HomeMy WebLinkAboutC-2533 - Engineering Services for Widening Balboa Boulevard from 32nd Street to 44th Street0 4
CITY OF NEWPORT BEACH
OFFICE OF THE CPTY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
DATE:, June 18, 1986
SUBJECT: Contract No. C -2533
Description of Contract Amendment to Agreement for Professional
Engineering Services for Widening Balboa Boulevard from 32nd Street
to 44th Street
Effective date of Contract June 17, 1986
Authorized by Minute Action, approved on April 28, 1986
Contract with Robert Bein, William Frost & Associates
Address P.O. Box 2590
1401 Quail Street
Newport Beach, CA 92660
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
AMENDMENT
TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FOR
WIDENING BALBOA BOULEVARD FROM 32ND STREET TO 44TH STREET
THIS AMENDMENT to agreement is made and entered into this rday
of 1986, by and between the CITY OF NEWPORT BEACH, a municipal cor-
e ation, hereinafter referred to as "CITY ", and the firm of ROBERT BEIN,
WILLIAM FROST AND ASSOCIATES, a private corporation, hereinafter referred to as
"ENGINEER"
WITNESSETH:
WHEREAS, CITY and ENGINEER entered into an Agreement for preparation of
final engineering plans for the widening of Balboa Boulevard from 32nd Street to
44th Street on September 16, 1985; and
below:
\
WHEREAS, CITY and ENGINEER desire to amend the Agreement as set forth
1. SECTION II is to be changed as follows:
A. ENGINEER agrees to perform all services and work as outlined
herein below:
1. Perform necessary field control and topographic survey, as
required.
2. Prepare a tributary drainage study to the project site.
3. Conduct a utility search and coordinate with utility com-
panies the relocation of facilities for construction of
PROJECT.
4. Prepare a detailed site plan for the reconstruction Of
38th Street Park.
5. Prepare a detailed landscape plan for the park and raised
medians.
6. Prepare 40 -scale signing, striping and construction control
plans.
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7. Prepare 40 -scale improvement plans (plan and profile) for
entire reach. Improvement plans to include:
a. Intersection detail plans.
b. Flasher redesign at 38th Street.
c. Removal of existing and design of new street lighting
system in accordance with CITY standards.
d. Prepare storm drain plans.
e. Design noise walls.
f. Prepare signal /roadway and median modifications between
32nd and 33rd Street.
g. Prepare typical cross sections and details for streets
and storm drain.
8. Prepare a detailed construction cost estimate. Segregate
park improvements construction costs outside street right
of way.
9. Prepare a master bid proposal including construction speci-
fications and special provisions.
10. Prepare legal descriptions for corner cutoffs.
11. Provide consultation during construction as required.
12. Perform additional survey for sewer design and 12 -inch
water main.
13. Prepare plans and specifications for the replacement of
8 -inch concrete sewers.
14. Prepare plans and specifications for the construction of a
12 -inch water main.
2. That section VII, paragraph A is changed to read as follows:
A. In consideration for the performance of the specified services,
CITY hereby agrees to compensate ENGINEER a fee not to exceed
the amount of Ninety -eight Thousand Six Hundred Dollars
($98,600). Said figure includes Seventeen Thousand Dollars
($17,000) for additional work.
2 o 3
3. All other terms and conditions of the Agreement to remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written:
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fA" OF NEWPORT BEACH,
a Munici DA 1A Corooration
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TO: CITY COUNCIL
FROM: Public Works Department
April 28, 1986
CITY
BY THE CITY COUN61'M
CITY OF NEWPORT BEACH
APR 2 8 1986
APPROVED
COUNCIL AGENDA
NO. F -3(c)
r - a5-3-3
SUBJECT: AMENDMENT TO EXISTING ENGINEERING SERVICES AGREEMENT FOR WIDENING
BALBOA BOULEVARD BETWEEN 33RD STREET AND 44TH STREET
RECOMMENDATION:
Authorize the Mayor and the city Clerk to execute an amendment to an
existing engineering services agreement with Robert Bein, William
Frost and Associates. The amendment provides for inclusion of plans,
specifications, and estimate for water and sewer improvements with
widening Balboa Boulevard between 33rd Street and 44th Street.
