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HomeMy WebLinkAboutC-2943(A) - Intersection Improvements at 17th Street, Westcliff Drive, Irvine Avenue, Engineering ServicesCITY 4AF NEWPORT BACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK (714) 644 -3005 DATE: April 28, 1993 SUBJECT: Contract No. C- 2943(A Description of Contract Engineering Services Agreement for Irvine Avenue and 17th Street /Westcliff Drive Street Improvements Effective date of Contract April 28 1993 Authorized by Minute Action, approved on April 26 1993 Contract with K. W. Lawler and Associates Inc. Address 2832 Walnut Avenue Suite A Tustin CA 92680 Amount of Contract (See Agreement) " s 4 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach CITY AN ? Fi April 26, 1993 CITY COUNCIL AGENDA ITEM NO. 9 • L APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: IRVINE AVENUE AND 17TH STREET /WESTCLIFF DRIVE STREET IMPROVEMENTS - ENGINEERING SERVICES AGREEMENT (C- 2943)4) RECOMMENDATION: Authorize the Mayor and the City Clerk to execute an Engineering Services Agreement with K.W. Lawler and Associates. DISCUSSION: The 1992/93 Capital Improvement Program Measure M Fund includes an appropriation for the preparation of plans and specifications for the improvement of Irvine Avenue and 17th Street /Westcliff Drive. The project was recommended as part of • the Growth Management Area (GMA) 8 transportation project priority list which was approved by the Orange County Transportation Authority (OCTA) in July 1992. An application for funding right -of -way and construction is being considered by (OCTA) and approval is anticipated in July 1993. The project proposes to widen 17th Street /Westcliff Drive in order to provide a second eastbound left turn lane to northbound Irvine Avenue. This Engineering Services Agreement will provide for preliminary engineering to evaluate widening for the additional left turn lane, future widening necessary for ultimate intersection improvements, and future widening at the intersection of Westcliff Drive and Dover Drive and final engineering to prepare right -of -way documents; final plans and specifications. Proposals were requested from three Engineering Firms, Robin B. Hamers and Associates, K.W. Lawler and Associates and Duca- McCoy, Inc. Two firms submitted sealed proposals and were interviewed by a selection committee comprised of two Public Works Department Engineers and a City of Costa Mesa Public Works • Engineer. The committee has selected K.W. Lawler and Associates as the best qualified to provide the requested engineering services. K.W. Lawler proposes to provide services for fees based on standard hourly rates on a time and materials basis for an amount not to exceed $39,100.00. The services to be provided are as follows: i. Review existing improvements and right -of -way documentation, perform field investigations, aerial photographs and surveys. 0 E Subject: Irvine Avenue and 17th Street /Westcliff Drive Street Improvements - Engineering Services Agreement (C -2943) April 26, 1993 Page 2 Evaluate alternatives, prepare base maps for • existing conditions and ultimate widening conditions. 3. Prepare right -of -way drawings and legal descriptions. 4. Prepare final construction plans, specifications, cost estimates and bid proposal. 5. Coordinate preparation and review of the plans with City of Newport Beach and City of Costa Mesa. K.W. Lawler and Associates' fees can be broken down into $19,100 for preliminary engineering, aerial photos, survey and right -of -way costs /and $20,000 for basic engineering services cost to prepare final plans and construction documents. The fee for basic engineering services is 8.3% of the preliminary construction estimate of $250,000. The American Society of Civil Engineers (ASCE) no longer produces curves for recommended engineering fees as a percentage of construction cost but the old • curves used through 1988 varied from 8.11% average complexity to 10.25% above average complexity. It is recommended that an Engineering Services Agreement be executed with K.W. Lawler and Associates. Funding is currently available within the Measure M Fund, Account No. 7283- 98302015. Benjamin B. Nolan Public Works Director JW:so • J 0 CONSULTANT AGREEMENT Engineering Services for Irvine Avenue and 17th Street /Westcliff Drive Street Improvements -z y�3 (14) THIS AGREEMENT, entered into this day of ,1993 by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and K.W. LAWLER AND ASSOCIATES, INC., whose address is 2832 Walnut Avenue, Suite A, Tustin, CA 92680 (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. The Orange County Transportation Authority approved a Measure M project recommended by Growth Management Area (GMA) 8 to provide a second left turn lane from eastbound 17th Street to northbound Irvine Avenue. C. CITY and CONSULTANT desire to enter into an agreement for engineering services to evaluate alternatives for existing and ultimate conditions, prepare right -of -way documents and legal descriptions and to prepare plans, specifications and cost estimates for construction necessary to provide the second left turn lane from eastbound 17th Street to northbound Irvine Avenue. 