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HomeMy WebLinkAbout11 - 21st Street & Newport Blvd Intersection ImprovementsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 May 27, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Director 949 - 644 -3311 sbadum@city.newport-beach.ca.us SUBJECT: 21ST STREET /NEWPORT BOULEVARD INTERSECTION IMPROVEMENTS, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS RECOMMENDATION: Approve a Professional Services Agreement with Metropointe Engineers of Costa Mesa, California at a contract price of $87,330 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: At the February 22, 2000 Study Session, City Council reviewed and discussed the Circulation Study for the merge of Balboa Boulevard and Newport Boulevard commonly referred to as the 'Mixmastee which was prepared by Parsons Transportation Group, Inc.. At the conclusion of the session, Council directed staff to proceed with the preparation of plans, specifications, and construction documents for traffic circulation, safety, and access improvements in conformance with Alternative H, Modified Existing of the study (see attached exhibit). Due to staffing changes and project priorities, this project was placed on hold. Recently, staff met with some area business leaders to discuss reviving the project and has placed it back into the current CIP program. In general, Alternative H, the Modified Existing alternate, provides for a direct two way access to the Newport Pier and McFadden Square commercial district from Newport Boulevard at 21s` Street. This alternative requires the alteration of the existing traffic signal, realignment of the existing roadway, reconfiguaration of the adjacent McFadden Square parking lot, enhanced signing, and striping. Based upon past experience on similar projects, availability, and references, Metropointe Engineers was selected by staff as the most qualified firm for this work. As requested by staff, Metropointe Engineers has submitted a proposal to perform a scope of services in conjunction with the design and construction of this improvement. The scope of work includes: field survey; roadway realignment, intersection design, and SUBJECT: 21" St. /Newport Blvd. Improvements , Approval of Professional Services Agreement with Metropointe Engineers May 27, 2003 Page 2 parking lot reconfig ua ration conceptual analysis; drainage study; Geotechnical investigation; utility investigation and coordination; preparation of construction plans, specifications, and bid documents; and meetings with staff and the business community. The professional fee for the proposed work will not exceed $87,330 (A detailed breakdown by work task is included as Exhibit A to the Agreement). Funding Availability: Funds for this project in the amount of $87,330 are currently available within the Circulation & Transportation Account No. 7261- C5200472. Environmental Review: This activity is not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. However, an environmental review and appropriate documentation will be required upon establishment of a viable project concept. Submitted by: 5n G. Badum Works Director Attachment: Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT FOR PRELIMINARY AND FINAL DESIGN OF 21ST STREET AND NEWPORT BOULEVARD INTERSECTION IMPROVEMENTS THIS AGREEMENT, entered into this day of 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and METROPOINTE ENGINEERS, whose address is 3151 Airway Avenue, Suite J -1, Costa Mesa, Califomia, 92626, (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 Califomia with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement preliminary and final design for intersection improvements at 21s` Street and Newport Boulevard ( "Project'). C. City desires to engage Consultant to prepare the final design and construction documents for improvements to the 21s` Street/Newport Boulevard intersection using Altemative H as described in the Circulation Study for Merge of Balboa Boulevard and Newport Boulevard Project Report upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of Project is Marie Marston, P.E. -1- E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and 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 28th day of May, 2003, and shall terminate on the 28th day of May, 2004, 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 Eighty Seven Thousand Three Hundred and Thirty Dollars ($87,330.00). 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 -2- billed on an hourly basis and all approved incidental expenses including reproductions, 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. The actual 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. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. -3- 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 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. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be me responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 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 -5- 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 phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Marie Marston, 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 diligently perform the services to competion within the terms of this agreement. 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. 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 and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee 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. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, -7- 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 sole 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 attomeys' 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 described herein. Insurance policies with original certificates and endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do M business in the State of California and assigned Best's A- VII or better rating: A. Workers 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 original certificate and endorsement (which includes 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 One Million Dollars ($1,000,000.00). 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 R1 writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's 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 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 -10- 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. All improvement/construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch mylar with a minimum thickness of 3 mils. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). 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 confidential unless City authorizes the release of information. -11- 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 be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Stephen G. Badum shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to -12- 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 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 -13- 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 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 priorwritten approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement -14- 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Marie Marston, P.E. MetroPointe Engineers 3151 Airway Avenue, Suite J -1 Costa Mesa, CA 92626 Phone: 714 - 438 -1095 Fax: 714- 438 -1097 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 -15- party 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 provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is eamed 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 -16- 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 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 original drawings shall be submitted to the City in the version of AutoCAD used by the City, in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCad file of City Title Sheets. 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 -17- drawings and specifications provided under this Agreement. 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 City Attorney Mayor ATTEST: METROPOINTE ENGINEERS City Clerk Print Name: f :luserslpbwlsharedlagreementslfy 02- 031metropointe - 21st- newport blvd improvements.doc M etroP a irate 4 pR 2003 April 23, 2003 N. Mr. Steve Badum City of Newport Beach _ 3333 Newport Blvd. Newport Beach, CA 92658 Subject: 21" Street / Balboa Boulevard Intersection Improvements Proposal for Preliminary and Final Design " Dear Mr. Badum: - This letter outlines our scope of work and fee estimate to prepare the final design and _ construction documents for improvements to the 21 Street / Balboa Boulevard intersection using Alternative H as described in the Circulation Study for Merge of Balboa Boulevard and Newport Boulevard Proiect Report as the basis. The purpose of the City of Newport Beach's improvement at 21e1 Street and Balboa Boulevard is to convert the present "out only' eastbound 21 e1 Street to a two -way street accessing the pier and parking lot area. Specific components of the project include: conversion of 21®` Street from the one -way configuration to a two -way configuration modifications to the curb return and parking lot area on southbound Balboa Boulevard a new left turn pocket for northbound Balboa Boulevard at 21 Street modifications to the existing pier parking lot area signal modifications Alternatives will be identified to accommodate the improvement. For purposes of this scope of work, we have assumed that we will study two alternatives. The alternatives will attempt to maintain the same number of parking spaces in the lot as currently exists. Alternatives may evaluate the benefits of 21®` Street realignment through the acquisition of adjacent right of way. Following the development of alternatives, final engineering will be performed for the purposes of - = preparing construction documents. We anticipate the scope will include the following work tasks: Task 1 Data Gathering / Ground Survey / Base Maps Task 2 Alternatives Analysis Task 