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HomeMy WebLinkAboutC-2825(A-1)PROFESSIONAL SERVICES AGREEMENT GEOTECHNICAL AND MATERIALS TESTING SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 2 THIS AGREEMENT, entered into this 36;L day of June, 1997, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and AGRA EARTH & ENVIRONMENTAL, INC. whose address is 1290 N. Hancock Street, Anaheim, CA 92817 (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 the City. B. City is planning to implement Segment 2 of the MacArthur Boulevard Widening project which is identified as Contract No. 2825 (F) and is hereinafter referred to as "Project." C. City desires to engage Consultant to provide geotechnical and materials testing a:A observation during construction operations for Project upon the terms and conditions contained in this Agreement. -1- 0 0 D. The principal member of Consultant for the purpose of this Project is Dugald R. Campbell, RCE, GE. 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 10th day of June 1997, and shall terminate on the 31st day of December, 1998, 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 the City Engineer. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed -2- the total contract price of Fifty thousand six hundred sixty -one dollars and no cents ($50,661.00). 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 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 subject to the approval of the City Engineer. 3.3 Consultant shall not receive any compensation for -xtra work without prior written authorization of the City Engineer. 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 -3- advance in writing and incurred by Consultant in the performance of this Agreement. 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 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 -4- 0 0 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 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 the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Dugald R. Campbell to be its Project Manager. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City -5- 0 0 Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the 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 the services shall be performed by Consultant in accordance with the schedule prepared by the construction contractor and upon request by the Construction Manager. 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 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, 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 acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, 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 -7- 0 described herein. 0 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 the City Risk Manager. A. Workers' 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 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 19 writing to City. Consultant shall give to 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 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 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be M 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 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. 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, 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. -10- 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 necessary to accommodate the agreed upon scope of work. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The City Engineer 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 this Agreement. 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 -11- i � • 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 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. -12- 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The 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 A. 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 -13- 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 (714) 644 -3311 Fax 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Dugald R. Campbell AGRA Earth & Environmental, Inc. 1290 North Hancock Street P.O. Box 19079 Anaheim, CA 92817 (714)779 -2591 Fax 779 -8377 26. TERMINATION In the event either party 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, -14- 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 the 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 -15- 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 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. CADD 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 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. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters -16- 0 0 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: R bin Clauson Assistant City Attorney City of Newport Beach ATTEST: By: Brm.c, /n, Aj" LaVonne Harkless City Clerk F Acat\da\ag\profserv.doc 05 -22 -97 -17- CITY OF NEWPORT BEACH A Municipal Corporation r CONSULTANT AGRA Earth & Environmental, Inc. By: � D 94 0, C-a C C- ,JrorrolG N/ 0 ENCLOSURES 0 ! • EXHIBIT "A" • ,AGRA Earth & Environmental May 22, 1997 Proposal No. A97 -157 The City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 Attention: Mr. Gail Pickart Re: Geotechnical Field Services Proposal MacArthur Boulevard Widening Phase II Newport Beach, California AGRA Earth & Environmental, Inc. 7290 North Hancock Street P.O. Box 19079 Anaheim. CA 92817 Tel (714)779 -2591 Fax {7141 779 -8377 AGRA Earth & Environmental Inc. (AEE) is pleased to present the following proposal to provide geotechnical field services for the subject project. We have discussed the project scope with Mr. Albert Bensfield of Deist. Bensfield Inc. 1.0 SCOPE OF WORK The geotechnical services covered by this proposal include observation of site and natural ground preparation, compacted fill placement and associated testing during rough grading. Field density- moisture tests and laboratory maximum density - optimum moisture tests will be performed as necessary. Having had the opportunity to perform sufficient field observations and tests, we will render a professional opinion on the compliance of work with applicable portions of the project grading plans and specifications in a written report that summarizes the results of our services. Additional geotechnical services for subsequent construction operations, such as footing excavations, wall and utility trench backfills, concrete placement, base and pavement subgrades, base and asphalt testing are also included within the scope of this proposal. The presence of our field representatives will be for the purpose of providing observation and field testing. Our work does not include supervision or direction of actual work of the contractor, his employee or agents. The contractor for this project should be so advised. The contractor should also be informed that neither the presence of our field representatives nor the observation and testing by our firm shall excuse him in any way for defects discovered in Engineering & Environmental Services ® Recycled Pape, The City of Newport Beach Proposal No, A97 -157 Attention: Mr. Gail Pickart May 22, 1997 Geotechnical Field Services Proposal, MacArthur Boulevard Widening Page 2 his work. It is understood that our firm will not be responsible for job or site safety on this project. Job and site safety will be the sole responsibility of the contractor. 2.0 FEES Charges for our field, laboratory and office services will be based on the attached Table I. Proposal for Geotechnical Inspection and Testing Services. It is our understanding that these services will be coordinated with Deist - Bensfield Inc. the project resident inspectors. 3.0 INSURANCE COVERAGE AEE, as part of its normal practice, carries comprehensive general liability insurance which provides coverage for premises- operations, XCU hazards, products - completed operations, contractual broad form property damage, independent contractor and personal injury, with a combined single limit of $1,000,000. AEE also carries a comprehensive form of automobile liability insurance which provides coverage for owned, hired and non -owned vehicles, with a combined single limit of $1,000,000. California workers' compensation coverage is in accord with statutory requirements and includes employer's liability insurance with a limit of $1,000,000. In addition, AEE carries professional liability (errors and omissions) insurance with a limit in the amount of $1,000,000. AEE will provide the additional insured, waiver of subrogation and cancellation endorsements required. 