HomeMy WebLinkAboutC-4021 - PSA for Traffic Engineering Services for the City Civic Center and Park Developmentt�i p p
AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES FOR
THE CITY CIVIC CENTER AND PARK DEVELOPMENT
THIS AMENDMENT NO. FO TO PROFESSIONAL SERVICES
AGREEMENT, is entered into as of this day of , 2010, by and
between the CITY OF NEWPORT BEACH, a Municipal Corpor tion ( "CITY "), and RBF
CONSULTING, a California Corporation whose address is 14725 Alton Parkway, Irvine,
California 92618 ( "CONSULTANT'), and is made with reference to the following:
RECITALS:
A. On July 14, 2009, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT," for traffic engineering
services for the City Civic Center and Park Project, hereinafter referred to as
"PROJECT,"
B. CITY and CONSULTANT have entered into three separate AMENDMENTS of
the AGREEMENT, the latest dated January 26, 2010.
C. CITY desires to enter into this AMENDMENT NO. FOUR to reflect additional
services not included in the AGREEMENT or prior AMENDMENTS, to extend the
term of the AGREEMENT to June 30, 2011, and to increase the total
compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. FOUR," 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 June 30, 2011
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NOS. ONE through THREE, CONSULTANT shall diligently
perform all the services described in AMENDMENT NO. FOUR including, but not
limited to, all work set ioiih 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 Sixty -Two Thousand, Five Hundred Nineteen Dollars and no/100
($362,519.00) 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. FOUR, including all reimbursable items and
subconsultant fees, in an amount not to exceed Twenty -Nine Thousand,
Eight Hundred Sixty -Nine Dollars and no/100 ($29,869.00), 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.
FOUR on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
yne D. yc,
Assistant Cityrney
ATTEST:
By: I bw��
Leilani . Brown, ;mmq;%,
City Clerks,
03
11
CITY OF NEWPORT BEACH,
A Municipal Corporation
David A. Kiff, \1k
City Manager
RBF CONSULTING
By: -
-8cll'y Al -1 nSti,011 , �I(Gc LHFsni
V1 e.
By:
Douglas. Frost,
Exec. Vie President,
Chief Financial Officer
Attachment: Exhibit A — Additional Services to be Performed
2
City of Newport Beach
Scope of Work
Addendum No.03
San Miguel Road Improvement PS &E
This addendum scope of work is for the following tasks for the Traffic Signal Timing Improvements,
Avocado Avenue and Farallon Drive Traffic Signal Modification, and Fiber Splicing Detail Sheet for
Communication System Modification as requested by the City:
Task 60.00 Arterial Analysis and TSS Development
RBF will review all traffic signal phasing, timing parameters, attributes, and settings
to insure optimal and safe traffic signal operation at following two (2) project
intersections, San Miguel Drive /Avocado Avenue and San Miguel Drive /MacArthur
Boulevard, for both coordinated and free operation. Items to be reviewed include the
following:
• Pedestrian crossing distance
• Minimum bicycle timing
• Yellow times
• All -red times
• Review detection parameters
RBF will prepare a Synchro 6.0 model that includes the following two (2) project
intersections, San Miguel Drive /Avocado Avenue and San Miguel Drive /MacArthur
Boulevard. Following the preparation of the model, city provided turning movement
volume totals for each intersection will be coded into the model for each timing plan.
Three (3) timing plans —a.m., midday, and p.m.—for a typical weekday and two (2)
Saturday timing plans— midday and p.m. The specific time periods for these timing
plans will be determined based on existing synchronization timing plans for
MacArthur Boulevard.
Using the existing cycle length from MacArthur Boulevard, vehicle splits —green
allocation —will be calculated for the two project intersections. The intersection
synchronization timing will include cycle, offset, splits and phase sequencing, which
will be graphically represented on the time -space diagrams. Time -space diagrams
will be prepared using the Tru- Traffic software. The provided diagrams will be in color
and to scale horizontally and vertically. The Tru - Traffic software allows for the direct
import of Synchro files thereby removing any program input redundancy.
Upon approval of the model by the City, RBF will proceed to organize and convert the
synchronization timing parameters — cycle, offset, splits and phase sequencing —from
the Synchro model into a format for entry into the signal controllers.
1 4/12070
New timing will be typed on standard City signal timing forms and will include any
revised phasing, timing parameters, settings, and the developed synchronization data
for each timing plan.
Deliverables
• Synchro 6.0 corridor model
• Time -space diagrams for three (3) weekday timing plans —a.m., midday and
p.m., and two (2) Saturday timing plans, midday and p.m.
• Typed signal timing charts in standard City format
• Signal timing charts in standard City format — electronic file
Task 61.00 Avocado Avenue and Farallon Drive Intersection Traffic Signal Modification
RBF will redline the existing Avocado Avenue and Farallon Drive intersection traffic
signal plan to show the modifications necessary to allow for site access during
construction. The site access will be located on Avocado Avenue at the terminus of
Farallon Drive. The signal will be modified to provide signal indications and detection
for the site access driveway. Two ten -foot level, three- section vehicle heads will be
added to the westerly side of the traffic signal and a push button to actuate the
vehicle phase will be added on the easterly side. It is anticipated that existing spare
conductors will be used for this operation.
Deliverables
• Redline Traffic Signal Modification Plan (1 Sheet)
Task 62.00 Fiber Splicing Detail Sheet for Communication System Modification
RBF will prepare a fiber splicing detail sheet for the modification of the fiber optic
communication system on Avocado Avenue and San Miguel Drive as part of the San
Miguel Drive widening project. This plan will show the existing fiber optic
communication system facilities that are present at this location and will show the
relocation of those parts of the system affected by the widening project. To address
fiber optic communication system elements affected as a result of the project, a fiber
splicing detail sheet will be prepared showing the connectivity of the communication
system. One fiber splicing detail sheet will be prepared based on the existing fiber
assignments and splicing details.
Deliverables
• Fiber Splicing Detail Sheet (1 Sheet)
SCOPE ASSUMPTIONS:
1. All scope assumptions listed in the original scope of work shall apply to this
addendum scope of work.
4 anaoio
2. Consulting services relating to any of the following tasks maybe completed by
RBF Consulting if negotiated under a separate contract for an additional fee;
but are presently excluded from this Agreement:
• Additional Turning Movement Counts
• Additional Timing Plans
• Timing Implementation
• Timing Fine Tuning
• Additional Communication System Sheets and Details
• Record Drawings
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JN: 10- 107047.001
CONSULTING Task/Hour Breakdown
Addendum No. 03
City of Newport Beach
San Miguel Road Improvements
No. of
Sheets
Total
Total
Task
Sub Task
Description
Shts
Hours
$
Final Design PS &E
60.00
Arterial Analysis and TSS Development
20
$ p g14
61.00
Avocado Avenue and Farallon Drive
Intersection Trafc Si nal Modification
1
4
$ 533
62.00
Fiber S ej I ng Detail Sheet for Communication S stem Modification
1
15
$ 1,992
SUBTOTAL
21
39
$ 5.337
Reimbursables
$
TOTAL COST
2
39
$ 5,337
h9pdata\70107047kadminist ration \addendumlzddendum no 03 fee 01.xis 1 41IM10
City of Newport Beach
Scope of Work
Addendum No. 04
San Miguel Road Improvement PS &E
This addendum scope of work is for the following tasks involving Sidewalk Realignment, City Hall
Support and Project Coordination:
Task 70.00 Sidewalk Realignment
RBF Consulting shall realign the proposed sidewalks and remove the existing
landscaped parkways per direction from the City of Newport Beach. The existing
landscaped parkways will be removed and sidewalks will be modified to be curb -
adjacent. The additional area behind the new sidewalk alignment will be landscaped.
Additionally, the curb return landings at three (3) corners at the San Miguel
Drive /Avocado Avenue intersection will be modified to incorporate a curved back -of-
walk transition.
Modifications to the proposed sidewalk and existing landscaping will require an
upgrade to the 3D surface, recreation of contour lines, modifications to the shading
patterns, and relocation of call outs on the plan sheets.
The following five (5) plan sheets will be affected:
• Typical Sections (TX -1)
• Construction Details (CD -2)
• Removal /New Pavement Plan (RP -1)
• Plan and Profile (ST -1)
• Utility Plan (UT -1)
Deliverables
• Modified Plan Sheets (5 Sheets)
Task 71.00 City Hall Support Work
RBF Consulting shall continue final planning and project coordination for the City
of Newport Beach for the new City Hall project. Transportation support was
required in revisions of the traffic study, parking demand projections and support
through the environmental process. Additionally, due to refinements to the project
definition, revisions to the traffic impact assessment were required. Final contract
close -out work efforts to support the environmental documentation will be included
in this task as well as final project coordination with the City, The Irvine Company,
and other agencies.
Task 72.00 Project Coordination
RBF Consulting has been coordinating with the proposed Newport Beach City Hall
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project team and with The Irvine Company.
Coordination with the proposed Newport Beach City Hall project team involved
approximately four (4) project meetings, conference calls, file and e-mail
coordination and review, and incorporation of the proposed City Hall Entrance
based on the landscape architects comments, designs, design revisions, and
grading changes.
Coordination with the Irvine Company involved a project meeting, creating graphic
exhibits, and telephone and e-mail coordination.
SCOPE ASSUMPTIONS:
GENERAL
All scope assumptions listed in the original scope of work shall apply to this
addendum scope of work.
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C C N S U LTI N 6 TasklHour Breakdown
Addendum No.04
City of Newport Beach
San Miguel Road Improvements
No. of
Sheets
Total
Total
Task
Sub Task
Description
Shts
Hours
E
Final Design PS &E
70.00
Sidewalk Realignment
5
54
$ 7,812
71.00
New ort Beach City Hall Support Work
52
$ 12,000
72.001
Pro ect Coordination
28
$ 4,720
SUBTOTAL
51
34
$ 24,532
Reimbursablas
$
TOTAL COST
51
134E
24,532
h? ydata1 1010704Tadministmflwnaddendumladdendum no 03 fee 01.xls i nnrzoio
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES FOR
THE CITY HALL AND PARK PROJECT
THIS AMENDMENT NO. THREE TO OFESSIONAL SERVICES
AGREEMENT, is entered into as of this gzAay of 1601RAV# 2010, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporati' ( "CITY "), and RBF
CONSULTING, a California Corporation whose address is 14725 Alton Parkway, Irvine,
California 92618 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On July 14, 2009, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT," for traffic engineering
services for the City Hall and Park Project, hereinafter referred to as "PROJECT."
B. CITY and. CONSULTANT have entered into two separate AMENDMENTS of the
AGREEMENT, the latest dated December 9, 2009.
C. CITY desires to enter into this AMENDMENT NO. THREE to reflect additional
services not included in the AGREEMENT or prior AMENDMENTS and to
increase the total compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. THREE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NOS. ONE and TWO, CONSULTANT shall diligently perform all
the services described in AMENDMENT NO. THREE, 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.
2. 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 Thirty -Two Thousand, Six Hundred Fifty Dollars and no/100
($332,650.00) 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. THREE, including all reimbursable items and
subconsultant fees, in an amount not to exceed Ten Thousand, One
Hundred Eighty Four Dollars and no/100 ($10,184.00), without prior
written authorization from City.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
THREE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
ynett D. eVorney hamp,
Assistant City
ATTEST:
By:
Leilani 1. Brown,
City Clerk ®oft—
CITY OF NEWPORT BEACH,
A Municipal Corporatigy-
aum,
Publi orks Director
RBF CONSULTING:
By:
Gary Ar rong,
Senior ice President
By: O A 4
Douglas Fro ,
Exec. * President,
Chief Fih6ncial Officer
Attachment: Exhibit A — Additional Services to be Performed
2
City of Newport Beach
Scope of Work
Addendum No. 02
San Miguel Road Improvement PS &E
This addendum scope of work is for the following tasks involving Survey services for the relocation of
a water quality detention basin to an area between Avocado Avenue and the Central Library parking
lot in the city of Newport Beach as described in the RFP dated December 17, 2009:
Task 50.00 Topographic Survey
RBF Consulting shall perform a field topographic Survey of the subject site. The
topographic survey shall be done in accordance with the 2005 Minimum Standard
Detail Requirements for ALTAlACSM Land Title Surveys. The accuracy standard is
0.07 of a foot at the 95% confidence level. Topography shall include obtaining
locations, elevations and descriptions of:
• Curbs, gutters and driveways.
