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HomeMy WebLinkAboutC-3295 - Balboa Island Pedestrian Bridges - Amendment #1 (original contract is less than $30k)r '!, AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this I day of i', % 2000, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and DOKKEN ENGINEERING, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123, (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On June 24, 1999, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for final design and construction support services for Balboa Island Pedestrian Bridges, hereinafter referred to as 'PROJECT'. B. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided herebelow. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1 according to "Additional Budget Request' dated 12/22/99 attached hereto. 2. Total compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 1 shall not exceed eleven thousand five hundred dollars ($11,500). w • a 7 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation MO DOKKEN ENGINEERING f: \users \pbw \shared \agreements \fy 99- 00 \dokken- amendment 1.doc 0 i TO: Mayor and Members of the City Council FROM: Public Works Department C January 25, 2000 CITY COUNCIL AGENDA ITEM NO. 13 SUBJECT: BALBOA ISLAND PEDESTRIAN BRIDGES (C -3295) RECOMMENDATIONS: 1. Approve an amendment to the professional services agreement with Dokken Engineering. 2. Authorize the Mayor and the City Clerk to execute the amendment. DISCUSSION: On June 24, 1999, the Public Works Department entered into a $29,840 professional services agreement with Dokken Engineering (copy attached) to provide final design and construction support services for this project. The project design is complete and we are waiting for a Coastal Commission approval before advertising for bids for the construction of the project. This approval is anticipated during February. Dokken has requested an increase in their contract in the amount of $11,500 to cover work performed that was outside the original scope of work provided for in their agreement. Throughout the design process Dokken and the city staff have met with an assembly of residents, businessmen and architects known as the "Balboa Island Hot Issues Committee" to discuss design options and the desires of the Balboa Island Community. The Committee's suggestions pertained to design layout, styles, materials and /or colors of items such as railings, walkway surfaces, benches, flag holders, lighting, landscaping, and irrigation. Dokken also researched and reported upon numerous suggestions proposed by the Committee and has made a number of modifications to the plans, specifications and estimates (PS &E) to accommodate the Committee's agreed upon suggestions. The pedestrian bridge design incorporating all of the Hot Issues Committee's desires is estimated to cost $559,000. Dokken has also prepared a modified "bare bones" project estimated to cost $442,000, which is less than the remaining budget balance of approximately $481,000. These modifications include providing for the contractors' base bid to incorporate a plank -style walkway deck installation; and alternative plans and specifications for added bid items the Hot Issues Committee desire (total railing r 0 Subject: Baltoa Island Pedestrian Bridges, Award of Contract No. 3295 January 25, 2000 Page: 2 replacement, colored and patterned walking surfaces, new light standards, etc.). These modifications to the PS &E have increased design costs beyond those originally proposed by $10,000. Processing the environmental documents and obtaining the required Coastal Permit have taken more time and effort than originally proposed and an additional $1,500 has been requested to cover this added work. The request for additional compensation in the amount of $11,500, has been reviewed and found to be justified and reasonable. Amendment No. 1 to Dokken's agreement has been prepared for Council review (copy attached). Staff recommends City Council approval of this amendment. Sufficient funds are available in the following account for this amendment: Account Number Account Description 7013- C5100506 Balboa Island Bridge Pedestrian Walkway Respectfully submitted, 0,�td L PUBLIC WORKS DEPARTMENT Don Webb, Director By: Lloyd alton, P.E. Design Engineer Amount $11,500 Attachments: Professional Services Agreement Proposed Amendment No. 1 to Professional Services Agreement i:\ users\pbw\shared\ council \y99- 00\january- 25\pedeshian bridges o3295.doc 0 0 �J 0 L 0 .10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 0W day of �Gc/1 L 1999, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and DOKKEN ENGINEERING, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123 (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has budgeted funds to design and construct BALBOA ISLAND PEDESTRIAN BRIDGES ('Project') during FY 1999 -2000. C. City desires to engage Consultant to provide FINAL DESIGN AND CONSTRUCTION SUPPORT SERVICES for Project upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Richard T. Liptak, P.E. E. City has solicited and received a proposal from Consultant, reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this -1- • r Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 1st day of July, 1999, and terminate on the 1 st day of July, 2000 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as EXHIBIT "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the PS &E Budget Proposal set forth in EXHIBIT "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Twenty Nine Thousand Eight Hundred forty Dollars ($29,840) plus cost of Consultant's reimbursables. