Loading...
HomeMy WebLinkAbout06 - C-2886 BA-080 Arches Interchange Improvements9 Ll 0 June 28, 1999 CITY COUNCIL AGENDA ITEM NO. 6 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS, ORANGE COUNTY SANITATION DISTRICT REIMBURSEMENT AGREEMENT NO. 3 AND AMENDMENTS TO PROFESSIONAL SERVICE AGREEMENTS — CONTRACT NO. 2886 RECOMMENDATIONS: Approve Amendment No. 3 to Cooperation and Reimbursement Agreement with Orange County Sanitation Districts. 2. Approve Amendment No. 3 to Professional Services Agreement with MK Centennial for construction management. Approve Amendment No. 1 to Professional Services Agreement with Gail P. Pickart, P.E. for project management. 4. Approve Amendment No. 2 to Professional Services Agreement with Moffatt & Nichol Engineers for civil engineering support. 5. Approve a budget amendment appropriating $257,648 to the Contribution Fund Account No. 7251 - 05100199 and appropriating $964,292 from the Circulation and Transportation Fund to Account No. 7261- C5100199. DISCUSSION: As the final accounting for the "Arches" Interchange Improvements project nears completion, the staff has reviewed and analyzed the contractual obligations and budget allocations for the overall project. Various contracts need to be amended to provide funds to pay costs that are now more specifically identified. Contractual Agreement Amendments: Orange County Sanitation Districts (OCSD). A Cooperation and Reimbursement Agreement dated December 9, 1996, was entered into by the City and OCSD relative to sewer improvements to be constructed as part of the Arches project. The SUBJECT: Newport Boulevard /Coast Highway "Arches" Interchange Improvements, Orange County Sanitation District Reimbursement Agreement No. 3 and Amendments to Professional Service Agreements (C -2886) June 28. 1999 Page 2 City and OCSD have also approved Amendment Nos. 1 & 2 to the Agreement (both • dated June 8, 1998). A summary of costs to be reimbursed is as follows: OCSD Design Construction Construction Management Totals Initial Agreement $27,540.00 $370,000.00 (Included in Amendment No. 2 $397,540.00 Amendment No. 1 22,500.00 423,000.00 21,150.00 466,650.00 Amendment No. 2 46,794.00 702,866.00 53 643.00 803,303.00 Totals $96,834.00 $1,495,866.00 $74,793.00 $1667,493.00 Amendment No. 3 0 257,648.00 0 257 648.00 Totals $96,834.00 $1,753,514.00 $74,793.00 $1,925,141.00 The reimbursement amounts for design and construction management are unchanged; however, OCSD authorized several additional items of construction related to relocating their sewer force main in the southeasterly quadrant of the "Arches" interchange. Accordingly, the construction costs have increased by $257,648 from $1,495,866 to $1,753,514. Amendment No. 3 to the Cooperation and Reimbursement Agreement provides for OCSD to reimburse the City the additional $257,648 of construction costs, thereby increasing the total reimbursement by OCSD from $1,667,493 to $1,925,141. Staff recommends that Amendment No. 3 (copy attached) be approved by the City Council and that the Mayor and City Clerk be authorized to sign it on behalf of the City. 2. M.K. Centennial (MKC). A Professional Services Agreement with MKC was entered into on June 23, 1997, to provide construction management, surveying, and inspection services for the "Arches" project. The Agreement established a compensation amount of $928,014 and anticipated a project construction duration of 18 months, ending in February 1999. On May 11, 1998, the City Council approved Amendment No. 1 to MKC's Agreement authorizing an additional compensation amount of $119,708 to cover services related to the reinforced concrete box (RCB) storm drain crossing of Pacific Coast Highway, which was added to the construction contract with Brutoco Engineering and Construction, Inc. ( Brutoco). On September 28, 1998, the City Council approved Amendment No. 2 to MKC's Agreement, authorizing an additional compensation amount of $56,653.37 to cover the costs for surveying and construction staking that exceeded the scope of work contemplated by the initial Professional Services Agreement. The total compensation to MKC, currently authorized by the Agreement and its two Amendments, is $1,104,375.37. The addition of the RCB construction to Brutoco's contract, the extensive utility relocation work associated with the RCB construction and the addition of a number of other work items have caused the project completion date to change from February 1999 to June 1999. The cost for MKC to provide project management and inspection services for the additional 4 months has been determined to be $165,000. Staff recommends that Amendment No. 3 to MKC's Agreement (copy L.