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)
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Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
CITY
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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.
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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
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CONSULTANT AGREEMENT
Engineering Services
for
Irvine Avenue and 17th Street /Westcliff Drive
Street Improvements
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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.
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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
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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
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$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
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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.
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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
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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.
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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.
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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"
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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
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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
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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
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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"