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HomeMy WebLinkAboutC-2612 - Cannery Village, McFadden Square Implementation and Public ImprovementsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR Planning Department FROM: CITY CLERK DATE: September 12, 1986 SUBJECT: Contract No. C -2612 Description of Contract Consultant Agreement for Implementation of Priority I and II of the Cannery Village /McFadden Square Specific Plan Public Improvement Component Effective date of Contract September 11, 1986 Authorized by Minute Action, approved on August 25, 1986 Contract with Boyle Engineering Corp. Address 1501 quail Street P.O. Box 3030 Newport Beach, CA 92658 -9020 Amount of Contract (See Agreement) " � " Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach v CONSULTANT AGREEMENT THISp AGREEMENT, entered into this day ofQi{rt Q,L F1, , 198_, by and between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "City "), and BOYLE ENGINEERING CORPORATION, a California corporation, whose address is 1501 Quail Street, Newport Beach, California (hereinafter referred to as: "'Consultant ",) is made with reference to the following: RECITALS: A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California 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 the City. B. The City and Consultant desire to enter into an agreement for consultant services for implementation of priorities 1 and 2 of the public improvement component of the Cannery Village /:McFadden Square Specific Area Plan under the terms and conditions herein. 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 1st day of September, 1986, and shall terminate on the 31st day of August, 1987, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. -1- 0 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference. 4. STANDARD OF CARE In the performance of its professional services, Consultant will use that degree of care and skill ordinarily exercised under similar conditions in similar localities. 5. INDEPENDENT PARTIES The parties to this Agreement intend that the relation between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of the Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No Civil Service status or other right of employment will be acquired by virtue of the Consultant's services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation insurance, retirement and deferred compensation plans, vacation and sick leave, are available from the City to the Consultant, its employees or agents. From any fees due the Consultant, deductions shall not be made for any State or Federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship. Payment of the above items, if required, are the responsibility of the Consultant. 6. HOLD HARMLESS Consultant 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 attorneys' fees, arising from the negligent performance or omission of any services or work conducted pursuant to this Agreement. -2- 0 0 7. INSURANCE On or before the commencement of the term of this Agreement, Consultant 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 Iimit Consultant's indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled, except after ten (10) days written notice has been given to the City." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance, and that said policies of insurance shall be secured from a good and responsible company or companies, doing insurance business in the State of California. Consultant shall maintain the following insurance coverage: A. Errors and Omissions. Errors and omissions insurance which includes coverage for professional malpractice, in the amount of $1,000,000 per claim and aggregate. B. 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. C. Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, that Consultant shall look solely to its workers' compensation insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing insurance to either Consultant or the 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. -3- D. Failure to Secure. If Consultant at any time during the term hereof, should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant 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. E. Additional Insured. The City, its City Council, boards and commissions, officers, and employees shall be named as an additional insured on general liability policy of insurance required by 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. 8. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 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 cotenant if Consultant is a partnership or joint venturer or syndicate or contenancy, 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 of the corporation. 9. PERMITS AND LICENSES Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate -4- permits, licenses and certificates that may be required in connection with the performance of services hereunder. 10. REPORTS 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 the City. No report, information or other data given to or prepared or assembled by the Consultant pursuant to this Agreement shall be made available to any individual or organization by the Consultant without prior approval by the City. Consultant shall, at such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. 11. RECORDS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the 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 necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. -5- • 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement, shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Chris Gustin, Planning Department All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Boyle Engineering Corporation 1501 Quail Street Post Office Box 3030 Newport Beach, CA 92658 -9020 13. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. ! 0 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for 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. 