4.0 CLOSURE If you will approve this proposal by your signature below, it will constitute our contract for professional services. If you desire to use your own agreement, this proposal should be incorporated as part of the agreement and should be attached as an Exhibit. Respectfully submitted, AGRAA Earth & Environmental, Inc. A 4 � Dugald R. Campbell Vice President DRCldmc (None) Encl.: Appendix A - Related Experience Table I - Special Fee Schedule c: Mr. Gail Pickart, Addressee (2) PROPS\A97- 157 \5 -21 -97 ® Recyclea Pape, ACCEPTED AND APPROVED: CITY OF NEWPORT BEACH Tit] Date: OAGRA Earth & Environmental 0 Related Experience AGRA Earth & Environmental, Inc. (AEE) is well qualified to provide inspection and testing services for the MacArthur Boulevard widening project. Offering over 40 years of experience throughout Southern California, AEE has provided geotechnical services for Caltrans- reviewed projects since 1954. AEE is familiar with Caltrans standards and specifications, and won the Caltrans Excellence in Transportation Faces award for major structures in 1991 for its work on the John Wayne Airport access roads and ramps. Additionally, AEE's Anaheim office includes a soils laboratory which is certified by both Caltrans and the City of Los Angeles. Recent Caltrans- related contracts include the San Joaquin Hills Transportation Corridor. AEE was the geotechnical lead for the design -build team constructing the project to Caltrans standards. Work on this project included extensive field and laboratory testing, along with asphalt /concrete recommendations for structures throughout the corridor. for the past 15 years, AEE has been providing similar geotechnical site inspection and material testing services to the City of Industry. During this period, the AEE has been recognized for its field expertise and its excellent response record. It has not been unusual for field crews to work long hours and /or Saturdays in order to meet project deadlines. And AEE field supervisors have provided both time and cost alternatives, which have frequently allowed projects for the City of Industry to be completed under budget and/or before the anticipated deadline. For more information regarding AEE's performance in working with the City of Industry, feel free to contact Mr. Dale Masi at C &C Engineering (phone: 818- 333 - 0336). AEE offers a variety of material testing services and a filly equipped soils laboratory, capable of providing a wide range of geotechnical tests. Soil testing services include: Relative Compaction Field Density and Moisture Direct Shear Maximum Density Mechanical Analysis Sand Equivalent Expansion Index Compressive Strengths R- Value Durability Index Los Angeles Abrasion Sieve Analysis Asphalt Emulsion Moisture Vapor Susceptibility Asphalt Content One of the reasons for AEE's success is its field expertise and excellent response record. Field supervisors are adept at responding to changing work conditions, anticipating practical alternatives to possible problems, and responding to site challenges with intelligent, experience -based solutions. Construction related materials testing and inspection services include: Non - Destructive Materials Testing Non - Ferrous Materials Design Trench Backfill and Compaction Concrete Testing and Inspection Grouting for Collapsible Soils Proposal No. A97 -157- May 21, 1997 A -1 4SAGRA ®new ,ea rove. Earth & Environmental EXHIBIT "Pro PROPOSAL FOR CNB GEOTECHNICAL INSPECTION TESIING SERVICCES (MACARTHUR BLVD PHASE AWRANCE 30 AGRA General Liability Limits $1,950.00 $1,000,000 Automobile Liability Limits Ea $1,000,000 Professional Liability Limits R -Value (GA 301) $1,000,000 Can Provide Additionally Named Insured 1 $100.00 Yes CNB included J DBI included 4 RBF included 4 Additional cost for coverage $0 � jet • GHAORIG EFTD 1 Soik Techni Technician 2 Proctor Scarification ASTM A1557 3 ' Field Density 3 Moisture ASTM 2922 3 4 Proctor (Grading Plod) (ASTM A1557) 5 ' Field Demity 6 Moisture ASTM 2922 4 6 R -Value CA 301 TUTS - ROAOWAV 8 RETAINING WALLS 7 8 p 10 Proctor A. Base ASTM C1557 3 i 11 ' Field Dens' 3 Moisture (ASTM 2922) 6 12 %Crushed Panicles CA 205 13 Sieve Analysis CA 202 14 Durability Index (CA 229) 15 R -Value CA 301 16 Sand Equivalent ASTM 217 17 ' Moisture CA 226) Aco_werTCONCRETE A ale 'or to mixing) 18 lA Rattler CA 211) 19 Ric Gravity coarse CA 206) 20 b Gravity (fine) (CA206) 21 CKE CA 303 22 Stabilometer (CA 366 23 Swell (CA 305) 24 Moisture Vapor Susce ibil' CA 30 25 % Crushed Particles CA 205 26 Seve Analysis (CA 202) 27 Sand uivabnt ASTM 217 28 Film Slri CA 302 Air- Refined As haft 29 Estimated Cost to Review As haft Mix Des Com re Uxlura 30 Shell CA 305) 31 Moisture Vapor Susceptibility CA 30 32 Slabilometer CA 304 33 Sieve Analysis (CA 202) 34 Asphalt Content CA 310 8 362 35 Moisture CA 310 8 370 36 - Maximum Density CA375 37 ' In -Race Density (CA 375) technician Ea. a- no.l...1VOMI Proctor Su rada ASTM A1557 30 Ea 1 $65.00 $1,950.00 ' Fab Oa 8 Moisture ASTM 2922 6 ASTM 3017 N/A Ea an in field lachnzi0 $0.0 R -Value (GA 301) 30 1 Ea. 1 $100.00 $3,DDD.DD 38 ]9 40 11 42 EA Ea. $ete .00 1 $81.00 $81.00 $1.260.00 Page 1 of 2 PROPOSAL FOR CNS GEOTECHNICAL INSPECTION TESTING SERVICES (MACARTHUR BLVD PHASE 0 TESTS - UTILITY INSTALLATN Storm Drain Seaer Water I 49 44 4s aier Lire TmwA") 46 Proctor ASTM A155 - Bac1 47 • Feld Dana' S Moistva AS 49 Sand Equivalem (ASTM 217) (I 49 Proctor ASTM C1557 - A . 50 'Feld Dens' 8 Moisture ASl 51 'In Race Dens' (CA 375) Ai 52 Collection and vent nation o Proctor ASTM A7557 - (Bacldill) 12 SL $65.00 5760.00 ' Fold De 8 Moisture ASTM 2922 6 ASTM 301Z L- Bacldill N/A Ea technician in field 50.00 Sand Equivalent ASTM 217 6 Ea 1 826.00 5206.00 59 Colledion and Iran nation of Aggregate Sass sam es 6 Hm. 840.5 54 Collection and trans nation of Asphalt 6 Hm. 840.5 55 Collection and vans nation of Concrete sam s 40 Hm. 840.5 58 Estimated Additional Fees for Pnrci E inner 8 Hm. 8125.( 57 Estimated Additional Fees for Pmied Geo ist 60 Hm. 890.0 56 Estimated Add. Fees for Re ns and Admin. Services 8% LS. 59 Sam Fabrication LS. TOTALPROPOSEDFEE • TEST PERFORMED IN FIELD BY TECHNICIAN - CHARGED FOR TECHNICIAN HOURY RATE ONLY NOTE: 3 (THREE) HOUR MNIMJM CHARGE FOR TECHNICIAN 56.00 1 550,681.00 Page 2 of 2 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT GEOTECHNICAL AND MATERIALS TESTING SERVICES MACARTHUR BOULEVARD WIDENING — SEGMENT 2 THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, made and entered into this 14th day of December, 1998, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and AGRA Earth and Environmental, Inc., whose address is 1290 North Hancock Street, Anaheim, CA 92817 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On June 9, 1997, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT" to provide professional geotechnical engineering and materials testing and observation in support of construction activities for Segment 2 of the MacArthur Boulevard Widening project. B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be provided by CONSULTANT is expanded to include increased earthwork observation and testing, and additional plant inspection and laboratory testing of asphalt concrete pavement as set forth in CONSULTANT'S revised proposal letter dated September 15, 1998, which is identified as Exhibit "A® and is attached hereto and incorporated herein by reference. 2. The term of this AGREEMENT, which commenced on June 10, 1997, is hereby extended from the 31st day of December 1998 to the 31s` day of March 1999. 0 0 0 3. Compensation to be paid to CONSULTANT for such additional scope of services shall be in accordance with a not -to- exceed budget of $33,000 as set forth in CONSULTANT'S revised proposal letter dated September 15, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 4. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $33,000 from $50,661 to $83,661. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same 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. APP VED AS TO FORM: City Attorney f:\ users \obw\shared\agmt \99\agra.doc CITY OF NEWPORT BEACH, a municipal corporation By: /��. 0- _i. Neil, Mayor . • CONSULTANT: AGRA Earth & Environmental, Inc. BY: — Sajjad R. Hussain Construction Services Manager �.b�M./ O • � ..e Ta`q' to • MIBIT 'W' • AGRA Earth & Environmental AGRA Earth & ENOONtININt, GL08M s01110m5 Environmental, Inc. 1290 North Hancock Street P.O. Box 19079 Anaheim, CA 92817 Tel (714) 779 -2591 September 11, 1998 Fax (714) 779 -8377 (Revised Septmeber 15, 1998) Job No, 7- 212 - 201600 City of Newport Beach do Deist - Binsfield, Inc. 30100 Town Center Drive, Suite 225 Laguna Niguel, California 92677 Attention: Mr. Gail Pickart Re: Field Services Increase MacArthur Boulevard Widening Segment 2 Newport Beach, California The project work is being increased because of the general work load and field observations required during the grading operations. Anticipated tasks and approximate hours and fees are as follows: Tasks Fees Earthwork San Joaquin Hills Road and MacArthur Interchange Subgrade Base rock Curb and Gutter Sidewalk Street Lights Stamped Concrete Laboratory Testing Subtotal $8,500.00 Pavement (A.C.) Plant Inspection Compaction Testing Laboratory Testing (10 samples) Subtotal $21,000.00 Soundwalls $1,000.00 Reporting $2,500.00 TOTAL $33,000.00 ® Aecy.W Paper • City of New Beach • • Job No. 7- 212 - 201600 Attention: Mr. Gail Pickart September 11, 1998 (Revised September 15, 1998) Field Services Increase, MacArthur Boulevard, Widening Segment 2, Newport Beach, California Page 2 Based on the above and what is left remaining on the contract, an increase of $33,000.00 above the original contract of $50, 681.00 should cover the anticipated work to complete the project. If you have any questions, please call the undersigned. Respectfully submitted, AGRA Earth & Environmental, Inc. Sahad R. Hussain Construction Services Manager SRH /II Encl.: None c: Mr. Gail Pickart, Addressee (2) 02%7- 2016e.JOM9.15-98 AGRA Earth & Environmental ® Recycled Paper iz Cot of Newport Beach* NO. BA- 028 BUDGET AMENDMENT 1998 -99 AMOUNT: seso,7oo.00 EFFECT ON BUDGETARY FUND BALANCE: F-1 Increase Revenue Estimates Increase in Budgetary Fund Balance X j Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance x_11 Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate S535,700 from the Circulation and Transportation Fund and $125,000 from the CIOSA Fund to proceed with pertinent agreements associated with the completion of the MacArthur Blvd. Widening Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Circulation and Transportation 3605 CIOSA 3605 REVEPIUE APP,ROPPIATIONS (3601) FundlDivisicn Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Fund Balance Control Description Signed: ` ✓�'��I,. Signed: Signed: City Council Approval: City Clerk Amount Debit Credit 5535.700.00 $125,000.00 /I hDl 'vtir� 5535,700.00 $125,000.00 Automatic Date 1,�4- iY Date Description Division Number 7261 Transportation & Circulation Account Number C5100066 MacArthur Widening Improvement Division Number 7432 Account Number C5100066 Division Number Account Number Division Number Account Number Division Number Account Number Signed: ` ✓�'��I,. Signed: Signed: City Council Approval: City Clerk Amount Debit Credit 5535.700.00 $125,000.00 /I hDl 'vtir� 5535,700.00 $125,000.00 Automatic Date 1,�4- iY Date APPROV' !11 TO: Mayor and Members of the City Council FROM: Public Works Department February 22, 2000 CITY COUNCIL AGENDA ITEM NO. 11 SUBJECT: MACARTHUR BOULEVARD WIDENING PROJECT RECONCILIATION, SEGMENT I AND II, CONTRACT NO. 2825 RECOMMENDATIONS: 1. Approve a budget amendment to transfer $22,423.08 from the CIOSA Loan Expenditures Fund Account No. 7432- C5100066 to the Measure M Competitive Fund Account No. 7284- C5100066. 