3 Drainage Study Task 4 Geotechnical Investigation and Report Task 5 Utility Investigation and Coordination Task 6 Plans Task 7 Specifications Task 8 Cost Estimate / Bid List Task 9 Meetings /Coordination / Submittals kl 3151 Airway Avenue o Suite J -1 • Costa Mesa, CA 92626 P Bus: (714) 438 -1095 a Fax: (714) 438 -1097 L Mr. Steve Badum April 23, 2003 City of Newport Beach Page 2 Task 1 —Data Gathering/ Ground Survey/ Base Maps We will research and obtain from the City and County, record information including as- builts, survey control records and mapping, right -of -way maps, traffic signal plans, lighting and power poles, City related reports and studies if available, and other information as available and necessary for the conceptual and final design. We will perform a field survey consisting of the establishment of horizontal and vertical control, and surface culture, along 21s' Street and Balboa Boulevard on both sides of the intersection, from approximately starting at 22nd Street and finishing at 20th Street and including the McFadden Square parking area. The surface features will include: top of curbs (median and edges), flowlines, lip of gutters, back of walks, retaining walls, fences, manholes, valves, water meters, fire hydrants, signal and lighting pull boxes, signs, driveways, catch basins, trees, power poles, and other features which may be impacted by the street improvements, etc. Existing striping will be located on Balboa Boulevard, north and south of 21s' Street. The County of Orange datum for both horizontal and vertical control will be the basis. Upon completion of the survey, we will create a base map. Existing right -of -way lines will be obtained from record maps. Utility information obtained in Task 5 will also be added to the base map. We will also field walk the site to verify consistency with existing conditions. Task 2 — Alternatives Analysis An alternatives analysis will be prepared to evaluate various impacts, constraints, costs, and geometric solutions to achieve the proposed improvements. The alternatives analysis is the brainstorming task of the project. At this time, we will identify potential alternatives to evaluate. We anticipate developing two alternatives. The alternatives will consider variations on the roadway alignment, parking lot circulation concepts, and impacts to adjacent facilities. As part of these alternatives, preliminary geometrics will be developed using the base map developed in Task 1. The preliminary layouts will include the existing and proposed horizontal alignment information (including proposed bearings and curve radii), transitions and tapers, shoulders, sidewalks, structure limits, retaining wall locations and approximate heights, existing and proposed right -of -way limits, and other pertinent information. The geometrics will be prepared to the extent that sound quantity cost estimates can be prepared for reliable cost information at this phase. The following issues will be evaluated as part of the alternatives analysis: • Geometric alignment, including lane widths, sidewalk widths and cross slopes • Right -of -way impacts • Impacts to existing mature trees and other landscaping • Impacts to existing property owner facilities such as building structures, monument signs, access gates, parking lots • Impact to public parking • Driveway slopes and joining pavement grades in private property • ADA requirements • Drainage impacts • Constructability • Construction cost Each of the above will be considered as factors in evaluating the alternatives and developing a preferred alignment to be forwarded through the subsequent final design phase. We will meet with the City to evaluate the alternatives based on the goals for the project and the impacts each alternative has. We anticipate the review of the alternatives will result in the selection of the proposed alternative for final engineering development and preparation of construction documents. Mr. Steve Badum City of Newport Beach Task 3 — Drainage Study April 23, 2003 Page 3 The drainage study will be based on the hydrology and flows using the Orange County Hydrology Manual. We will review the existing drainage patterns, existing studies if available, estimate the tributary area to the 21st Street Project Area, and examine the drainage impacts generated by the project. The existing drainage facilities will be assumed adequate in their existing conditions. If determined necessary later during the course of the work, existing facilities could be analyzed to determine the adequacy of the drainage system's carrying capacity and determine if improvements are necessary. We will prepare drainage calculations, maps, and a brief report to assess potential impacts to the existing system necessary to acquire approval from the City. Task 4 — Geotechnical Investigation and Report Constant & Dickey, Inc. has joined our team for the geotechnical investigation and report preparation. They will perform a field investigation which will consist of 3 to 4 borings advanced by hand -auger to a depth of 4 to 8 feet. Allowance has been made for coring through existing pavement at two locations. The pavement section will be measured and ring samples and bulk samples of the subgrade will be recovered. These activities will require lane closure and full traffic control for the two locations on the roadway. Allowance has been made for the use of a flashing arrow board for work on Balboa Boulevard. We will perform the work during periods with lower traffic volumes if necessary. The following laboratory testing will be performed to establish engineering properties of the soils: • Moisture Content and Unit Weight • Percent Passing No. 200 Sieve • Maximum Density • Expansion Index • R -Value • Soluble Sulfate Content • Corrosion Potential The field and laboratory investigation results will be compiled and presented in a written report addressing the following design issues: • Existing Pavement Sections • Subsurface Soil Conditions • Groundwater • Expansion Potential • Preparation and Compaction of the Subgrade • Pole Foundations • Flexible Pavements • Corrosivity Task 5 — Utility Coordination During this task, it will be necessary to make contact with the affected utility companies, inform them of this project, and obtain copies of their as -built plans. We will obtain a list of local utility companies and contact information from the City. From an initial field visit, it appears that water, sewer, Edison electrical, cable television, and telephone are present in the project vicinity. All underground and overhead utilities within the sphere of the project limits will be contacted to verify location, type, and size of facility. Information collected will be added to the base maps. We will preliminarily determine the conflicts or impacts the street improvements will have with the existing utilities and summarize the information on the layout sheets. Mr. Steve Badum City of Newport Beach April 23, 2003 Page 4 This task also includes continued coordination and related follow -up with the affected underground and overhead utility companies regarding the specific impact locations throughout the project as well as identifying their future needs. We will further identify costs associated with utility modifications or relocation. Cost evaluation will require a determination of prior rights. We will work with the City in determining prior rights. If the utility company has prior rights, the modification cost will be borne within the project and included in the cost estimates. If the City has prior rights, the modification cost will be borne by the utility company. The City will be kept informed of contacts with the utility companies and, if desired, will receive copies of collected utility information and correspondence. Our preliminary engineering plans will be forwarded to the utility companies so they can verify their facilities and impacts and use them for their modification /relocation design. We will also need to examine whether temporary utility facilities are required and how this is involved in the construction staging. Task 6 — Plans We have estimated the following sheet list: 1. Title Sheet 2. Typical Cross Sections / Details 3. Street Plan & Profile 1" =20' 4. Street Plan & Profile 1 " =20' 5. Parking Lot Layout and Grading 1 " =20' 6. Parking Lot Control and Striping 1 " =40' 7. Storm Drain Plan, Profile, Details 1 " =20' 8. Construction Details 9. Construction Staging 1" =40' 10. Construction Staging 1" =40' 11. Signing and Striping Plan 1"=40' 12. Signal Modification 13. Landscaping Modification 14. Irrigation Modification We will prepare the plan sheets on City borders. The street and parking lot plans will show existing and proposed curb, gutter, sidewalk, medians, driveways, etc. Curb profiles will be designed and shown. The plans will include the relocation /reconstruction of existing drainage facilities assuming the existing facilities are adequately sized. The plans do not include drainage improvements required to bring up existing facilities to current standards if required. However, this can be negotiated at a later date at the City's request. The typical sections will indicate the width dimensions of the street and right -of -way and also the horizontal and depth limits of pavement and other street improvements. Detailed cross sections indicating grades and cross slopes will not be generated for this project. The construction detail sheets will show reconstruction of handicap access ramps, cross gutters, and drainage modifications. Additionally, any work not covered by the layout plans or typical sections will be shown on the construction detail sheets. The signing and striping plans will show the existing striping, limits of striping /markers removal, new striping, pavement markings, and markers. Existing signs conflicting with the new curbs will be relocated. Construction staging plans will be prepared to layout the order of construction for the contractor, to minimize the disruption to businesses, residents, and tourists. Mr. Steve Badum April 