• One foot contours.
• Walls and retaining walls.
• Edges of paving, AC berms and roadway surfaces.
• Manholes and drainage outfalls.
• Buildings.
• Major signs.
• Power poles, streetlights and traffic signals.
• Trees with trunk diameters greater than six inches.
• Above ground utility structures and surface features.
• Tops and toes of slopes.
• Grade breaks and natural ground.
Unless otherwise directed by the Client, the basis of horizontal control shall be State
Plane co- ordinates on the North American Horizontal Datum of 1983 (NAD 83).
Unless otherwise directed by the Client, the basis of vertical control shall be the
National Geodetic Vertical Datum of 1988 (NGVD88).
All field topography shall be collected electronically for data processing.
The following notes will appear on the finished Topographic Survey:
Street Center line, Boundary Line and Right of Way Note:
Unless otherwise noted, any street and roadway centerlines, boundary lines
or right of way lines shown on this topographic map are based solely on
Record Maps, Right of Way maps or other documents and have not been
verified in any way during the course of this Topographic Survey.
Right of Way Surveys or Boundary Surveys are not included in the project
H : \pdata \10107047\Administration \addendum \addendum no 02 scope of work 02.doc
scope of work contained herein. if shown, such lines are provided solely for
graphic orientation.
Deliverables
• Topographic Survey
Task 51.00 Data Processing and Deliverables
Consultant shall data process all topography in AutoCAD LDD2i. Linestyles will be
conventional. Text annotation will be stored in layers separate from the graphic
elements. An AutoCAD file, layering, linestyle and color specification will be provided,
if requested.
The finished topographic map shall include the basis of horizontal and vertical
control, graphic scale, North arrow, date of survey, Crew chief review, notes and
details if necessary.
Deliverables shall include digital files formatted in AutoCAD including a 3 -D surface.
Electronically formatted files can be E- mailed to the Client if requested.
Deliverables
C Data Processing and Deliverables
SCOPE ASSUMPTIONS:
C -T
1. All scope assumptions listed in the original scope of work shall apply to this
addendum scope of work.
2. Right of Way Surveys, boundary Surveying or the preparation of a Record of
Survey is not included in this Work Task.
3. This topographic survey does not include; landscape irrigation features,
easements, building fagade details, curb drainage outlets, decorative paving
patterns, minor signs, lane striping or any other item not specifically included.
H:\ pdata\ 10107047\Administratim\addendum \addendum no 02 scope of work 02.doc
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e "" xr Task/Hour Breakdown
cortsu �rir.r� Addendum No. 02
City of Newport Beach
San Miguel Road Improvements
No. of
Sheets
Total
Total
Task
Sub Task
Description
Shts
Hours
$
Final Design PSBE
50.00
Topographic Survey
32
$ EE6,112
51.00
Data Processing and Deliverables
16
$ 2,672
SUBTOTAL
1
0
481$
9,184
Reimbursables
$ 1,000
TOTAL COST
I
01
481$
10,184
H:\ pdata\ 10107047WA dministration\addendum\addendum no 02 fee 02.xls vsrzmo
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES FOR
THE CITY HALL AND PARK PROJECT
THIS AMENDMENT kO. TWO < P OFESSIONAL SERVICES AGREEMENT,
is entered into as of this �%ay of \ c . 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and RBF CONSULTING, a
California Corporation whose address is 14725 Alton Parkway, Irvine, California 92618
( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On July 14, 2009, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT," for traffic engineering
services for the City Hall and Park Project, hereinafter referred to as "PROJECT ".
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated September 25, 2009.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT or prior AMENDMENT and to increase
the total compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. TWO, 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.
2. 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 -Two Thousand, Four Hundred Sixty -Six Dollars and
no/100 ($322,466.00) 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. TWO, including all reimbursable items and
subconsultant fees, in an amount not to exceed Five Thousand, One
Hundred Seventy -Six Dollars and no/100 ($5,176.00), 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.
TWO on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By/ynett
D. Be cha ,
Assista ity Attorney
ATTEST:
C
By: *
Leilani I. Brown,
City Clerk
cy��FORN`P
CITY OF NEWPORT BEACH,
A Municipal Corporation
Stefh9prG. Badum,
Publ& Works Director
RBF CONSULTING
By:
Gary Ar stron ,
Senior Vice President
By:
DouglPinancial
. F ost,
Exec.e President,
ChiefOfficer
Attachment: Exhibit A — Additional Services to be Performed
2
City of Newport Beach
Scope of Work
Addendum No.01
San Miguel Road Improvement PS &E
This addendum scope of work is for the following tasks:
Final Design PS &E
Task 40.00 Supplemental Design Survey
Consultant shall provide supplemental field surveying to facilitate the preparation of the design
documents. The supplementary topographic surveys shall be performed at 25 ft. interval
roadway cross - sections and at joins to existing pavement at connection points to exiting
roadways. The roadway cross sections will include finish surface, gutter lip, flow line, top of
curb, sidewalk, grade breaks, and slope elevations. The slopes and /or existing graded areas
will be surveyed 25 ft. outside of the roadway edge of pavement to determine grading tie -ins to
the existing surface for the roadway improvements design. Additionally, existing surface
culture, above ground utility appurtenances, and other roadway features will be obtained
including manholes, major signs, trees with trunk diameters largerthan 6 inches, power poles,
culverts, headwalls, catch basins and cross gutters.
The limits of the additional supplemental field surveying is from the Avocado Avenue /San
Miguel Drive intersection to 550 feet west along San Miguel Drive and from the Mac Arthur
Boulevard /San Miguel Drive intersection to 250 feet east along San Miguel Drive.
Horizontal Datum
Unless otherwise directed by the City, the basis of horizontal control shall be State Plane co-
ordinates on the North American Horizontal Datum of 1983 (NAD 83) as published by the
County of Orange Surveyor.
Vertical Datum
Unless otherwise directed by the City, the basis of vertical control shall be the National
Geodetic Vertical Datum of 1988 (NGVD88) as published by the County of Orange Surveyor.
Deliverables
• Supplemental Design Survey
SCOPE ASSUMPTIONS:
GENERAL
1. All scope assumptions listed in the original scope of work shall apply to this addendum
scope of work.
913M009
-
'° ° Task /Hour Breakdown
G�NSLI LTING
Addendum No.01
City of Newport Beach
San Miguel Road Improvements
9/30/2009
JN: 10- 107047.999
No. of
Sheets
Total
Total
Task
Sub Task
Description
Shts
Hours
$
Final Design PS &E
40.00
Supplemental Design Survey
24
$ 5,176
SUBTOTAL
01
24
$ 5,176
Reimbursables
$
TOTAL COST
0
24
$ 5,176
H :\pdata \70107047\Administration \contracts \addendum no 01 fee 01.x1s E30 Xo 9
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES FOR
THE CITY HALL AND PARK PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this _ day of , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and RBF CONSULTING, a
California Corporation whose address is 14725 Alton Parkway, Irvine, California, 92618
( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On July 14, 2009, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT ", for traffic engineering
services for the City Hall and Park 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 and to extend the term of the
AGREEMENT to August 31, 2010-
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. 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.
2. 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 compensation for all
work performed in accordance with this AMENDMENT NO. ONE, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred
Seventeen, Seven Hundred Ninety Dollars and no /100 ($217,790.00) without
prior written authorization from City.
3. The term of the AGREEMENT shall be extended to August 31, 2010.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
ONE on the date first above written.
APPROV D AS TO FORM:
By:
yne to D. Beauchamp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By. �/4A" V �'
Leilani I. Brown, VY
City Clerk
for the City of Newport Beach
Attachments: Exhibit A — Scope of Services
CITY NEW�PO�T�P� CH,
n
A M (ipalC�or t o
EdTvard D. Selich;
Mayor
for the City of Newport Beach
RBF CONSULTING:
By:
Gary Ar stro g,
Senior Vice President
Bya4"&., Qv4A4
Doug J. F st,
Exe e Vice President,
Chief Financial Officer
0 1
Imilawrl
Exhibit °AO
City of Newport Beach
Scope of Work
San Miguel Road Improvement PS &E
This scope of work is for final design roadway improvements and will incorporate the following
assumptions:
• The limits of the San Miguel Road improvements are from appropmately 500 ft. west of the
San Miguel Road /Avocado Avenue intersection to 100 ft. east of the San Miguel
Road /MacArthur Boulevard intersection.
• The Avocado Avenue /Farallon Drive intersection will include AC pavement drive entrance
improvements to the side opposite Farallon Drive, and will include traffic signal modifications.
• A Geometric Concept Plan will be developed to illustrate final geometric modifications,
conceptual traffic signal modifications, and final lane widths. This Geometric Concept Plan will
require final City concurrence prior to initiation of the final plans, specifications, and estimates.
• Traffic signal modifications are required at the intersections of San Miguel Road /Avocado
Avenue and San Miguel Road /MacArthur Boulevard.
• Landscape and Irrigation improvements are based on replacement landscape only, and the
northwest corner of the San Miguel Road /MacArthur Boulevard intersection will not include
replacement of the monument sign structure.
• The improvements are based on the attached preliminary design /plan titled "City Hall Access
Opportunities, San Miguel Enhancement"
Final Design PS &E
Task 1.00 Research /Investigation /Base Data Review
Upon notice to proceed, Consultant will research additional eAsting improvement plans,
studies, record data, survey ties and notes, utilities, and other information relevant to the
Project and within and adjacent to the project limits to supplement information obtained
during the Project Geometric Approval phase. Consultant is responsible for conducting
research at the City, County, utility companies and maintaining current information
throughout the Project. Consultant will review any additional wasting drainage
improvement drawings and master plans for local drainage facilities.
Deliverables
• Research /Investigation /Base Data Review
Task 2.00 Right -of -Way Constraints Mapping
Consultant shall prepare a right -of -way constraints map based on available record data and
information such as public access data parcel maps and right -of -way information. No speck
right -of -way monument recovery and right -of -way mapping based on recovered right -of -way
monumentation is assumed for this scope of work.
No title reports are assumed to be required for this scope of work and are not included in this
scope of work.
Deliverables
a/aln2
• Right -of -Way Constraints Mapping
Task 3.00 Utility Coordination
Consultant will coordinate with the City to establish utility company contacts and coordinate
proposed street improvement impacts to their facilities. This will include the Consultant
providing reference plans to the utility companies /agencies for planning their relocation
activities. The utility company will be responsible for relocation plan preparation and the City
will be responsible for negotiating cost responsibilities with the utility company. RBF will
transmit initial and final plans to the affected utility companies requesting them to contact the
City to coordinate any adjustments and relocations. RBF will copy the City on all
correspondence.
The City will be responsible for the development of all utility relocation agreements, and /or
utility easement acquisition documents, negotiations with the utility companies for cost
responsibility, processing the utility relocation agreements for signature approval bythe utility
company and the City, and coordinating the actual relocation of the utilities. The Consultant
will be responsible for coordinating technical design issues with the utility company, reviewing
utility relocation agreements to provide input and comment from a technical design standpoint,
and assisting in schedule management between City and utility company as it relates to the
overall design schedule.
All new dry utility facilities will be designed by the dry utility agencies or companies as a part of
the overall dry utility coordination and design process.
Dry utility companies (including any fuel and oil lines) will perform design work with the own
forces in preparing final utility relocation plans. In addition, it has been assumed thatth i companies will be responsible for preparation of legal descriptions and e utility
xhibits foran interim
utility relocations requiring temporary easements. No preparation of leg y al descriptions and
exhibits for new or revised utility easements is assumed for this task.
All utility appurtenance relocation and adjustment work will be coordinated with the
telephone utility and the electrical utility company, and all utility appurtenance relocation
and adjustment work will be constructed by the specific utility company's work forces. All
costs for utility appurtenance relocation and adjustment work will be paid by the City as a
direct bill from the utility company.
