HomeMy WebLinkAboutC-2851(B) - Irvine Avenue Improvements - Santiago Drive to University Drive/Irvine Avenue and University Drive Class 1 Bike Trail and Street ImprovementAMENDMENT NO. 2
TO
CONSULTANT AGREEMENT
IRVINE AVENUE AND UNIVERSITY DRIVE
CLASS 1 BIKE TRAIL AND STREET IMPROVEMENT
CONTRACT NO. 2851
THIS AMENDMENT NO. 2 TO AGREEMENT, made and entered into this
A0-dJ day of 1996 by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and
IWA ENGINEERS, whose address is 17390 Brookhurst Street Suite 100, Fountain
Valley, CA 92708 (hereinafter referred to as "CONSULTANT ") is made with reference to
the following:
RECITALS:
A. On September 24, 1992, a Consultant Agreement was entered into by
and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'.
B. On June 14, 1995, Amendment No. 1 was entered into by and between
the CITY and the CONSULTANT.
C. CITY and CONSULTANT mutually desire to amend the AGREEMENT as
provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The term of the Agreement , which commenced on September 24, 1992,
shall be extended to expire on May 31, 1996.
2. In addition to the services described in the AGREEMENT, CONSULTANT
shall complete the services and work as detailed in the attached Additional Budget
Request dated February 6, 1996, hereto set forth in Exhibit "A ".
3. CONSULTANT shall be compensated for the additional performed services
pursuant to this Amendment in the amount and manner set forth in Exhibit "A ", which is
attached hereto and incorporated by the reference. The maximum fee shall not to
exceed $28,069.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in AGREEMENT shall remain the same and shall be in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
AMENDMENT NO. 1 to AGREEMENT on the date first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
BY:
Mayor
APPROVED AS TO FORM:
City Attorney
ENGINEER
BY
IWA ENGINEERS
ATTEST:
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State of California
County of Orange
On // /e before
personally
me, Irene Butler, Notary Public,
0 personally known to me - OR - P:a-
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CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Limited Partner
General Partner
Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other: V[
Signer Is Representing:
proved to me on the basis of satisfactory evidence
to be the pers s) hose na (s' i re
subscribed to a within instrument and
acknowledged to me that he /sh hey
executed the same in his /her a uthorizef�
capacit ies and that by his /her eir
sign atur on the instrument the perso rnsW
ortheentityupon behalf of which the perso s
acted, executed the instrument.
WITNESS my hand and official seal.
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DESCRIPTION OF ATT
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DOCUMENT
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Title or Type f Document/
Number of Pages
Date of Document
Signer(s) Other Than Named Above
6 •
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17149689286 a ENGINEERS F -98 577 P- 002/021 FES 05 '96 16:35
V&
February 6, 1996
IWA ENGINEERS
173W 8Kx* uMt Sheet. safe 100
Foantoln WAey, Coctortra 42718
(714) 968 -1721 • FAX (714) 468 -4286
Mr. John Wolter
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California 92658
PROJECT; Irvine Avenue Bika Trail and Street improvements
Additional Budget Request
Dear John:
252 -05 -018
Having completed and submitted the Fatal Engineering Plans, Specifications and Cost Estimates
for the above mentioned project, we feel it is necessary to review the status of our current
contract for Final Engineering Services. As you are aware, we have exceeded the current
contract amount in providing additional services requested by the City as necessary to complete
the project design plans and bid documents on a very restrictive schedule.
The City of Newport Beach executed a Consultant Services Agreement with IWA Engineers on
September 28, 1992 for 8120,000 to provide Final Engineering for the above mentioned
project. The original contract was amended on January 18, 1994 with an Additional Services
Agreement for 825,300 to pay for services described in a letter from IWA to the City dated
January 18, 1994. An Additional Budget Request for $ 1,840 was verbally authorized in June
of 1994 to pay for grading design modifications requested by the City. An Additional Services
Agreement was approved on June 14, 1995 for 841,000 to pay for additional items of work
requested by the County of Orange as described in a letter from IWA to the City dated October
28, 1994. The current total contract to complete the Final Design of the project Is
8188,140.00. At this time; we request an additional budget amount of 828,069 to pay for the
work performed by IWA Engineers and its subconsultants to complete the additional work as
requested by the City end described below.
In November of 1994, the City authorized IWA to begin the additional work as described in the
letter of October 28, 1994. The County agreed to pay the City for half of the 641,000 design
fees since most of the changes were requested by the County. Although the City verbally
authorized the work, the City Council had not approved the additional expenditure prior to the
project being put on hold in January of 1995 due to the County bankruptcy in December of
1994. By January, IWA had already completed 90% of the total scope of work necessary to
complete the project.
The County approved the funds for completing the project in June of 1995 and the City Council
was then able to approve the 641,000 expenditure on June 14, 1995. The remaining balance
of the total amended contract on June 23, 1995 was 620.713. The items of work remaining
Included preparing specifications, estimates, and processing the plans through the City for
review and comments.
On July 5, 1995, IWA Engineers met with the City and the County to re -start the project,
revisit design issues, and discuss project status. As a result of this meeting, some new design
requirements were established which were not included in the original or amended scope of
ArsunJYvuni 8 a Eyptsrr "a"
17149E89286 ENGINEERS F -5777 P- 003/021 FEB 05 '96 16:36
Mr. John Wolter February 6, 1996
City of Newport Beach Page 2
work. Based on the additional work identified, IWA sent the City a letter on July 13, 1995
explaining the current contract would not be sufficient to complete the final plant,
specifications, estimates, due to the City's latest additions to the scope of work. At that time,
the City verbally authorized IWA to proceed with work as necessary to complete the project and
assured IWA compensation would be made at a later date.
Since that time, the City and the County of Orange have made more requests for additional
work beyond the original and previously amended scope, and beyond that identified on July 5,
1995. Various other efforts were also added to the scope by way of 1) changes to original
design criteria, 2) preparation of intermediate plan submittals, 3) coordination with the County,
the Geotechnical Consultant, and the City staff, 4) revisions to the specifications and cost
estimates, and 5) costa associated with stopping and restarting a project.
Attached is the associated breakdown of tasks and hours worked to date and estimated to
complete the project. These tasks represent the various additional items of work requested by
the City to be included in the plans, specifications, and cost estimates which are not part of
the original or amended scope of work. A breakdown of the fees for each task listed is as
follows:
A. Additional Items of work requested by the City at the meeting of July 5, 1996:
1.
Revise Bike Trail Vertical Alignment at Archaeo. Site
$2,100
2.
Revise Bike Trail Alignment at Interpretive Center
720
3.
University Drive Drainage Design
6,602
4.
Decorative Concrete Strip Along Irvine Avenue
858
5.
Modify Bike Trail Drainage at Toe of Slope
1,790
6.
Provide Additional Utility Plans
1,558
7.
Provide Modifications and Additions to Specifications
2,300
8.
Associated Meetings and Coordination
1..482
Subtotal: $17,290
B. Additional items of work as requested by the City between July 5, 1995 and October 13,
1995:
1. Irvine Avenue Storm Drain Replacements $2,987
2. Irvine Avenue Curb Profile 2,297
3. Cost Estimates 2,090
4. Reimbursables ,52$
Subtotal: $7,902
17149689286
Mr. John Wolter
City of Newport Beach
II ENG I VEERS F -988 4k777 P-004/021 FEB 05 '96 16:36
February 6, 1996
Page 3
C. Additional Items of work as requested from the City between October 13, 1995 and
October 31, 1995:
Description Coat
1. Bike Trail Area Drainage Inlets and Culverts $1,042
2. Irvine Avenue Storm Drain Plans 1,460
3. Irvine Avenue Structural Section Modification 375
Subtotal: $2,677
Total $29,069
Further explanation of each item is provided below.
A. Additional Items of Work Requested from the City and County at the Meeting of July 5,
1995 and Identified in the Letter of July 13, 1995:
1. Revise Bike Trail Alignment at Archaeological Site Cost: $2,100
This work was completed as described In the July 13 letter at a higher cost than
originally anticipated in the letter due to additional grading design effort required In the
areas where the City requested the bike trail profile be raised. This change created the
potential for water to be trapped between the proposed curb of Wne Avenue and the
bike trail.
2. Revise Bike Trail Alignment at Interpretive Center Cost: $720
This work was completed es described in the July 13 letter at a higher cost than
originally anticipated in the letter since the County made several changes to their
Interpretive Center entrance design and made requests for changes to the bike trail
alignment in the vicinity of the entrance. The horizontal and vertical alignments of the
bike trail were ultimately modified to accommodate a driveway entrance designed by
IWA. This was preferred by the City rather than waiting for the County to provide the
latest design information since the County indicated their design schedule was
significantly behind ours. This work also includes the many bike trail alignment design
iterations at the Interpretive Canter entrance and at the intersection of Irvine Avenue
and University Drive resulting from coordinating with the County and incorporating the
County's changes.
3. University Drive Drainage Design
Cost: $6,502
This work was completed as described in the July 13 letter at a higher cost than
originally anticipated in the letter due to various changes in scope related to storm drain
design. The original scope did not include the preparation of storm drain plans,
however, storm drain plans are now a part of the final plans. The ultimate storm drain
17149689286 a ENGINEERS
Mr. John Wolter
City of Newport Beach
F -94 -577 P- 0051021 FEB 05 '96 16:37
February 8, 1998
Page 4
design followed the chronology of tasks performed by IWA, at the direction of the City,
as described below.
a. Originally, the drainage system designed to drain Irvine Avenue near the
Intersection of University Drive, included a proposed curb inlet approximately
100 feet south of the intersection on Irvine Avenue. An 18 inch pipe was
proposed to carry flows from the inlet to the Back Bay by crossing under the
bike trail and daylighting through a concrete headwall. The County was not in
favor of this design for the following reasons:
1. Concentrated flows of such a pipe system, would cause new undesirable
erosion patterns in the Back Bay.
2. A headwall outlet with a rip -rap pad was not aesthetically desirable in
keeping with the Back Bay Park design.
3. Street runoff carried into the Back Bay Park would not be environmentally
acceptable.
b. Given the County's concerns, the City's direction was to analyze other
alternatives including a retention basin between the proposed curb fine of Irvine
Avenue and the bike trail, or possibly diverting the water in Irvine Avenue into
the gutter aktrtg the northerly side of University Drive. Both alternatives were
analyzed and the retention basin was reviewed by the County, however, this
drainage issue was not resolved when the project was put on hold in January of
1998.