23, 2003 City of Newport Beach Page 5 A signal modification plan will be prepared for the intersection of 21'� Street and Balboa Boulevard. This will indicate the relocation of poles due to the street modifications and changes to the heads due to the conversion of a one -way street to a two -way street. We will investigate existing landscaping and irrigation of the adjacent properties to determine existing plants and facilities. An "as- built" of the existing irrigation will have to be assembled and has been assumed for purposes of this proposal, unless actual as- builts can be located. Replanting and irrigation plans will be prepared. Task 7 — Specifications We will prepare the "technical" specifications and the bid schedule. We will incorporate the City's "boilerplate" contract documents and other required special or general provisions. The various items of work and their specific payment clauses including payment method will also accompany the technical specifications. Final specifications will be submitted as a hard copy document as well as an electronic version. Contract specifications will be prepared and submitted at the 900/D plan submittal stage and revised with the 100% and final submittal per City comments. Task 8 — Cost Estimate / Bid List A construction quantity and cost estimate will be prepared for each of the submittal beginning at the 50% submittal. The estimate will show quantities and unit prices for each item along with appropriate mobilization and contingency costs. Our unit prices will be based on a combination of prices obtained from recent construction bids for similar projects, discussions with City staff, and discussions with others in the construction industry. The items listed in the cost estimate will be the basis for the preparation of the bid list. We will work with the City to ensure the bid schedule is in accordance with City preference for the item list, method of measurement, etc. Task 9 — Meetings / Coordination / Submittals Upon the notice to proceed, we have assumed a kickoff meeting will be held with the City to confirm the design intent and document preparation. Followup meetings will be held on an as- needed basis. At this time we have assumed we will need one meeting to discuss the alternatives analysis and determine the preferred project parameters, one meeting at the 50% submittal, one at the 90 %, and one at the 100% levels of completion. We will coordinate as required throughout the project with the City and project team to confirm a complete set of documents and appropriate joins. We anticipate three submittals — at the 50 %, City will review our documents and provide appropriate comments. Exclusions to Scone of Work 90% and 100% levels of completion. We expect the comments. We will respond and incorporate the • Right -of -way engineering, legal descriptions, appraisals, acquisition, and title reports • Traffic handling plans • Utility modification plans • Hazardous waste investigation or testing • Storm drain improvements to existing facilities to meet current standards • Environmental documentation Mr. Steve Badum City of Newport Beach Fee Estimate Task 1 — Data Collection / Ground Survey / Base Maps.... Kelsurveys (field survey) ... ............................... Task 2 — Alternatives Analysis ............ ............................... Task 3 — Drainage Study ..................... ............................... Task 4 — Geotechnical Investigation and Report ............... Constant & Dickey (geotechnical engineering) Task 5— Utility Investigation and Coordination .................. Task6 — Plans ..................................... ............................... Austin Foust Associates (traffic engineering) .. Task 7 — Specifications ....................... ............................... Task 4 — Cost Estimate/ Bid List ........ ............................... Task 4 — Meetings / Coordination / Submittals ................... Reimbursables (estimated at 5 %) ........ ............................... Total April 23, 2003 Page 6 .............. $ 2,705 .................4,355 ................. 6,655 .................4.010 $87,330 We have attached our estimated task/labor hour list. Please call if you would like to discuss and /or modify this proposal. We look forward to working with the City on this project. Sincerely, Marie Marston, P.E. Principal Attachment: Task List / Labor Hours C 0-1 l b ►f CLIENT: City of Newport Beach MetroPointe Engineers, Inc. PROJ: 21st Street PROJECT RATE JOB No: LABOR DATE: April 23, 2003 Class Position /Name A B C D E F G H Hours Total A Pnncipal 8 8 $920 - OA ,.n 65` C Sr. Engineer 171 171 $16,245 n i -32T5 2F E Jr, Engineer / CADD Designs 84 84 $6,300 ' G 0 0 $0 -40 ✓ Totals 8 113 171 272 84 96� 8 752 $65,090 Task No. Function Description A B C D E F G H Hours Total Task 1 • Data Gathering / Field Survey 1 Base Map Research at City and County 8 8 $600 Field Walk 4 4 8 $760 Survey Coordination & Reduction 1 4 12 17 $1,345 Task 2 • Alternatives Analysis Identify Alternatives (2) 4 12 16 $1,560 