VA anticipates that generally two construction phases will be required. One phase will consist of closure of the No. 3 eastbound through lane on Jamboree Road to construct the outside curb widening improvements and a second phase will consist of dosing the No. 1 through lane in each direction of Jamboree Road for reconstruction of the raised median on the eastedy approach of Jamboree Road. Based on this phasing, four (4) construction phasing /traffic control plans will be required for implementation of the project improvements. Traffic control plans will be prepared using AutoCAD, at 1" = 40' scale and will follow the guidelines established in the California Manual on Uniform Traffic Control Devices (CA MUTCD). Traffic control plans will be `double stacked" with two horizontal layout strips placed on each plan. The plans will show traffic control measures required for the construction of the project including all traffic control devices, temporary lane delineation, and construction signing. VA will make every effort to reduce the impacts of traffic control and lane closures on adjacent properties by implementation' of an efficient design that emphasizes public and worker safety and cost - effective construction. VA has noted that closure of the eastbound No. 1 through lane on Jamboree Road is required for construction of the new raised median on the easterly approach. The traffic control for this closure is anticipated to extend into Caltrans RAN at the SR -73. Therefore, this task includes preparation, submittal, and processing of an encroachment permit application to Caltrans for implementation of traffic control devices within state right -of -way. i. Landscape Architecture NUVIS will conduct a pre - design tour with sketchbook and digital camera to familiarize ourselves with existing conditions and potential effect on the design solution. The tour will include the City's Project .Manager and appropriate team consultants and inter - departmental representatives. We will then respond with a preliminary landscape and irrigation plan which will depict the proposed functional and spatial relationship to the site configuration: ➢ creating an imaginative program/theme capitalizing on positive features; ➢ address landscape, hardscape, visual improvement recommendations, community identification opportunities; and ➢ Conform to the most current City and Caltrans/FHWA landscape regulations and requirements. View potential and visual impact will be considered. View potential describes the views form the sites to the surrounding areas whereas visual impact indicates the visibility of the scenic corridor form the bordering areas. Often, the areas within the strongest impact also provide the greatest view potential. Once the preliminary landscape and irrigation plan is mutually agreed upon, NUVIS shall refine and prepare construction documents at a 35% submittal level. The first step in the preparation of construction documents involves consolidating explicit x agw,ovOS�ew zoos+a�waae,�rcseaaruambo ROAWid..MPROP- Ted,nic"EV.aoc Page 13 0 TECHNICAL PROPOSAL VILCity of Newport Beacb D Public Works Dt S rvii es Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS i Revised October 2, 2008 BRISTOL STREET NORTH TO FAIRCHILD ROAD CONSULTING information into an accurate "base sheet." It is our recommendation to submit this "base sheet" through the review process. We have found that approval of the base sheet at this stage has prevented major design alterations once construction documents are under way. The landscape and irrigation PS &E will be submitted for plan check corrections to the City as part of the total package. NUVIS anticipates submittals at the 35 %, 65 %, 95 %, and 100% levels. Specification documents for the landscape and irrigation portions of the project shall conform to the District standard construction methods, the Standard Specification for Public Works Construction and applicable County, State, and Federal regulations and codes (i.e., CPSC, ADAAG and DOI). As requested by City, NUVIS will visit the site at intervals appropriate to the stage of construction to review the progress and quality of the work related the landscape and irrigation plan items and to determine in general if the work is being performed in a manner indicating that the work, when completed, will be in substantial conformance with the construction documents. However, NUVIS will not make exhaustive or continuous on -site inspection to check quality of the work. 2. Special Provisions VA will prepare Special Provisions to the Standard Specifications of Public Works Construction in accordance with City standards and guidelines for the items of work included in. the project in a format consistent with the City boiler plate and current City projects. VA will submit the Special Provisions at the 95% and 100% final submittals. 3. Quantity and Cost Estimates VA will prepare a complete construction quantity and engineers opinion of probable construction costs for each project. VA will submit the estimates in Microsoft Excel format at the 50 %, 95% and 100% final submittals. Proiect Management and Meetings This task provides for project management time to coordinate the activities of the consultant team and City of Newport Beach staff during progress of the work, and management time to prepare for and attend project meetings during the design phase of the project We have assumed management time of 6 hours per month for six (6) months and three (3) hours per meeting for a maximum of fifteen meetings for a total of 81 hours. VA will prepare for and attend a maximum of fifteen (15) meetings as follows: 1 — Kick -off meeting; 1 — 50% Plan submittal review /approval meeting; 1 — 80% Plan submittal review /approval meeting; 1 — 95% Plan submittal review /approval meeting; 1 —100% Plan submittal review /approval meeting; and 10 — Design meetings. VA will prepare and distribute meeting agendas and minutes and communicate regularly with City staff regarding project issues and status via email and telephone. XPlarke ng'PmposalslP 20[19�Ub[cWewpwt BeachVl� Road WdeniiglPROP -Tedh cW-REVAOC ENGINEERS PLANNERS SURVEYORS Page 14 M V1 CONSULTING Revised October 2, 2008 J. Coordination with City of Irvine • TECHNICAL PROPOSAL City of Newport Beach — Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD VA and/or VA's subconsultant will coordinate with, attend meetings, and present project information to key staff at the City of Irvine. We have assumed a total of approximately 96 hours for this task. K. Bid Phase Support VA will assist the City in preparation of contract documents for bidding, and attend the pre -bid meeting. VA will be available to respond to questions from bidders, provide clarification of plans and specifications, and prepare addenda as needed to modify or clarify the Contract Documents during the bid phase. VA will also assist the City in evaluating the submitted bids. The budget for this task assumes approximately 36 hours of combined VA staff time. L. Construction Phase Support VA will assist the City during the construction phase and will attend the Pre - Construction Meeting. During construction VA will attend periodic (bi- weekly) construction meetings, review shop drawings/submittals, and respond to requests for information (RFI) from the Contractor and the City. VA will also perform site visits at major milestones of the completion of