Deliverables:
• Utility Coordination
Task 4.00 Geotechnical Engineering
Consultant will develop a letter report addressing the geotechnical recommendations for
overexcavation and the structural pavement section for the widened roadways. The work
efforts include soil borings (including drill rig, traffic control, traffic control plan, and permit
application), sampling, lab testing, and a letter report. The assumed numberof borings is four
(4) shallow borings at 5 feet of depth within San Miguel Road. Bulk samples will be obtained
for R -value and Expansion Index tests.
Deliverables:
• Geotechnical Engineering
Task 5.00 Geometric Concept Plan
SrzIQW9
Consultant will develop a Geometric Concept Plan that will illustrate final geometric
modifications, conceptual traffic signal modifications, and final lane widths. This Geometric
Concept Plan will require final City concurrence prior to initiation of the final plans,
specifications, and estimates.
Deliverables:
• Geometric Concept Plan
Task 6.00 Street Improvement Plans
The Consultant shall prepare the following roadway improvement plans, and the plans will
include the design and profiling of all parkway curbs and roadway centerlines.
All plan types shall be completed in conformance with the latest available design, drafting,
policy and procedure manuals of the City of Newport Beach. Plans will be submitted as
follows:
• 65% (Preliminary Design to City) -11x17 bond
100% (Final to City) — 11 x17 bond and 24x36 bond
The following is a listing of plan sheets with corresponding English scale:
Task
Plan
English Scale
6.01
Title Sheet
Varies
6.02
General Notes /Construction Notes
Varies
6.03
Typical Cross Sections
Varies
6.04
Construction Details
Varies
6.05
Key Map
Varies
6.06
Plan and Profile Sheets
V = 40'
6.07
Storm Drain Plans, Profiles, and Detail Sheets
Varies
6.08
Stage Construction and Traffic Handling Plans
Varies
6.09
Signing and Striping Plans
Varies
6.10
Traffic Signal Plans and Details
1" = 40'
6.11
Street Light Plans
1" = 40'
6.12
Landscape and Irrigation Plans
6.13
Erosion Control Plans
Note that the professional fees established for the various types of plans are based on the
following:
3 80=9
• All plan types for all phases will be prepared in City of Newport Beach plan format on City
of Newport Beach plan sheets. All plans will be processed through the City of Newport
Beach.
• The existing off -site drainage patterns will be maintained and conveyed. No interim
drainage systems are assumed to be required to maintain existing drainage patterns in
order to facilitate the construction of the roadway improvements. All ultimate /permanent
drainage systems will be shown on the storm drain plans.
No separate detailed hydrology and hydraulics report will be prepared as a part of this
scope of work for the roadway improvements. Additionally, this scope of work specifically
excludes maintenance agreements, environmental permits and documentation, flood
plain revisions, and CLOMR/LOMR processing.
Any catch basin /storm drain inlet relocation will utilize the existing catch basin /storm drain
inlet sizing and existing lateral sizing. No hydraulic sizing calculations are a part of this
scope of work.
• Existing utilities will be shown on the plans per information obtained through existing as-
builthecord drawings as provided by the utility companies and the City of Newport Beach.
No initial potholing is assumed for this scope of work.
• All roadwayedge grading will be coordinated with andjoin adjacent existing tractgrading.
The existing grade /surface condition is expected to be the base roadway elevation for the
new roadway design. No fills or cuts beyond 1.0 ft. in depth /height is expected based on
the conceptual roadway plan.
• Roadway Erosion Control Plan will be for illustrative purposes only and will not be
submitted as a part of the roadway improvements plan set. The roadway erosion control
plan will be a part of the bid specifications and will be a part of the overall Master SWPPP
by the City of Newport Beach. No separate SWPPP specified for the roadway
improvements is included in this scope.
• No separate, temporary or permanent off -site bike trail is assumed as a part of this task.
• No rehabilitative roadway grinding and overlay of existing roadway surfaces is assumed to
be included in the scope of work.
• Streetlights shall be shown per City standard and located on separate plan sheets. All
electrical conduit plans and electrical load calculations will be prepared and coordinated
with the City's Utility Services Department.
• All stage construction and traffic handling will be developed per the requirements of the
City of Newport Beach, Caltrans, and M.U.T.C.D. Standards.
• The following plans and reports will not be required as a part of this scope of work:
• Demolition and Removal Plans
• Construction Staking and Survey Control Plans
• Utility Relocation Plans
• Roadway Cross Sections
Deliverables
• Street Improvement Plans
4
e¢rrzaos
Task 7.00 Technical Specifications and Bidding Phase /Contract Documents
Consultant shall develop technical specifications as special provisions in conformance with
City's format. This scope of work shall include the preparation of the technical specifications
as referenced to the latest edition of the "Greenbook" Standard Specifications for Public
Works Construction.
Consultant shall develop contract documents in conformance with City's format. The Citywill
provide a standard bid /contract document template for use in preparing the final project
bid /contract documents, and the City will provide all regulatory and agency permits and
reference materials to be included in the City's standard contract documents.
Deliverables
• Technical Specifications and Bidding Phase /Contract Documents
Task 8.00 Engineer's Cost Estimates
Consultant will prepare a final estimate of construction quantities and costs based upon the
approved final drawings utilizing the current edition of the Caltrans Contract Cost Data book
and recent construction bid information. The specific construction items will be verified with
contractors and up -to -date construction management cost data to account for current cost
increases and material cost trends. The final detailed engineer's estimate of the project costs
will be structured per City format.
Deliverables
• Engineer's Cost Estimate
Task 9.00 Plan Check Revisions /Approvals /Local Agency Permits
Consultant will process the completed plans for the purpose of securing appropriate approvals
and permits from the City as required. Submittals to agencies shall include all plans and
required backup data for review.
Consultant will receive written comments from all participating agencies and review with
City. Consultant will draft a response to all agency comments at one time. Consultant will
then meet collectively with all participating agencies to resolve outstanding issues relative
to agency comments. Consultant will then prepare final dispositions for each review
comment for submittal to the Agencies. Consultant will make revisions to PS &E
documents following plan check for second plan check submittal and provide final revised
quantity take -offs and cost estimates. When revisions have been made, Consultant will
obtain signatures and provide the requested number of stamped plans to the City.
Deliverables:
• Plan Check Revisions /Approvals /Local Agency Permits
Task 10.00 Project Meetings
Consultant shall attend Project Development Team (PDT) meetings with the City and other
organizations to discuss work progress, schedule and related issues in order to exchange
information, discuss and resolve issues and to maintain progress of the project. The fee
has been established in part based on 16 hours of meeting attendance. Consultant shall
prepare an action item matrix, agendas and distribute to the City and other attendees or
organizations as required. Consultant shall also prepare and distribute meeting minutes
and other pertinent documents as appropriate.
Deliverables
• Attendance at Project Meetings
Task 11.00 Project Management and Coordination
Consultant shall provide project management and coordination for the design and
administration of the project. Consultant's project management and coordination activities will
include the following:
• Consultant shall supervise, coordinate, monitor and review design and any
clarifications for conformance with applicable City standards, policies and procedures.
• Consultant shall coordinate with the City and other Agencies to facilitate project
delivery. Management support shall be provided to support resolution of project
design scope and scheduling.
• Consultant shall document all project decisions and distribute correspondence copies
to all Project Team members as appropriate.
• Work items and deliverables identified in accordance with the original contract Work
Breakdown Structure (WBS) as developed by the Consultant and approved by the City
will be coordinated.
• The order, sequence and interdependence of significant work items including
engineering design, City review periods, and other relevant project activities will be
coordinated.
Deliverables
• Project Management and Coordination
Construction Support
Task 20.00 Construction Bidding Phase Support
RBF will provide construction bidding phase support services during the contract
advertising period. RBF will attend one (1) pre -bid meeting, and RBF shall develop
contract documents in conformance with City's format. This task shall include the
preparation of three (3) project limit exhibits on 8 1/2 x 11 page size format. Preparation of
a response to bidders questions and preparation of one (1) addendum document is
included in this scope. City shall provide required permits and reference materials to be
included in the standard contract documents.
An initial budget amount of 24 hours has been initially assumed for this task
Task 21.00 Pre - Construction and Field Meetings (Time and Material)
template provided by the City. The WQMP will be consistent with the requirements of the
current Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan
(LIP).
RBF will not proceed with final design PS &E until the City has commented on the Water
Quality Management Plan and provided written approval or direction.
Deliverables
Water Quality Management Plan
Task 32.00 Pedestrian Overcrossing Visual Simulation
Consultant shall prepare a visual simulation of the proposed pedestrian overcrossing over San
Miguel Road between Avocado Avenue and MacArthur Boulevard. The proposed
overcrossing will be simulated in order to determine the visual impact to the modified traffic
signal at the San Miguel Road /Avocado Avenue intersection from vehicles traveling in the
northbound/westbound direction on San Miguel Road from the San Miguel Road /MacArthur
Boulevard intersection. A sight line analysis will be included with section cuts depicting the
cross - section of the proposed pedestrian overcrossing and the roadway profile of San Miguel
Road. A strip map exhibit will be prepared with the overall visual simulation and the section cut
illustrating the sight lines and visibility of the traffic signal heads.
Deliverables
Pedestrian Overcrossing Visual Simulation
SCOPE ASSUMPTIONS:
GENERAL
1. All base topographic information will be provided by the City and will consist of aerial
photographic topography with 2 ft. contours in digital DXF format with point and
breaklines sufficient to generate a digital terrain model (DTM).
2. No design surveys or aerial topography is included in this scope of work. All requested
topographic information and supplemental design field surveys will be provided by the
City.
3. No domestic or reclaimed water design or relocation plans and details or sewer design
or relocation plans and details are assumed a part of this scope of work. Any
appurtenances associated with domestic water, reclaimed water, or sewer facilities
requiring adjustments or relocations will be shown on the roadway plan and profile
sheet with an appropriate standard plan call out.
4. Known utility coordination efforts include the grade adjustment of tops of vaults,
manhole grade adjustments, and the relocation of electrical utility vault air vents. All
utility appurtenance relocation and adjustment work will be coordinated with the
telephone utility and the electrical utility company, and all utility appurtenance
relocation and adjustment work will be constructed by the specific utility company's
work forces. All costs for utility appurtenance relocation and adjustment work will be
paid by the City as a direct bill from the utility company.
5. It is assumed that Resource Agency permits (i.e., 404,1601, etc.) are not included in the
scope of work and have been procured by others.
9 8=W9
6. All geotechnical investigations and engineering will be conducted to develop roadway
structural section, overexcavation, and remedial grading recommendations only_
7. Structural BMP facilities are not anticipated for the project. If facilities are necessary to
satisfy environmental mitigation measures, an additional scope and fee will be
determined.
8. A calculated improved roadway centerline and right -of -way is assumed as established and
a part of the initial electronic information available to initiate and execute this scope of
work.
9. A Traffic Management Plan (TMP) is not anticipated for this project.
10. Phase II hazardous waste assessments and implementation of environmental mitigation
measures are not included in this scope of work.
11. No new fire hydrants shall be assumed to be required for this scope of work.
12. It is understood the environmental documents and clearances have been prepared and
obtained by others.
13. No bridge widening plans, retaining wall plans, or soundwall plans are included in this
scope of work.
14. The City shall contract separately with a right -of -way agent to facilitate right -of -way
appraisal and acquisition, if required_
15. Boundary and centerline surveys and right -of -way monumentation after construction are
not a part of this scope.
Task 26.00 Final Quantity Verifications
Consultant shall attend a final quantity review meeting with City's Construction Manager
and Contractor. Consultant shall obtain from the City's Construction Manager final quantity
take -off data received from the Contractor, Resident Engineer, and other field personnel
responsible for verifying quantities as directed by the City's Construction Manager_ After
the final quantity review meeting, Consultant shall prepare a final quantity spreadsheet
addressing all items of work including change orders and submit the spreadsheet with a
letter signed by a licensed engineer verifying the quantities to City's Construction Manager.
