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HomeMy WebLinkAbout12 - Jamboree Rd Improvements - Bristol Street North to Fairchild RoadCITY OF z NEWPORT BEACH C9�FO0.HP City Council Staff Report Agenda Item No. 12 September 13, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644- 3311,sbadum @newportbeachca.gov PREPARED BY: Andy Tran APPROVED: A TITLE: Jamboree Road Improvements (Bristol Street North to Fairchild Road) - Approval of Amendment No. 3 with VA Consulting, Inc. ABSTRACT: The City entered into a Professional Services Agreement with VA Consulting, Inc., for the design of the Jamboree Road Improvements (Bristol Street North to Fairchild Road) project. Additional engineering services are needed to modify and improve two existing raised medians on the southbound side of Jamboree Road at MacArthur Boulevard. In accordance with Council Policy F -14, City Council approval is required in order to process Amendment No. 3. RECOMMENDATION: Approve Amendment No. 3 with VA Consulting, Inc., for additional engineering services for the Jamboree Road Improvements (Bristol Street North to Fairchild Road) project. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for Amendment No. 3. Funds will be expended from the Transportation and Circulation account (7261- C2002019). This project is located on Jamboree Road between Bristol Street North and Fairchild Road in the cities of Newport Beach and Irvine. The project involves widening the east side of Jamboree Road at MacArthur Boulevard to accommodate one additional northbound thru lane and one additional southbound left turn lane. The design is now 80 percent complete. During the last plan review, City staff recognized an opportunity to aesthetically improve the intersection of Jamboree Road Jamboree Road Improvements (Bristol Street North to Fairchild Road) - Approval of Amendment No. 3 with VA Consulting, Inc. September 13, 2011 Page 2 The design is now 80 percent complete. During the last plan review, City staff recognized an opportunity to aesthetically improve the intersection of Jamboree Road and MacArthur Boulevard by reconstructing the two concrete medians with landscaped medians. The medians are located on the southbound side of Jamboree Road adjacent to the right turn lanes. Amendment No. 3 in the amount of $63,227.00 will provide for the additional plans and specifications needed to construct the two medians. In addition, this amendment also includes compensation for remobilization of the design team, additional coordination with various agencies and environmental documents that were not identified in the Professional Services Agreement or approved amendments. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Attachments: A. Project Location Map B. Amendment No. 3 with VA Consulting, Inc. z di �o O G ADDITIONAL LANDSCAPED MEDIANS p O Q' I TF O � / m � x PROJECT �T LOCATION ti E O E Z v Vi I U 3 \ pi CITY OF NEWPORT BEACH JAMBOREE ROAD IMPROVEMENTS PUBLIC WORKS DEPARTMENT BRISTOL STREET NORTH TO FAIRCHILD ROAD DATE 09/17/081 SCALE N.T.S SIT 1 OF 1 DRAWN ii I C -4071 Attachment B AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC FOR JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this day of 12011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and VA CONSULITNG, INC., a California Corporation whose address is 17801 Cartwright Road, Irvine, California 92614 ( "Consultant "), and is made with reference to the following: RECITALS: A. On October 28, 2008, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for preparation of construction documents for the widening of Jamboree Road from Bristol Street North to Fairchild Road, hereinafter referred to as ( "Project "). B. On January 12, 2009, City and Consultant entered into Amendment No. One to the Agreement to amend the Agreement to provide for subconsultant, Overland, Pacific & Cutler, Inc., to coordinate directly with the City Attorney's Office, for right -of -way appraisal and acquisition services being performed at the City Attorney's request and to ensure confidentiality ( "Amendment No. One "). C. On March 10, 2010, City and Consultant entered into subsequent Amendment No. One to the Agreement to reflect additional services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation ( "Amendment No. Two "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments, to extend the term of the Agreement to December 31, 2013, to increase the total compensation and update insurance requirements. E. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on December 31, 2013, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated August 18, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Eighty -Seven Thousand, Six Hundred Eighty -Six Dollars and no /100 ($387,686.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty -Three Thousand, Two Hundred Twenty -Seven Dollars and no /100 ($63,227.00), without prior written authorization from City. 4. INSURANCE Section 14 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth . in the Agreement as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: —A4 I Leonie Mulvi i I Assistant City Attorney ATTEST: Date: Leilani I. Brown City Clerk �0( 0 CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F Mayor Henn CONSULTANT:VA Consulting, Inc., a California Corporation Bv: Max P. Vahid President and C.E.O. Bv: Michael S. Carter Secretary and C.F.O. Attachment: Exhibit A — Additional Services to be Performed -o I �I ���� � August 18, 2011_... REQUEST FOR ADDITIONAL ,NGINEERING, LANDst'APING, AND ENVIRONMENTAL SERVICES FOR JAMPQREE ROAD IMPROVEMENTS fROJEC7T NEWPORT BEACH AND. IRVINE, CAL_ IFORNIA AMENDMENT NO. 3 SCOPE .OF'SERVICES Remohilizatioh of Design Team .NA) in September 20- 10, thz City of Newport Beach (City) requested that'all d'esip activities be. placed on hold while right of'way negotiations befineen the City and the Cenferpointe properties took place. This task includes the. time required by VA staff "to coordinate with the 'City, coordinate with VA Subconsultapts, and the time required to 'review previous meeting minutes, utility coordination correspondences, and Cityof Irvine (COI) and City plan check comments in order to determine at what point the .project teft off; address changes to the project,:and to compile. a. list of unresolved project issues, 2. Additional Meetings and Coordination •(V.A) The existing budget for meetings and Coordination with the City„ COI; utility gompgnies. C.enteirpointe property owners, and :design team . has been depleted: 'This task is to continue: coordination with the above mentioned entities throughout the duratibh of the project. 3. Previously Prepared Studies and City Council Exhibits (VA) During, preparation of :final impr6e"Mdnt'plan's and. negotiations witti tffe Centerpointe property, owners, the City. requested the following studies ,and City Council; exhibits which, v ✓.ere not included in the original scope of wbrlc.' • VA studied whether proposed improvements could joint he existing bridge improvements as opposed to joining the: widened bridge- improvemen. ts, which was previously assumed. • VA studied Whether-an altemative design., which included no right -of -way acquisition, was feasible.-and prepared an Exhibit to present this design. • VA prepared a simplified version of the orig"jngl .Concept'Plan for City Council, • VA.prepared, a right -of -way l temporary construction easement exhiblt=for City Council. 4: Sewer Force Main Relocation.Plan (VA) During the utility mapping .task, it Was discovered that an existing private 4" sewef force main would need lo be relocated as part of the improvements. ihis.r..elocation was not included in the original contract. This task includes the following; Additional research and coordination with CIP and fhelr sewer iiff station . techn. ician. Dipping of the outlet: manhole by VA'survey crews to verify the depth of the outlet pipe. o Design and Plan Preparation (1 extra sheet) Additional work involved with the specifications and estimate peeparatioh. xrvr. Ncasaro _osaoauminrcponntmrter;�aasroa� an,?eemon�r onr:M This task does not include any modifications to the existing sewer lift station, potholing of the existing force main to confirm join location, or sewer demand / capacity calculations. The original contract assumed a total of ten '(10) metes and bounds legal descriptions /plat exhibits would be prepared under the Right. of Way Engineering task. 1- lowever, after the concept plan was finalized, only six (6), were required. Therefore; funds from the four (A) unused exhibits will be used'to cover the additional sewer forces main related services. 5. Median Island Civil and Traffic Modifications (VA) This itern includes revising the civil, traffic signal, signing and striping, and traffic control plans to include the two new landscaped median islands at the Jamboree and MacArthur intersection and design of the sleeving foi the irrigation controller connection which will be provided to the existing median south of the intersection. VA will first prepare an exhibit which shows the new median and striping geometries and will obtain approval of this exhibit before finalizing the plans. 