�.I SUBJECT: Newport Boulevard /Coast Highway "Arches" Interchange Improvements, Orange County Sanitation District Reimbursement Agreement No. 3 and Amendments to Professional Service Agreements (C -2886) June 28,1999 Page 3 attached), increasing their total compensation by $165,000 from $1,104,375.37 to $1,269,375.37, be approved by the City Council, and that the Mayor and the City Clerk be authorized to sign it on behalf of the City. MK Centennial Amount I Comment June 3, 1997 Contract $928,014.00 1 Original 18 Month Contract Amendment No. 1 119,708.00 Added Storm Drain Work Amendment No. 2 56 653.37 Added SurveVing Work Total $1,104,375.37 Prepare "As Built" Drawings 230 sheets Proposed Amendment No. 3 165,000.00 Added 4 Months to Contract Total $1,269,375.37 3. Gail P. Pickart, P.E. (Pickart). Project management services have been provided by Pickart on a continuing basis during project design and construction. A Professional Services Agreement dated November 1, 1998, provided for a compensation amount of $24,750 during the period of November 1, 1998, to March 31, 1999. Amendment No. 1 to the Agreement with Pickart will provide for an additional compensation amount of $17,150 to cover project management services during the period from April 1, 1999, through July 31, 1999, establishing $41,900 as the total compensation under the Agreement. Extending project management services for an additional 4 months provides for compilation of the project's final accounting, coordinating "as- built" changes to the project drawings, and finalizing reimbursements from other agencies. Staff recommends that Amendment No. 1 to Pickart's Agreement (copy attached) be approved by the City Council, and that the Mayor and the City Clerk be authorized to sign it on behalf of the City. Pickart Project Management Amount Comment November 11 1998 Agreement $24,750.00 For Work 1111198 to 3/31199 5 months Proposed Amendment No. 1 17 150.00 Add 4 months to complete project Total $41,900.00 4. Moffatt & Nichol Engineers (MNE). Because of the unknown scope of work, the Professional Services Agreement with MNE dated June 23, 1997, for support during construction did not include compensation for making the "as- built" changes to the project drawings. The "as built" changes are currently being compiled and the estimated cost to revise the project drawings to reflect the "as built" conditions is $45,000. Staff recommends that Amendment No. 2 to MNE's Agreement (copy attached) be approved by the City Council, and that the Mayor and the City Clerk be authorized to sign it on behalf of the City. Moffatt & Nichol Amount Comments Original Contract $57,825.00 Construction Support Services Amendment No. 1 105,872.50 Shop Drawings &Chan a Order Reviews Total $163,697.50 Proposed Amendment No. 2 $45,000.00 Prepare "As Built" Drawings 230 sheets Total $208,697.50 SUBJECT: Newport Boulevard/Coast Highway "Arches" Interchange Improvements, Orange County Sanitation District Reimbursement Agreement No. 3 and Amendments to Professional Service Agreements (C -2886) June 28, 1999 Page 4 5. Budget Amendment. The additional costs described above and added construction costs to be paid to Brutoco require a budget amendment. The budget amendment items are: a. Increase revenue to the Contribution Fund by $257,648 reflecting the additional reimbursement from OCSD and appropriate that same amount to Account No. 7251- C5100199. b. Appropriate $227,150 from the Circulation and Transportation Fund to Account No. 7261- C5100199 to cover additional compensation to MK Centennial ($165,000), Gail Pickart, P.E. ($17,150), and Moffatt & Nichol Engineers ($45,000). c. Appropriate $737,142 from the Circulation and Transportation Fund to Account No. 7261- C5100199 to cover Brutoco's added construction costs. The construction contract was awarded to Brutoco on June 23, 1997, for an amount of $11,933,916.50. The