2. Approve a budget amendment to transfer $157,700.53 from the Transportation & Circulation Fund Account No. 7261- C5100066 to the Measure M Competitive Fund Account No. 7284- C5100066. DISCUSSION: In September 1997, the MacArthur Boulevard Widening Segment I improvements, constructed under Contract No. 2825 were accepted. Similarly, at the June 28, 1999, Council meeting, the MacArthur Boulevard Widening Segment II improvements were accepted. Final project reports were submitted and a meeting was held between Orange County Transportation Authority (OCTA) and Newport Beach Public Works staff on November 23, 1999, to discuss final reimbursements. As a result of this meeting, OCTA agreed to a final payment of $430,400.65 to the City from Measure M funds for Segment I improvements. This final payment was $180,123.61 less than the expected amount of $610,524.24 due to ineligible construction costs. The construction items that were determined to be ineligible by OCTA are as follows: • When the construction funding for Segment I (Coast Highway to San Joaquin Hills Road) was approved, soundwall improvements were not eligible for Measure M funding. At a later date, the funding criteria changed and soundwall improvements were approved for reimbursement, but only for Segment II (San Joaquin Hills Road to Ford Road). • The costs for new landscaping in raised medians were deemed ineligible although replacement of existing landscaping along parkways and slopes was approved for funding. e q i APPROV' !11 TO: Mayor and Members of the City Council FROM: Public Works Department February 22, 2000 CITY COUNCIL AGENDA ITEM NO. 11 SUBJECT: MACARTHUR BOULEVARD WIDENING PROJECT RECONCILIATION, SEGMENT I AND II, CONTRACT NO. 2825 RECOMMENDATIONS: 1. Approve a budget amendment to transfer $22,423.08 from the CIOSA Loan Expenditures Fund Account No. 7432- C5100066 to the Measure M Competitive Fund Account No. 7284- C5100066. 2. Approve a budget amendment to transfer $157,700.53 from the Transportation & Circulation Fund Account No. 7261- C5100066 to the Measure M Competitive Fund Account No. 7284- C5100066. DISCUSSION: In September 1997, the MacArthur Boulevard Widening Segment I improvements, constructed under Contract No. 2825 were accepted. Similarly, at the June 28, 1999, Council meeting, the MacArthur Boulevard Widening Segment II improvements were accepted. Final project reports were submitted and a meeting was held between Orange County Transportation Authority (OCTA) and Newport Beach Public Works staff on November 23, 1999, to discuss final reimbursements. As a result of this meeting, OCTA agreed to a final payment of $430,400.65 to the City from Measure M funds for Segment I improvements. This final payment was $180,123.61 less than the expected amount of $610,524.24 due to ineligible construction costs. The construction items that were determined to be ineligible by OCTA are as follows: • When the construction funding for Segment I (Coast Highway to San Joaquin Hills Road) was approved, soundwall improvements were not eligible for Measure M funding. At a later date, the funding criteria changed and soundwall improvements were approved for reimbursement, but only for Segment II (San Joaquin Hills Road to Ford Road). • The costs for new landscaping in raised medians were deemed ineligible although replacement of existing landscaping along parkways and slopes was approved for funding. 0 0 SUBJECT: MACARTHUR BLVD WIDENING PROJECT RECONCILIATION, SEGMENT I AND Il, CONTRACT NO. 2825 February 22, 2000 Page 2 Among the eligible items in the original project submittal was a pedestrian /bicycle overcrossing at Crown Drive. The estimated cost for the overcrossing was $300,000.00, of which 50 percent ($150,000.00) was eligible for Measure M funding. This item was subsequently deleted from the project by Council action in January 1994. Since the overcrossing was deleted, OCTA deducted $150,000.00 from the total approved project allocation. There are adequate funds available in the Transportation & Circulation Fund and the CIOSA Loan Expenditure Fund to accommodate a transfer to the Measure M Competitive Fund. A summary of the Budget Amendment which staff is recommending for approval is as follows: Fund Name Account Number Amount Transportation & Circulation 7261- C5100066 ($157,700.53) CIOSA Loan Expenditures 7432- C5100066 ($22,423.08) Measure M Competitive 7284- C5100066 $180,123.61 Respectfully submitted PUBLIC WORKS DEPARTMENT Don Webb, Director Lois D. Thompson Administrative Coordinator F: \Users \PBW\Shared\ COUNCIL \Fy99 -00 \February-22 \MacArthur C -2825 Reconciliation.doc Co of Newport Beach* NO. BA- 039 BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations AND PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from reserved fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer $22,423.08 from CIOSA Loan Expenditures and $157,700.53 from Transportation & Circulation to the Measure M Competitive Fund. There have been no prior budget amendments. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: Approval: Finance Signed: /- 7v"~/G.. Administrative A Signed: City Manager City Council Approval: City Clerk AMOUNT: $180,123.81 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance Amount Debit Credit $22,423.08 $157,700.53 $180,123.61 Automadc System Entry. Date bd ate Date Description Division Number 7432 CIOSA Loan Expenditures Account Number C5100066 MacArthur Widening Division Number 7261 Transportation & Circulation Account Number C5100066 MacArthur Widening Division Number 7284 Measure M Competitive Account Number C5100066 MacArthur Widening Division Number Account Number Signed: Approval: Finance Signed: /- 7v"~/G.. Administrative A Signed: City Manager City Council Approval: City Clerk AMOUNT: $180,123.81 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance Amount Debit Credit $22,423.08 $157,700.53 $180,123.61 Automadc System Entry. Date bd ate Date C* of Newport Beade BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: NO. BA- 039 AMOUNT: $180,123.61 Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: I CI TYOV •;_;.; <. from existing budget appropriations _ from additional estimated revenues FEB 2 2 ' from reserved fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer $22,423.08 from CIOSA Loan Expenditures and $157,700.53 from Transportation & Circulation to the Measure M Competitive Fund. There have been no prior budget amendments. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number 7432 Account Number C5100066 Division Number 7261 Account Number C5100066 Division Number 7284 Account Number C5100066 Amount Debit Credit Descri Description Description CIOSA Loan Expenditures MacArthur Widening $22,423.08 Transportation & Circulation MacArthur Widening $157,700.53 Measure M Competitive MacArthur Widening $180,123.61 Division Number Account Number ' Automadc System Entry. Signed: Approval: Finance Signed: /7Vj#- N/. . Administrative A Signed: I City Manager City Council Approval: City Clerk Date ate a o0 Date December 14, 1998 CITY COUNCIL AGENDA AP_nv �J ^,_,...... ITEM NO. 11 �'n FD TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: APPROVAL OF BUDGET AMENDMENT PERTAINING TO MACARTHUR BOULEVARD WIDENING PROJECT — SEGMENT 2 CONTRACT NO. 2825 RECOMMENDATIONS: 1. Approve Amendment No. 1 to the Professional Services Agreement with AGRA Earth and Environmental authorizing $33,000 for additional materials testing services; and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve Amendment No. 1 to the Professional Services Agreement with Deist - Binsfield, Inc. authorizing $47,700 for additional construction management services; and authorize the Mayor and City Clerk to execute the Amendment. 3. Approve a budget amendment appropriating $535,700 from the Circulation and Transportation Fund to Account No. 7261- C5100066 and $125,000 from the CIOSA Fund to Account No. 7432- C5100066. DISCUSSION: Background The MacArthur Boulevard Widening project extends from Pacific Coast Highway to Ford Road /Bonita Canyon Road and is being constructed in two segments. Segment 1 covers Pacific Coast Highway to San Joaquin Hills Road. Segment 2 covers San Joaquin Hills Road to Ford Road /Bonita Canyon Road. Segment 1 construction was completed in September 1997. Segment 2 construction began in October 1997 and completion is anticipated in March 1999. When the City Council awarded the Segment 2 construction contract to Griffith Company on June 9, 1997, five professional services agreements were also approved to support the construction work. One agreement is with AGRA Earth and Environmental, Inc. for geotechnical field services and materials testing in an amount of $50,661. Another agreement is with Deist - Binsfield, Inc. for construction management services in an amount of $348,235. The respective agreements established budget amounts for services to be provided based on certain conditions, some of which have changed due to circumstances outside their control. Their budget authorizations need to be increased in order for them to continue providing services necessary to complete the project. An analysis of the. project's overall budget indicates that additional funds need to be appropriated in order to complete the roadway improvements as well as pay for other related project obligations outside the construction contract. Approval of the recommended budget amendment will provide the necessary