HomeMy WebLinkAboutC-3615 - PSA - 21st Street / Newport Boulevard Intersection Improvements°ri -.. CULL
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
May 27, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Director
949 - 644 -3311
sbadum@city.newport-beach.r-a.us
SUBJECT: 21ST STREET /NEWPORT BOULEVARD INTERSECTION
IMPROVEMENTS, APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH METROPOINTE ENGINEERS
RECOMMENDATION:
Approve a Professional Services Agreement with Metropointe Engineers of Costa
Mesa, California at a contract price of $87,330 and authorize the Mayor and City Clerk
to execute the Agreement.
DISCUSSION:
At the February 22, 2000 Study Session, City Council reviewed and discussed the
Circulation Study for the merge of Balboa Boulevard and Newport Boulevard commonly
referred to as the 'Mixmaster which was prepared by Parsons Transportation Group,
Inc.. At the conclusion of the session, Council directed staff to proceed with the
preparation of plans, specifications, and construction documents for traffic circulation,
safety, and access improvements in conformance with Alternative H, Modified Existing
of the study (see attached exhibit). Due to staffing changes and project priorities, this
project was placed on hold. Recently, staff met with some area business leaders to
discuss reviving the project and has placed it back into the current CIP program.
In general, Alternative H, the Modified Existing alternate, provides for a direct two way
access to the Newport Pier and McFadden Square commercial district from Newport
Boulevard at 211 Street. This alternative requires the alteration of the existing traffic
signal, realignment of the existing roadway, reconfiguaration of the adjacent McFadden
Square parking lot, enhanced signing, and striping.
Based upon past experience on similar projects, availability, and references,
Metropointe Engineers was selected by staff as the most qualified firm for this work. As
requested by staff, Metropointe Engineers has submitted a proposal to perform a scope
of services in conjunction with the design and construction of this improvement. The
scope of work includes: field survey; roadway realignment, intersection design, and
SUBJECT: 21" St. /Newport Blvd �ovements , Approval of Professional Services Agr nt with Metropointe Engineers
May 27, 2003
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parking lot reconfig ua ration conceptual analysis; drainage study; Geotechnical
investigation; utility investigation and coordination; preparation of construction plans,
specifications, and bid documents; and meetings with staff and the business
community.
The professional fee for the proposed work will not exceed $87,330 (A detailed
breakdown by work task is included as Exhibit A to the Agreement).
Funding Availability:
Funds for this project in the amount of $87,330 are currently available within the
Circulation & Transportation Account No. 7261- C5200472.
Environmental Review:
This activity is not a project as defined in the California Environmental Quality Act (CEQA)
Implementing Guidelines. However, an environmental review and appropriate
documentation will be required upon establishment of a viable project concept.
Submitted by:
.n G. Badum
Works Director
Attachment: Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
FOR PRELIMINARY AND FINAL DESIGN OF 21sT STREET AND NEWPORT
BOULEVARD INTERSECTION IMPROVEMENTS
THIS AGREEMENT, entered into this day of
2003, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and METROPOINTE ENGINEERS, whose address is 3151 Airway Avenue, Suite
J -1, Costa Mesa, California, 92626, (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 is planning to implement preliminary and final design for intersection
improvements at 21s` Street and Newport Boulevard ('Project').
C. City desires to engage Consultant to prepare the final design and
construction documents for improvements to the 21s` Street/Newport
Boulevard intersection using Alternative H as described in the Circulation
Study for Merge of Balboa Boulevard and Newport Boulevard Project
Report upon the terms and conditions contained in this Agreement.
D. The principal members of Consultant are for purpose of Project is Marie
Marston, P.E.
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E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions provided
in this 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 28th day of May, 2003, and
shall terminate on the 28th day of May, 2004, 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 scheduled billing rates 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. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of Eighty Seven Thousand
Three Hundred and Thirty Dollars ($87,330.00).
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
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billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice.
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. 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.
