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HomeMy WebLinkAbout- - Harbor Adams Design Award Attachment 1 - 11/16/2010ATTACHMENT 1 t, 30" to 104 04 , 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. 2 CNC Engineering 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. 3 CNC Engineering 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. 4 CNC Engineering 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 6 CNC Engineering 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. 7 CNC Engineering 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. H 8 CNC Engineering 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: 10 CNC Engineering 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, 2 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. 3 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. 0 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. 5 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. 6 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 � III I I - - III I I o -----r 11' Ill?11 11 21 t.,ONO= ,,. CSA � ' A �lJ� �. _� - ---= ' p- - ---- - - --- --- - f � -- 850.00 32 00i' 54PO An kur- -77 100+00.00 H OR wo wrxw It, will -11a 6'0 I 4 Q ( O QQLOR LEGENQ �y�J -- - �_ EXISTING BUILDING I I I (I- ` 111 W EXISTING R/W OR PA ! i I I i m - - - - - - PROPOSED R/W PROPOSED CURB LINEPROPOSED R/W TAKE I AREA (SEE PROPERTY HARBOR BOULEVARD IMPACT TABLE HEREON) 1*114 111 H p I D 11 CNC Engineering