work under the contract has been increased such that the final payment is anticipated to total nearly $15,700,000. More than half the increase relates to the RCB storm drain construction and associated utility relocations. A tabulation of the funding sources for construction is as follows: BRUTOCO CONSTRUCTION CONTRACT FUNDING SOURCE AWARD AMOUNT FINAL AMOUNT Federal ISTEA 7282 $5,457,872.00 $5,457,872.00 OCTA Measure M 7284 1,499,380.37 1,499,380.37 CIOSA Loan 7432 3,804,334.75 3,784,334.75 Contributions 7251 1,519,081.00 3,535,334.00 1 Water Main Replacement 7501 0 323,254.78 Traffic Signal Upgrade 7181 01 65,855.00 Circulation &Trans ortation 7261 296,827.88 1,033,969.10 2 Totals $12,577,479-6.00 $15,700,000.00 (1) Hoag Hospital $440,000.00; OCSD $1,753,514.00; Caltrans $1,341,820.00. (2) $1,033,969.10 minus $296,827.88 = $737,141.22 Budget Amendment requested in 5.c. above. 0 0 SUBJECT: Newport Boulevard /Coast Hlghway "Arches" Interchange improvements, Orange County Sanitation District Reimbursement Agreement No. 3 and Amendments to Professional Service Agreements (C -2886) June 28, 1999 Page 5 A listing of the most significant items of work that have been added to the project resulting in the increased construction cost is as follows: ADDED WORK TO CONSTRUCTION CONTRACT WITH BRUTOCO RCB storm drain crossing PCH - CALTRANS $1,470,000.00 Water main relocation and replacement 323,300.00 OCSD sewer main relocation and replacement 710 200.00 Heavy Sandblasting of retaining walls 83,600.00 Slope paving under channel bridge, bike path reconstruction, and installation of underground drains adjacent to Balboa Coves boundary wall 47,000.00 Traffic signal modifications at Hospital Road for left-turn phases 65,800.00 Earthwork quantity overrun 108,600.00 Traffic control modifications for public convenience and Channel Bridge retrofitting 79,000.00 Offshe riparian mitigation in Lower Big Canyon for RCB along Old Newport Boulevard 49,000.00 Bypass pumps at Lido Pump Station 30,200.00 Removal of existing walls along Clubhouse Avenue to accommodate sound wall construction 64,500.00 Total $3,031,200.00 In summary, staff recommends approval of a budget amendment increasing revenue to the Contribution Fund by $257,648 and appropriating that amount to Account No. 7251 - 05100199 and appropriating $964,292 from the Circulation and Transportation Fund to Account No. 7261- C5100199. Resp ully S.��Iprr,�tted, PUBLIC lrWOORKK/SVLDEPARTMENT Don Webb, Director By: Lloyd Dalton, P.E. Staff Project Manager Attachments: Amendment No. 3 to OCSD Cooperation and Reimbursement Agreement Amendment No. 3 to MK Centennial Professional Services Agreement Amendment No. 1 to Pickart Professional Services Agreement Amendment No. 2 to Moffatt & Nichol Professional Services Agreement f: luserslpbwvsharedlcouncil1 fy98- 991june- 28karches - c- 2886.doc AMENDMENT NO. 3 TO COOPERATION AND REIMBURSEMENT AGREEMENT THIS AMENDMENT NO.3 TO COOPERATION AND REIMBURSEMENT AGREEMENT is made this day of 1999, by and between: AND ORANGE COUNTY SANITATION DISTRICT (hereinafter referred to as "District ") CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City") RECITALS: WHEREAS, District and City have entered into a COOPERATION AND REIMBURSEMENT AGREEMENT which was executed on the 18`h day of December, 1996, at Fountain Valley, California; and WHEREAS, District and City have also entered into Amendment Nos. 1 and 2 to COOPERATION AND REIMBURSEMENT AGREEMENT on June 24,1998; and June 8, 1998, respectively; and WHEREAS, District desires to make additional improvements to its force main system as a part of City's additional improvement plans; and WHEREAS; District and City desire to further amend their respective obligations and the scope of improvements covered by the COOPERATION AND REIMBURSEMENT AGREEMENT and Amendment Nos. 1 and 2 so as to accommodate the improvements to the force main system; and NOW, THEREFORE, BE IT RESOLVED between District and City as follows: Section 1.