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4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
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 to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. If Consultant is performing inspection or construction
management services for the City, the assigned staff shall be equipped with a Nextel Plus
type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct
Connect I.D. Number will be provided to City to be programmed into City Nextel units, and
vice versa. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control.
4.3 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
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responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor"), construction means, methods, techniques, sequences or procedures, or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
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 and means of performing the work provided that Consultant is in compliance with
the 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
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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 Marie Marston, P.E. to be its 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
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and Consultant shall diligently perform the services to competion within the terms of this
agreement. Notwithstanding the foregoing, Consultant shall not be responsible for
delays, which are due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the services to be provided for Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
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in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition, which purportedly causes a delay, but not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances by
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant shall 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 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 and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee 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,
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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
sole 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
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.
Insurance policies with original certificates and endorsements indemnifying
Project for the following coverages shall be issued by companies admitted to do
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business in the State of California and assigned Best's A- VII or better rating:
A. Workers compensation insurance, including 'Wavier of Subrogation'
clause, covering all employees and principals of Consultant, per the laws of
the State of California.
B. Commercial general liability insurance original certificate and
endorsement (which includes additional insured and primary and non-
contributory wording), covering third party liability risks, including without
limitation, contractual liability, in a minimum amount of $1 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, including additional
insured (and primary and non - contributory wording for waste haulers only),
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 ($1,000,000.00).
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
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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, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing workers compensation, comprehensive general,
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right of subrogation, which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
insurance.
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
more of the voting power, or twenty-five percent (25 %) or more of the assets of the
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corporation, partnership or joint-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. All
improvement/construction plans shall be prepared with indelible waterproof ink or
electrostaticly plotted on standard 24 -inch by 36 -inch mylar with a minimum
thickness of 3 mils. (A copy of the City of Newport Beach Standard Design
Requirements is available from the Public Works Department).
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
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
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, fumish
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 City authorizes the release of information.
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17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
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
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
The Public Works Department will administer this Agreement. Stephen G. Badum
shall be considered the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant to
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this Agreement.
19. RECORDS
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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
with respect to such payment. Such withholding shall not be deemed to constitute a
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
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additional design, construction and /or a restoration expense shall be bome 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
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
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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
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Marie Marston, P.E.
MetroPointe Engineers
3151 Airway Avenue, Suite J -1
Costa Mesa, CA 92626
Phone: 714 - 438 -1095
Fax: 714 - 438 -1097
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 parry of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting parry may terminate the Agreement forthwith by giving to the defaulting
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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 laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
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
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
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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 include the professional stamp of the engineer
or architect in responsible charge of the work. 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 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 original drawings shall be submitted to the City in the version of AutoCAD used
by the City, in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCad file of
City Title Sheets. All written documents shall be transmitted to the City in the City's latest
adopted version of Microsoft Word and Excel.
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
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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:
City Attorney
ATTEST:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Mayor
METROPOINTE ENGINEERS
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?PR 3 0 2G93
April 23, 2003
Mr. Steve Badum
City of Newport Beach
3333 Newport Blvd.
Newport Beach, CA 92658
Subject: 21 n Street / Balboa Boulevard Intersection Improvements
Proposal for Preliminary and Final Design
Dear Mr. Badum:
This letter outlines our scope of work and fee estimate to prepare the final design and
construction documents for improvements to the 2151 Street / Balboa Boulevard intersection using
Alternative H as described in the Circulation Study for Merge of Balboa Boulevard and Newport
Boulevard Project Report as the basis.
The purpose of the City of Newport Beach's improvement at 215` Street and Balboa Boulevard is
to convert the present "out only" eastbound 2151 Street to a two -way street accessing the pier and
parking lot area. Specific components of the project include:
- conversion of 215' Street from the one -way configuration to a two -way configuration
- modifications to the curb return and parking lot area on southbound Balboa
Boulevard
- a new left turn pocket for northbound Balboa Boulevard at 21st Street
- modifications to the existing pier parking lot area
- signal modifications
Alternatives will be identified to accommodate the improvement. For purposes of this scope of
work, we have assumed that we will study two alternatives. The alternatives will attempt to
maintain the same number of parking spaces in the lot as currently exists. Alternatives may
evaluate the benefits of 215` Street realignment through the acquisition of adjacent right of way.
