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13-1105_HDR ENGINEEING, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this ":-:>1 hday of ['iC\JtxYlY2£V 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and HDR Engineering, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to Prepare Plans, Specifications, and Cost Estimates (PS&E) for the Ortega Highway (SR-7 4) "City-Segment" Widening Project from Calle Entradero to East City limits (CIP 14107); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A", exclusive of Items/Tasks #1, #2, and #4, attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2015. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $911,013 as set forth in Exhibit "B," exclusive of Items/Tasks #1, #2, and #4, attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. · 1 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or 3 employees. This hold harmless agreement shall apply to all 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 Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1 ,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form 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. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1 ,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional 4 insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1 ,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (1 0) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive .any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten ( 1 0) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten ( 1 0) day cure period. 5 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: To Consultant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. HDR Engineering, Inc. 3230 El Camino Real, Suite 200 Irvine, CA 92602 Attn: Camilo Rocha, P.E Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same affect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 7 Final Design and Environmental Approval Services for Ortega Highway Widening October 21, 2013 Mr. Khoon Tan, PE Senior Civil Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 EXHIBIT "A" Subject: Scope of Work and Fee Proposal for Final Design and Environmental Approval Services for the SR 74 (Ortega Highway) Widening Project in the City of San Juan Capsitrano Dear Mr. Tan: HDR Engineering, Inc., (HDR) is proud to present this proposal to the City of San Juan Capistrano (City), to undertake the consultant responsibilities to complete the PS&E and EIR Revalidation for the SR 74 (Ortega Highway) Widening Project from Calle Entradero to the eastern City limits. The City of San Juan Capistrano proposes to widen SR-74 (Ortega Highway) between Calle Entradero to the easterly City/County line from its existing two- lane configuration to four lanes with shoulders and a median. This Project was originally included within the widening project that HDR recently completed between the City of San Juan Capistrano/Orange County line to east of La Pata Avenue/Antonio Parkway. However, due to legal actions, the City segment was CONTACT INFORMATION: Project Manager Marc Cooley, PE Marc.Cooley@hdrinc.com Principal-in-Charge Camilo Rocha, PE Camilo.Rocha@hdrinc.com 3230 El Camino Real, Suite 200 Irvine, CA 92602 Phone{714)730-23go Fax £714) 73o-z30r';, ''>' ,.p;·,. ; .. ~ .'-·,, removed from the original project. The improvements proposed are to complete the City segment of the original project, incorporate mitigation measures resulting from the legal action settlement, and eliminate the existing bottleneck along SR-74 between I-5/SR 74 Interchange and the City limits. The existing Interstate 5 (I- 5)/SR-74 Interchange is currently being upgraded to increase its capacity and improve operation. This Project will remove the existing bottleneck, improve mobility, and help SR-74 continue to serve as a vital link between Orange and Riverside Counties and the primary artery between the new Rancho Mission Viejo Developments and Interstate 5. The sincerity and solidity of our claim of being the visionary and technically competent consultant of choice is supported by more than 90 years of delivering superior engineering and architecture services in both large and small projects evidenced by peer reviews, industry recognitions and rankings, and satisfied local clients such as the County of Orange, Orange County Transportation Authority, City of Los Angeles, County of Los Angeles, Caltrans and others. For our Project team, we have assembled experienced professionals including former Caltrans engineers and managers possessing the technical and managerial expertise necessary for successful completion of this Project. Marc Cooley, PE, with proven technical leadership and successful delivery record in similar street improvement and interchange projects will be the HDR Project Manager. Marc Cooley has over 22 years of experience and has an extensive background in the design, management, and delivery of large highway improvement projects for local agencies. Marc is a "hands on" project manager who understands what it takes, from both a technical and procedural standpoint, to deliver a Caltrans PS&E package. Camilo Rocha, PE, will be EXHIBIT A Final Design and Environmental Approval Services for Ortega Highway Widening the HDR Principal in Charge and will provide organizational support and resources. He will utilize 25 combined years of experience in Caltrans Project Development, Environmental Planning and Engineering, Permits and Construction to assist Marc to successfully develop and complete this Project. Our team members, individually and collectively, have intimate knowledge of this project and its environment, the requirements for approval and implementation of the project, the utilities impacted and their approval processes, and the right-of-way impacts and required mitigations. We have studied all available documents, visited the project site, and are ready to start the Project. We are ready to complete the City Segment of the SR 74 (Ortega Widening) Project, remove the existing bottleneck and improve mobility through the SR 74 Corridor. Our Project Manager, Marc Cooley, is available at (714) 368-5646 or Marc.Cooley@hdrinc.com to discuss the details of our plan of action with you and respond to your questions. Thank you for considering our team for this exciting opportunity. We look forward to meeting with you and to answering any questions that you may have regarding the HDR team, our qualifications, and experience. Sincerely, HDR Engineering, Inc. Thomas T. Kim, PE Senior Vice President/Southern California Transportation Manager Final Design and Environmental Approval Services for Ortega Highway Widening Introduction and Background Draft Scope of Services October 21, 2013 The City of San Juan Capistrano proposes to widen SR-74 (Ortega Highway) between Calle Entradero to the easterly City limits from its existing two-lane configuration to four lanes with shoulders and a median. SR-74 will continue to serve as a vital link between Orange and Riverside Counties and will be the primary artery between the new Rancho Mission Viejo development along SR-74 and Interstate 5. The existing SR-74 interchange at Interstate 5 is currently being upgraded to increase its capacity and improve operation. The portion of SR-74 between the City limits and Antonio Parkway {upper Ortega) has already been upgraded to a four lane facility with a median. The improvements proposed as part of this project will eliminate the existing bottleneck along SR-74 between 1-5 and Antonio Parkway. In 2006, Rancho Mission Viejo (RMV) contracted with HDR engineering to complete the design and prepare construction bid documents for the widening SR-74 between Calle Entradero to just east of Antonio Parkway to support their planned residential development. However, the design work was placed on hold due to a lawsuit that was filed by the residents of the Hunt Club residential development against the City and Caltrans for the portion of the project within City limits (Lower Ortega). RMV decided to move forward with the design and construction of the Upper Ortega segment, with HDR preparing the bid package. Construction of this segment was completed in 2011. Meanwhile, Caltrans prepared a Project Report and EIR for the segment within City limits, both of which were approved in 2009. Based on the lawsuit settlement agreement, the following project features were added to the project to mitigate traffic, noise, and visual impacts to the community: • Install traffic signal at SR-74/Hunt Club Drive intersection • The Hunt Club guardhouse and all associated facilities shall be relocated to create space for queuing vehicles entering the community from SR-74 • Existing meandering sidewalk located along the north side of SR-74 fronting the Hunt Club development shall be replaced in kind to the extent possible • Additional landscape enhancements are to be included along the north side of SR-74 within the segment fronting the Hunt Club development. • Rubberized asphalt concrete along the project's roadway footprint. These additional design features will be incorporated into the construction bid package. The City has since secured funding from both OCTA and Rancho Mission Viejo to finish final design and complete the construction bid package (PS&E) for the segment within City limits. Work on the construction bid package had been advanced to approximately a 50%-65% level of design completion depending on the specific disciplines. The following scope of work is for the completion of this construction bid package and includes a revalidation of the EIR (CEQA) approved in 2009. This PS&E package will be completed in accordance with current Caltrans Page 1 Final Design and Environmental Approval Services for Ortega Highway Widening requirements and guidelines, and it is assumed that the construction contract for these improvements will be advertised, awarded, and administered by the City of San Juan Capistrano. The following scope of work is structured according to the following 8 major tasks: 1. Project Management, Coordination and Administration 2. Supplemental Surveys and Utility Coordination 3. Prepare Project Plans (Nonstructural) 4. Prepare Project Specifications (Nonstructural) 5. Prepare Engineer's Estimate (Nonstructural) 6. Prepare Structural PS&E for Special Design Retaining Walls 7. Prepare Supporting Reports and Documentation 8. Prepare Construction File At the direct ion of the City, the following scope of work does not include any bid or construction phase support services. The in-progress plans developed and put on hold in 2008 will serve as the basis for the completion of the PS&E package as part of this current contract. In addition to HDR the following subconsultants are proposed to provide support services as identified below: • Huitt Zollars: Surveys and mapping • GMU Geotechnical: Geotechnical reports • LSA: Supplemental noise studies As a condition of their development, Rancho Mission Viejo Development Corporation is contributing $450,000 towards the design services included as part of this scope of work. This work will be administered through a separate contract with RMV and will include all work covered under Tasks 1, 2, and 4 as described below. Invoices to the City will be prepared to clearly distinguish the amount being separately invoiced to RMV for these tasks. Scope of Work 1. Project Management, Coordination and Administration This task involves all work related to managing the project on behalf of HDR, including the preparation of the required project initiation documentation, conducting internal and external meetings and coordination, and the preparation of monthly invoices and progress reports. Hours for Tasks 1.2 and 1.3 are based on an assumed 12 month project schedule. 1.1 Prepare Project Guide HDR's Project Manager will prepare a Project Guide for this contract, which will outline the following information related to the work: • • • • Scope of work and schedule for task order Project team and client contact information Communication Plan Invoicing requirements and templates Page 2 Final Design and Environmental Approval Services for Ortega Highway Widening • Project team roles and responsibilities • Document control procedures • quality assurance/control procedures Included with the Project Guide will be a CPM baseline project schedule, which will be prepared using Microsoft Project and presented in Gantt chart format. The format will identify the anticipated start/end dates and durations for each task identified within the scope of work and will identify the critical path. This document will be distributed to all project team members, the City, and Caltrans and will act as a living document throughout the life of the contract. It will be updated as necessary to reflect any changes in protocol or other information included and redistributed. 1.2 Meetings and Coordination HDR will facilitate all necessary coordination with the City and Caltrans, and other stakeholders to complete the PS&E. This will include the following meetings: • Monthly coordination meetings with City staff to review and discuss technical issues, the project schedule, and financial matters. • Monthly PDT meetings with Caltrans District 12 staff to review the project status and discuss the need for technical focused meetings with select functional units. • Technical focused meeting with Caltrans functional unit staff to discuss and resolve technical issues related to the project design (12 assumed). • Additional ad-hoc meetings with other project stakeholders to discuss and resolve technical issues related to the project design and right of way needs (12 assumed). • Internal project team meetings will be held on a weekly basis throughout final design to facilitate interdisciplinary coordination and ensure all disciplines are making progress according to the project schedule. The number of meetings identified above will be based upon an 12 month final design schedule. 1.3 Progress Reports and Invoices Invoices will be generated on a monthly basis in accordance with the City of San Juan Capistrano invoicing guidelines. Progress reports will be generated to accompany each invoice, which will include the following information: • Work completed over the reporting period by task • Work to be completed over the upcoming reporting period by task • Progress schedule which will compare the status of each activity against the baseline • Identification of issues or concerns related to the schedule or budget. Task l Deliverables • Project Guide and updates as necessary • Baseline project schedule updated monthly status schedules • Meeting agendas, summaries, and presentation materials as appropriate Page 3 Final Design and Environmental Approval Services for Ortega Highway Widening • Monthly invoices and progress reports 2. Supplemental Surveys and Utility Coordination This task includes the identification of any changed conditions within the project limits that would warrant obtaining supplemental survey information and conducting the necessary survey work. It also involves work related to updating existing utility mapping (if necessary), the identification of conflicts with privately owned utilities, and the coordination with the impacted owners to develop relocation strategies and timelines for construction. 2.1 Supplemental Surveys Aerial Topographic Mapping: Aerial mapping was obtained for this project in 2006 based on NVGD29 vertical datum. Current Caltrans design criteria calls for the mapping to be generated based on NAVD88 datum, which has a differential of approximately 2.3 feet from NGVD29 datum. Based on this fact and the fact that this mapping is now approximately 7 years old, Huitt-Zollars (HZ) feels it is important to re-map the roadway based on the NAVD88 datum. Our scope of work for this includes the following: A. HZ will establish ground control based on County of Orange bench marks using the NAVD88 vertical datum for vertical control. For horizontal control, HZ will utilize the California Coordinate System (CCS83), Zone VI, 1983 North American Datum, 1991.35 Epoch Adjustment. Mapping will be obtained on this grid system and not adjusted to a "ground system". In doing so, over the approximate one mile of roadway design, the difference is 0.27 +I-feet. We are considering this as imperceptible for the project and the design of the roadway. B. HZ will include our sub-consultant (Digital Mapping Inc.,-DMI) to obtain the aerial mapping photography, and to compile the mapping at 1"=50' scale in accordance with Caltrans mapping standards. The mapping will be approximately 600 feet wide, 300 feet each side of the roadway and extend from just west of Calle Entradero to 500 feet east of the City boundary. C. Along with the mapping, HZ will obtain from our mapping sub-consultant, a color digital orthophoto of the project at 6" pixel resolution. D. HZ will utilize the shots obtained below under "Supplemental Topographic Mapping" to verify mapping accuracy for the product delivered to us from DMI. Supplemental Topographic Mapping: Due to the elapsed time since the original mapping was developed, HZ recommends obtaining supplemental topo to make certain existing conditions are represented accurately. This supplemental topo will consist of the following: A. Perform cross sections of the existing roadway from top of curb (or edge of pavement) to top of curb (or edge of pavement) on an approximate SO' interval. We feel strongly that this should be done since we are not aware of whether or not there has been any resurfacing in the last 7 years. If there has been no resurfacing, it will validate existing conditions. B. 60 hours of additional field time is being included to conduct any additional supplemental surveys at locations where the existing condition has changed relative to 2006 or additional information is Page4 Final Design and Environmental Approval Services for Ortega Highway Widening necessary to complete the design work. HZ is providing a budget amount for this item, based upon 60 hours of field time, utilizing a three person survey crew, 40 hours of office time for a Project Surveyor to plot the information and 16 hours for the survey manager. 2.2 Utility Research and Coordination HDR will conduct a field review of the project limits to compare observed existing utility facilities and above ground appurtenances against the current existing utilities mapping. Any new facilities observed in the field will be noted on the plans and the owner will be identified. HDR will prepare notification letters to all utility owners with facilities within the project limits to notify them of the reactivation of the project, identify the facilities currently identified within the project limits that fall under their ownership, discuss the final design schedule, and request that they verify the location of their facilities as shown on the current existing utilities plans. Additional facilities mapping received from utility owners in response to the notification letters will be cross checked against the existing utilities composite. The composite will be updated if necessary to reflect any newly constructed facilities. Once the existing utilities composite has been updated to reflect the current existing condition, facilities in conflict with the proposed improvements will be identified. Owners with utility conflicts will be notified via letter; exhibits clearly identifying the conflicts to each owner's facilities will accompany each letter. If any newly added facilities appear to be in conflict with the proposed construction, potholing may be recommended to confirm the exact location of selected facilities. This work is excluded from HDR's fee proposal. In conjunction with the existing utilities composite, a Utility Matrix will be prepared that will include the following information: • Utility ownership, type, location, and depth • Ownership rights, easements, and franchise agreements • High or low risk determinations • Disposition of each utility • Utility conflicts • Removal and relocation requirements (lengths and limits) • Estimated relocation costs • Reconstruction and adjustments of manholes, hand holes, vaults, and other surface appurtenances The Utility Matrix will also track the progress and schedule of each impacted utility, including all correspondence with each owner in order to have the utilities relocated prior to the start of the roadway construction. Any relocation plans prepared by owners will be obtained and included in the contract bid documents for reference. Any utility owner with an impacted facility that must be relocated prior to or during construction will be issued a "Notice to Relocate" in accordance with City and Caltrans requirements. Page 5 Final Design and Environmental Approval Services for Ortega Highway Widening HDR will conduct face to face meetings with the individual impacted utility owners at the following milestones to facilitate the development of mitigation strategies by the owners: • After the conflict notification letters are sent out, HDR will work with the impacted owners to schedule one on one meeting to review and discuss the nature of the impact. At these meetings, HDR will work with the owners at the meetings to establish a reasonable timeline for the development of a mitigation strategy. • HDR will meet with the impacted owners after they have developed an initial mitigation strategy. At this meeting, a timeline for the completion of the detailed plans will be established that ties into the submittal date for the Right of Way Certification package. • HDR will conduct status meetings or conference calls with the impacted owners to track the status of their design work to help ensure that their deadlines for completion are being met. HDR will prepare/compile the necessary utility relocation information to be included in the Right of Way Certification Package submitted to Caltrans for approval prior to the issuance of an encroachment permit for construction. Task 2 Deliverables • Supplemental