15. COMPLIANCES Consultant shall comply with all laws, State or Federal and all ordinances, rules and regulations enacted or issued by the City. 16. WAIVER A waiver by the City 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. 17. 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 Consultant. -7- • • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: Qu'� La�' City Attorney CITY OF NEWPORT BEACH A Muni- ipal Corporation ATTEST: City Clerk CONSULTANT: BOYLE ENGINEERING CORPORATION BY: AND: BY: Managing Engineer AND: Corporate Administrator 1.00 2.00 Ll Exhibit "A" • CANNERY VILLAGEfMCFADDEN SQUARE City of Newport Beach SCOPE OF WORK PROJECT ORGANIZATION PARKING STRUCTURE. CANNERY VILLAGE 2.10 Working with the City staff, Boyle will prepare preliminary plans and cost estimates for a three level parking structure accommodating approximately 165 automobiles. Although a specific site has not been selected, sufficient information is available for the preparation of plans and cost estimates. 2.11 Identify typical site geometries of the proposed parking structure, including size of parcel, orientation, and access. Identify preliminary geometries of the building, building setbacks, building size and height, etc. 2.12 Prepare site concept plan showing preliminary building concepts including massing, scale, materials, and general method of construction. Review plan with City staff and revise to reflect City concerns. 2.13 Estimate total project design and construction cost, based on the approved preliminary building concept. 2.20 Working with City staff, Boyle will prepare all required petitions and documentation necessary to establish an assessment district to fund a portion of the costs associated with the construction of the parking structure. 2.21 Based on land use and benefit, determine the proposed assessment costs and allocate the costs to the parcels according to benefit. It is anticipated that City contributions to the project will offset the proposed assessments. 2.22 Prepare a 1931 ACT "Debit Limit" investigation report, unless waived by petition of 60- percent of the assessed area. Prepare a boundary map, assessment diagram, and engineer's report as required by the 1913 Municipal Improvement Act. 2.23 Assist in the preparation of legal and council resolutions and petitions, as required by the City Attorney. Prepare mailers informing of the public hearing and public workshops for City distribution to affected property owners. 2.30 Conduct two public meetings to discuss this program with the affected property owners and conduct the required vote in conformance with state law (1911 or 1913 Acts). 2.31 Attend an estimated two (2) public information workshops to discuss the proposed assessments with affected property owners. This effort will include the preparation of graphics, plans, and elevations of the proposed improvement. 2.32 Attend the public hearing with the City Council and participate in the discussion of details of the proposed assessment district. It is anticipated that the 1931 Act and 1911 or 1913 Act hearings will be held at the same meeting. 2.33 Modify the engineer's report as directed by the City Council. File the finalized engineer's report, assessment diagram, and boundary report with the Superintendent of Streets for recordation with the County. 9 0 2.34 Following the formation of the District, prepare notices of final assessment and cash collection period for bond retirement. Prepare lien list for filing with the County. Prepare initial Auditor's Record for yearly payments of principal, interest, and service charges on the bonds. It is anticipated that bonds will be sold under the 1915 Bond Act. 2.40 If a favorable vote is cast by a majority of the benefiting property owners, and after a site is selected, prepare the final design and contract documents for the structure under separate contract. 2'.50 Boyle will provide an analysis of the various funding mechanisms available to finance the construction of the facility (i.e., bond issue, sale of spaces through the "in- lieu" program, funding entirely by the City, etc.) 2.51 Research funding mechanisms used by Newport Beach and other municipalities. 2.52 Analyze potential income from various funding sources, determining advantages /disadvantages, time frames, amount of money, rate of return, etc., compared to construction cost. 2.53 In conjunction with City staff, determine appropriate funding source breakdown, including share to be provided by assessment district, and amount of assessment. 3.00 CANNERY VILLAGE STREETSCAPE 3.10 In conjunction with the street improvement plans available from the Public Works Department (Norris -Repke project), Boyle will integrate an appropriate landscaping and streetscape program into the street improvement plan. The streetscape plan should follow a cohesive design theme, considering street furniture, signs, lighting, public areas, etc., all within the existing City -owned right -of -way. 3.11 Review the Specific Plan and street improvement plans previously prepared, and associated cost estimates. 0 0 3.12 Meet with City staff to discuss issues and priorities, including cost factors. 3.13 Prepare an "Existing Conditions" analysis map and photo inventory. 3.14 Formulate a conceptual streetscape plan, including street furniture, traffic control signs, special paving, pedestrian /street lighting, etc., within City right -of -way. 3.15 Review concept with City and refine plans. 3.16 Integrate concept plan with street improvement plans to create preliminary plans sufficient for detailed cost estimating. Review with City and refine. 3.20 Prepare detailed cost estimates. 3.21 Prepare a detailed cost estimate. Identify potential contingency factors. Estimates of costs for improvements designed and engineered by others will be provided by the City. 3.30 Prepare all required petitions and documentation necessary to establish an assessment district to fund all of the costs associated with this project. 