Following the development of alternatives, final engineering will be performed for the purposes of
preparing construction documents.
We anticipate the scope will include the following work tasks:
Task 1
Data Gathering / Ground Survey / Base Maps
Task 2
Alternatives Analysis
Task 3
Drainage Study
Task 4
Geotechnical Investigation and Report
Task 5
Utility Investigation and Coordination
Task 6
Plans
Task 7
Specifications
Task 8
Cost Estimate / Bid List
Task 9
Meetings / Coordination / Submittals
3151 Airway Avenue • Suite J -1 • Costa Mesa, CA 92626
Bus: (714) 438 -1095 • Fax: (714) 438 -1097
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Mr. Steve Badum
City of Newport Beach
Task 1 — Data Gathering / Ground Survey/ Base Maps
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April 23, 2003
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We will research and obtain from the City and County, record information including as- builts,
survey control records and mapping, right -of -way maps, traffic signal plans, lighting and power
poles, City related reports and studies if available, and other information as available and
necessary for the conceptual and final design.
We will perform a field survey consisting of the establishment of horizontal and vertical control,
and surface culture, along 21s' Street and Balboa Boulevard on both sides of the intersection,
from approximately starting at 22"° Street and finishing at 20th Street and including the McFadden
Square parking area. The surface features will include: top of curbs (median and edges),
flowlines, lip of gutters, back of walks, retaining walls, fences, manholes, valves, water meters,
fire hydrants, signal and lighting pull boxes, signs, driveways, catch basins, trees, power poles,
and other features which may be impacted by the street improvements, etc. Existing striping will
be located on Balboa Boulevard, north and south of 215t Street. The County of Orange datum for
both horizontal and vertical control will be the basis.
Upon completion of the survey, we will create a base map. Existing right -of -way lines will be
obtained from record maps. Utility information obtained in Task 5 will also be added to the base
map. We will also field walk the site to verify consistency with existing conditions.
Task 2 — Alternatives Analysis
An alternatives analysis will be prepared to evaluate various impacts, constraints, costs, and
geometric solutions to achieve the proposed improvements. The alternatives analysis is the
brainstorming task of the project. At this time, we will identify potential alternatives to evaluate.
We anticipate developing two alternatives. The alternatives will consider variations on the
roadway alignment, parking lot circulation concepts, and impacts to adjacent facilities. As part of
these alternatives, preliminary geometrics will be developed using the base map developed in
Task 1. The preliminary layouts will include the existing and proposed horizontal alignment
information (including proposed bearings and curve radii), transitions and tapers, shoulders,
sidewalks, structure limits, retaining wall locations and approximate heights, existing and
proposed right -of -way limits, and other pertinent information. The geometrics will be prepared to
the extent that sound quantity cost estimates can be prepared for reliable cost information at this
phase.
The following issues will be evaluated as part of the alternatives analysis:
• Geometric alignment, including lane widths, sidewalk widths and cross slopes
• Right -of -way impacts
• Impacts to existing mature trees and other landscaping
• Impacts to existing property owner facilities such as building structures, monument
signs, access gates, parking lots
• Impact to public parking
• Driveway slopes and joining pavement grades in private property
• ADA requirements
• Drainage impacts
• Constructability
• Construction cost
Each of the above will be considered as factors in evaluating the alternatives and developing a
preferred alignment to be forwarded through the subsequent final design phase. We will meet
with the City to evaluate the alternatives based on the goals for the project and the impacts each
alternative has. We anticipate the review of the alternatives will result in the selection of the
proposed alternative for final engineering development and preparation of construction
documents.