6. Water Quality Management Plan (VA) VA will prepare a Water Quality Management Plan (WQMP). for the proposed site improvements in conformance with Section 7 of the Orange County Drainage Area Management Plan and the local Agency standard format. This scope item includes the Preliminary design, of structural Best Management Practices (BMPS) in a treatment train that address pollutants of concern with Low Impact Development (LID) BMP's as much as practicable for the site and its: intended uses. The WQMP will also address liydro modification criteria as required by the forth term NPDES 'Permit (RWQCB Order No. R8- 2009 -0030, NPDES No. CAS 618030) scheduled for enforcement beginning in May 2011. The preliminary BMP design will be presented to the County and City for review and acceptance prior to completion of the final WQMP document and the grading and drainage design for the project. The 'final WQMP report will identify the structural treatment BMPs selected for the project and non - structural edification and housekeeping BMP's that pertain to the project site. The final WQMP will be processed through the County of Orange and City for approval with the precise grading and drainage improvement plan package. California Coastal Commission Coordination (US) UltraSystems (US) will contact th.i South Coast California Coastal Commission (CCC) office regarding the Jamboree & MacArthur project. If necessary, US will complete and submit a permit application indicating that a waiver is the appropriate action to be taken by the CCC. If the CCC has any questions regarding the application, US will meet with CCC to respond to their concerns and clarify and expand the justification for a waiver and provide copies of agency letters of concurrence. 3. Resource.Agency Coordination (US) If required by the CCC during the permit waiver coordination, US will contact US Army Corps of Engineers, Regional Water Quality Control Board, and the California Department of Fish and Game for documentation that no permits would be necessary. Fees included in this task will only be used if necessary and with prior authorization from the City. xwn�� seu� cs�ov. anmr¢ na:�:ama,�cuaa,coa:=na,.nnounu: mac_ n. Additional Biological $ruvcy Services (US) In July 2010, the City requested to move the proposed storm drain outlet located in the Newport Beach parcel. This new location fell outside of the previous jurisdictional boundary limits. Therefore, US made an additional .field visit to confirm the existing biological and jurisdictional site conditions and to identify potential measures to minimize and avoid sensitive biological resources. This information Was incorporated into the final environmental document. 10. Addition Landscaping Remobilization / Coordination (Nmiis) This, task includes remobilization costs by Nuvis and hours required to attend the meeting with Mr. C.G. Kum in Westlake Village, California, which Nuvis considers outside of the original contract due to its location, 11, Median Island Landscaping and Irrigation Modifications ( Nuvis) This task includes design and coordination hours to revise the irrigation and planting plans to include the two new landscaped median islands at the Jamboree and MacArthur intersection. An irrigation controller connection will also be 'provided to the existing median south of the intersection. Inigation and planting plans have been previously designed by others for this median. 12. Project Introduction Meetings with Property Owners (OPC) Due to the accelerated project schedule necessary .to meet a funding deadline, it Was necessary to .meet with property owners prior to the start of right of way acquisition negotiations. This task included time by OPC to set up and attend the meetings, including the meeting with Mr. C.G. Kum in Westlake Village, California. The original contract assumed that right of way appraisals and acquisition services would be required for four (4) parcels. ,However, after the 'concept plan was finalized, these services were only required for three (3) parcels. Therefore, funds from the Right of Way Appraisal Services. associated with the unused forth parcel will be used to cover these additional services. 