additional funding. Amendments to Professional Services Agreements The agreement with Deist- Binsfield, Inc. (DBI) for construction management services was based on 250 working days, which is equivalent to twelve months. Because of anticipated non- working days due to rain, DBI's budget for construction covered a period of approximately SUBJECT: APPROVAL OBUDGET AMENDMENT PERTAINING TO M, RTHUR BOULEVARD WIDENING PROJECT - SEGMENT 2 CONTRACT NO. 2825 December 14, 1998 Page 2 fourteen months starting in August 1997 and ending in October 1998. Obtaining rights -of -entry delayed the unrestricted start of construction until October 1997, and the heavy winter rains resulted in approximately two months of non - working days which is at least double the normally anticipated amount. As a consequence, DBI will be providing construction management services until March 1999 spanning a period of approximately 18 months as compared to the 14 months anticipated in their budget. In a proposal letter dated October 2, 1998, DBI proposes to provide their services for the extended construction period for an additional compensation amount of $47,676.18. Staff recommends approval of Amendment No. 1 to DBI's Consultant Agreement authorizing an additional $47,700 of compensation to cover their extended period of services and increasing their total contract amount from $348,235 to $395,935. The agreement with AGRA Earth and Environmental, Inc. (AGRA) covered field observation and testing in conjunction with grading as well as materials testing both on -site and off -site. AGRA's budget was based on assumptions similar to those used by DBI. Delay in starting the project resulted in much of the grading work being done during last year's heavy rainfall season which meant that the observation and testing by the geotechnical technician could not be performed as efficiently as anticipated. Expressed another way, it took more trips and more hours to test the same volume of earthwork. In addition, it has been necessary to provide more "source" inspection for asphalt concrete and rock materials than was anticipated in the initial budget. Local agencies previously relied on source inspection by Caltrans and the County of Orange; however, those services have been reduced and local agencies must now provide such source inspection and testing at their own expense. In a revised proposal letter dated September 15, 1998, AGRA estimates that an additional $33,000 is needed to cover their services to complete both the Segment 2 roadway and sound wall improvements. Staff recommends approval of Amendment No. 1 to AGRA's Professional Services Agreement authorizing an additional $33,000 of compensation to cover their extended services and increasing their total contract amount from $50,661 to $83,661. Budget Amendment The following list of items forms the basis for the recommended budget amendment totaling $660,700. Asterisks identify those items for which the costs shown are estimates. ITEM NO. ITEM DESCRIPTION 1. Cooperative Agreement with Big Canyon Country Club for Right - of -Entry and Storm Drainage Improvements (Balance of $275,000 agreed upon contribution). 2. Cooperative Agreement with Big Canyon Community Association, Big Canyon Country Club, and The Irvine Company to share 25% of the cost of sound walls at two locations along the Westerly side of MacArthur. 3. Amendment No. 1 to Consultant Agreement with Deist - Binsfield, Inc. 4. Amendment No. 1 to Professional Services Agreement with AGRA Earth and Environmental, Inc. 5. Grading for earthern berm along Freeway Reservation North property. COST $ 35,000 50,000 47,700 33,000 125,000 SUBJECT: APPROVAL OF •DGET AMENDMENT PERTAINING TO MAC,OHUR BOULEVARD WIDENING PROJECT — SEGMENT 2 CONTRACT NO. 2825 December 14. 1998 Page 3 6. Griffith Company for estimated quantity overruns paid at contract 195,000 unit prices. 7. Griffith Company for resolution of potential construction claims. 175,000 TOTAL $660,700 A brief explanation of each of the listed items is as follows 1. The Cooperative Agreement with Big Canyon Country Club was approved by the City Council on November 10, 1997. Of the $275,000 agreed upon contribution, $240,000 was funded from the construction contract contingency and from elimination or reduction of contract items. The $35,000 unfunded balance represented possible costs incurred by the City in the event that the Country Club's storm drainage improvements were delayed. Since no costs were incurred, the full $275,000 contribution is to be paid. 2. The Cooperative Agreement for sharing in the cost of two sound walls along the westerly side of MacArthur was approved by the City Council on May 26, 1998. The Agreement provided for a contribution of 25% of the cost of the sound walls up to a maximum of $50,000. No funding allocation was included at the time the City Council approved the Agreement; therefore, funding arrangements are recommended at this time. 3. Additional authorization to the Agreement with Deist- Binsfield, Inc. as previously explained in this staff report. 4. Additional authorization to the Agreement with AGRA as previously explained in this staff report. 5. Grading on the Freeway Reservation North property along the easterly side of MacArthur Boulevard was previously expected to be accomplished with the 35 unit residential development included in the Circulation Improvement and Open Space Agreement (CIOSA) with The Irvine Company. As part of the Bonita Village Annexation Agreement, the proposed 35 units were eliminated and the property will be dedicated for park and open space uses. It now appears that lack of available funding will delay park improvements for an unknown period of time, which means that the adjacent residential area will not receive the screening and sound attenuation benefits that grading of this land area was expected to provide. In cooperation with The Irvine Company and EPT Landscape Architects, a plan has been developed that can be used to grade an earthern berm along the easterly side of MacArthur Boulevard extending from Bonita Canyon Road southerly approximately 1700 lineal feet. The proposed berm grading will be compatible with the overall park configuration and playing field areas will be excavated to generate the fill dirt needed to construct the berm. Staff recommends that the berm grading be done by the Griffith Company as part of the MacArthur Boulevard Widening project and requests City Council authorization to negotiate a change order in an estimated amount of up to $125,000. 6. The bid quantities for aggregate base and asphalt concrete included in the project specifications and the contract with the Griffith Company were underestimated and are substantially less than the actual quantities needed to complete the work shown on the plans. The bid quantity of asphalt concrete is approximately 60% of the estimated final pay quantity. Similarly, the bid quantity of aggregate base is approximately 80% of the SUBJECT: APPROVAL OdUDGET AMENDMENT PERTAINING TO MAO, RTHUR BOULEVARD WIDENING PROJECT — SEGMENT 2 CONTRACT NO. 2825 December 14, 1998 Page 4 estimated final pay quantity. The final quantities are consistent with the plans and the City will pay the same amount as if the bid quantities had been more accurately estimated. The additional quantities for these two construction items at the contract unit prices results in more than $300,000 of costs which depletes and exceeds the contract reserves for extra work amount of $516,700. Appropriation of an additional $195,000 is recommended to cover these quantity overruns. 7. Griffith Company has identified two potential claims under the contract. One is regarding disposal of rocks encountered during grading operations. The other is relative to a substantial reduction of the remedial earthwork quantity as compared to the estimated quantity bid and the contractor is questioning the applicability of the contract unit price that staff used for their reduction. Staff believes that resolution of these two potential claims will cost approximately $175,000. Staff recommends that the additional project costs described above be appropriated as follows FROM TO AMOUNT Circulation and Transportation Fund 7261- C5100066 $535,700 CIOSA Fund 7432- C5100066 125,000 TOTAL $660,700 Bids for Segment 2 sound wall construction are currently being solicited and a contract award recommendation is anticipated at the January 11, 1999, City Council meeting. A budget amendment corresponding to the low bid will be processed as part of the contract award. The Engineer's estimate for Segment 2 sound walls is $165,000. Respectfully s02L � PUBLIC WORKS DEPARTMENT Don Webb, Director By: /j.s Gail Pickart Project Management Consultant Attachments: Amendment No. 1 with DBI Amendment No. 1 with AGRA Budget Amendment M f:\ users \pbw\ shared\ wuncil \"8- 99\dec- 14 \macarthur.doc E AMENDMENT NO. 1 CONSULTANT AGREEMENT Construction Management Services MacArthur Boulevard Widening Project - Segment 2 THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this 14th day of December, 1998, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Deist - Binsfield, Inc., a California corporation, whose address is 30100 Town Center Drive, Suite 225, Laguna Niguel, CA 92677 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On June 9, 1997, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT" B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be provided by CONSULTANT is being performed over a more extended period of time than was contemplated in AGREEMENT as set forth in CONSULTANT'S letter dated October 2, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 2. The term of this AGREEMENT, which commenced on June 10, 1997, is extended from December 31, 1998 to April 30, 1999. 