construction to observe in general if the work is being performed in substantial conformance with the construction documents. Upon completion of construction, VA will prepare Record Drawings based on markups provided by the Contractor and City inspector. The budget for this task assumes approximately 72 hours of combined staff time and a constriction duration of approximately (3) three months beginning in 2009. M. Appraisal and Acquisition Services t. Appraisal Services ➢ Overland, Pacific & Culler (OPC, Appraiser) will mail a notification letter and acquisition policies brochure to the property owner, requesting permission to conduct an on -site inspection of the property, advising them of their right to accompany the appraiser at the time of the inspection, and requesting information regarding the property appraised which could influence the appraised value. ➢ Appraiser will review title information pertaining to respective ownerships and will review drawings and other pertinent information relative to the parcel. ➢ Appraiser will inspect each property personally with the owner (if possible) and document the inspection with photographs for use in the report. Appraiser will inventory all improvements affected by the proposed taking including notes on their manner of disposition (i.e., pay -for and remove vs. move back). D Appraiser will perform market research to support the selected appraisal methodologies and will document and confirm comparable sales information. Appraiser will prepare a narrative appraisal report that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal study and report are intended to serve as an acquisition appraisal and will be prepared in a summary format consistent with the specifications for narrative appraisal reports. ➢ OPC will receive and analyze the completed appraisal reports and will reconcile the real estate and fixtures and equipment conclusions as necessary. XWwl tirgUmrW lsV'_2009rLfdlcwewpW Beact"a bo Road WbanIVIPROP- Tedy"- REV .doo ENGINEERS PLANNERS SURVEYORS Page 15 V PIL- • 0 TECHNICAL PROPOSAL City of Newport Beach D Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS CO S Revised October 2, 2008 BRISTOL STREET NORTH TO FAIRCHILD ROAD 2. Acquisition Services ➢ Establish and maintain a complete and current record file for each ownership in a form acceptable to the client. ➢ Receive and analyze title information, approved appraisal reports and legal descriptions in sufficient detail to negotiate with property owners and other parties. ➢ Prepare all offer letters, summary statements, and lists of compensable items of fixtures and equipment, in accordance with state or federal regulations and approval of client. ➢ Present written purchase offers to owners or their representatives in person, when possible. Secure receipt of delivery of offer as practical and present and secure tenant information statements, as applicable. ➢ Follow -up and negotiate with each property owner, as necessary; prepare and. submit recommended settlement justifications to client for review and approval; review any independent appraisal secured by property owner and coordinate reimbursement of appraisal fees (up to $5,000) with client Ongoing negotiations and settlement discussions will continue for 8 weeks after the initial offer or until we reach settlement or impasse. ➢ Prepare and assemble acquisition contracts, deeds and related acquisition documents required for the acquisition of necessary property interests. Legal descriptions to accompany easements or to accompany partial acquisition deeds are not included in this Scope of Work. ➢ Maintain a diary report of all contacts made with property owners or representatives and.a summary of