3.31 Based on land use and benefit areas identified in the Cannery Village Specific Plan, determine the proposed assessment costs and allocate the costs to the parcels according to benefit. 3.32 Prepare a 1931 Act "Debt Limit" investigation report, unless waived by petition of 60- percent of the assessed area. Prepare a boundary map, assessment diagram, and engineer's report as required by the 1913 Municipal Improvement Act. 3.33 Assist in the preparation of legal and council resolutions and petitions, as required by the City Attorney. Prepare mailers informing of the public hearing and public workshops for City distribution to affected property owners. The entire cost of the project is anticipated to be assessed to benefiting property owners. 0 0 3.40 Conduct two public meetings to discuss this program with the affected property owners and conduct the required vote in conformance with state law (1911 or 1913 Acts). 3.41 Attend an estimated two (2) public informational workshops to discuss the proposed assessments with affected property owners. This effort will include the preparation of graphics, plans, and elevations of the proposed improvements. 3.42 Attend the public hearing with the City Council and participate in the discussion of details of the proposed assessment district. Tabulate and testify to the percentage of protests by area. It is anticipated that the 1931 Act and 1911 or 1913 Act hearings will be held at the same meeting. 3.50 If a favorable vote is cast by a majority of the benefiting property owners, form the assessment district and assess costs. 3.51 Modify the engineer's report as directed by the City Council. File the finalized engineer's report, assessment diagram, and boundary report with the Superintendent of Streets for recordation with the County. 3.52 Following formation of the District, prepare notices of final assessment and cash collection period for bond retirement. Prepare lien list for filing with the County. Prepare initial Auditor's Record for yearly payments of principal, interest, and service charges on the bonds. It is anticipated that bonds will be sold under the 1915 Bond Act. 4.00 L 0 RESTROOM RELOCATION; MCFADDEN SQUARE PLAZA, PROMENADE, AND STREETSCAPE 4.10 Working with the City Planning and Parks, Beaches, and Recreation Department staffs, prepare schematic site designs for a new public restroom facility in the Newport Pier area. The site for this new facility is proposed to be in front of the City Lifeguard Headquarters to the east of the Newport Pier. 4.11 Using restroom footprint to be supplied by the City, locate the restroom and provide a site plan and elevations appropriate for its setting, in conjunction with preliminaries for McFadden Square (see 4.20 below). One meeting has been allocated to this item for purposes of the fee estimate. 4.20 While maintaining a cohesive design and landscaping theme, prepare preliminary design plans for the public areas of McFadden Square including the area at the foot of the Newport Pier, the public sidewalks, and islands within the street right -of -way, and the area within and surrounding the West Ocean Front parking lot. 4.21 Review the Specific Plan, associated cost estimates, issues and priorities for McFadden Square with City staff. 4.22 Prepare "existing conditions" analysis map and photo inventory. 4.23 Formulate a concept plan, including street furniture, traffic control signs, special paving, pedestrian lighting, etc. Review concept approach with City and refine. 4.24 Apply concept approach to detailed base map to create a preliminary plan. Review with City and refine. 4.25 Prepare detailed cost estimates. Identify potential contingency factors /unknowns (e.g., interim traffic control, storm drain, etc.). Pi 4.30 Integrate plans for the proposed bicycle and pedestrian walk through the McFadden Square area into the design of the public areas discussed above. The Public Works Department will provide the proposed alignment for the bicycle and pedestrian trail. 4.31 Using bicycle and pedestrian trail alignments to be provided by the Public Works Department, integrate trail design into the McFadden Square design. The work will be completed in conjunction with preliminaries for McFadden Square (see 4.20 above). One meeting has been allocated to this item for fee estimate purposes. 4.40 Conduct any necessary public meetings to discuss this program with the affected property owners and conduct the required vote in conformance with state law (1911 and 1913 Acts). 4.41 Attend an estimated two (2) public informational workshops to discuss assessments with affected property owners. Effort will include preparation of graphics, plans, and elevations of the proposed improvement. 4.42 Attend the public hearing with the City Council and participate in the discussion of details of the proposed assessment district. Tabulate and testify to the percentage of protests by area. It is anticipated that the 1931 Act and 1911 or 1913 Act hearings will be held at the same meeting. 4.50 If a favorable vote is cast by a majority of the benefiting property owners, form the assessment district and assess costs. 4.51 Modify the engineer's report as directed by the City Council. File the finalized engineer's report, assessment diagram, and boundary report with the Superintendent of Streets for recordation with the County. 4.52 Following formation of the District, prepare notices of final assessment and cash collection period for bond retirement. Prepare lien list for filing with the County. Prepare initial Auditor's Record for yearly payments of principal, interest, and service charges on the bonds. It is anticipated that bonds will be sold under the 1915 Bond Act. 5.00 NEWPORT /BA* A BOULEVARD GEOMETRIC • 5..10 Working with City Public Works and Planning Department staffs, Boyle will prepare geometries and construction budget for the proposed realignment of the Newport Boulevard /Balboa Boulevard realignment. Two levels of treatment are currently being considered. One of the following two sections of this Scope is to be selected by the City to become part of the services provided by Boyle. 