C. Once the project was restarted, the City's direction was to design a storm drain
system along the southerly side of University Drive using a crowned street
section to carry flows from the intersection and constructing a single curb inlet
Just west of the Interpretive Center entrance, (instead of constructing a curb inlet
in Irvine Avenue as described in (a.) above). This design would also include an
1 B -Inch pipe to cross under, and daylight just east of, the Interpretive Center
entrance where an earth channel or concrete V -ditch would be constructed.
d. IWA performed a hydraulic analysis of the proposed storm drain system
described in paragraph (c.) which showed that a single inlet along University
Drive would not be sufficient to meet the City's 10 -year storm flooded width
criteria at the inlet location.
e. It was deeded the most suitable design would require the storm drain system to
include an inlet in the easterly curb of Irvine Avenue just south of the curb return
et University Drive, similar to the system described in paragraph (a.). Unlike the
system described in paragraph (a.), this system design also required a curb inlet
be constructed along University Drive as described in paragraph (c.) with a pipe
connecting the two inlets. Also included would be a pipe constructed from the
University Drive inlet to cross under the Interpretive Center entrance and
continue eastward along the southerly side of University Drive. The Outlet of
17149689286 . ENGINEERS F- 986&77 P- 0061021 FEB 05 '96 16:37
Mr. John Wolter February 6, 1996
City of Newport Beach Page 5
this pipe would daylight at the downstream end just cost of the existing concrete
V- ditch, requiring a total of approximately 1200 feet of 18 inch RCP and two
sub inlets.
f. Given the City's desire at the outset of the project design to keep project costs
minimised, IWA prepared a feasibil'rty/hydrautic study of returning University
Drive to a full tilt section, rather than a crowned section, and constructing a
concrete cross gutter to carry flows into the northerly side of University Drive,
thus eliminating all of the storm drain pipes and inlets. This design was found
to meet the City's flooded width design criteria at a greatly reduced cost. This
work also involved an iterative design process with regard to the Irvine Avenue
curb profile.
Q. The City's ensuing direction was to proceed with the 1200 foot storm drain
design described above in paragraph (a.). This work included preparation of a
storm drain hydraulic analysis for hydraulic grades, inlet sizing, and flooded
width. it was also necessary to design an outlet transition structure where the
storm drain pipe empties into the concrete V -ditch at the toe of the cul -de -sac
embankment slope.
4. Decorative Concrete Strip Along Irvine Avenue Cost: 4858
This work was completed as described in the July 13 letter at a higher cost than
originally anticipated In the letter due to modifications required to accommodate
additional utility and drainage work described in item 6 below for the new curb inlets
and fire hydrant replacements.
5. Modify Bike Trail Drainage at Toe of Slope
Cost: 41.790
This work was completed as described in the July 13 letter. The cost shown reflects
the actual effort to complete the task.
6. Additional Utility Plans
Cost: $1,558
This work was completed as described in the July 13 letter at a higher cost than
originally anticipated in the letter due to efforts described here which were not foreseen
on July 13. A total of five 24nch water services and five fire hydrant replacements
were included in the plans. This included a meeting and coordination with the City's
Utility Personnel. No sewer provisions were included on the fowl plans, however, at one
point a plan and profile for a force main sleeve crossing under the bike trail was added
to the plans to provide for a future force main to be constructed as part of the County's
Interpretive Center plans. The sleeve was later removed from the plans at the City's
direction.
17149689286 0 ENGINEERS
Mr. John Wolter
City of Newport Beach
7. Modifications and Additions to Specifications
F- 9-577 P- 007/-021 FEB 05 196 16:38
February 6, 1998
Page 6
Cost: $2,300
The cost to provide additional specifications includes the efforts in revising and making
additions to the specifications to reflect all of the items of work described in this letter
and does not include work to prepare the specifications or make changes per comments
received which was within the current scope.
S. Associated Meetings and Coordination
Cost: €1,482
Since the project start-up meeting on July 5, 1995, IWA has attended four meetings
as necessary to complete the project as follows:
1. August 22, 1995 at IWA Engineers - Discussed various issues relating to
County concerns (based on fax received from City on 8121/95), project
schedule, seed mix, borrow sites, etc.
2. September 27, 1995 at the City's Utility Department - Discussed utility
Issues relating to fire hydrant relocations, water services, sewer services
and cost estimates.
3. October 11. 1995 at the City - Discussed outstanding issues relative to
plans, specifications. and estimates. hems discussed include the handling
of overexcavation, archaeological excavation, additional storm drain
improvements, utility coordination, detours, pavement types, etc.
4. October 20, 1995 at the City - Discussed earthwork payment methods,
Mal submittal comments including bike trail area drains and additional
storm drain Improvements.
Of these four meetings, the meetings of September 27 and October 11, 1995 were
required for purposes related to additional items of work as described in this letter.
B. Additional Items of Work Requested Between July 5, 1995 and October 13, 1995.
1. Irvine Avenue Storm Drain Replacements
Cost: $2,987
This work involves replacing portions of two existing RCP storm drain pipes which
originate at drainage inlets along Irvine Avenue at Street Stations 33 +85 and 48 +70.
The locations of the existing pipes beyond the curb lines of Irvine Avenue were not part
of recorded as- bunts in the files of the City or the County and were not known by IWA
to exist until after the first week in October, 1995. The City provided IWA with data
from camera investigations which showed these pipes to be in excessive disrepair. The
City, therefore, requested IWA include on the plans the replacement of the portions of
these pipes within the limits of the bike trail grading.
17149689286 0 ENGINEERS F -980577 P- 008/021 FEB 05 '96 16:39
Mr. John Wolter
City of Newport Beach
2. Irvine Avenue Curb Profile
February 6, 1996
Page 7
Cost: $2,297
Throughout the course of the plan preparation, the City's direction with regard to the
design of the proposed Irvine Avenue curb profile was to provide for a 2 -inch AC overlay
to be constructed shortly following the completion of this project. On October 10,
1995, the City changed this direction and requested the curb profile be designed
without provisions for a 2 -inch AC overlay in the near future. This required changing
the entire proposed curb line of Irvine Avenue by lowering it to meet the City's cross fall
criteria.
3. Cost Estimates
Cost: 02,090
Due to the County's Involvement with the project funding, various cost estimates were
prepared to show a breakdown of the construction costs for particular segments of
work which could then be assigned to the City and the County for cost sharing
purposes. This work also includes revising the oust estimate and bid schedule to reflect
the additional items of work as described in this letter.
4. Reimbursables
Coat: 0628
Due to the restrictive schedule, It was necessary to provide additional blue -line plan sets
to the City and County for review prior to finalizing the project plans. This cost does
not Include the originally proposed number of submittal plan sets as normally required
to process plans through the City.
C. Additional items of Work Requested Between October 13, 1995 and October 31, 1995.
1. Bike Trail Area Drainage Inlets and Culverts Cost: 41,042
The City requested a number of drainage facilities be added to the plans between the
proposed Irvine Avenue and University Drive curb lines and the proposed bike trail
alignment. Throughout the course of the plan preparation, the City's direction with
respect to these drainage areas was to design the vertical alignment of the bike trail
slightly above the existing ground to keep storm water from carrying dirt and silt over
the top of the trail. At the same time, this would allow larger flows to overtop the bike
trail, but only after de- silting had occurred: It was also the City's interest not to build
excessive drainage facilities which would be expensive. Additionally, the County was
not interested in constructing facilities which would cause new erosion patterns within
the Back Bay. The request to include these 'area drainage Inlets' came after the City
decided that issues concerning mitigation of water and sand flowing across the bike trail
should take precedence and after the earlier design had been finalized.
2. Irvine Avenue Storm Drain Plans
Cost: 01,460
The City requested a new curb inlet be constructed along the proposed Irvine Avenue
curb at Street Station 56 +50.00 and a storm drain pipe be constructed from this inlet
to the curb inlet proposed along Irvine Avenue at Street Station 66 +39.07.
17149689286 a ENG I DEERS F-9884 i7 P- 009/021 FEB 05 '96 16:39
Mr. John Wolter
City of Newport Beach
3. Irvine Avenue Structural Section Modification
February 8, 1996
Page 8
Cost: $375
Throughout the course of the plan preparation, the City's direction with respect to
roadway pavement design was not to perform pavement studies, but to use the City's
minimum standard roadway section of flinch AC over 8 -inch AS. The City's new
direction is to use flinch AC over 104nch AS on Irvine Avenue only. This work required
modifications to the typical sections and recalculation of the quantities of AS.
The total of additional budget requested for value engineering is $29,009.
A summary of the budget history is as follows:
Original Contract Amount
8120,000.00
Contract Amendment
25,300.00
Additional Grading
1,840.00
Contract Amendment
41.000.00
Current Contract
$188,140.00
Additional Budget Request $2R_069.00
Totd Budget Amount $216,209.00
Throughout the project we have worked diligently toward its completion. We believe we have
kept the City Involved and informed as thoroughly as possible regarding the design, design fees,
and construction costs, and have continued to do so with respect to the additional items of
work requested. We took forward to the City's timely processing of our additional budget
request. If you have additional questions, please call me to discuss.
Sincerely, 44-
Jon Austin
Project Engineer
cc: Susan Inoledon
Marie Marston
Fong Tse
Attachment
• Elm [ 1-Mil_
CIVIL ENGINEERING SERVICES
DURING CONSTRUCTION OF
IRVINE AVENUE AND UNIVERSITY DRIVE
CLASS 1 BIKE TRAIL AND STREET IMPROVEMENT 1
CONTRACT NO. 2851
THIS AGREEMENT, entered into this AL day of
1996, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "CITY ") and IWA Engineers, whose
address is 17390 Brookhurst Street, Suite 100, Fountain Valley, California 92708
(hereinafter referred to as "CONSULTANT") is made with reference to the following:
RECITALS:
A. 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. CONSULTANT is a private consulting firm organized under the
laws of the State of California to conduct the business of providing professional civil
engineering and land surveying services to public and private entities.
C. CITY has awarded a contract to construct the Irvine Avenue and
University Drive Class 1 Bike Trail and Street Improvements, Contract No. 2851.
