HomeMy WebLinkAbout- - Harbor Adams Design Award Attachment 1 - 11/16/2010ATTACHMENT 1
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THIS AGREEMENT is made and entered into this 16th day of November, 2010
("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation
("City"), and CNC Engineering, a California corporation ("Consultant").
A. WHEREAS, City proposes to have Consultant provide engineering and right of way
services as described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in
the City's Request for Proposal ("RFP") attached hereto as Exhibit "A," and Consultant's
Response to City's RFP (the "Response"). A copy of said Response is attached hereto as
Exhibit `B" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect
its performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant's performance of this Agreement.
1.3. Warrantv. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
1.5 Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's compensation shall in no case exceed Two Hundred Twenty Four Thousand Nine
Hundred Seven Dollars ($224,907.00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Response unless the City or the Project
Manager for this Project, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for
approval on a progress basis, but no more often than monthly. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction. City
shall pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. Each invoice shall describe in detail, the services performed and the associated time for
completion. Any additional services approved and performed pursuant to this Agreement shall
be designated as "Additional Services" and shall identify the number of the authorized change
order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
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3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of Three years and two months, ending on December 31, 2013, unless previously
terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated as to the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
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6.XI�VRAUR OUN
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this_Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non -owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving, subrogation rights under its workers'
compensation insurance policy against the City and to require each of its
subcontractors, if any, to do likewise under their workers' compensation
insurance policies.
(d) Professional errors and omissions (`B&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain, said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) Other insurance: "Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the insurance provided by
this policy."
5.3 If any of such policies provide for a deductible or self-insured retention to provide
such coverage, the amount of such deductible or self-insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional insured
shall contain a provision which requires that no insured except the named insured can satisfy any
such deductible or self-insured retention.
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5.4. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.5. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of
City for purposes of this Agreement and may issue all consents, approvals, directives and
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
CNC Engineering
1 Corporate Park, Suite 101
Irvine, CA 92606
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
5 CNC Engineering
Tel: 949-863-0588
Fax: 949-863-0589
Attn: Sean Nazarie, P.E.
Tel: 714-754-5032
Fax: 714-754-5028
Attn: Raja Sethuraman
6.5. Drug-free Workplace Policy. Consultant shall provide adrug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"E" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governiniz : This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.9. Indemnification and Hold Harmless: Consultant shall protect, defend, indemnify
and hold harmless City and its elected and appointed officials, officers, and employees from any
and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or
death of any person or persons or damages of any nature including, but not by way of limitation,
all civil claims or workers' compensation claims arising out of or in any way connected with the
intentional or negligent acts, error or omissions of Consultant, its employees, agents or
subcontractors in the performance of this Agreement.
6.10. Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.11. Ownership of Documents: All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
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and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.12. Public Records Act Disclosure: Consultant has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer tapes, discs or
files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may
be subject to public disclosure as required by the California Public Records Act (California
Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those
documents or information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and of which Consultant informs City of such trade secret.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as a trade secret. The City shall not, in any way, be liable or responsible for the
disclosure of any trade secret including, without limitation, those records so marked if disclosure
is deemed to be required by law or by order of the Court.
6.13. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.14. Prohibited Employment: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.15. Order of Precedence: In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of the RFP or the Response, such
provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among
the terms and conditions of this Agreement and those of any such provision or provisions so
incorporated by reference, this Agreement shall govern over both the Response and the RFP and
the Response shall govern over the RFP.
6.16. Costs: Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
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6.17. No Third Party Beneficiary Rights: This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.18. Headings: Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.19. Construction: The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.20. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.21. Waiver: The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.22. Severability: If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party is materially
impaired, which determination as made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.23. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.24. Corporate Authority: The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Date:
Mayor of the City of Costa Mesa
CNC ENGINEERING
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
APPR VEDAS TO FORM:
Date:
Cit§ Attorney
APPROVED AS TO INSURANCE:
Risk Management
Date:
(� CNC Engineering
APPROVED AS TO CONTENT:
Project Manager
Date:
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CNC Engineering
July 28, 2010
CITY OF COSTA MESA
CALIFORNIA 92828-1200 P.O. BOX 1200
FROM THE OFFICE OF THE TRANSPORTATION SERVICES MANAGER
SUBJECT: REQUEST O. PROPOSALS
HARBOR BOULEVARD AND ADAMS
IMPROVEMENTS
Dear Consultant:
The City of Costa Mesa is requesting proposals for professional engineering services for
improvements at the intersection of Harbor Boulevard and Adams Avenue. The scope of
services is for right-of-way engineering and preparation of final civil design plans, specifications,
and estimates (PS&E).