(b) Elements of Agreement shall be amended to include the following: (b) Additional District facilities shall be constructed in connection with Project to include (xi) replacement of sewer force main identified as Line F, (xii) blowoff manhole piping connection between Line F and gravity line along the south side of Pacific Coast Highway, and (xiii) other items as described in Contract Change Order Nos. 2, 24, 24S1, 2452, 2453, and 2454. i r] 0 0 Section 2 City's Specific Obligations shall be amended to include the following: City shall: (a) Contract for construction of the additional facilities set forth in Section 1(b) of this Amendment No. 3. Section 3 District's Specific Obligations shall be amended to include the following: District shall: (a) Provide inspection services with respect to the design and construction of the additional facilities set forth in Section 1(b) of this Amendment No. 3. (b) Reimburse City for the construction costs associated with the additional facilities set forth in Section 1(b) of this Amendment No. 3 as estimated below: Construction costs: $257,648.00 Section 5.(b) Timing of Reimbursement shall be amended to include the following: (b) District shall also pay a deposit to City in the amount of Two Hundred Fifty Seven Thousand Six Hundred Forty Eight Dollars ($257,648.00) or an amount equal to the sum of costs for construction, of Districts additional facilities, whichever is less. Such additional deposit shall be paid within thirty (30) days after District's receipt of City's invoice for the deposit amount. All other terms, provisions, and conditions set forth in the COOPERATION AND REIMBURSEMENT AGREEMENT dated December 18, 1996, and in Amendment Nos. 1 and 2 shall remain unchanged and shall continue to be in full force and effect. Executed this _ Valley, California. "DISTRICT" APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL :2 "CITY" ATTEST: City Clerk APROVED AS TO FORM: City Attorney day of , 1999, at Fountain ORANGE COUNTY SANITATION DISTRICT In Chairman, Board of Directors Secretary, Board of Directors CITY OF NEWPORT BEACH By: Dennis D. O'Neil, Mayor H:%wp.dWlengM)ISTRICTSTorms \COOPERATION REIMBURSEMENTAGREEMENT.dx f Ll 0 0 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 5511) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 3, made and entered into this 28th day of June, 1999, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and MK Centennial, whose address is 17300 Red Hill Avenue, Suite 150, Irvine, California 92614, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On June 23, 1997, a Professional Services Agreement for Construction Management Services related to the Newport Boulevard and Pacific Coast Highway (SR 55/1) "Arches" Interchange Improvements was entered into by and between CITY and CONSULTANT, (hereinafter referred to as "AGREEMENT "). B. Section 36 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into written amendments signed by both parties. C. CITY and CONSULTANT have heretofore amended AGREEMENT by executing AMENDMENT NOS. 1 and 2. D. CITY and CONSULTANT mutually desire to further amend AGREEMENT (hereinafter referred to as "AMENDMENT NO. 3 ") as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall provide construction management services for an extended period as set forth in Exhibit "A ", attached hereto and incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional surveying services shall not exceed $165,000.00. 3. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $165,000.00 from $1,104,375.37 to $1,269,375.37. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NOS. 1 and 2 shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 on the date first above written. CITY OF NEWPORT BEACH, A Municipal Corporation BY: APPROVED AS TO FORM: Mayor City Attorney CONSULTANT BY: MK Centennial ATTEST: City Clerk 0 f:\ groups \pubworks\agmt \MMKG3amend.doc 2 MK CENTENNIAL CENTENNIAL ENGINEERING, INC. 9 June 21, 1999 17300 REDHILL AVENUE SUITE 150 TEL: 949 - 756 -6006 IRVINE, CALIFORNIA 92614 FAX: 949 - 756 -6116 Mr. Lloyd Dalton City of Newport Beach 3300 Newport Boulevard. Newport Beach, CA 92658 -8915 MKC Job 1844.02 Subject: Proposed Amendment No. 3 - Construction Management Contract Newport Arches Interchange - Contract C -2886 Please find attached a revised amendment No. 3 proposal per the City's request. This proposal provides for CE &I, surveying, and material testing services between March 1 1999 and July 2, 1999. If you have any questions, please call Dave Wanderling or myself at (949) 756 -6006. Sincerely, is A U\,—� Robert