D. CONSULTANT has submitted a proposal dated February 2, 1996,
offering to provide project cross sections, NPDES (SWPPP), quantity verification, and
design clarification services during construction operations to be performed under
Contract No. 2851.
E. CITY desires to accept CONSULTANT's proposal dated February
2, 1996, to provide such construction support services.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
SECTION 1. TERM
The term of this Agreement shall commence on the date written above and shall
terminate on December 30, 1996, unless terminated earlier as set forth herein.
SECTION 2. SERVICES TO BE PE FORMED BY THE CONSULTANT
CONSULTANT shall complete all services and work as outlined herein and more
fully described in the Proposal dated February 2, 1996, attached hereto and identified
as Exhibit "A ".
0 0
SECTION 3. COMPENSATION TO CONSULTANT
CONSULTANT shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "A" which is attached hereto
and incorporated herein by this reference. Billing shall be on a time and materials basis
and shall not exceed $27,228.00 without further written authorization. In the event of
unforeseen changes or required additions to the work which are not outlined in the
agreement, the Public Works Director may authorize additional compensation up to
10% of original agreement amount.
SECTION 4. STANDARD OF CARE
CONSULTANT agrees to perform all services hereunder in a manner
commensurate with the community professional standards and agrees that all services
shall be performed by qualified and experienced personnel who are not employed by
the CITY nor have any contractual relationship with CITY.
SECTION 5. INDEPENDENT PARTIES
CITY and CONSULTANT 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 CONSULTANT, except to the extent they
are limited by statute, rule or regulation and the express terms of this Agreement.
SECTION 6. HOLD HARMLESS
CONSULTANT shall indemnify and hold harmless CITY, its CITY Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses whatsoever, including reasonable
attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from
or in any manner connected to CONSULTANT's negligent performance of services or
work conducted or performed pursuant to this Agreement.
SECTION 7. INSURANCE
Without limiting the CONSULTANT's indemnification of CITY,
CONSULTANT shall obtain and provide and maintain at its own expense during the
term of this Agreement, policy or policies of liability insurance of the type and amounts
described below and satisfactory to the CITY. Such policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must be filed with
the CITY prior to exercising any right or performing any work pursuant to this
Agreement. All insurance policies except workers' compensation and professional
liability shall add as insured the CITY, its elected officials, officers and employees for all
liability arising from CONSULTANT's services as described herein.
C.5 •
Prior to the commencement of any services hereunder, CONSULTANT shall
provide to CITY, certificates of insurance from an insurance company authorized to do
2
business in the State of California with original endorsements and copies of policies, if
requested by CITY, of the following insurance:
1. Worker's compensation insurance covering all employees and principals
of the CONSULTANT, per the laws of the State of California;
2. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
$1 million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this project, or the general aggregate limit shall
be twice the occurrence limit;
3. Commercial auto liability and property insurance covering any owned and
rented vehicles of CONSULTANT in a minimum amount of $1 million
combined single limit per accident for bodily injury and property damage.
4. Professional liability insurance which includes coverage for the
professional acts, errors, and omissions of the CONSULTANT in the
amount of at least $1,000,000.
Said policy or policies shall provide that coverage shall not be canceled by either
party, or reduced in coverage or in limits except after thirty (30) days' prior notice has
been given in writing to CITY. CONSULTANT shall give to CITY prompt timely notice of
claim made or suit instituted arising out of CONSULTANT's operation hereunder.
CONSULTANT shall also procure and maintain, at its own cost and expense, any
additional kinds of insurance, which in its own judgment may be necessary for its proper
protection and prosecution of the work.
B. SUBROGATION WAIVER
CONSULTANT agrees that in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability insurance, that
CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby
grants to CITY, on behalf of any insurer providing comprehensive general and
automotive liability insurance to either CONSULTANT or 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.
C. ADDITIONAL INSURED
CITY, its City Council, boards and commissions, officers, and employees shall
be named as an additional insured under all insurance coverage required by this
Agreement, except for workers' compensation and professional liability. The naming of
an additional insured shall not affect any recovery to which such additional insured
3
0
E
would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be held liable for any premium, deductible
portion of any loss, 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.
CONSULTANT shall not assign, sublease, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or otherwise
without the prior written consent of CITY. 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 venture or syndicate or cotenancy, 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.
SECTION 9. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, licenses and certificates that may be required in
connection with the performance of services hereunder.
SECTION 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 CITY.
CITY shall make no use of materials prepared by CONSULTANT pursuant to this
Agreement, except for construction, maintenance and repair of the Project. Any use of
such documents for other projects, and any use of uncompleted documents, shall be at
the sole risk of the CITY and without liability or legal exposure of the CONSULTANT.
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 wiihout prior approval by CITY.
CONSULTANT shall, at such time and in such form as CITY may require, furnish
reports concerning the status of services required under this Agreement.
4
0 0
SECTION 11. RECORDS
CONSULTANT 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 services required under this Agreement.
CONSULTANT shall maintain adequate records of 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 CITY or its designees at all proper times to such books and records, and gives 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.
SECTION 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 approved.
All notices, demands, requests, or approvals from CONSULTANT to CITY shall
be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: John Wolter, Project Manager
(714) 644 -3311
All notices, demands, requests, or approvals from CITY to CONSULTANT shall
be addressed to CONSULTANT at:
IWA Engineers
17390 Brookhurst Street, Suite 100
Fountain Valley, CA 92708
Attention: Marie Marston, P.E.
(714) 968 -1221
SECTION 13. TERMINATION
Either party may terminate this Agreement at any time and for any reason by
giving the other party seven (7) days' prior written notice; notice shall be deemed
served upon deposit in the United States Mail, postage prepared, addressed to the
other party's business office. In the event of termination due to the fault of
CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those
authorized services which have been completed and accepted by CITY. If this
Agreement is terminated for any reason other than fault of CONSULTANT, CITY
5
agrees to compensate CONSULTANT for the actual services performed up to the
effective date of the Notice of Termination, on the basis of fee schedule contained
above, subject to any maximum amount to be received for any specific service.
SECTION 14. 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.
SECTION 15. COMPLIANCES
CONSULTANT shall comply with all laws, state or federal, and all ordinances,
rules and regulations enacted or issued by CITY.
69 *0 111 [61'k, `LIM"J /a1l�I i
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 subsequent breach of the same or
any other term, covenant, or condition contained herein whether of the same or a
different character.
SECTION 17. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind of
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
APPROVEQ AS TO FORM:
Z' ✓ City Attorney
Attorney
CITY CLERK
BY: za�
'CITY MANPER
CONSULTANT
IWA ENGINEERS
M
0 0
State of California
County of Orange
On // y6 before
personally appeared
me, Irene Butler, Notary Public,
❑ personally known to me - OR -
UTL7
Comm. •1008878
v ARY PUKM CALIF
WAM C�.fiM�MMU TV &
CAPACITY CLAIMED BY SIGNER
_ Individual
Corporate Officer
_ Limited Partner
General Partner
Attorney -in -Fact
Trustee(s)
_ Guardian /Conservator
�( Other:
X
Signer is Representing:
�1
proved to me on the basis of satisfactory evidence
to be the perso(Ifff nrhose namesis/aiffie
subscribed to the within instrument and
acknowledged to me that he /she /(&P
executed the same in his /her authorized
capaci ies and that by his /her /ttiD
signatur@INj on the instrument the persoro
orthe entity upon behalf of which the perso s
acted, executed the instrument.
WITNESS my hand and official seal.
DESCRIPTION OF ATT4CHED �OCy�
Title or Type of DocLAient
Number of Pages
Date of Document
Signer(s) Other Thai amedlAbove
0 0
•' tNt,ft .aM Y�M9 �4 � ''.,k.' �
9
1 7149689286 IWA ENGINEERS
w IWA ENGINEERS
7390 &oownnst street, suite ,00
O Axr4dn voW, C,chlwda 92708
(7,4) 9aa -,22, • FAX <7,a1 oea92sa-
February 2, 1996
Mr. John Wolter
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California 92658
F- 988577 P- 0141021 FEB 05 '% 16:42
SUBJECT: JrAne Avenue Class I Bike Trail and Street Improvements
Proposal for Construction Engineering Services
Dear John:
IWA Engineers is pleased to submit this proposal for Construction Engineering Services for the
subject project. Having prepared the construction plans, special provisions, and cost estimates
for the project, we feat confident in providing the highest level of quality service in an efficient
and timely manner. IWA Engineers has worked diligently with the City of Newport Beach
throughout the course of the project design process and is intimately familiar with the various
details necessary to ensure a quality project is constructed.
The attached Scope of Services provides a breakdown of the tasks we will perform with
respect to construction engineering services for the project. IWA Engineers will perform the
work only at the specific request of the City and will be available on an on -call basis throughout
the duration of the construction schedule. We will remain available to the City after
construction is complete for the preparation of as -built documentation.
The attached Fee Estimate represents the maximum amount to be invoiced for the various
tasks. IWA will not proceed with work beyond the fee total shown in the fee estimate without
prior written authorization from the City. Work authorized by the City and performed by IWA
which is beyond the scope of services will be invoiced per the attached rate schedule.
We look forward to continuing our efforts on this project to deliver a quality product for the
City and the County of Grange. Please cap if you have questions or require further information
regarding this proposal.
Sincerely,
��
Jon Austin
cc: Marie Marston
Doug lndedon
Attachments
F,Y H 113 r �A 11
0
17149689286 IWA ENGINEERS
F- 988 -577 P- 015/021 FEB 05 '% 16:43
Irvine Avenue Class I Bike Trail and Street Improvements
Construction Engineering Services
IWA Engineers
SCOPE OF SERVICES
Section A. GENERAL
IWA Engineers shall provide construction engineering related services for the Irvine
Avenue Class I Bike Trail and Street Improvements project. The subconsuitants who
were involved in the preparation of the construction documents will also provide
engineering services during the project construction. Katz, Okftsu & Associates
(KOA) shall perform the traffic related engineering services. Schwab Engineering shall
provide structural engineering support relating to the retaining wall construction
Geotachnical engineering services wail be provided under a separate contract and will
be coordinated by the City. The duration of the construction engineering services will
be for the life of the construction project which is anticipated to be 165 working days
and as necessary after construction Is complete for the preparation of as -built
documentation. The scope of work for this effort is presented below.
Section 8. SCOPE OF WORK
The scope shall include the following tasks required for the preparation of contract
documents necessary for project construction and inspection.