DISCUSSION:
On August 16, 1986, the City Council authorized the preparation of
plans, specifications and cost estimate for widening Balboa Boulevard between
33rd and 44th Street.
As part of the widening project it appears prudent to construct a new
12 -inch water main within the subject limits and replace old concrete sewer
lines crossing Balboa Boulevard. Construction of the water main will improve
local fire flow and provide for future water demand on the Balboa Peninsula.
The reconstruction of the sewer lines is an ongoing replacement of aged sewer
lines in the area.
The Water Committee at their April 18, 1986 meeting recommended the
inclusion of the water main with the roadway widening project.
The estimated cost for design and construction of the water and sewer
facilities is $300,000.
It is recommended that Robert Bein, William Frost and Associates be
retained to provide the engineering services for the design and specifications
for the construction of the water and sewer improvements. Their fee to perform
the work is not to exceed $17,000.
• Funding for thedesign will come from Account
C! %'c*h�asremS�to Joaquin
�rage n Reservoir).
Benja ifiin B. Nolan
Public Works Director
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GI�.Y�>�'Y�11III�)I
0 0
TO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
)714) 640 -2251
DATE:, September 19, 1985
SUBJECT: Contract No. C -2533
cl /` w
Description of Contract Engineering Services Agreement for
Widening Balboa Boulevard from 32nd Street to 44th Street
Effective date of Contract September 16, 1985
Authorized by Minute Action, approved on August 26, 1985
Contract with Robert Bein, William Frost 6 Associates
Address P.O. Box 2590
1401 quail Street
Newport Beach, CA 92660
Amount of Contract (See Agreement)
GUQir10�d�- � C���I�CliKJLs��
Wanda E. Andersen
City Clerk
WEA:1r
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
0 c - zs33
ENGINEERING SERVICES AGREEMENT
FOR
WIDENING BALBOA BOULEVARD FROM 32ND STREET TO 44TH STREET
THIS AGREEMENT is made and entered into this /6 day of
Sept., 1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY ", and the firm of ROBERT BEIN, WILLIAM FROST &
ASSOCIATES, a private corporation, hereinafter referred to as "ENGINEER ".
WITNESSETH:
WHEREAS, the CITY intends to prepare final engineering plans for the
widening of Balboa Boulevard from 32nd Street to 44th Street, hereinafter
referred to as "PROJECT "; and
WHEREAS, ENGINEER has submitted to CITY, a proposal dated August 16,
1985, to perform engineering services in connection with the preparation of
engineering plans; and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
do agree as follows:
I. GENERAL
A. CITY shall retain ENGINEER to perform the services hereinafter
described in return for the consideration and compensation
herein stated.
B. ENGINEER agrees to perform said services all in accordance with
the terms and conditions hereinafter set forth.
C. ENGINEER agrees that all services required hereunder shall be
performed under his direct supervision, and all personnel
engaged in the work shall be fully qualified and shall be
authorized or permitted under State and local law to perform
such services.
II. SERVICES TO BE PERFORMED BY ENGINEER
A. ENGINEER agrees to perform all services and work as outlined
herein below:
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1. Perform necessary field control and topographic survey, as
required.
2. Prepare a tributary drainage study to the project site.
3. Conduct a utility search and coordinate with utility com-
panies the relocation of facilities for construction of
PROJECT.
4. Prepare a detailed site plan for the reconstruction of
38th Street Park.
5. Prepare a detailed landscape plan for the park and raised
medians.
6. Prepare 40 -scale signing, striping and construction control
plans.