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice. 1PZ 0 u r ! 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in EXHIBIT "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical -3- personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who / are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, . contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. 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 expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the iE terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times • during term of Project. Consultant has designated Matthew W. Salveson, P.E., to be its E Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete -5- 0 0 Project on a timely basis as contemplated by this Agreement. . 8. TIME OF PERFORMANCE (not used) 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator. 11. PROGRESS Consultant is responsible to keep the Project Administrator informed on a regular • basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the !o • -• . active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this • Agreement. Except workers compensation and errors and omissions, all insurance 0 policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, unless otherwise approved by City. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 -7- 0 Ll million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be ! canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 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 0 H 0 0 • 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. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall • be construed as an assignment of this Agreement. Control means fifty percent (50 %) or 0 more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from U 0 Consultant will be at City's sole risk and without liability to Consultant. Further, any and 0 all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this 0 Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's 0 -10- 0 LJ • reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd R. Dalton, P.E., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 0 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute -11- 0 0 with respect to such payment. Such withholding shall not be deemed to constitute a 0 failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will -12- 0 0 0 foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. 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 third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Lloyd R. Dalton, P.E. (949) 644 -3328 FAX (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: L. J -13- 0 0 Dokken Engineering • 3914 Murphy Canyon Road, Suite A -153 San Diego, CA 92123 Attention: Matthew W. Salveson, P.E. (619) 514 -8377 FAX (619) 514 -8608 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting , party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER -14- . A waiver by either party 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. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST 0 Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or -15- anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to City in Auto Cad Version 14 in "dwg" file format. All Written documents shall be transmitted to City in Microsoft Word 97 and Microsoft Excel 97, and shall be compatible with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Ciauson Assistant City Attorney \\mis_l \sys\ users\ pb +v\shared\agreements \99 \Dokken area CITY OF/ ORT BE C By. ublic Works Director DOKKEN ENGINEERING By: Richard T. Liptak, PI/ 0 • �• PROJECT APPROACH ® {.rr The services to be provided is divided intofr+e-rarts: , 2) 70% PS &E submittal: '! 3) 90% PS &E submittal; 4) 100% PS &E submittal; 5) Construction support. ,STONE 1 - 30% SUBMITTAL I . Agra will immedta in review of existing geotechnical i cation in order to generate preliminary geotechnical rec ations. 2. A Structure General Plan, Foundation e , an I Section will be generated. 3. An Engineer's Estima ost will then be determined. 4. Upon etion of the 30% submittal, the City may elect to pursue construction fun 1 om the Council. Work on Milestone 2 may be held until a Council decision is made. MILESTONE 2 — 70% SUBMITTAL '* I . After the City has completed all comments from the 30% submittal, Agra will complete its foundation report and all plan sheets will be corrected per City comments. 1 2. Bent Details and Miscellaneous Details associated with pedestrian connections to existing structures (sea walls, stairs, etc.) will be generated. luo 3. A traffic control plan will be generated. A plan similar to that be used for the retrofit construction on Balboa Island Bridge will be used. i 4. MacDonald Architecture will complete architectural design of railing and all miscellaneous concrete facilities. r 5. Upon completion of architectural design, architectural and railing details will be generated. 