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.
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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
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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
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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
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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
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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
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described herein.
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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
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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
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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.
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17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services 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
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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.
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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
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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,
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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
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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
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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
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CITY OF NEWPORT BEACH
A Municipal Corporation
r
CONSULTANT
AGRA Earth & Environmental, Inc.
By: �
D 94 0, C-a
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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
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• •
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.
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17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services 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
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• •
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.
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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
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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,
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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
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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
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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
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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
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