field survey data and updated topographic mapping • Utility notification letters (initial letters and conflict identification letters) • Updated existing utilities composite and utility matrix • Meeting agendas, summaries, and presentation materials 3. Prepare Roadway Plans This task involves the completion of plans for all elements of the proposed roadway improvements except for the nonstandard retaining walls, which are covered under Task 6. All plans will be prepared in accordance with the requirements set forth in the most current versions of the Caltrans Plans Preparation and CADD Manuals and the PS&E Guide. The plans prepared in 2008 (prior to the project being put on hold and the designs therein) will be utilized as the basis for reinitiating the design development and plan preparation. The current roadway designs will be reviewed for conformity with current 2010 Caltrans Design Standards, the recently issued DIB 82- 95 for pedestrian facilities, and other applicable current agency standards. Milestone submittals to both Caltrans and the City will be made at the 65%, 95%, and 100% design phases. Subtasks will be assigned under Task 3 for the individual plan preparation for the following disciplines: General and Roadway/Civil Plans These plans will include the title sheet, key map, typical sections, layouts, profiles/superelevations, removals, additional construction details, contour grading, and summary of quantities. Drainage Plans These plans will include drainage layouts, profiles, details as needed, and summary of quantities. Water Pollution Control and Erosion Control Plans These Water Pollution Control Plans will include layouts depicting proposed temporary construction area BMP's by stage, while the Erosion Control Plans will depict BMP's installed after construction is complete. Page 6 Final Design and Environmental Approval Services for Ortega Highway Widening Utility Plans These plans will include layout depicting the existing and proposed locations of both underground and overhead utility facilities within the project limits. Detail sheets will be included as necessary to clearly depict relocation strategies. Construction Staging, Traffic Handling, and Detour Plans These plans will include construction area sign layouts, stage construction layouts, traffic handling layouts and cross sections for each stage identified, and detour layouts for each stage. Pavement Delineation Plans These plans will include layouts depicting the proposed roadway striping and pavement markings. Sign Plans These plans will include sign layouts, details, and quantity summaries. Prepare Lighting, Signal, and Electrical Plans These plans will include street lighting & sign illumination layouts. A traffic signal plan will be prepared for the proposed signal at the intersection of SR-74 and Hunt Club Drive. Standard Retaining Wall Plans (if needed) These plans will include the designs for any standard Caltrans retaining walls per the 2010 Standard Plans. No standard retaining walls are included in the current progress plans completed in 2009. Planting & Irrigation Plans These plans will include a plant list, planting layouts, irrigation removal plans, irrigation layouts, and a sprinkler schedule. Upon receipt of agency review comments after each milestone submittal, HDR will generate responses to comments utilizing a standard comment-response matrix. The draft responses will be submitted to the reviewers for review, and workshops will be scheduled with each reviewer to review HDR's responses and reach a consensus on the nature of the revisions needed to address each comment. Task 3 Deliverables • 65%, 95%, 100%, and Final Plan Set • Response to comment matrices • Standards review results table 4. Prepare Roadway Specifications HDR will prepare technical specifications as needed for the roadway items to supplement the 2010 Caltrans Standard Specifications. Milestone submittals to both Caltrans and the City will be made in conjunction with the project plans at the 65%, 95%, and 100% design phases. It is assumed that HDR will be responsible for the preparation of technical specifications only. The remainder of the project specification package will be the responsibility of the City. The 65% submittal will include unedited Standard Special Provisions to the 2010 Page 7 Final Design and Environmental Approval Services for Ortega Highway Widening Standard Specifications only, while the following submittals will include edited Standard Special Provisions and any Nonstandard Special Provisions that may be required. It is assumed that the City will be advertising, awarding, and administering the construction contract and thus will be dictating the format of the project specifications. Technical specifications will be formatted to match that of the overall specification package but will written to reference the 2010 Caltrans Standard Specifications and provide the necessary Special Provisions as needed. Upon receipt of agency review comments after each milestone submittal, HDR will generate responses to comments utilizing a standard comment-response matrix. The draft responses will be submitted to the reviewers for review, and workshops will be scheduled with each reviewer to review HDR's responses and reach a consensus on the nature of the revisions needed to address each comment. Task 4 Deliverables • 65%, 95%, 100%, and Final Technical Specifications • Response to comment matrices 5. Prepare Engineer's Estimate for Construction HDR will develop an Engineer's Estimate of the estimated construction cost and include with all milestone submittals. The estimate will be prepared using either a standard costing template provided by the City, or one can be developed by HDR. If one is prepared by HDR, it will be submitted to the City for review and approval prior to developing the estimate. A separate cost estimate for the nonstandard retaining walls will be prepared as part of Task 6, which will be incorporated into the master estimate prepared as part of this task. The estimate will be based upon the pay items and quantities identified within the project plans. The cost estimate will list all pay items and their associated unit cost to calculate a total cost for each. Unit costs will be obtained from available resources including recent bid data on similar project, and from the 2012 Caltrans Cost Database. Task 5 Deliverables • 65%, 95%, 100%, and Final Engineer's Estimates 6. Prepare Structures PS&E This task involves the completion of plans for all nonstandard retaining walls and sound walls included as part of the project design. The current design as of 2008 includes five nonstandard retaining walls and three sound walls for which plans were prepared. In addition, a foundation plan and details will be needed for the relocated guard shack at the Hunt Club Drive intersection per the lawsuit settlement agreement. All submittals will be processed through Caltrans Office of Specially Funded Projects (OSFP), and all deliverables for structures within State right of way will be prepared in accordance with the latest edition of he OSFP Information and Procedures Guide. Unchecked and Checked Structures Submittals to OSFP are assumed as part of this scope of work per OSFP guidelines. Type Selection Approval for the nonstandard walls was obtained by Caltrans as part of an earlier project phase. 6.1 65% Structures Unchecked Details Submittal Page 8 Final Design and Environmental Approval Services for Ortega Highway Widening The current wall plans will be reviewed and compared against the most current Caltrans structural design standards and seismic design criteria to determine if any design changes are needed to comply with current requirements. If any are identified, they will be tabulated and presented to the City and Caltrans for review and concurrence. These findings will be documented within a technical memorandum that will be submitted to Caltrans and the City for review and concurrence. Once concurrence is obtained, the designs will be modified accordingly and advanced to a 65% level of design completion in preparation for the Structures Unchecked Details Submittal to Caltrans Structures. A copy of the Draft Foundation Report will be included with the plans as part of this submittal. No special provisions will be included as part of this submittal in accordance with OSFP guidelines. 6.2 Structures PS&E The structures PS&E package will be submitted in a series of three milestone submittals to OSFP staff in accordance procedures; which include an initial (90%), intermediate (100%), and final submittal. HDR will prepare all structural design calculations, independent check structural calculations, plans, specifications, and estimate in accordance with the latest edition of the OSFP Information and Procedures Guide. The retaining and sound walls will be designed in accordance with the applicable provisions of the most current versions of the following Caltrans manuals: • AASHTO LRFD Bridge Design Specifications • Caltrans Bridge Memos to Designers • Caltrans Bridge Design Aids A complete bound set of the structural design calculations will be packaged and submitted to Caltrans OSFP for review as required in the OSFP Information and Procedures Guide with each Structures PS&E Submittal. Wall designs will be independently checked by a California registered civil engineer experienced in retaining wall design in accordance with the applicable Caltrans manuals. The independent check calculations will include all analysis and computations that are necessary to independently check all aspects of the design shown on the draft structure plans. Results from the independent check calculations will be compared with the design, and any discrepancies will be resolved between the designer and checker and the resolutions documented in the calculations. A complete bound set of the independent check structural design calculations will be packaged and submitted to Caltrans OSFP for review as required in the OSFP Information and Procedures Guide with each Structures PS&E submittal. Plans HDR will prepare the structures plan in conformance with the detailing and formatting standards contained within the Caltrans Plans Preparation Manual and the Bridge Design Details Manual. The plans will be prepared using the most current Caltrans standards, including the most current Caltrans-formatted border sheets, Standard Detail Sheets (XS sheets), and Standard Plans. HDR will submit reduced size paper plans except as part of the final submittal when a full size set of structure plans is required for the OSFP Liaison Engineer to sign for approval. Page 9 Final Design and Environmental Approval Services for Ortega Highway Widening Specifications HDR will prepare the Structures Special Provisions in accordance with the Caltrans Ready to List and Construction Contract Award Guide. The Structures Special Provisions will be consist of the most current versions of the Caltrans Standard Special Provisions (SSP's) edited to suit the specific requirements of the project. The SSP's will include a thorough description and the method of measurement and payment for each bid item. Estimate Upon completion and resolution of the independent check structural design calculations, HDR will prepare structure quantity calculations and engineer's estimate of the structures cost and submit the engineer's estimate as part of the PS&E package at each milestone submittal. Preparation of these documents will conform to the requirements on the Bridge Design Aids Manual and Ready-to-List and Construction Contract Award Guide (RTL Guide). Task 6 Deliverables • Design standards conformation technical memorandum • Structural design calculations • Independent check structural design calculations • Structures plans (65%, initial, intermediate, and final submittals) • Structures Special Provisions (initial, intermediate, and final submittals) • Structures quantity calculations and engineer's estimate 7. Prepare Supporting Reports and Documentation This task involves the preparation of reports and additional supporting documentation needed to facilitate design and approval of the PS&E package by Cal trans. Included as part of this task is the revalidation of the Final project EIR prepared by Caltrans and approved in 2009. 7.1 Drainage and Storm Water Reports Hydrology and Drainage Report HDR will perform a hydrology study of the project under pre-and post-project conditions. The study will delineate watersheds for project areas tributary to the project limits along SR-74 and will compute flow rates to existing and proposed on-site storm drain inlets. The hydrology study will consist of Rational Method analysis performed in accordance with the Orange County Hydrology Manual. On-site drains collecting runoff from at-grade areas will be analyzed for a 25-year return frequency storm event. HDR will prepare a hydrology and drainage report to present a narrative of the hydrologic and hydraulic assumptions, analyses, and designs required for the proposed improvements. The design report will include summary tables of pre-and post-project condition hydrologic and hydraulic analyses of sub-catchments and storm water conveyances along SR-74. The report will present the design flow rates, proposed inlet geometries, and hydraulic grade lines. The engineering calculations relevant to the hydrologic analysis and hydraulic design of the proposed drainage improvements and a set of 65% drainage improvement plans will Page 10 Final Design and Environmental Approval Services for Ortega Highway Widening be included in the report appendices. The design of any facilities within the Caltrans right of way will be conducted in accordance with the Caltrans standards as defined in Chapter 830 of the Highway Design Manual. Improvements within City right of way will be designed to City standards, as defined by the Orange County Local Drainage Manual and subsequent City modifications. In the event of a conflict between the two standards, the more conservative will be applied and noted within the design calculations. Storm Water Data Report HDR will prepare a water quality evaluation in accordance with the most current edition of the Caltrans Storm Water Quality Handbook, Regional Water Quality Control Board (RWQCB}, and City criteria for project areas within State right of way. The water quality evaluation will be used to identify interim construction period and permanent water quality Best Management Practices (BMP's) required for compliance with the National Pollution Discharge Elimination System (NPDES). Selection of BMP's will be based upon the recommendations of the Storm Water Data Report, treatment effectiveness, cost and right of way considerations, ease of maintenance, and other relevant factors. Construction period BMP's will be identified on project plans at sufficient detail to provide for quantity and cost estimates. Permanent post construction BMP's will be incorporated into the project design to demonstrate their viability and compatibility with other project features. A discussion of permanent post-construction BMP's will be included in the SWDR in accordance with Caltrans criteria that will define water quality design issues, erosion control, and BMP measures. The SWDR will demonstrate compliance with RWQCB requirements, will include construction cost estimates, and will describe maintenance requirements of the facilities. The SWDR will consider and provide recommendations for BMP implementation during construction activities. BMP's will be specified to safeguard water quality due to construction site runoff. BMP recommendations will conform to the latest edition of the Caltrans Storm Water Quality Handbook, Construction Site BMP Manual. The construction phase BMP's will be depicted on project plans and will constitute the Storm Water Pollution Prevention Plan for construction in areas within State right of way. A draft of the PS&E SWDR will be submitted as part of the 65% milestone submittal. Any comments received as part of the agency review of the draft document will be addressed during the 95% design phase. The report will be revised to address the comments, and the final version will be submitted as part of the 95% milestone submittal. Water Quality Management Plan As required by the City, a project specific Water Quality Management Plan (WQMP) will be prepared in accordance with NPDES and San Diego Regional Water Quality Control Board criteria. The WQMP will identify BMP's for the management of storm water runoff water quality. While the WQMP will address areas outside of Caltrans right of way, the contents of the WQMP will integrate with the SWDR as prepared in accordance with Caltrans criteria in order to address all sources of runoff within the project area. 7.2 Geotechnical and Foundation Reports A geotechnical report was prepared for the project by GMU Geotechnical Inc. in 2007. This report provided all necessary design recommendations for grading, slopes, pavement structural sections, and wall foundations needed to complete the PS&E package. A draft report was submitted to Caltrans. Comments Page 11 Final Design and Environmental Approval Services for Ortega Highway Widening were provided, and the report was updated to include the responses to comments and to include the necessary document revisions to address the comments received. It is envisioned that as part of this upcoming phase, the report will need to be amended as necessary to comply with current seismic design requirements and other new applicable Caltrans standards and guidelines. The report will be updated as necessary by GMU and submitted to Caltrans for review and comment. GMU will prepare responses to comments and coordinate with Caltrans to reach a resolution to all comments received. The report will b updated as necessary to address the comments, and a final version will be submitted to Caltrans for approval. 7.3 Environmental Documentation and Permitting The project EIR prepared by Caltrans was approved in November, 2009. Since it's been over three years since the EIR was approved and the lawsuit settlement mitigation elements added, a revalidation of the document will be required. Assuming the project footprint/parameters do not change relative to what was assumed in the approved EIR, it is likely that Caltrans will only require the preparation of a Revalidation Form. It is assumed for this scope that HDR will be responsible for preparing the necessary revalidation documentation and obtaining Cal trans approval. This scope of work applies to the revalidation of the CEQA document only (Environmental Impact Report). 7.3.1 Project Description Update/Modification HDR environmental staff will coordinate with the engineering team to prepare an updated Project Description that reflects the updates to the project. This task will involve utilizing "Chapter 1 Proposed Project" from the currently certified EIR, and updating, if necessary, in strikeout/underline format any changes to the project as part of the current design efforts. If no changes to the project have occurred, this task will also demonstrate that fact, which is an important component of the revalidation criteria. 7.3.2 Review Certified EIR (Including Technical Studies) HDR environmental staff will conduct a detailed review of the certified EIR to determine whether any changes in the environmental setting or circumstances (e.g., new law or regulation), or project description (if applicable) would affect the existing environmental analysis within the EIR. 7.3.3 Prepare Exhibit 6-G NEPA/CEQA Revalidation Form (local Assistance Procedures Manual) HDR will prepare "Exhibit 6-G NEPA/CEQA Revalidation Form" from the Local Assistance Procedures Manual including "continuation sheets" as necessary to justify the revalidation of the previously certified EIR. We anticipate this work product to be reviewed once by City staff, with a round of revisions, and then submittal to Caltrans environmental staff for review/comment. For purposes of this scope of work, we anticipate one round of revisions based on Caltrans review/comment. 7.3.4 Update Noise Analysis LSA will prepare a written letter on behalf of the California Department of Transportation (Caltrans) to notify residences located at the Hunt Club of the noise study prior to the commencement of the work. LSA will also prepare a revised technical noise impact analysis addendum to revalidate the July 8, 2008 Final Technical Noise Impact Analysis Report Addendum for the SR-74 from Calle Entradero to 0.43 Page 12 Final Design and Environmental Approval Services for Ortega Highway Widening kilometers East of La Pata Avenue project. The noise impact analysis will follow the August 2006 Caltrans Traffic Noise Analysis Protocol to address traffic noise impacts within the project limits. Ambient noise level measurements will be conducted to establish the existing noise environment at representative noise-sensitive land uses located north of SR-74 (Ortega Highway) between Calle Entradero and Hunt Club Drive. Short-term (10-minute) noise level measurements will be made at up to 3 locations with concurrent traffic counts to document the existing noise environment and to calibrate the traffic noise model. Observations of other noise sources, existing barriers, terrains, building heights, and other site specific information will be noted during each measurement period. To be consistent with the previously approved noise impact analysis, the SOUND32 noise prediction model will be used to evaluate the traffic noise levels associated with the Existing, Future No Build, and one build Alternative. The model input data will include updated existing and future peak-hour traffic volumes and updated vehicle mix (automobile, medium trucks, and heavy trucks). Previously assumed vehicle speeds, ground attenuation factors, and roadway configurations will remain the same. Noise abatement measures (sound barriers) designed to reduce long-term traffic noise impacts by 5 dBA or more, as required to be feasible, will be evaluated. Worksheets A and B with a base allowance of $36,000 to calculate the reasonable allowance for each barrier height will be completed consistent to the July 8, 2008 Final Technical Noise Impact Analysis Report Addendum. Also, a reasonableness analysis will be conducted by comparing the estimated noise barrier construction cost of the sound barrier to the reasonable allowance for each barrier height. The revised technical noise impact analysis addendum will update the traffic noise levels and noise abatement measures in the July 8, 2008 Final Technical Noise Impact Analysis Report Addendum. 