This work effort is based on providing verification and justification for changes to 25% of
the bid items as shown on the standard bid form for the project.
An initial budget amount of 12 hours has been initially assumed for this task.
Task 27.00 Record Drawings
Consultant shall compile documents provided by the City's Construction Manager affecting
the final configuration of the work. These may include Contractor's as -built drawings,
survey records, plan changes, change orders and other contract documents. Consultant
shall produce the record drawings for the future reference of City. The record drawings
shall be a full set of plans stamped "As- Builts" in red. Revisions will be solely based on as-
built information provided by the City's Construction Manager. Consultant assumes no
responsibility for the accuracy of the information provided by the City's Construction
Manager.
A budget amount of 56 hours has been initially assumed for this task.
Reimbursables
Reimbursable expenses will be paid at cost by the City. Reimbursables shall include all reprographic and
photocopying services, messenger services, overnight delivery services, and courier services.
Optional Tasks
Task 30.00 Utility Potholing and Surveying
Consultant shall prepare utility pothole exhibits for facilities to be potholed within project limits,
coordinate pothole activities, and arrange for contractor to perform the potholing. The
potholing contractor will be a subcontractor to Consultant. The fee has been established
based on an assumed number of eight (8) separate potholes for the new traffic signal pole
locations (if applicable), and two (2) separate potholes for existing utilities. Consultant will also
provide field survey for horizontal and vertical locations for up to ten (10) potholes. Single lane
closures utilizing the M.U.T.C.D. Manual are assumed for pothole exploration activities, and no
separate traffic control plans are assumed as required for this task.
Deliverables
• Ten (10) Utility Potholes and Surveying
Task 31.00 Water Quality Management Plan
A Water Quality Management Plan (WQMP) for the project improvements will be developed
with input from the City. The WQMP will be prepared per the requirements and standard
n :emcnoioroaTwe,.�m :socomnwi�n w.An, vz.eo 8 8!21/2009
template provided by the City. The WQMP will be consistent with the requirements of the
current Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan
(LIP).
RBF will not proceed with final design PS &E until the City has commented on the Water
Quality Management Plan and provided written approval or direction.
Deliverables
• Water Quality Management Plan
Task 32.00 Pedestrian Overcrossing Visual Simulation
Consultant shall prepare a visual simulation of the proposed pedestrian overcrossing over San
Miguel Road between Avocado Avenue and MacArthur Boulevard. The proposed
overcrossing will be simulated in order to determine the visual impact to the modified traffic
signal at the San Miguel Road /Avocado Avenue intersection from vehicles traveling in the
northbound /westbound direction on San Miguel Road from the San Miguel Road /MacArthur
Boulevard intersection. A sight line analysis will be included with section cuts depicting the
cross - section of the proposed pedestrian overcrossing and the roadway profile of San Miguel
Road. A strip map exhibit will be prepared with the overall visual simulation and the section cut
illustrating the sight lines and visibility of the traffic signal heads.
Deliverables
• Pedestrian Overcrossing Visual Simulation
SCOPE ASSUMPTIONS:
GENERAL
1.
All base topographic information will be provided by the City and will consist of aerial
photographic topography with 2 ft. contours in digital DXF format with point and
breaklines sufficient to generate a digital terrain model (DTM).
2.
No design surveys or aerial topography is included in this scope of work. All requested
topographic information and supplemental design field surveys will be provided by the
City.
3.
No domestic or reclaimed water design or relocation plans and details or sewer design
or relocation plans and details are assumed a part of this scope of work. Any
appurtenances associated with domestic water, reclaimed water, or sewer facilities
requiring adjustments or relocations will be shown on the roadway plan and profile
sheet with an appropriate standard plan call out.
4.
Known utility coordination efforts include the grade adjustment of tops of vaults,
manhole grade adjustments, and the relocation of electrical utility vault air vents. All
utility appurtenance relocation and adjustment work will be coordinated with the
telephone utility and the electrical utility company, and all utility appurtenance
relocation and adjustment work will be constructed by the specific utility company's
work forces. All costs for utility appurtenance relocation and adjustment work will be
paid by the City as a direct bill from the utility company.
5.
It is assumed that Resource Agency permits (i.e., 404, 1601, etc.) are not included in the
scope of work and have been procured by others.
�w.�.00,oro.m�d,n�mow,xnm�H w.a.o:.oa 9 8/21/2009
8121 /2009
JN :10- 107047.999
c Task/Hour Breakdown
CONSULTING
City of Newport Beach
San Miguel Road Improvements
--FT-
I
No. of
Sheets
Total
Total
Task
Sub Task
Description
Shts
Hours
$
Final Design PSBE
1.00
Researchllnvesti ation /Base Data Review
30
$ 4,440
2.00
Right -of -Way Constraints Mappin2
26
$ 3,660
300
Utility Coordination
88
$ 9,708
4.00
Geotechnicai Engineering
126
$ 13,764
5.00
Geometric Concept Plan
68
$ 9,664
6.00
Street Improvement Plans
6.01
Tilie Sheet
1
14
$ 2,032
6.02
Geneml Notes/Construction Notes
1
38
$ 5,308
6.03
Typical Cross Sections
1
46
$ 6,108
5.04
Construction Details
3
86
$ 11,932
6.05
Key Map
1
18
$ 2,580
6.06
Plan and Profile Sheets
2
94
$ 13,212
607
Storm Drain Plans, Profiles, and Detail Sheets
2.
68
$ 9,728
6.08
Stage Construction and Traffic Handling Plans
4
84
$ 11,504
6.09
Signing and Striping Plans
2
40
$ 5,432
6.10
Traffic Signal Plans and Details
5
115
$ 16,210
6.11
Street Light Plan
2
44
$ 6,072
6.12
Landscape and Irrigation Plans
4
86
$ 12,108
6.13
Erosion Control Plans
2
30-$
4,140
7.00
Technical Specifications and Bidding Phase /Contract Documents
40
$ 6,512
8.00
Engineer's Cost Estimates
28
$ 4,248
9.00
Plan Check Revisions/Approvals/Local Agency Permits
40
$ 5,920
10.00
Project Meetings
16
$ 2,800
11.00
Project Management and Coordination
72
$ 13,264
SUBTOTAL
—301
1297
$ 180,346
Reimbursables
$ 5,000
TOTAL COST
1 301
1297
$ 185,346
H:\pdata\ 10107047 1Administration\contracts\san miguel fee 02.x1s 1 amawa
8/21/2009
!Nr 10-107047.999
TaskMour Breakdown
CONSrJ LTING
City of Newport Beach
San Miguel Road Improvements
--FT
No. of
Sheets
Total
Total
Task
Sub Task
Description
Shts
Hours
$
Construction Sup POrt
2000 .
Construction Bodrtnt Poase Support
26
$ 4,068
21.00
Pre Consuuc8on and Field Meelings
24
$ 3,768
2200
Field Support Services
24
$ 3,768
23.00
Shop Drawing Review
24
$ 3,704
2400
Plan Revisions antl Modifications
24
$ 3.736
25.00
Plan Certifications
16
$ 2,460
26.00
Final Quantity Verifications
12
$ 1,804
27.00
Record Drawings
30
56
$ 7,136
SUBTOTAL
35r
2061
$ 30,444
R.,mbursabies
1 $ 2,000
TOTAL COST
1 30
206
$ 32,444
Optional Tasks
30.00
Utility Poth d Surveying
212
$ 26,576
31.00
Water Quality Manage Ian
66
$ 9,708
32.00
Pedestrian Ovicemrossin Visua Lion
104
$ 13,516
SUBTOTAI.
0
382
$ 49,800
R ' rsables
$ 2,000
T ST
0
1 382
800
H:\ pdata1101070471Adminislration \contractslsan miguel fee WAS 2
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 14
September 8, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen Badum
sbad um(a)newpo rtbeachca. oov
949 - 644 -3311
SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL OF
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
WITH RBF CONSULTING FOR TRAFFIC ENGINEERING SERVICES
RECOMMENDATION:
Approve Amendment No. 1 to the Professional Services Agreement (PSA) with RBF
Consulting, of Irvine, California, to provide supplemental traffic engineering services at
a not to exceed price of $217,790 and authorize the Mayor and City Clerk to execute
the agreement.
DISCUSSION:
On July 14, 2009, City Council approved a PSA with RBF Consulting for Traffic
Engineering services for the City Hall and Park project. The work scope included traffic
engineering services in conjunction with the preparation of environmental documents
and the development of conceptual transportation improvements to mitigate
transportation impacts. During the course of this approved work, staff identified the
need to proceed with construction plans for the widening of San Miguel Drive and
modification of the Avocado Avenue/ Farallon Drive intersection to provide the Civic
Center entrance. The construction of these improvements prior to the start of the Civic
Center construction will enable the City to mitigate potential impacts in advance of the
construction of the project. Upon certification of the Civic Center EIR, the roadway
improvement plans would be finalized and bid packages prepared. It is anticipated that
the construction of these improvements would occur in early 2010 in advance of the
grading operations for the Civic Center site.
The proposed work scope will provide design, cost estimates, construction documents,
and construction support for:
• The widening of San Miguel Drive from 500' west of Avocado Avenue to 100'
east of MacArthur Boulevard in order to provide a third eastbound left turn lane;
• Traffic signal modifications at Avocado /San Miguel and MacArthur /San Miguel;
Newport Beach Civic Center Project — Approval of Amendment No.1 to the Professional Services Agreement with RBF Consulting
September 8, 2009
Page 2
• Civic Center entrance including signal modifications and temporary driveway for
construction.
The proposed fee for this work totals a 'not to exceed' cost of $217,790, which includes
reimbursable expenses for travel and reproduction. The work scope is itemized and
billing will be per the approved billing rates as shown in Exhibit 1 of the attached PSA,
which are the same as the billing rates in the previous work scope.
With this amendment, the total allocated work on this contract is valued at $317,290.
Environmental Review:
Architectural and Engineering services and geotechnical investigation and design
services are not projects as defined in the California Environmental Quality Act (CEQA)
Implementing Guidelines. City Council has retained LSA who will prepare
environmental documentation for the project.
Funding Availability:
There are sufficient funds available in the following account:
Account Description
Newport Beach Civic Center
Submitted by:
Badum
s Director
Account Number
7410- C1002009
Attachment: Amendment No. 1 to PSA with RBF Consulting
Amount
$ 217,790
$ 217,790
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES FOR
THE CITY HALL AND PARK PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and RBF CONSULTING, a
California Corporation whose address is 14725 Alton Parkway, Irvine, California, 92618
( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On July 14, 2009, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT ", for traffic engineering
services for the City Hall and Park 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 and to extend the term of the
AGREEMENT to August 31, 2010-
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. 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.
2. 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 compensation for all
work performed in accordance with this AMENDMENT NO. ONE, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred
Seventeen, Seven Hundred Ninety Dollars and no /100 ($217,790.00) without
prior written authorization from City.
3. The term of the AGREEMENT shall be extended to August 31, 2010.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
ONE on the date first above written.
APPRO 13 AS TO FORM:
By: ot._ _ C . 4 11- �
Mynette D. Beauchamp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
Leilani 1. Brown,
City Clerk
for the City of Newport Beach
Attachments: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
In
Edward D. Selich,
Mayor
for the City of Newport Beach
RBF CONSULTING:
C
Gary Armstrong,
Senior Vice President
By:
Douglas J. Frost,
Executive Vice President,
Chief Financial Officer
Exhibit "A"
City of Newport Beach
Scope of Work
San Miguel Road Improvement PS &E
This scope of work is for final design roadway improvements and will incorporate the following
assumptions:
• The limits of the San Miguel Road improvements are from approbmately 500 ft. west of the
San Miguel Road /Avocado Avenue intersection to 100 ft, east of the San Miguel
Road /MacArthur Boulevard intersection.
• The Avocado Avenue /Farallon Drive intersection will include AC pavement drive entrance
improvements to the side opposite Farallon Drive, and will include traffic signal modifications.
