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HomeMy WebLinkAbout06 - C-3538 Lido Isle Bridge RepairAugust 13, 2002 CITY COUNCIL AGENDA ITEM NO. 6 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR LIDO ISLE BRIDGE REPAIR - CONTRACT NO. 3538 RECOMMENDATION: Approve a Professional Services Agreement with Han -Padron Associates, in the amount of $40,000 and authorize the Mayor and the City Clerk to execute the Agreement. PROJECT DESCRIPTION: The Lido Isle Bridge was built in 1929 as a component of the development of Lido Isle. A bicycle bridge was added to the northerly side of the bridge in 1976. The bridge was seismically strengthened once during 1984 and again in 1998 to meet higher standards. Today, the steel girder bridge is in need of repair. A report prepared by Han -Padron Associates (HPA) in January of 2001 indicated the need to seal abutment cracks, patch additional cracks and spalls, reconstruct broken sidewalks across the length of the bridge, and further investigate certain corroded structural members for necessary repair work. In addition, the Lido Isle Community Association (LICA) requested the southerly railing on the bridge be modified to match what was done to the northerly railing in 1976. This work will open the southerly view of the harbor to motorists as they enter onto Lido Isle in the same manner the northerly view was opened with the bicycle bridge addition. CONSULTANT SELECTION: During 2000, the City solicited six structural firms to perform an inspection and evaluation of the Lido Isle Bridge and only two firms responded with proposals. Staff reviewed the qualifications, past experience on similar projects, availability, and references and rated HPA more qualified to perform the work. Staff then negotiated services and fees with HPA, who satisfactorily completed and submitted their report in January of 2001. SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR LIDO ISLE BRIDGE REPAIR - CONTRACT NO. 3538 Date: JULY 23, 2002 Page 2 Due to HPA's familiarity with the structure and the relatively small scope of final design services needed for the project, Staff requested a proposal from only HPA. Upon negotiation, HPA has agreed to furnish the required services for a fee of $40,000. SCOPE OF SERVICES: HPA's scope of services includes: Providing design level inspection and data gathering Preparation of final plans, specifications, and Engineer's Estimate Furnishing construction support for the railing modifications, navigation lighting, and miscellaneous repair items listed in the report FUNDING: The current budget contains an appropriation of $350,000 to design and construct the needed repairs to the bridge. $30,000 of that amount is being provided by LICA to pay for the southerly bridge railing modifications. Sufficient funds to award the contract to HPA are available in Account No. 7013- C5100673. SCHEDULE: HPA should complete their work by February of 2003. Staff will then advertise the project for bid as soon as a Coastal Permit has been obtained. Assuming no unforeseen delays, construction should be completed next fall. Respectfully I01:4Md1:4 ltTJ14011 S!5Wen G. Badum, Director By: �' v Lloy Dalton, P.E. Design Engineer Attachment: Professional Services Agreement DRAFT PROFESSIONAL SERVICES AGREEMENT FOR LIDO ISLE BRIDGE REPAIRS THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Han - Padron Associates, whose address is 100 Oceangate, Suite 650, Long Beach, California, 90802, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of Califomia and the Charter of City. B. City desires to construct repairs to Lido Isle Bridge ( "Project'). C. City desires to engage Consultant to provide professional services for design level inspection and data gathering, structural analysis, design of necessary repairs, and construction services for the above Project based upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for providing professional services for Project will be Ronald E. Heffron, P.E., Regional Manager. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 150' day of August, 2002, and shall terminate on the 31 "day of December, 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B' attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of forty thousand and 001100 Dollars ($40,000.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B °. 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. Costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who -3- are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all 13 phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Ronald E. Heffron, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit 'B °, whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. -5- 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone,.fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator. 11. PROGRESS Consultant is responsible to keep the Project Administrator informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. M 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as -7- described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Bests A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of H one million dollars ($1,000.000.) Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultants operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint 0 venturer or syndicate member or co- tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept -10- confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall field review to verify the accuracy of information provided by City or others. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. All reproduction shall be the responsibility of Consultant. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, P.E., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the -11- Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the -12- California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -13- All notices, demands, requests or approvals from Consultant to City shall be addressed to City c/o: Lloyd Dalton, P.E. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 6443308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Ronald Heffron, P.E. Han - Padron Associates 100 Oceangate, Suite 650 Long Beach, CA 90802 562 - 590 -6032 Fax: 562 - 590 -6042 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting parry written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as -14- provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as -15- compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By: By: City Attorney ATTEST: HAN- PADRON ASSOCIATES By: By:, City Clerk F: \USERS\PBW%SharedWgreements \FY 02- 0Man- Padron- Lido Isle Bridge.doc -17- EXHIBIT A Scope of Work Lido Isle Bridge Repair Design The scope of services proposed for this project is grouped into three primary tasks, with multiple subtasks, as follows: Task 1— Design Level Inspection & Data Gathering 1.1 Data Gathering — HPA's will meet with City staff to collect existing drawings, specification formats, and a previously constructed project example package and to discuss relevant issues such as permits, environmental controls, traffic control, and coordination with other agencies. 1.2 Design Level Inspection and Steel Channel Investigation — HPA will send of crew of two engineers to perform above deck and under deck inspections to document repair quantities; to determine structural adequately of the steel channels located above the abutments and piers as described on page 3-4 of "Investigation and Evaluation Report" dated January, 2001 (HPA Job No. L966 -01); and to determine where drain holes can be provided in the face of the abutments. HPA will investigate damaged coating in up to six locations. If the corrosion requires that additional locations are needed, these additional locations will require extra compensation, which will be negotiated prior to undertaking. The inspection will damage the coating, which the contractor will be required to repair. 1.3 Structural Analysis — A limited amount of structural analysis will be performed to determine the adequacy of the steel channels located above the abutments and piers. If the steel channels are not adequate, HPA will submit a proposal to design the modifications. Task 2 — Design of Repairs 2.1 7501c Submittal — The design level inspection results will be incorporated into provisions for repair work. This will include, but not limited to, drawings for: • Site Plan and General Notes • Demolition • Above Deck Plans • Under Deck Plans • General Repair Details • Abutment Repair Plans • Abutment Wing Wall Repair Plans • Channel Repair Plans • Sidewalk Replacement Plans • Southerly railing removing • Southerly railing replacing • Navigation light fixtures plan and details Detail plans and special provisions will be included construction cost estimate. in this submittal as well as a preliminary 2.2100% Submittal — After the 75 % design has been approved by the City, HPA will proceed to 100% design. We intent to team with the City to provide the most professional and cost effective solutions. The 100% submittal will be provided to the City on paper format with appropriate submittal percent stamped on each drawing. Specifications will be provided in APPENDIX MAN - PADRON ASSOCIATES accordance with the CSI format, which will reference in part the "Greenbook" Standard Specifications for Public Works Construction 2000 with 2002 supplements. The final design will be provided in hard copies. Hard copies will include the design engineer's stamp and signature. An updated cost estimate will be included in the 100% design. Task 3: Construction Services 3.1 Questions during bidding. Respond to questions from bidders on as they relate to HPA's design work. 3.2 Respond to contractor questions and review submittals. Respond to requests for information (RFI). Reviews of contractor submittals. 3.3 As- Builts. Preparation of As -built drawings from City red line mark up drawings. Coordination with City on red line clarifications. APPENDIX A Project Scope revised P1 W.03 HAN -PADRON ASSOCIATES m m x x w N Ix R Q w it U. O z 0 (n w 0 2 U a w m F- a� O IL w z w m 0 m a z a N_ O a J 0 0 s W a 0 0 W 6 Z a 0 m J H 0 H m x 0 w IL �j