7.3.5 Meetings/Coordination HDR environmental staff will meet and/or coordinate with the project team, City and Caltrans as needed to complete the revalidation process. 7.3.6 Permitting HDR will also prepare the necessary resource agency permits needed for construction as identified in the approved EIR. These include: • US Army Corps of Engineers-Section 404 Permit • California Department of Fish and Game-Section 1602 Permit • Regional Water Quality Control Board -Section 401 Water Quality Certification and National Pollutant Discharge Elimination System (NPDES) Permit • San of San Juan Capistrano-Tree Removal Permit These permits will be prepared and submitted to the resource agencies for approval. HDR will coordinate with the agencies as necessary to address their comments and concerns regarding the project to facilitate permit approval. This task does not include costs associated with acquisition of mitigation credits or costs associated with compensatory mitigation. Page 13 Final Design and Environmental Approval Services for Ortega Highway Widening 7.4 Transportation Management Plan HDR will prepare the Draft and Final Transportation Management Plan (TMP) in accordance with current Caltrans procedures and Guidelines. The TMP will identify specific measures that can be taken by the City during construction to reduce impacts due to construction on the traveling public and to provide travel through and around the work area. These may include: • Public awareness campaign • Properly signed detours or alternative routes • Fixed and portable changeable message signs • Traffic signal modifications • Traffic Management Center coordination • Traffic Management Team coordination • Freeway service patrol • Coordination with local agencies during construction closures • Advanced Traffic Management Systems (ATMS) • Coordination with emergency services (police, fire, paramedics, etc.) during construction closures The Draft TMP will be submitted to Caltrans and the City for review and comment in conjunction with the 65% submittal package. HDR will meet with Caltrans and the City to resolve any comments received, and the document will be revised accordingly. The Final TMP will be submitted for review and approval as part of the 95% submittal package. 7.5 Supplemental Project Report HDR will prepare a Supplemental Project Report (PR) to document any significant geometric design changes associated with the project since the original Project Report was approved in 2009. HDR will prepare a Draft Supplemental PR and submit to Caltrans for review and comment. HDR will work with Caltrans to address/resolve any comments received on the draft document and will prepare a Final PR. The Final Supplemental PR will be submitted to Caltrans for approval and signatures. 7.6 Supplemental Fact Sheets The current proposed design will be eva I uated against the most current 2012 version of the Caltrans Highway Design Manual and DIB 82-05. The intent of this review will be to determine if any revised design standards (relative to the 2006 version) affect the design. If any design elements are impacted, these elements will be tabulated with a detailed explanation as to the reason for the nonstandard design element. HDR will assess whether design changes can be implemented to meet the current design standards; and if so, what are the impacts to the overall design and project cost. HDR will determine based upon this assessment if the impacts of meeting current standards warrant the request for a design exception. If any new design exceptions are found by the HDR team to be warranted, HDR will present their findings to Caltrans District 12 staff. If concurrence on the need for any design exceptions is obtained by Caltrans, HDR will prepare Supplemental Advisory and/or Mandatory Fact Sheets to document these design exceptions and submit to Caltrans for approval. Page 14 Final Design and Environmental Approval Services for Ortega Highway Widening If it is determined by HDR and/or Caltrans that any newly identified nonstandard features can be mitigated through design changes, HDR will revise the project's design accordingly prior to issuing the 65% submittal. 7.7 Safety Committee Review HDR will coordinate with Caltrans District 12 staff during the 95% design phase to schedule a District Safety Committee Review of the 95% plans. Copies of the 95% plans will be submitted to the committee for review, after which a meeting with the committee will be scheduled to review their comments. After receiving the memorandum generated by the committee that summarizes their comments, HDR will generate draft responses which they will share with the committee at the review meeting. After reaching concurrence on the necessary project changes needed to address their comments, HDR will incorporate noted modifications to the plans as part of the 100% design phase. Task 7 Deliverables • Draft/Final Hydrology and Drainage Report • Draft/Final Storm Water Data Report • Draft/Final Water Quality Management Plan • Final Geotechnical Design Report • Final Structures Foundation Report • Final Materials Report • Environmental Revalidation Forms and documentation • Resource Agency Permits • Supplemental Project Report (Draft and Final) • Draft and Final Mandatory/Advisory Fact Sheets (if needed) • Safety Committee Review Comment-Response Matrix 8. Prepare Construction File This task involves the submittal of all project CADD files to the City and the preparation of the Resident Engineer's file. 8.1 CADD Submittal At the completion of the project, the CADD files will be submitted to the City in .DWG format on a CD/DVD. Separate PDF's of each plan sheet and a single PDF of the entire plan set will also be included on the disk. 8.2 RE Binder The HDR team will be responsible for furnishing the City's designated Resident Engineer (RE) with any pertinent project data required to administer the construction contract. The information will be compiled into an RE file, which will include but not be limited to the following items: • • • Quantity calculations Environmental mitigation requirements and disposition matrix R/W easements, descriptions, contracts, and obligations Page 15 Final Design and Environmental Approval Services for Ortega Highway Widening • Agreements and permits for construction • Project cost estimates • Hydrology/drainage and water quality reports • Geotechnical and foundation reports • Contract documents • Survey data files • Construction staking cross sections (prepared per Caltrans guidelines) Task 8 Deliverables • CD/DVD of CADD files and plan set PDF's • RE file Page 16 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this ":-:>1 hday of ['iC\JtxYlY2£V 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and HDR Engineering, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to Prepare Plans, Specifications, and Cost Estimates (PS&E) for the Ortega Highway (SR-7 4) "City-Segment" Widening Project from Calle Entradero to East City limits (CIP 14107); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A", exclusive of Items/Tasks #1, #2, and #4, attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2015. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $911,013 as set forth in Exhibit "B," exclusive of Items/Tasks #1, #2, and #4, attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. · 1 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or 3 employees. This hold harmless agreement shall apply to all 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 Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1 ,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form 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. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1 ,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional 4 insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1 ,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (1 0) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive .any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten ( 1 0) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten ( 1 0) day cure period. 5 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: To Consultant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. HDR Engineering, Inc. 3230 El Camino Real, Suite 200 Irvine, CA 92602 Attn: Camilo Rocha, P.E Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same affect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 7 Final Design and Environmental Approval Services for Ortega Highway Widening October 21, 2013 Mr. Khoon Tan, PE Senior Civil Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 EXHIBIT "A" Subject: Scope of Work and Fee Proposal for Final Design and Environmental Approval Services for the SR 74 (Ortega Highway) Widening Project in the City of San Juan Capsitrano Dear Mr. Tan: HDR Engineering, Inc., (HDR) is proud to present this proposal to the City of San Juan Capistrano (City), to undertake the consultant responsibilities to complete the PS&E and EIR Revalidation for the SR 74 (Ortega Highway) Widening Project from Calle Entradero to the eastern City limits. The City of San Juan Capistrano proposes to widen SR-74 (Ortega Highway) between Calle Entradero to the easterly City/County line from its existing two- lane configuration to four lanes with shoulders and a median. This Project was originally included within the widening project that HDR recently completed between the City of San Juan Capistrano/Orange County line to east of La Pata Avenue/Antonio Parkway. However, due to legal actions, the City segment was CONTACT INFORMATION: Project Manager Marc Cooley, PE Marc.Cooley@hdrinc.com Principal-in-Charge Camilo Rocha, PE Camilo.Rocha@hdrinc.com 3230 El Camino Real, Suite 200 Irvine, CA 92602 Phone{714)730-23go Fax £714) 73o-z30r';, ''>' ,.p;·,. ; .. ~ .'-·,, removed from the original project. The improvements proposed are to complete the City segment of the original project, incorporate mitigation measures resulting from the legal action settlement, and eliminate the existing bottleneck along SR-74 between I-5/SR 74 Interchange and the City limits. The existing Interstate 5 (I- 5)/SR-74 Interchange is currently being upgraded to increase its capacity and improve operation. This Project will remove the existing bottleneck, improve mobility, and help SR-74 continue to serve as a vital link between Orange and Riverside Counties and the primary artery between the new Rancho Mission Viejo Developments and Interstate 5. The sincerity and solidity of our claim of being the visionary and technically competent consultant of choice is supported by more than 90 years of delivering superior engineering and architecture services in both large and small projects evidenced by peer reviews, industry recognitions and rankings, and satisfied local clients such as the County of Orange, Orange County Transportation Authority, City of Los Angeles, County of Los Angeles, Caltrans and others. For our Project team, we have assembled experienced professionals including former Caltrans engineers and managers possessing the technical and managerial expertise necessary for successful completion of this Project. Marc Cooley, PE, with proven technical leadership and successful delivery record in similar street improvement and interchange projects will be the HDR Project Manager. Marc Cooley has over 22 years of experience and has an extensive background in the design, management, and delivery of large highway improvement projects for local agencies. Marc is a "hands on" project manager who understands what it takes, from both a technical and procedural standpoint, to deliver a Caltrans PS&E package. Camilo Rocha, PE, will be EXHIBIT A Final Design and Environmental Approval Services for Ortega Highway Widening the HDR Principal in Charge and will provide organizational support and resources. He will utilize 25 combined years of experience in Caltrans Project Development, Environmental Planning and Engineering, Permits and Construction to assist Marc to successfully develop and complete this Project. Our team members, individually and collectively, have intimate knowledge of this project and its environment, the requirements for approval and implementation of the project, the utilities impacted and their approval processes, and the right-of-way impacts and required mitigations. We have studied all available documents, visited the project site, and are ready to start the Project. We are ready to complete the City Segment of the SR 74 (Ortega Widening) Project, remove the existing bottleneck and improve mobility through the SR 74 Corridor. Our Project Manager, Marc Cooley, is available at (714) 368-5646 or Marc.Cooley@hdrinc.com to discuss the details of our plan of action with you and respond to your questions. Thank you for considering our team for this exciting opportunity. We look forward to meeting with you and to answering any questions that you may have regarding the HDR team, our qualifications, and experience. Sincerely, HDR Engineering, Inc. Thomas T. Kim, PE Senior Vice President/Southern California Transportation Manager Final Design and Environmental Approval Services for Ortega Highway Widening Introduction and Background Draft Scope of Services October 21, 2013 The City of San Juan Capistrano proposes to widen SR-74 (Ortega Highway) between Calle Entradero to the easterly City limits from its existing two-lane configuration to four lanes with shoulders and a median. SR-74 will continue to serve as a vital link between Orange and Riverside Counties and will be the primary artery between the new Rancho Mission Viejo development along SR-74 and Interstate 5. The existing SR-74 interchange at Interstate 5 is currently being upgraded to increase its capacity and improve operation. The portion of SR-74 between the City limits and Antonio Parkway {upper Ortega) has already been upgraded to a four lane facility with a median. The improvements proposed as part of this project will eliminate the existing bottleneck along SR-74 between 1-5 and Antonio Parkway. In 2006, Rancho Mission Viejo (RMV) contracted with HDR engineering to complete the design and prepare construction bid documents for the widening SR-74 between Calle Entradero to just east of Antonio Parkway to support their planned residential development. However, the design work was placed on hold due to a lawsuit that was filed by the residents of the Hunt Club residential development against the City and Caltrans for the portion of the project within City limits (Lower Ortega). RMV decided to move forward with the design and construction of the Upper Ortega segment, with HDR preparing the bid package. Construction of this segment was completed in 2011. Meanwhile, Caltrans prepared a Project Report and EIR for the segment within City limits, both of which were approved in 2009. Based on the lawsuit settlement agreement, the following project features were added to the project to mitigate traffic, noise, and visual impacts to the community: • Install traffic signal at SR-74/Hunt Club Drive intersection • The Hunt Club guardhouse and all associated facilities shall be relocated to create space for queuing vehicles entering the community from SR-74 • Existing meandering sidewalk located along the north side of SR-74 fronting the Hunt Club development shall be replaced in kind to the extent possible • Additional landscape enhancements are to be included along the north side of SR-74 within the segment fronting the Hunt Club development. • Rubberized asphalt concrete along the project's roadway footprint. These additional design features will be incorporated into the construction bid package. The City has since secured funding from both OCTA and Rancho Mission Viejo to finish final design and complete the construction bid package (PS&E) for the segment within City limits. Work on the construction bid package had been advanced to approximately a 50%-65% level of design completion depending on the specific disciplines. The following scope of work is for the completion of this construction bid package and includes a revalidation of the EIR (CEQA) approved in 2009. This PS&E package will be completed in accordance with current Caltrans Page 1 Final Design and Environmental Approval Services for Ortega Highway Widening requirements and guidelines, and it is assumed that the construction contract for these improvements will be advertised, awarded, and administered by the City of San Juan Capistrano. The following scope of work is structured according to the following 8 major tasks: 1. Project Management, Coordination and Administration 2. Supplemental Surveys and Utility Coordination 3. Prepare Project Plans (Nonstructural) 4. Prepare Project Specifications (Nonstructural) 5. Prepare Engineer's Estimate (Nonstructural) 6. Prepare Structural PS&E for Special Design Retaining Walls 7. Prepare Supporting Reports and Documentation 8. Prepare Construction File At the direct ion of the City, the following scope of work does not include any bid or construction phase support services. The in-progress plans developed and put on hold in 2008 will serve as the basis for the completion of the PS&E package as part of this current contract. In addition to HDR the following subconsultants are proposed to provide support services as identified below: • Huitt Zollars: Surveys and mapping • GMU Geotechnical: Geotechnical reports • LSA: Supplemental noise studies As a condition of their development, Rancho Mission Viejo Development Corporation is contributing $450,000 towards the design services included as part of this scope of work. This work will be administered through a separate contract with RMV and will include all work covered under Tasks 1, 2, and 4 as described below. Invoices to the City will be prepared to clearly distinguish the amount being separately invoiced to RMV for these tasks. Scope of Work 1. Project Management, Coordination and Administration This task involves all work related to managing the project on behalf of HDR, including the preparation of the required project initiation documentation, conducting internal and external meetings and coordination, and the preparation of monthly invoices and progress reports. Hours for Tasks 1.2 and 1.3 are based on an assumed 12 month project schedule. 1.1 Prepare Project Guide HDR's Project Manager will prepare a Project Guide for this contract, which will outline the following information related to the work: • • • • Scope of work and schedule for task order Project team and client contact information Communication Plan Invoicing requirements and templates Page 2 Final Design and Environmental Approval Services for Ortega Highway Widening • Project team roles and responsibilities • Document control procedures • quality assurance/control procedures Included with the Project Guide will be a CPM baseline project schedule, which will be prepared using Microsoft Project and presented in Gantt chart format. The format will identify the anticipated start/end dates and durations for each task identified within the scope of work and will identify the critical path. This document will be distributed to all project team members, the City, and Caltrans and will act as a living document throughout the life of the contract. It will be updated as necessary to reflect any changes in protocol or other information included and redistributed. 1.2 Meetings and Coordination HDR will facilitate all necessary coordination with the City and Caltrans, and other stakeholders to complete the PS&E. This will include the following meetings: • Monthly coordination meetings with City staff to review and discuss technical issues, the project schedule, and financial matters. • Monthly PDT meetings with Caltrans District 12 staff to review the project status and discuss the need for technical focused meetings with select functional units. • Technical focused meeting with Caltrans functional unit staff to discuss and resolve technical issues related to the project design (12 assumed). • Additional ad-hoc meetings with other project stakeholders to discuss and resolve technical issues related to the project design and right of way needs (12 assumed). • Internal project team meetings will be held on a weekly basis throughout final design to facilitate interdisciplinary coordination and ensure all disciplines are making progress according to the project schedule. The number of meetings identified above will be based upon an 12 month final design schedule. 1.3 Progress Reports and Invoices Invoices will be generated on a monthly basis in accordance with the City of San Juan Capistrano invoicing guidelines. Progress reports will be generated to accompany each invoice, which will include the following information: • Work completed over the reporting period by task • Work to be completed over the upcoming reporting period by task • Progress schedule which will compare the status of each activity against the baseline • Identification of issues or concerns related to the schedule or budget. Task l Deliverables • Project Guide and updates as necessary • Baseline project schedule updated monthly status schedules • Meeting agendas, summaries, and presentation materials as appropriate Page 3 Final Design and Environmental Approval Services for Ortega Highway Widening • Monthly invoices and progress reports 2. Supplemental Surveys and Utility Coordination This task includes the identification of any changed conditions within the project limits that would warrant obtaining supplemental survey information and conducting the necessary survey work. It also involves work related to updating existing utility mapping (if necessary), the identification of conflicts with privately owned utilities, and the coordination with the impacted owners to develop relocation strategies and timelines for construction. 