0 0
Mr. Steve Badum
City of Newport Beach
Task 3 — Drainage Study
April 23, 2003
Page 3
The drainage study will be based on the hydrology and flows using the Orange County Hydrology
Manual. We will review the existing drainage patterns, existing studies if available, estimate the
tributary area to the 21st Street Project Area, and examine the drainage impacts generated by the
project. The existing drainage facilities will be assumed adequate in their existing conditions. If
determined necessary later during the course of the work, existing facilities could be analyzed to
determine the adequacy of the drainage system's carrying capacity and determine if
improvements are necessary. We will prepare drainage calculations, maps, and a brief report to
assess potential impacts to the existing system necessary to acquire approval from the City.
Task 4 — Geotechnical Investigation and Report
Constant & Dickey, Inc. has joined our team for the geotechnical investigation and report
preparation. They will perform a field investigation which will consist of 3 to 4 borings advanced
by hand -auger to a depth of 4 to 8 feet. Allowance has been made for coring through existing
pavement at two locations. The pavement section will be measured and ring samples and bulk
samples of the subgrade will be recovered. These activities will require lane closure and full
traffic control for the two locations on the roadway. Allowance has been made for the use of a
flashing arrow board for work on Balboa Boulevard. We will perform the work during periods with
lower traffic volumes if necessary.
The following laboratory testing will be performed to establish engineering properties of the soils:
• Moisture Content and Unit Weight
• Percent Passing No. 200 Sieve
• Maximum Density
• Expansion Index
• R -Value
• Soluble Sulfate Content
• Corrosion Potential
The field and laboratory investigation results will be compiled and presented in a written report
addressing the following design issues:
• Existing Pavement Sections
• Subsurface Soil Conditions
• Groundwater
• Expansion Potential
• Preparation and Compaction of the Subgrade
• Pole Foundations
• Flexible Pavements
• Corrosivity
Task 5 — Utility Coordination
During this task, it will be necessary to make contact with the affected utility companies, inform
them of this project, and obtain copies of their as -built plans. We will obtain a list of local utility
companies and contact information from the City. From an initial field visit, it appears that water,
sewer, Edison electrical, cable television, and telephone are present in the project vicinity. All
underground and overhead utilities within the sphere of the project limits will be contacted to
verify location, type, and size of facility. Information collected will be added to the base maps.
We will preliminarily determine the conflicts or impacts the street improvements will have with the
existing utilities and summarize the information on the layout sheets.
0 0
Mr. Steve Badum April 23, 2003
City of Newport Beach Page 4
This task also includes continued coordination and related follow -up with the affected
underground and overhead utility companies regarding the specific impact locations throughout
the project as well as identifying their future needs.
We will further identify costs associated with utility modifications or relocation. Cost evaluation will
require a determination of prior rights. We will work with the City in determining prior rights. If the
utility company has prior rights, the modification cost will be borne within the project and included
in the cost estimates. If the City has prior rights, the modification cost will be borne by the utility
company. The City will be kept informed of contacts with the utility companies and, if desired,
will receive copies of collected utility information and correspondence. Our preliminary
engineering plans will be forwarded to the utility companies so they can verify their facilities and
impacts and use them for their modification /relocation design. We will also need to examine
whether temporary utility facilities are required and how this is involved in the construction
staging.
Task 6 — Plans
We have estimated the following sheet list:
1. Title Sheet
2. Typical Cross Sections / Details
3. Street Plan & Profile 1" =20'
4. Street Plan & Profile 1 " =20'
5. Parking Lot Layout and Grading 1 " =20'
6. Parking Lot Control and Striping 1 " =40'
7. Storm Drain Plan, Profile, Details 1 " =20'
8. Construction Details
9. Construction Staging 1 " =40'
10. Construction Staging 1" =40'
11. Signing and Striping Plan 1 " =40'
12. Signal Modification
13. Landscaping Modification
14. Irrigation Modification
We will prepare the plan sheets on City borders. The street and parking lot plans will show
existing and proposed curb, gutter, sidewalk, medians, driveways, etc. Curb profiles will be
designed and shown. The plans will include the relocation /reconstruction of existing drainage
facilities assuming the existing facilities are adequately sized. The plans do not include drainage
improvements required to bring up existing facilities to current standards if required. However,
this can be negotiated at a later date at the City's request.