• A Geometric Concept Plan will be developed to illustrate final geometric modifications,
conceptual traffic signal modifications, and final lane widths. This Geometric Concept Plan will
require final City concurrence prior to initiation of the final plans, specifications, and estimates.
• Traffic signal modifications are required at the intersections of San Miguel Road /Avocado
Avenue and San Miguel Road /MacArthur Boulevard.
• Landscape and Irrigation improvements are based on replacement landscape only, and the
northwest comer of the San Miguel Road /MacArthur Boulevard intersection will not include
replacement of the monument sign structure.
• The improvements are based on the attached preliminary design /plan titled "City Hall Access
Opportunities, San Miguel Enhancement."
Final Design PS &E
Task 1.00 Research /Investigation /Base Data Review
Upon notice to proceed, Consultant will research additional existing improvement plans,
studies, record data, survey ties and notes, utilities, and other information relevant to the
Project and within and adjacent to the project limits to supplement information obtained
during the Project Geometric Approval phase. Consultant is responsible for conducting
research at the City, County, utility companies and maintaining current information
throughout the Project. Consultant will review any additional existing drainage
improvement drawings and master plans for local drainage facilities.
Deliverables
• Research /Investigation /Base Data Review
Task 2.00 Right -of -Way Constraints Mapping
Consultant shall prepare a right -of -way constraints map based on available record data and
information such as public access data parcel maps and right -of -way information. No specific
right -of -way monument recovery and right -of -way mapping based on recovered right -of -way
monumentation is assumed for this scope of work.
No title reports are assumed to be required for this scope of work and are not included in this
scope of work.
Deliverables
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• Right -of -Way Constraints Mapping
Task 3.00 Utility Coordination
Consultant will coordinate with the City to establish utility company contacts and coordinate
proposed street improvement impacts to their facilities. This will include the Consultant
providing reference plans to the utility companies/agencies for planning their relocation
activities. The utility company will be responsible for relocation plan preparation and the City
will be responsible for negotiating cost responsibilities with the utility company. RBF will
transmit initial and final plans to the affected utility companies requesting them to contact the
City to coordinate any adjustments and relocations. RBF will copy the City on all
correspondence.
The City will be responsible for the development of all utility relocation agreements, and/or
utility easement acquisition documents, negotiations with the utility companies for cost
responsibility, processing the utility relocation agreements for signature approval by the utility
company and the City, and coordinating the actual relocation of the utilities. The Consultant
will be responsible for coordinating technical design issues with the utility company, reviewing
utility relocation agreements to provide input and commentfrom a technical design standpoint,
and assisting in schedule management between City and utility company as it relates to the
overall design schedule.
All new dry utility facilities will be designed by the dry utility agencies or companies as a part of
the overall dry utility coordination and design process.
Dry utility companies (including any fuel and oil lines) will perform design work with their own
forces in preparing final utility relocation plans. In addition, it has been assumed that the utility
companies will be responsible for preparation of legal descriptions and exhibits for any interim
utility relocations requiring temporary easements. No preparation of legal descriptions and
exhibits for new or revised utility easements is assumed for this task.
All utility appurtenance relocation and adjustment work will be coordinated with the
telephone utility and the electrical utility company, and all utility appurtenance relocation
and adjustment work will be constructed by the specific utility company's work forces. Al
costs for utility appurtenance relocation and adjustment work will be paid by the City as a
direct bill from the utility company.
Deliverables:
• Utility Coordination
Task 4.00 Geotechnical Engineering
Consultant will develop a letter, report addressing the geotechnical recommendations for
overexcavation and the structural pavement section for the widened roadways. The work
efforts include soil borings (including drill rig, traffic control, traffic control plan, and permit
application), sampling, lab testing, and a letter report. The assumed numberof borings is four
(4) shallow borings at 5 feet of depth within San Miguel Road. Bulk samples will be obtained
for R -value and Expansion Index tests.
Deliverables:
• Geotechnical Engineering
Task 5.00 Geometric Concept Plan
a 1/2009
Consultant will develop a Geometric Concept Plan that will illustrate final geometric
modifications, conceptual traffic signal modifications, and final lane widths. This Geometric
Concept Plan will require final City concurrence prior to initiation of the final plans,
specifications, and estimates.
Deliverables:
• Geometric Concept Plan
Task 6.00 Street Improvement Plans
The Consultant shall prepare the following roadway improvement plans, and the plans will
include the design and profiling of all parkway curbs and roadway centerlines.
All plan types shall be completed in conformance with the latest available design, drafting,
policy and procedure manuals of the City of Newport Beach. Plans will be submitted as
follows:
• 65% (Preliminary Design to City) — 11x17 bond
• 100% (Final to City) — 11x17 bond and 24x36 bond
The following is a listing of plan sheets with corresponding English scale:
Task
Plan
English Scale
6.01
Title Sheet
Varies
6.02
General Notes /Construction Notes
Varies
6.03
Typical Cross Sections
Varies
6.04
Construction Details
Varies
6.05
Key Map
Varies
6.06
Plan and Profile Sheets
1" = 40'
6.07
Storm Drain Plans, Profiles, and Detail Sheets
Varies
6.08
Stage Construction and Traffic Handling Plans
Varies
6.09
Signing and Striping Plans
Varies
6.10
Traffic Signal Plans and Details
1" = 40'
6.11
Street Light Plans
1" = 40'
6.12
Landscape and Irrigation Plans
1" = 40'
6.13
Erosion Control Plans
1" = 40'
Note that the professional fees established for the various types of plans are based on the
following:
aninW9
• All plan types for all phases will be prepared in City of Newport Beach plan format on City
of Newport Beach plan sheets. All plans will be processed through the City of Newport
Beach.
• The existing off -site drainage patterns will be maintained and conveyed. No interim
drainage systems are assumed to be required to maintain existing drainage patterns in
order to facilitate the construction of the roadway improvements. All ultimate /permanent
drainage systems will be shown on the storm drain plans.
No separate detailed hydrology and hydraulics report will be prepared as a part of this
scope of work for the roadway improvements. Additionally, this scope of work specifically
excludes maintenance agreements, environmental permits and documentation, flood
plain revisions, and CLOMR /LOMR processing.
Any catch basin /storm drain inlet relocation will utilize the existing catch basin /storm drain
inlet sizing and existing lateral sizing. No hydraulic sizing calculations are a part of this
scope of work.
• Existing utilities will be shown on the plans per information obtained through existing as-
built/record drawings as provided by the utility companies and the City of Newport Beach.
No initial potholing is assumed for this scope of work.
• All roadway edge grading will be coordinated with and join adjacent existing tract grading.
The existing grade /surface condition is expected to be the base roadway elevation for the
new roadway design. No fills or cuts beyond 1.0 ft. in depth/height is expected based on
the conceptual roadway plan.
• Roadway Erosion Control Plan will be for illustrative purposes only and will not be
submitted as a part of the roadway improvements plan set. The roadway erosion control
plan will be a part of the bid specifications and will be a part of the overall Master SWPPP
by the City of Newport Beach. No separate SWPPP specified for the roadway
improvements is included in this scope.
• No separate, temporary or permanent off -site bike trail is assumed as a part of this task.
• No rehabilitative roadwaygrinding and overlay of existing roadway surfaces is assumed to
be included in the scope of work.
• Streetlights shall be shown per City standard and located on separate plan sheets. All
electrical conduit plans and electrical load calculations will be prepared and coordinated
with the City's Utility Services Department.
• All stage construction and traffic handling will be developed per the requirements of the
City of Newport Beach, Caltrans, and M.U.T.C.D. Standards.
• The following plans and reports will not be required as a part of this scope of work:
• Demolition and Removal Plans
• Construction Staking and Survey Control Plans
• Utility Relocation Plans
• Roadway Cross Sections
Deliverables
• Street Improvement Plans
Task 7.00 Technical Specifications and Bidding Phase /Contract Documents
Consultant shall develop technical, specifications as special provisions in conformance with
City's format. This scope of work shall include the preparation of the technical specifications
as referenced to the latest edition of the "Greenbook° Standard Specifications for Public
Works Construction.
Consultant shall develop contract documents in conformance with City's format. The Citywill
provide a standard bid /contract document template for use in preparing the final project
bid /contract documents, and the City will provide all regulatory and agency permits and
reference materials to be included in the City's standard contract documents.
Deliverables
• Technical Specifications and Bidding Phase /Contract Documents
Task 8.00 Engineer's Cost Estimates
Consultant will prepare a final estimate of construction quantities and costs based upon the
approved final drawings utilizing the current edition of the Caltrans Contract Cost Data book
and recent construction bid information. The specific construction items will be verified with
contractors and up -to -date construction management cost data to account for current cost
increases and material cost trends. The final detailed engineer's estimate of the project costs
will be structured per City format.
Deliverables
• Engineer's Cost Estimate
Task 9.00 Plan Check Revisions /Approvals /Local Agency Permits
Consultant will process the completed plans for the purpose of securing appropriate approvals
and permits from the City as required. Submittals to agencies shall include all plans and
required backup.data for review.
Consultant will receive written comments from all participating agencies and review with
City. Consultant will draft a response to all agency comments at one time. Consultant will
then meet collectively with all participating agencies to resolve outstanding issues relative
to agency comments. Consultant will then prepare final dispositions for each review
comment for submittal to the Agencies. Consultant will make revisions to PS &E
documents following plan check for second plan check submittal and provide final revised
quantity take -offs and cost estimates. When revisions have been made, Consultant will
obtain signatures and provide the requested number of stamped plans to the City.
Deliverables:
• Plan Check Revisions /Approvals /Local Agency Permits
Task 10.00 Project Meetings
Consultant shall attend Project Development Team (PDT) meetings with the City and other
organizations to discuss work progress, schedule and related issues in order to exchange
information, discuss and resolve issues and to maintain progress of the project. The fee
has been established in part based on 16 hours of meeting attendance. Consultant shall
prepare an action item matrix, agendas and distribute to the City and other attendees or
emrzae9
organizations as required. Consultant shall also prepare and distribute meeting minutes
and other pertinent documents as appropriate.
Deliverables
• Attendance at Project Meetings
Task 11.00 Project Management and Coordination
Consultant shall provide project management and coordination for the design and
administration of the project. Consultant's project management and coordination activities will
include the following:
• Consultant shall supervise, coordinate, monitor and review design and any
clarifications for conformance with applicable City standards, policies and procedures.
• Consultant shall coordinate with the City and other Agencies to facilitate project
delivery. Management support shall be provided to support resolution of project
design scope and scheduling.
• Consultant shall document all project decisions and distribute correspondence copies
to all Project Team members as appropriate.
• Work items and deliverables identified in accordance with the original contract Work
Breakdown Structure (WBS) as developed by the Consultant and approved by the City
will be coordinated.
• The order, sequence and interdependence of significant work items including
engineering design, City review periods, and other relevant project activities will be
coordinated.
Deliverables
Project Management and Coordination
Construction Support
Task 20.00 Construction Bidding Phase Support
RBF will provide construction bidding phase support services during the contract
advertising period. RBF will attend one (1) pre -bid meeting, and RBF shall develop
contract documents in conformance with City's format. This task shall include the
preparation of three (3) project limit exhibits on 8 112 x 11 page size format. Preparation of
a response to bidders questions and preparation of one (1) addendum document is
included in this scope. City shall provide required permits and reference materials to be
included in the standard contract documents.
An initial budget amount of 24 hours has been initially assumed for this task.
Task 21.00 Pre- Construction and Field Meetings (Time and Material)
During the period before City issues a Notice to Proceed to its Contractor, Consultant shall
attend the pre - construction meeting called by City. During the active construction period,
Consultant shall provide an engineering project manager to attend field meetings called by
City's Construction Manager.
An initial budget amount of 24 hours has been initially assumed for this task.
Task 22.00 Field Support Services
Consultant shall observe the work in process for general conformance with the plans for two
(2) hours per week for the duration of the construction schedule. Consultant shall respond to
Requests for Information (RFI's) submitted through the City's Construction Manager /Director
and provide written response to City as appropriate. When requested by City, the engineering
project manager will share interpretations, opinions, and possible solutions to field issues, and
coordinate additional services required. Upon request by City's Construction Manager,
Consultant will review and respond to change order requests submitted by the Contractorand
prepare estimates of quantities and cost supporting the change.