Concept Layouts 4 24 16 44 $3,740 Order of Magnitude Cost Estimates 1 6 8 15 $1,355 Task 3 • Drainage Study Review Existing Drainage 4 4 $380 Study Modifications 1 24 25 $2.385 Drainage Report 1 12 13 $1,245 Task 4 • Geotechnical Investigation and Report Coord w/ Geolech 2 4 6 $550 Review Geolech Report 4 4 8 $760 Task 5 • Utility Investigation and Coordination Utility Research 1 16 17 $1,305 Utility Coordination 2 12 14 $1,230 Add Utility & R/W info to Base Map 8 8 $600 Utility Cost Determination 2 8 10 $890 Task 6 • Plans Title Sheet 1 8 9 $705 Typical Cross Sections / Details 1 16 17 $1,305 Street Plan & Profile 4 24 28 $2,460 Street Plan & Profile 4 24 28 $2,460 Parking Lot Layout & Grading 2 24 12 38 $3,030 Parking Lot Control and Striping 2 16 12 30 $2,350 Sloan Drain Plan, Profile, Details 2 16 16 34 $2,930 Construction Details 1 12 12 25 $1,905 Construction Staging 1 12 8 21 $1,645 Construction Staging 1 12 8 21 $1,645 Signing and Striping Plan Coord 1 4 5 $445 Signal Modification Coord 1 4 5 $445 Landscaping Modification 2 24 8 34 $2,770 Irrigation Modification 2 24 8 34 $2,770 Responses to Comments/Resubmittals 8 8 24 12 52 $4,420 Task 7 • Specifications Outline Specs • 50% 8 8 $760 Draft Specs • 90% 4 24 4 32 $2,900 Final Specs • 100% 4 16 4 24 $2,140 Task 8 • Cost Estimates / Bid List Quantity & Cost Estimates -50% 1 4 5 $445 Quantity & Cost Estimates -90% 2 8 10 $890 Quantity & Cost Estimates -100% 2 8 10 $890 Bid List 1 4 5 $445 Task 9 • Meetings, Coordination & Submittals Meetings (5) 15 9 24 $2,430 Coordination 24 8 32 $3,280 QA/QC 8 — 8 $920 04/11/2003 15:27 7146577952 AUSTIN FOUST ASSOC ® ra�A11SIM-A09STASSOCIAMAt /NC. TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING 2020 NORTH TUSTIN AVENUE • SANTA ANA. CALIFORNIA 92705.7827 April 11, 2003 MctroPointe Engineers 3151 Airway Ave, Suite J -1 Costa Mesa, CA 92626 ATTENTION: Marie Marston PAGE 02 TELEPHONE (714) 667 -0496 FAX (714) 667 -7952 E -mail: mail Oausilnioustcom SUBJECT: PROPOSAL - BALBOA/MCFADDEN SQUARE. ENTRANCE DESIGN Dear Mr. Marston: Austin-Foust Associates, Inc. (AFA) is pleased to join you in responding to the RFP from the City of Newport Beach for re- design of the entrance and circulation to the McFadden Square parking lot from Balboa Boulevard. This re- design will include identification and evaluation of the 21" Street entrance and circulation within the parking lot to maximize parking_ AFA originally prepared the Balboa/21" Street signal plan and thereby has a Thorough knowledge of the signalization. Tn addition, we have worked with. City Staff on McFadden Square and the Mix - Master in the past, and have developed an understanding of existing travel patterns. Currently we are evaluating the proposed re- construction of the William Bluerock property on the cast side of Newport Boulevard between 26d' Street and The Arcade /21" Street. All of this "local knowledge" will assist in the redesign of access and circulation within .McFadden Square. Specifically, AFA proposes the following: 1. Assist identifying and evaluating access and circulation alternatives for McFadden Square (40 hrs @ $150 each) $6,000 2. Revise existing 21 "Street- Balboa signal plan (20- scale) $3,000 3. Attend meetings with City Staff (minimum of 2) $1.000 TOTAL Time and Materials Agreement - NTE $�QO T. will be the Project Manager as well as the person primarily involved in Tasks I and 3. My staff, Mr. Jamie Anderson, P.E., who has recent experience in this area of Newport Beach, (i.e., Balboa Village), will assist me with Task 2. If you have any questions, please call. Since clv, oFo'ust, P,E. 038 slbna/McFoddtmSquuro EnvnnmDcs'„�n.doc Rpr 22 03 04.36p Cari Steele CDI Constant & Dickey, Inc. C E O S C I E N C E April 22, 2003 Proposal No. P03 -47 Ms. Marie Marston MetroPointe Engineers 3151 Airway Avenue, Suite J -1 Costa Mesa, California 92626 Re: Scope Of Geotechnical Design Services Proposed Intersection Improvements Balboa Boulevard and 211t Street Newport Beach, California INTRODUCTION 714- 630 -5866 p.2 The project involves roadway improvements and signallsignage relocations associated with the improvements at the intersection of Balboa Boulevard and 21' Street in Newport Beach, California. It includes a small amount of roadway south from the intersection on 211 Street along Balboa Boulevard. The roadway at the corner of Balboa Boulevard to southbound 215' Street will be widened to accommodate the right turn lane. This dictates the relocation of the light -pole on the western comer. It is understood that minor improvements are also proposed for the parking area. FIELD AND LABORATORY EVALUATION Three to four borings will be advanced by hand -auger to a depth of 4 to 8 feet. Allowances have been made for coring through the existing pavement at two locations. The pavement section will be measured and ring samples and bulk samples of the subgrade will be recovered. These activities will require lane closure and full traffic control for the two locations on the roadway. Allowance has been made forthe use of a flashing arrow board for work on Balboa Boulevard. Provisions have been made to complete this work on the weekend or during other periods with lower traffic volumes, if necessary. 