The typical sections will indicate the width dimensions of the street and right -of -way and also the
horizontal and depth limits of pavement and other street improvements. Detailed cross sections
indicating grades and cross slopes will not be generated for this project.
The construction detail sheets will show reconstruction of handicap access ramps, cross gutters,
and drainage modifications. Additionally, any work not covered by the layout plans or typical
sections will be shown on the construction detail sheets.
The signing and striping plans will show the existing striping, limits of striping /markers removal,
new striping, pavement markings, and markers. Existing signs conflicting with the new curbs will
be relocated.
Construction staging plans will be prepared to layout the order of construction for the contractor,
to minimize the disruption to businesses, residents, and tourists.
0 0
Mr. Steve Badum
City of Newport Beach
April 23, 2003
Page 5
A signal modification plan will be prepared for the intersection of 215t Street and Balboa
Boulevard. This will indicate the relocation of poles due to the street modifications and changes
to the heads due to the conversion of a one -way street to a two -way street.
We will investigate existing landscaping and irrigation of the adjacent properties to determine
existing plants and facilities. An "as- built" of the existing irrigation will have to be assembled and
has been assumed for purposes of this proposal, unless actual as- builts can be located.
Replanting and irrigation plans will be prepared.
Task 7 — Specifications
We will prepare the "technical" specifications and the bid schedule. We will incorporate the City's
"boilerplate" contract documents and other required special or general provisions. The various
items of work and their specific payment clauses including payment method will also accompany
the technical specifications. Final specifications will be submitted as a hard copy document as
well as an electronic version.
Contract specifications will be prepared and submitted at the 90% plan submittal stage and revised
With the 100% and final submittal per City comments.
Task 8 — Cost Estimate / Bid List
A construction quantity and cost estimate will be prepared for each of the submittal beginning at
the 50% submittal. The estimate will show quantities and unit prices for each item along with
appropriate mobilization and contingency costs. Our unit prices will be based on a combination
of prices obtained from recent construction bids for similar projects, discussions with City staff,
and discussions with others in the construction industry. The items listed in the cost estimate will
be the basis for the preparation of the bid list. We will work with the City to ensure the bid
schedule is in accordance with City preference for the item list, method of measurement, etc.
Task 9 — Meetings / Coordination / Submittals
Upon the notice to proceed, we have assumed a kickoff meeting will be held with the City to
confirm the design intent and document preparation. Followup meetings will be held on an as-
needed basis. At this time we have assumed we will need one meeting to discuss the
alternatives analysis and determine the preferred project parameters, one meeting at the 50%
submittal, one at the 90 %, and one at the 100% levels of completion.
We will coordinate as required throughout the project with the City and project team to confirm a
complete set of documents and appropriate joins.
We anticipate three submittals — at the 50 %, 90% and 100% levels of completion. We expect the
City will review our documents and provide comments. We will respond and incorporate the
appropriate comments.
Exclusions to Scope of Work
• Right -of -way engineering, legal descriptions, appraisals, acquisition, and title reports
• Traffic handling plans
• Utility modification plans
• Hazardous waste investigation or testing
• Storm drain improvements to existing facilities to meet current standards
• Environmental documentation
0 0
Mr. Steve Badum
April 23, 2003
City of Newport Beach
Page 6
Fee Estimate
Task 1 — Data Collection / Ground Survey / Base Maps ......................... ..............................$
2,705
Kelsurveys (field survey) ............................... ............................... ..........................4,355
Task 2 — Alternatives Analysis ........................................ ............................... ..........................6,655
Task3 — Drainage Study ................................................. ............................... ..........................4,010
Task 4 — Geotechnical Investigation and Report ............ ............................... ..........................1,310
Constant & Dickey (geotechnical engineering ) ............................ ..........................3,630
Task 5 — Utility Investigation and Coordination ............... ............................... ..........................4,025
Task6 — Plans ................................................................ ............................... .........................31,285
Austin Foust Associates (traffic engineering) ............................. .........................11,000
Task7 — Specifications ................................................... ............................... ..........................5,800
Task 4 — Cost Estimate / Bid List .................................... ............................... ..........................2,670
Task 4 — Meetings / Coordination / Submittals ................ ............................... ..........................6,630
Reimbursables (estimated at 5 %) .................................... ............................... ..........................3,255
Total $87,330
We have attached our estimated task/labor hour list. Please call if you would like to discuss
and /or modify this proposal. We look forward to working with the City on this project.