6. Project Special Provisions in Greenbook format will be generated. �l 7. Upon completion of the Details and Special Provisions, LSA will begin the amendment to the City's current CDP with the California Coastal Commission. Environmental Review is discussed below 8. A revised Engineer's Estimate of Cost and formal Structural Calculations will be generated. ENVIRONMENTAL REVIEW CDP Amendment Processing 1 Staff at the Long Beach Office of the California Coastal Commission have indicated that the addition of pedestrian walkways will need to be addressed as an amendment to the Coastal Development Permit �l (CDP) issued for the seismic retrofit of the bridge. LSA will prepare an application package for "'■��� . submittal to the CCC requesting the amendment. This task entails assembling information and material to complete a CDP amendment application package. �] &DOKKEN E N G I N E E R I N G it, • 0 The completed amendment request shall be provided in draft form to the City of Newport Beach for review. Once CCC receives the request, it is possible that CCC may take from 45 to 90 days to act on the request. LSA will provide copies of the final CDP amendment request to Dokken, the City, and CCC for processing. If necessary, LSA will be available to attend one public hearing in the Southern California area, to respond to questions or issues raised by Long Beach Staff, or by the Commissioners, if the requested amendment must be voted on by the Commission. Corps, USCG Notifications LSA will provide a letter to the Corps, primarily as a courtesy, regarding the new walkways, indicating that the additional piles to be installed at each end of each walkway, immediately adjacent to the sea walls, will not involve any additional discharge into waters of the U.S., because the pile locations lie above the ordinary high water mark, outside the limit of Corps jurisdiction. The Corps may wish to verify our interpretation of the limit of their jurisdiction, but we do not anticipate any conflict over our jurisdictional assessment. LSA will also contact the U.S. Coast Guard (USCG) bridge team, to inform them of the additional project element. It will be prudent to notify the bridge team since the construction of the proposed walkways is anticipated to require temporary closure of at least one navigable lane for boat traffic under the bridge.. LSA does not anticipate a response from the Corps, but will follow up the letter transmittal with a call to . the designated Corps staff person to confirm receipt and agreement that no additional authorizations are required. Likewise, LSA will follow up with the USCG bridge team to determine whether we should expect a written response, or that the instructions stated in their previous letter regarding the seismic retrofit project's exemption from Section 9 permitting still apply to the project as amended. MILESTONE 3 - 90% SUBMITTAL 9. After the City has completed all comments from the 70% submittal, all plan sheets and Special Provisions will be corrected per City comments. lul 10. Independent Structural Check Calculations will be generated. 11. Quantity Check Calculations will be generated. 12. A Working Day Schedule will be generated. 13. A revised Engineer's Estimate of Cost will be generated. �i MILESTONE 4 -100% SUBMITTAL 1. After the City has completed all comments from the 90% submittal, all plan sheets and Special Provisions will be corrected per City comments. 2. Dokken Erigineering will support the City from completion of PS &E through contract advertisement, • 7 pre -bid meetings, questions from contractors and bid analysis. D@DOKKEN E N G I N E E R I N G 0 • MILESTONE 5 - CONSTRUCTION SUPPORT Dokken Engineering will provide construction support throughout the construction process. This support includes general support to the Resident Engineer including responding to Requests For Information, reviewing Contract Change Orders, and reviewing shop drawings. ICDOKKEN E N G I N E E R I N G PROJECT WORK PLAN Through years of experience in the planning and design of roadway and bridge projects for local agencies, Dokken Engineering has developed a thorough understanding of the work required for satisfactorily completing bridge and roadway projects. Dokken Engineering has developed the following detailed work plan for the Balboa Island Pedestrian Bridges project: 1. Project Management This is a continuous activity that commences with the receipt of the Notice to Proceed and continues through construction bid support. Key elements of our project management program include regular progress reports, work progress direction and monitoring, coordination, and communications. 1.1 Progress Monitoring — Dokken Engineering's Project Manager will monitor and direct work activities on this project in accordance with the contracted work scope and schedule. Regular project team meetings will be held to review work in progress. 1.2 Coordination • The Project "Kick -Off' Meeting will be held within a week of Notice to Proceed. This meeting should include representatives from, but not be limited to, City of Newport Beach, Dokken Engineering staff and project subconsultants. The primary objective is to establish project protocol, finalize the project schedule, and identify technical issues. • Close contact will be maintained between the Project Manager, City of Newport Beach and subconsultant personnel. All team members will be involved in development of the project schedule in order to assure proper coordination of all the required tasks 1.3 Communications • Progress Reports will be submitted monthly to the City of Newport Beach. These reports will discuss progress schedule status by project activity /task. They will also include a discussion of issues requiring actions or decisions which may impact project deliverables. • Regular Communications will be facilitated through the Project Manager. Dokken Engineering Staff and other team members will be available to meet with City of Newport Beach personnel to discuss technical or administrative issues to keep the project on track. 