7. Prepare 40 -scale improvement plans (plan and profile) for
entire reach. Improvement plans to include:
a. Intersection detail plans.
b. flasher redesign at 38th Street.
c. Removal of existing and design of new street lighting
system in accordance with CITY standards.
d. Prepare storm drain plans.
e. Design noise walls.
f. Prepare signal /roadway and median modifications between
32nd and 33rd Street.
g. Prepare typical cross sections and details for streets
and storm drain.
8. Prepare a detailed construction cost estimate. Segregate
park improvements construction costs outside street right
of way.
9. Prepare a master bid proposal including construction speci-
fications and special provisions.
10. Prepare legal descriptions for corner cutoffs.
11. Provide consultation during construction as required.
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III. DUTIES OF CITY
A. CITY hereby agrees to supply ENGINEER all information,
materials, data, reports, plans and maps as are existing and
available from same, and necessary for carrying out the work
outlined herein.
B. CITY will provide a materials report prepared by the County of
Orange.
C. CITY shall provide the necessary standard mylar plan and pro-
file sheets required.
D. CITY shall make any permit applications to other agencies which
may be needed for the lawful performance of the work and
services outlined herein.
IV. OWNERSHIP OF DOCUMENTS
A. Original drawings, reports, notes, maps, and other documents
relating to the plans shall become the property of CITY and may
be reproduced as deemed necessary by the City Engineer or his
duly authorized representative. CITY agrees to hold harmless
and indemnify ENGINEER against all damages, claims and losses
arising out of any re -use of the plans and specifications.
V. RIGHT OF TERMINATION
A. CITY reserves the right to terminate this Agreement at any time
by giving ENGINEER Seven (7) days' prior written notice;
notice shall be deemed served when delivered personally or upon
deposit in the United States mail, postage prepaid, addressed
to ENGINEER's business office at P. 0. Box 2590, 1401 Quail
Street, Newport Beach, California 92660.
B. In the event of termination due to errors, omissions, or negli-
gence of ENGINEER, CITY shall be relieved of any obligation to
compensate ENGINEER for that portion of work affected by such
errors, omissions, or negligence of ENGINEER. If this
Agreement is terminated for any other reason, CITY agrees to
compensate ENGINEER for the actual services performed up to the
effective date of the Notice of Termination, on the basis of
the fee schedule contained herein.
WITH l
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VI. TIME OF COMPLETION
0
A. The execution of the Agreement by the parties hereto constitu-
tes authorization to proceed. The work required as set forth
herein shall commence within Ten (10) calendar days of the exe-
cution of this Agreement.
Preliminary plans shall be completed by November 1, 1985, in
sufficient detail to provide an accurate construction cost
estimate. Final PS & E shall be completed by December 15, 1985.
VII. PAYMENT AND FEE SCHEDULE
A. In consideration for the performance of the specified services,
CITY hereby agrees to compensate ENGINEER a fee not to exceed
the amount of Eighty -One Thousand Six Hundred Dollars ($81,600).
B. The contract amount shall be paid in monthly partial payments
based on billing for hours expended and costs incurred during
the preceding month. Billings submitted shall be based on the
FEE SCHEDULE set forth below.
C. CITY agrees to reimburse ENGINEER within Thirty (30) days after
receipt of ENGINEER's invoice. Invoice shall include classifi-
cations of personnel, dates and hours worked.
D. FEE SCHEDULE
All work performed by ENGINEER to complete the services
described herein above shall be paid for in accordance with the
following hourly rate schedule:
Classification Hourly Rate
Principal
$ 90.00
Associate
75.00
Project Manager /Engineer
60.00
Registered Engineer
50.00
Design Engineer
45.00
Designer /Planner
40.00
Senior Draftsman
38.00
Draftsman
34.00
Graphic Artist
30.00
Environmental Analyst
30.00
Engineering /Planning Aide
25.00
3 -Man Survey Crew
140.00
2 -man Survey Crew
110.00
Field Supervisor
60.00
Resident Engineer
50.00
Clerical
15.00
Consultation Relative to Legal Actions
125.00
VIII
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E. CITY agrees to reimburse ENGINEER for the actual cost of repro-
duction of copies of said plans and related documents and other
costs authorized in advance by CITY.