Sincerely,
Q
Marie Marston, P.E.
Principal
Attachment: Task List / Labor Hours
• • C Xlni b it 'C3
CLIENT: City of Newport Beach
MetroPointe Engineers, Inc.
PROD: 21st Street
PROJECT RATE
JOB No:
LABOR
DATE: April 23, 2003
Class Position /Name A
B
C
D
E F
G H Hours
Total
A Pdnci al 8
8
$920
C Sr. Engineer
171
171
$16,245
E Jr. Engineer / CADD Designer
84
84
$6.300
G
0 0
$0
Totals 8
113
171
272
84 96
0 8 752
$65,090
Task
No. Function Description A
B
C
D
E F
G H Hours
Total
Task 1 - Data Gathering / Field Survey / Base Map
Research at City and County
8
8
$600
Field Walk
4
4
8
$760
Survey Coordination & Reduction
1
4
12
17
$1,345
Task 2 - Altematives Analysis
Identify Alternatives (2)
4
12
16
$1,560
Concept Layouts
4
24
16
44
$3,740
Order of Magnitude Cost Estimates
1
6
8
15
$1,355
Task 3 - Drainage Study
Review Existing Drainage
4
4
$380
Study Modifications
1
24
25
$2,385
Drainage Report
1
12
13
$1,245
Task 4 - Geotechnical Investigation and Report
Coord w/ Geotech
2
4
6
$550
Review Geotech Report
4
4
8
$760
Task 5 - Utility Investigation and Coordination
Utility Research
1
16
17
$1,305
Utility Coordination
2
12
14
$1,230
Add Utility & RNJ info to Base Map
8
8
$600
Utility Cost Determination
2
8
10
$890
Task 6 - Plans
Title Sheet
1
8
9
$705
Typical Cross Sections / Details
1
16
17
$1,305
Street Plan & Profile
4
24
28
$2,460
Street Plan & Profile
4
24
28
$2,460
Parking Lot layout & Grading
2
24
12
38
$3,030
Parking Lot Control and Striping
2
16
12
30
$2,350
Stone Drain Plan, Profile, Details
2
16
16
34
$2,930
Construction Details
1
12
12
25
$1,905
Construction Staging
1
12
8
21
$1,645
Construction Staging
1
12
B
21
$1,645
Signing and Striping Plan Coord
1
4
5
$445
Signal Modification Coord
1
4
5
$445
Landscaping Modification
2
24
8
34
$2,770
Irrigation Modification
2
24
8
34
$2,770
Responses to Comments/Resubmittals
8
8
24
12
52
$4,420
Task 7 - Specifications
Outline Specs - 50%
8
8
$760
Draft Specs - 90%
4
24
4 32
$2,900
Final Specs -100%
4
16
4 24
$2,140
Task B - Cost Estimates / Bid List
Quantity & Cost Estimates -50%
1
4
5
$445
Quantity & Cost Estimates -90%
2
8
10
$890
Quantity & Cost Estimates -100%
2
8
10
$890
Bid List
1
4
5
$445
Task 9 - Meetings, Coordination & Submittals
Meetings (5)
15
9
24
$2,430
Coordination
24
8
32
$3,280
QA/QC 8
—
8
$920
04/11/2003 15:27 7147952 AUSTIN FOUS�SSOC
® f ®A11STIMFOl/ST ASSO CIA ffSt /NC.