J. Close, P.E. Vice President RJC /JDW: Attachments cc: Dave Wanderling Mike Harrington Exhibit A A MORRISON KNUDSEN COMPANY MK CENTENNIAL OENTENNIAL ENOINOBNINO. INO. Arches mfemhange P]lyed 'ARCHES INTERCHANGE IMPROVEMENT PROJECT 201 • 12 OLD NEWPORT BOULEVARD NEWPORT BEACH, CA 92667 TEL: 948 574 0328 FAX: 949 574 0721 Amendment No. 3 BILLING PERIOD WEEKS/ CYCLE NUMBER OF PERSONNEL BUDGET ACTUAL PERIOD ACTUAL MANHOURS PERIOD BUDGETED MANHOURS UMULATIV ACTUAL MANHOURS UMULATIV BUDGETED MANHOURS PERIOD INVOICE AMOUNT PERIOD BUDGETED AMOUNT CUMULATIVE -. INVOICE .,AMOUNT.' - CUMULATIVE :'460061_1- �� =_ -- ::- AMOUNT, 627197 4 0 D 35 20 35 2D $3.255.00 $1.860.00 .255.00 $1.860.00 72597 4 D D 46 D 81 20 34.094.013 .00 lilr.349.00 $1.880.013 82997 5 2 3 242 150 323 170 $19.563.00 712.600.013 $215.912110 $14 ,160.00 926/97 4 4 4 536 600 659 770 541. 495.00 1546.200313 568707.00 Efi13.660A13 1024197 4 4 4 578 1500 1437 1370 $44.898.00 546.2013.013 $113.305.00 $106.860.00 1128/97 5 4 4 707 750 2146 2120 .355.00 $57.75D.00 $1 6.660.OD $164.610.00 1226187 4 4 4 555 600 2698 2720 $42. 614.00 $46.20D.00 $209.274.OD $210.810.00 1(30/98 5 612 750 3311 3470 547.145.00 $57.750.130 $256.418.01) $288.560.00 7/27/98 0 618 600 3928 4070 $47.816.00 1546.2013.00 $304.237.00 $314.760.00 32798 4 631 600 4559 4670 566.270313 $46.200.00 $352,507.013 5380.980.00 511/98 5 731 750 5290 5420 $56.219313 $57.750.00 $408,726.01) $418.710.00 52%8 6 591 600 5881 6020 S45. 205.00 $46.20D.00 5453.931.00 $464.910.00 626198 4 7515 750 6637 6770 $57.323.00 $59.625.00 $511.254.00 $526.835.00 7131198 5 025 938 7462 7708 $61.396.513 576.531.25 $572.650.50 5588.066.25 6.2&88 4 12.5D 112.5D 709 750 8171 8458 55.248.00 $58.625.00 E627.896.5D $658.691.25 925198 4 584 750 8755 9208 $45.487.013 $59.1525.00 $673.385.50 $718.316.25 107JD98 5 746 938 9501 10145 $52.650.50 $74.531.75 157215.036.00 $792.847.50 1127/98 4 518 300 10019 10445 540.228.00 $25.200.00 5766.264.00 EB16.OQ.So 111199 5 632 375 10650 10820 $48.394.013 $31.600.00 $814.658.00 5849.547.50 129/99 4 563 30D 11213 11213 $45.321.00 $25.200.00 15059.979.00 11659.979110 22699 4 609 60D 11872 11813 1148.264.00 $52.776.75 15900.243.00 $912.755.75 42/99 5 572 583 12384 123715 15501131.00 $48.406.25 15958374.130 2,162,00 4(3099 4 456 375 12850 12751 1140.004.00 $33.000.00 15098.678.00 3995.162.00 528119 1 4 1 2.50 I 2.50 I 39b I 37 18244 I 13126 $35.389.00 $33. 1.1334.087.013 1.029.162.00 72/89 1 5 1 1.50 1 1.50 I 187 I 281 I 13431 I 13407 1516.910.00 $27.375.00 1.1350.877.013 1.055.537.00 DIRECTS I SUBS BUDGET SPENT %USED %TIME DIRECT EXPENSES $5.0110.00 ORIGINAL 928.014.01) AMEND NO7 452.475.00 176.361.37 Bridge 1 Roadway IMP. REVISED $2.525.00 $2.632.03 104% 95% PSOMAS(SURVEY) wdTCB $90.294.00 7190.082.00 PSOMAS ADDt(SURVEY) $56.653.37 $38.466.00 TTO $166.947.37 AMEND NO. 3 $20.787.00 REVISED 5169.528110 101% 100% $167,334.37 LAW/ NINYO (TESTING) $26.1100.00 LAW / NINYO RCB (TESTING $8.500.00 TTD $34.500.00 AMEND NO.3 $8.478.00 REVISED $40.113.35 91% SS% $47.979.00 TOTAL DIRECTS/ SUBS $186A47.77 AMEND NO.3 $27.981.00 REVISED $217.838.77 $212,277.78 9B% 95% VKIUIWlL l;t41 *MAr.UtQ.00 RCS CE81 587.548.00 CURRENT CE81 17.928.00 AMEND NO.3 5137.808.00 Nu 513199 TOTAL CE81 $1.055.637.00 =EB/MA WAPR - $611001MO Resident Engineer /PM %onmlete CONTRACT AUTHORIZATION Princ. Asst / Strad Rep ORIGINAL 928.014.01) Sr. Field Engineer AMEND.1 82 176.361.37 Bridge 1 Roadway IMP. CURRENT 1.104.375.37 rEB1MAWAPRv73500/MO AMEND.3 165.000.00 : omplete TOTAL 1,269,775 .37 TAD SPENT 51.255250.38 REMAINING $6.124.99 Revised AssumpOUns: (1) Welk threughs In early May. COMUMUon complete including punch-fig by May 30.1888. Issue PFE by May 30. 