the status of negotiations indicating attitude of owners, problem areas, and other pertinent information. Copies of all applicable written correspondence will be maintained in files. ➢ Prepare an impasse letter for any parcel where, after diligent attempts to settle by negotiation, it appears eminent domain will be needed or prudent to acquire the needed interest. ➢ Transmit executed acquisition documents to client. Each transmittal package shall include a fully executed and properly notarized deed(s), fully executed acquisition contract with attachments, and a brief settlement memorandum which summarizes the pertinent data relative to the transaction. Title/Closing, If by Negotiated Settlement Assist the escrow /title company in the following: • Open escrow and coordinate execution of closing instructions providing for title insurance coverage at the settlement amount. ➢ Provide escrow officer with fully executed acquisition contract and notarized deed. • Review settlement statement for accuracy. • Coordinate deposit of acquisition price and estimated closing costs with escrow. ➢ After the closing, review the title insurance policy for accuracy. ➢ Prepare and mail a letter to County Assessor requesting cancellation of taxes if appropriate. Xw etv,9w-P-aW_2W8PU Me.pW eea nU Road wdftwgwaoP -T�� EV.e Page 16 V• pl� CSULT Revised October 2, 2008 Title Clearance Services 0 TECHNICAL PROPOSAL City of Newport Beach — Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD ➢ Work in conjunction with escrow officer to facilitate the clearance of title matters as set forth in the settlement memorandum and escrow instructions. ➢ Coordinate payment of taxes due and release of liens. ➢ Secure full or partial reconveyance instruments from lien holders of record. • Coordinate lost instrument bonds as may be necessary. • Coordinate and facilitate recordation of corrective deeds to clear vesting issues. • Secure subordination agreements from conflicting easement holders. XVA- '*"nglPrOP glsSP_200$VkbiCWexpW BradiUamOweB Road WOMdngWROP- Te&,,II WdM ENGINEERS PLANNERS SURVEYORS Page 17 11 ID .B Tesk Nm4e D:uatio 10 1 Prelimmary SyineOrlap eCovrdna5on � Nov Dca Jan Fab Ma lbd -Z__J® Noucta Pm lPrycal0u.pe Wttti Od 3 Fieltl SUtvayl Mappitp Izd: Mobkl I Resevtl: 26 s FtiellU Sirvq Sd fi Topdo9i�W 0ra.iq Pnparfim Sd ] , Caotttpnical RepM dt d 0 tiOMlm5On /POrnils 10d FMd VAa 5d IQ 15 d i It Q2111faPaN Prsyetetipa (SZdtilWA Shct) .. i0d 17 A6 Re 10tl -79-1 FN RepulPrepa alun (SOand lsid 48%1 10d 14 RC COnpMl 6a j 15 � RxkOreuM Raisins, and Dih Caiec9pn ` —_ "j0. ' 18 ® .... laAylmca5pilionLCwrdnaSw�ICM 17 to Rc¢iae tNry(.aaWnY AS BUn Ppni ])d: 1 PlBppta ll6iy Sax •. _ ZBd 20 F'ilal9are MaO COrtpne .. 6d I cta Plan Od Ea CO COnmpl Plaa R. k-. 160 5 6rvin.Imodal D0oumv:i Inds �_. Pmpa CestHpSOn, fYN. NM Trefic Sigpo:I Ry VA' 'Sd 2] 0, 9 AEniMSYAIVi UraII MNU 20'6: M .Lry'Fi<•xwalq�tiioiWatire�vll MND - ......_ ._. . . -..tO E� 29 Ptip Flail A&Iww Nn pqN MND 50 )0 C�kmrx of Fnvl Atlrti�Ae11'E1NObSiPMfins 'S,tla Ftadutt'On and CiYtTddon of FUWAdavi.'Cw M! 541 Mds )9 I Prepare Responses WCartninU (Aiv:m:etlKmr))M FSW MND t0 dt Ciry Rid w ai%tt MIA 10 d4 35 Reuse Fnal MND M adytAlrtllbdi 5a -96' Fiylpb keaieA'a1 FaW 1810 5 d I 3] P1OdxEon elM 6aNGN0n al FiiieiNNp "'S di � c;a co�iti oaaeamn�ofUpmmero ... . .. itida 99 ... __.._._ _ __.. trip' Cgantj ReMew zM PtOlatt Apptw4l Oda 48 Fie No6m of OetrmFahan Me:GUaRtCM Sm 41 ConsapeeoR OVaanenb 1Z5da 42 Rapare 50%Nans 48 04 H AOenq Revie.f $Q%SUEntry t0 d4 Pretart 0016 Plans. SpaafabwssAEs9mfas ... 36 Ea 48 60%131 M OQa aT AW4Rev6.WB Sadrilbl toff Prepare 95 %%ms, Spe Tna9On. E Esemales 1504 . 