TRAFFIC ENaINEERINO AND TRANSPORTATION PLANNING
2020 NORTH TUSTIN AVENUE - SANTA ANA. CALIFORNIA 92705.7827
April 11, 2003
MctroPointe Engineers
3151 Airway Ave, Suite J -1
Costa Mesa, CA 92626
ATT.F7,MON: Marie Marston
PAGE 02
TELEPHONE (714) 667 -0496
FAX (714) 667 -7852
E -mail: mail®austlnioust.com
SUBJECT: PROPOSAL - BALBOA/MCFADDEN SQUARE ENTRANCE DESIGN
Dear Mr. Marstom
Austin -Foust Associates, Inc. (AFA) is pleased to join you in responding to the RFP from the City of
Newport Beach for re- design of the entrance and circulation to the McFadden Square parking lot from
Balboa. Boulevard.
This re- design will include identification and evaluation of the 21" Street entrance and circulation within
the parking lot to maximize parking. AFA originally prepared the Balboa/211` Street signal plan and
thereby has a thorough knowledge of the signalization. In addition, we have worked with, City Staff on
McFadden Square and the Mix- Mastcr in the past, and have developed an understanding of existing travel
patterns. Currently we are evaluating the proposed re- constriction of the William Bluerock property on
the east side of Newport Boulevard between 26 " Street and The Areadc /21" Street. All of this `local
knowledge" will assist in the re- design of access and circulation within McFadden Square.
Specifically, AFA proposes the following:
1. Assist identifying and evaluating access and circulation alternatives
for.McFadden Square (40 hrs @ $150 each) $6,000
2. Revise existing 21 "° Strect- Balboa signal plan (20- scale) $3,000
3. Attend meetings with City Staff (minimum of 2) $1.000
TOTAL Time and Materials Agreement - NTE S19 44
T will be the Project Manager as well as the person primarily involved in Tasks 1 and 3. My staff, Mr.
Jamie Anderson, P.E., who has recent experience in this area of Newport Beach, (i.e., Balboa Village),
will assist me with Task 2.
If you have any questions, please call.
Since, elv,
", Foust, P.£,
03Balhnn/McFnddeeSguare entrnnccDcsign.doc
Apr 22 03 04:36p ce Steele 71 030-5866 p.2
CDI Constant & Dickey, Inc.
G E O S C I E N C E
April 22, 2003
Proposal No. P03 -47
Ms. Marie Marston
MetroPointe Engineers
3151 Airway Avenue, Suite J -1
Costa Mesa, California 92626
Re: Scope Of Geotechnical Design Services
Proposed Intersection Improvements
Balboa Boulevard and 21' Street
Newport Beach, California
INTRODUCTION
The project involves roadway improvements and signal/signage relocations associated with
the improvements at the intersection of Balboa Boulevard and 21s' Street in Newport
Beach, California. It includes a small amount of roadway south from the intersection on
21 s' Street along Balboa Boulevard. The roadway at the corner of Balboa Boulevard to
southbound 21' Street will be widened to accommodate the right turn lane. This dictates
the relocation of the light -pole on the western corner. It is understood that minor
improvements are also proposed for the parking area.
FIELD AND LABORATORY EVALUATION
Three to four borings will be advanced by hand -auger to a depth of 4 to 8 feet. Allowances
have been made for coring through the existing pavement at two locations. The pavement
section will be measured and ring samples and bulk samples of the subgrade will be
recovered. These activities will require lane closure and full traffic control for the two
locations on the roadway. Allowance has been made for the use of a flashing arrow board
for work on Balboa Boulevard. Provisions have been made to complete this work on the
weekend or during other periods with lower traffic volumes, if necessary.
3921-A East La Palma Avenue, Anaheim, CA 92807 714- 630 -5855 Fax: 714- 630 -5866
Apr 22 03 04:36p 0 r Steele 0 -630 -5866 p.3
CDI
Proposal No. P03-47
Page 2
Thefollowing laboratory testing will be performed to establish engineering properties ofthe
soils.