Preliminary engineering to determine the preferred configuration of improvements for the
desired level of service was completed earlier this year and is discussed below.
BACKGROUND
Harbor Boulevard and Adams Avenue are designated on the Orange County Master Plan as
`Major' arterials, Smart Streets, and established as Congestion Management Program (CMP)
principal arterials. Both arterials are heavily traveled and serve as regional commuter links
between the County's central coastal- communities and the freeway system. The proposed
intersection improvement is established by the Santa Ana River Crossing (SARX) Study for the
Garfield Avenue and Gisler Avenue bridge, and the associated Memorandum of Understanding
(MOU) between OCTA, and the Cities of Fountain Valley, Huntington Beach, and Costa Mesa.
The SARX MOU recommended improvements for the Harbor Boulevard/Adams Avenue
intersection identifies the following measures:
> Addition of third eastbound left -turn lane
➢ Addition of third northbound left -turn lane
➢ Addition of northbound right -turn lane
A Addition of northbound near -side bus turn -out
➢ Converting the fourth southbound through lane to a combination
through and right lane
Preliminary engineering was completed earlier this year and an alternate set of improvements
was determined to achieve a satisfactory level of service. The improvements for the preferred
alternative are as follows:
77 FAIR DRIVE
PHONE: (714)754-5334 • TDD: (714)754-5244 - WWW.CI.cosfa-mesa.ca.us
9 Addition of third eastbound left -turn lane
9 Extend length of storage area for northbound left -turn lanes .
Addition of southbound right -tum lane
A Addition of northbound far -side bus turn -out
➢ Consolidation of southbound bus turn -outs
The technical report summarizing results, recommendations, and design plans (in AutoCAD) of
the preliminary engineering phase will be available to the selected Consultant at project kick-off.
The attached Exhibit `A' shows the final alignment of approved improvements.
Tasks completed during the preliminary engineering phase include the following:
m Topographic Survey & Field Condition Assessment
• Traffic Study and Alternative Alignment Analysis
® Technical Summary Report
a Precise Alignment Plan
Consultants can review the report prepared for Preliminary Engineering at City Hall by
appointment. The City will provide responses to any written clarification requests on the above
completed tasks received prior to August 20, 2010.
SCOPE OF SERVICES
The following description of work defines the general project requirements. Associated tasks
and provisions not specifically defined herein are requested to be addressed in the proposal and
undertaken within the proposed "Not to Exceed" contract fee. The Consultant shall have total
responsibility for the accuracy and completeness of all work and services.
Right -o -wneerin
The Consultant shall review right-of-way findings from preliminary engineering and determine
requirements, impacts, and costs for the preferred alternative. Right-of-way engineering services
shall include:
1. Obtain and review all existing right-of-way documentation of the project area, assessor maps,
building site plans, and parcel maps for each affected property.
2. Procure and review current litigation guarantees/title reports, development tract maps,
building plans, and associated property documentation for each affected property. Costs
incurred to procure this documentation shall be included in the contract fee.
3. Determine all easement locations including utilities, existing easement facilities, and
disposition of affected facilities and easements.
4, Identify square footage to be acquired and itemize project impacts resulting to each affected
prolerty.
5. Prepare itemized cost estimates for acquisitions per parcel, and estimate severance and/or
cost -to -cure damages (excludes formal appraisal services).
6. Perform calculations to establish precise right-of-way acquisition areas for each parcel to be
acquired. Review and verify traverse closures and area calculations for each parcel. Prepare
legal descriptions and acquisition maps for each parcel. The Consultant shall plot on
8-1/2" x 14" vellum acquisition maps per City standard layout. Maps shall be drawn in ink,
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by AutoCAD, or by other approved method. Process for City review and provide five (5)
copies for each parcel of the final legal description, deed, exhibits, and right-of-way map for
City execution.
Plans. Speci cations, & estimates
The preparation of final civil design plans, specifications and estimates, and utility coordination
shall conform to the ' most recent Manual on Uniform Traffic Control Devices (MUTCD),
Caltrans, and City standards. Plan and profile will be required for the existing and proposed
elevations. Plans shall be 1" = 20' scale horizontally and 1"=2' vertically on standard 22" x 34"
sheets. AutoCAD latest version shall be utilized, completed on.4 mil. erasable mylar per the City
standards. Plans are to be fully detailed to advertise and construct the project, including:
< Surveying
< Geotechnical analysis
< Traffic signal plans
< Landscaping and irrigation plans
< Street light design and electrical plans
< Bus turn -out design
< Center median design
< ADA improvement details
< Parking lot reconfiguration
< Hydrology
< Plan and profile drawings
< Curb, gutter & sidewalk
< Signing and striping plans
< Contract documents
< Special provisions
< Retaining and planter walls
< Processing and approvals
< Private lighting and sign relocations
Plot all physical features including to BCR, ECR, flow -lines, centerlines, angle points, top of
curb, handicap ramps, pavement striping, structures, trees, underground and surface utilities,
poles, fire hydrants, catch basins, signs, water valves, manholes, etc. Within all adjacent
private properties, define driveways, walkways, curbs, walls, AC and parking stall layouts,
buildings, planters and irrigation, signs, lighting, utilities and all other physical features.