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 the agreement is executed by City and shall terminate on December 31, 1993 unless terminated earlier as set forth herein. 1 0 SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated April 12, 1993 attached hereto set forth in Exhibit "A" Task A Review and Field Investigation Task B Evaluate Alternatives Task C Prepare Construction Documents Task D Provide Coordination Task E Prepare Cost Estimate Task F Reproduction SECTION 3: COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services described in Exhibit "A" pursuant to this Agreement. Fees shall be on a time and materials basis with standard hourly rates as described in Exhibit "A". The maximum fee shall not exceed $39,100.00 and compensation shall be as described in Exhibit "B ". An increase in Scope of Services which does not exceed 10% of the original fee ($3,910.00) may be approved by the Public Works Director. 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 E F 0 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. INSURANCE 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: 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: $500,000 each occurrence $1,000,000 aggregate products /completed operations 3 • • $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. (3) Professional Liability 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. 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 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 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, 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 8. PROHIBITION AGAINST TRANSFER 4 0 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 AND PLANS Each and every report, draft, work - product, map, record, plan 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 without prior approval by CITY. 5 0 r1 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, 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 2 0 CONSULTANT shall be addressed to CONSULTANT at: K.W. Lawler and Associates, Inc. 2832 Walnut Avenue, Suite A Tustin, CA 92680 Attention: Loren Sanberg (714) 730 -0401 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. 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. 7 0 0 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. APP VED AS TO FORM: i y Attorney CITY OF NEWPORT BEACH, a municipal corporation CONSULTA T BY. :3 U z (d W Q U 0 rCf ) VJ 0 z Q rr W J Q J 2832 WALNUT W/ENUE- STE. A- TUSTIN° CAdJ268O 714-730-0401 April 12, 1993 City of Newport Beach Post Office Box 1768 Newport Beach, California 92659 -1768 Attention: Mr. Horst Hlawaty Project Manager Subject: Civil Engineer's Revised Proposal for Street Improvement Plans; Irvine Avenue and 17th Street /Westcliff Drive Dear Mr. Hlawaty: This letter represents a response to your Request for Proposal for intersection improvements at Irvine Avenue and 17th Street /Westcliff Drive. I understand that the currently - envisioned project will entail the construction of a second eastbound left -turn lane on 17th Street and, as an optional feature of the project, the lengthening of the existing southbound left -turn lane on Irvine Avenue. By way of an introduction to this proposal and to my firm, I am transmittina herewith a copy of my firm's Capability Presentation and Proposal. This document lists our existing clients and provides samples of plans for previous projects. Our current plans and proposal include provisions (and costs) for engaging Kimley -Horn & Associates, Inc., traffic engineers, to accomplish the required traffic control plans, signal modification plans, and street light /utility relocation plans. We have further anticipated some assistance from Kimley -Horn in preparing overlays of alternative proposals and in meeting with staff to evaluate alternatives. The project manage shall be Mr. Loren presented in the Proposal document. project manager on Newport Beach. for our firm's involves Sandberg. Loren's ample accompanying Capability It should be noted that previous road projects nent in the project qualifications are Presentation and Loren has been the for the City of As to project scheduling, my firm has an ample work force capable of meeting (or beating) your anticipated time schedule of initial plans completed no later than 30 working days after award of project and final plans completed no later than 50 working days after award. RECE6VED EXHIBIT 'A" 0 City of Newport Beach Attention: Horst Hlawaty April 12, 1993 Page 2 Although contained in the accompanying Capability Presentation and Proposal, I have included herewith Schedule "B ", Standard Schedule of Hourly Fees, which describes the hourly fees charged for all job classifications. My anticipated cost to provide the necessary field survey and plan preparation /processing services is submitted for your review as follows: ANTICIPATED SCOPE OF SERVICES A. Review and Field Investigation 1. Collect and review existing docu- ments, utility information, and as -built plans. $1,440.00 2. Conduct a field review to identify conditions. 