1. NPDES / SWPPP
2. Detailed Cross Sections
3. Retaining Wall Structural Services
The scope shell include the following range of services on an on -calf basis.
4. Pre - construction Meetings
5. Progress Meetings, Office Administration, and Coordination
6. Shop Drawing Review
7. Field Engineering Services
8. Change Orders
8. Requested Design Changes
10. As -built Plan Preparation
11. Final Inspection
171496892% it ENGIWERS F- 988077 P- 916/021 FEB 05 '96 16:43
A brief description of the services proposed under each task listed above is as
follows:
1. NPDES / SWPPP Includes the preparation of the Storm Water Pollution Prevention
Plan as applicable to the bike trail and street Improvements project. We will provide
engineering services for the completion of the construction SWPPP as outlined in the
Orange County Storm Water Program.
2. Detailed Crnss Sections consists of preparing and delivering to the City detailed
cross sections for Irvine Avenue, University Drive, and the Class I Bike Trail. These
cross sections include offsets and elevations of each grade break In the respective
section. This task includes providing calculations of the earthwork cut, fill, and
cumulative volumes at each cross section. The City requested that these documents
be prepared for use as a tool for the contractor and inspector to measure actual
construction quantities. Nine detailed cross section sheets are required.
3. Retaining Well Siructural Services Due to the complexity of the retaining wall
design for this project, additional effort is necessary for design, preparation of
specifications, and construction monitoring with regard to the retaining wall
construction. This task also includes the field engineering services relative to the
retaining wall.
4. Pre-consta=lgn hdaggogs will consist of the Project Manager or Project Engineer
attending the pre - construction meeting and the pre - grading meeting as described in
Section 1.16 of the Special Provisions.
6. erogrAils Meetings. Office Administration. and Coordination As the City requests
during the course of project construction, we will provide consultation and advice.
We will coordinate with the City, Contractor, and our subconsultants to resolve issues
and respond to telephone and meeting related inquiries. As necessary, IWA will
prepare written clarification in response to Contractor's inquiries IRequests for
Information, RFis). Separate from field meetings, we anticipate two meetings will be
held at the City to discuss progress. RFIs, and other construction related issues.
6. Shoo Drawing Review As submitted by the Contractor and received by the City,
we will check the detailed construction and shop drawings for conformity with the
intent of the design plans and specifications. IWA will keep one copy for our files and
return the remaining copies to the City's inspector with any comments noted thereon
in accordance with the time frames stated in the Project Specifications. IWA will
keep a log of all shop drawings which will show the date received, date returned, and
status of each shop drawing submittal.
7. Field Engkmring Services will consist of field meetings on an as needed basis as
requested by the City. At these meetings we will assist in the interpretation of the
plans and specifications. Meeting frequency can not be predicted, however, we have
estimated six visits by IWA Engineers and three visits by Schwab Engineering. IWA
1714%8986 1LYa ENGINEERS F -988 P- 0171021 FEB 85 '% 16 :44
has included attendance at these meetings by either the Project Manager or the
Project Engineer.
S. Change Orders We will at all times endeavor to minimize the number and dollar
amount of change orders. At the request of the City, we will review change order
requests, consider potential delays to the schedule if the change order is
Implemented, prepare and Incorporate revisions for change orders, analyze the merit
of the requests, analyze the amount of the request, make recommendations to the
City, and assist the City in estimating costs and negotiating with the Contractor.
9. Requoatgd Deslon Changes We will review design changes as they occur and
work closely with the City to facilitate timely responses when changes arise.
Sketches (by hand or in AutoCAD) may be prepared in conjunction as necessary to
enhance clarification of redesigns. This work will occur only at the City's request.
10. As -built Pian Prpp_aration Following the construction, we will receive the
Contractor's daily kept red - pencil "aa -built" plans from the City as specified in Section
1.20 of the Special Provisions. We will revise the electronic AutoCAD drawing files
to show all the field changes to produce a final "as -built" set of vellum and electronic
plan drawings. IWA will not be responsible for revising the original signed vellum
plans. Additionally, we will provide the City with the complete electronic drawing
files on floppy disks.
11. Einal Ina ion Following the City Inspector's recommendation for final
Inspection, we will accompany the City during a final field visit. During this field visit,
a "punch list ", usually generated by the City, will be the basis for the Contractor's
final work before final payments are released. We will backcheck our logs of
outstanding problem areas to verify the work is complete.
Section C. PERSONNEL
To the extent possible, IWA shall continue to use those key personnel who were
assigned to the preparation of the construction documents, as follows:
IWA Engineers: Marie Marston
Jon Austin
Richard Burns
Katz, Okitsu & Associates: Doug Yea
Schwab Engineers: John Whisenand
17149689286 i DAG I1,EERS
Section D. RESPONSE TiME
F -988 W P- 018/021 FEB 05 '96 16:44
IWA shall execute all services required under this scope of services in a prompt and
timely manner and shall return telephone calls within four hours by the Project
Manager or the Project Engineer.
Section E. FEE ESTIMATE
The estimated cost of services shall be as follows:
NPDES / SWPPP
Detailed Cross Sections
Retaining Wail Structural Services
Pre - construction Meetings
Progress Meetings and Coordination
Shop Drawing Review
Field Engineering Services
Change Orders
Redesign
As -built Plan Preparation
Final Inspection
Schwab Engineering
Katz, Okitsu & Associates
Mileage
Electrostatic Plotting
Subtotal
87,175
3,570
1,930
300
1,620
1,620
2,220
1,910
1,910
2,220
824,785
81,320
895
Subtotal 82,145
Subtotal
$48
250
8298
TOTAL NOT TO EXCEED 827,228
17149689286 k ENGINEERS
0-2 oil
0
IWA ENGINEERS
MANHOUR ESTIMATE
F -90 -577 P- 20/021 FEB 05 '96 16:45
Project No. 252 -010
Date 02/02198
C P r.0i ect E 8
6
E Jr. Engineer/Desi
.� - d; ==
G TechMford Proc.
-. 84
Summary Totals
24
8
193
84
30
339
$2,5201
$680
$14,475
$5,460
$1,650
$24,786
Task Description A
8 C
D
E F 0
Man Hrs
Sal Cost
1.
NPDES 1 SWPPP
SpecMcatbns
3.0
3.0
$225
SWPPP Reduced Plants
4.0
4.0
$260
Strom Water Monitoring Program
30.0
4.0
34.0
$2,610
SWPPP Document
2.0
38.0
40.0
$3,060
SWPPP E)dubits-
8.0
8.0
16.0
$1,120
2.
Detailed Cross Sections
Irvine Avenue
2.0
8.0
10.0
$670
University Drive
2.0
8.0
10.0
$670
Bike Tray
2,032.0
34.0
$2,230
3.
Retaining Wa1 Structural Services
2.0 8.0
8.0
8.0
26.0
$1,930
4.
Pre- Constriction Meetings
4.0
4.0
$300
5.
Progress Meetings and Coord.
4.0
16.0
20.0
$1,620
6.
Shop Drawing Review
4.0
18.0
20.0
$1,620
7.
Field Engineering Services
4.0
24.0
28.0
$2,220
8.
Change Orders
2.0
14,0
10.0
28.0
$1,910
9.
Requested Design Changes
2.0
14.0
10.0
26.0
$1,910
10.
As -built Plans Preparation
2.0
8.0
22.0
32.0
$2,020
11.
Final Inspection
2.0
4.0
6.0
$510
1714je89266 ILIA ENGINEERS 0 T -577 P- 0211021 FEB 05 '% 1E:4�-
iWA ENGINEERS
OTHER DIRECT COSTS
Client
Project:
Project No. 252 -010
Date 02/02198 —
REPRODUCTION & DELIVERY
Unit
Num
Unit Cos(
Total
Preliminary Plan Submittals
Dwgs x 6 SF /dwg x 0 sets
SUL
$0.10
Intermediate Plan Submittal
Dwgs x SF /dwg x 0 sets
Sf.FL
$0.10
Flan) Plan Submittals
30 Dwgs x 6 SF /dwg x 0 set Originals
Sf.Ft.
$4.00
Special Provisions
Draft - 0 Copies x 0 pages
page
$0.10
Final - 0 Copies x 0 pages
page
$0.10
Plots
Bond/Vellum
each
50
$6.00
$250
Color
each
$35.00
Deliveries
Local
$20.00
Los Angeles Region
each
$40.00
Total
$250
RAVEL & TRANSPORTATION
Unit
Num
I Link Cost
Total
Air Travel
Round Trips -
trip
Car Rental
Trips x daydltdp
day
Personal Car
18 Trips x 10 milesftrip
miles
160
$0.30
$48
axVLlmo
Trips -
trip
Per DienUSubsistence/Lodging
Trips x daywW
days
Total
$48
SUBCONTRACTS
Unit
Num
UnIt Cost
Total
Schwab Engineering (Structural)
$1,200
Katz, Okitzu & Associates
$750
Total
31950
aS=
0
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3005
TO: PURCHASING /FINANCE DEPARTMENT
FROM: CITY CLERK
DATE: June 15, 1995
SUBJECT: Contract No. 2851(B)
Description of Contract
C7'y /Zt TLlact -�
l -is -9S
Amendment No. 1 - Consultant
Agreement for Irvine Avenue Improvements
Effective date of Contract June 14, 1995
Authorized by Minute Action, approved on November 28, 1994
Contract with IWA Engineers
Address 17390 Brookhurst Street
Fountain Valley, CA 92708
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
November 28, 1994
nlrn ? CITY COUNCIL AGENDA
_,. ITEM N0. 5
Ail itROVED Al tioL� PEA
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT y�3 9S
SUBJECT: IRVINE AVENUE IMPROVEMENTS - SANTIAGO DR. TO UNIVERSITY
DRIVE - C -2851 (f)
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a supplemental
engineering services agreement with IWA Engineers.
DISCUSSION:
The County is in the process of planning the Upper Newport Bay
Regional Park which is bounded by Irvine Avenue, University Drive and Upper
• Newport Bay. The proposed Regional Park development provides an
opportunity to complete frontage improvements along Irvine Avenue and
University Drive and to incorporate an upgraded pedestrian /bicycle trail
within the park.
