HomeMy WebLinkAboutC-2408 - Consultant Agreement Study & Environmental Impact Report, Balboa Boulevard WideningCITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 926633884
OFFICE OF THE CITY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: July 28, 1983
SUBJECT: Contract No. C -2408
Description of Contract Balboa Blvd widening from 33rd Street
to 44th Street (Agreement for Professional Services)
Effective date of Contract July 27, 1983
Authorized by Minute Action, approved on July 25, 1983
Contract with Michael Brandman Associates, Inc.
Address 18021 Sky Park Circle
Suite E -2
Irvine, CA 92714
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
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attach.
3300 Newport Boulevard, Newport Beach
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TO: CITY COUNCIL
FROM: Public Works Department
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BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUL 2 51983
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July 25, 1983
CITY COUNCIL AGENDA
ITEM NO. F -3 &1
SUBJECT: BALBOA BOULEVARD WIDENING FROM 33RD STREET TO 44TH STREET
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a Consultant
Agreement with Michael Brandon and Associates and Van Dell and
Associates to prepare an engineering feasibility study and
Environmental Impact Report (EIR) for the subject project.
DISCUSSION:
Included in the budget for F.Y. 1983/84 are gas tax funds in the
amount of $50,500 for the preparation of Environmental Impact Reports (EIRs) and
preliminary plans for street construction projects. It is proposed that an
Arterial Highway Financing Program (AHFP) project for the widening of Balboa
Boulevard be submitted to the County in F.Y. 1984 -85. In order to do so it is
necessary that the environmental report be completed by December 31, when appli-
cations are due.
A proposal has been requested and received from Michael Brandon and
Associates, and Van Dell and Associates (a joint venture) to provide an engi-
neering feasibility study and prepare an Environmental Impact Report to widen
Balboa Boulevard from 33rd Street to 44th Street. Compensation will be based
on standard hourly rates, with a total fee not to exceed $45,275. Both firms
are well qualified and.it is recommended that they be retained to do the work.
The primary purpose of the proposed widening project is to increase
the sight distance and eliminate roadway obstructions. An analysis of the
accident history indicates an excessive accident rate associated with poor
visibility along Balboa Boulevard. Overall improvements contemplated would
include wider parkways, elimination of center divider parking and existing
median landscaping, and the installation of standard left -turn lanes at inter-
sections. An increase in roadway capacity and reduction in congestion would
also result from the improved operating conditions.
The proposed study will address the widening of Balboa Boulevard to
join the existing ultimate roadway geometrics at both ends of the project.
The existing street right -of -way width is 65 feet along Balboa Boulevard from
33rd Street to 44th Street. The right -of -way will be widened to 90 -97 feet.
Over the years, the City has purchased 13.parcels (25 to 32 feet in width) to
implement the widening project. The five remaining parcels needed to complete
the total right -of -way acquisition (see attachment) will be funded using 50%
City gas tax and 50% Arterial Highway Financing Program (AHFP) funds. The cost
of the right -of -way acquisition is estimated at $1,000,000.
July 25, 1983
Subject: Balboa Boulevard Widening from 33rd Street to 44th Street
Page 2
Due to the sensitive nature of the proposed project, the following
items will be evaluated in the EIR:
1. Need for 4 versus 5 travel lanes.
2. Parking needs and relocation of existing median parking.
3. Detailed landscaping.
4. Redevelopment of 38th Street Park.
5. Noise.
6. Other impacts.
The current project schedule is to complete the EIR and submit an
AHFP application for the right -of -way acquisition in December of 1983. The
purchase of the five remaining parcels is planned over a two -year period.
Construction would follow in the second or third year, depending on funding
availability.
Benjamin B. Nolan
Public Works Director
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Att.
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AGREEMENT FOR PROFESSIONAL SERVICES
FOR
BALBOA BOULEVARD WIDENING
BETWEEN
33RD STREET AND 44TH STREET
THIS AGREEMENT is made and entered into this 6q day of July,
1983, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
herinafter referred to as "CITY," and the firm of MICHAEL BRANDMAN
ASSOCIATES, INC., hereinafter referred to as "CONSULTANT ".
WITNESSETH
WHEREAS, CITY intends to prepare an Environmental Impact Report
(EIR) and supporting Engineering Feasibility Study for the widening of Balboa
Boulevard between 33rd Street and 44th Street, hereinafter referred to as "EIR"
and "ENGINEERING STUDY" respectively; and
WHEREAS, CONSULTANT has submitted a proposal to CITY to perform
professional services in conjunction with the preparation of said EIR and
ENGINEERING STUDY; and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
agree as follows:
I. General
A. CITY engages CONSULTANT to perform the services
hereinafter described for the compensation herein stated.
B. CONSULTANT agrees to perform said services upon the
terms hereinafter set forth.