360.00 3. Prepare aerial photos (1" =20') along 17th Street /Westcliff Drive from Tustin Avenue to Dover Drive. 4,500.00 4. Provide surveying services neces- sary to prepare construction plans. This should include cross - sections at 50 -foot intervals and other sig- nificant points. Cross - sections to the degree feasible should extend out 30 feet onto private property. 5,040.00 B. Evaluate Alternatives 1. Prepare base map of existing con- ditions. 2,060.00 2. Prepare base map of ultimate street widening conditions. 2,060.00 K W L_ City of Newport Beach Attention: Horst Hlawaty April 12, 1993 Page 3 Is Prepare overlays of alternative widenings for 17th Street /Westcliff Drive to accommodate the second east- bound left -turn lane. 1,248.00 4. Prepare overlays of alternative pro- posals for providing additional stor- age for southbound left turn traffic. 1,832.00 5. Meet with staff to evaluate alterna- tives. 920.00 C. Construction Documents 1. Prepare final construction drawings (1" =20') in sufficient detail to con- struct the left -turn lanes to be mod- ified /lengthened including striping; traffic control during construction; signal modification plans; relocation of street lighting and utilities. 9,280.00 2. Prepare a right -of -way drawing with legal description. Right -of -way re- quirements shall be based on 8 -foot sidewalks, 13 -foot curb lanes, 12 -foot travel lanes and a 2 -foot median. These parameters are an interim con- dition. The right -of -way requirements shall be compatible in that it shall address 17th Street as a major road- way (six lane divided) at a future date. 1,920.00 Prepare final construction specifi- cations and bid proposal suitable for reproduction or on 5.25" floppy disk with IBM compatible "Word Perfect" 5.1 version. 3,200.00 =\A/ • City of Newport Beach Attention: Horst Hlawaty April 12, 1993 Page 4 D. Coordination Coordination with City of Newport Beach, Costa Mesa and utilities companies as necessary to complete the project. The City of Costa Mesa's Utility Coordination Procedure is attached. 1,800.00 E. Cost Estimate Prepare preliminary cost estimate including right -of -way and utility relocation costs. 1,440.00 F. Reproduction Reproduction shall be provided as neces- sary to complete the project. They shall be provided at 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. 2,000.00 CONTRACT LUMP SUM TOTAL AMOUNT: $39,100.00 Please contact me if you should have any questions or comments, or if I may be of further assistance in the matter. Sincerely, -i Kerry W. Lawler, President KWL /jrl xc: Mr. John Wolter, City of Newport Beach K W L CU z U J W Q U r0 rCf ) tJ ) Q 0 z Q W J Q J 3 2832 WALNUT *NUE° STE.A- TUSTIN °CA #2BSO 714-730,0401 SCHEDULE "B" K.W. LAWLER AND ASSOCIATES, INC. STANDARD SCHEDULE OF HOURLY FEES EFFECTIVE DECEMBER 1, 1992 & UNTIL FURTHER NOTICE OFFICE: PRIN CIPALS ......... ............................... 590:00 /90UR LICENSED LAND SURVEYORS AND PROFESSIONAL ENGINEERS ..... ............................... $80.00 /HOUR PROJECT MANAGER .... ............................... $76.00 /HOUR PROJECT DESIGNER, COMPUTER TECHNICIAN ............. $65.00 /HOUR DESIGNER DRAFTSPERSON ............................. $60.00 /HOUR DRAFTSPERSON ....... ............................... $52.00 /11OUR CLERICAL ........... ............................... $30.00 /HOUR F EI LD: TWO -MAN SURVEY CREW ............ ...................$170.00 /HOUR THREE -MAN SURVEY CREW ..... ........................$190.00 /HOUR 0 0 EXHIBIT "B" Engineering Services for Irvine Avenue and 17th Street /Westcliff Drive Street Improvements Compensation to the Engineer A. In consideration of the performance of services specified under Exhibit "A" of this Agreement, CITY hereby agrees to compensate ENGINEER an amount based on the following hourly rates: Classification of personnel Hourly Rate Principal $ 90.00 Licensed Land Surveyors and Professional Engineers $ 80.00 Project Manager $ 76.00 Project Designer, Computer Technician $ 65.00 Design Draftsperson $ 60.00 Draftsperson $ 52.00 Clerical $ 30.00 Two -Man Survey Crew $ 170.00 Three -Man Survey Crew $ 190.00 Expenses for reproduction will be billed at cost. Subconsultant fees will be billed at cost plus 10 %. B. Aggregate compensation to the ENGINEER shall not exceed thirty nine thousand and one hundred dollars ($39,100). C. ENGINEERS 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 ENGINEER within thirty (30) days after receipt of ENGINEER's invoices. E. Increase in the Scope of Services which does not exceed 10% of the original fee thirty nine thousand and one hundred dollars ($3,910) may be approved by the Public Works Director. EXHIBIT "B"