13. Right of Way Negotiations with Centerpointe Maintenance Association (OPC) During initial conversations with the Centerpointe property oirdners, UPC discovered that there was. a Centerpointe Owners Association which owns all of the common . area improvements including the monuments signs, retaining walls, and landscaping areas. Therefore, additional negotiations with this owper's association will be necessary that Were not included in the original contract. Funds from the Right of Way Appraisal Services associated with the unused forth parcel will be used to cover these. additional services. ona:edt:mmnca-:nn:: REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND' ENVIRONMENTAL.SERVICES FOR JAMBOREE ROAD IMPROVEMENTS PROJECT NEWPORT BEACH AND IRVINE, .CALIFORNIA AMENDMENT NO. 3 FEE ESTIMATE 1. Rer66bilizatlon of Design Team (VA) .......... ....... -- ................................. 5i,412 2, Additional Meetings and CoordinaflQri .......... ............ I ...... . ........ o ....... $ M54 .3. Previously Prepared Studies and City. tQuncil Exhibits ( VA) ........... ..............................s 4;b46 4. -Sew.or.Foi,QejVibi.n.ReIbcation.Pl8n(VA) ......................... ............ x,518 5: MEkdian I sland Civil and Ttaffic Modifications (VA);..... ......... ; .................................. $17,504 .6, Wat6r Quality Management Plan ...._:.:.:;:..:._$ 6;5-14 California Coastal Commission Coordingtfignt ............:.....:.......:.......s ;3;401 11. Median IsWd Lond6caping and Irrigation Modifications (Nuvis) .... 1.2. Project. Introduction M.eetings. with Propert y Qwnar.s (Opc) ............ .....:..:.....................$ 13, FUght,of, Way Negotiations with Maintenance Association (OPC). .............................. s- 2-560. 14. Partial Use of.Right of VV@y Apprqisqj'.SefvicQs.Budget (OPC).— ........ ; ............... ;.$(5,000) 15: Partial Right Of Way Engineerihg Bud&t WA) .,..; ......... ; .... a.-- ... ..... 16. Additional Reihibursables (VA)......:.::; TOTAL rE.E*E9TlV1.hATE.,., ...... ............. ..................... Resource Agency Coordinat� h (IJ t:t ... ... . .. to $ 9, Additional Biological SurveyServices.(08)........ ............ ...... ............ - $ 1;565 10. Additional Land§ca.png:Mobjli7-'6tibH /.Coordination (Nuvis) ....... I .......................::.:...:..$ 2,300 11. Median IsWd Lond6caping and Irrigation Modifications (Nuvis) .... 1.2. Project. Introduction M.eetings. with Propert y Qwnar.s (Opc) ............ .....:..:.....................$ 13, FUght,of, Way Negotiations with Maintenance Association (OPC). .............................. s- 2-560. 14. Partial Use of.Right of VV@y Apprqisqj'.SefvicQs.Budget (OPC).— ........ ; ............... ;.$(5,000) 15: Partial Right Of Way Engineerihg Bud&t WA) .,..; ......... ; .... a.-- ... ..... 16. Additional Reihibursables (VA)......:.::; TOTAL rE.E*E9TlV1.hATE.,., ...... jan-Lboree. Road Improvements (Bristol Street North to Fairchild Road) City of Newport Beach AMENDMENT NO. 3 - FEES AND EXPENSES ESTIMATE VA CONSULIINGi INC- V- E.NGINEFRS PLANNERS SURVEYORS 17 .� 801 C.vight Road, ftqn.. CaWomia 92614 - Tqa! Ph.nei(949)474.1400 Fox(949)267-8482 CO.Nksul.111mr; Gust- jan-Lboree. Road Improvements (Bristol Street North to Fairchild Road) City of Newport Beach AMENDMENT NO. 3 - FEES AND EXPENSES ESTIMATE tlYffitl �-'2=17 - Tqa! MW Gust- Tesks -7 - - ��147 hW 1. �Krs, --:.-Jh1s�-J,-1h1` I LAMC� --lium' -- -------- -- Remotalization oUresign Team (YA1. . ......... . . . ...... ....... .... -- - 20 ..20 6 6 30.9 c 47 $108 Additional Mpefinas and Coordination (VA) .5 'a ss,n sq'Gi'. Lt Previously Prepared Studies and City qRiu!Cil Exhibits (VA, 2. 4 320 G4 o46 Bali � .Bia Sewer Force Main Relocation Plan IVA). 2 4 14 329 iso Median island Civil and TrafficlWodifications (VA) 0 1 16 .34 so 13a.0 S17,50" 5350 Water Qu a Ian - GPe-q1e--1t-P _n) — - - - I — a 16 59.0 - - .56614 sl3a --- -- . - California Coastal Commission Coordination (USNA) I 1 4 'S.0 $751 Sib 37,650 RCsource Agency Coordination (USI\'A) 2 0,0 61,255,' S':4 -$1,250 Additional Biological Survey Services 1 :to 5264 I $5 $1,30!; Addillowl-andscaping Rennobilizarion I Coordination (hlu.y.1s) 0.0 Z. tG UP $2.3U0 Median Island 1 5 9.0 4:.159 e '325 $5,301 Project Introduction IW �e 30 10 62,100 Right or Way Negotiations with Maintenance Association (OPCJ 0.0 $0 j $0 S2,500-... so Partial Use of Rightof Way AppralsalServicesi.Budget (OPC) 0.0 40 (c5-o02l. --0.0 ('A.,,18) 13801 PIfLlal Right of Way Engineering Budget (VA) Subtotals 34 116 71 43 4 372 1 345,512 5910 $16&05 TOW&JI,M) 34- '115 76 143 4 312 VA Design Fees $5.542 $16.905 $40.032. j $16.731 5820 $45.512 Reimbursables asilmat. I ; $910 Sub Consuffntc 516 2L•5 TOTAL FEES I I $63,227 tlYffitl