5.11 Utilizing the City conceptual design, refine a striping plan in conjunction with beautification designs. Prepare preliminary construction cost estimates. (This option is reflected in the Fee Schedule of our proposal.) 6.00 PARKING MANAGEMENT PLAN 6.10 In conjunction with the above projects, the preparation of an area -wide public parking management plan shall be prepared for City Council approval. 6.11 Prepare public parking management plan for the Cannery /McFadden Specific Plan area. Present the plan for City review and City Council approval. 6.20 At a minimum, this parking management plan shall include an analysis of potential revisions to the City's "in -lieu" fee program; installation of parking meters on all on- street and off - street public parking spaces; and an analysis of potential increases in the parking meter rates. 6.21 The plan will review existing parking studies for the subject area and similar studies for adjacent beach intensive areas. The plan shall include a determination of public parking requirements based on potential specific plan land use. The plan will indicate alternative parking arrangements, including limited time parking areas, all day employee parking needs, impact of residential parking, seasonal beach parking, out of area shuttle parking, etc. The plan will analyze revisions to the existing City parking fee structure to determine the cost needs and fee structure. Fees for use of metered areas, parking structures, and residential commercial usage will be reviewed. The final recommendation, based on City and public input, will be presented to the City Council for resolution. TASK COST REPORT BOYLE ENGINEERING CORPORATION run time > )10:03:16 tt 09 -06 -1980 ------------ ------- --- --- --- --- - - - - --- ACTIVITY / TASK ------------------- -- - - - - -- 1.00 PROJECT ORGANIZATION 2.00 PARKING STRUCTURE 2.10 Preliminary Plan: and Est 2,20 Prepare Petitions 2.30 Conduct Meetings and Vote 2.40 Contract Documents INA) 2.50 Funding Analysis Subtotal - Task 2,00 0 CANNERY AND MCFAOOEN 50 -713 Project Mgr: JOHN NIENRIE page I ---------------------------- --------------------------------------- ------------- ----- - - - --- COST IN DOLLARS D A T E PERSONNEL -HOURS TOTAL OTHER START FINISH A B C D 8 F NOUNS LABOR DIRECT TOTALS 09/01/86 09/07/86 3 5 0 0 0 4 12 664 0 664 imate: 09/07/86 10/15/86 6 40 36 80 80 8 250 13548 0 13548 10/15/86 11/01/86 10115/86 2 32 0 20 32 8 94 4908 0 4908 11 /01 /86 11/15/86 4 24 2 4 0 2 35 2392 0 2392 10101/86 10/15186 6 16 3 8 0 2 35 2282 0 2282 09/07/86 11/15/86 18 112 41 112 112 20 415 23130 0 23130 3.00 CANNERY VILLAGE STREETSCAPE 3.10 Preliminary Plane 3.20 Estimates 3,30 Pre ppare Petitions 3,40 Conduct Meetings and Vote 3.50 Form District Subtotal - Task 3.00 CDO MC FADDBN SQUARE 4.10 Preliminary Plana 4.20 Estimates 4.30 Prepare Petitions 4.40 Conduct Meetings and Vote 4.50 Form District Subtotal - Task 4.00 5.00 NEWPORT /BALBOA BOULEVARD 5.10 Alternative A Subtotal - Task 5,00 6.00 PARKING MANAGEMENT PLAN 7.00 ATTORNEY AND BOND COUNCIL ............................ -------- t1tt TOTALS M1 Resource code Average Rate A = PROJECT MANAGER 70A0 B = ASSESSMENT RHOS. 70.00 C = TRAFFIC ENGINEER 70.00 D = BNGR. /ARCH. 60.00 R = DRAFT, /TBCH. 35.00 F = CLERICAL 26.00 09/07/86 10115/86 6 8 8 70 40 4 136 7244 0 7244 1DOWS 10115/86 4 16 2 24 16 4 56 3644 0 3644 10115/86 11/01/86 2 16 0 16 9 8 50 2708 0 2708 11 /01/86 11 /15 /86 2 12 2 8 0 2 26 1652 0 1652 11115/86 12/01/86 1 24 0 0 0 4 29 1854 0 1854 09/07/86 12/01/86 15 76 12 118 64 22 307 17102 0 17102 09/07/86 10/15/86 4 16 16 100 60 4 200 10724 0 10724 10/01/86 10/15/86 4 24 2 32 20 4 86 4824 0 4824 10/15/86 11/01/86 2 24 0 16 8 8 58 3268 0 3268 11/01/86 11/15/86 4 12 2 16 0 2 36 2272 0 2272 11/15/86 12/01/86 1 24 0 0 0 4 29 1864 0 1854 09/07/8612/01/86 15 100 20 164 88 22 409 22942 0 22942 10/01/86 11/15/86 4 0 40 90 60 8 202 10788 0 10788 10/01/86 11/15/86 4 0 40 90 60 8 202 10788 0 10788 09/15186 10/10/86 4 0 100 80 56 40 280 15080 0 15080 10/01/86 12/01/86 0 0 0 0 0 0 0 0 10000 10000 ------------- -- ---------------- 59 ------ 293 213 -------- 564 ----------------------------------------------- 380 116 1625 89706 10000 99706 I I , I ,I II �g m = V V p U m m m m e m 4 0.0.000.m ti. ti. PV Z 6 V umo.0 obi S >moy.CJ <pi X00 00 00 0 00 00000 0 0 o O qo 0 City Council Meeting August 25, 1986 Agenda Item No. CITY OF NEWPORT BEACH TO: City Council FROM:: Planning Department J -2 BY THE. CITY COUNCIL CITY QL NEWPORT BEACLI AU U 2 5 19Bo APPROVED SUBJECT: Consultant Selection for Implementation of Public Improvements in the Cannery Village /McFadden Square Specific Plan Area Suggested Action a) If desired, direct staff to proceed with implementation of the Cannery Village /McFadden Square Specific Plan Area, including • 1) Realignment of the existing configuration of the Newport Boulevard /Balboa Boulevard intersection with minor modifications; or 2) Prepare plans and specifications for the realiqnnent of this intersection. b) Authorize the Mayor and the City Clerk to execute an agree- ment with the consultant for the implementation of Priority I and II of the Cannery Village /McFadden Square Specific Plan Public Improvement Component. Background The City Council, at its meeting of April 28, 1986, approved the Cannery Village /McFadden Square Specific Area Plan. Included within the Specific Area Plan is a public improvement component describing a variety of projects with an implementation schedule based upon their priority. • At its meeting of May 27, 1986, the City Council reviewed a Request for Proposal (RFP) and directed staff to solicit proposals from qualified consultants to implement