00a w A9elq•Reviewior95 %SOd:i6ii ' 16 da l .... __._ 10 .... PnepeR t00Y. Plans, 6pedbeafioni A Estirvhv 10 da 52 l00 rwpNlal Oda 53 FaW ReNe�xeMAppovJ tOda R191adsw4rAPaatsaM . nd RSM et W+/AQCifon SeMSds( 1648 s FaMlCbdtp (eslilaatll dw 9imilq antl Canwuc6on SaVPOrt w0a• 59 ® 9iaT1 ind Caasnuc9onSwpon wda VAayy 1&21Oi� Tam SOn ........) 'Dune SCIO1 JmAUeetapp �XHIBIT B V pl- Revised I October 2, 2008 CONSULTMG SECTION VI - COST PROPOSAL COSTPROPOSAL City of Newport Beach - Public Works Department Professional Design Consultant Services JAMBOREE ROAD IMPROVEMENTS BRISTOL STREET NORTH TO FAIRCHILD ROAD Based on the estimated hours for the various tasks as detailed on the Fees and Expenses Estimates on the next pages, the proposed "not-to-exceed" fees and expenses for this Project are: VA Consulting $181,658 $3,379 TOTAL $185,037 Ninyo & Moore $17,502 $17 ;502 Overland, Pacific & Cutler $44,300 $44,400 NUVIS $20,500O,S9f? UltraSystems $28,020 538,030 TOTAL FEES sigl,980 $3,379 $995059 `*The VA Team's Fee Rates will be valid through the end of 2010. QWD menm s Setlinp ATmn%Dc31 Seftgm`reffq o ary intemet F11m%0LF3MPROPt0d4;kV.d0c ENGINEERS PLANNERS SURVEYORS Jamboree Road Improvements (Bristol Street North to Fairchild Road) City of Newport Beach FEES AND EXPENSES ESTIMATE VA CONSULTING, INC. ENGINEERS PLANNERS SURVEYORS v 17601 Cadwftht Road, IMne. CNIbnIla 92814 Ptgnela4a1474.I4W F.rta49)261 -M62 CftNSY•LTINC Jamboree Road Improvements (Bristol Street North to Fairchild Road) City of Newport Beach FEES AND EXPENSES ESTIMATE lemae 0 • BaCkgMnd Rtaearch, Dtq COINUWn, eM PIMO VM1Y 10 14 14 1 39a $5,025 3101 UtU tle. COmdINFlen Assiatance and Udl Base Mt 4 15 M 1 41.0 56,109 $102 D.sfgm ft 6 14 9 S8 86.0 $15.324 $M OeobGhnleal b9etN +Non 2 4 4 t0A 4IA22 $2a 317,602 RI hwMa En ineen 10 al D*M l lent 0 Ba W 1 VISA $20,857 5417 $5000 conftpw.l Plan 1 4 12 1s 24 24 1 81.0 $10,$17 Via EnOwan,ital Doeume4Na 1 2 8 6 4 1 24.0 $a,m $66 $20.020 Readvra Plam Inc. Tltb, DMalis Stem, Drain Re". 4 4 8 24 40 6{ M 2 174a 522,494 "in Dael nClot, Sail]... 2 4 12 10 0 moo S4,OM Sat Rekln Wail &""hand Cakulatletra anal Plam 1 2 24 18 1 494 SS.666 $111 Montag tM Stn In Puns 1 a 10 14 2 34.0 54.202 354 batik Signal MOLNcadons Plan 2 20 32 40 1 9a.0 $11,639 5233 Tmfft Control Plans 4 10 a M 24 79.0 S9,6aa $197 $and$at and l "Plana 2 2 4 9 1 150 $1,969 $39 $20.600 8 UI Pr I.n, 2 10 a 1 12 12 4 4600 0,415 $125 Q and Cast EadMatta 1 2 4 a 12 4 1 320 54,066 591 P Maini,arni,ii and Matangla 12 a at 61.0 1 12,347 1 $247 Cfty of IMn. CoardAntfon 9 is BB 4 96.0 $14,208 SIM ROW Ainualul SmIc" 4 12.0 31,564 $31 S21. 0 ROW Ae ulaNlon ServlM 4 V2.0 31.504 Sit t23,M0 Sid Ph... Su n 2 4 12 e 2 3640 $4,692 $96 C4matrue9en Malta SU Reaord Drawings 2 4 40 a 2 72.0 $9,9M $I" 4 S' 1 14 4=?4QS1T= 100 6 1309 .' .L'.n a- �... .'A: "....•,. VA04a19.FM4 R41m6u4seeN. Mtlrn.d sea C.A..I.M 494 519,234 (12009 341,907 s32aa i10A00 SIAM $12,100 5$500 51725 311/53 S1i4M $116,332 Sall" S16Q904 TOTAL FEES $298,359 lemae 0 • Jamboree Road Improvemeiiis • September 4, 2008 City fo Newport Beach, California Proposal No. S-6831 TABLE 1 - BREAKDOWN OF FEE I PROJECT COORDINATION AND BACKGROUND REVIEW Principal Engineer /Geologist/Environmental Scientist 2 hours @ $ 154.00 /hour $ 308.00 Project Engineer /Geologist/Environmental Scientist 4 hours @ $ 142.00 /hour $ 568.00 Senior Staff Engineer /Geologist/Environmental Scientist 4 hours @ $ 128.00 /hour $ . 