3. Compensation to be paid to CONSULTANT for such scope of services over the extended period of time shall be in accordance with a not -to- exceed budget of $47,700 as set forth in CONSULTANT'S letter dated October 2, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 0 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $47,700 from $348,235 to $395,935. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same 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 By: Dennis D. O'Neil, Mayor CONSULTANT: Deist - Beinsfield, Inc. ' L-ITA Gregory L. Deist, President BY: Albert M. Binsfield, Vice President f: \users\pbw\shared\agmt \99\deist t.doc d • EXHIBIT "A" • DBI 30100 Town Center Dr. #225 Laguna Niguel, GN 92677 (714) 495 -0178 FAX (714) 495 -0124 October 2, 1998 Mr. Gail Pickart Project Management Consultant 3345 Newport Blvd., Suite 215 Newport Beach, CA 92663 RE: CONSTRUCTION MANAGEMENT SERVICES MacARTHUR BOULEVARD WIDENING - SEGMENT 2 Dear Mr. Pickart This is a request for a contract amendment authorizing additional funds to complete contract administration and inspection services for the referenced project. The original estimate for Construction Management services was based on a contract duration of 250 working days. Due to time extensions and weather conditions the project has been extended beyond the original 250 working days. The project start date was November 24, 1997, with an original completion date of October 13, 1998. The project has been extended by sixty -five working days (eleven working days granted through change orders and fifty -four working days due to inclement weather) giving a revised contract completion date of January 20, 1999. However, we are anticipating an actual completion date some time in February. DBI would have been within the original budget amount if the contract was completed within its original 250 working days. At this time we believe we will exhaust the budget amount in December, 1998. When estimating costs prior to the project beginning, the estimates are based on the contract duration given in the specifications. Although there is always a possibility that time extensions will occur, these are not taken into account when preparing proposals because it is impossible to determine how many days will be granted or the effect weather will have on the construction schedule. Contract administration and inspection efforts are necessary, however, throughout the total duration of the project to ensure the City's interests are protected and project documentation is complete and accurate. During the 1997/98 winter season, El Nino created considerably more rain delays than anticipated. Although the contractor is not working, during days of inclement weather DBI provides an inspector to monitor the site and ensure that the contractor has done everything within his power to provide safe access through the project site for the traveling public. In addition the inspector will monitor changing conditions which may require adjustments in the safety procedures put in place by the contractor for the protection of the traveling public. Implementation of erosion control measures was another aspect of the project that needed to be monitored during rainfall periods. DEIST- BINSPIELD. INC. - PUBLIC WORKS CONTRACT ADMINISTRATION AND INSPECTION SERVICES 0 • Mr. Gail Pickart October 2. 1998 Page Two For this project we are anticipating that administration and inspection services will be needed through March 12, 1999. Below is our estimated costs for the period 9/7/98 through 3/12/99. Original Authorization: $348,235.00 Amount Invoiced Through 9/6/98: 274286.18 Amount Remaining: $73,948.82 Estimated Costs to Complete Project (9/7/98 through 3/12/99, 129 working days): Resident Engineer: 675 hours @ $81.00 = $54,675.00 Inspection: 838 hours @ $65.00 = 54,470.00 Reimbursable Costs (Office Utilities) = 2.100.00 S ubtotal $111,245.00 Estimated Costs for Project Rap -up (e.g., Final Report, As- Builts, etc.) Resident Engineer: 80 hours @ $81.00 = $6,480.00 Inspector: 60 hours @ $65.00 = 3.900.00 Subtotal 10.380.00 Total Estimated Expenses to Complete Project $121,625.00 Minus Remaining Authorization - 73.948.82 Estimated Additional Authorization: $ 4 7 , 676.18 Your consideration for additional funds to complete this project is appreciated. Please call me if you have any questions or if additional information is require. Very Truly Yours, DEIST - B INS FIELD, INC. G go eist, PE ide M DEIST - BINSFIELD, INC. - PUBLIC WORKS CONTRACT ADMINISTRATION AND INSPECTION SERVICES 0 0 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT GEOTECHNICAL AND MATERIALS TESTING SERVICES MACARTHUR BOULEVARD WIDENING — SEGMENT 2 THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, made and entered into this 14th day of December, 1998, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and AGRA Earth and Environmental, Inc., whose address is 1290 North Hancock Street, Anaheim, CA 92817 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On June 9, 1997, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT" to provide professional geotechnical engineering and materials testing and observation in support of construction activities for Segment 2 of the MacArthur Boulevard Widening project. B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be provided by CONSULTANT is expanded to include increased earthwork observation and testing, and additional plant inspection and laboratory testing of asphalt concrete pavement as set forth in CONSULTANT'S revised proposal letter dated September 15, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 2. The term of this AGREEMENT, which commenced on June 10, 1997, is hereby extended from the 315` day of December 1998 to the 3151 day of March 1999. 0 3. Compensation to be paid to CONSULTANT for such additional scope of services shall be in accordance with a not -to- exceed budget of $33,000 as set forth in CONSULTANT'S revised proposal letter dated September 15, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 4. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $33,000 from $50,661 to $83,661. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same 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 0 APPROVED AS TO FORM: City Attorney Dennis D. O'Neil, Mayor CONSULTANT: AGRA Earth & Environmental, Inc. fIM ATTEST: City Clerk t: \users\pbw\shared\agmt \99\agra. doc Sajjad R. Hussain Construction Services Manager AG RA Earth & .'l�.iNl 1 111!1.. •.Ilili \1 '�ttl ii:il �fl'� • M1BIT 'W' • Environmental September 11, 1998 (Revised Septmeber 15, 1998) Job No. 7- 212 - 201600 City of Newport Beach c/o Deist- Binsfield, Inc. 30100 Town Center Drive, Suite 225 Laguna Niguel, California 92677 Attention: Mr. Gail Pickart Re: Field Services Increase MacArthur Boulevard Widening Segment 2 Newport Beach, California AGRA Earth & Environmental, Inc. 1290 North Hancock Street P.O. Box 19079 Anaheim, CA 92817 Tel (714) 779 -2591 Fax (714) 779 -8377 The project work is being increased because of the general work load and field observations required during the grading operations. Anticipated tasks and approximate hours and fees are as follows: Tasks Fees Earthwork San Joaquin Hills Road and MacArthur Interchange Subgrade Base rock Curb and Gutter Sidewalk Street Lights Stamped Concrete Laboratory Testing Subtotal $8,500.00 Pavement (A.C.) Plant Inspection Compaction Testing Laboratory Testing (10 samples) Subtotal $21,000.00 Soundwalls $1,000.00 Reporting 2 5� . 00.00 TOTAL $33,000.00 ® Recycled Pa"' City of Newport Beach • • Job No. 7- 212- 201600 Attention: Mr. Gail Pickart September 11, 1998 (Revised September 15, 1998) Field Services Increase, MacArthur Boulevard, Widening Segment 2, Newport Beach, California Page 2 Based on the above and what is left remaining on the contract, an increase of $33,000.00 above the original contract of $50, 681.00 should cover the anticipated work to complete the project. If you have any questions, please call the undersigned. Respectfully submitted, AGRA Earth & Environmental, Inc. Sajjad R. Hussain Construction Services Manager SRHAl Encl.: None c: Mr. Gail Pickart, Addressee (2) 027.20168.JO9109 -1598 AGRA Earth & Environmental ® Re YCled Paper nunx, r nx., mono, wn.uun. C* of Newport Beacl) q NO. BA- 028 BUDGET AMENDMENT 1998 -99 AMOUNT: Ssso,70o.00 F " —ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X� Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance i� Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate 5535,700 from the Circulation and Transportation Fund and $125,000 from the CIOSA Fund to I proceed with pertinent agreements associated with the completion of the MacArthur Blvd. Widening Project. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Eund Account Description Circulation and Transportation 3605 Fund Balance Control 5535,700.00 CIOSA 3605 Fund Balance Control S125,000.00 I REVENUE APPROPRIATIONS (360 1) Fund /Division Accou t Description EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Description 7261 Transportation & Circulation C5100066 MacArthur Widening Improvement 7432 C5100066 Automatic Signed: Li•A'� �(!A Et g Financial pry finance Dire Signed: (/� Administrative Approval: City Manager d: City Council Approval: City Clerk $535,700.00 S125.000.00 '7P Date Date 0 !L , C. ^ I '�'�({',���y j (\I l 7, E , • June 9, 1997 CITY COUNCIL AGENDA ITEM NO. 17 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: MACARTHUR BOULEVARD WIDENING -SEGMENT 2 CONTRACT NO. 2825 RECOMMENDATIONS: J 1. Award Contract No. 2825(F) to the low bidder, Griffith Company, for the total corrected bid amount of $5,167,037.50; and authorize the Mayor and the City Clerk to execute the contract. 2. Establish an amount of $516,700.00 for unforeseen work and changed conditions. 3. Approve a professional services agreement with the following listed consultants and authorize the Mayor and City Clerk to sign the agreements. a. Deist- Binsfield, Inc. for Construction Management and Inspection in an amount of $348,235.00. b. AGRA Earth and Environment, Inc. for Geotechnical Field Services and Materials Testing in an amount of $50,661.00. C. LSA Associates, Inc. for Archaeological and Paleontological Resources Monitoring in an amount of $33,000.00. 