A Cooperative Agreement was approved by City Council on June
22, 1992 and by the County Board of Supervisors on August 18, 1992 to
provide for the design of the proposed improvements. The initial cooperative
design project included the preparation of plans, specifications, and
construction cost estimates for: the completion of curb, gutter, and street
pavement along Irvine Avenue; reconstruction of University Drive as a local
street with a cul -de -sac; and the construction of a combined
pedestrian /bicycle trail within the park separated from the adjacent
roadways. A sketch showing the location of work is attached. During the
final stages of the design work, several modifications to the design have been
identified which will ultimately result in a substantial savings in construction
costs in the areas of grading and drainage. These modifications require the
consulting engineer, IWA Engineers, to make significant changes in the plans
• that have been prepared. These changes are beyond the scope of work
covered by the existing agreement with the engineer, and require a
supplemental agreement to provide for the additional work. The existing
cooperative agreement between the City and County specifies that the City
will administer the design contract and that the County and City equally share
costs associated with the design of this project. The attached letter from the
Director of the Orange County Environmental Management Agency's Division
of Harbors, Beaches, and Parks confirms the County's continued commitment
to the project.
0 0
SUBJECT: IRVINE AVENUE IMPROVEMENTS - SANTIAGO DR. TO UNIVERSITY
DRIVE - C -2851
November 28, 1994
Page 2
is
City and County staff have received and reviewed IWA's proposal
to perform additional engineering services for the project and recommend
that supplemental engineering services agreement be executed with IWA
Engineers for the additional work. Fees are to be at an amount not to exceed
$41,000. The City's share will be $20,500, bringing the City's total design
cost commitment to $80,500. Funding for the City's portion of this design
project is available within General Fund Account No. 7013P301137A. Upon
successful completion of the design phase, a second cooperative agreement
with the County will be prepared for the construction of the improvements.
The cooperative construction agreement will provide that the City administer
the construction of the project, specify cost sharing for the project, and
relinquish responsibilities, ownership and maintenance of the
bicycle /pedestrian trail to the County upon completion. Construction costs
for the bicycle /pedestrian trail will be shared equally among the City and
County. The SB 821 Bicycle Program will fund the majority of the costs to
construct the trail. The costs to construct the missing street improvements
on Irvine Avenue will also be shared between the County and City. The City's
share of street improvement construction will be funded by existing allocated
•
funds within the General Fund. The costs to improve University Drive will be
the responsibility of the County. The construction of this project has been
tentatively scheduled to start in March 1995.
0"Lzd�'l
Don Webb
Public Works Director
DW:so
Attachments: County Letter
Site Plan
•
11/17/94 04:13 PROGROLANNING 4 96443318
O F
G E
• NO. 112 P001
MICHAEL M. RUANE
DIRECTOR, EMA
ROBERT G. FISHER
DIRECTOR OF HARBORS, BEACHES & PARKS
ENVIRONMENTAL MANAGEMENT AGENCY
HARBORS, BEACHES AND PARKS
November 16. 1994
Mr. Don Webb
Public Works Director
City of Newport Beach
3300 Newport Blvd.
P.O. Box. 1768
Newport Beach, CA 92659 -1768
• Subject: Upper Newport Bay Regional Park - Bike Trail
Dear Don:
LOCATION:
300 N. FLOWER ST.
FOURTH FLOOR
SANTA ANA. CALIFORNIA
MAILING ADDRESS:
P.O, BOX 4048
SANTA ANA, CA 92702 -4048
TELEPHONE:
(714) 834.8687
FAX 0 $34 -4744
Harbors, Beaches and Parks staff have been working closely with City of
Newport Beach Public Works staff to refine the bicycle trail and street
improvement construction documents along Irvine Avenue and University Drive.
It is mutually agreed that these modifications strengthen the project. We
recognize that these design modifications will result in an increased cost
for the design services.
To avoid project delays, the shared cost (5o /5o) of the additional work for
refinements to design will be addressed in the cooperative agreement between
the City and County.
The County continues to support the cooperative participation of both agencies
to implement these important trail and street improvements. If you have any
questions, please call me at 834 -6666 or Denton Turner, HBP Design Manager
at 834 -5297.
• very truly yours,
r�
Robert G. Fisher, Director
Harbors, Beaches and Parks
ES:es
4110913365148
CC: Denton Turner
Kathie Matsuyama
Bob Hamilton
Ernest Seidel
Post -it- Fax Note 7671
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AMENDMENT NO. 1
CONSULTANT AGREEMENT
Additional Engineering Design Services
For
Irvine Avenue Improvements
Contract No. 2851 (13)
THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into
this 2&gday of 11996�by and between the CITY OF NEWPORT
BEACH, a munici corporation, (hereinafter referred to as "CITY ") and IWA
ENGINEERS, whose address is 17390 Brookhurst Street, Fountain Valley, CA
92708 (hereinafter referred to as "CONSULTANT') is made with reference to
the following:
RECITALS:
A. On September 24, 1992, a Consultant Agreement was
entered into by and between CITY and CONSULTANT, hereinafter referred to
as "AGREEMENT'.
B. CITY and CONSULTANT mutually desire to amend the
agreement as provide herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The term of the AGREEMENT shall be amended, which
commenced on September 24, 1992, shall be extended and expire on May 31,
1995.
2. In addition to the services described in the AGREEMENT,
CONSULTANT shall complete the services and work described in the attached
Proposal dated October 28, 1994, hereto set forth in Exhibit "A ".
3. CONSULTANT shall be compensated for the additional
services performed pursuant to this AMENDMENT in the amount and manner
set forth in Exhibit "A ", which is attached hereto and incorporated herein by
this reference. The maximum fee shall not exceed $41,000.00. In the event
of unforeseen changes or required additions to the work which are not
0
outlined by this AGREEMENT, the Public Works Director may authorize
additional compensation up to 15% of the original contract amount. Such
work shall be performed on a time and materials cost basis at the rates as
shown on Exhibit "A ".
4. Except as expressly modified herein, all other provisions,
terms, and covenants set forth in AGREEMENT shall remain the same and shall
be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
AGREEMENT on the date first above written.
APPROVED AS TO FORM:
"I
ity Attorney
CITY OF NEWPORT BEACH,
a municipal corporation
BY:
Mayor
CONSULTANT
BY: ✓ /��'?G�N�e�e.lrs.� /�ch .
I W A Engineers
City
ft
252 -05 -009
•
IWA ENGINEERS
17390 Brookhurst Sheet, Suite 100
Fountain Valley, California 92708
(714) 968 -1221 • FAX (714) 968 -9286
October 28, 1994
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California 92658
ATTN: Steve Badum
„ „
� ExN,a�T A
OCT 3 1 1994
� 1 ,
PROJECT: Irvine Avenue Bike Trail and Street Improvements
County Proposed Bike Trail Re- alignment
Additional Services
Dear Steve:
As you requested, IWA Engineers has prepared an estimate of the costs associated
with the additional work involved in modifying the plans, specifications, and estimates
for the above referenced project. IWA Engineers has prepared the plans,
specifications, and estimates to a 95% level of completion based on our current
contract. The City has since directed us to discontinue construction document
completion due to the County of Orange's request for changes to the bike trail design,
not previously included in the project scope. The additional work outlined below
represents the necessary changes to the current scope to accomodate the County's
requests and does not include work which remains in our current contract. Also,
there will be no additional costs anticipated for work related to landscape design
beyond our current scope for landscaping and irrigation plans.
SCOPE
Based on the changes discussed in our meeting with the City and the County of
Orange on September 29, 1994, our telephone conversations with the City, and the
conceptual plans provided by the County's consultant, we have broken the additional
work into six tasks as follows:
Task 1 - Preliminary Review
Task 2 - Modify Basemap
Task 3 - Retaining Wall Plans
Task 4 - Revise Typical Sections, Plans, Profiles, and Details
Task 5 - Meetings & Coordination
Task 6 - Revise Specifications and Estimates
Mr. Steve Badum
City of Newport Beach
October 28, 1994
Page 2
A preliminary design and constructability review will be required to check the
feasibility and impacts of the requested bike trail and University Drive modifications.
Specifically, we will look at the following modifications and their possible impacts to
our proposed plans:
1. Re- alignment of the bike trail near the point of beginning to minimize grading and
the import of fill materials adjacent to the existing slope (similar to the grading
analysis we already performed for the City in this area).
2. Realignment of the bike trail at the 84 -inch RCP storm drain outlet crossing and
the construction of a concrete retaining wall above the existing headwall. The
retaining wall design will include aesthetic treatment as directed by the City.
A separate analysis will be performed on the feasibility of a retaining wall
incorporating bridge -type footings over the existing 84 -inch RCP storm drain
outlet. A rough sketch showing the proposed location, dimensions, and
estimated construction cost will be prepared and submitted to the City prior to
proceeding with design of the wall. The design of this retaining wall may be non-
standard due to the footing type, existing soil conditions, and storm drain
settlement concerns.
3. General realignments to the bike trail at various locations for landscape
architecture aesthetic purposes based on the County's concept plans.
4. Elimination of the proposed curb inlet and drainage culvert on Irvine Avenue near
its intersection with University Drive.
5. Realignment of the bike trail near the entrance to the future County Park
Interpretive Center.
6. Modifications to the proposed width of University Drive from the entrance to the
Interpretive Center to the cul -de -sac, along with modifications to the cul -de -sac
and the associated grading.
7. The protection of certain eucalyptus trees along University Drive.
Mr. Steve Badum
City of Newport Beach
E
October 28, 1994
Page 3
Based on the bike trail realignment, as shown on the County's concept plan,
exceeding the limits of our current digital topo map, it will be necessary to digitize
additional existing contours into the basemap used for project plan sheets from the
hard -copy aerial topo previously provided by the County.
After receiving City direction from Task 1, we will prepare design calculations and
plans for a reinforced concrete retaining wall incorporating bridge type footings to
support a retaining wall structure across the 84 -inch RCP storm drain outlet. The
calculations and plans will be prepared in -house by our engineers and checked by a
structural engineering sub - consultant, John Whisenand of Schwab Engineering. Mr.
Whisenand will assist with the selection of structural systems, determining design
criteria, and developing methods of analysis. He will also provide a final review of
retaining wall design calculations and plans. Mr. Whisenand has worked with IWA
Engineers on a number of structural projects designed under the jurisdiction of
Caltrans and the Orange County Flood Control District. A soils boring has previously
been obtained and analysis performed in the proximity of the proposed wall and,
therefore, no additional cost is anticipated for geotechnical services in the field.
