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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 +w.in,mwwrvo-mmd,.mmmu,.w wApw u.�Mmex J 41112010 4/1/2010 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 x�nn�o�mwroe .+wnmmmaw...rmeae..,�a.mrc e.�na�e: l 411/2010 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. �wanw�orwmnw .wa�a�...ae..�pw.m„e,.exo,.a.� 4 4/112010 4/i /2010 ft w JN: 10- 107047 001 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 1&2015 IR JN: 10- 107047.001 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 . a..,., ��., �,..,..a,.�- ...,,...,.�._..e,.. 1 W1,2 s • 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 w. e„ o, amn�... .......��..w...�.,.....n.ve..,. 6 8QW009 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 8/2112009 r . n JN: 10- 107047.999 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 812112009 fZBF JN: 10- 107047.99047.999 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 M FA RW .....wrax --- .... 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, 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,. 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. 4 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. 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 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 M 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). 7 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. L-1 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. E 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 10 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 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: 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.: 0 M 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 14 m x x awl- �J � o 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