2.1 Supplemental Surveys Aerial Topographic Mapping: Aerial mapping was obtained for this project in 2006 based on NVGD29 vertical datum. Current Caltrans design criteria calls for the mapping to be generated based on NAVD88 datum, which has a differential of approximately 2.3 feet from NGVD29 datum. Based on this fact and the fact that this mapping is now approximately 7 years old, Huitt-Zollars (HZ) feels it is important to re-map the roadway based on the NAVD88 datum. Our scope of work for this includes the following: A. HZ will establish ground control based on County of Orange bench marks using the NAVD88 vertical datum for vertical control. For horizontal control, HZ will utilize the California Coordinate System (CCS83), Zone VI, 1983 North American Datum, 1991.35 Epoch Adjustment. Mapping will be obtained on this grid system and not adjusted to a "ground system". In doing so, over the approximate one mile of roadway design, the difference is 0.27 +I-feet. We are considering this as imperceptible for the project and the design of the roadway. B. HZ will include our sub-consultant (Digital Mapping Inc.,-DMI) to obtain the aerial mapping photography, and to compile the mapping at 1"=50' scale in accordance with Caltrans mapping standards. The mapping will be approximately 600 feet wide, 300 feet each side of the roadway and extend from just west of Calle Entradero to 500 feet east of the City boundary. C. Along with the mapping, HZ will obtain from our mapping sub-consultant, a color digital orthophoto of the project at 6" pixel resolution. D. HZ will utilize the shots obtained below under "Supplemental Topographic Mapping" to verify mapping accuracy for the product delivered to us from DMI. Supplemental Topographic Mapping: Due to the elapsed time since the original mapping was developed, HZ recommends obtaining supplemental topo to make certain existing conditions are represented accurately. This supplemental topo will consist of the following: A. Perform cross sections of the existing roadway from top of curb (or edge of pavement) to top of curb (or edge of pavement) on an approximate SO' interval. We feel strongly that this should be done since we are not aware of whether or not there has been any resurfacing in the last 7 years. If there has been no resurfacing, it will validate existing conditions. B. 60 hours of additional field time is being included to conduct any additional supplemental surveys at locations where the existing condition has changed relative to 2006 or additional information is Page4 Final Design and Environmental Approval Services for Ortega Highway Widening necessary to complete the design work. HZ is providing a budget amount for this item, based upon 60 hours of field time, utilizing a three person survey crew, 40 hours of office time for a Project Surveyor to plot the information and 16 hours for the survey manager. 2.2 Utility Research and Coordination HDR will conduct a field review of the project limits to compare observed existing utility facilities and above ground appurtenances against the current existing utilities mapping. Any new facilities observed in the field will be noted on the plans and the owner will be identified. HDR will prepare notification letters to all utility owners with facilities within the project limits to notify them of the reactivation of the project, identify the facilities currently identified within the project limits that fall under their ownership, discuss the final design schedule, and request that they verify the location of their facilities as shown on the current existing utilities plans. Additional facilities mapping received from utility owners in response to the notification letters will be cross checked against the existing utilities composite. The composite will be updated if necessary to reflect any newly constructed facilities. Once the existing utilities composite has been updated to reflect the current existing condition, facilities in conflict with the proposed improvements will be identified. Owners with utility conflicts will be notified via letter; exhibits clearly identifying the conflicts to each owner's facilities will accompany each letter. If any newly added facilities appear to be in conflict with the proposed construction, potholing may be recommended to confirm the exact location of selected facilities. This work is excluded from HDR's fee proposal. In conjunction with the existing utilities composite, a Utility Matrix will be prepared that will include the following information: • Utility ownership, type, location, and depth • Ownership rights, easements, and franchise agreements • High or low risk determinations • Disposition of each utility • Utility conflicts • Removal and relocation requirements (lengths and limits) • Estimated relocation costs • Reconstruction and adjustments of manholes, hand holes, vaults, and other surface appurtenances The Utility Matrix will also track the progress and schedule of each impacted utility, including all correspondence with each owner in order to have the utilities relocated prior to the start of the roadway construction. Any relocation plans prepared by owners will be obtained and included in the contract bid documents for reference. Any utility owner with an impacted facility that must be relocated prior to or during construction will be issued a "Notice to Relocate" in accordance with City and Caltrans requirements. Page 5 Final Design and Environmental Approval Services for Ortega Highway Widening HDR will conduct face to face meetings with the individual impacted utility owners at the following milestones to facilitate the development of mitigation strategies by the owners: • After the conflict notification letters are sent out, HDR will work with the impacted owners to schedule one on one meeting to review and discuss the nature of the impact. At these meetings, HDR will work with the owners at the meetings to establish a reasonable timeline for the development of a mitigation strategy. • HDR will meet with the impacted owners after they have developed an initial mitigation strategy. At this meeting, a timeline for the completion of the detailed plans will be established that ties into the submittal date for the Right of Way Certification package. • HDR will conduct status meetings or conference calls with the impacted owners to track the status of their design work to help ensure that their deadlines for completion are being met. HDR will prepare/compile the necessary utility relocation information to be included in the Right of Way Certification Package submitted to Caltrans for approval prior to the issuance of an encroachment permit for construction. Task 2 Deliverables • Supplemental field survey data and updated topographic mapping • Utility notification letters (initial letters and conflict identification letters) • Updated existing utilities composite and utility matrix • Meeting agendas, summaries, and presentation materials 3. Prepare Roadway Plans This task involves the completion of plans for all elements of the proposed roadway improvements except for the nonstandard retaining walls, which are covered under Task 6. All plans will be prepared in accordance with the requirements set forth in the most current versions of the Caltrans Plans Preparation and CADD Manuals and the PS&E Guide. The plans prepared in 2008 (prior to the project being put on hold and the designs therein) will be utilized as the basis for reinitiating the design development and plan preparation. The current roadway designs will be reviewed for conformity with current 2010 Caltrans Design Standards, the recently issued DIB 82- 95 for pedestrian facilities, and other applicable current agency standards. Milestone submittals to both Caltrans and the City will be made at the 65%, 95%, and 100% design phases. Subtasks will be assigned under Task 3 for the individual plan preparation for the following disciplines: General and Roadway/Civil Plans These plans will include the title sheet, key map, typical sections, layouts, profiles/superelevations, removals, additional construction details, contour grading, and summary of quantities. Drainage Plans These plans will include drainage layouts, profiles, details as needed, and summary of quantities. Water Pollution Control and Erosion Control Plans These Water Pollution Control Plans will include layouts depicting proposed temporary construction area BMP's by stage, while the Erosion Control Plans will depict BMP's installed after construction is complete. Page 6 Final Design and Environmental Approval Services for Ortega Highway Widening Utility Plans These plans will include layout depicting the existing and proposed locations of both underground and overhead utility facilities within the project limits. Detail sheets will be included as necessary to clearly depict relocation strategies. Construction Staging, Traffic Handling, and Detour Plans These plans will include construction area sign layouts, stage construction layouts, traffic handling layouts and cross sections for each stage identified, and detour layouts for each stage. Pavement Delineation Plans These plans will include layouts depicting the proposed roadway striping and pavement markings. Sign Plans These plans will include sign layouts, details, and quantity summaries. Prepare Lighting, Signal, and Electrical Plans These plans will include street lighting & sign illumination layouts. A traffic signal plan will be prepared for the proposed signal at the intersection of SR-74 and Hunt Club Drive. Standard Retaining Wall Plans (if needed) These plans will include the designs for any standard Caltrans retaining walls per the 2010 Standard Plans. No standard retaining walls are included in the current progress plans completed in 2009. Planting & Irrigation Plans These plans will include a plant list, planting layouts, irrigation removal plans, irrigation layouts, and a sprinkler schedule. Upon receipt of agency review comments after each milestone submittal, HDR will generate responses to comments utilizing a standard comment-response matrix. The draft responses will be submitted to the reviewers for review, and workshops will be scheduled with each reviewer to review HDR's responses and reach a consensus on the nature of the revisions needed to address each comment. Task 3 Deliverables • 65%, 95%, 100%, and Final Plan Set • Response to comment matrices • Standards review results table 4. Prepare Roadway Specifications HDR will prepare technical specifications as needed for the roadway items to supplement the 2010 Caltrans Standard Specifications. Milestone submittals to both Caltrans and the City will be made in conjunction with the project plans at the 65%, 95%, and 100% design phases. It is assumed that HDR will be responsible for the preparation of technical specifications only. The remainder of the project specification package will be the responsibility of the City. The 65% submittal will include unedited Standard Special Provisions to the 2010 Page 7 Final Design and Environmental Approval Services for Ortega Highway Widening Standard Specifications only, while the following submittals will include edited Standard Special Provisions and any Nonstandard Special Provisions that may be required. It is assumed that the City will be advertising, awarding, and administering the construction contract and thus will be dictating the format of the project specifications. Technical specifications will be formatted to match that of the overall specification package but will written to reference the 2010 Caltrans Standard Specifications and provide the necessary Special Provisions as needed. Upon receipt of agency review comments after each milestone submittal, HDR will generate responses to comments utilizing a standard comment-response matrix. The draft responses will be submitted to the reviewers for review, and workshops will be scheduled with each reviewer to review HDR's responses and reach a consensus on the nature of the revisions needed to address each comment. Task 4 Deliverables • 65%, 95%, 100%, and Final Technical Specifications • Response to comment matrices 5. Prepare Engineer's Estimate for Construction HDR will develop an Engineer's Estimate of the estimated construction cost and include with all milestone submittals. The estimate will be prepared using either a standard costing template provided by the City, or one can be developed by HDR. If one is prepared by HDR, it will be submitted to the City for review and approval prior to developing the estimate. A separate cost estimate for the nonstandard retaining walls will be prepared as part of Task 6, which will be incorporated into the master estimate prepared as part of this task. The estimate will be based upon the pay items and quantities identified within the project plans. The cost estimate will list all pay items and their associated unit cost to calculate a total cost for each. Unit costs will be obtained from available resources including recent bid data on similar project, and from the 2012 Caltrans Cost Database. Task 5 Deliverables • 65%, 95%, 100%, and Final Engineer's Estimates 6. Prepare Structures PS&E This task involves the completion of plans for all nonstandard retaining walls and sound walls included as part of the project design. The current design as of 2008 includes five nonstandard retaining walls and three sound walls for which plans were prepared. In addition, a foundation plan and details will be needed for the relocated guard shack at the Hunt Club Drive intersection per the lawsuit settlement agreement. All submittals will be processed through Caltrans Office of Specially Funded Projects (OSFP), and all deliverables for structures within State right of way will be prepared in accordance with the latest edition of he OSFP Information and Procedures Guide. Unchecked and Checked Structures Submittals to OSFP are assumed as part of this scope of work per OSFP guidelines. Type Selection Approval for the nonstandard walls was obtained by Caltrans as part of an earlier project phase. 6.1 65% Structures Unchecked Details Submittal Page 8 Final Design and Environmental Approval Services for Ortega Highway Widening The current wall plans will be reviewed and compared against the most current Caltrans structural design standards and seismic design criteria to determine if any design changes are needed to comply with current requirements. If any are identified, they will be tabulated and presented to the City and Caltrans for review and concurrence. These findings will be documented within a technical memorandum that will be submitted to Caltrans and the City for review and concurrence. Once concurrence is obtained, the designs will be modified accordingly and advanced to a 65% level of design completion in preparation for the Structures Unchecked Details Submittal to Caltrans Structures. A copy of the Draft Foundation Report will be included with the plans as part of this submittal. No special provisions will be included as part of this submittal in accordance with OSFP guidelines. 6.2 Structures PS&E The structures PS&E package will be submitted in a series of three milestone submittals to OSFP staff in accordance procedures; which include an initial (90%), intermediate (100%), and final submittal. HDR will prepare all structural design calculations, independent check structural calculations, plans, specifications, and estimate in accordance with the latest edition of the OSFP Information and Procedures Guide. The retaining and sound walls will be designed in accordance with the applicable provisions of the most current versions of the following Caltrans manuals: • AASHTO LRFD Bridge Design Specifications • Caltrans Bridge Memos to Designers • Caltrans Bridge Design Aids A complete bound set of the structural design calculations will be packaged and submitted to Caltrans OSFP for review as required in the OSFP Information and Procedures Guide with each Structures PS&E Submittal. Wall designs will be independently checked by a California registered civil engineer experienced in retaining wall design in accordance with the applicable Caltrans manuals. The independent check calculations will include all analysis and computations that are necessary to independently check all aspects of the design shown on the draft structure plans. Results from the independent check calculations will be compared with the design, and any discrepancies will be resolved between the designer and checker and the resolutions documented in the calculations. A complete bound set of the independent check structural design calculations will be packaged and submitted to Caltrans OSFP for review as required in the OSFP Information and Procedures Guide with each Structures PS&E submittal. Plans HDR will prepare the structures plan in conformance with the detailing and formatting standards contained within the Caltrans Plans Preparation Manual and the Bridge Design Details Manual. The plans will be prepared using the most current Caltrans standards, including the most current Caltrans-formatted border sheets, Standard Detail Sheets (XS sheets), and Standard Plans. HDR will submit reduced size paper plans except as part of the final submittal when a full size set of structure plans is required for the OSFP Liaison Engineer to sign for approval. Page 9 Final Design and Environmental Approval Services for Ortega Highway Widening Specifications HDR will prepare the Structures Special Provisions in accordance with the Caltrans Ready to List and Construction Contract Award Guide. The Structures Special Provisions will be consist of the most current versions of the Caltrans Standard Special Provisions (SSP's) edited to suit the specific requirements of the project. The SSP's will include a thorough description and the method of measurement and payment for each bid item. Estimate Upon completion and resolution of the independent check structural design calculations, HDR will prepare structure quantity calculations and engineer's estimate of the structures cost and submit the engineer's estimate as part of the PS&E package at each milestone submittal. Preparation of these documents will conform to the requirements on the Bridge Design Aids Manual and Ready-to-List and Construction Contract Award Guide (RTL Guide). Task 6 Deliverables • Design standards conformation technical memorandum • Structural design calculations • Independent check structural design calculations • Structures plans (65%, initial, intermediate, and final submittals) • Structures Special Provisions (initial, intermediate, and final submittals) • Structures quantity calculations and engineer's estimate 7. Prepare Supporting Reports and Documentation This task involves the preparation of reports and additional supporting documentation needed to facilitate design and approval of the PS&E package by Cal trans. Included as part of this task is the revalidation of the Final project EIR prepared by Caltrans and approved in 2009. 