3921 -A East La Palma Avenue, Anaheim, CA 92807 714- 630 -5855 Fax: 714 - 630 -5866 Apr 22 03 04:36p Cari Steele 714 7630 -5866 p.3 CD1 Proposal No. P03-47 Page 2 April 22, 2003 The following laboratory testing will be performed to establish engineering properties of the soils. • Moisture Content and Unit Weight • Percent Passing No. 200 Sieve Maximum Density • Expansion Index • R -Value • Soluble Sulfate Content • Corrosion Potential The field and laboratory will be compiled and presented in a written report which will also address the following design issues: Existing pavement sections • Subsurface soil conditions • Groundwater • Expansion potential • Preparation and compaction of the subgrade • Pole foundations • Flexible pavements • Corrosivity ESTIMATED COSTS The not -to- exceed fee for the geotechnical design work is $3,300. This has been based on the scope of work described above and the attached fee schedule. WORK SCHEDULE The reports can be issued within 4 weeks of the time of authorization to proceed and receipt of all permits and/or rights of access. ASSUMPTIONS AND QUALIFICATIONS The following have been considered as a basis for the scope of work and associated fee for the proposed Geotechnical design services: • The proposed study will involve the physical properties of the earth materials found at the site. There is no allowance for the sampling or testing of potential contaminants. If evidence of contamination is observed in the borings, MetroPointe will be notified for further direction. Apr 22 03 04:36p Cari Steele 714- 630 -5866 p.4 Proposal No. P03-47 Page 3 • Rights of access and /or permits for such purposes are to be provided at no cost by the City. • Although allowance has been made for clearance by USA, MetroPointe's assistance will be necessary so that borings are located to avoid utilities and underground installations. • The borings will be backfilled with gravel. Surface patching of asphalt and concrete surfaces will be made with cold mix and redi -mix, respectively. • Design Traffic Indexes will be provided by others. • No allowance has been made for post -report consultation or review of drawings or specifications. • Field services during construction would be performed under a separate contract and are not included in the present scope. CLOSURE Your signature below will constitute a contract and provide authorization to proceed with the work described herein. The terms on the reverse side of the signature page are an integral part of the agreement and should be reviewed with appropriate attention. If you wish to use your own agreement, this proposal should be attached as an exhibit. This opportunity to be of service is sincerely appreciated. Please contact the undersigned if you have any questions or if further information is requested. Respectfully submitted, CONSTANT & DICKEY, INC. PB.ia constant President CDS /BDC /Ijo (Short) ACCEPTED AND APPROVED: METROPOINTE ENGINEERS Attachment: Fee Schedule By: Distribution: Ms. Marie Marston, Title: Addressee (2) Date: Tuesday, April 22, 2003 5:50 PM kelvin kitaoka 7147083318 p,01 Kelsurveys, Inc, 185. East Pautarino Ave. Ste.#c -204 Costa Mesa, Cs. 92626 Phone; (714) 708 -3301 Fax- (714)708,3318 April 22, 2003 MetroPointe Engineering 3151 Airway Avenue Suite J -1 Costa Mesa, CA 92626 Attn: Ms. Marie Marston Re: McFadden Square Parking lot and Roadways — Newport Beach, Ca. Marie, Per your request, please find our Survey Proposal for a Topographic/As -Built Survey for the above Site. Our coat breakdown is as follows: Survey Tasks; cost 1. Horizontal & Vertical Control $600.00 Establi shm enWerification 2. Topographic Survey $3000.00 3. CADD edits and contouring $360.00 Total $3960.00 Notes: 1. All City, County and Governing Agency Fees are not included in the proposal total. This shall be the sole responsibility of the Owner. 2. Deliverables shall be a CADD file with Ilne work and symbols only. An ASCII points file Conslsting of all field shots will be attached as well, 3. The quotation above takes into consideration the High volume of traffic and the normal pedestrian and vehicular congestion in this area. Should you have any question(s), please do not hesitate to contact me. Thank you for having Kelsurveys, Inc. assist you in your surveying needs. For acceptance of the contents of this agreement, please acknowledge by signing below. Kelvin Wtaoka Ms. Marie Marston President Prinicipal Kelsurveys, Inc. MetroPointe Engineering, Inc. :P.: 1) - D 1") j; i � � )) rzTl V---4 I Z�e 6p y> '',,4. I FGEND nnl Fp-7 P. ALTERNATIVE H MODIFIED EXISTING OARSONS A t --- :P.: 1) - D 1") j; i � � )) rzTl V---4 I Z�e 6p y> '',,4. I FGEND nnl Fp-7 P. ALTERNATIVE H MODIFIED EXISTING OARSONS A �R' Ow 5paqh�V Crab C kcr A I :P.: 1) - D 1") j; i � � )) rzTl V---4 I Z�e 6p y> '',,4. I FGEND nnl Fp-7 P. ALTERNATIVE H MODIFIED EXISTING OARSONS