• Moisture Content and Unit Weight
• Percent Passing No. 200 Sieve
• Maximum Density
• Expansion Index
• R -Value
• Soluble Sulfate Content
• Corrosion Potential
The field and laboratory will be compiled and presented in a written report which will also
address the following design issues:
Existing pavement sections
• Subsurface soil conditions
• Groundwater
Expansion potential
• Preparation and compaction of the subgrade
• Pole foundations
Flexible pavements
• Corrosivity
ESTIMATED COSTS
The not -to- exceed fee for the geotechnical design work is $3,300. This has been based
on the scope of work described above and the attached fee schedule.
WORK SCHEDULE
The reports can be issued within 4 weeks of the time of authorization to proceed and
receipt of all permits and /or rights of access.
ASSUMPTIONS AND QUALIFICATIONS
The following have been considered as a basis for the scope of work and associated fee
for the proposed Geotechnical design services:
• The proposed study will involve the physical properties of the earth materials found
at the site. There is no allowance for the sampling or testing of potential
contaminants. If evidence of contamination is'observed in the borings, MetroPointe
will be notified for further direction.
Rpr 22 03 04:36p co Steele 7130 -5666 p.4
CDI
Proposal No. P03-47
Page 3
Aodl 22. 2003
• Rights of access and /or permits for such purposes are to be provided at no cost by
the City.
• Although allowance has been made forclearance by USA, MetroPointe's assistance
will be necessary so that borings are located to avoid utilities and underground
installations.
• The borings will be backfilled with gravel. Surface patching of asphalt and concrete
surfaces will be made with cold mix and redi -mix, respectively.
• Design Traffic Indexes will be provided by others.
• No allowance has been made for post - report consultation or review of drawings or
specifications.
• Field services during construction would be performed under a separate contract
and are not included in the present scope.
CLOSURE
Your signature below will constitute a contract and provide authorization to proceed with
the work described herein. The terms on the reverse side of the signature page are an
integral part of the agreement and should be reviewed with appropriate attention. If you
wish to use your own agreement, this proposal should be attached as an exhibit.
This opportunity to be of service is sincerely appreciated. Please contactthe undersigned
if you have any questions or if further information is requested.
Respectfully submitted,
CONSTANT & DICKEY, INC.
B a . e'bnstant
President
CDS /BDC /Ijo (Short)
ACCEPTED AND APPROVED:
METROPOINTE ENGINEERS
Attachment: Fee Schedule By:
Distribution: Ms. Marie Marston, Title:
Addressee (2)
Date:
Tuesday, April 22, 2003 5:50 PM •
April 22, 2003
MetroPointe Engineering
3151 Airway Avenue
Suite J -1
Costa Mesa, CA 92626
Attn: Ms. Marie Marston
kelvin kitaoka 7147083318 p.01
Kelsurveys, Inc.
185, East Pautarino Ave. Ste,#c -204
Costa Mass, C& 82626
Phone; (714) 708 -3301 Fax: (714)70"318
Re: McFadden Square Parking lot and Roadways — Newport Beach, Ca.
Mane,
Per your request, please find our Survey Proposal for a TopographiclAs -Built Survey for the
above Site. Our cost breakdown is as follows:
Purvey Tasks:
Cost
1. Horizontal & Vertical Control
SB00M
Establishment/Verifioation
2. Topographic Survey
$3000.00
3. CADD edits and contouring
$360.00
Total
Notes:
$3960.00
1. All City, County and Governing Agency Fees are not included in the proposal total. This
shall be the sole responsibility of the Owner.
2. Deliverables shall be a CADD file with line work and symbols only. An ASCII points file
Consisting of all field shots will be attached as well,
3. The quotation above takes into consideration the High volume of traffic and the normal
pedestrian and vehicular congestion in this area.
Should you have any question(s), please do not hesitate to contact me.
Thank you for having Kelsurveys, Inc, assist you in your surveying needs.
For acceptance of the contents of this agreement, please acknowledge by signing below.
Kelvin idiaolka Ms. Marie Marston
President Prinicipal
Kelsurveys, Inc. MetroPointe Engineering, Inc.
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