7.1 Drainage and Storm Water Reports Hydrology and Drainage Report HDR will perform a hydrology study of the project under pre-and post-project conditions. The study will delineate watersheds for project areas tributary to the project limits along SR-74 and will compute flow rates to existing and proposed on-site storm drain inlets. The hydrology study will consist of Rational Method analysis performed in accordance with the Orange County Hydrology Manual. On-site drains collecting runoff from at-grade areas will be analyzed for a 25-year return frequency storm event. HDR will prepare a hydrology and drainage report to present a narrative of the hydrologic and hydraulic assumptions, analyses, and designs required for the proposed improvements. The design report will include summary tables of pre-and post-project condition hydrologic and hydraulic analyses of sub-catchments and storm water conveyances along SR-74. The report will present the design flow rates, proposed inlet geometries, and hydraulic grade lines. The engineering calculations relevant to the hydrologic analysis and hydraulic design of the proposed drainage improvements and a set of 65% drainage improvement plans will Page 10 Final Design and Environmental Approval Services for Ortega Highway Widening be included in the report appendices. The design of any facilities within the Caltrans right of way will be conducted in accordance with the Caltrans standards as defined in Chapter 830 of the Highway Design Manual. Improvements within City right of way will be designed to City standards, as defined by the Orange County Local Drainage Manual and subsequent City modifications. In the event of a conflict between the two standards, the more conservative will be applied and noted within the design calculations. Storm Water Data Report HDR will prepare a water quality evaluation in accordance with the most current edition of the Caltrans Storm Water Quality Handbook, Regional Water Quality Control Board (RWQCB}, and City criteria for project areas within State right of way. The water quality evaluation will be used to identify interim construction period and permanent water quality Best Management Practices (BMP's) required for compliance with the National Pollution Discharge Elimination System (NPDES). Selection of BMP's will be based upon the recommendations of the Storm Water Data Report, treatment effectiveness, cost and right of way considerations, ease of maintenance, and other relevant factors. Construction period BMP's will be identified on project plans at sufficient detail to provide for quantity and cost estimates. Permanent post construction BMP's will be incorporated into the project design to demonstrate their viability and compatibility with other project features. A discussion of permanent post-construction BMP's will be included in the SWDR in accordance with Caltrans criteria that will define water quality design issues, erosion control, and BMP measures. The SWDR will demonstrate compliance with RWQCB requirements, will include construction cost estimates, and will describe maintenance requirements of the facilities. The SWDR will consider and provide recommendations for BMP implementation during construction activities. BMP's will be specified to safeguard water quality due to construction site runoff. BMP recommendations will conform to the latest edition of the Caltrans Storm Water Quality Handbook, Construction Site BMP Manual. The construction phase BMP's will be depicted on project plans and will constitute the Storm Water Pollution Prevention Plan for construction in areas within State right of way. A draft of the PS&E SWDR will be submitted as part of the 65% milestone submittal. Any comments received as part of the agency review of the draft document will be addressed during the 95% design phase. The report will be revised to address the comments, and the final version will be submitted as part of the 95% milestone submittal. Water Quality Management Plan As required by the City, a project specific Water Quality Management Plan (WQMP) will be prepared in accordance with NPDES and San Diego Regional Water Quality Control Board criteria. The WQMP will identify BMP's for the management of storm water runoff water quality. While the WQMP will address areas outside of Caltrans right of way, the contents of the WQMP will integrate with the SWDR as prepared in accordance with Caltrans criteria in order to address all sources of runoff within the project area. 7.2 Geotechnical and Foundation Reports A geotechnical report was prepared for the project by GMU Geotechnical Inc. in 2007. This report provided all necessary design recommendations for grading, slopes, pavement structural sections, and wall foundations needed to complete the PS&E package. A draft report was submitted to Caltrans. Comments Page 11 Final Design and Environmental Approval Services for Ortega Highway Widening were provided, and the report was updated to include the responses to comments and to include the necessary document revisions to address the comments received. It is envisioned that as part of this upcoming phase, the report will need to be amended as necessary to comply with current seismic design requirements and other new applicable Caltrans standards and guidelines. The report will be updated as necessary by GMU and submitted to Caltrans for review and comment. GMU will prepare responses to comments and coordinate with Caltrans to reach a resolution to all comments received. The report will b updated as necessary to address the comments, and a final version will be submitted to Caltrans for approval. 7.3 Environmental Documentation and Permitting The project EIR prepared by Caltrans was approved in November, 2009. Since it's been over three years since the EIR was approved and the lawsuit settlement mitigation elements added, a revalidation of the document will be required. Assuming the project footprint/parameters do not change relative to what was assumed in the approved EIR, it is likely that Caltrans will only require the preparation of a Revalidation Form. It is assumed for this scope that HDR will be responsible for preparing the necessary revalidation documentation and obtaining Cal trans approval. This scope of work applies to the revalidation of the CEQA document only (Environmental Impact Report). 7.3.1 Project Description Update/Modification HDR environmental staff will coordinate with the engineering team to prepare an updated Project Description that reflects the updates to the project. This task will involve utilizing "Chapter 1 Proposed Project" from the currently certified EIR, and updating, if necessary, in strikeout/underline format any changes to the project as part of the current design efforts. If no changes to the project have occurred, this task will also demonstrate that fact, which is an important component of the revalidation criteria. 7.3.2 Review Certified EIR (Including Technical Studies) HDR environmental staff will conduct a detailed review of the certified EIR to determine whether any changes in the environmental setting or circumstances (e.g., new law or regulation), or project description (if applicable) would affect the existing environmental analysis within the EIR. 7.3.3 Prepare Exhibit 6-G NEPA/CEQA Revalidation Form (local Assistance Procedures Manual) HDR will prepare "Exhibit 6-G NEPA/CEQA Revalidation Form" from the Local Assistance Procedures Manual including "continuation sheets" as necessary to justify the revalidation of the previously certified EIR. We anticipate this work product to be reviewed once by City staff, with a round of revisions, and then submittal to Caltrans environmental staff for review/comment. For purposes of this scope of work, we anticipate one round of revisions based on Caltrans review/comment. 7.3.4 Update Noise Analysis LSA will prepare a written letter on behalf of the California Department of Transportation (Caltrans) to notify residences located at the Hunt Club of the noise study prior to the commencement of the work. LSA will also prepare a revised technical noise impact analysis addendum to revalidate the July 8, 2008 Final Technical Noise Impact Analysis Report Addendum for the SR-74 from Calle Entradero to 0.43 Page 12 Final Design and Environmental Approval Services for Ortega Highway Widening kilometers East of La Pata Avenue project. The noise impact analysis will follow the August 2006 Caltrans Traffic Noise Analysis Protocol to address traffic noise impacts within the project limits. Ambient noise level measurements will be conducted to establish the existing noise environment at representative noise-sensitive land uses located north of SR-74 (Ortega Highway) between Calle Entradero and Hunt Club Drive. Short-term (10-minute) noise level measurements will be made at up to 3 locations with concurrent traffic counts to document the existing noise environment and to calibrate the traffic noise model. Observations of other noise sources, existing barriers, terrains, building heights, and other site specific information will be noted during each measurement period. To be consistent with the previously approved noise impact analysis, the SOUND32 noise prediction model will be used to evaluate the traffic noise levels associated with the Existing, Future No Build, and one build Alternative. The model input data will include updated existing and future peak-hour traffic volumes and updated vehicle mix (automobile, medium trucks, and heavy trucks). Previously assumed vehicle speeds, ground attenuation factors, and roadway configurations will remain the same. Noise abatement measures (sound barriers) designed to reduce long-term traffic noise impacts by 5 dBA or more, as required to be feasible, will be evaluated. Worksheets A and B with a base allowance of $36,000 to calculate the reasonable allowance for each barrier height will be completed consistent to the July 8, 2008 Final Technical Noise Impact Analysis Report Addendum. Also, a reasonableness analysis will be conducted by comparing the estimated noise barrier construction cost of the sound barrier to the reasonable allowance for each barrier height. The revised technical noise impact analysis addendum will update the traffic noise levels and noise abatement measures in the July 8, 2008 Final Technical Noise Impact Analysis Report Addendum. 7.3.5 Meetings/Coordination HDR environmental staff will meet and/or coordinate with the project team, City and Caltrans as needed to complete the revalidation process. 7.3.6 Permitting HDR will also prepare the necessary resource agency permits needed for construction as identified in the approved EIR. These include: • US Army Corps of Engineers-Section 404 Permit • California Department of Fish and Game-Section 1602 Permit • Regional Water Quality Control Board -Section 401 Water Quality Certification and National Pollutant Discharge Elimination System (NPDES) Permit • San of San Juan Capistrano-Tree Removal Permit These permits will be prepared and submitted to the resource agencies for approval. HDR will coordinate with the agencies as necessary to address their comments and concerns regarding the project to facilitate permit approval. This task does not include costs associated with acquisition of mitigation credits or costs associated with compensatory mitigation. Page 13 Final Design and Environmental Approval Services for Ortega Highway Widening 7.4 Transportation Management Plan HDR will prepare the Draft and Final Transportation Management Plan (TMP) in accordance with current Caltrans procedures and Guidelines. The TMP will identify specific measures that can be taken by the City during construction to reduce impacts due to construction on the traveling public and to provide travel through and around the work area. These may include: • Public awareness campaign • Properly signed detours or alternative routes • Fixed and portable changeable message signs • Traffic signal modifications • Traffic Management Center coordination • Traffic Management Team coordination • Freeway service patrol • Coordination with local agencies during construction closures • Advanced Traffic Management Systems (ATMS) • Coordination with emergency services (police, fire, paramedics, etc.) during construction closures The Draft TMP will be submitted to Caltrans and the City for review and comment in conjunction with the 65% submittal package. HDR will meet with Caltrans and the City to resolve any comments received, and the document will be revised accordingly. The Final TMP will be submitted for review and approval as part of the 95% submittal package. 7.5 Supplemental Project Report HDR will prepare a Supplemental Project Report (PR) to document any significant geometric design changes associated with the project since the original Project Report was approved in 2009. HDR will prepare a Draft Supplemental PR and submit to Caltrans for review and comment. HDR will work with Caltrans to address/resolve any comments received on the draft document and will prepare a Final PR. The Final Supplemental PR will be submitted to Caltrans for approval and signatures. 7.6 Supplemental Fact Sheets The current proposed design will be eva I uated against the most current 2012 version of the Caltrans Highway Design Manual and DIB 82-05. The intent of this review will be to determine if any revised design standards (relative to the 2006 version) affect the design. If any design elements are impacted, these elements will be tabulated with a detailed explanation as to the reason for the nonstandard design element. HDR will assess whether design changes can be implemented to meet the current design standards; and if so, what are the impacts to the overall design and project cost. HDR will determine based upon this assessment if the impacts of meeting current standards warrant the request for a design exception. If any new design exceptions are found by the HDR team to be warranted, HDR will present their findings to Caltrans District 12 staff. If concurrence on the need for any design exceptions is obtained by Caltrans, HDR will prepare Supplemental Advisory and/or Mandatory Fact Sheets to document these design exceptions and submit to Caltrans for approval. Page 14 Final Design and Environmental Approval Services for Ortega Highway Widening If it is determined by HDR and/or Caltrans that any newly identified nonstandard features can be mitigated through design changes, HDR will revise the project's design accordingly prior to issuing the 65% submittal. 7.7 Safety Committee Review HDR will coordinate with Caltrans District 12 staff during the 95% design phase to schedule a District Safety Committee Review of the 95% plans. Copies of the 95% plans will be submitted to the committee for review, after which a meeting with the committee will be scheduled to review their comments. After receiving the memorandum generated by the committee that summarizes their comments, HDR will generate draft responses which they will share with the committee at the review meeting. After reaching concurrence on the necessary project changes needed to address their comments, HDR will incorporate noted modifications to the plans as part of the 100% design phase. Task 7 Deliverables • Draft/Final Hydrology and Drainage Report • Draft/Final Storm Water Data Report • Draft/Final Water Quality Management Plan • Final Geotechnical Design Report • Final Structures Foundation Report • Final Materials Report • Environmental Revalidation Forms and documentation • Resource Agency Permits • Supplemental Project Report (Draft and Final) • Draft and Final Mandatory/Advisory Fact Sheets (if needed) • Safety Committee Review Comment-Response Matrix 8. Prepare Construction File This task involves the submittal of all project CADD files to the City and the preparation of the Resident Engineer's file. 8.1 CADD Submittal At the completion of the project, the CADD files will be submitted to the City in .DWG format on a CD/DVD. Separate PDF's of each plan sheet and a single PDF of the entire plan set will also be included on the disk. 8.2 RE Binder The HDR team will be responsible for furnishing the City's designated Resident Engineer (RE) with any pertinent project data required to administer the construction contract. The information will be compiled into an RE file, which will include but not be limited to the following items: • • • Quantity calculations Environmental mitigation requirements and disposition matrix R/W easements, descriptions, contracts, and obligations Page 15 Final Design and Environmental Approval Services for Ortega Highway Widening • Agreements and permits for construction • Project cost estimates • Hydrology/drainage and water quality reports • Geotechnical and foundation reports • Contract documents • Survey data files • Construction staking cross sections (prepared per Caltrans guidelines) Task 8 Deliverables • CD/DVD of CADD files and plan set PDF's • RE file Page 16 apistrano ort 11/5/2013 014 TO: Karen P. Brust, City ~n t. FROM: Keith Van Der Maaten, P. ., ublic Works and Utilities Directo~ Prepared by: Khoon Tan, P.E., Senior Civil Engineer K-7. DATE: November 5, 2013 SUBJECT: Consideration of Approval of a Personal Services Agreement to Prepare Plans, Specifications and Cost Estimates; and a Resolution Authorizing an Application for Funds in the Orange County Transportation Authority's Fiscal Year 2014-2015 "Call for Projects" for the Ortega Highway (SR-74) "City-Segment" Widening Project (CIP 14107) (HDR Engineering, Inc.) RECOMMENDATION: By motion, 1. Approve a Personal Services Agreement with HDR Engineering, Inc. for $911,013 to prepare Plans, Specifications, and Cost Estimates for the Ortega Highway (SR-74) "City-Segment" Widening Project; and, 2. Adopt a Resolution authorizing submission of an application for grant funds in the Orange County Transportation Authority "Call for Projects" to fund the project's right-of-way phase of work. EXECUTIVE SUMMARY: Funding to perform engineering design for the Ortega Highway (SR-74) "City-Segment" Widening Project in the amount of $1.5 million has been secured through grant funds from the Orange County Transportation Authority ($1 ,050,000), and corresponding developer match funds from Rancho Mission Viejo, LLC ($450,000) via a Funding Assistance Agreement that was approved by City Council at the October 15, 2013, meeting. Staff is recommending the approval of a Personal Services Agreement with HDR Engineering, Inc. to obligate the grant funds with the Orange County Transportation Authority for the engineering phase and to initiate project design. Staff has also prepared and submitted a grant application to the Orange County Transportation Authority recently to fund the right-of-way phase of work which is programmed for Fiscal Year 2014-2015. A Resolution authorizing the submission of an City Council Agenda Report November 5, 2013 Page 2 of 4 application for grant funds for this project was previously approved by the City Council on February 5, 2013, to fund engineering design. Adoption of a separate Resolution (provided herein as Attachment 2) will reaffirm and formalize the City Council's authorization with the Orange County Transportation Authority for the submission of this grant funding application to secure right-of-way funds. DISCUSSION/ANALYSIS: The $1.5 million secured through a grant from Orange County Transportation Authority and corresponding developer match funds from Rancho Mission Viejo, LLC will provide for engineering design and re-validation of the Environmental Impact Report for the Ortega Highway (SR 74) "City-Segment" Widening Project from Calle Entradero to the east City limits. This segment of roadway (approximately 0.9 miles in length) was previously excluded from the recently completed Ortega Highway (SR-74) Widening Project by the California Department of Transportation which constructed only the "County-portion" of roadway widening from the east City limits to Antonio Parkway I La Pata Avenue. HDR Engineering, Inc. was the firm responsible for preparing engineering plans and documents for both the "City-segment" and the "County-portion" of the original Ortega Highway Widening Project. Engineering documents for the "City- segment" were previously performed to approximately the sixty-five percent level of completion prior to the exclusion of work from the original project scope by the California Department of Transportation. Contract award to HDR Engineering, Inc. is recommended since the required project-specific services are only available from one responsible source, and would allow for continued and unimpeded development of the engineering documents to completion. Considerations for open competition/competitive bidding to any other source would result in substantial duplication of work, unacceptable delays, and result in unnecessary costs that cannot be recovered through competition. Also, the existence of limited rights in data makes the required project-specific services available from only one source. Staff has prepared and submitted a separate grant application recently to fund the right- of-way phase of work for the Ortega Highway (SR 7 4) "City-Segment" Widening Project, in response to the Orange County Transportation Authority's Comprehensive Transportation Funding Program "Call for Projects" for Fiscal Year 2014-2015. Staff is coordinating with the County of Orange for grant match funds. Per the Comprehensive Transportation Funding Program guidelines, a Resolution to authorize the submission of application for grant funds is required in order to formalize the funding request. Funding for the construction phase will be pursued by staff through future "Call for Projects" under the Comprehensive Transportation Funding Program. Additional funds for project construction in the amount of $10 million for Fiscal Year 2017-2018 will also be sought by the California Department of Transportation through the submission of the Interregional Transportation Improvement Plan (ITIP), as part of the State Transportation Improvement Program (STIP) to the California Transportation Commission for consideration of program adoption. The Interregional Transportation Improvement Plan fund programming for this project would be for Fiscal Year 2017- 2018. City Council Agenda Report November 5, 2013 Page 3 of 4 FISCAL IMPACT: The total cost to perform engineering design is $1,361,018. The City's portion is $911,013 which is paid for through the grant funding by the Orange County Transportation Authority. The remainder amount of $450,005 is paid for by Rancho Mission Viejo, LLC through the Funding Assistance Agreement that was approved by the City Council at the October 15, 2013, meeting. The funding provided by the Rancho Mission Viejo, LLC will fulfill the City's obligation to provide matching funds for the project as required by the Orange County Transportation Authority's Comprehensive Transportation Funding Program guidelines. Rancho Mission Viejo, LLC will issue a contract directly with HDR Engineering, Inc., for the amount of $450,005. Additionally, the Orange County Transportation Authority grant provides for up to ten percent (10%) of the engineering design contract cost, which is $136,101.80, for the City's administration and management of the design portion of the project. This brings the total eligible cost of the design portion of this project up to $1,497,119.80 to be funded from the $1.5 million grant. Funding for the right-of-way phase of this project is contingent upon the Orange County Transportation Authority's approval of grant funds in the amount of $3,480,000, and associated matching funds of $2,320,000 from the County of Orange. No local funding by the City is programmed for the project, inclusive of the engineering and the right-of- way phases. ENVIRONMENTAL IMPACT: The Final Environmental Impact Report (Final EIR) was previously completed in 2009, in compliance with the California Environmental Quality Act as part of the previously completed Ortega Highway (SR-74) "County-Portion" Widening Project from the east City limits to Antonio Parkway I La Pata Avenue. The Environmental Impact Report shall be re-validated as part of the project design effort by HDR Engineering, Inc. PRIOR CITY COUNCIL REVIEW: • On February 5, 2013, the City Council adopted a Resolution authorizing submission of an application for grant funds (for engineering design) in the Orange County Transportation Authority "Call for Projects" for the Ortega Highway (SR 74) "City- Segment" Widening Project from Calle Entradero to East City Limits. • On October 15, 2013, the City Council approved a Funding Assistance Agreement with Rancho Mission Viejo, LLC to secure developer matching funds in the amount of $450,000 for engineering design for the Ortega Highway (SR 74) "City-Segment" Widening Project. City Council Agenda Report November 5, 2013 Page 4 of 4 COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Kurt Brotcke (Orange County Transportation Authority) Jeff Thompson (Rancho Mission Viejo) Harry Persaud (Orange County Public Works) Camilo Rocha, P.E. (HDR Engineering, Inc.) James Pinheiro (California Department of Transportation) Lennie DeCaro ATTACHMENT(S): Attachment 1 -Location Map Attachment 2 -Resolution Attachment 3 -Personal Services Agreement Enclosure 1 -Overview of the Ortega Highway City-Segment Widening Project THE CITY OF SAN JUAN CAPISTRANO N A LOCATION MAP 0 3000 6000 9000 Feet ~~~iiiiiiiiiiiiiiiiiiiiil!!