2. Design — Dokken Engineering will proceed with completion of the plans, specifications and estimate for the project. 2.1 Plans, Specifications and Estimate (PS &E) All plans will be prepared using AutoCAD release 14� • ,i" RMDOKKEN E N G I N E E R I N G Bridge Design / Plans — Upon approval of the 30% Submittal, Dokken Engineering will complete the design calculations for the selected structure in accordance with Caltrans standards, including Bridge Design Specifications, Design Aids, and Memos to �- Designers, incorporating recommendations from the Foundation Report, environmental documents, and permit requirements. A full set of detailed bridge plans will be prepared, including, as necessary, deck contours, foundation plan, typical section, abutment layout and details, bent layout and details, girder layout and reinforcement, and railing details. A separate set of independent check calculations will be prepared by tDokken Engineering based on the completed bridge plans. l • Specifications— Dokken Engineering will prepare project specifications and special provisions in "Green Book" format. We have extensive experience in preparing roadway and bridge specifications in both Caltrans and Green Book formats. We do understand the City's strong desire to administer the construction of this project using only Green Book specifications. • Engineer's Estimate — Dokken Engineering will prepare accurate quantity calculation and utilize State of California Department of Transportation Contract Cost Data records in development of engineer's estimate of cost. 1. I it I RMDOKKEN E N G I N E E R I N G • 0 DOKKEN Engineering Balboa Island Pedestrian Bridges PROPOSAL FOR FINAL DESIGN & CONSTRUCTION SUPPORT (30'% PS &E to 100% PS &E and Construction Support) Firm Tasks Design Fees Dokken Engineering Project Management $1,620 Prepare PS &E (70 %, 90% & 100 %) $15,990 Construction Support $1,800 Subtotal: $19,410 LSA Army Corps and Coast Guard Coordination, CDP $3,700 Amendment Reimbursibles (Reproduction, Postage, Etc.) $200 Subtotal: $3,900 Agra Structures Foundation Report $1,730 Subtotal: $1,730 MacDonald Architects Architectural Design of Railing and Misc. Concrete $4,300 Reimbursibles (Reproduction, Postage, Etc.) $500 Subtotal: $4,800 DOKKEN Engineering Rate Schedule Project Manager / Project Engineer $90 / hour Associate Engineer $801 hour Detailer $65 / hour Budget Proposal_01; Project Total: $29,840 0 Is AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2000, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and DOKKEN ENGINEERING, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123, (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On June 24, 1999, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for final . design and construction support services for Balboa Island Pedestrian Bridges, hereinafter referred to as 'PROJECT'. B. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided herebelow. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1 according to "Additional Budget Request' dated 12/22/99 attached hereto. 2. Total compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 1 shall not exceed eleven thousand five hundred dollars ($11,500). 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation APPROVED AS TO FORM: Mayor City Attorney ATTEST: City Clerk DOKKEN ENGINEERING 10 f: \users \pbw\shared \agreements\fy 99 -00 \dokken- amendment t.doc 0 June 27, 2000 CITY COUNCIL AGENDA ITEM NO. 17 APf'�oJ�"� P�wMM�nlpq��.IS TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA ISLAND PEDESTRIAN BRIDGES - REJECT ALL BIDS, CONTRACT NO. 3295 RECOMMENDATIONS: Reject all bids. 2. Rebudget the remaining funds in account No. 7013- C5100506 for aesthetic improvement to the Balboa Island Bridges and Island sidewalk improvements. 3. Direct staff to work with Balboa Island community associations to determine the scope of work to be accomplished. DISCUSSION: At 11:00 A.M on May 31, 2000, the City Clerk opened bids for the construction of pedestrian bridge additions to the Balboa Island Bridge. Bid Items Low 2nd 3rd G.B. Cooke Traylor Pacific Beador Construction Schedule A $754,786.00' $799,225.30 $890,000.00 Schedule B $763,856.00" (not bid) $892,000.00 Additional Bid Item #1 $ 17,464.00 $ 65,490.00 $ 43,660.00 Additional Bid Item #2 $ 2,400.00 (not bid) $ 4,800.00 Additional Bid Item #3 $ 40,000.00 $ 30,000.00 $ 35,000.00 Additional Bid Item #4 $ 20,000.00 $ 45,000.00 $ 20,000.00 Additional Bid Item #5 $ 25,000.00 $ 45,000.00 $ 22,000.00 Additional Bid Item #6 $ 5,000.00 $ 6,000.00 $ 4,000.00 Corrected Amount is $745,768.00 " Corrected Amount is $754,856.00 The low Total Base Bid is 68 percent above the Engineer's Estimate of $450,000. Staff and the design consultant determined the high bids are due to the high cost of two major bid items in the contract (precast girders and railings). Both items were bid approximately twice as high as the costs given to the consultant during design. r