An initial budget amount of 24 hours has been initially assumed for this task.
Task 23.00 Shop Drawing Review
Consultant shall provide review of Contractor's submittals and shop drawings, as required,
submitted through the City's Construction Manager/Director and provide written response to
City as appropriate on the specific submittal or shop drawing.
An initial budget amount of 24 hours has been initially assumed for this task.
Task 24.00 Plan Revision and Modifications
Consultant shall prepare plan revisions and modifications submitted through the City's
Construction Manager /Director and provide revised plans to City as appropriate. When
requested by City, the engineering project manager will share interpretations, opinions, and
possible solutions to the requested plan revisions and modifications. Upon request by City's
Construction Manager, Consultant will review and respond to these plan revision and
modification requests submitted by the Contractor and prepare estimates of quantities and
cost supporting the revision and modification. Specific fee authorization is required from the
City prior to commencement of work on each revision.
As approvals are required for various field design modifications, Consultant shall
coordinate the processing of documents through the City of Newport Beach as required.
An initial budget amount of 24 hours has been initially assumed for this task.
Task 25.00 Plan Certifications
Upon completion of the construction work (or various phases thereof), Consultant shall
prepare written certifications signed by a licensed engineer verifying completion of the work is
insubstantial compliance with the intent of the plans and specifications based on periodic field
observations as performed in Task No. 22 and in conjunction with a certification letter from the
construction staking surveyor certifying the line and grade of street improvements.
An initial budget amount of 16 hours has been initially assumed for this task.
Task 26.00 Final Quantity Verifications
Consultant shall attend a final quantity review meeting with City's Construction Manager
and Contractor. Consultant shall obtain from the City's Construction Manager final quantity
take -off data received from the Contractor, Resident Engineer, and other field personnel
responsible for verifying quantities as directed by the City's Construction Manager. After
the final quantity review meeting, Consultant shall prepare a final quantity spreadsheet
addressing all items of work including change orders and submit the spreadsheet with a
letter signed by a licensed engineer verifying the quantities to City's Construction Manager.
This work effort is based on providing verification and justification for changes to 25% of
the bid items as shown on the standard bid form for the project.
An initial budget amount of 12 hours has been initially assumed for this task.
Task 27.00 Record Drawings
Consultant shall compile documents provided by the City's Construction Manager affecting
the final configuration of the work. These may include Contractor's as -built drawings,
survey records, plan changes, change orders and other contract documents. Consultant
shall produce the record drawings for the future reference of City. The record drawings
shall be a full set of plans stamped "As- Builts" in red. Revisions will be solely based on as-
built information provided by the City's Construction Manager. Consultant assumes no
responsibility for the accuracy of the information provided by the City's Construction
Manager.
A budget amount of 56 hours has been initially assumed for this task.
Reimbursables
Reimbursable expenses will be paid at cost by the City. Reimbursables shall include all reprographic and
photocopying services, messenger services, overnight delivery services, and courier services.
Optional Tasks
Task 30.00 Utility Potholing and Surveying
Consultant shall prepare utility pothole exhibits for facilities to be potholed within project limits,
coordinate pothole activities, and arrange for contractor to perform the potholing. The
potholing contractor will be a subcontractor to Consultant. The fee has been established
based on an assumed number of eight (8) separate potholes for the new traffic signal pole
locations (if applicable), and two (2) separate potholes for existing utilities. Consultant will also
provide field survey for horizontal and vertical locations for up to ten (10) potholes. Single lane
closures utilizing the M.U.T.C.D. Manual are assumed for pothole exploration activities, and no
separate traffic control plans are assumed as required for this task.
Deliverables
Ten (10) Utility Potholes and Surveying
Task 31.00 Water Quality Management Plan
A Water Quality Management Plan (WQMP) for the project improvements will be developed
with input from the City. The WQMP will be prepared per the requirements and standard
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template provided by the City. The WQMP will be consistent with the requirements of the
current Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan
(LIP).
RBF will not proceed with final design PS &E until the City has commented on the Water
Quality Management Plan and provided written approval or direction.
Deliverables
• Water Quality Management Plan
Task 32.00 Pedestrian Overcrossing Visual Simulation
Consultant shall prepare a visual simulation of the proposed pedestrian overcrossing over San
Miguel Road between Avocado Avenue and MacArthur Boulevard. The proposed
overcrossing will be simulated in order to determine the visual impact to the modified traffic
signal at the San Miguel Road /Avocado Avenue intersection from vehicles traveling in the
northbound /westbound direction on San Miguel Road from the San Miguel Road /MacArthur
Boulevard intersection. A sight line analysis will be included with section cuts depicting the
cross - section of the proposed pedestrian overcrossing and the roadway profile of San Miguel
Road. A strip map exhibit will be prepared with the overall visual simulation and the section cut
illustrating the sight lines and visibility of the traffic signal heads.
Deliverables
• Pedestrian Overcrossing Visual Simulation
SCOPE ASSUMPTIONS
GENERAL
1. All base topographic information will be provided by the City and will consist of aerial
photographic topography with 2 ft. contours in digital DXF format with point and
breaklines sufficient to generate a digital terrain model (DTM).
2. No design surveys or aerial topography is included in this scope of work. All requested
topographic information and supplemental design field surveys will be provided by the
City.
3. No domestic or reclaimed water design or relocation plans and details or sewer design
or relocation plans and details are assumed a part of this scope of work. Any
appurtenances associated with domestic water, reclaimed water, or sewer facilities
requiring adjustments or relocations will be shown on the roadway plan and profile
sheet with an appropriate standard plan call out.
4. Known utility coordination efforts include the grade adjustment of tops of vaults,
manhole grade adjustments, and the relocation of electrical utility vault air vents. All
utility appurtenance relocation and adjustment work will be coordinated with the
telephone utility and the electrical utility company, and all utility appurtenance
relocation and adjustment work will be constructed by the specific utility company's
work forces. All costs for utility appurtenance relocation and adjustment work will be
paid by the City as a direct bill from the utility company.
5. It is assumed that Resource Agency permits (i.e., 404, 1601, etc.) are not included in the
scope of work and have been procured by others.
8212W9
6. All geotechnical investigations and engineering will be conducted to develop roadway
structural section, overexcavation, and remedial grading recommendations only.
7. Structural BMP facilities are not anticipated for the project. If facilities are necessary to
satisfy environmental mitigation measures, an additional scope and fee will be
determined.
8. A calculated improved roadway centerline and right- of -wayis assumed as established and
a part of the initial electronic information available to initiate and execute this scope of
work.
9. A Traffic Management Plan (TMP) is not anticipated for this project.
10. Phase II hazardous waste assessments and implementation of environmental mitigation
measures are not included in this scope of work.
11. No new fire hydrants shall be assumed to be required for this scope of work.
12. It is understood the environmental documents and clearances have been prepared and
obtained by others.
13. No bridge widening plans, retaining wall plans, or soundwall plans are included in this
scope of work.
14. The City shall contract separately with a right -of -way agent to facilitate right -of -way
appraisal and acquisition, if required.
15. Boundary and centerline surveys and right -of -way monumentation after construction are
not a part of this scope.
„ ..,.,.,..,, .........a._.r.e...,,...�...,., 10 WIMM
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TasklHour Breakdown
CONSLI LTrNG
City of Newport Beach
San Miguel Road Improvements
No. of
Sheets
Total
Total
Task
Sub Task
Description
Shts
Hours
$
Final Design PSBE
i-00
Research /lnves8 ation /Base Data Review
30
$ 4,440
2.00
Right-of-Way Constraints Mapping
26.$
3,660
3.00
Utility Coordination
881$
9,708
4.00
Geotechnical Engineering
1261$
13,764
5.00
Geometric Concept Plan
68
$ 9,664
6.00
Street Improvement Plans
6.01
Titte Sheet
1
14
$ 2,032
6.02
General Notes(Construction Notes
1
38
$ 5,308
5.03
T pical Cross Sections
1
46
$ 6,108
6.04
Construction Details
3
86
$ 11,932
6.05
Key Map
1
18
$ 2,580
6.06
Plan and Profile Sheets
2
94
$ 13,212
6.07
Storm Drain Plans, Profiles, and Detail Sheets
2
68
$ 9,728
6.08
Stage Construction and Traffic Handling Plans
4
84
$ 11,504
6.09
Signing and Striping Plans
2
40
$ 5,432
6.10
1ratfic Signal Plans and Details
5
115
$ 16,210
6.11
Street Light Plan
2
44
$ 6,072
6.12
Landscape and Irrigation Plans
4
86
$ 12,108
6.13
Erosion Control Plans
2
30
$ 4,140
7.00
Technical Specifications and Bidding Phase/Contract Documents
40
$ 6,512
8.00
-
Engineer's Cost Estimates
28
$ 4,248
9.00
Plan Check Revisions/A pmvals /Local Agency Permits
40
$ 5,920
10.00
Project Meetings
16
$ 2,800
11.00
Project Management and Coordination
72
$ 13,264
SUBTOTAL
30
1297
$ 180,346
Reimbursables
$ 5,000
TOTAL COST
30
1297
$ 185,346
H:S pdata11010704TAdministration \wntractslsan miguel fee 02 -)ds 1 azvmas
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CONSULTING Task/Nour Breakdown
City of Newport Beach
San Miguel Road Improvements
No. of
Sheets
Total
Total
Task
Sub Task
Description
Shts
Hours
8
Construction 6upPOr1 �— �
2000 .
Consvuttion Ridding Phase Support
26
$ 4,068
21.00
Pre Construction and Field Meetings
24
$ 7,768
2200
Field Support Services
24
$ 3,768
23.00
_
Shop 3,a ar Review
24
$ 3,704
24.00
Plan Revisions and Modifications
24
$ 3,736
25.00
Plan Codifications
16
$ 2,460
26.00
Final Quantity Verifications
12
$ 1804
27.00
Record Drawings
30
56
$ 7,136
SUBTOTAL
30
206
$ 30,444
Reimbursables
TOTAL COST
30
206
$ 32.444
Oplional Tasks
30.00
MIRY Pun dSurveying
212
$ 26,576
31.00
Water Quality Mana a Ian
66
$ 9,708
32.001
IPerles(ri an Ovicerorossi Visaa lion
104
$ 13,516
SUBTOTAL
0
382
$ 49,800
R ' ables -
$ 2,000
T
ST
0
382
00
H: 1pdata1 101070471Administrationbontrads \san mi9uel fee 02.xis 2 ,idles
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11-.m , y 18, 2009
CITY HALL ACCESS OPPORTUNITIES
San Miguel Enhancement
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES FOR
THE CITY HALL AND PARK PROJECT
THIS AGREEMENT is made and entered into as of this I* day of�U , 2009,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation "City "),
and RBF CONSULTING, whose address is 14725 Alton Pkwy, Irvine, CA 92618
( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City desires to engage Consultant to provide traffic engineering services upon
the terms and conditions contained in this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
D. The principal member of Consultant for purposes of the Project shall be Mike
Erickson, P.E.
E. City has solicited and received a proposal from Consultant, reviewed the
previous experience, 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 30`h day of June 2010, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant will provide contract traffic engineering services to the City of
Newport Beach in conjunction with the preparation of environmental
documents and traffic engineering design for the City Hall and Park Project.
The consultant will review transportation and circulation issues associated with
the project, review and make recommendations on road alignments,
1
intersection configurations and street sections, provide conceptual design plans
for EIR purposes, and prepare analyses and reports as required ( "Project ").
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement
and Consultant shall perform the services in a timely manner as necessary
for the City of Newport Beach to comply with the City Hall and Park project
schedule. The failure by Consultant to provide services in such a timely
manner may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the services to be provided for the Project, each party
hereby agrees to provide notice to the other party so that all delays can be
addressed.
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, 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 Ninety -Nine Thousand, Five Hundred
Dollars and no /100 ($99,500) without additional 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 for 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
advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
2
A. Approved reproduction charges.
B. Travel expenses at the current mileage rate approved by the
IRS.