Based on the topographic survey, establish exact centerline controls, street geometrics, and
right-of-way limits of project.
2. Prepare final intersection grid grades at 10' intervals for Harbor/Adams and adjacent
intersections and provide elevations at TC, FL, EG, EP, BCR, ECT, %a and %a curb return, at
1"=10' scale. Prepare final cross sections at 25' intervals, indicating vertical and horizontal
cross falls, elevations, analysis of super elevations/highway design speed calculations, and
join elevations and details to private property, etc., conforming to City standards. Cross
sections shall be submitted with the first plan check.
3. Utilities - Perform all necessary research to establish precise location of all utilities and
utility easements. Coordinate with all utility companies to determine the nature and location
of all possible relocations and associated costs. Comply with the City adopted "Utility
Coordination Procedures" attached. Determine where interfaces with existing facilities will
occur as a result of the construction of this project. Consult with affected utility companies
requiring relocations, and resolve any conflicts, keeping City staff informed in writing,
including the possibility of undergrounding utilities presently on poles along the project area.
Compile information in "Utility File" and submit to City.
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4. Potholing of existing utilities shall be performed by the Consultant to determine the exact
location and depth of utilities, and City storm drain and traffic signal conduit potentially
conflicting with the project. 12 potholes shall be included in the scope of services.
5. Geotechnicd Materials report - Obtain, analyze, and document geologic and engineering
data averaging five feet in depth for the project area (estimated 10 locations), and develop R -
value and pavement design recommendations. The Geotechnical report shall include:
® Review of readily available background materials, including published geologic maps
and literature, in-house information, and stereoscopic aerial photographs. Consultant
shall also review preliminary project plans, as -built project plans and specifications, log
of test boring sheets, and existing structure foundation reports, if available.
® Performance of a geotechnical site reconnaissance to observe the geotechnical conditions
along the proposed alignment.
® Providing borings at 10 locations determined by the Consultant and approved by the City.
Borings shall be a minimum of 6" wide and average 5' deep, with cores backfilled and
compacted at 95% with AC material immediately following work. Provide boring log and
maps showing dimensions of cores and horizontal distances from identifiable roadway
points.
® Establishing existing structural section, R -value, moisture content, expansiveness, caving
potential, water level, traffic indices and sand equivalency. Determine estimated range
and degree of soil contamination if encountered. The City will provide the average daily
traffic volume data.
• Preparation of a Geotechnical Report presenting the results of the data review and
findings, conclusions and recommendations relative to the geotechnical aspects of the
project's design and construction. Identify recommendations for treatment and tabulate
soil information in table format for existing and proposed conditions.
6. Prepare traffic signal and street light modification plans, and coordinate with Edison on
lighting design and service requirements.
7. Hydrologic/hydrauhc Report — Analyze hydrologic/hydraulic conditions, develop details
for standard longitudinal and cross fall drainage, and document findings and design
calculations. Define removals and replacement of corrugated metal pipe (CMP) and design
catch basin relocations, modifications and repairs as needed.
8. Define and document Water Pollution Control requirements.
9. Define new monuments or re -setting of existing monuments and provide detailed drawings
fully dimensioned for each.
10. Traffic control plans should be prepared to define the lane and detour closure approach to
minimize traffic and pedestrian impacts, and accommodate staged work requirements.
Lane closure requirements should follow City guidelines.
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11. Complete project contract documents and special provisions in a format consistent with
current City projects and guidelines. A sample of the construction proposal form and
contract agreement will be furnished to the Consultant by the City.
12. The Consultant will be requested to review and approve addenda and provide clarification
to plans and specifications. Consultant shall attend the pre -construction meeting, and shall
be available for consultation and assistance during construction of the- project to clarify or
explain items relating to the design. The Consultant shall also prepare final as -built plans
following construction.
13. For construction budgeting purposes, submit to the City preliminary construction estimates
with PS&E submittals at 70% and 90% completion, and any significant updates of the
estimates as design work progresses. Prepare final detailed construction quantity and cost
estimate. Plans and specifications shall be signed and stamped by the Consultant before
submitting.