'd. Robert Bein, William Frost & Associates for Civil Engineering and Surveying Support and Quality Assurance in an amount of $24,900.00. e. Gail P. Pickart, P.E. for Project Management Services in an amount of $55,400.00. 4. Approve Amendment No. 4 to an Agreement for Professional Engineering Services with Robert Bein, William Frost and Associates in an amount of $85,166.00 for Segment 2 design changes. 5. Authorize the following Budget Amendments: a) Increase revenues to the Contributions Fund in the amount of $150,000.00 and appropriate this same SUBJECT: MACARTHUR BOULEVARD WIDENING - SEGMENT 2 • CONTRACT NO. 2825 June 9, 1997 Page 2 amount to Account No. 7253- C5100066; and b) Appropriate $1,000,000.00 from the CIOSA fund reserves to Account No. 7431- C5100066. DISCUSSION: At 2:00 p.m.. on May 21, 1997, the City Clerk opened and read the following bids for this project: RANKING BIDDER AMOUNT Low Griffith Company $5,167,037.50 2 Sully - Miller Contracting Company $5,329,810.00 3 Sequel Contractors $5,332,673.00 * Corrected from $5,142,037.50 The Engineer's Estimate was $5,607,000.00 The low bidder, Griffith Company, is a well qualified contractor who has successfully completed similar projects for the City of Newport Beach and for other cities and counties in Southern California. Griffith Company is currently the construction contractor for Segment 1 of the MacArthur Boulevard Widening project [Contract No. 2825(C)] and is performing the work satisfactorily. The Segment 1 Widening is scheduled for completion in late July 1997; therefore, an assumed start date of July 1, 1997, will allow Griffith Company to continue their construction operations. The Segment 2 MacArthur Boulevard project will complete the widening from 4 lanes to 6 lanes with a raised landscaped median between San Joaquin Hills Road and Ford Road /Bonita Canyon Road. The San Joaquin Hills Road intersection was completed with Segment 1. The Ford Road /Bonita Canyon intersection was completed by TCA last year. Also included in the Segment 2 project is the construction of curb, gutter and sidewalks, grading and some landscaping of the linear open space. Storm drainage and street lights are also part of the project. Due to alignment changes and the degraded condition, all of the existing pavement must be removed and replaced. The anticipated construction period for Segment 2 of the MacArthur Boulevard Widening project is approximately one year. The assumed start date of July 1, 1997, is after the California Transportation Commission June 5, 1997, adoption of the Resolution of Relinquishment and after the Resolution is recorded on or about June 20, 1997, which is the action effecting the relinquishment of State Route 73 (MacArthur Boulevard) from Caltrans to the City of Newport Beach. SUBJECT: MACARTHUR AEVARD WIDENING - SEGMENT 2 • CONTRACT NO. 2825 June 9, 1997 Page 3 Staff recommends award of Contract No. 2825 (F) to Griffith Company in the amount of $5,167,037.50. Staff further recommends authorization to establish an amount of $516,700.00 to cover possible changes in estimated quantities and unforeseen conditions. Construction Related Professional Services Agreements Staff proposes to administer and support the construction of Segment 2 improvements with a team of consultants similar to the manner in which Segment 1 construction is being handled. Deist - Binsfield, Inc. (DBI) is the construction manager for Segment 1 and is recommended to perform the same function for Segment 2. DBI was selected as the most qualified firm for this role through a Qualification Based Selection process conducted earlier this year to identify construction managers for three projects: Birch Street Bridge Widening Overcrossing SR73, the "Arches" Interchange Improvements, and MacArthur Boulevard Widening Segment 2. Eight firms were interviewed by a panel of four people (three City representatives and one Caltrans representative). The panel ranked the three most qualified firms for each project and a more detailed scope of work with corresponding compensation amounts was then negotiated with each of the three top ranked firms. DBI's Professional Services Agreement covers a period of approximately one year for two people essentially full -time and one person three - quarters time. Utility costs for a construction trailer as well as the costs for office equipment and sanitation facilities are also included in their scope of work, The geotechnical observation and testing for the Segment 2 grading work, the trench compaction testing, and the necessary testing of materials such as rock products is proposed to be handled by AGRA Earth & Environmental, Inc. (AGRA). AGRA was one of four firms who submitted proposals for the Segment 1 geotechnical services when Smith -Emery was selected to perform the work. The proposals from AGRA and Smith - Emery were very comparable and Staffs decision at that time was to recommend Smith - Emery for Segment 1 geotechnical services and AGRA for Segment 2 geotechnical services. AGRA's proposal for Segment 2 work in an amount $50,661.00 appears to be complete and reasonable. The grading work to be done for the Segment 2 Widening improvements is of such extent and magnitude that archeological and paleontological monitoring is necessary during earthwork operations. LSA Associates not only satisfactorily performed similar monitoring services for Segment 1 widening, but also prepared the Environmental Impact Report for the entire MacArthur Boulevard Widening project. Their background knowledge of the project and their familiarity with the project's requirements are the basis for Staffs recommendation to enter into a Professional Services Agreement related to Segment 2 improvements. LSA's proposal establishes a budget amount of $33,000.00 and appears SUBJECT: MACARTHUMULEVARD WIDENING - SEGMENT 2 • CONTRACT NO. 2825 June 9, 1997 Page 4 to be complete and reasonable in view of their previous research and investigation of the project area. Robert Bein, William Frost & Associates (RBF) has submitted a proposal to provide civil engineering and surveying support during the course of construction. Their support will include: (1) establish horizontal and vertical survey control for the construction contractor's surveyor; (2) review shop drawing and materials submittals; and (3) provide quality assurance and quantity verifications for earthwork pay items. RBF is satisfactorily providing similar services during Segment 1 construction. Their proposal to provide support services for Segment 2 in an amount of $24,900.00 appears complete and reasonable. Project management services have been provided by Gail P. Pickart, P.E. during design of the entire MacArthur Boulevard Widening project (Pacific Coast Highway to Ford Road) and during Segment 1 construction. A proposal has been submitted to continue these project management services during Segment 2 construction and to prepare the final project reports necessary to obtain payment from all the outside funding sources. These services will extend throughout the entire FY 1997 -98 and involve one person on approximately a half -time basis. A scope of services with a budget amount of $55,400.00 as compensation has been submitted and appears appropriate for the current status of the overall project. Staff recommends approval of each of the five above described Professional Services Agreements and further recommends that the Mayor and the City Clerk be authorized to sign each of the Agreements on behalf of the City. • - - .'.- I- .i As part of the final review of the Segment 2 plans and specifications, the design team considered the changed conditions and circumstances that now exist compared to those known or anticipated when final design began. Key changes related to (1) the impending relinquishment of MacArthur as a state highway by Caltrans; and (2) preliminary use and grading concepts prepared for the linear open space area along the easterly side of MacArthur to be dedicated by The Irvine Company under the terms of CIOSA. The design team concluded that the following significant aspects of the plans should be revised: 1. Eliminate the slotted drainage system preferred by Caltrans along the median curb and gutter in superelevated portions of the roadway and replace it with a series of side opening grate inlets which are less costly to install and easier to maintain. The estimated reduction in construction cost is $50,000.00 I • • SUBJECT: MACARTHUR BvULEVARO WIDENING - SEGMENT 2 CONTRACT NO. 2825 June 9,1-997 Page 5 2. Eliminate the lower of the two tiered retaining walls proposed along the easterly side of MacArthur Boulevard adjacent to the Big Canyon Nature Park and replace it with a graded slope. The estimated reduction in construction cost is $100,000.00. 3. Eliminate the storm drain detention basin along the easterly side of MacArthur Boulevard where an existing underground storm drain pipe from Port Charles Place in the Harbor View Homes community discharges into a surface drainage ditch and replace it with a continuous underground system across MacArthur. The Irvine Company has indicated a willingness to reimburse the City for the estimated increased cost of $150,000 for design and construction of the revised drainage system. Now that bid prices are available, a formal Agreement with more specific information will be presented to the City Council for consideration in July 1997. 