H. Services to be Performed by CONSULTANT
CONSULTANT hereby agrees to prepare an EIR and
ENGINEERING STUDY in accordance with proposal dated July 14,
1983, and addendum dated July 19, 1983, prepared and submitted
by CONSULTANT.
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III. Duties of CITY
CITY hereby agrees to supply CONSULTANT with the following
information:
A. Available right -of -way information within the study area.
B. Available records pertaining to existing street improvements
and City -owned utilities.
C. Available records of existing traffic volumes and accident
history.
D. Available lists and maps of property owners within 300 feet
of project site.
E. Available land use information and housing data relevant to
the preparation of the FIR.
CITY hereby agrees to distribute all Draft EIRs upon submittal by
CONSULTANT.
CITY herby agrees to schedule all City Committee and Public
Hearings related to the review of the EIR and engineering study.
IV. Time of Completion
All materials for certification of the Final EIR and other
documents shall be submitted to the CITY by December 12,
1983. Notice of Determination shall be filed by' December 13,
1983. Compilation of Certified Final EIR materials for submittal
to CITY will be completed by CONSULTANT by December 31,
1983.
V. Ownership of Documents
Original drawings, reports, notes, maps, and other documents shall
become the property of the CITY and may be reproduced and
utilized as deemed necessary by the Public Works Director.
VI. Right of Termination
CITY reserves the right to terminate this Agreement at any time
by giving CONSULTANT seven (7) days prior written notice;
notice shall be deemed served upon deposit in the United States
Mail, postage prepaid, addressed to CONSULTANT'S business
office at 18021 Sky Park Circle, Suite E -2, Irvine, California
92714. In the event of termination due to errors, omissions, or
negligence of CONSULTANT, CITY shall be relieved of any
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VII.
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obligation to compensate CONSULTANT for that portion of the
work affected by such errors, omissions, or negligence of the
CONSULTANT. If this Agreement is terminated for any other
reason, CITY agrees to compensate CONSULTANT for the actual
services performed up to the effective date of the notice of
termination, on the basis of the fee schedule contained herein.
Arbitration
Any controversy or claim between the parties to this Agreement,
except as provided to the contrary herein, may be submitted to
arbitration and initiated by either of the parties hereto.
Arbitration shall be conducted in accordance with the provisions
of California Code of Civil Procedure Sections 1280, et seq. The
parties hereto agree that there shall be a single neutral Arbitrator
who shall be selected by and agreed to by the parties. If after
thirty days of demand for arbitration the parties are unable to
agree mutually upon a neutral Arbitrator, the matter of selection
of an Arbitrator shall be submitted to the Orange County Superior
Court pursuant to Code of Civil Procedure Section 1281.6.
Fee Schedule and Payment
In consideration of the performance of the above - described
services, CITY hereby agrees to pay CONSULTANT an amount
based upon the hourly rate schedule set forth below. In no event
shall said amount be greater than Forty -five Thousand Two
Hundred Seventy -five Dollars ($45,275) except as otherwise
provided herein.
A. Hourly rates for office and field personnel shall be as
follows:
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Rates
President
$65.00 /hr.
Vice President /Principal in Charge
$52.00 /hr.
Associate /Principal
$45.00 /hr.
Project Manager /Project Planner
$30.00 1hr.
Word Processor /Graphic Artist
$25.00 /hr.
Clerical
$20.00 /hr.
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B. The contract amount shall be paid to CONSULTANT as
follows:
1. Monthly partial payments shall be based on the amount
earned each month, as determined by the fee
schedule. The sum of the monthly partial payments
shall not exceed ninety -five percent (95 %) of the
maximum fee;
2. Balance of the total amount earned to be paid upon
completion of work specified in Section II (Services to
be Performed by CONSULTANT);
3. In addition, CITY agrees to reimburse CONSULTANT
for the actual cost of reproduction of graphics, plans
and related documents and other related costs
authorized in advance by the Public Works Director
and advanced by CONSULTANT.
IX. Additional Work
Should CONSULTANT complete any additional work not outlined
in this Agreement, but authorized by CITY, the extra work shall
be performed on an hourly basis in accordance with the hourly
rate standard fee schedule set forth in Section VIII (Fee Schedule
and Payment) above.
X. Project Scope Revisions
The scope of the project may be changed and the maximum fee
revised upon prior written approval of the Public Works Director
if the increase in the maximum fee does not exceed Four
Thousand Five Hundred Dollars ($4,500). If the increase in the
maximum fee would exceed $4,500, an amendment providing for
such revisions shall be processed and executed by the parties
hereto.
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XI. Hold Harmless
CONSULTANT shall indemnify and save harmless CITY and its
officers and employees from any damage or liability arising from
any errors, omission, or negligence in CONSULTANT'S
performance of the work and services required by this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the date first above written.
CITY 04 NEWPORT BEACH
By:
ayor
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1C.
CONSULTANT