SUBJECT: BALBOA ISLAND PERTRIAN BRIDGES — CONTRACT NO. 3295 • June 27, 2000 Page: 2 This base bid project provides for removing railings from parapet walls on both sides of the Balboa Island bridge and constructing pedestrian bridges with bronze anodized railings adjacent to the parapets. Base Bid Schedule A provides for constructing a cast - in -place concrete deck upon precast concrete girders. Base Bid Schedule B provides for installing precast concrete deck planks atop the precast concrete girders. The pedestrian bridges are to be supported by the pile cap extensions that were built during last year's seismic retrofit project. The base bid also includes constructing irrigated planters at the Island ends of each pedestrian bridge, pedestrian "overlooks" with bench areas at mid - channel of the bridges, and flagpole supports in the parapet walls of the existing bridge. Throughout the design process, Public Works Staff and consultant Dokken Engineering met with a group of residents, businessmen, and architects known as the "Balboa Island Hot Issues Committee" to discuss design options and the desires of the Island community. The Committee's suggestions pertained to design layout, styles, materials, and /or colors of items such as railings, walkway surfaces, benches, flag holders, lighting, landscaping, and irrigation. Dokken researched and reported upon the Committee's suggestions and made numerous modifications to the plans, specifications, and estimates so that the Committee's suggestions could be bid as "Additional Bid Items ", which could have been included in the award of contract if sufficient funds were available. Six Additional Bid Items (ABI) were: • ABI #1 - Construct colored and stamped concrete deck surfaces in lieu of plain concrete in the cast -in -place deck and pedestrian overlook of Schedule A. • ABI #2 - Construct colored and stamped concrete deck surfaces in lieu of plain concrete in the pedestrian overlook of Schedule B. • ABI #3 - Remove and replace five bronze anodized aluminum light poles on the existing bridge with six new, decorative concrete light standards similar to those that were installed on the new Arches bridge. • ABI #4 - Remove, replace, and paint bicycle and stairway railings on the existing bridge to match railings on the new pedestrian bridges. • ABI #5 - Remove, replace, and anodize bicycle and stairway railings on the existing bridge to match railings on the new pedestrian bridges. • ABI #6 - Substitute painted railings on the new pedestrian bridges in lieu of anodized railings that were specified in the base bids. The bid documents stipulated that the City may include any or all of the six Additional Bid Items with the award to the lowest base bidder of either Schedule A or Schedule B. Plans and specifications were prepared by Dokken Engineering and by Public Works staff. The contract stipulated that long lead -time items, such as precast girders, would be ordered immediately after the contract is executed; that onsite work would not begin until after the Labor Day weekend; and that all work would be completed within fifty -five SUBJECT: BALBOA ISLAND PEDAAN BRIDGES — CONTRACT NO. 3295 • June 27, 2000 Page: 3 consecutive working days. Assuming no delays, work was to have been completed before Thanksgiving. Approximately $482,000.00 remains in Account No. 7013- C5100506 for the project. After the bid opening, Staff met with the design engineer, the contractors that bid on the project, and the Hot Issues Committee to discuss the project. It was determined that it was probably not possible to redesign the pedestrian bridges to cut $300,000.00 from the project and still provide the aesthetic features desired by the community to improve the appearance of the bridge. There is still a strong desire on the part of the Balboa Island communities to improve the appearance of the main entrances to the Islands. In addition to the aesthetic improvements needed for the Balboa Island Bridge, the Little Balboa Island Bridge is in need of upgrading. Mayor Noyes requested an additional $150,000.00 for Balboa Island sidewalk repairs at the City Council Study Session for next year's Capital Improvement Program. Staff recommends the funds remaining in the Pedestrian Bridge Account (approximately $482,000.00) be rebudgeted to FY 2000 -2001. The new project title would be "Aesthetic Improvements to the Balboa Island Bridges and Island Sidewalk Improvements." The scope of the project is to be determined by representatives of the Balboa and Little Balboa Island Community and Business Associations. The intent of this project is to improve the appearance of both bridges through changes to the railings, street light standards, structure and paved surfaces, and the installation of planters and landscaping. $150,000.00 is to be set aside to provide for an expansion of the sidewalk repairs on both islands. Respectfully submitt.MJ PUBLIC WORKS DEPARTMENT Don Webb, Director By: ew- Lloy6 Dalton, P.E. Design Engineer Attachment: Bid Summary f:\ users \pbw \shared\council \ fy99 -00 \june- 27 \balboa island pedestrian bridges c- 3295.doc Q MW W ce 0 a w z 0 u r z W off. W 0 3 U H J co M IL f O Q f v w u p o p in O Y Y � U y W V � U _ m Q OQ U Q Q 0 m m W 0 m z a Vl W D W a Z Q m m llJ J H L O z o � J OD N N JO J W N Qa. � w C7 zL�i] Z to ¢ � z w O Z C f 1 fly n. 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