However, this task does include an additional cost for revising the current soils report
to address analysis and recommendations regarding retaining walls and pile footings.
Based on the above mentioned analysis and calculations, a plan, profile, and typical
section sheet will be prepared along with one sheet for structural details.
The control of the horizontal and vertical alignments for the entire bike trail will be re-
calculated due to the requested modifications. Once the alignments have been
revised, each of the Typical Section, Plan & Profile, Bike Trail Profile, and Contour
Grading sheets will be revised accordingly. These changes will also require revision
to the Construction and Drainage Detail sheets. Also involved in this task will be the
work associated with the design revisions to University Drive. Katz, Okitsu &
Associates will revise six Signing and Striping Plan Sheets based on the revised
alignment. No additional work is anticipated for the signal modification plans
previously prepared for the intersection of Irvine Avenue and University Drive.
We estimate a maximum of three meetings (including the September 29, 1994
meeting at the City) involving the City and the County will be required for progress,
Mr. Steve Badum October 28, 1994
City of Newport Beach Page 4
review and approvals. Additionally, we anticipate one meeting each for coordination
with landscape and traffic subconsultants.
The construction specifications will be revised primarily with regard to the retaining
wall at the storm drain outlet and the redesign of University Drive for the protection
of existing trees. Changes in quantities and cost estimates will also be revised.
SCHEDULE
Upon receiving a verbal agreement to proceed with the work described above, we will
complete the retaining wall analysis within two weeks, and the 100% submittal of
construction plans, specifications, and estimates within eight weeks. We will
resubmit any plans, specifications, and estimates, reviewed by your office for
revision, within three weeks of receiving check prints.
FEE
The following is a summary of the total additional budget amount requested based on
the tasks described above, along with the estimated additional costs for subcontracts,
transportation, and reproduction. Attached is a summary estimate which includes a
manhour breakdown by task.
Task 1 - Preliminary Review
Task 2 - Revise Basemap
Task 3 - Retaining Wall Plans
Task 4 - Revise Plans, Profiles, etc.
Task 5 - Meetings and Coordination
Task 6 - Revise Specifications and Cost Estimates
Katz, Okitsu and Associates
Ninyo & Moore
Schwab Engineering
$1,300
1,180
2,680
21,640
3,100
Subtotal $32,500
$1,650
3,300
1.870
Subtotal $6,820
L
Mr. Steve Badum
City of Newport Beach
Reproduction
Delivery
Transportation
0
October 28, 1994
Page 5
$1,260
40
— 0
Subtotal $1,340
Grand Total $40,660
If you have any questions or would like to meet to discuss, please call.
Sincerely,
Jon Austin
cc: Marie Marston
Doug Incledon
Susan Incledon
Enclosure
IWA ENGINEERS
MANHOUR ESTIMATE
Clien City of Newport Beach
Proj: _Irvine Avenue Bike Trail Re- alignment
Project No. 252 -05
Date 10/26/94
taass Yosrtton/Name
A B
C
D
E
F G
H Man Hrs
Sal Cost
8
0
0
8 0
0 0
0
4
0
A Principal
2
0 0
0
8
0
2
$250
ProlectMapager - 33;
0
8
0
0
33
$3,300
C Sr. Engineer
8
0
0
8
0 0
0
$0
cngmeer!$ %3estgner
0
21g',
0 0
0
214
$16,_050
0
8
0 0
0
8
0
0
$0
IG-
0
8
0
0
0
so
0
6
0
0
8
81
228
$12,540
Techli�Vord Processor
0
8
0 0
<:
6
B 8
$360
8
Summ
Totals
485
$32,500
# Function Descri lion
A B
C
D
E
F G
H Man Hrs
Sal Cost
Task 1- Preliminary Review
Check Feasibility and Impacts 0 1 0 8 0 0 0 0 9 $700
Retaining Wall Analysis 0 0 0 8 0 0 0 0 8 $600
Add'I Contours
Task 3 - Retaining Wall Plans
Structural Calculations
Retaining Wall Plans
Plan, Profile, Typical Section
Details
Task 4 - Revise Typical Sections,
Typical Section
Typical Section
Typical Section
Plan & Profile
Plan & Profile
Plan & Profile
Plan & Profile
Plan & Profile
Plan & Profile
Plan & Profile
Bike Trail Profile
Bike Trail Profile
Bike Trail Profile
f
0 0 16 0
0 0
0
12
0
0
0 0
0 0
0
8
0
0
8 0
0 0
0
4
0
0
8 0
0 0
0
4
0
0
8
0 0
0
4
0
0
8
0 0
0
4
0
0
8
0 0
0
8
0
0
12
0 0
0
8
0
0
12
0 0
0
8
0
0
8
0 0
0
8
0
0
8
0 0
0
8
0
0
8
0 0
0
8
0
0
12
0 0
0
8
0
0
12
0 0
0
6
0
0
8
0 0
0
6
0
0
8
0 0
0
6
0
0
8
20 $1,180
12
$900
16
$1,040
12
$740.
12
12
12
20
20
16
16
16
20
20
14
14
14
$740
$740
$740
$1,260
$1,260
$1,040
$1,040
$1,040
$1,260
$1,260
$890
$890
$890
Construction Details
0
0
0
6
0
0
8
0
14
$890
Contour Grading Plan
0
0
0
8
0
0
20
0
28
$1,700
Contour Grading Plan
0
0
0
8
0
0
20
0
28
$1,700
Drainage Details
0
0
0
8
0
0
16
0
24
$1,480
Quality Control
2
8
0
10
0
0
0
0
20
$1,800
Signing & Striping - 6 Sheets
0
2
0
8
0
0
4
0
14
$1,020
Task 5 - Meetings and Coordination
Meetings
0
12
0
12
0
0
0
0
24
$2,100
Landscape Coordination
0
2
0
4
0
0
0
0
6
$500
Signing and Striping Coordination
0
2
0
4
0
0
0
0
6
$500
Task 6 - Specific tions & Estimates
Revise Construction Specifications
0
4
0
8
0
0
0
8
20
$11
Revise Quantities/Cost Estimate
0
2
0
8
0
0
8
0
18
$1,240
,r - C,
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Memorandum
June 13, 1995
TO: (1) MAYOR
(2) CITY CLERK
FROM: Shauna Oyler
Public Works Department
SUBJECT: IRVINE AVENUE IMPROVEMENTS - SANTIAGO DR. TO
UNIVERSITY DRIVE (C -2851) - Supplemental Engineering
Services Agreement with IWA Engineers
See attached Council Memo approved November 28, 1994. -- f .5�
The County has now released funds to enable us to move ahead on this project.
MAYOR
1. Please sign all copies
2. Forward to City Clerk
CITY CLERK
1. Please sign all copies
2. Keep 1 copy for your files.
3. Please return 2 copies to Shauna for further processing.
Thank You,
1
Attachments
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
9- a1/ - 92-
FROM: CITY CLERK
DATE: September 24, 1992
SUBJECT: Contract No. C- 2851(B)
Description of Contract Engineering Design Services for Irvine
Avenue Improvements - Santiago Drive to University Drive
Effective date of Contract September 24, 1992
Authorized by Minute Action, approved on September 14, 1992
Contract with IWA
Address 17390 Brookhurst Street
Fountain Valley, CA 92708
Amount of Contract (See Agreement)
"W� 6
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
•
•
rI
SEP 1 41992
TO: Mayor and Members of the City Council
0
September 14, 1992
CITY COUNCIL AGENDA
ITEM NO. 7
FROM: Public Works Department
SUBJECT: IRVINE AVENUE IMPROVEMENTS - SANTIAGO DRIVE TO UNIVERSITY
DRIVE - ENGINEERING DESIGN SERVICES AGREEMENT WITH IWA
ENGINEERS (C- 2851)(g)
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Consultant
Aareement with IWA Engineers for enaineerina desian services.
The County is
Regional Park which is
Upper Newport Bay. The
opportunity to complete
University Drive and to
within the park.
in the process of planning the Upper Newport Bay
pounded by Irvine Avenue, University Drive and
proposed Regional Park development provides an
frontage improvements along Irvine Avenue and
incorporate an upgraded pedestrian /bicycle trail
A Cooperative Agreement was approved by City Council on June
22, 1992 and by the County Board of Supervisors on August 18, 1992 to
provide for the design of the proposed improvements. The proposed
cooperative design project will provide plans, specifications, and
construction cost estimates for the completion of curb, gutter, and
street pavement along Irvine Avenue; reconstruction of University Drive
as a local street with a cul -de -sac; and the construction of a combined
pedestrian /bicycle trail within the park separated from the adjacent
roadways. The agreement specifies that the City will administer the
design contract and that the County and City will equally share costs
associated with the design of this project.
IWA Engineers has previously prepared preliminary engineering
plans for the proposed project. This project will utilize those plans
as a basis for final construction plans. City and County staff have
reviewed IWA's proposal to perform engineering services for the project
and recommend that a consultant agreement be executed with IWA Engineers
for the preparation of final improvement plans, specifications,
estimates, and bid documents. Fees are to be at an amount not to exceed
$117,100 with a maximum budget amount of $2,900 for direct cost
•reimbursables. The City's share will be $60,000. Funding for the
City's portion of this project is available within General Fund Acct.
No. 7013 - 983130054. Upon successful completion of the design phase, a
second cooperative project with the County will be proposed to construct
the improvements. The construction of this project has been tentatively
s duled for .Y. 993/94.
0. Benjamin B. Nol /la�nn.
Public Works Director
Attachments
0 0
CITY OF NEWPORT BEACH
August 28, 1992
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3311
Ms. Marie Marston, P.E.
IWA Engineers
17390 Brookhurst Street, Suite 100
Fountain Valley, CA 92708
Subject: Consultant Agreement
Final Engineering Design Services for
Irvine Avenue Improvements, C -2851
Dear Marie,
• As we discussed, the enclosed Consultant Agreement has a maximum
fee not to exceed $120,000. If the proposed work exceeds this
amount, a new agreement will executed. Please sign four copies
of the agreement and return. The City Council should be
approving the agreement at the September 14, 1992 meeting. If
you have any questions please call me at 644 -3311.