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 Scope of Work as set forth in Exhibit A.
5. PROJECT MANAGER
Consultant has designated Mike Erickson P.E., as 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 shall not remove or reassign the Project Manager 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
Public Works Director Stephen Badum shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project
Administrator or his authorized representative shall represent City in all
matters pertaining to the services to be rendered pursuant to this Agreement.
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 photocopying, blueprinting and other services through City's
reproduction company. Consultant will provide electronic copies of
documents and the City will coordinate the required documents with
City's reproduction company. All other reproduction will be the
responsibility of Consultant.
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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of
whatsoever nature that are legally required of Consultant to practice its
profession. Consultant further represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain
at all times during the term of this Agreement, any and all licenses,
permits, insurance and other approvals that are legally required of
Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of
City to furnish timely information or to approve or disapprove
Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
0
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers,
agents, volunteers and employees (collectively, the "Indemnified Parties)
from and against any and all claims (including, without limitation, claims for
bodily injury, death or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including, without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any
manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from
the 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.
5
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision
points in order to ensure the Project proceeds in a manner consistent with
City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status
and progress of the Project, activities performed and planned, and any
meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to
commencement of work Consultant shall obtain, provide and maintain at its
own expense during the term of this Agreement, 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's 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
0
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. Coveraae Requirements.
i 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
limitation, contractual liability If commercial f 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.
if. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property
damage for alt 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.
iii. 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.
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).
7
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.
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.
0
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 orjoint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into
this Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express
written consent of City. Consultant shall not subcontract any portion of the
work to be performed under this Agreement without the prior written
authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course
of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion
without further 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.
9
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. 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.
20. 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.
21. 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.
22. 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
lilt
greater than what would have resulted if there were not errors or omissions in
the work accomplished by Consultant, the additional design, construction
and /or restoration expense shall be borne by Consultant. Nothing in this
paragraph is intended to limit City's rights under any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. 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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Consultant and
conclusively shall be deemed served when delivered personally, or on the
third business day after the deposit thereof in the United States mail, postage
prepaid, first -class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from Consultant to City shall be addressed
to City at:
Attn: Stephen Badum
Public Works Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949) 644 -3318
11
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Mike Erickson
RBF Consulting
P.O. Box 57057
Irvine, CA 92619- 7057
Phone: (949) 472 -3505
Fax: (949) 837 -4122
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is
not cured within a period of two (2) calendar days, or if more than two (2)
calendar days are reasonably required to cure the default and the defaulting
party fails to give adequate assurance of due performance within two (2)
calendar days after receipt of written notice of default, specifying the nature
of such default and the steps necessary to cure such default, the non -
defaulting party may terminate the Agreement forthwith by giving to the
defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by
giving seven (7) calendar days prior written notice to Consultant. In the event
of termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of
termination for which Consultant has not been previously paid. On the
effective date of termination, Consultant shall deliver to City all reports,
Documents and other information developed or accumulated in the
Performance of this Agreement, whether in draft or final form.
27. 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.
12
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained
herein, whether of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind
or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the
provisions herein.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
1(4ynqO6 D. Bea mp,
Assistant City A rney
for the City of Newport Beach
ATTEST:
4�'-
I I
B
Leilani Brown,
City Clerk
for the City o_f&6kwopQa Beach
CSR
Attachments: Exhibit "A" - Scope of Work
CITY O EWPO BEACH,
A Mu icipal orpo ti n
By:
E ar is ,
Mayor
for the City of Newport Beach
RBF CONSULTINFong ..
Gary Arms
Senior Vice President
By:
John McCarthy,
Vice President
By:
Dougl ost,
Exec ti e Vice President,
Chief Financial Officer
Exhibit "B" - Schedule of Hourly Rates
14
Mr. Tony Brine
Transportation & Development Services Manager
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
Subject: City Hall Transportation Support
Dear Mr. Brine:
This letter is submitted as a proposal to provide transportation support services for the
Proposed City Hall and park complex fronting Avocado Avenue within Newport Center.
Per your request, the efforts are intended to provide support in two primary categories of
transportation engineering: 1) the traffic study and Transportation Phasing Ordinance
assessment and 2) the assessment of traffic patterns along the easterly side of Newport
Center and development of conceptual improvements and operati
enhance access to this area. onal strategies to
Because the specific scope of these efforts, particularly regarding the access
enhancements, is subject to modifications, this proposal is structured to be administered
on a time and materials basis consistent with budgets established for the primary
categories of support identified to date. RBF's efforts would occur at the direction of you
and the City's project team. Billing would occur monthly on a time and materials basis
based on the attached 2009 Billing Rates and specifically include sub - consultant efforts,
primarily for traffic counts.
Following is the description of the tasks identified to date and the associated
recommended budget for each task:
TASK 1 DATA CATION
Peak hour intersection turning movement counts and a trip generation /parking
count of the current city hall facility are proposed under this task. Based on the
44 study intersections identified to date and the list of those intersections being
counted through the standard city program, it is anticipated that morning and
evening peak hour intersection counts could be required at up to a maximum of
34 locations, with half of them assumed to require two person crews.
Additionally, it is proposed that a four person crew monitor the trip generation
and parking associated with the current city hall over a period of ten hours of one
day.
(Recommended Budget = $15,000)
PLANNING 0 DESIGN 0 CONSTRUCTION
14725 Alton Perk iy I, ,nc, CA 92878 2027 e P.O. Box 570u7, Irvine, C/\ 9261C-'C57 ® 949.472.3505 w Fax 949,472.k,'-,73
O "kc- 1 .o,,,. „ 11 1 , 1.
TASK 2 TRAFFIC C REPORT
A traffic report including a Traffic Phasing Ordinance assessment will be
Prepared for a project consisting of a 90,000 SF City Hall, a 20,000 SF expansion
of the Library and 10 acres of Park Use. Minimal efforts are anticipated
addressing project and /or locational alternatives and it is assumed that the
analysis will address approximately 45 intersections within or along the
boundaries of Newport Beach. This proposal does not include use of the City's
traffic model, with any such efforts that might become necessary being provided
outside this scope of work.
(Recommended Budget = $30,000)
TASK 3 CONSTRUCTION TRAFFIC ASSESSMENT
An assessment of the construction - related traffic will be pe formed for the
purpose of identifying the VMT and VHT related to the exporting of excess dirt
from the project site.
(Recommended Budget = $2,000)
TASK 4 ACCESS ENHANCEMENT STUDY
An assessment of the traffic patterns along the west side of Newport Center
between San Joaquin Hills Road and Coast Highway will be prepared. The
assessment will identify existing and future traffic patterns, building on the
preliminary efforts accomplished mid last year. Specifically, identification of
potential improvements to San Miguel (MacArthur to Newport Center Drive),
Avocado, MacArthur and nearby intersections will be considered. Conceptual
improvements will be identified including both roadway and /or operational
improvements. Conceptual improvements and /or operational strategies will be
documented as well as related cost estimates for their implementation.
(Recommended Budget = $30,000)
TASK 5 TRAFFIC OPERATION SIMULATIONS
Traffic simulations will be prepared for up to three alternative improvement
Programs to the westerly portion of Newport Center for the AM and PM peak
hour conditions.
(Recommended Budget = $6,000)
TASK 6 MEETINGS AND CONSULTATION
This task will cover attendance of RBF personnel at meetings, public hearings
and for phone consultations. For budget purposes, a total of 90 hours has been
assumed.
(Recommended Budget = $15,000)
City Hall Transportation Support — City of Newport Beach
Newport Beach, CA Page 2
April 8, 2009
TASK 7 REIMBURSABLE CO Ts
Reimbursable direct costs for items such as reproduction, messenger service
and travel will be billed at cost plus ten percent.
The cumulative budget total is $99,500,
obtaining your approval. Similarly, the
not be exceeded without first receiving
throughout the process.
(Recommended Budget = $1,500)
and the total would not be exceeded without first
recommended budget for each sub -task would
approval in order to maintain budgetary control
We greatly appreciate the opportunity to work on this project and look forward to the
Opportunity to provide positive input to the project as it develops through the process.
Please call me (949/855 -5744) with any questions you may have regarding this proposal
or if you require further information.
Very truly yours,
Mike Erickson
Senior �ssociate
t
Attachment — 2009 Fee Schedule
Cc: Steve Badum — City of Newport Beach
H:lpdata\70108738\Scope\S_8adum City Hall Transportatioin Support 4.08.09.doc
Newport Bea ort Beartsportation
Ne Support — City of Newport
ach, CA beach
Page 3
���� ��
SCHEDULE OF HOURL�� ���~.'`'
OFFICE PERSONNEL� / hr.
Senior Project Manager
210.00
Project Planner
144.00
Designer/Planner ......
119.00
Design Technician ...
FIELD PERSONNEL
CONSTRUCTION MANAGEMENT PERSONNEL
Construction Manager .--~^—`^`
Resident ..................................................
—~—`—..180.00
~—``----^---`--.'1510V
Senior Construction Inspector
___,`__ —^--^---------``--.—^.'11�}*)
cvookuc�ooInspector
—_`____
F�NOffice Engineer —_``_`_. ------`--~--`---'-----.-115�00
Construction Technician `______—``—`-----^--^-----'1V��OV
_....... ......................
............ ......... 95.0V
OTHER SERVICES AND FEES
Permit Processor ............................ —'--``—~--'`--`--.'10K00
C)*hcakVVoxd —^`—`--�
^`—`--~,'81.V0
x«»su|�UonRo/a�vcWLnga|A��on� --`---`-----�—^--`--..0300
YehiJoK@�u8o^—`_^.`__`_'''''``_—~—^--`---`—`—�--`--`,-35V.00
——^, ...... ............ ...........
........ ......... 0.60/Miln
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
July 14, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen Badum
sbad u m (a)city. newi)ort- beach. ca. us
949 - 644 -3311
SUBJECT: CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES
RECOMMENDATIONS:
Approve a Professional Services Agreement with RBF Consulting, Inc., of Irvine, California, for traffic
engineering services at a contract price of $99,500 and authorize the Mayor and the City Clerk to
execute the Agreement.
DISCUSSION:
The proposed work includes the preparation of traffic studies, TPO assessments, construction
traffic analysis, and traffic engineering analysis of potential roadway improvements and access
enhancements in conjunction with the City Hall and Park project. This work scope also provides
traffic engineering support for the ongoing preparation of environmental documentation. The
proposed fee for these professional services is $98,000 with a $1,500 allowance for reimbursables
for a total cost not to exceed $99,500 on a time and materials basis per the attached proposal and
hourly rates.
Environmental Review:
Traffic Engineering services are not projects as defined in the California Environmental Quality Act
(CEQA) Implementing Guidelines. Staff has retained an EIR consultant who will prepare
environmental documentation for the project.
Funding Availability:
There are sufficient funds available in the following account:
Account Description
City Hall and Park Design
Submitted by:
PSA with RBF Consulting
Account Number Amount
7410- C1002009 $ 99,500
$ 99,500
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES FOR
THE CITY HALL AND PARK PROJECT
THIS AGREEMENT is made and entered into as of this day of , 2009,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "),
and RBF CONSULTING, whose address is 14725 Alton Pkwy, Irvine, CA 92618
( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City desires to engage Consultant to provide traffic engineering services upon
the terms and conditions contained in this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
D. The principal member of Consultant for purposes of the Project shall be Mike
Erickson, P.E.
E. City has solicited and received a proposal from Consultant, reviewed the
previous experience, 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 30i' day of June 2010, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant will provide contract traffic engineering services to the City of
Newport Beach in conjunction with the preparation of environmental
documents and traffic engineering design for the City Hall and Park Project
The consultant will review transportation and circulation issues associated with
the project, review and make recommendations on road alignments,
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intersection configurations and street sections, provide conceptual design plans
for EIR purposes, and prepare analyses and reports as required ( "Project ").