Priority I and II of the Specific Plan. TO: CiOCouncil - 2. Consultant Selection The RFP was distributed to approximately 30 firms, including archi- tects, landscape architects, engineering firms, and traffic engineers. Staff received eight proposals in response to the RFP and interviewed all of the responding firms and consultant teams. Based upon these interviews, it is staff's recommendation that the City Council enter into an agreement with Boyle Engineering to perform the tasks necessary to implement Priority I and II as set forth in the attached Scope of Services. Boyle Engineering has extensive experi- ence in preparing landscape and streetscape plans, the formation of assessment districts, and other related engineering tasks. In addi- tion, Boyle Engineering is capable of providing all of the necessary services in- house, where the majority of other firms interviewed were to be joint ventures consisting of several consultants. Scone of Services The attached Scope of Services closely follows the Request for Pro- posal with two minor yet noticeable exceptions, as discussed below. McFadden Square Restroom Relocation. It is proposed that this consul- tant will prepare plans for the exterior of the facility, based upon • input from City staff, and integrate the building into the landscape and streetscape theme of McFadden Square. Staff is recommending that the restroom facility be located to the east of the base of the Newport Pier, in front of the Lifeguard Headquarters building. The Parks, Beaches, and Recreation Department will then contract separate- ly for the actual design and specifications of the facility, incor- porating the input from this consultant. Newport Blvd. /Balboa Blvd. Realignment. The intersection of Newport Boulevard and Balboa Boulevard, referred to as the 'mixmaster', has been the subject of considerable discussion over the past several years. In analyzing the circulation patterns of the peninsula area, various alternative alignments have been proposed. In conjunctio.: with the preparation of the Cannery Village /McFadden Square Specific Area Plan, the City retained the services of Austin -Foust Associates, a traffic engineering firm, to review the intersection and recommend a new alignment that resolved the existing problems related to bicycle and pedestrian circulation, vehicular parking, and capacity. while three alternative alignments were prepared, only two were considered feasible by staff. In order to determine the advantages or disadvan- tages of the existing alignment and the two alternatives, Austin - Foust_ • was again retained to prepare a matrix (copy attached) comparing a variety of elements including capacity, bicycle and pedestrian circu- lation, the amount of vehicular parking, costs, bus circulation and patron waiting areas, potential for "cruising," through traffic circu- lation, and other categories as shown. The result of this analysis_ indi.cat,s that there are some advantages and disadvantages for each of the three alignments. However, in the two most important catcgorie, -- roadway capacity and parking, neither TO: Ci LoCouncil - 3. • of the two alternatives results in an appreciable improvement over the existing alignment. Other elements of the intersection such as pedestrian and bicycle access and bus access and circulation, could be • improved somewhat by either alternative alignment. but the level of improvement is not considered significant. There would also be a deterioration in some aspects of the circulation system by implement- ing either of the alternatives. Specifically, there would be an increase from one existing signalized intersection to three, which would also hinder through- traffic to and from Peninsula Point. Also, because of the improved access to the West Ocean Front parking lot, and the improved access /egress from the side streets (22nd and 23rd Streets) , there will be greater difficulty in controlling cruising through the parking areas. Another major factor to be considered is the cost of constructing either of the two alternatives. Including signalization, it is estimated that Alternative No. 1 would cost $800,000, and Alternative No. 2 would cost $750,000. Staff is of the opinion that the estimated 5% increase in capacity and other minor improvements to the existing circulation system does not warrant an expenditure of $750,000 or more. In addition, in other categories there would be a reduction in service that is not offset by improvements in other areas. • Based upon City Council consideration of this matrix, two options are available. The consultant can prepare plans and cost estimates for minor modifications to the existing alignment that include the creation of a third outbound travel lane for peak hour use that would serve as a bike lane and parking lane in non -peak hours. This may result in the loss of on- street parking in some areas. In addition to the minor changes to the lane configuration, the consultant would integrate the landscape and streetscape theme of the McFadden Square area into the intersection and right -of -way area. The other alternative would be to direct the consultant to prepare the plans and specifications for the complete realignment of the inter- section, and incorporate the landscape and streetscape theme of McFadden Square into the islands and parking areas. staff recommends that the consultant be directed to prepare plans and cos*_ estimates for the minor modifications to the existing alignment, providing for a third outbound travel lane where feasible and appro- priate, and incorporate the McFadden square landscape and streetscape theme into this plan. • It is important to note that prior to implementing any changes to the intersection alignment, both the City Council and public will have ample opportunity to review and comment on any changes. The consultant has indicated that public participation in the develop - men` of landscape and streetscape