Sincerely,
hen ,G. 'Badum, P.E. -
ect manager
Enclosure
•
3300 Newport Boulevard, Newport Beach
CONSULTANT AGREEMENT
Final Engineering Design Services
for
Irvine Avenue Improvements, C -2851
THIS AGREEMENT, entered into this ��%`�y day of
,1992, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "CITY ") and
IWA ENGINEERS, whose address is 17390 Brookhurst Street, Fountain
Valley, CA 92708 (hereinafter referred to as "CONSULTANT ") is
made with reference to the following:
R E C I T A L 8:
A. 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 Statues of the State of California and the Charter of
the City.
B. CITY and CONSULTANT desire to enter into an
agreement for final engineering services for the proposed Irvine
Avenue Improvements .
NOW, THEREFORE, it is mutually agreed by and between
the undersigned parties as follows:
SECTION 1. TERM
The term of this agreement shall commence on the 15th
day of September, 1992, and shall terminate on the 31st day of
May, 1993, unless terminated earlier as set forth herein.
SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT
CONSULTANT shall complete all services and work as
attached hereto set forth in Exhibit "A" and more fully described
in the Proposal dated August, 1992, which is on file at the
Public Works Department.
0
0
SECTION 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. The maximum fee shall not exceed $120,000.00.
SECTION 4: STANDARD OF CARE
CONSULTANT agrees to perform all services hereunder in a
manner commensurate with the community professional standards and
agrees that all services shall be performed by qualified and
experienced personnel who are not employed by the CITY nor have
any contractual relationship with CITY.
SECTION 5: INDEPENDENT PARTIES
CITY and CONSULTANT 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 CONSULTANT, except to the extent they are
limited by statute, rule or regulation and the express terms of
this Agreement.
SECTION 6: HOLD HARMLESS
CONSULTANT shall indemnify and hold harmless CITY, its CITY
Council, boards and commissions, officers and employees from and
against any and all loss, damages, liability, claims, suits,
costs and expenses whatsoever, including reasonable attorneys'
fees, regardless of the merit or outcome of any such claim or
suit arising from or in any manner connected to CONSULTANT
negligent performance of services or work conducted or performed
pursuant to this Agreement.
7.
On or before the commencement of the term of this Agreement,
CONSULTANT shall furnish CITY with certificates showing the type,
amount, class of operations covered, effective dates and dates of
3
0 0
expiration of insurance coverage in compliance with paragraphs
7A, B, C and D. Such certificates, which do not limit
CONSULTANT'S indemnification, shall also contain substantially
the following statement: "Should any of the above insurance
covered by this certificate be canceled or coverage reduced
before the expiration date thereof, the insurer afforded coverage
shall provide thirty (30) days' advance notice to the CITY of
Newport Beach by certified mail, Attention: Public Works
Director.
It is agreed that CONSULTANT shall maintain in force at all
times during the performance of this Agreement all appropriate
coverage of insurance required by this Agreement with an
insurance company that is acceptable to CITY and licensed to do
insurance business in the State of California.
A. COVERAGE CONSULTANT shall maintain the following
insurance coverage:
(1) Worker's Compensation
Statutory coverage as required by the State of California.
(2) Liability
Comprehensive general coverage in the following minimum
limits:
Bodily Injury:
Property Damage:
$500,000
each occurrence
$1,000,000
aggregate products /completed
operations
$1,000,000
aggregate - all other (if
applicable)
$100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate
limits in the amount of $1,000,000 will be considered equivalent
to the required minimum limits shown above.
(3) Professional Liability
Professional liability insurance which includes coverage for
4
0
all professional acts, errors, and omissions of the CONSULTANT in
the amount of at least $1,000,000.
B. SUBROGATION WAIVER
CONSULTANT agrees that in the event of loss due to any of
the perils for which it has agreed to provide comprehensive
general and automotive liability insurance, that CONSULTANT shall
look solely to its insurance for recovery. CONSULTANT hereby
grants to CITY, on behalf of any insurer providing comprehensive
general and automotive liability insurance to either CONSULTANT
or 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.
C. 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.
D. ADDITIONAL INSURED
CITY, its City Council, boards and commissions, officers,
and employees shall be named as an additional insured under all
insurance coverage, except any professional liability 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. An additional insured named herein shall not
be held liable for any premium, deductible portion of any loss,
or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be
5
required to contribute anything toward any loss or expense
covered by the insurance provided by this policy.
SECTION S. PROHIBITION AGAINST TRANSFER
CONSULTANT shall not assign, sublease, hypothecate, or
transfer this Agreement or any interest therein directly or
indirectly, by operation of law or otherwise without the prior
written consent of CITY. 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 venture or syndicate or cotenancy, 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.
SECTION 9: PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain
during the term of this Agreement, all appropriate permits,
licenses and certificates that may be required in connection with
the performance of services hereunder.
SECTION 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 CITY.
CITY shall make no use of materials prepared by CONSULTANT
pursuant to this Agreement, except for construction, maintenance
and repair of the Project. Any use of such documents for other
projects, and any use of uncompleted documents, shall be at the
21
9
9
sole risk of the CITY and without liability or legal exposure of
the CONSULTANT.
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 CITY.
CONSULTANT shall, at such time and in such form as CITY may
require, furnish reports concerning the status of services
required under this Agreement.
SECTION 11: RECORDS
CONSULTANT 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 services
required under this Agreement.
CONSULTANT shall maintain adequate records of 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 CITY or its
designees at all proper times to such books and records, and
gives 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.
SECTION 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,
7
i
11
postage prepaid, registered or certified, addressed as
hereinafter approved.
All notices, demands, requests, or approvals from CONSULTANT
to CITY shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Steve Badum, Project Manager
(714) 644 -3311
All notices, demands, requests, or approvals from CITY to
CONSULTANT shall be addressed to CONSULTANT at:
IWA Engineers
17390 Brookhurst Street, Suite 100
Fountain Valley, CA 92708
Attention: Marie Marston
(714) 968 -1221
SECTION 13:
Either party may terminate this Agreement at any time and
for any reason by giving the other party seven (7) days' prior
written notice; notice shall be deemed served upon deposit in the
United States Mail, postage prepared, addressed to the other
party's business office. In the event of termination due to the
fault of CONSULTANT, CITY shall be obligated to compensate
CONSULTANT for only those authorized services which have been
completed and accepted by CITY. If this Agreement is terminated
for any reason other than fault of CONSULTANT, CITY agrees to
compensate CONSULTANT for the actual services performed up to the
effective date of the Notice of Termination, on the basis of fee
schedule contained above, subject to any maximum amount to be
received for any specific service.
SECTION 14: 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.
0 0
SECTION 15: COMPLIANCES
CONSULTANT shall comply with all laws, state or federal, and
all ordinances, rules and regulations enacted or issued by CITY.
SECTION 16: 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 subsequent breach of the same or any other term, covenant, or
condition contained herein whether of the same or a different
character.
SECTION 17: INTEGRATED CONTRACT
This Agreement represents the full and complete
understanding of every kind of 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.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed on the day and year first above written.
APPR ED AS TO FORM:
ty ttorney
ATTEST:
_ _� /i, l
CITY OF NEWPORT BEACH,
a municipal corporation
BY:L /-
E
0
EXHIBIT "A"
Final Engineering Design Services
Irvine Avenue Improvements
C -2851
services to be Performed by the Consultant
CONSULTANT shall provide engineering services for the above
referenced project as described below:
Proiect Description:
In general, the scope of work will require a review of
preliminary plans, preparation of final construction plans,
specifications, cost estimates, and bid documents for the
construction of; 1) missing street improvements along the
easterly side of Irvine Avenue from south of Santa Isabel Avenue
to University Drive, 2) street improvement modifications along
the southerly side of University Drive and cul -de -sac, 3) vehicle
barrier along a portion of the northbound side of Irvine Avenue,
and 4) two -way class I bicycle /pedestrian trail along the
easterly side of Irvine Avenue. The proposed work will be in
conjunction with the proposed Back Bay Regional Park which is
currently under design by O.C.E.M.A..
Scope of Work
Task 1. Preliminary Plan Review
a. Review existing Preliminary Plan
b. Meet with representatives from the City and County
to develop revised final alignment for the
proposed bicycle /pedestrian trail.
C. Make revisions to the previously prepared
preliminary plans based on results of meeting.
d. Submit revised plan for conceptual approval. Upon
approval, proceed with final design.
Task 2. Supplemental Review and Field Investigation
a. Review previously acquired As -Built plans.
b. Conduct supplemental field review.
C. Provide supplemental surveying services necessary
to prepare final plans.
Task 3. Final Plans
a. Prepare final plans at 1" =401 scale for the
construction of 1) missing street improvements
along the easterly side of Irvine Avenue from
south of Santa Isabel Avenue to University Drive,
0
2) street improvement modifications along the
southerly side of University Drive and cul -de -sac,
3) vehicle barrier along the northbound side of
Irvine Avenue, and 4) two -way class I
bicycle /pedestrian trail along the easterly side
of Irvine Avenue as shown on the revised
preliminary plans and as directed by the City.
Final plans shall include all grading, plan,
profile, cross sections, signing, striping,
drainage, and construction details necessary to
construct the project.
Design of the Bicycle /pedestrian trail shall meet
County Design Standards as specified in the latest
edition of the Orange County Highway Design
Manual.
Task 4. Construction Specifications and Bid Documents
Prepare construction specifications and bid proposal
documents for submittal in "Word Perfect" version 5.
format. Project specifications shall utilize the
City's "Design Criteria, Standard Special Provisions
Standard Drawings" 1991 edition and the "Standard
Specifications for Public Works Construction" (Green
Book), 1991 edition.
Task 5. Coordination
a. Consultation with City staff
b. Attend meetings with County and City
representatives as necessary.
Task 6. Cost Estimate
Prepare cost estimates for the final design.
Task 7. Reproduction
Reproductions shall be provided as necessary to
complete the project. They shall be provided at their
cost, with an estimate provided and the understanding
taken that the cost over this amount must be approved
in order to be eligible for reimbursement.
EXHIBIT "B"
Final Engineering Design Services
Irvine Avenue Improvements
C -2851
Compensation to the Consultant
A. In consideration of the performance of services specified
under Exhibit "A" of this Agreement, CITY hereby agrees to
compensate CONSULTANT an amount based on the following
hourly rates:
Classification of personnel Hourly Rate
Principal $ 110.00
Project Manager $ 90.00
Engineer /Senior Designer $ 70.00
Junior Engineer /Designer $ 60.00
Technician /Word Processor $ 40.00
Two -Man Survey Crew $ 135.00
Three -Man Survey Crew $ 160.00
Expenses for reproduction will be billed at cost.