4. Expand the grading work along the easterly side of MacArthur Boulevard to eliminate the "chopped up" appearance of the existing ground surface and to create a more gentle, rolling surface consistent with the preliminary design prepared for the City by Purkiss Rose - RSI covering this linear open space area. RBF's proposal for making these design changes has been incorporated into Amendment No. 4 to their November 1, 1993, Agreement for Professional Engineering Services. The cost of the design changes has been established in the amount of $85,166.00. Staff believes the RBF proposal is consistent with the magnitude of the changes and recommends approval of Amendment No. 4. Funding The FY 1996 -97 budget for the Capital Improvement Program includes funding for Segment 2 of the MacArthur Boulevard Widening project. Funds needed to meet the commitments recommended for approval in this staff report total $6,281,099.50. In addition, construction of sound attenuation walls for six residential lots along Port Manleigh Circle in the Harbor View community which are estimated to cost $150,000 remains to be accomplished, $243,366.64 has been deposited with Southern California Edison for relocation of overhead electrical power lines along the westerly side of MacArthur Boulevard, $39,707 has been paid to the Irvine Company to handle the obligation for offsite riparian mitigation, and other miscellaneous costs have been paid. The current overall total of the project cost estimate for MacArthur Boulevard widening - Segment 2 is $6,281,099.50. 0 0 SUBJECT. MACARTHUR BOULEVARD WIDENING - SEGMENT 2 CONTRACT NO. 2825 June 9, 1997 Page 6 The funding for the $6,281,099.50 of construction related costs is allocated as follows: ACCOUNT NO. AMOUNT FUND 7253- C5100066 $ 150,000.00 The Irvine Company 7253- C5100066 $ 600,000.00 Contributions (Caltrans) 7284- C5100066 $3,110,000.00 OCTA, Measure "M ", MPAH (50 %) 7431- C5100066 $2.421.099.50 CIOSA Frontage Improvements TOTAL $6,281,099.50 The Caltrans contribution and the OCTA Measure "M" MPAH (Master Plan of Arterial Highways Program) funds are provided for in the FY 1996 -97 budget. A budget amendment is needed to appropriate The Irvine Company $150,000.00 to the Contributions Funds Account No. 7253- C5100066. Another budget amendment is needed to appropriate an additional $1,000,000 into the CIOSA Frontage Improvements account. The CIOSA bond issue authorized at the last City Council meeting provides for this funding. Respectfully submitted, 0A PUBLIC WORKS DEPARTMENT Don Webb, Director Attachments: *Agreement with Deist - Binsfield, Inc. Agreement with AGRA Earth and Environment, Inc. Agreement with LSA Associates, Inc. Agreement with Robert Bein, William Frost & Associates Agreement with Gail P. Pickart r * Agreements to be delivered in Supplemental Agenda Packets on Friday, June 6, 18197. CjW of Newport Beac* BUDGET AMENDMENT 1996 -97 �. FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Budget Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from reserved fund balance EXPLANATION: NO. BA- 051 AMOUNT: 51,150,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate $150,000 from contributions to MacArthur Blvd. widening and to appropriate $1,000,000 from CIOSA reserves to MacArthur Blvd. widening. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 430 3605 Fund Balance Control ,REVENUE APPROPRIATIONS (3601) Fund /Division Account 250 4858 EXPENDITURE APPROPRIATIONS (3603) Description Refunds & Rebates from Governments Amount Debit Credit $1,000,000.00 ` $150,000.00 Signed:�?ti�.�� Fi anti pproval: F'nance Director Date Sinned: lv Ad inistrative Ap al: City Manager Date Signed: I City Council Approval: City Clerk Date Description Division Number 7253 Public Works Account Number C5100066 MacArthur Widening Improvements $150,000.00 Division Number 7431 CIOSA Frontage Improvements Account Number C5100066 MacArthur Widening Improvements $1,000,000.00 Division Number Account Number Signed:�?ti�.�� Fi anti pproval: F'nance Director Date Sinned: lv Ad inistrative Ap al: City Manager Date Signed: I City Council Approval: City Clerk Date PROFESSIONAL SERVICES AGREEMENT GEOTECHNICAL AND MATERIALS TESTING SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 2 THIS AGREEMENT, entered into this —qtL day of June, 1997, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and AGRA EARTH & ENVIRONMENTAL, INC. whose address is 1290 N. Hancock Street, Anaheim, CA 92817 (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 the City. B. City is planning to implement Segment 2 of the MacArthur Boulevard Widening project which is identified as Contract No. 2825 (F) and is hereinafter referred to as "Project." C. City desires to engage Consultant to provide geotechnical and materials testing a.:d observation during construction operations for Project upon the terms and conditions contained in this Agreement. -1- D. The principal member of Consultant for the purpose of this Project is Dugald R. Campbell, RCE, GE. 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 10th day of June 1997, and shall terminate on the 31st day of December, 1998, 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 the City Engineer. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed -2- 9 9 the total contract price of Fifty thousand six hundred sixty -one dollars and no cents ($50,661.00). 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 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 subject to the approval of the City Engineer. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the City Engineer. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shatl 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 -3- 0 advance in writing and incurred by Consultant in the performance of this Agreement. 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 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 Ma • 0 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 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 the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Dugald R. Campbell to be its Project Manager. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City -5- • • Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the 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 the services shall be performed by Consultant in accordance with the schedule prepared by the construction contractor and upon request by the Construction Manager. 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 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, U 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 acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, 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 -7- 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 the City Risk Manager. A. Workers' 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 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 parry, except after thirty (30) days' prior notice has been given in in • 0 writing to City. Consultant shall give to 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 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 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be M • 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 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. 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, 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. -10- 0 0 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 necessary to accommodate the agreed upon scope of work. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The City Engineer 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 this Agreement. 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 -11- • • 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 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. -12- 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The 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 A. 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 -13- 0 0 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 (714) 644 -3311 Fax 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Dugald R. Campbell AGRA Earth & Environmental, Inc. 1290 North Hancock Street P.O. Box 19079 Anaheim, CA 92817 (714)779 -2591 Fax 779 -8377 26. TERMINATION In the event either party 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, -14- i 0 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 the 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 -15- 0 0 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 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. CADD 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 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. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters -16- 0 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: R bin Clauson Assistant City Attorney City of Newport Beach ATTEST: By: &U�n.[. 1-i . 44" LaVonne Harkless City Clerk F Acat \da\ag \prAerv. doc 05 -22 -97 -17- CITY OF NEWPORT BEACH A Municipal Corporation 0-001 r `. CONSULTANT AGRA Earth & Environmental, Inc. By: 12 �� D ,q 41ar e rQ „ jA eG/ �/l Ce- vr` • ENCLOSURES 0 • EXHIBIT "A" • ,AGRA Earth & Environmental May 22, 1997 Proposal No. A97 -157 The City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 Attention: Mr. Gail Pickart Re: Geotechnical Field Services Proposal MacArthur Boulevard Widening Phase II Newport Beach, California AGRA Earth & Environmental, Inc. y., =. AGRA Earth & Environmental Inc. (AEE) is pleased to present the following proposal to provide geotechnical field services for the subject project. We have discussed the project scope with Mr. Albert Bensfield of Deist. Bensfield Inc. 1.0 SCOPE OF WORK The geotechnical services covered by this proposal include observation of site and natural ground preparation, compacted fill placement and associated testing during rough grading. Field density- moisture tests and laboratory maximum density - optimum moisture tests will be performed as necessary. Having had the opportunity to perform sufficient field observations and tests, we will render a professional opinion on the compliance of work with applicable portions of the project grading plans and specifications in a written report that summarizes the results of our services. Additional geotechnical services for subsequent construction operations, such as footing excavations, wall and utility trench backfills, concrete placement, base and pavement subgrades, base and asphalt testing are also included within the scope of this proposal. The presence of our field representatives will be for the purpose of providing observation and field testing. Our work does not include supervision or direction of actual work of the contractor, his employee or agents. The contractor for this project should be so advised. The contractor should also be informed that neither the presence of our field representatives nor the observation and testing by our firm shall excuse him in any way for defects discovered in Engineering & Environmental Services ® Rec >cec coca, The City of Newport Beach• • Proposal No. A97 -157 Attention: Mr. Gail Pickart May 22, 1997 Geotechnical Field Services Proposal, MacArthur Boulevard Widening Page 2 his work. It is understood that our firm will not be responsible for job or site safety on this project. Job and site safety will be the sole responsibility of the contractor. 