plans is an integral part of this process. Public meetings arci discussions with property owners, businessmen, residents, and the City Council will insure that all concerns and desires of the cnmmunity are addressed in the final project. design. TO: Citwouncil - 4. • • Respectfully submitted, PLANNING DEPARTMENT .TAMES D. HEWICKER, Director i j�, BY �,�i Iv A j. ; ,_ . Vie' �J �(� j{�� CHRIS GUSTIN Senior Planner SAP4 /jm Attachments for City Council Only: 1. Scope of Services 2. Mix- Master Alternative Design Concept Evaluation Matrix • CANNERY VILLAGE /MCFADDEN SQUARE isCity of Newport Eeach SCOPE OF WORK 1.00 PROJECT ORGANIZATION 2.00 PARKING STRUCTURE, CANNERY VILLAGE Y 2.1C Working with the City staff, Eoyle will prepare preliminary plans and cost estimates for a three level parking structure accommodating approximately 165 automobiles. Although a specific site has not been selected, sufficient information is available for the preparation of plans and cost estimates. • 2. 11 identify typical site geometries of the proposed parking structure including size of parcel, orientation, and access. identify preliminary geometries of the building, building setbacks, building site and height, etc. `s 2.12 Prepare site concept plan showing preliminary building concepts including massing, scale, materials, and general method of construction. Review plan with City staff and revise to reflect City concerns. 2.13 Estimate total project design and construction cost, based on the apprcvea preliminary building concept. 2.20 Workin; with City staff, Ecyle will prepay= all required petiticns and documentation necessary tc • es *abl:sh an assessment district to fund a portion cf the costs associated with the construction of the parking structure. Y • • • 2. 21 Based on land use and benefit, determine the proposed assessment costs and allocate the costs to the parcels according to benefit. It is anticipated that City contributions to the project will offset the proposed assessments. 2.22 Prepare a 1931 ACT "Debit Limit" investigation report, unless waived by petition. of 60- percent of the assessed area. Prepare a boundary map, assessment diagram; and engineer's report as required by the 1913 Municipal Improvement Act. 2.23- Assist in the preparation of legal and council resolutions and petitions, as required by the City Attorney. Prepare mailers informing of the public hearing and public workshops for City distribution to affected property owners. 2.3.0 Conduct two public meetings to discuss this program with the affected property owners and conduct the required vote in conformance with state law (1911 or 1913 Acts). 2. --1 Attend an estimated two (2) public information workshops to discuss tho proposed assessments with affected property owners. This effort will include the preparation of graphics, plans, and elevations of the proposed improvement. 2._2 Attend the public hearing with the City Council and participate in the discussion of details of the proposed assessment district. It is anticipated that the 1931 Act and 1911 or 191; Act hearings will be held a_ the same meeting. 2.33 Modify the engineer's report as directed by the City Council. File the fina_ized engineer's report, assessment diagram, and boundary report with the Superintendent of Streets for recordation with the County. L7 .. ......,.._.- ..._... ........... __ -.. ......_..._.__ - _...... -... 2.34 Following the formation of the District, prepare notices of final assessment and cash collection period for bond retirement. Prepare lien list for filing with the • County. Prepare initial Auditor's fiecord for yearly payments of principal, interest. and service charges on the bonds. It is anticipated that bonds will be sold under the 1915 Bond Act. 2.4o If a favorable vote is cast by a majority of the benefiting property owners and after a site is selected, prepare the final design and contract documents for the structure under separate contract. 2.50 Boyle will provide an analysis of the various funding mechanisms available to finance the construction of the facility (i.e., bond issue, sale of spaces through the "in- lieu" program, funding entirely by the City, etc.) 2.51 Research funding mechanisms used by • Newport Beach and other municipalities. 2.52 Analyze potential income from varicUa funding sources, determining advantages /disadvantages, time frames, amount of money, rate of return, etc., compared to construction cost. 2.53 In conjunction with City staff, determine appropriate funding source breakdown , including share to be provided by assessment district, and amount of assessment.. Co CANN'ER'Y VILLAGE STREETSCAPE 3. 10 in conjunction with the street improvement plans available from the Public Works Department (Norris -Repke project) , Eoyle will integrat.a ar . appropriate landscaping and streetscape program. into the street improvement plan. The streetscape • p1ar, should fullcw a cohesive design t� :emc, considering stree,; furniture, signs, lighr_ng, public areas, etc., all within the exist in,;, City -owned right -of -way. 1 Review thr Spa c. f i c Plan and street. improve ^,er,t ,,fans ereviously prepared an assccia,.. c:;st estimates. 1 i 3.1, 2 Meet with City staff to discuss issues and priorities, including cost factors. S 3. 13 Prepare an "Existing Conditions" analysis map and photo inventory. 3-14 Formulate a conceptual streetscape plan, including street furniture, traffic control y signs, special paving, pedestrian/ street lighting, etc., within City right -of -way. 3 9 3.15 Review concept with City and refine plans. i I 3.16 Integrate concept plan with street improvement plans to create preliminary plans sufficient for detailed cost estimating. Review with City and refine. ; 3.20 Prepare detailed cost estimates. 