Subconsultant fees will be billed at cost plus 10 %.
B. Aggregate compensation to the CONSULTANT shall not exceed
One Hundred Twenty Thousand Dollars ($120,000).
C. CONSULTANTS monthly invoices to CITY for compensation shall
include classification of personnel and hours worked in
performance of the services by work task as specified under
Exhibit "A" of this Agreement.
D. CITY shall remit payment to CONSULTANT within thirty ( 30)
days after receipt of CONSULTANT's invoices.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
/ /GG i !%GGdfiiz�
T0: 1:INANCE DIRECTOR
FROM: CITY CLERK
DATE: October 8, 1992
SUBJECT: Contract No. C -2851
Description of Contract Cooperative Agreement to design
frontage improvements and bikeway along Irvine Avenue and
Universitv Drive
Effective date of Contract August 18, 1992
Authorized by Minute Action, approved on June 22, 1992
Contract with County of Orange
Address
Amount of Contract (See Agreement)
"X�6e
-
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
•
•
•
BY THE CITY COUNCIL
CRY OF NEWPORT BEACH
I
F;; 2 2 1992
June 22, 1992
CITY COUNCIL AGENDA
ITEM NO. F-5th)
TO:
Mayor
and Members of the City Council
FROM:
Public
Works Department -�
� ( _
SUBJECT: COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE TO
DESIGN FRONTAGE IMPROVEMENTS AND BIKEWAY ALONG IRVINE
AVENUE AND UNIVERSITY DRIVE ADJACENT TO THE UPPER
NEWPORT BAY REGIONAL PARK
RECOMMENDATION:
Approve the Cooperative Agreement and authorize the
Mayor and City Clerk to execute.
DISCUSSION:
The County is in the process of planning the Upper
Newport Bay Regional Park which is bounded by Irvine Avenue,
University Drive and Upper Newport Bay. The proposed Regional
Park development provides an opportunity to complete frontage
improvements along Irvine Avenue and University Drive and to"
incorporate an upgraded pedestrian/ bicycle trail within the
park.
The proposed cooperative design project will provide
plans, specifications, and construction cost estimates for: 1)
the completion of curb, gutter, and street pavement along Irvine
Avenue; 2) reconstruction of University Drive as a local street
with a cul -de -sac; and the construction of a combined pedestrian/
bicycle trail within the park separated from the adjacent
roadways. The preliminary cost estimate for design is
approximately $120,000.
The agreement with the County defines administration
and specifies funding to design the project. A summary of the
agreement is as follows:
1. The City agrees to: Prepare plans,
Specifications, and cost estimates; administer the
design contract; and prepare the construction bid
documents.
2. The City and County agree to equally share all
costs associated with the design of the project.
3. The City and County agree to seek funding of the
regional pedestrian /bicycle trail under the SB 821
Program.
• Subject: Cooperative Agreement with t
design frontage improvements
Avenue and University Drive
Newport Bay Regional Park
June 22, 1992
Page 2
0
he County of Orange to
and bikeway along Irvine
adjacent to the Upper
Funding for the City's portion of this project is
available within the 1991 -92 Capital Improvement Budget. Upon
successful completion of the design phase a second cooperative
agreement will be proposed to construct the improvements.
Preliminary estimates to construct the improvements are estimated
at $1,100,000. The City and County will seek all available
funding for the construction of these improvements including the
SB 821 program. The construction of this project has been
tentatively scheduled for fiscal year 1993/94.
• - / J,
Benjamin B. Nolan
Public Works Director
SB:so
Agreement No. D92 -108
•
COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this & day of �11 1992, BY AND
1
2 BETWEEN THE CITY OF NEWPORT BEACH, hereinafter referred to as "CITY ", and the COUNTY
OF ORANGE, hereinafter referred to as "COUNTY ".
3
W I T N E S S E T H:
4
5 WHEREAS, the COUNTY intends to construct the proposed Upper Newport Bay
6 Regional Park bounded Irvine Avenue, University Drive and the Upper Newport Bay; and
7 WHEREAS, said Regional Park and existing regional bikeways in the vicinity
8 of Upper Newport Bay extending along Irvine Avenue from Santiago Drive to University
Drive and along University Drive from Irvine Avenue to Jamboree Road are included in
9
the CITY's and COUNTY's General Plans; and
10
11 WHEREAS, Irvine Avenue is a primary arterial highway in need of frontage
12 improvements and University Drive is a local street in need of frontage improvements;
and
13
WHEREAS, the proposed Regional Park development provides an opportunity to
14
incorporate an upgraded bikeway within the park, separated from adjacent vehicular
151
traffic; and
16
WHEREAS, the CITY and COUNTY recognize the benefits of constructing frontage
17
improvements and an improved regional bicycle and pedestrian facility as a necessary
18
initial phase in the overall plan to complete the regional park; and
19
WHEREAS, the CITY and COUNTY desire to establish a cooperative project, the
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upper Newport Bay Regional Park- Street and Bicycle Improvements (hereinafter
21
referred to as "PROJECT "), in which said frontage improvements and bicycle /pedestrian
22
facility may be designed and ultimately constructed; and
23
WHEREAS, the CITY and COUNTY intend at the conclusion of design of the
24i proposed improvements to enter into an agreement to construct said improvements; and
25I WHEREAS, the CITY estimates the design costs of the proposed PROJECT to be
26
approximately $120,000:
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NOW, THEREFORE, be it resolved that for and in consideration of the mutual
promises and agreements contained herein, the parties hereto do agree as follows:
I. The City Shall:
A. Assume the role and responsibilities of "lead Agency" for the design
of said improvements including consultant selection, design administration,
preparation of plans, specifications and cost estimates, and preparation of
construction bid documents.
B. Maintain a complete and accurate record of all expenditures made in
designing the PROJECT, and make the records available to the COUNTY for review.
II. The COUNTY shall:
A. Designate a representative to review and approve the PROJECT design
and plans.
III. It is mutually understood and agreed as follows:
A. The CITY and COUNTY shall equally share design costs for the proposed
PROJECT. Said costs shall not exceed $120,000, or a maximum of $60,000 as the
COUNTY contribution.
B. Upon completion of plans, specifications and construction bid
documents, the COUNTY shall remit to the CITY, at CITY's request submitted by
invoice, 50% of the consultant's design fees.
C. The CITY and COUNTY agree to jointly apply for funding of regional
bicycle and pedestrian facilities under the SB821 program.
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• Agreement No. D92 -108
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
dates set forth opposite their respective signatures.
Dated: 1992
Dated: �G/QY� %� 1992
my of Orange, a Political Subdivision
the StAe of, California
of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN P THE BOARD
By
��Clerk the Board of Supervfsors of
of Orange County, California
CITY OF NEWPORT BEACH
B
�6yor
ATTEST:
APPROVED AS TO FORM:
TERRY C ANDR S, COUNTY COUNSEL
ORANG OUN C LIFORNIA
i
By
Deputy
DT:cr/cvPWD02- 072/2061013462377
City Attorney,
City of Newport Beach
0 0
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA •MINUT'ES August 18, 1992
RESOLUTION NO. 92 -910. AGREEMENT NO. D92 -108 WITH THE CITY OF NEWPORT
BEACH FOR DESIGN OF
UPPER NEWPORT BAY REGIONAL PARK: Environmental Management Agency
requests approval of an agreement to share the cost of design and the
preparation of plans and specifications for regional bicycle trail and
street improvements associated with the Upper Newport Bay Regional Park.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Roth, the
Board moved to: 1. Authorize execution of Agreement No. D92 -108 with
the City of Newport Beach. 2. Adopt Resolution No. 92 -910 supporting
the City of Newport Beach's application to the Orange County Trans-
portation Authority for SB 821 funding of construction of regional bike
trail improvements through Upper Newport Bay Regional Park. Supervisor
Vasquez was absent. MOTION CARRIED.
RECE11tED
AVG 2 5 1992
EMA
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® 281
RESOLUTION OF THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
August 18, 1992
On motion of Supervisor Riley, duly seconded and carried, the
following Resolution was adopted:
WHEREAS, SB -821 provides that 2% of each County's total Local
Transportation Fund (LTF) be annually set aside and used to fund the
development of bicycle and pedestrian facilities; and
WHEREAS, the County of Orange has established a Master Plan of
Countywide Bikeways which designates the Irvine Avenue and
University Drive bikeways as Regional trails; and
WHEREAS, the County of Orange intends to construct the proposed
Upper Newport Bay Regional Park providing an opportunity to
incorporate an upgraded and an improved regional bicycle and
pedestrian facility within the park, separated from adjacent
vehicular traffic; and
WHEREAS, the City of Newport Beach has agreed to assume the
role of lead agency for the design and construction of these bikeway
and pedestrian improvements;
Resolution No. 92 -910
Agreement No. D92 -108 with the City
of Newport Beach for Design of
Reyiutial Bicycles Tiail and Street
Improvements at Upper Newport Bay
Regional Park (District 5)
JRG:lw 1,
1Y?I F 2 Z
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• II
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of
Supervisors endorses the submittal of a joint project application by
3!, the City of Newport Beach to Orange County Transportation Authority
4i and the Southern California Association of Governments for funding
51' under the 1992/93 SE821 Regional Funding Program.
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Ch an of the Bpard.o.f Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE /BOARD
P YLLIS A. HENDERSON
Clerk of the Board of Supervisors
County of Orange, California
AYES: SUPERVISORS
NOES: SUPERVISORS
ABSENT: SUPERVISORS
STATE OF CALIFORNIA
THOMAS F. RILEY, DON R. ROTH, HARRIET M.
WIEDER, and ROGER R. STANTON
NONE
GADDI H. VASQUEZ
ss:
COUNTY OF ORANGE )
I, PHYLLIS A. HENDERSON, Clerk of the Board of Supervisors of
Orange County, California, hereby certify that the above and foregoing
Resolution was duly and regularly adopted by the said Board at the
regular meeting thereof held on the 18th day of August, 1992, and
passed by a unanimous vote of said Board members present.
IN WITNESS WHEREOF, I have hereto set my hand and seal this 18th
day of August, 1992.
YLLIS A. HENDERSON
Clerk the Board of Supervisors
of Orange County, California
3.