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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 WEA:lr attach. 3300 Newport Boulevard, Newport Beach • TO: CITY COUNCIL FROM: Public Works Department 6 BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 2 51983 C?,-qo 1� X30 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 HH:jd Att. 1 1 �1. p� I�a �r_ _ W ° t V 21 ,a m f � y m �Ir I m p�x I' `g e 0 o� .I 4 1 4 c r, m I t e a � Y N s' 4 .tea 1 1 �1. p� I�a �r_ _ W ° t V 21 ,a m f � y m �Ir I m p�x I' `g e 0 o� .I 4 1 4 c r, m I t v r 4 ° 38� 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. 1 of 5 0 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 2 of 5 VII. u • i 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: 3 of 5 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. 3 of 5 r • 0 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. 4 of 5 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 01T V DI IXAM L'L .. 5 of 5 1C. CONSULTANT