ADDITIONAL WORK
A. No change in the character, extent, or duration of the work to
be performed by ENGINEER shall be made without prior written
approval from CITY. Any such additional work shall be per-
formed on an hourly basis in accordance with the hourly rate
schedule set forth herein above; except that an increase in the
total compensation exceeding Ten Percent (10 %) shall require
that an amendment for such additional services be processed and
executed by ENGINEER and CITY.
IX. RECORDS
ENGINEER shall maintain complete and accurate records with respect
to costs, expenses, receipts and other such information required by
CITY that relate to the performance of the services done under this
contract. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly iden-
tified and readily accessible. ENGINEER shall provide free access
to the representatives of CITY or its designees at all proper times
to such books and records, and gives the CITY the right to examine
and audit same, and to make transcripts therefrom as deemed
necessary, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement.
X. INSURANCE
A. ENGINEER shall furnish the CITY with certificates showing the
type, amount, class of operations covered, effective dates and
dates of expiration of insurance policies. Such certificates
which do not limit ENGINEER's indemnification, shall also con-
tain substantially the following statement: "The insurance
covered by this certificate will not be cancelled or materially
altered, except after Ten (10) days' written notice has been
received by CITY.
B. It is agreed that ENGINEER shall maintain in force at all times
during the performance of this Agreement all appropriate poli-
cies of insurance required by this Agreement, and that said
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policies of insurance shall be secured from an insurance com-
pany assigned Policyholders' Rating A (or higher) and Financial
Size Category Class VIII (or larger) in accordance with the
latest edition of Best's Key Rating Guide: Property - Casualty
and shall be licensed to do insurance business in the State of
California.
C. ENGINEER shall maintain the following minimum insurance cover-
ages:
1. Liability Insurance
General liability coverage in the following minimum limits:
Bodily Injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage $100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate limits in the
amount of $1,000,000 will be considered equivalent to the
required minimum limits.
2. Errors and Omissions
Errors and omissions insurance, which includes coverage for
professional malpractice, in the amount of $1,000,000. The
policy shall provide for coverage of all claims occurring
during the term of the policy notwithstanding the fact that
the claim may be asserted subsequent to the expiration of
the policy.
D. Subrogation Waiver
ENGINEER agrees that in the event of loss due to any of the
perils for which it has agreed to provide insurance, that
ENGINEER shall look solely to its insurance for recovery.
ENGINEER hereby grants to CITY, on behalf of any insurer pro -
vidng insurance to either ENGINEER or CITY with respect to the
services of ENGINEER herein, a waiver of any right of subroga-
tion which any such insurer of said ENGINEER may acquire
against City by virtue of the payment of any loss under such
insurance.
•il
E. Failure to Secure
If ENGINEER at any time during the term of this Agreement,
should fail to secure or maintain the foregoing insurance, CITY
shall be permitted to obtain such insurance in the ENGINEER's
name or as an agent of ENGINEER and shall be compensated by
ENGINEER for the costs of the insurance premiums at the maximum
rate permitted by law computed from the date written notice is
received that the premiums have been paid.
F. Additional Insured
CITY, its City Council, boards and commissions, officers,
agents, servants and employees shall be named as an additional
insured under all insurance policies required under this
Agreement. The naming of an additional insured shall not
affect any recovery to which such additional insured would be
entitled under this policy if not named as such additional
insured; and an additional insured named herein shall not be
held liable for any premium or expense of any nature on this
policy or any extension thereof. Any other insurance held by
an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance
provided by this policy. Proceeds from any such policy or
policies shall be payable to CITY primarily, and to ENGINEER
secondarily, if necessary.
XI. WAIVER
A waiver by CITY of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any sub-
sequent breach of the same or any other term, covenant, or con-
dition contained herein whether of the same or a different
character.