1999. Bndoca submit as4luills by May 30. (2) Resolve exceptions to PFE by June 15. As -buig review 8 resolve by June 15. MKC delivers completion report/ Almon June 30. (3) All major issues resolved with OCSO. Callrans. and other agencies by June 15. (4) Impaction provided through May 3D. Close -out In June. No budget available In Jury and beyond for consultation to Cgyfor closeoul related matters. (5) Subctnsullant charges remain at average levels as project vAnds down. No subs beyond May 1. No inspection Including landscaping beyond June 1. (6) Mthhnel structures Inspechorh beyond March 15. Based on these milestones being achieved. Resident Engineer /PM halftime 6730/99 Princ. Asst / Strad Rep full Bme 6/30199 Sr. Field Engineer futi 6" 311599 Bridge 1 Roadway IMP. full Ome 513099 82199 E AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT PROJECT MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 55/1) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 1 to AGREEMENT, made and entered into this 28"' day of June, 1999, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and Gail P. Pickart, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, California, 92663, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On November 1, 1998, a Professional Services Agreement for Project Management Services (hereinafter referred to as "AGREEMENT') related to Newport Boulevard and Pacific Coast Highway (SR 55/1) "Arches" Interchange Improvements (hereinafter referred to as "PROJECT ") was entered into by and between CITY and CONSULTANT. B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into a written amendment executed by both parties. C. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of the AGREEMENT is extended from April 1, 1999 to July 31, 1999. 2. CONSULTANT shall provide additional and continuing project management services as set forth in Exhibit "A", attached hereto and incorporated herein by reference. 3. Compensation to be paid to CONSULTANT for such additional and continuing scope of services shall be in accordance with a not -to- exceed budget of $17,150.00 as set forth in Exhibit "X. 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $17,150.00 from $24,750.00 to $41,900.00. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk f:luserslpbw�sha red\agreements199\pickartamend t.doc CITY OF NEWPORT BEACH, A Municipal Corporation -i"W Mayor CONSULTANT BY: Gail P. Pickart, P.E. 0 0 Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Bcach, California 92663 Phone: (949) 673 -6779 FAX: (949) 673 -6899 EXIIIBIT "A" Consultant proposes to provide additional and continuing project management services for the Newport Boulevard and Pacific Coast Highway (SR55 /1) "Arches" Interchange Improvements project during dic period of April through July 1999 relative to the following items: 1. Coordinate "as- built" changes to project design drawings and handle distribution of "as- built' drawings to City, Caltrans, and OCSD. 2. Complete administration of construction and consultant contracts for 0.30 acres of wetlands replacement (mitigation) in Lower Big Canyon. 3. Continue handling of Cooperation and Reimbu scmcnt Agreements with OCSD for sewer improvements cons(ructed as part of "Arches" project and as part of Lido Sewage Pump Station Replacement project. 4. Identify quantities and costs for "Arches" contract work along Newport Boulevard at Short Street that has to be deferred until old Lido Pump Station is demolished. 5. Perform such other miscellaneous tasks as may be requested from time -to -time to support and augment the work of City staff. The total fee budget for the project management services described in Items I - 5 above is $17,150. AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT CIVIL ENGINEERING SUPPORT DURING CONSTRUCTION NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR5511) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 2, made and entered into this 28"' day of June, 1999, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and Moffatt & Nichol Engineers, whose address is 3720 S. Susan Street, Suite 200; Santa Ana, CA 92704 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On June 23, 1997, a Professional Services Agreement for Civil Engineering Support During Construction (hereinafter referred to as "AGREEMENT") related to constructing Newport Boulevard and Pacific Coast Highway (SR 55/1) "Arches" Interchange Improvements was entered into by and between CITY and CONSULTANT. B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into written amendments signed by both parties C. On September 14, 1998, AMENDMENT NO. 1 to AGREEMENT was entered into by and between City and Consultant (hereinafter referred to as AMENDMENT NO. 1). D. CITY and CONSULTANT mutually desire to increase the scope of civil engineering support services heretofore provided by AGREEMENT and AMENDMENT NO. 1. 