14. Conduct a field walk-thru with the City during the first and second PS&E submittal.
15. Prepare and submit a Resident Engineers file containing at a minimum, final construction
quantities and cost estimates with background calculation work sheets; soil and hydrology
reports; survey data; Utility File; Right -of -Way File and all relative project information.
16. The selected Consultant shall include items not specified as necessary to achieve
completion and approval of the final design plans, specifications and estimates.
Quality Assuranee/Quality Control - Quality Control shall be consistently and thoroughly
applied throughout project development. Assigned QA/QC staff shall be technically well
qualified to conduct the appropriate level of oversight, and demonstrate a concerted and
sustained commitment to provide a high quality product. Concise written records shall be
maintained by the Consultant on all activities. Finns considering proposal submittals are
requested to have an in-house technical level of expertise to professionally address all aspects of
the project.
Project Design meetings shall be held twice a month. The Consultant shall be responsible for
preparing meeting agendas, minutes, and presentation materials. A Critical Path Method (CPM)
network, based on activities to support all project milestones and subtasks shall be prepared. The
information will be in the form of a bar chart and show a deliverables schedule and other
relevant data needed for the control of work, for City review of the work status and
accomplishments occurring each month. Monthly updates shall be furnished to the City Project
Manager.
Content ofProrrosal
It is requested that the following be submitted with your proposal:
1. Project Understanding - provide a brief review of the project and any suggestions you might
have to expedite the project or special concerns of which the City should be advised.
2. Work Plan — define the project approach, team assignments, and products.
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3. Schedule — provide a detailed schedule indicating stages of work and time frames.
4. An organization chart and staffing plan identifying personnel on this project, a brief resume
on each individual (two pages max per person) and recent projects on which they have
worked of similar type. Identify the project manager with a detailed resume, and the
individual authorized to negotiate the contract on behalf of the consulting firm.
5. A listing of similar street improvement projects that your firm has completed within the last
five years. Information should include a description of work, year completed, cost, and
agency/client name along with the agency contact person.
6. Comply with Professional Services Agreement requirements (see attached PSA).
7. Submittal of three (3) duplicate proposals.
Fee Schedule
The professional services contract will not be awarded based upon competitive bidding, and it is
desired that fees be submitted separately. The fee schedule should show the hourly cost of
personnel per task under each phase, with a total not -to -exceed amount for the project. The
Consultant's cost proposal for the prime and subcontractors should contain a breakdown of all
cost components including labor base rate, other direct costs, overhead, and fees. It is requested
that the fee, including all meetings, reproduction, materials, mailings, and associated project
expenses be itemized under the following phases:
Right-of-way engineering and legal descriptions $
Final PS&E $
NOTE: All originals of plans, field notes, data and calculations, correspondence, reports,
electronic files, etc., will be turned over to the City upon completion of design. Ten
percent (10%) of the total contract fee will be withheld until the final PS&E, Resident
Engineers File, and all project documents are submitted in acceptable form to the City.
Contract Chg es
Any change in the scope of work resulting in a contract increase or decrease in fee shall be
approved by the City in writing prior to commencement of actual change in work. No fee
adjustment will be allowed unless said prior approval is authorized exclusively in writing by the
City, without exception.
Right to Refect all ftoposals
The City of Costa Mesa reserves the right to reject any or all proposals submitted, and no
representation is made hereby that any contract will be awarded pursuant to this request for
proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of
additional information, and/or in any other aspect of a proposal prior to the award of a written
contract will be borne by respondent. The City will provide only the staff assistance and
documentation specifically referred to herein and will not be responsible for any other cost or
obligation of any kind that may be incurred by a respondent. All proposals submitted to the City
of Costa Mesa in response to this request for proposals shall become the property of the City.
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Enclosed is the City of Costa Mesa professional services standard agreement and sample
certificate of insurance for reference in preparing the proposal. The minimum insurance and
endorsement requirements are stated within the enclosed documents. Should your firm be
interested in submitting a proposal for this project, please forward to the City of Costa Mesa,
Transportation Services Division, 4c' floor City Hall, on or before 5:00 p.m. August 30, 2010.
If additional information is required, please contact David Cho, Assistant Engineer, at (714) 754-
5017, or email at: dcho@ci.costa mesa.ca us.
Sincerely,
Raja Sethuraman,
Transportation Services Manager
Attachments: 1 - Exhibit "A" — Final Alignment Plan
2 - City Standard Agreement and Certificate of Insurance Forms
c: Peter Naghavi, Director, Department of Public Services
Ernesto Munoz, City Engineer
David Cho, Assistant Engineer
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