2.0 FEES Charges for our field, laboratory and office services will be based on the attached Table I. Proposal for Geotechnical Inspection and Testing Services. It is our understanding that these services will be coordinated with Deist - Bensfield Inc. the project resident inspectors. 3.0 INSURANCE COVERAGE AEE, as part of its normal practice, carries comprehensive general liability insurance which provides coverage for premises- operations, XCU hazards, products - completed operations, contractual broad form property damage, independent contractor and personal injury, with a combined single limit of $1,000,000. AEE also carries a comprehensive form of automobile liability insurance which provides coverage for owned, hired and non -owned vehicles, with a combined single limit of $1,000,000. California workers' compensation coverage is in accord with statutory requirements and includes employer's liability insurance with a limit of $1,000,000. In addition, AEE carries professional liability (errors and omissions) insurance with a limit in the amount of $1,000,000. AEE will provide the additional insured, waiver of subrogation and cancellation endorsements required. 4.0 CLOSURE If you will approve this proposal by your signature below, it will constitute our contract for professional services. If you desire to use your own agreement, this proposal should be incorporated as part of the agreement and should be attached as an Exhibit. Respectfully submitted, AGRA Earth & Environmental, Inc. Dugald R. Campbell Vice President DRC /dmc (None) Encl.: Appendix A - Related Experience Table I - Special Fee Schedule c: Mr. Gail Pickart, Addressee (2) PROP5 A97- 15T5 -21 -97 T �' ACCEPTED AND APPROVED: CITY OF NEWPORT BEACH By:, AID AGRA Earth & Environmental 0 0 Related Experience AGRA Earth & Environmental, Inc. (AEE) is well qualified to provide inspection and testing services for the MacArthur Boulevard widening project. Offering over 40 years of experience throughout Southern California, AEE has provided geotechnical services for Caltrans- reviewed projects since 1954. AEE is familiar with Caltrans standards and specifications, and won the Cakrans Excellence in Transportation FaaTrties award for major structures in 1991 for its work on the John Wayne Airport access roads and ramps. Additionally, AEE's Anaheim office includes a soils laboratory which is certified by both Caltrans and the City of Los Angeles. Recent Caltrans- related contracts include the San Joaquin Hills Transportation Corridor. AEE was the geotechnical lead for the design -build team constructing the project to Caltrans standards. Work on this project included extensive field and laboratory testing, along with asphalt /concrete recommendations for structures throughout the corridor. For the past 15 years, AEE has been providing similar geotechnical site inspection and material testing services to the City of Industry. During this period, the AEE has been recognized for its field expertise and its excellent response record. It has not been unusual for field crews to work long hours and /or Saturdays in order to meet project deadlines. And AEE field supervisors have provided both time and cost alternatives, which have frequently allowed projects for the City of Industry to be completed under budget and /or before the anticipated deadline. For more information regarding AEE's performance in working with the City of Industry, feel free to contact Mr. Dale Masl at C &C Engineering (phone: 818- 333 - 0336). AEE offers a variety of material testing services and a fully equipped sods laboratory, capable of providing a wide range of geotechnical tests. Soil testing services include: Relative Compaction Field Density and Moisture Direct Shear Maximum Density Mechanical Analysis Sand Equivalent Expansion Index Compressive Strengths R- Value Durability Index Los Angeles Abrasion Sieve Analysis Asphalt Emulsion Moisture Vapor Susceptibility Asphalt Content One of the reasons for AEE's success is its field expertise and excellent response record. Field supervisors are adept at responding to changing work conditions, anticipating practical alternatives to possible problems, and responding to site challenges with intelligent, experience -based solutions. Construction related materials testing and inspection services include: Non - Destructive Materials Testing Trench Hackrill and Compaction Grouting for Collapsible Soils Proposal No. A97 -157- May 21, 1997 ca Non - Ferrous Materials Design Concrete Testing and Inspection A -1 OAGRA Earth & Environmental AWPAWME AGRA General Liability Limits Automobile Liability Limits Professional Liability Limits Can Provide Additionally Named Insured CNB included DBI included REIF included Additional cost for coverage $1,000,000 $1,000,000 $1,000.000 Yes v d q $0 ffE]I No. I Unit UNIT PROPOSAL EXTENDED UNIT TOTALS 1 I Soils Technician 440 HM. 1 $40.50 $17,820.00 - -GRAQ1 GEE 2 Proctor fSeardicalion) (ASTM A1557 9 Fa $65.00 $585.00 3 • Field Oensay $ Moisture IAST M 29221 8 ASTM 30171 N/A Ea by technician in field $0.00 4 Proctor (Grading Effort) (ASTM A1557) 25 Ea 565.00 $1,625.00 5 • Field Density Moisture ASTM 2922 It ASTM 307 WA Ea technkian in field $0.00 e R -Value (CA 301 30 Ea (100.00 $3.000,00 TESTS, ROADWAY 8 RETAINING WALLS 7 Procor Su rode (ASTM A1557 30 Fa 565.00 $1,950.00 a • Field De d Moisture ASTM 2922 6 ASTM 30171 NIA Ea technician in fieltl $0.00 0 q.Value (CA 301) 30 Ea 5100.00 $ AQGBEGAMJIM 10 Proctor (Ago. Basel ASTM C1557 3 point) 10 Ea $65.00 $650.00 1 1 ' Field Den 8 Moisture (ASTM 2922) 8 (ASTM 3017) N/A Ea technician in field $0.00 12 % Crushed Panicles (CA 205 2 Ea $40.00 $80.00 13 Sieve Analysis CA 202 6 Ea $61.00 $366.00 14 Durability Index (CA 2291 2 Ea $117.00 $234.00 IS R -Value CA 301 6 Ea $100.00 $600.00 16 Sand E uivalent ASTM 217 6 Ea 526.00 $156.00 17 • Meislme (CA 226) N/A Ea technkian in field MOO A to r to mixing) 10 LA Ranter CA 211 2 Ea $92.00 $184.00 19 Bk Gravity (coarse CA 206 5 Ea $31.00 $155.00 20 Specific Gravity (lire) (CA206) 2 Ea $32.00 $64.00 21 CKE (CA 303) 2 Ea $152.00 $304.00 22 Stabilometer ICA 366) 2 Ea $216.00 $432.00 23 Swell (CA 305) 2 Ea $152.00 $304,00 24 Moisture Vaom Susceolibil' CA 3071 2 Ea 5252.00 $504.00 25 %Crushed Particles (CA 205) 2 Ea $40.00 $80.00 26 Sieve Ana (CA 2021 4 Ea $61 A0 $244.00 27 Sand Eouivalent ASTM 217 4 Ea $26.00 $104.00 28 Film Seri CA 302 2 Ea $89.00 $178.00 Av- Refined As att 20 Estimated Cwt to Review Asphalt Mix Design for Com iarwe 1 Ps s158.00 $158.00 Com to "Owe 30 Swell (CA 305) 2 Ea $147.00 $294.00 31 l iWUre Va r Susce ibilh CA 30 2 Ea $147.00 (294.00 32 Stabilometer CA 306 2 Fa $147.00 $294.00 33 sieve Analysis (CA 202 2 Ea $79.00 $158.00 34 Asphalt Content (CA 310 8 362 2 Ea $76.00 $152.00 35 Moisture (CA 310 8 370 2 Fa $76.00 $152.00 36 • Maximum Dense CA375 2 Ea $306.00 $612.00 37 • In -Place Dense CA 375 N/A Ea technician in field $0.00 TESTS-MLSC CONCRETE 38 Prior to mixture -None Cenificate of Com ianoe acw able N/A $0.00 A6'x 38 • Yleltl Cement Factor CA 518 2 Hns. $40.50 $81.00 40 •Ball Penetration (CA 533) 2 Hm. $40.50 $81.00 41 • Entrained Air CA 504 2 Hrs. $40.50 $81.00 �Sl,260.00 42 Com mssbe Sven h CA 539 $ 540 4 c VsM 20 Sets $63.00 Page 1 of 2 3,000.00 Page 1 of 2 0 TESTS - UTILITY INSTALLATIONS Slom in Sewer Wale,. I 7 2 43 $65.00 $760.00 ' FgM Den � 8 Moistwe ASTM 2922 8 ASTM 3077 - BacMill N/A Ea 4/ $0,00 Sand uivalem ASTM 277 8 Fa $26.00 45 (Wale, Line Tmnchea) 46 Proctor ASTM Al 557) - BacMill 6 Ea 565.00 $390.00 47 ' Field Dens' S Moisture ASTM 2922 6 ASTM 3017 - BacMill N/A Ea technician in field $0.00 48 Sand Equivalent (ASTM 217) (BacMill) 6 Ea $26.00 $156.00 19 Proctor ASTM C1557 - A . Base 6 Ea $65.00 $390.00 50 'Field Dens' S Moisture ASTM 2922) S (ASTM 3017) - A . Base N/A Hm. technician in field $0.00 51 'In-Plaw Dens' CA 375 (Asphalt Concrete) N/A Hm. technician in field $0.00 52 Collection and tans nation of Su ratio samples 6 Hrs. $40.50 $243.00 53 Collection and tra nation of A re ate Base samples 6 Hrs. $40.50 $243.00 51 Collection and transportation of Asphalt 6 Hrs. $40.50 $243.00 55 Collection and trans nation of Concrete samples 40 Hm. $40.50 $1,620.00 58 Estimated Ad6tbnal Fees for Pdnci Engineer 8 Hm, 5125,00 $1,000,00 57 Estimated Additional Fees for Pro' cl Geologist 60 Hm. 590.00 55,400.00 58 Estimated Add. Fees for Reports and Admin. Services 6'K LS. 53,752.00 59 Sam Fabrication LS. 50.00 Proctor ASTM A1557) - (BacMill) 7 2 Ea $65.00 $760.00 ' FgM Den � 8 Moistwe ASTM 2922 8 ASTM 3077 - BacMill N/A Ea technician in field $0,00 Sand uivalem ASTM 277 8 Fa $26.00 $208.00 TOTAL PROPOSED FEE f50,6e t.D0 TEST PERFORMED N FIELD BY TECHNICIAN - CHARGED FOR TECHNICIAN HOURY RATE ONLY NOTE: 3 REE HOUR MNIMJM CHARGE FOR TECHNICIAN Page 2 of 2