512.00 Subtotal /hour $ 1,388.00 SITE RECONNAISSANCE, BORING MARKOUT AND PERMIT ACQUISITION Senior Staff Engineer /Geologist/Environmental Scientist 4 hours @ $ 128.00 /hour $ 512.00 Field Vehicle Usage 4 hours @ $ 12.00 /hour $ 48.00 Subtotal $ 560.00 SUBSURFACE EVALUATION (Based on 4 borings up to approximately 50 feet deep) 4 hours @ $ 154.00 /hour $ 616.00 Senior Staff Engineer /GeologisUEnvironmental Scientist 10 hours @ $ 128.00 /hour $ 1,280.00 Drill Rig (Subcontractor) 10 hours @ $ 310.00 /hour $ 3,100.00 Traffic Control (Subcontractor) 10 hours @ $ 100.00 /hour $ 1,000.00 Field Vehicle Usage, 10 hours @ $ 12.00 /hour $ 120.00 Miscellaneous Supplies Lump Sum Data Processing, Technical Editing, or Reproduction $ 100.00 Subtotal /hour $ 5,600.00 LABORATORY ANALYSES Tests to include moisture and dry density, gradation, consolidation, direct shear, R -value and soil corrosivity. $ 2,630.00 Subtotal $ 2,630.00 I DATA COMPILATION AND ANALYSIS I Principal Engineer /Geologist/Environmental Scientist 4 hours @ $ 154.00 /hour $ 616.00 Project Engineer /Geologist/Environmental Scientist 10 hours @ $ 142.00 /hour $ 1,420.00 Senior Staff Engineer /Geologist/Environmental Scientist 16 hours @ $ 128.00 /hour $ 2,048.00 Subtotal 2,272.00 $ 4,084.00 REPORT PREPARATION Principal Engineer /Geologist/Environmental Scientist 2 hours @ $ 154.00 /hour $ 308.00 Project Engineer /Geologist/Environmental Scientist 16 hours @ $ 142.00 /hour $ 2,272.00 Technical Illustrator /CAD Operator 4 hours @ $ 78.00 /hour $ 312.00 Data Processing, Technical Editing, or Reproduction 6 hours @ $ 58.00 /hour $ 348.00 Subtotal $ 3,240.00 I TOTAL FEE $ 17,502.00 5 31 f� d3 *17#0& Nouns 0 R(W Project Fee r� u Appraisals are billed as a fixed fee but the balance of the project fees will be billed each month on an hourly basis based on the total anticipated budget. Our services fees are based on the appraisal and partial acquisition of a total of 4 separate properties. As properties are added or deleted, the total project fee will have to be adjusted. Similarly, if the project is terminated or negotiations are extended, we ask to modify the budget either up or down. Service Category Professional Services Fee Project Planning & Management $4,500 Appraisal Services(vendor /subcontractor) $17,000 4 at $4,250 each $125.00 per hour Acquisition Services $22,800 4 at $5,000 each, + title clearance at $750 each $ 105.00 per hour TOTAL $44,300 Our services will be billed based on the firms' standard 2008 hourly rates; these rates will be held constant through 2010. The anticipated staff and their billing categories are as follows: Ray Armstrong: Principal Daniela Borbe Sr. Consultant Susan Hebert Project Support Principal $185.00 per hour Principal Consultant / Director $165.00 per hour Senior Project Manager $135.00 per hour Project Manager $125.00 per hour Senior Acquisition/Relocation Consultant $115.00 per hour AcquisitioulRelocation Consultant/Analyst $ 105.00 per hour Real Estate Technician/Escrow Officer/Project Support $ 73.00 per hour SecretariaVClerical $ 45.00 per hour Page 6 N� N U V I S uxosan r AND PLANNING YING n L-A SHORT FORM AGREEMENT To: Jeff Wilkerson V A Consulting Pursuant to: meeting on []Original QRevEiii Date: October 2, 2008 Project: Jamboree Widening Project *: with: We propose that NIAQS shall Perform the following professional landscape ardAectural services: Scope Descriptor Faced Site/Proiect Orientation Q Landscape ME Q Hourly ❑ Fee $ 1,700 $ 15,200 ❑ Design Team /Govt Coord Allowance ❑ J❑ $ 2,300 Services During Bid/Construction Allowance ❑ ❑v $ 1,300 ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $. ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ Direct Project Expenses Aiovamce* $ Total Professional Services Fee $ 20,900 —RD buled at east P122545w� All odw iti ms wNt oncNom of said Agreement are provided on the ba& far reference and are made a part of this Agrewielt. Boarttan Ulis AgreelneM represed, Um entire Agreffnelt between pied and IRIS rely w to the Project and the stated Soope of Servft>es. 1hisAweenert wpercedes all pda negotiatims, enter wdtbm or oral. Please emeCuW wnwrrerice and return a copy for o1B Rtes. NUVIS Authorized signature to -bind agreement: Leslee A. Temple, FASEA Vice PresideWCFO 3151 Airway Avenue, Suite J3 Costa Mesa, CA 92626 0 714.7S4.7311 O 714.754.7346 0 nuvis- tm9nuvis.net ® www.ouvis.net Print Name: Title: Date: I City of Newport Beach Cost (Price Proposal Matrix - Mitigated Negative Declaration Major Task 1.0: Coordination Teak 1.1: Pmjat Kick-off Meeting Task 1.2: Ongoinit Consultation Major Task 2.0: Initial Study Task 2.1: Preparation of Initial Study Task 2.2: Identification of Responsible and Trustee Agencies . Tank 2.3: Consultation with Responsible and Trustee Agencies Task 2.4: Prepare Biological Ruources Technical Report Major Task 3.0: Mitigated Negative Declaration rusk 3.1: Document Prepandon cask 3.2; Nonce of Intern to Adopt and NOA rank 3.3: Document Circulation rank 3.4: Document Revisions Major Task 4.0: CEQA Processing Support Servim rank 4.1: CEQA Documents Distribution rank 4.2: Posting with County Clerk cask 4.3: Reprographic Support Services ** raek 4.4: Other Direct Costs i?; kat•G,laie4d;3�!ice':�Li`vMrD +: X1Mu*.tlmM maablP 20OSWublklHewport Se Uambome Road V fi en aU tMSYVWMS B Coat Proposal (a2"S).ah • ^a pC/�IMQ¢4l`�. i "39071i�tii' ". �[I>id�upl�er(. °.c:•<. S7y "%nbur' •.ar IYii'C4111.0 `rr4.. � Sec: X1Mu*.tlmM maablP 20OSWublklHewport Se Uambome Road V fi en aU tMSYVWMS B Coat Proposal (a2"S).ah • ^a pC/�IMQ¢4l`�. i "39071i�tii' ". �[I>id�upl�er(. °.c:•<. S7y "%nbur' IYii'C4111.0 `rr4.. � Sec: California Secretary of State lifornia Business Search - Corporation arch Results Page 1 of I ri[i i1 [itU, tlttlh79tilYdn lNH1 ' [' [ (A BUS INESS GOUAI Business Search ` Corporations Printer Fmmdiy Pnae New Search Search Tips, IsField Definitions Agtps Definitions N�IDe Availability Corporate RgcotAs Bt!Sin ess. Entities RecorA!j Ordel F2t-ln Certificates Copies Status Reports FAGS Corporations ain Pate Site Search The information displayed here is current as of "OCT 03, 2008" and is updated weekly. It is not a complete or certified record of the Corporation. corporation VA CONSULTING, INC. Number: C0676075 Date Filed: 3/5/1973 Status: active Jurisdiction: California Address 17801 CARTWRIGHT ROAD IRVINE, CA 92614 Agent for Service of Process MAX P VAHID 17801 CARTWRIGHT ROAD IRVINE, CA 92614 Printer Friendly New Search • For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. • Blank fields indicate the information is not contained in the computer file. • If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Copyright ©2001 California Secretary of State. Privacy Statement. htfn- //kenle.r.me ca vnv /rr[rnrlata /Sh�wAllT.ict�flnervf nmNnrnher - -f Of7F.(17S dd 10!1 TI/MO.9 jity of Newport BeaC* NO. BA- 09BA -019 X=111 �,T#TF5jTT#yk1 2008 -09 AMOUNT: $2so,000.00 EFFECT ON BUDGETARY FUND BALANCE: rq Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations NX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations to recognize additional Measure M GMA funds from Orange County Transportation Authority for the Jamboree Road Improvements project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account 284 4861 EXPENDITURE APPROPRIATIONS (3603) Description Description Measure M Competitive Amount Debit Credit $250,000.00 Signed: Signed: Signed: Automatic System Entry. Date Oz�o� Dat City Council Approval: City Clerk Date Description Division Number 7284 Measure M Competitive Account Number C2002019 Jamboree Rd Improvements Bristol /Frc $250,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Automatic System Entry. Date Oz�o� Dat City Council Approval: City Clerk Date