3. TIME OF PERFORMANCE.
Time is of the essence in the performance of services under this Agreement
and Consultant shall perform the services in a timely manner as necessary
for the City of Newport Beach to comply with the City Hall and Park project
schedule. The failure by Consultant to provide services in such a timely
manner may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the services to be provided for the Project, each party
hereby agrees to provide notice to the other party so that all delays can be
addressed.
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, 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 Ninety-Nine Thousand, Five Hundred.
Dollars and no /100 ($99,500) without additional 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 for 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
advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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A. Approved reproduction charges.
B. Travel expenses at the current mileage rate approved by the
IRS.
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 Scope of Work as set forth in Exhibit A.
5. PROJECT MANAGER
Consultant has designated Mike Erickson P.E., as 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 shall not remove or reassign. the Project Manager 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
Public Works Director Stephen Badum shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project
Administrator or his authorized representative shall represent City, in all
matters pertaining to the services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide photocopying, blueprinting and other services through City's
reproduction company. Consultant will provide electronic copies of
documents and the City will coordinate the required documents with
City's reproduction company. All other reproduction will be the
responsibility of Consultant.
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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of
whatsoever nature that are legally required of Consultant to practice its
profession. Consultant further represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain
at all times during the term of this Agreement, any and all licenses,
permits, insurance and other approvals that, are legally,. requi red of
Consultant to practice its profession. Consultant shaft maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shaft 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.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers,
agents, volunteers and employees (collectively, the "Indemnified Parties)
from and against any and all claims (including, without limitation, claims for
bodily injury, death or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including, without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any
manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from
the 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 riot 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.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision
points in order to ensure the Project proceeds in a manner consistent with
City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or histher
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 lnsrirance. 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's 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. Ail insurance policies shall be issued by an
insurance company currently authorized by the Insurance
Commissioner to transact business of insurance in the State of
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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. 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.
ii. 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.
iii. 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 Erriployer'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.
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).
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E. Endorsements. Each general liability and automobile liability
insurance policy shall be endorsed with the following specific
language:
L 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.
N. This insurance shall act for each insured and additional insured
as though a separate policy had been written for each, except
with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its
elected or appointed officers, officials, employees, agents and
volunteers.
v. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its elected or
appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (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.
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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 orjoint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into
this Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express
written consent of City. Consultant shall not subcontract any portion of the
work to be performed under this Agreement without the prior written
authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course
of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion
without further 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.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. 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.
20. 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.
21. 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.
22. 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
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greater than what would have resulted if there were not errors or omissions in
the work accomplished by Consultant, the additional design, construction
and /or restoration expense shall be borne by Consultant. Nothing in this
paragraph is intended to limit City's rights under any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. 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 indemnity and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Consultant and
conclusively shall be deemed served when delivered personally, or on the
third business day after the deposit thereof in the United States mail, postage
prepaid, first -class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from Consultant to City shall be addressed
to City at:
Attn: Stephen Badum
Public Works Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3311
Fax: 949) 644 -3318
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All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Mike Erickson
RBF Consulting
P.O. Box 57057
Irvine, CA 92619- 7057
Phone: (949) 472 -3505
Fax: (949) 837 -4122
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is
not cured within a period of two (2) calendar days, or if more than two (2)
calendar days are reasonably required to cure the default and the defaulting
party fails to give adequate assurance of due performance within two (2)
calendar days after receipt. of written notice of default, specifying the nature
of such default and the steps necessary to cure such default, the non -
defaulting party may terminate the Agreement forthwith by giving to the
defaulting. party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by
giving seven (7) calendar days prior written notice to Consultant. In the event
of termination.. under this Section, City shall ".pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of
termination for which Consultant has not been previously paid. On the
effective date of termination, Consultant shall deliver to City all reports,
Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
27. 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.
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28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained
herein, whether of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind
or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the
provisions herein.
30. 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.
31. 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.
32. 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.
33. 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.
34. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap;
ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
Mynq06 D. Bea mp,
Assistant City A rney
for the City of Newport Beach
ATTEST:
Leitani Brown,
City Clerk
for the City of Newport Beach
CITY OF NEWPORT BEACH,
A Municipal Corporation
Edward D, Selich,
Mayor
for the City of Newport Beach
RBF CONSULTING, INC.:
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John McCarthy,
Vice President
Douglas J. Frost,
Executive Vice President,
Chief Financial Officer
Attachments: Exhibit "A" - Scope of Work
Exhibit "B" - Schedule of Hourly Rates
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April 8, 2009 CONSULTING JN: 10- 106738
Mr. Tony Brine
Transportation & Development Services Manager
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
Subject: City Hall Transportation Support
Dear Mr. Brine:
This letter is submitted as a proposal to provide transportation support services for the
proposed City Hall and park complex fronting Avocado Avenue within Newport Center.
Per your request, the efforts are intended to provide support in two primary categories of
transportation engineering: 1) the traffic study and Transportation Phasing Ordinance
assessment and 2) the assessment of traffic patterns along the easterly side of Newport
Center and development of conceptual improvements and operational strategies to
enhance access to this area.
Because the specific scope of these efforts, particularly regarding the access
enhancements, is subject to modifications, this proposal is structured to be administered
on a time and materials basis consistent with budgets established for the primary
categories of support identified to date. RBF's efforts would occur at the direction of you
and the City's project team. Billing would occur monthly,on a time and materials basis
based on the attached 2009 Billing Rates and specifically include sub - consultant efforts,
primarily for traffic counts.
Following is the description of the tasks identified to date and the associated
recommended budget for each task:
TASK 1 DATA COLLECTION
Peak hour intersection turning movement counts and a trip generation /parking
count of the current city hall facility are proposed under this task. Based on the
44 study intersections identified to date and the list of those intersections being
counted through the standard city program, it is anticipated that morning and
evening peak hour intersection counts could be required at up to a maximum of
34 locations, with half of them assumed to require two person crews.
Additionally, it is proposed that a four person crew monitor the trip generation
and parking associated with the current city hall over a period of ten hours of one
day.
(Recommended Budget = $15,000)
PLANNING O DESIGN 0 CONSTRUCTION
14725 Alton Parkway, Irvine, CA 926182027 • P.O. Box 57057, Irvine, CA 925197057 • 949.472.3505 • Fax 949.472.8373
Offices located throughout California, Arizona & Nevada 0 v .FIBF.conn
RBF
TASK 2 TRAFFIC REPORT
A traffic report including a Traffic Phasing Ordinance assessment will be
prepared for a project consisting of a 90,000 SF City Hall, a 20,000 SF expansion
of the Library and 10 acres of Park Use. Minimal efforts are anticipated
addressing project and /or locational alternatives and it is assumed that the
analysis will address approximately 45 intersections within or along the
boundaries of Newport Beach. This proposal does not include use of the City's
traffic model, with any such efforts that might become necessary being provided
outside this scope of work.
(Recommended Budget = $30,000)
TASK 3 CONSTRUCTION TRAFFIC ASSESSMENT
An assessment of the construction - related traffic will be performed for the
purpose of identifying the VMT and VHT related to the exporting of excess dirt
from the project site.
(Recommended Budget = $2,000)
TASK 4 ACCESS ENHANCEMENT STUDY
An assessment of the traffic patterns along the west side of Newport Center:
between San Joaquin Hills Road and Coast Highway will be prepared. The
assessment will identify existing and future traffic patterns, building on the
preliminary efforts accomplished mid last year. Specifically, identification of
potential improvements to San Miguel (MacArthur to Newport Center Drive),
Avocado, MacArthur and nearby intersections will be considered. Conceptual
improvements will be identified including both roadway and /or operational
improvements. Conceptual improvements and /or operational strategies will be
documented as well as related cost estimates for their implementation.
(Recommended Budget = $30,000)
TASK 5 TRAFFIC OPERATION SIMULATIONS
Traffic simulations will be prepared for up to three alternative improvement
programs to the westerly portion of Newport Center for the AM and PM peak
hour conditions.
(Recommended Budget = $6,000)
TASK 6 MEETINGS AND CONSULTATION
This task will cover attendance of RBF personnel at meetings, public hearings
and for phone consultations. For budget purposes, a total of 90 hours has been
assumed.
(Recommended Budget = $15,000)
City !fall Transportation Support— City of Newport Beach Page 2
Newport Beach, CA April 8, 2009
RBF Consulting
TASK 7 REIMBURSABLE COSTS
Reimbursable direct costs for items such as reproduction, messenger service
and travel will be billed at cost plus ten percent.
(Recommended Budget = $1,500)
The cumulative budget total is $99,500, and the total would not be.exceeded without first
obtaining your approval. Similarly, the recommended budget for each sub -task would
not be exceeded without first receiving approval in order to maintain budgetary control
throughout the process.
We greatly appreciate the opportunity to work on this project and look forward to the
opportunity to provide positive input to the project as it develops through the process.
Please call me (949/855 -5744) with any questions you may have regarding this proposal
or if you require further information.
Very truly yours,
/+e
Senior Eri ssoci ,.',-
Senior ssoctate
Attachment — 2009 Fee Schedule
Cc: Steve Badum.— City of Newport Beach
H:%pdata11 01 0 67 3 81Soope\S_Badum City Hall Transportatioin Support 4.08.09.doc
City Hat! Transportation Support— City of Newport Beach Page 3
Newport Beach, CA April 8, 2009
EXHIBIT B
SCHEDULE OF HOURLY RATES
OFFICE PERSONNEL$ / hr.
.Senior Principal.. .................................................... I ..........................
... ................. .... 250.00
Principal.............................................................. ...............................
.........................230.00
ProjectDirector .................. ...................... .......... ........ ........ ...............
...... ..... ...... ..... 210.00
SeniorProject Manager ...................................... ...............................
.........................198.00
ProjectManager .................................................. ...............................
.........................190.00
Structural Engineer ...........--.-- .......................... ..................__....._....-
......................190.00
TechnicalManager ............................................. ..........:....................
.........................177.00
SeniorEngineer .................................................. ...............................
.........................160.00
SeniorPlanner .................................................... ...............................
....:....................160.00
ElectricalEngineer .............................................. .......................:.......
.........................153.00
LandscapeArchitect ........................................... ...............................
.........................149.00
SeniorGIS Analyst .............................................. ...............................
.........................146.00
ProjectEngineer ................................................. .....................:.........
.........................144.00
ProjectPlanner ................................................... ...............................
.........................144.00
Environmental Specialist- ............... . .. : . ... .................... .... ..............
. .......... -- ... _135.00
Design Engineer /Senior Designer/ Mapper .......... ...............................
.........................132.00
GISAnalyst ............................................................ ...............................
'.......................119.00
Designer /Planner ................................................ ......:........................
.........................114.00
GraphicArtist ....................................................... ...............................
..........................97.00
Environmental Analyst/Staff Planner... - - . ........... ...............................
..........................97.00
DesignTechnician ...................:........................... ..............I................
..........................95.00
Assistant EngineerfPianner .................................. ...............................
..........................91.00
Engineering Aid/Planning Aid ..........:.................... ...............................
..........................73.00
FIELD PERSONNEL
2- Person Survey Crew ......................................... ...............................
.........................240.00
1- Person Survey Crew.. ........ .................... ..........................................
...................... 165.00
Licensed Surveyor .............................................. ...............................
.........................175.00
FieldSupervisor .................................................. ...............................
.........................170.00
CONSTRUCTION MANAGEMENT PERSONNEL
Construction Manager ......................................... ...............................
.........................180.00
Resident Engineer /Project Manager ................... ...............................
.........................151.00
Senior Construction Inspector ............................. ...............................
.........................119.00
Construction Inspector ........................................ ...............................
.........................115.00
FieldOffice Engineer .......................................... ...............................
.........................109.00
Construction Technician ..................................... .. ................................
............. .......... 95.00
OTHER SERVICES AND FEES
ProjectCoordinator ............................................. ...............................
.........................108.00
PermitProcessor ................................................. ...............................
..........................81.00
Clerical/Word Processing ... ....... _ ................... ... ... ...............................
..........6300
Consultation Relative to Legal Actions ................ ...............................
.........................350.00
Vehicle Mileage .................................. ...............................
.. . ........................0.60 /Mile