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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. Iof3 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: AP By AT By Ad Ci 33 Ne (7 Ro P. 14 Ne (7 fA" OF NEWPORT BEACH, a Munici DA 1A Corooration 3 o 3 • • 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 HH:jd 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: Iof8 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. 2of8 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 0 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 0 0 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 5of8 0 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. 7of8 0 i 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 r � U 0 0 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