3.21 Prepare a detailed cost estimate. Identify potential contingency factors. Estimates of costs for improvements designed and engineered by others will be provided by the City. 3.30 Prepare all required petitions and documentation • necessary to establish an assessment district to fund all of the costs associated with this project. 3.31 Based on land use and benefit areas identified in the Cannery Village Specific Plan, determine the proposed assessment costs and allocate the costs to the parcels according to benefit. 3. 32 Prepare a 1931 Act "Debt Limit" investigation report, unless waived by petition of 60- percent of the assessed area. Prepare a boundary map, assessment diagram, and engineer's report as required by the 1913 Municipal Improvement Act. 3.33 Assist in the preparation of legal and council resolutions and petitions, as required by the City Attorney. Prepare j mailers informing of the public hearing and public workshops for City distribution to affected property owners. j The entire cost of the project is anticipated to be assessed to benefiting property owners. t i t� 3 40 Conduct two public meetings to discuss this program with the affected property owners and conduct the required vote in conformance with state law (1911 or 1913 Acts). 3.41 Attend an estimated two (2) public •' informational workshops to discuss the proposed assessments with affected property owners. This effort will include the preparation of graphics, plans, and elevations of the proposed improvements. 3.42 Attend the public hearing with the City Council and participate in the discussion of details of the proposed assessment district. Tabulate and testify to the percentage of protests by area. It is anticipated that the 1931 Act and 1911 or 1913 Act hearings will be held at the same meeting. 3.50 If a favorable vote is cast by a majority of the benefiting property owners, form the assessment district and assess costs. 3.51 Modify the engineer's report as directed by the City Council. File the finalized engineer's report, assessment diagram, and boundary report with the Superintendent of Streets for recordation with the County. 3.52 Following formation of the District, prepare notices of final assessment and cash collection period for bond retirement. Prepare lien list for filing with the County. Prepare initial Auditor's Record for yearly payments of principal, interest, and service charges on the bonds. It is anticipated that bonds will be sold under the 1915 Bond Act. I .9ai.Pe Encvneeono Cdrocrimeon ' 4.00 RESTROOM RELOCATION; MCFADDEN SQUARE PLAZA, PROMENADE, AND i STREETSCAPE 4.io Working with the City Planning and Parks, Eeaches, and Recreation Department staffs, prepare schematic • site designs for a new public restroom facility in the Newport Pier area. The site for this new facility is proposed to be in front of the City Lifeguard headquarters to the east of the Newport Pier. • • 4. 11 Using restroom footprint to be supplied by the City, locate the restroom and provide a site plan and elevations appropriate for its setting, in conjunction with preliminaries for McFadden Square (see 4. 20 below) . One meeting has been allocated to this item for purposes of the fee estimate. 4.20 While maintaining a cohesive design and landscaping theme, prepare preliminary design plans for the public areas of McFadden Square including the area at the foot of the Newport Pier, the public sidewalks, and islands within the street right -of -way, and the area within and surrounding the West Ocean Front parking lot. 4.21 Review the Specific Plan, associated cost estimates, issues and priorities for McFadden Square with City staff. 4.22 Prepare "existing conditions" analysis map and photo inventory. 4.23 Formulate a concept plan, including street furniture, traffic control signs, special paving, pedestrian lighting, etc. Review concept approach with City and refine. 4.24 Apply concept approach to detailed base map to create a preliminary plan. Review with City and refine. 4.25 Prepare detailed cost estimates. Identify potential contingency factors /unknowns (e.g., interim traffic control, storm drain, etc.). i J {i _._. Soule En0 +nccur�:�C ^,: ,^: -: :3t;c:; - -✓ (Z) I i i i i 4.30 Integrate plans for the proposed bicycle and pedestrian walk through the McFadden Square area into the design of the public areas discussed above. The Public Works Department will provide the proposed alignment for the bicycle and pedestrian trail. 4.31 Using bicycle and pedestrian trail alignments to be provided by the Public Works Department, integrate trail design into the McFadden Square design. The work will be completed in conjunction with preliminaries for McFadden Square (see 4.20 above). One meeting has been allocated to this item for fee estimate purposes. 4.40 Conduct any necessary public meetings to discuss this program with the affected property owners and conduct the required vote in conformance with state law (1911 and 1913 Acts). 4.41 Attend an estimated two (2) public informational workshops to discuss assessments with affected property owners. Effort will include preparation of graphics, plans, and elevations of the proposed improvement. 4.42 Attend the public hearing with the City Council and participate in the discussion of details of the proposed assessment district. Tabulate and testify to the percentage of protests by area. It is anticipated that the 1931 Act and 1911 or 1913 Act hearings will be held at the same meeting. 4.50 If a favorable vote is cast by a majority of the benefiting property owners, form the assessment district and assess costs. 4.51 Modify the engineer's report as directed by the City Council. File the finalized engineer's report, assessment diagram, and boundary report with the Superintendent of Streets for recordation with the County. 4.52 Following formation of the District, prepare notices of final assessment and cash collection period for bond retirement. Prepare lien list for filing with the County. Prepare initial Auditor's Record for yearly payments of principal, interest. ' and service charges on the bonds. It is i anticipated that bonds will be sold under the 1915 Eond Act. 1 r i j 5.00 NEWPORT /BALBOA BOULEVARD GEOMETRIC i 5. 