~~ Attachment 1 RESOLUTION No. 13-11-05-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SUBMITTAL OF A TRANSPORTATION IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM (ORTEGA HIGHWAY "CITY-SEGMENT" WIDENING PROJECT) WHEREAS, the City of San Juan Capistrano desires to implement the transportation improvement project listed below; and, WHEREAS, the City of San Juan Capistrano has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M "turnback" funds; and, WHEREAS, the City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; and, WHEREAS, the City of San Juan Capistrano will provide matching funds for the project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines; and, WHEREAS, the Orange County Transportation Authority intends to allocate funds for transportation improvement projects within the incorporated cities and the County; and, WHEREAS, the City of San Juan Capistrano will not use Measure M funds to supplant Developer Fees or other commitments; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Capistrano hereby requests the Orange County Transportation Authority allocate funds in the amounts specified in the City's application to said City from the Comprehensive Transportation Programs. Said funds shall be matched by funds from said City as required and shall be used as supplemental funding to aid the City in the improvement of the following transportation improvement project; Ortega Highway (SR-74) "City-Segment" Widening Project (From Calle Entradero to East City Limits) PASSED, APPROVED, AND ADOPTED this 5th day of November 2013. John Taylor, Mayor ATTEST: Maria Morris, City Clerk AITACHMENT2 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this __ day of 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and HDR Engineering, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to Prepare Plans, Specifications, and Cost Estimates (PS&E) for the Ortega Highway (SR-74) "City-Segment" Widening Project from Calle Entradero to East City limits (CIP 141 07); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A", exclusive of Items/Tasks #1, #2, and #4, attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2015. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $911 ,013 as set forth in Exhibit "8," exclusive of Items/Tasks #1, #2, and #4, attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 ATTACHMENT 3 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, 3 recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all 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 Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1 ,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form 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. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1 ,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. 4 Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1 ,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (1 0) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (1 0) day cure period. 5 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: To Consultant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. HDR Engineering, Inc. 3230 El Camino Real, Suite 200 Irvine, CA 92602 Attn: Camilo Rocha, P.E Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same affect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. 6 IN WITNESS WHEREOF. the parties hereto have executed this Agreement. ATIEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO By: ______________________ __ John Taylor, Mayor CONSU2---.~ By:~-~~~~--~~~~~~-­ Thomas T. Kim, Senior Vice President HDR Engineering, Inc. 7 Final Design and Environmental Approval Services for Ortega Highway Widening October 21, 2013 Mr. Khoon Tan, PE Senior Civil Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 EXHIBIT "A" Subject: Scope of Work and Fee Proposal for Final Design and Environmental Approval Services for the SR 74 (Ortega Highway) Widening Project in the City of San Juan Capsitrano Dear Mr. Tan: HDR Engineering, Inc., (HDR) is proud to present this proposal to the City of San Juan Capistrano (City), to undertake the consultant responsibilities to complete the PS&E and EIR Revalidation for the SR 74 (Ortega Highway) Widening Project from Calle Entradero to the eastern City limits. The City of San Juan Capistrano proposes to widen SR-74 (Ortega Highway) between Calle Entradero to the easterly City/County line from its existing two- lane configuration to four lanes with shoulders and a median. This Project was originally included within the widening project that HDR recently completed between the City of San Juan Capistrano/Orange County line to east of La Pata Avenue/Antonio Parkway. However, due to legal actions, the City segment was CONTACT INFORMATION: Project Manager Marc Cooley, PE Marc.Cooley@hdrinc.com Principal-in-Charge Camilo Rocha, PE Camilo.Rocha@hdrinc.com 3230 El Camino Real, Suite 200 lrvjoei CA 92602 ... ~ho~ f7i4}<739-i%OQ :f,~~~:i~4~~~~;k>.· h ••• removed from the original project. The improvements proposed are to complete the City segment of the original project, incorporate mitigation measures resulting from the legal action settlement, and eliminate the existing bottleneck along SR-74 between I-5/SR 74 Interchange and the City limits. The existing Interstate 5 (I- 5)/SR-74 Interchange is currently being upgraded to increase its capacity and improve operation. This Project will remove the existing bottleneck, improve mobility, and help SR-74 continue to serve as a vital link between Orange and Riverside Counties and the primary artery between the new Rancho Mission Viejo Developments and Interstate 5. The sincerity and solidity of our claim of being the visionary and technically competent consultant of choice is supported by more than 90 years of delivering superior engineering and architecture services in both large and small projects evidenced by peer reviews, industry recognitions and rankings, and satisfied local clients such as the County of Orange, Orange County Transportation Authority, City of Los Angeles, County of Los Angeles, Cal trans and others. For our Project team, we have assembled experienced professionals including former Caltrans engineers and managers possessing the technical and managerial expertise necessary for successful completion of this Project. Marc Cooley, PE, with proven technical leadership and successful delivery record in similar street improvement and interchange projects will be the HDR Project Manager. Marc Cooley has over 22 years of experience and has an extensive background in the design, management. and delivery of large highway improvement projects for local agencies. Marc is a "hands on" project manager who understands what it takes, from both a technical and procedural standpoint, to deliver a Caltrans PS&E package. Camilo Rocha, PE, will be Final Design and Environmental Approval Services for Ortega Highway Widening the HDR Principal in Charge and will provide organizational support and resources. He will utilize 25 combined years of experience in Caltrans Project Development, Environmental Planning and Engineering, Permits and Construction to assist Marc to successfully develop and complete this Project. Our team members, individually and collectively, have intimate knowledge of this project and its environment, the requirements for approval and implementation of the project, the utilities impacted and their approval processes, and the right-of-way impacts and required mitigations. We have studied all available documents, visited the project site, and are ready to start the Project. We are ready to complete the City Segment of the SR 74 (Ortega Widening) Project remove the existing bottleneck and improve mobility through the SR 74 Corridor. Our Project Manager, Marc Cooley, is available at (714) 368-5646 or Marc.Cooley@hdrinc.com to discuss the details of our plan of action with you and respond to your questions. Thank you for considering our team for this exciting opportunity. We look forward to meeting with you and to answering any questions that you may have regarding the HDR team, our qualifications, and experience. Sincerely, HDR Engineering, Inc. Thomas T. Kim, PE Senior Vice President/Southern California Transportation Manager Final Design and Environmental Approval Services for Ortega Highway Widening Introduction and Background Draft Scope of Services October 21, 2013 The City of San Juan Capistrano proposes to widen SR-74 (Ortega Highway) between Calle Entradero to the easterly City limits from its existing two-lane configuration to four lanes with shoulders and a median. SR-74 will continue to serve as a vital link between Orange and Riverside Counties and will be the primary artery between the new Rancho Mission Viejo development along SR-74 and Interstate 5. The existing SR-74 interchange at Interstate 5 is currently being upgraded to increase its capacity and improve operation. The portion of SR-74 between the City limits and Antonio Parkway (upper Ortega) has already been upgraded to a four lane facility with a median. The improvements proposed as part of this project will eliminate the existing bottleneck along SR-74 between I-5 and Antonio Parkway. In 2006, Rancho Mission Viejo (RMV) contracted with HDR engineering to complete the design and prepare construction bid documents for the widening SR-74 between Calle Entradero to just east of Antonio Parkway to support their planned residential development. However, the design work was placed on hold due to a lawsuit that was filed by the residents of the Hunt Club residential development against the City and Caltrans for the portion of the project within City limits (Lower Ortega). RMV decided to move forward with the design and construction of the Upper Ortega segment, with HDR preparing the bid package. Construction of this segment was completed in 2011. Meanwhile, Caltrans prepared a Project Report and EIR for the segment within City limits, both of which were approved in 2009. Based on the lawsuit settlement agreement, the following project features were added to the project to mitigate traffic, noise, and visual impacts to the community: • Install traffic signal at SR-74/Hunt Club Drive intersection • The Hunt Club guardhouse and all associated facilities shall be relocated to create space for queuing vehicles entering the community from SR-74 • Existing meandering sidewalk located along the north side of SR-74 fronting the Hunt Club development shall be replaced in kind to the extent possible • Additional landscape enhancements are to be included along the north side of SR-74 within the segment fronting the Hunt Club development. • Rubberized asphalt concrete along the project's roadway footprint. These additional design features will be incorporated into the construction bid package. The City has since secured funding from both OCTA and Rancho Mission Viejo to finish final design and complete the construction bid package (PS&E) for the segment within City limits. Work on the construction bid package had been advanced to approximately a 50%-65% level of design completion depending on the specific disciplines. The following scope of work is for the completion of this construction bid package and includes a revalidation of the EIR (CEQA) approved in 2009. This PS&E package will be completed in accordance with current Caltrans Page 1 Final Design and Environmental Approval Services for Ortega Highway Widening requirements and guidelines, and it is assumed that the construction contract for these improvements will be advertised, awarded, and administered by the City of San Juan Capistrano. The following scope of work is structured according to the following 8 major tasks: 1. Project Management, Coordination and Administration 2. Supplemental Surveys and Utility Coordination 3. Prepare Project Plans (Nonstructural) 4. Prepare Project Specifications (Nonstructural) 5. Prepare Engineer's Estimate (Nonstructural) 6. Prepare Structural PS&E for Special Design Retaining Walls 7. Prepare Supporting Reports and Documentation 8. Prepare Construction File At the direct ion of the City, the following scope of work does not include any bid or construction phase support services. The in-progress plans developed and put on hold in 2008 will serve as the basis for the completion of the PS&E package as part of this current contract. In addition to HDR the following subconsultants are proposed to provide support services as identified below: • Huitt Zollars: Surveys and mapping • GMU Geotechnical: Geotechnical reports • LSA: Supplemental noise studies As a condition of their development, Rancho Mission Viejo Development Corporation is contributing $450,000 towards the design services included as part of this scope of work. This work will be administered through a separate contract with RMV and will include all work covered under Tasks 1, 2, and 4 as described below. Invoices to the City will be prepared to clearly distinguish the amount being separately invoiced to RMV for these tasks. Scope of Work 1. Project Management, Coordination and Administration This task involves all work related to managing the project on behalf of HDR, including the preparation of the required project initiation documentation, conducting internal and external meetings and coordination, and the preparation of monthly invoices and progress reports. Hours for Tasks 1.2 and 1.3 are based on an assumed 12 month project schedule. 1.1 Prepare Project Guide HDR's Project Manager will prepare a Project Guide for this contract, which will outline the following information related to the work: • • • • Scope of work and schedule for task order Project team and client contact information Communication Plan Invoicing requirements and templates Page 2 Final Design and Environmental Approval Services for Ortega Highway Widening • Project team roles and responsibilities • Document control procedures • quality assurance/control procedures Included with the Project Guide will be a CPM baseline project schedule, which will be prepared using Microsoft Project and presented in Gantt chart format. The format will identify the anticipated start/end dates and durations for each task identified within the scope of work and will identify the critical path. This document will be distributed to all project team members, the City, and Caltrans and will act as a living document throughout the life of the contract. It will be updated as necessary to reflect any changes in protocol or other information included and redistr.ibuted. 1.2 Meetings and Coordination HDR will facilitate all necessary coordination with the City and Caltrans, and other stakeholders to complete the PS&E. This will include the following meetings: • Monthly coordination meetings with City staff to review and discuss technical issues, the project schedule, and financial matters. • Monthly PDT meetings with Caltrans District 12 staff to review the project status and discuss the need for technical focused meetings with select functional units. • Technical focused meeting with Caltrans functional unit staff to discuss and resolve technical issues related to the project design (12 assumed). • Additional ad-hoc meetings with other project stakeholders to discuss and resolve technical issues related to the project design and right of way needs (12 assumed). • Internal project team meetings will be held on a weekly basis throughout final design to facilitate interdisciplinary coordination and ensure all disciplines are making progress according to the project schedule. The number of meetings identified above will be based upon an 12 month final design schedule. 1.3 Progress Reports and Invoices Invoices will be generated on a monthly basis in accordance with the City of San Juan Capistrano invoicing guidelines. Progress reports will be generated to accompany each invoice, which will include the following information: • Work completed over the reporting period by task • Work to be completed over the upcoming reporting period by task • Progress schedule which will compare the status of each activity against the baseline • Identification of issues or concerns related to the schedule or budget. Task 1 Deliverables • Project Guide and updates as necessary • Baseline project schedule updated monthly status schedules • Meeting agendas, summaries, and presentation materials as appropriate Page 3 Final Design and Environmental Approval Services for Ortega Highway Widening • Monthly invoices and progress reports 2. Supplemental Surveys and Utility Coordination This task includes the identification of any changed conditions within the project limits that would warrant obtaining supplemental survey information and conducting the necessary survey work. It also involves work related to updating existing utility mapping (if necessary), the identification of conflicts with privately owned utilities, and the coordination with the impacted owners to develop relocation strategies and timelines for construction. 2.1 Supplemental Surveys Aerial Topographic Mapping: Aerial mapping was obtained for this project in 2006 based on NVGD29 vertical datum. Current Caltrans design criteria calls for the mapping to be generated based on NAVD88 datum, which has a differential of approximately 2.3 feet from NGVD29 datum. Based on this fact and the fact that this mapping is now approximately 7 years old, Huitt-Zollars (HZ) feels it is important to re-map the roadway based on the NAVD88 datum. Our scope of work for this includes the following: A. HZ will establish ground control based on County of Orange bench marks using the NAVD88 vertical datum for vertical control. For horizontal control, HZ will utilize the California Coordinate System (CCS83), Zone VI, 1983 North American Datum, 1991.35 Epoch Adjustment. Mapping will be obtained on this grid system and not adjusted to a "ground system". In doing so, over the approximate one mile of roadway design, the difference is 0.27 +/-feet. We are considering this as imperceptible for the project and the design of the roadway. B. HZ will include our sub-consultant (Digital Mapping Inc.,-DMI) to obtain the aerial mapping photography, and to compile the mapping at 1"=50' scale in accordance with Caltrans mapping standards. The mapping will be approximately 600 feet wide, 300 feet each side of the roadway and extend from just west of Calle Entradero to 500 feet east of the City boundary. C. Along with the mapping, HZ will obtain from our mapping sub-consultant, a color digital orthophoto of the project at 6" pixel resolution. D. HZ will utilize the shots obtained below under "Supplemental Topographic Mapping" to verify mapping accuracy for the product delivered to us from DMI. Supplemental Topographic Mapping: Due to the elapsed time since the original mapping was developed, HZ recommends obtaining supplemental topo to make certain existing conditions are represented accurately. This supplemental topo will consist of the following: A. Perform cross sections of the existing roadway from top of curb (or edge of pavement) to top of curb (or edge of pavement) on an approximate 50' interval. We feel strongly that this should be done since we are not aware of whether or not there has been any resurfacing in the last 7 years. If there has been no resurfacing, it will validate existing conditions. B. 60 hours of additional field time is being included to conduct any additional supplemental surveys at locations where the existing condition has changed relative to 2006 or additional information is Page 4 Final Design and Environmental Approval Services for Ortego Highway Widening necessary to complete the design work. HZ is providing a budget amount for this item, based upon 60 hours of field time, utilizing a three person survey crew, 40 hours of office time for a Project Surveyor to plot the information and 16 hours for the survey manager. 