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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 • • • 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 1 C� • 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 2 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 3 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 4 0 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 5 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 7 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. LJ 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. 0