10 Working with City Public Works and Planning Department staffs, Eoyle will prepare geometries and construction budget for the proposed realignment of the Newport Eoulevard /Ealboa Eoulevard realignment. Two levels of treatment are currently being considered. One of the following two sections of this Scope is to be selected by the City to become part of the services provided by Ecyle. 5.111 Utilizing the City conceptual design, refine a striping plan in conjunction with beautification designs. Prepare preliminary construction cost estimates. (This option is reflected in the Fee Schedule of our proposal.) 5-112 Utilizing the City conceptual plan, prepare geometries and approved plans at 40 -foot scale for the Newport /Ealboa intersection. The geometric plan will indicate traffic parking, bicycle lane widths, curb and gutter, striping, signing, and traffic control devices. Plan will also indicate existing and proposed right -of -way lines. Prepare preliminary estimate of construction costs. (This option is not reflected in th Fee Schedule of our proposal.) 6.00 PARKING MANAGEMENT PLAN i 6. iC In conjunction with the above projects, the preparation of an area -wide public parking management plan shall be prepared for City Council approval. 6. 11 Prepare public parking management plan for the Cannery /McFadden Specific Plan area. Present the plan for City review and City Council approval. OoLi:e EnQinr 6crinQ C, INC,. Cirn �/ • 6. 2C At a minimum, this parking management plan shall include an analysis of potential revisions to the City's "in- lieu" fee program; installation of parking meters on all on- street and off - street public parking spaces; and an analysis of potential increases in the parking meter rates. 6.21 The plan will review existing parking studies for the subject area and similar studies for adjacent beach intensive areas. The plan shall include a determination of public parking requirements based on potential specific plan land use. The plan will indicate alternative parking arrangements, including limited time parking areas, all day employee parking needs, impact of residential parking, seasonal beach parking, out of area shuttle parking, etc. The plan will analyze revisions to the existing City parking fee structure to determine the cost needs and fee structure. Fees for use of metered areas, parking structures, and residential commercial usage will be reviewed. The final recommendation, based on City and public input, will be presented to the City Council for resolution. °_OUIe Enc�n rai +nr-C C.cr_':= ^aGC:n I3 C-] • TASK COST REPORT F74a E9e; rEF 919'i E:.P;F ailtr - 440 +6 ae ; "E 50 3?11 -)L• Pr �;.;t •;n JI- v YIEVEYE - - --- -3 -- ---- I [ 0 5 1 ---e �, i 4Ji 42 4 8 3 0 b T E 7EF50spEl �ELi3 10TAL �80 STIiT i1V154 4 B C 0 E G 'G.Rs LAM eU.ECT 90i;L5 I 07101:76 091071@6 r 5 0 0 0 4 12 661 0 661 _1'.r „r' F'I a:,s and Ea ti ulx; ;9r0'/ ?6 Ia;5l i6 6 [J :6 30 SO 9 3`0 17538 "43 �e Lrx P' -�. L,:; 10l;5r6 IU4 rah 0 :0 �0 6 41 1908 6 4952 1 9 1 2 76 4792 0 J92 1JG 1: ?6 C115N_i 6 l5 3 ' 2 1 :` 2 182 0 :I; Ili 11 112 .,_ :0 719 2:111) 0 231 ;a 'relrnrary P:ar3 ;9I37i26 10/15126 6 6 8 70 40 4 136 7214 0 ?211 .'d Est, uses ;97P1id6 IOIISr86 4 16 t 21 16 4 66 7614 0 7614 5V26 IIIJI166 2 16 0 16 B 8 50 2706 0 22.4 ' -11 ' .:zt •xxt a;s od 'Vote II /G.;ib IIr.5rc1 ' is ' 3 0 2 26 16`2 0 _e %cn it stria !111546 1200e 1 :4 0 0 0 4 29 id54 0 id.1 CI01/56 1`. 76 !2 119 el 22 607 I7l'J2 0 17101 [. :' ,e Lea .arl F!s-z 9!07146 .'1 =V56 10115:_6 19I:5R6 4 4 16 :4 16 2 19] 6J 2J 4 4 200 86 107:1 4821 0 0 4824 4. :0 arx Px; ,:;ns IVrla "e6 =11011.` -S :4 J IS a 3 58 3268 0 32`8 1.14 ' --; aid ;ete r 7 1;13::'6 II16r ?6 4 12 2 :6 0 2 76 2272 0 :272 1.5J °rn ;tr �it ILI L`flS 121011:6 I Y 0 0 0 1 29 12$4 0 1454 42;01:36 15 110 20 164 33 2, 409 22742 0 22942 • 10 90 6J a .10 10788 -7 bi763 0 0 0 0 0 0 0 0 0 0 4 0 30 '0 60 3 J2 10726 0 14713 0 100 60 56 40 23C INN 0 15034 ,. C:L IOi 01'36 ^l0 !; 26 d J 0 0 0 0 0 0 10.14 IGv:-PO --- _---------------- -_ ------------------------------------------------------------------------ ------------ i 1� 0 Table 1 • MIX- MASTER EVALUATION MATRIX '1 CONSIDERATION EXISTING ALTERNATIVE 1 ALTERNATIVE 2 Capacity: A. Net Cain 0% +5% +5`t B. Lanes Inbound 4 +2' (a) 41j 2� 4k, +2' C. Lanes Outbound 3' 4 3 -4 3 -4 Parking Spaces: 201 202 211 No. of Signals to 1 (Avg) 3 2� (Avg) transverse Bus Parking Adequate Adequate Good Bus Circulation Adequate Better Poor Red Access to Buses Marginal Better Good Pedestrian Circulation Marginal Good (b) Better (c) • Access to Local Property Good Poor Marginal (d) Frontage (Bayside of Newport) Access to Pier Poor Good Better Parking Lot Circulation within Pier Same Same Same Parking Lot Bicycle Circulation None Provided Bike Lane Bike Lanes Provided Provided Thru Traffic to /from Same Somewhat Somewhat Peninsula Point Area Deteriorated (e) Deteriorated (e) Impact on Cruising Same Harder to Prevent Harder to Prevent (f) (f) Costs: A. Signalization + $300,000 $350,000 B. Roadway Constr. - $500,000 $400,000 Total Estimated Cost None $800,000 $750,000 • Footnotes: (a) Four lanes become 2� lanes; � lane is equivalent to turn lane. (b) New signals improve ped flow and parking, all on ocean side; peds do not cross Newport Blvd. (c) Signals improve ped crossing, but are disincentive to motor vehicle flow. (d) Requires U-turns. (e) Increased number of signals hinders thru ::.ovement, but improves access to /from side streets. (f) New signals improve access to /from pier parking lot and thereby further 'promotes' cruising. '1 U St. 0 I �m I i I O m � II I � \ vayF II i I 11 I 1 I I I n I I / � /l- 1S -sZZ I ! i �v. r ! i.i 25 FEZ r. V V J 0 c a o c © a s 0 d a s _ c o= s 3 11 0 0 V-6 iS QNZZ ml Ll 9 11 2 F` F z w z H c� H H w a w 4 a 1 w F F e. x H u z n r r < u O w w r w 1� r w t l