11 NOW, THEREFORE, the parties hereto agree as follows: • 1. CONSULTANT shall provide additional civil engineering support services during construction as set forth in CONSULTANT's proposal letter dated June 22, 1999, which is attached hereto as Exhibit 'A° and incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional civil engineering support services shall not exceed $45,000.00. 0 .I 3. Consultant's not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $45,000.00 from $163,697.50 to $208,697.50. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NO. 1 shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk F:1USMr PBW1 SharecRAgmamantsWgVAortal- amn02.Ex CITY OF NEWPORT BEACH, A Municipal Corporation BY: Mayor CONSULTANT BY: Moffatt & Nichol Engineers L June 22, 1999 City of Newport Beach Public Works Department P.O. Box 1768 3300 Newport Boulevard Newport Beach, California 92659 -1768 Attention: Lloyd Dalton, P.E. Subject. Newport Boulevard and Pacific Coast Highway (SR- 55/SR -1) "Arches" Interchange RE: Design Support Services During Construction Amendment No. 2 Dear Mr. Dalton, Per the City's request, this letter documents Moffatt & Nichol Engineers proposal and estimated budget for design support services to prepare as -built record drawings for the "Arches" Interchange project. We will update the contract plans based on the contractor's red -line mark -ups and following review by the Construction Management Resident Engineer. Record drawings in imperial units will be prepared for the project's sanitary sewer construction as required by Orange County Sanitation District. The proposed budget is based on as may as 169 sheets to be updated with an average of two hours per sheet to incorporate the red -line mark -ups. Some drawings will be electronically updated and replotted. Others will be updated using conventional tnanual drafting techniques. Moffatt & Nichol Engineers will deliver one set of full size reproducible vellum drawings to the City. Electronic files of available plans will be provided to the City as technically feasible between the City's CAD system and that used for the project. Delivery of the updated plans will be approximately three months following receipt of the red -line mark- ups from the resident engineer. 0 416 North Vineyard Avenue, Suite 200, Ontario, California 91764 (909) 937 -0125 FAX(909)937-0199 0 0 City of Newport Beach Lloyd Dalton, P.E. June 22, 1999 Page 2 1A„ We request that our not to exceed budget be increased by $45,000.000 for this work. The new revised not to exceed total for design support services including Amendment No. 1 and this Amendment No. 2 would be $208,697.50. If you have any questions, or require additional information please call me. Sincerely, MOFFATT & NICHOL ENGINEERS Michael Kraman, P.E. Project Manager cc: G. Pickart, CNB lilt 79L021wcMemN wft04.dod City of Newport Beach BUDGET AMENDMENT 1998 -99 'ECT ON BUDGETARY FUND BALANCE: �k Increase Revenue Estimates X I Increase Budget Appropriations AND X ❑ Transfer Budget Appropriations from existing budget appropriations X from additional estimated revenues IX from unappropriated fund balance EXPLANATION: NO. BA- 080 AMOUNT: $1,221,940.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To use funds from Orange County Sanitation District contributions and the Circulation and Transportation fund to pay for increased construction costs related to the sewer force main, to cover additional compensation due to the extended contract time and to cover additional construction costs listed in the council report. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description Circ & Transp Fund 260 3605 Fund Balance Control $964,292.00 REVENUE APPROPRIATIONS (3601) Fund /Division Account Description 250 4858 Refunds/Rebates- from other Govts $257,648.00 EXPENDITURE APPROPRIATIONS (3603) Description Division 7251 Contributions Account C5100199 PCH /Newport Blvd Improvements $257,648.00 Division 7261 Transportation and Circulation Account C5100199 PCH /Newport Blvd Improvements $964,292.00 Division Account Division Account Division Account • Auramadc System Errtry. Signed: pro�v Finance cto D to QnciV � � i Signed: J Administrative i6val: City Manager Datel " : -ned: City Council Approval: City Clerk Date r� LJ