HomeMy WebLinkAboutC-2904 - Preliminary Engineering Study for the Balboa Business District Street Improvement StudyBY THE- C11Y C:JU 0-1L
GTY OF NEWPORT 6'-A April 13, 1992
AR 13M CITY COUNCIL AGENDA
• ITEM NO. F -
BA -0404
9 �
TO: City Council APPROVED
FROM: Public Works Department
SUBJECT: BALBOA BUSINESS DISTRICT - STREET IMPROVEMENT C -2 %0�41
PRELIMINARY DESIGN STUDY
RECOMMENDATION:
Approve an alternative source of funding.
DISCUSSION:
At its meeting of March 23, 1992, the City Council
authorized the Mayor and City Clerk to execute an agreement with
Robert Bein William Frost & Associates to prepare a preliminary
design study for street improvements in the Balboa Business
District. The $93,313 agreement was to be funded from the Street
and Alley Resurfacing and Reconstruction Program, Account NO.
. 7013- 3010001, which contained an adequate balance at the time the
March 2 memo was written.
Staff has now discovered that there is an insufficient balance in
the Street and Alley Program to fund the agreement. In addition,
two street and alley improvement tracts are currently under
construction, and the balance in the Street and Alley Program
should be protected to provide for extra quantities or change
orders that may be required in those 2 contracts.
Approximately $120,000 remains in 2 current appropriations for
street improvements to Irvine Avenue and Santiago Drive. The
improvements have been completed, and the acceptance memorandum
for the work is included as Item No. F -11. Staff recommends that
the $93,313 agreement be funded from the unused balances in the
Irvine Avenue and Santiago Drive appropriations, and accordingly
has prepared a request for transfer of funds for Council
consideration.
A copy of the March 23 Council memorandum is attached.
Benjamin B. Nolan
Public Works Director
LD:so
Attachment
• TO: City Council
FROM: Public Works Department
0
March 23, 1992
CITY COUNCIL AGENDA
ITEM NO. F-3(a)
SUBJECT: BALBOA BUSINESS DISTRICT - STREET IMPROVEMENT DESIGN
STUDY
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute an
Engineering Agreement with Robert Bain, William Frost &
Associates.
DISCUSSION:
City staff has identified the Balboa Business District
as an area in need of street and drainage improvements in the
immediate future. A preliminary design study is needed to
establish the scope of needed repair work and drainage
improvements as well as the costs associated with the work for
• future budgetary purposes. The proposed project area will
include streets and alleys within the commercially zoned area of
the Balboa Peninsula between Adams Street and "A" Street. The
proposed street improvement design study for Balboa Business
District will include the preparation of preliminary street plans
which will address the repair of deteriorated curb, gutter,
sidewalk, street pavement, and drainage problems. The completed
project report will serve as a basis for future planning and
construction of the Balboa Business District.
RBF has previously prepared preliminary engineering
plans for Balboa Boulevard from "A" Street to Adams Street. This
project will integrate those updated plans and with preliminary
plans for the additional area streets. It is therefore
recommended that an Engineering Agreement be executed with RBF
for the preparation of the improvement study. Fees are to be at
maximum firm -fixed price for an amount not to exceed $90,313 with
a maximum budget amount of $3000 for direct cost reimbursables.
Funding is currently available within the 1991/92 Capital
Improvement Program Account No. 7013- 301001.
Beni in B. Nolan
Public Works Director
SB:so
I
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
C17 A A-�
TO: FINANCE DIRECTOR 7 /1 —/ q Z
FROM: CITY CLERK
DATE: April 16, 1992
SUBJECT: Contract No. C -2904
Description of Contract ConsLtant Agreement for Balboa
Business District - Street Improvement T)Psigo Study
Effective date of Contract AP it 16, 1992
Authorized by Minute Action, approved on March 23 1992
Contract with Robert Bein William Frost and Associates
Address 14725 Alton Parkway
P.O. Box 19739
Irvine CA 92713 -9739 Attn: Michael J Bruz
Amount of Contract (See Agreement)
k `: ' W' V
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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BY THE CITY
MAR 2 31992
TO: City Council
FROM: Public Works Department
X34
March 23, 1992
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
C -Zja�
SUBJECT: BALBOA BUSINESS DISTRICT - STREET IMPROVEMENT DESIGN
STUDY
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute an
Engineering Agreement with Robert Bein, William Frost i
Associates.
DISCUSSION:
City staff has identified the Balboa Business District
as an area in need of street and drainage improvements in the
immediate future. A preliminary design study is needed to
establish the scope of needed repair work and drainage
improvements as well as the costs associated with the work for
future budgetary purposes. The proposed project area will
include streets and alleys within the commercially zoned area of
the Balboa Peninsula between Adams Street and "A" Street. The
proposed street improvement design study for Balboa Business
District will include the preparation of preliminary street plans
which will address the repair of deteriorated curb, gutter,
sidewalk, street pavement, and drainage problems. The completed
project report will serve as a basis for future planning and
construction of the Balboa Business District.