XII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or
for damages by reason of an alleged breach of any provisions of
this Agreement, the prevailing party shall be entitled to receive
from the losing party all costs and expenses in such amount as the
court may adjudge to be reasonable attorneys' fees.
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XIII. 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 hereof. Any modification of
this Agreement will be effective only by written execution signed
by both City and ENGINEER.
XIV. HOLD HARMLESS
ENGINEER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers, agents, servants, and employees
from and against any and all loss, damages, liability, claims,
suits, costs and expenses, whatsoever, including reasonable attor-
neys' fees, regardless of the merit or outcome of any such claim or
suit, arising from or in any manner connected to ENGINEER's errors,
negilgent acts, omissions, or work conducted pursuant to this
Agreement or arising from or in any manner connected to persons
firms or corporations furnishing or supplying work, services,
materials, equipment or supplies thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written:
CITY OF NEWPORT BEACH,
a,l`lunicipJ Corporation
APPROVED S TO FORM: �W`=YL h
Mayor
By:
ty Attorneyl
ATTEST:
By: Z� eel
City Cler
Address & Telephone:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 644 -3311
Robert Bein, William Frost & Associates
P. 0. Box 2590
1401 Quail Street
Newport Beach, CA 92660
(714) 833 -0070
8 0.,
•
• • (3g)
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
AUG 2 6 i 985
August 26, 1985
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
APPROVED c - 2,5.33
T0: CITY COUNCIL
FROM: Public Works Department
I C —?.SGY
SUBJECT: €Wfa3NE €Rim - S[�Rakl4 E- S•..A6R €£14E4FT FBR' SAt EWAR(k= 14IiNa
3389:. STi EE- T�,AK1L,, 4TJi_,STAEET-
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute an engineering ser-
vices agreement with Robert Bein, William Frost & Associates for the
preparation of plans, specifications, and estimates for the widening.
of Balboa Boulevard between 33rd Street and 44th Street.
DISCUSSION:
On November 28, 1983, the City Council certified the Final
• Environmental Impact Report (EIR) and directed staff to apply for Arterial
Highway Funding Program (AHFP) funding for right -of -way acquisition, design and
construction of the subject project.
With right -of -way acquisition nearly completed, staff will be making
an application to construct the project using AHFP or Orange County Unified
Transportation Trust Fund (OCUTTF) funds. Either fund would provide 50% of eli-
gible cost for the project which is estimated to cost approximately $1,000,000
for construction and design. The City's share of matching funds would come from
Gas Tax funds.
The widening is proposed along the northerly (inland) side and would
join the existing ultimate roadway geometrics at each end of the project. The
widened roadway will provide for wider parkways, elimination of median parking
and the construction of landscaped raised medians with provisions for standard
left -turn pockets at intersections. The improvements will also provide on- street
parking on the inland side and travel lanes which can also accommodate bicy-
clists.
The widening project will also necessitate the reconstruction and
refurbishing of the 38th Street Park outside the street right -of -way.
• Construction outside of street right -of -way will not be funded by Gas Tax or
County monies, and it is recommended that the City Council consider utilizing
Park in Lieu fees generated in the area to fund the park upgrading. That deci-
sion can be made at a later date.
To make an application for County funding, the City will need to have
completed plans, specifications and estimates by the end of the calendar year.
August 26, 1985
Subject: Engineering
33rd Street
Page 2
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Services Agreement for Balboa Boulevard Widening between
and 44th Street
The staff has obtained proposals to provide engineering services for
the design of the widening project. It is recommended that Robert Bein,
William Frost & Associates be retained to perform the work at their proposed
fee of $83,600. RB & F has worked on previous City projects and is well
qualified to do the work.
Funding for the design can be advanced from the project's current
right -of -way appropriation and recovered when applying for AHFP or OCUTTF funds.
Benjamin B. Nolan
Public Works Director
HH:jd