2.2 Utility Research and Coordination HDR will conduct a field review of the project limits to compare observed existing utility facilities and above ground appurtenances against the current existing utilities mapping. Any new facilities observed in the field will be noted on the plans and the owner will be identified. HDR will prepare notification letters to all utility owners with facilities within the project limits to notify them of the reactivation of the project, identify the facilities currently identified within the project limits that fall under their ownership, discuss the final design schedule, and request that they verify the location of their facilities as shown on the current existing utilities plans. Additional facilities mapping received from utility owners in response to the notification letters will be cross checked against the existing utilities composite. The composite will be updated if necessary to reflect any newly constructed facilities. Once the existing utilities composite has been updated to reflect the current existing condition, facilities in conflict with the proposed improvements will be identified. Owners with utility conflicts will be notified via letter; exhibits clearly identifying the conflicts to each owner's facilities will accompany each letter. If any newly added facilities appear to be in conflict with the proposed construction, potholing may be recommended to confirm the exact location of selected facilities. This work is excluded from HDR's fee proposal. In conjunction with the existing utilities composite, a Utility Matrix will be prepared that will include the following information: • Utility ownership, type, location, and depth • Ownership rights, easements, and franchise agreements • High or low risk determinations • Disposition of each utility • Utility conflicts • Removal and relocation requirements (lengths and limits) • Estimated relocation costs • Reconstruction and adjustments of manholes, handholes, vaults, and other surface appurtenances The Utility Matrix will also track the progress and schedule of each impacted utility, including all correspondence with each owner in order to have the utilities relocated prior to the start of the roadway construction. Any relocation plans prepared by owners will be obtained and included in the contract bid documents for reference. Any utility owner with an impacted facility that must be relocated prior to or during construction will be issued a "Notice to Relocate" in accordance with City and Caltrans requirements. Page 5 Final Design and Environmental Approval Services for Ortega Highway Widening HDR will conduct face to face meetings with the individual impacted utility owners at the following milestones to facilitate the development of mitigation strategies by the owners: • After the conflict notification letters are sent out, HDR will work with the impacted owners to schedule one on one meeting to review and discuss the nature of the impact. At these meetings, HDR will work with the owners at the meetings to establish a reasonable timeline for the development of a mitigation strategy. • HDR will meet with the impacted owners after they have developed an initial mitigation strategy. At this meeting, a timeline for the completion of the detailed plans will be established that ties into the submittal date for the Right of Way Certification package. • HDR will conduct status meetings or conference calls with the impacted owners to track the status of their design work to help ensure that their deadlines for completion are being met. HDR will prepare/compile the necessary utility relocation information to be included in the Right of Way Certification Package submitted to Caltrans for approval prior to the issuance of an encroachment permit for construction. Task 2 Deliverables • Supplemental field survey data and updated topographic mapping • Utility notification letters (initial letters and conflict identification letters) • Updated existing utilities composite and utility matrix • Meeting agendas, summaries, and presentation materials 3. Prepare Roadway Plans This task involves the completion of plans for all elements of the proposed roadway improvements except for the nonstandard retaining walls, which are covered under Task 6. All plans will be prepared in accordance with the requirements set forth in the most current versions of the Caltrans Plans Preparation and CADD Manuals and the PS&E Guide. The plans prepared in 2008 (prior to the project being put on hold and the designs therein) will be utilized as the basis for reinitiating the design development and plan preparation. The current roadway designs will be reviewed for conformity with current 2010 Caltrans Design Standards, the recently issued DIB 82- 95 for pedestrian facilities, and other applicable current agency standards. Milestone submittals to both Caltrans and the City will be made at the 65%, 95%, and 100% design phases. Subtasks will be assigned under Task 3 for the individual plan preparation for the following disciplines: General and Roadway/Civil Plans These plans will include the title sheet, key map, typical sections, layouts, profiles/superelevations, removals, additional construction details, contour grading, and summary of quantities. Drainage Plans These plans will include drainage layouts, profiles, details as needed, and summary of quantities. Water Pollution Control and Erosion Control Plans These Water Pollution Control Plans will include layouts depicting proposed temporary construction area BMP's by stage, while the Erosion Control Plans will depict BMP's installed after construction is complete. Page 6 Final Design and Environmental Approval Services for Ortega Highway Widening Utility Plans These plans will include layout depicting the existing and proposed locations of both underground and overhead utility facilities within the project limits. Detail sheets will be included as necessary to clearly depict relocation strategies. Construction Staging, Traffic Handling, and Detour Plans These plans will include construction area sign layouts, stage construction layouts, traffic handling layouts and cross sections for each stage identified, and detour layouts for each stage. Pavement Delineation Plans These plans will include layouts depicting the proposed roadway striping and pavement markings. Sign Plans These plans will include sign layouts, details, and quantity summaries. Prepare Lighting, Signal, and Electrical Plans These plans will include street lighting & sign illumination layouts. A traffic signal plan will be prepared for the proposed signal at the intersection of SR-74 and Hunt Club Drive. Standard Retaining Wall Plans (if needed) These plans will include the designs for any standard Caltrans retaining walls per the 2010 Standard Plans. No standard retaining walls are included in the current progress plans completed in 2009. Planting & Irrigation Plans These plans will include a plant list, planting layouts, irrigation removal plans, irrigation layouts, and a sprinkler schedule. Upon receipt of agency review comments after each milestone submittal, HDR will generate responses to comments utilizing a standard comment-response matrix. The draft responses will be submitted to the reviewers for review, and workshops will be scheduled with each reviewer to review HDR's responses and reach a consensus on the nature of the revisions needed to address each comment. Task 3 Deliverables • 65%, 95%, 100%, and Final Plan Set • Response to comment matrices • Standards review results table 4. Prepare Roadway Specifications HDR will prepare technical specifications as needed for the roadway items to supplement the 2010 Caltrans Standard Specifications. Milestone submittals to both Caltrans and the City will be made in conjunction with the project plans at the 65%, 95%, and 100% design phases. It is assumed that HDR will be responsible for the preparation of technical specifications only. The remainder of the project specification package will be the responsibility of the City. The 65% submittal will include unedited Standard Special Provisions to the 2010 Page 7 Final Design and Environmental Approval Services for Ortega Highway Widening Standard Specifications only, while the following submittals will include edited Standard Special Provisions and any Nonstandard Special Provisions that may be required. It is assumed that the City will be advertising, awarding, and administering the construction contract and thus will be dictating the format of the project specifications. Technical specifications will be formatted to match that of the overall specification package but will written to reference the 2010 Caltrans Standard Specifications and provide the necessary Special Provisions as needed. Upon receipt of agency review comments after each milestone submittal, HDR will generate responses to comments utilizing a standard comment-response matrix. The draft responses will be submitted to the reviewers for review, and workshops will be scheduled with each reviewer to review HDR's responses and reach a consensus on the nature of the revisions needed to address each comment. Task 4 Deliverables • 65%, 95%, 100%, and Final Technical Specifications • Response to comment matrices 5. Prepare Engineer's Estimate for Construction HDR will develop an Engineer's Estimate of the estimated construction cost and include with all milestone submittals. The estimate will be prepared using either a standard costing template provided by the City, or one can be developed by HDR. If one is prepared by HDR, it will be submitted to the City for review and approval prior to developing the estimate. A separate cost estimate for the nonstandard retaining walls will be prepared as part of Task 6, which will be incorporated into the master estimate prepared as part of this task. The estimate will be based upon the pay items and quantities identified within the project plans. The cost estimate will list all pay items and their associated unit cost to calculate a total cost for each. Unit costs will be obtained from available resources including recent bid data on similar project, and from the 2012 Caltrans Cost Database. Task 5 Deliverables • 65%, 95%, 100%, and Final Engineer's Estimates 6. Prepare Structures PS&E This task involves the completion of plans for all nonstandard retaining walls and sound walls included as part of the project design. The current design as of 2008 includes five nonstandard retaining walls and three sound walls for which plans were prepared. In addition, a foundation plan and details will be needed for the relocated guard shack at the Hunt Club Drive intersection per the lawsuit settlement agreement. All submittals will be processed through Caltrans Office of Specially Funded Projects (OSFP), and all deliverables for structures within State right of way will be prepared in accordance with the latest edition of he OSFP Information and Procedures Guide. Unchecked and Checked Structures Submittals to OSFP are assumed as part of this scope of work per OSFP guidelines. Type Selection Approval for the nonstandard walls was obtained by Caltrans as part of an earlier project phase. 6.1 65% Structures Unchecked Details Submittal Page 8 Final Design and Environmental Approval Services for Ortega Highway Widening The current wall plans will be reviewed and compared against the most current Caltrans structural design standards and seismic design criteria to determine if any design changes are needed to comply with current requirements. If any are identified, they will be tabulated and presented to the City and Caltrans for review and concurrence. These findings will be documented within a technical memorandum that will be submitted to Caltrans and the City for review and concurrence. Once concurrence is obtained, the designs will be modified accordingly and advanced to a 65% level of design completion in preparation for the Structures Unchecked Details Submittal to Caltrans Structures. A copy of the Draft Foundation Report will be included with the plans as part of this submittal. No special provisions will be included as part of this submittal in accordance with OSFP guidelines. 6.2 Structures PS&E The structures PS&E package will be submitted in a series of three milestone submittals to OSFP staff in accordance procedures; which include an initial (90%), intermediate (100%), and final submittal. HDR will prepare all structural design calculations, independent check structural calculations, plans, specifications, and estimate in accordance with the latest edition of the OSFP Information and Procedures Guide. The retaining and sound walls will be designed in accordance with the applicable provisions of the most current versions of the following Caltrans manuals: • AASHTO LRFD Bridge Design Specifications • Caltrans Bridge Memos to Designers • Caltrans Bridge Design Aids A complete bound set of the structural design calculations will be packaged and submitted to Caltrans OSFP for review as required in the OSFP Information and Procedures Guide with each Structures PS&E Submittal. Wall designs will be independently checked by a California registered civil engineer experienced in retaining wall design in accordance with the applicable Caltrans manuals. The independent check calculations will include all analysis and computations that are necessary to independently check all aspects of the design shown on the draft structure plans. Results from the independent check calculations will be compared with the design, and any discrepancies will be resolved between the designer and checker and the resolutions documented in the calculations. A complete bound set of the independent check structural design calculations will be packaged and submitted to Caltrans OSFP for review as required in the OSFP Information and Procedures Guide with each Structures PS&E submittal. Plans HDR will prepare the structures plan in conformance with the detailing and formatting standards contained within the Caltrans Plans Preparation Manual and the Bridge Design Details Manual. The plans will be prepared using the most current Caltrans standards, including the most current Caltrans-formatted border sheets, Standard Detail Sheets (XS sheets), and Standard Plans. HDR will submit reduced size paper plans except as part of the final submittal when a full size set of structure plans is required for the OSFP Liaison Engineer to sign for approval. Page 9 Final Design and Environmental Approval Services for Ortega Highway Widening Specifications HDR will prepare the Structures Special Provisions in accordance with the Caltrans Ready to List and Construction Contract Award Guide. The Structures Special Provisions will be consist of the most current versions of the Caltrans Standard Special Provisions (SSP's) edited to suit the specific requirements of the project. The SSP's will include a thorough description and the method of measurement and payment for each bid item. Estimate Upon completion and resolution of the independent check structural design calculations, HDR will prepare structure quantity calculations and engineer's estimate of the structures cost and submit the engineer's estimate as part of the PS&E package at each milestone submittal. Preparation of these documents will conform to the requirements on the Bridge Design Aids Manual and Ready-to-List and Construction Contract Award Guide (RTL Guide). Task 6 Deliverables • Design standards conformation technical memorandum • Structural design calculations • Independent check structural design calculations • Structures plans (65%, initial, intermediate, and final submittals) • Structures Special Provisions (initial, intermediate, and final submittals) • Structures quantity calculations and engineer's estimate 7. Prepare Supporting Reports and Documentation This task involves the preparation of reports and additional supporting documentation needed to facilitate design and approval of the PS&E package by Caltrans. Included as part of this task is the revalidation of the Final project EIR prepared by Caltrans and approved in 2009. 7.1 Drainage and Storm Water Reports Hydrology and Drainage Report HDR will perform a hydrology study of the project under pre-and post-project conditions. The study will delineate watersheds for project areas tributary to the project limits along SR-74 and will compute flow rates to existing and proposed on-site storm drain inlets. The hydrology study will consist of Rational Method analysis performed in accordance with the Orange County Hydrology Manual. On-site drains collecting runoff from at-grade areas will be analyzed for a 25-year return frequency storm event. HDR will prepare a hydrology and drainage report to present a narrative of the hydrologic and hydraulic assumptions, analyses, and designs required for the proposed improvements. The design report will include summary tables of pre-and post-project condition hydrologic and hydraulic analyses of sub-catchments and storm water conveyances along SR-74. The report will present the design flow rates, proposed inlet geometries, and hydraulic grade lines. The engineering calculations relevant to the hydrologic analysis and hydraulic design of the proposed drainage improvements and a set of 65% drainage improvement plans will Page 10 Final Design and Environmental Approval Services for Ortega Highway Widening be included in the report appendices. The design of any facilities within the Caltrans right of way will be conducted in accordance with the Cal trans standards as defined in Chapter 830 of the Highway Design Manual. Improvements within City right of way will be designed to City standards, as defined by the Orange County Local Drainage Manual and subsequent City modifications. In the event of a conflict between the two standards, the more conservative will be applied and noted within the design calculations. Storm Water Data Report HDR will prepare a water quality evaluation in accordance with the most current edition of the Caltrans Storm Water Quality Handbook, Regional Water Quality Control Board (RWQCB), and City criteria for project areas within State right of way. The water quality evaluation will be used to identify interim construction period and permanent water quality Best Management Practices (BMP's) required for compliance with the National Pollution Discharge Elimination System (NPDES). Selection of BMP's will be based upon the recommendations of the Storm Water Data Report, treatment effectiveness, cost and right of way considerations, ease of maintenance, and other relevant factors. Construction period BMP's will be identified on project plans at sufficient detail to provide for quantity and cost estimates. Permanent post construction BMP's will be incorporated into the project design to demonstrate their viability and compatibility with other project features. A discussion of permanent post-construction BMP's will be included in the SWDR in accordance with Caltrans criteria that will define water quality design issues, erosion control, and BMP measures. The SWDR will demonstrate compliance with RWQCB requirements, will include construction cost estimates, and will describe maintenance requirements of the facilities. The SWDR will consider and provide recommendations for BMP implementation during construction activities. BMP's will be specified to safeguard water quality due to construction site runoff. BMP recommendations will conform to the latest edition of the Caltrans Storm Water Quality Handbook, Construction Site BMP Manual. The construction phase BMP's will be depicted on project plans and will constitute the Storm Water Pollution Prevention Plan for construction in areas within State right of way. A draft of the PS&E SWDR will be submitted as part of the 65% milestone submittal. Any comments received as part of the agency review of the draft document will be addressed during the 95% design phase. The report will be revised to address the comments, and the final version will be submitted as part of the 95% milestone submittal. Water Quality Management Plan As required by the City, a project specific Water Quality Management Plan (WQMP) will be prepared in accordance with NPDES and San Diego Regional Water Quality Control Board criteria. The WQMP will identify BMP's for the management of storm water runoff water quality. While the WQMP will address areas outside of Caltrans right of way, the contents of the WQMP will integrate with the SWDR as prepared in accordance with Caltrans criteria in order to address all sources of runoff within the project area. 7.2 Geotechnical and Foundation Reports A geotechnical report was prepared for the project by GMU Geotechnical Inc. in 2007. This report provided all necessary design recommendations for grading, slopes, pavement structural sections, and wall foundations needed to complete the PS&E package. A draft report was submitted to Caltrans. Comments Page 11 Final Design and Environmental Approval Services for Ortega Highway Widening were provided, and the report was updated to include the responses to comments and to include the necessary document revisions to address the comments received. It is envisioned that as part of this upcoming phase, the report will need to be amended as necessary to comply with current seismic design requirements and other new applicable Caltrans standards and guidelines. The report will be updated as necessary by GMU and submitted to Caltrans for review and comment. GMU will prepare responses to comments and coordinate with Caltrans to reach a resolution to all comments received. The report will b updated as necessary to address the comments, and a final version will be submitted to Caltrans for approval. 7.3 Environmental Documentation and Permitting The project EIR prepared by Caltrans was approved in November, 2009. Since it's been over three years since the EIR was approved and the lawsuit settlement mitigation elements added, a revalidation of the document will be required. Assuming the project footprint/parameters do not change relative to what was assumed in the approved EIR. it is likely that Caltrans will only require the preparation of a Revalidation Form. It is assumed for this scope that HDR will be responsible for preparing the necessary revalidation documentation and obtaining Caltrans approval. This scope of work applies to the revalidation of the CEQA document only (Environmental Impact Report). 7.3.1 Project Description Update/Modification HDR environmental staff will coordinate with the engineering team to prepare an updated Project Description that reflects the updates to the project. This task will involve utilizing "Chapter 1 Proposed Project" from the currently certified EIR. and updating, if necessary, in strikeout/underline format any changes to the project as part of the current design efforts. If no changes to the project have occurred, this task will also demonstrate that fact, which is an important component of the revalidation criteria. 