RBF has previously prepared preliminary engineering
plans for Balboa Boulevard from "A" Street to Adams Street. This
project will integrate those updated plans and with preliminary
plans for the additional area streets. It is therefore
recommended that an Engineering Agreement be executed with RBF
for the preparation of the improvement study. Fees are to be at
maximum firm -fixed price for an amount not to exceed $90,313 with
a maximum budget amount of $3000 for direct cost reimbursables.
Funding is currently available within the 1991/92 Capital
Improvement Program Account No. 7013 - 301001.
Benja iSn n B. Nolan
Public Works Director
SB:so
CONSULTANT AGREEMENT
Preliminary Engineering Study
Balboa Business District
Street Improvement Design Study
THIS AGREEMENT, entered into this day of
,1992, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, (hereinafter referred to as "CITY ") and
Robert Bein, William Frost and Associates, whose address is 14725
Alton Parkway, Irvine, CA 92713 -9739 (hereinafter referred to as
"CONSULTANT ") is made with reference to the following:
R E C I T A L S•
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 preliminary engineering services for Balboa
Business District Street Improvement Study.
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 24th
day of March, 1992, and shall terminate on the 31st day of
August, 1992, unless terminated earlier as set forth herein.
SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT
CONSULTANT shall complete all services and work as
outlined in Exhibit "A" which is attached hereto and more fully
described in the Proposal dated February, 1992, by Robert Bein,
William Frost and Associates, on file at the Department of Public
Works, City of Newport Beach.
SECTION 3: COMPENSATION TO CONSULTANT
CONSULTANT shall be compensated for services performed
pursuant to this Agreement based on a percentage of tasks
completed billing system with a maximum firm -fixed fee of ninety
thousand, three hundred and thirteen dollars ($90,313) plus a
budget amount of three thousand ($3,000) for direct cost of
reimbursable expenses. The City reserves the right to request
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billing information to support payment requests.
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 the CITY.
SECTION 5: INDEPENDENT PARTIES
CITY and CONSULTANT intend that the relationship 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 losses, 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.
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
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: Steve Badum.
It is agreed that CONSULTANT shall maintain in force at all
times during the performance of this Agreement all appropriate
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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: $500,000
each occurrence
$1,000,000
aggregate
products /completed
operations
$1,000,000
aggregate - all other (if
applicable)
Property Damage: $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.
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
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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
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
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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 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
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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: Steve Badum, Project Manager
(714) 644 -3311
All notices, demands, requests, or approvals from CITY to
CONSULTANT shall be addressed to CONSULTANT at:
Robert Bein, William Frost and Associates
14725 Alton Parkway
P.O. Box 19739
Irvine, CA 92713 -9739
Attention: Michael J. Bruz
(714) 472 -3505
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 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.
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:
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.
APPROVED AS TO FORM:
City Attorn y
L
CITY OF NEWPORT BEACH,
a municipal corporation
BY. .��_ �0
CONSULTANT
BY:
Ja es E. M onald
ATTEST: Press en
&�� 916w�
CITY CLERK
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EXHIBIT "A"
Preliminary Engineering Study
Balboa Business District
Street Improvements
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 an update of previous
Balboa Boulevard study which was prepared by RBF, review and
inventory of existing street conditions, and the preparation of
preliminary street improvement plans addressing replacement of
deteriorated street improvements, drainage deficiencies, and cost
estimates for the Balboa Business District. The completed
project report will serve as a basis for future planning and
budgeting of a final design project leading to construction.
scope of Services:
A. Research, Investigation & Review
1. Review Existing Data
Collect and review existing documents, engineering
reports,and record drawings including the previous
Balboa Boulevard Study, dated May 12, 1988.
2. Field review
Conduct a field review to identify existing
substandard street improvements and drainage
deficiencies.
B. Utility Information Request
Prepare the Utility Information Request to local
utility owners to identify existing utilities within the project.
Compile the utility information and include it on the project
base sheets.
C. Aerial Mapping and Survey
Provide Field topographic survey data and aerial
mapping necessary for the preliminary design of the proposed
improvements. Services to include; the preparation of aerial
topographic base maps at 1" = 20' scale with 1 foot contours
intervals, and supplemental topography throughout project limits
except that work previously performed on Balboa Boulevard under
separate contract.
D. Preliminary Findings Report
Upon completion of aerial mapping and collection of
field information, the consultant shall conduct an analysis of
the information obtained and prepare a brief letter report
outlining its findings in a matrix type format.
E. Hydraulics and Hydrology Study
The consultant shall perform engineering analysis to
determine the maximum allowable flooding at critical street
locations within the project boundaries to verify deficient areas
and the maximum existing levels of flood protection and make
recommendations to upgrade existing street end outlets when
necessary.
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F. Preliminary Plans
Meet with City staff to discuss possible alternatives
based on preliminary findings. Prepare preliminary street plans
at 1" = 20' scale with typical sections and street plan and
profile sheets. The consultant will review and include the
previously prepared Balboa Boulevard Preliminary Plans as a part
of the final preliminary plan package. The preliminary plans
shall use as a basis for design the "Tilt Section alternative" as
presented in the report dated May 12, 1988.
G. Preliminary Quantity and Cost Estimates
Prepare one preliminary quantity and cost estimate for
the project upon completion of the preliminary plans.
H. Meeting Attendance and Consultation
Consultant shall attend scheduled meetings and provide
consultation as required by the City.
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