7.3.2 Review Certified EIR (Including Technical Studies) HDR environmental staff will conduct a detailed review of the certified EIR to determine whether any changes in the environmental setting or circumstances (e.g., new law or regulation), or project description (if applicable) would affect the existing environmental analysis within the EIR. 7.3.3 Prepare Exhibit 6-G NEPA/CEQA Revalidation Form (Local Assistance Procedures Manual) HDR will prepare "Exhibit 6-G NEPA/CEQA Revalidation Form" from the Local Assistance Procedures Manual including "continuation sheets" as necessary to justify the revalidation of the previously certified EIR. We anticipate this work product to be reviewed once by City staff, with a round of revisions, and then submittal to Caltrans environmental staff for review/comment. For purposes of this scope of work, we anticipate one round of revisions based on Caltrans review/comment. 7.3.4 Update Noise Analysis LSA will prepare a written letter on behalf of the California Department of Transportation (Caltrans) to notify residences located at the Hunt Club of the noise study prior to the commencement of the work. LSA will also prepare a revised technical noise impact analysis addendum to revalidate the July 8, 2008 Final Technical Noise Impact Analysis Report Addendum for the SR-74 from Calle Entradero to 0.43 Page 12 Final Design and Environmental Approval Services for Ortega Highway Widening kilometers East of La Pata Avenue project. The noise impact analysis will follow the August 2006 Caltrans Traffic Noise Analysis Protocol to address traffic noise impacts within the project limits. Ambient noise level measurements will be conducted to establish the existing noise environment at representative noise-sensitive land uses located north of SR-74 (Ortega Highway) between Calle Entradero and Hunt Club Drive. Short-term (10-minute) noise level measurements will be made at up to 3 locations with concurrent traffic counts to document the existing noise environment and to calibrate the traffic noise model. Observations of other noise sources, existing barriers, terrains, building heights, and other site specific information will be noted during each measurement period. To be consistent with the previously approved noise impact analysis, the SOUND32 noise prediction model will be used to evaluate the traffic noise levels associated with the Existing, Future No Build, and one build Alternative. The model input data will include updated existing and future peak-hour traffic volumes and updated vehicle mix (automobile, medium trucks, and heavy trucks). Previously assumed vehicle speeds, ground attenuation factors, and roadway configurations will remain the same. Noise abatement measures (sound barriers) designed to reduce long-term traffic noise impacts by 5 dBA or more, as required to be feasible, will be evaluated. Worksheets A and B with a base allowance of $36,000 to calculate the reasonable allowance for each barrier height will be completed consistent to the July 8, 2008 Final Technical Noise Impact Analysis Report Addendum. Also, a reasonableness analysis will be conducted by comparing the estimated noise barrier construction cost of the sound barrier to the reasonable allowance for each barrier height. The revised technical noise impact analysis addendum will update the traffic noise levels and noise abatement measures in the July 8, 2008 Final Technical Noise Impact Analysis Report Addendum. 7 .3.5 Meetings/Coordination HDR environmental staff will meet and/or coordinate with the project team, City and Caltrans as needed to complete the revalidation process. 7.3.6 Permitting HDR will also prepare the necessary resource agency permits needed for construction as identified in the approved EIR. These include: • US Army Corps of Engineers -Section 404 Permit • California Department of Fish and Game-Section 1602 Permit • Regional Water Quality Control Board-Section 401 Water Quality Certification and National Pollutant Discharge Elimination System (NPDES) Permit • San of San Juan Capistrano -Tree Removal Permit These permits will be prepared and submitted to the resource agencies for approval. HDR will coordinate with the agencies as necessary to address their comments and concerns regarding the project to facilitate permit approval. This task does not include costs associated with acquisition of mitigation credits or costs associated with compensatory mitigation. Page 13 Final Design and Environmental Approval Services for Ortega Highway Widening 7.4 Transportation Management Plan HDR will prepare the Draft and Final Transportation Management Plan (TMP) in accordance with current Caltrans procedures and Guidelines. The TMP will identify specific measures that can be taken by the City during construction to reduce impacts due to construction on the traveling public and to provide travel through and around the work area. These may include: • Public awareness campaign • Properly signed detours or alternative routes • Fixed and portable changeable message signs • Traffic signal modifications • Traffic Management Center coordination • Traffic Management Team coordination • Freeway service patrol • Coordination with local agencies during construction closures • Advanced Traffic Management Systems (ATMS) • Coordination with emergency services (police, fire, paramedics, etc.) during construction closures The Draft TMP will be submitted to Caltrans and the City for review and comment in conjunction with the 65% submittal package. HDR will meet with Caltrans and the City to resolve any comments received, and the document will be revised accordingly. The Final TMP will be submitted for review and approval as part of the 95% submittal package. 7.5 Supplemental Project Report HDR will prepare a Supplemental Project Report (PR) to document any significant geometric design changes associated with the project since the original Project Report was approved in 2009. HDR will prepare a Draft Supplemental PR and submit to Caltrans for review and comment. HDR will work with Caltrans to address/resolve any comments received on the draft document and will prepare a Final PR. The Final Supplemental PR will be submitted to Caltrans for approval and signatures. 7.6 Supplemental Fact Sheets The current proposed design will be evaluated against the most current 2012 version of the Caltrans Highway Design Manual and DIB 82-05. The intent of this review will be to determine if any revised design standards (relative to the 2006 version) affect the design. If any design elements are impacted, these elements will be tabulated with a detailed explanation as to the reason for the nonstandard design element. HDR will assess whether design changes can be implemented to meet the current design standards; and if so, what are the impacts to the overall design and project cost. HDR will determine based upon this assessment if the impacts of meeting current standards warrant the request for a design exception. If any new design exceptions are found by the HDR team to be warranted, HDR will present their findings to Caltrans District 12 staff. If concurrence on the need for any design exceptions is obtained by Caltrans, HDR will prepare Supplemental Advisory and/or Mandatory Fact Sheets to document these design exceptions and submit to Caltrans for approval. Page 14 Final Design and Environmental Approval Services for Ortega Highway Widening If it is determined by HDR and/or Caltrans that any newly identified nonstandard features can be mitigated through design changes, HDR will revise the project's design accordingly prior to issuing the 65% submittal. 7. 7 Safety Committee Review HDR will coordinate with Caltrans District 12 staff during the 95% design phase to schedule a District Safety Committee Review of the 95% plans. Copies of the 95% plans will be submitted to the committee for review, after which a meeting with the committee will be scheduled to review their comments. After receiving the memorandum generated by the committee that summarizes their comments, HDR will generate draft responses which they will share with the committee at the review meeting. After reaching concurrence on the necessary project changes needed to address their comments, HDR will incorporate noted modifications to the plans as part of the 100% design phase. Task 7 Deliverables • Draft/Final Hydrology and Drainage Report • Draft/Final Storm Water Data Report • Draft/Final Water Quality Management Plan • Final Geotechnical Design Report • Final Structures Foundation Report • Final Materials Report • Environmental Revalidation Forms and documentation • Resource Agency Permits • Supplemental Project Report (Draft and Final) • Draft and Final Mandatory/Advisory Fact Sheets (if needed) • Safety Committee Review Comment-Response Matrix 8. Prepare Construction File This task involves the submittal of all project CADD files to the City and the preparation of the Resident Engineer's file. 8.1 CADD Submittal At the completion of the project, the CADD files will be submitted to the City in .DWG format on a CD/DVD. Separate PDF's of each plan sheet and a single PDF of the entire plan set will also be included on the disk. 8.2 RE Binder The HDR team will be responsible for furnishing the City's designated Resident Engineer (RE) with any pertinent project data required to administer the construction contract. The information will be compiled into an RE file, which will include but not be limited to the following items: • • • Quantity calculations Environmental mitigation requirements and disposition matrix R/W easements, descriptions, contracts, and obligations Page 15 Final Design and Environmental Approval Services for Ortega Highway Widening • Agreements and permits for construction • Project cost estimates • Hydrology/drainage and water quality reports • Geotechnical and foundation reports • Contract documents • Survey data files • Construction staking cross sections (prepared per Caltrans guidelines) Task 8 Deliverables • CD/DVD of CADD files and plan set PDF's • RE file Page 16 1 2 3 4 5 • L • • II ~ li "'~ !I U D I{ .&"' Staff Tille -I: t~ ~· J.e!. l!:!. t::.-u l .lij f ~ onct Lecw Rae. cuwent lhrouah o.c.,.ber 30. 2011 $ 2 .. I$ 221 $ .... $ 1U $ 251 1.1 Prepare Project Guide 2 24 1.2 CoonJinotlon and Mfftlngs Internal weekly meetlnas 8 140 40 40 8 Monttlty POT meetinas 12 40 24 36 8 Rqular City mHtin&s 12 80 16 37 8 Additional ad-hoc focused meetin&s 12 40 24 36 8 1.3 Procress Reports and Invoices 4 40 . ~11' _. ~ . 2.1 Conduct supplemental surveys . 8 8 24 2.2 Conduct suppletMntol utility nsearch & coordination t 2.2.1 Conduct fletd review 4 2.2.2 Submit exlstln& utilities plans to owners for concurrence 4 2.2.3 Update exlstlnc utilities plans and identify new conflicts 2.2.4 Pothole to confirm (If needed) 4 2.2.5 Notify utility companies of conflicts and Issue notice to relocate 4 2.2.6 Coordinate with utiUty owners on relocation desl&n development 4 16 2.2.7 Prepare Utility Certiflatlon Documents 2 --. -. 3.1 Prepare GeneraVRoadway Plans 10 32 80 3.2 Prepare Drainaae Plans 10 20 32 3.3 PrePitre Water Pollution Control and Erosion Control Plans 10 16 3.4 Prepare Utility Plans 10 16 3.5 Prepare Construction StaJinc/Traffic Handlina/Detour Plans 4 8 3.6 Prepare Pavement Delineation Plans 4 8 3.7 Prepare Si1n Plans 4 8 3.8 Prepare lilhtin& Si&nal, and Electrical Plans 4 8 3.9 Prepare Plantin1 & lrril;ation Plans 4 8 3.10 PrePi're Standard Retalnln1 Watt Plans . . . 4.1 Prepare unedited special provisions (65%) .. 12 40 4.2 Prepare draft edited special provisions (95%) 8 80 4.3 Prepare final special provisions (1()0%} 4 40 . . 5.1 Prepare Draft Enaineer's Estimate (65%) 4 8 5.2 Prepare Draft Final Enclneer's Estimate (95%) 2 4 5.3 Prepare Final Enctneer's Estimae (lCIO%) I 2 -~ . 6.1 Prepare 65" Unchedced Details Submittal 22 108 6.2 Prrpare Structures PS&E (Initio/, Intermediate, ond Fino/) 6.2.1 Prepare structures plans 32 136 6.2.2 Prepare aesthetic plans 6.2.3 Prepare SSP's 5 27 14 6.2.4 Prepare Encineer's Estimate 5 II 7.1 Drain~e and Stormwater 7.1.1 Prepare Final Drain~e Report 4 16 32 7.1.2 Prepare Draft/Final Stormwater Data Report 4 8 7.1.3 Prepare Water Quality Manacement Pian 2 4 7.2 Geotechnical Reports 2 4 7.3 Environmental Documentation and Permittin& 7.3.1 Revalidated EIR 8 16 20 100 7.3.2 Permittin& 2 12 146 7.4 Traffic Ma~ement Plan 4 7.5 Supplemental Project Report 4 16 40 80 40 7.6 Supplemental Fact Sheets 4 8 80 7.7 District Safety Committee Rev;ew 4 8 2 40 ~-' . -•· . • . 8.1 CA005ubmltta1 . 2 4 8.2 RE Binder 4 16 Total Hour• M .. .. ., ... Tolal Labor· $ 24.412 $ 147.762 $ 91,224 $ 160,746 $ 81,944 Other Direct Com TOTAL CONIRACT COST ---·-6 7 8 ~~ i}t ~ ~-i tl il a ~~ 173 $ 112 103 . . . . 4 4 4 4 -. :-12 16 80 8 4 8 4 4 8 . . 8 16 4 . . 2 I I 22 162 135 20 200 200 II 54 27 3 14 32 . 24 100 16 80 4 4 8 6 . . . .. . .. ... $ 39.689 $ 57.135 $ 67,166 9 I :u· H " ~ $ 13t 41 18 18 4 --~ 100 100 6 12 4 8 4 2 . 260 120 80 16 4 . m $ 110.587 City of San Juan Capistrano Fee Proposal for SR-74 Widen Inc From Calle Entradero to Easterly City limits 10 11 12 13 14 I I .. IJ " I 1.-:-fl~ li' J-=-~~ ~~~ 1-!t i! t~ il u_ ... ... ! ! u $ " 1M $ 1U I$ "' $ ,.. 40 16 "' 40 12 48 12 18 "' 12 48 12 18 "' 12 . . . 16 28 24 8 40 16 16 32 12 40 72 4 40 --~--. 180 20 80 56 so 60 20 40 12 20 12 20 8 20 6 6 4 12 12 8 4 4 2 . 16 8 40 8 4 24 4 2 14 . . I . 5 . 104 so so 24 36 80 16 16 8 24 8 8 " . . 60 1----• $ 105,050 $ 18,411 $ 32.864 $ 75.388 $ 15,851 ------------------HDR Encineerlnc Inc. 15 18 20 19 21 22 23 24 25 Subc--jl ,. ~ s.i' I o ! I :1 "' D~ ), ti I! ,. ; I I l~ u l 01; .c'i -8!::!. & l l d c 8 u .. ! l~ ~~ c :z: :q ~~ •J c c u ! • J ! ! J:::. u u :z: ~ .. _ i 1'5 ! ~-l 'li ~ "' l !u ~Ji .!! "'c $ "' $ 161 $ 1 .. $ "' $ ... I$ 103 $ 134 111 $ " . . . . . . . 16 4 $7.520 $7.52f IC $C 20 20 4 4 463 $84.630 $84.""' 20 27 ~.62. $46,62 16 169 $35.07 $35.07 20 27 $46.62 $46.62 48 9 $14.766 $1 •• 766 . . . . . . . --II. -. ~ . ~ 44 $8.444 $ 82.370 $90,81 IC $C 48 $7,139 $7.139 8 8 56 $7.061! $7.06! 10 10 80 $9,727 $9.72 20 $3.39 _$3.39 12 12 76 $9,497 $9.497 132 $19,73! $19.73! so $8.1 $8,HY. . --. ---..... -II 11!1 1111 -so so 434 $59.83 $59.83 60 60 458 $60.400 $60,400 40 40 27 $35,75 $35.75 "' "' 20( $29,195 $29.195 16 16 II $14,236 $14,236 10 10 ., $6,991 $8.991 10 10 ., $6,991 $8.991 4 4 .. $7,465 $7.465 so 80 20 20 190 $25,47 $25.47 IC IC . . . . . . . .... 6 6 94 $16,84 $16.840 12 12 17 $:xl.037 $:xl.037 4 4 70 $12,395 $12.395 . . . . . --8 8 102 $14.74S $1<.74S 4 4 55 $8.039 $8.039 2 2 "' $4.439 $4.439 . . . . ''-l_l -27 54 68 68 664 $90.92C $90.92C 0 IC IC 104 104 876 $116,69 $116,69 27 108 27 27 189 $23.27 $23.27 138 $20,051 $20.051 70 $9,69 $9.69 . . . . . . IC IC 540 $71,25C $71.25C 278 $34,91 $34,91 140 $17,89 $17,89 16 46 $7,733 $ 9,615 $17.3413 0 IC IC 14 $35,154 $ 26,CXX> $61.15 160 $40,27 $40.27 124 $14,15 $14,15 60 """ $57,324 $57.324 122 $20.89 $20.89 74 $12859 $12.859 . . . . . . • ... . !4j -Ll . II. . -16 16 38 $5.101 $5.1 14 14 108 $13.154 $13,154 IC " • n M N •• ., -•• Ull $ 1.906 $ 9,670 $ 13.444 $ 11.177 $ 19,740 $ 18.522 $ 66.640 $ 55,750 $ 11.508 $1,2U,W $ 12,370 $ 26,000 $ t,615 $tM,51 ........ ...... $ 1,000 ...... $1,242,033 $ 13,370 $ 26,000 $ t,615 $ 911,013 $ 450,005 EXHIBIT "B" 10/21/2013 EXHIBIT "C" City of San Juan Capistrano CTO PRICING PROPOSAL "FORM 60" Contract No.: CTO No.: Consultant Initials HDR Page 1 of 1 Consultant: HDR Engineering, Inc. Revision 00 Services to be furnished: Location where work is to be performed: HDR Offices: Final design services for Lower Ortega Widening Irvine DETAILED DESCRIPTION OF COST ELEMENTS 1. LABOR ESTIMATED AVG.FULLY ESTIMATED TOTAL (specify function/title) HOURS BURDENED COST ESTIMATED Principal in Charge (Rocha) 94 $ 260 $ 24.412 .. . : · . Project Manager (Cooley) 648 $ 228 $ 147,762 .... '• : Structures Manager (Johnson) 436 $ 209 $ 91,224 : ..... :; .. CivilfTraffic Manager {Crouch) 879 $ 183 $ 160,692 :: .. • ... ,· .·· Environmental Manager (Gnibus) 318 $ 258 $ 81,944 ·.,,· ... · QNQC 229 $ 173 $ 39,689 .. ·:: .·;· Senior Structures E:ngineer (Peerv) 510 $ 112 $ 57,135 · ...... ,; ... Task Strucures & Drainage Engineer (Maloney) 654 $ 103 $ 67,166 : ,, : :. ·: ,;· ;. Drainage Engineer {Hanna) 797 $ 139 $ 110,587 "" ::" : Task Civil Engineer (Millican} 1070 $ 98 $ 105,050 :''·. :: Utilities Engineer (Vivas) 100 $ 184 $ 18,411 i··· ' ......... Task Traffic Engineer (Keresztes) 286 $ 115 $ 32,864 .' Cost Estimating & Utility Coord. (Warfield) 453 $ 166 $ 75,388 f • .• .. Senior Geotechnical Engineer (Goldman) 82 $ 193 $ 15,851 ..... :. Junior Geotech Engineer (Starick) 16 $ 119 $ 1,906 : .·· .. Staff RIW Specialist {Williams) 60 $ 161 $ 9,670 I·· Landscape Architect (Lai) 92 $ 146 $ 13,444 .. · Staff Landscape Architect (Cottini) 94 $ 119 $ 11,177 Senior Architect (Janik) 96 $ 206 $ 19,740 Staff Architect (Brandle) 180 $ 103 $ 18,522 ,:, CADD II 499 $ 134 $ 66,640 CADDI 503 $ 111 $ 55,750 Project Coordinator 120 $ 96 $ 11,508 TOTAL LABOR: 8,215 ' ': . I, . $ 1,236,533 2. SUBCONSULTANTS (attach "Form 60" for all proposed subconsultants Huitt Zollars 83 370.00 Noise Analvst 26 000.00 GMU Geotechnical 9 615.00 - TOTAL SUBCONSULTANTS: $ 118,985 3. OTHER DIRECT COSTS . Mileage 1 500.00 Reproduction 4 000.00 Postaoe 500.00 TOTAL ODC'S: $ 5,500 TOTAL ESTIMATED COST AND FEE: $ 1,361,018 TOTAL ESTIMATED COST AND FEE (RMV Portion): $ 450,005 TOTAL ESTIMATED COST AND FEE (City Portion): $ 911,013 10/21/2013 CITY OF SAN JUAN C DOCUMENT TRANSMI I I This form is for the transmittal of dO< (e.g. Agreements, Contracts, De Date: 1 l) \ 2.l1\ f) Agenda Item No. (if Applicable): _____ _ City Council, SJCHA or SACRA Meeting Date (if applicable): ----'\'-\'-+I_C:_:>+/_,\'-Q-'-------------- Brief description of document and/or services provided:-.:1 :::::-~:....-',.._\ P.__\..._1 L\-_,_-_._l l""v_1_._\ --------------- Tl \r -,; , , , -·. . ' i -_:_ Submitting Department: tlA Jill 1~ \j\.,t,,i( K--> Staff Contact: L'/t'(QiJ 1Ctl(\. Please sign each original of the attached document, where indicated and circulate in the below route order as applicable (Please note the procurement limitations below). When the document is fully executed, the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department (when applicable), and will mail a signed original to th~ contractor/consultant. Step 1 l;J Purchasing-For Procurement Contracts/Agreements (if applicable) c::::J $3,000 or less-(Department Head's Authority -llio Purchase Order Required-STOP-further routing not necessary) c:J $3,001 -$10,000-(Department Head's Authority) CJ $10,001 -$45,000-(City Manager's Authority) 0 $45,?0 1 or over-(City Council Approval Required*) *Date of Council Approval: _____ or Resolution. No.: ____ _ 0 Pubhc Contracts $45,000 or less-(City Manager's Authority Required) ~ PR~~~:~ti~~~~acts over $45,000-(City Council's Authority Required*) *Date of Council Approval: _____ or Step 2 'g) Department Head II D Approved 0 Not Approved D Not Applicable Director's Initials/Date Step 3 fl City Attorney r) ... D Approved D Not Approved c:J Not Applicable City Attorney's Initials/Date ______ _ Step 4 0 Finance D Funding Available D No Funding Available D Budget Amendment Required Notes: __________ _ Finance Initials/Date _____ _ Step 5 D City Manager 0Approved 0Denied City Manager's Initial's/Date: ____ _ Step 6 ji:l_Insurance Requirements (if applicable) *Mark the requirements included in the attached document. [2J Commercial/General Liability 0 Auto Liability 0 Professional/Errors and Omissions D Public Works Contracts-Labor/Material & Performance Bonds Step 7 0 City Clerk (For Final Routing) ~ Additional Insured Endorsement W Worker's Compensation D Not Applicable D Approval Process Completed-Copy of Contract Transmittal Form with documents forwarded to FS Department or back to the originating department as appropriate. D Denied-Returned to submitting department. Please provide the following and return to the City Clerk's Office: City Clerk's Initial's/Date: ______ _ Page 1 of2 1. Contractor/consultant Name .. 1 \ \-.·I .: r· : , · '. , . · · · ·-' · '· ', i.< . _. \. ~ , \ --r~ 1./~L-i . N G \ '. ~ \. '1::: 't: 3 --...--. --~~~--~----~~----------++----------------- 2. Business License*: DYes ·r;zj_No License Number: _____ Date of Expiration ___ _ *If work is performed in the Citf, a Business License is required. 3. Contract Amount: $ "'i. \\ t t) \ ?1 ----'--'--\---'--'----- 4. 5. City Service~ and Facilities to be provided (If Applicable): t.·, It-\ 6. 7. 8. 9. 10. 11. 12. Is this a standard City contract? D No If no, explain: '·- Are two original contracts submitted?,..LJ Yes D No If no, explain: Contract Date: ; \ ~~; \ 1.! ) Expiration Date: ______ __ ' ' t::J. No If no, explain: ·' B~o If no, explain: Purchase (if applicqble) R~quis,ition attached: D Yes [ j~ '·.L ·~< t--·-1,~~· ··_)\_)\/ C~· \> ~-· ~j~~~ _\ Bid Recap (if applicable) attached: \ l .~·~-... -~. W-9 Form (if applicable) attached: DYes 0. No If no, explain: DYes D No If no, explain: 13. New Vendor Application Form (if applicable) attached: DYes D No Ifno, explain: 14. Does this document need to be recorded? D Yes original copy. tz1 No If Yes, please provide only one ! The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the information on this Contract Transmittal Form has been received by finance through the City Clerk's Office. Page 2 of2 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 (949) 493-1053 FAX TRANSMITTAL TO: HDR Engineering, Inc. 3230 El Camino Real, Suite 200 Irvine, CA 92602 Attn: Camilo Rocha, P.E. DATE: November 7, 2013 FROM: Manny Ruelas, Office Assistant (949) 443-6308 MEMBERS OF THE CI1Y COUNCIL SAM ALLEVA TO ROY L. BYRNES. M D LARRY KRAMER DEREK REEVE JOHN TAYLCR RE: Personal Services Agreement-Preparation of Plans, Specifications, and Cost Estimates for the Ortega Highway "City-Segment" Widening Project from Calle Entradero to East City Limits. Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreement. If you have questions related to insurance requirements, please call Christy Jakl, Deputy City Clerk at (949) 443-6310. If you have questions concerning the agreement, please contact Khoon Tan, Senior Civil Engineer at (949) 443-6353. Enclosed is an Original Agreement for your records. Cc: Khoon Tan, Senior Civil Engineer S,m Juun Capistrano· Prc.\'tT1lf.l'd, tiv Pa''t to Enhance 1i1c Fu!il~'(