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HomeMy WebLinkAboutC-2825(A-3)• • AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT PROJECT MANAGEMENT SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 2 This AMENDMENT NO. 2 TO AGREEMENT, made and entered into this 28th day of June, 1999, by and between the CITY of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and GAIL P. PICKART, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, California 92663, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On June 9, 1997, a Professional Services Agreement for Project Management Services related to Segment 2 of the MacArthur Boulevard Widening project was entered into by and between CITY and CONSULTANT (hereinafter referred to as "AGREEMENT'). B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify the Agreement by entering into a written amendment signed by both parties. C. On June 8, 1998, AMENDMENT NO. 1 to AGREEMENT was entered into by and between CITY and CONSULTANT (hereinafter referred to as AMENDMENT NO. 1). D. CITY and CONSULTANT mutually desire to further amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT is extended from May 1, 1999 to July 31, 1999. e 2. CONSULTANT shall provide additional and continuing project management services as set forth in Exhibit "A" attached hereto and incorporated herein by reference. 3. Compensation to be paid to CONSULTANT for such additional and continuing scope of services shall be in accordance with a not -to- exceed budget of $13,805 as set forth in Exhibit A. 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $13,805 from $95,000 to $108,805. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NO. 1 shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.2 to AGREEMENT on the date first above written. APPRO ED AS TO FORM: City Attorney ATTEST: City Clerk Clerk CITY OF NEWPORT BEACH, A Municipal Corporation BY: x Mayor CONSULTANT F.IUS XPBWZhared%Agreements\9gnP ar- MacMhur2.dw 2 9 Gail P. Pickart, P.E. Consulting Civil Engineer 3345 Newport Boulevard, Suite 21� Newport Beach, California 92663 Phone: (949) 673 -6779 Fax: (949) 673 -6899 EXHIBIT "A" Consultant proposes to provide additional and continuing project management services for the MacArthur Boulevard Widening - Segment 2 project during the period of April through July 1999 relative to the following items: 1. Coordinate "as- built" changes to project design drawings and handle distribution of such "as- built" drawings to other agencies, such as the County of Orange Integrated Waste Management Department. 2. Arrange for traffic noise measurements to be taken in the Harbor View Homes ( "Port Streets ") Community, coordinate traffic volume counts to be taken concurrent with noise measurements, and make arrangements for rear yard access to make noise measurements. 3. Perform such other miscellaneous tasks as may be requested from time -to -time to support and augment the work of City staff. The total fee budget for the project management services described in Items 1 -3 above is $13,805. ,o 9 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT PROJECT MANAGEMENT SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 2 This AMENDMENT NO. 1 TO AGREEMENT, made and entered into this Ytk day of June, 1998, by and between the CITY of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and GAIL P. PICKART, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, California 92663, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On June 9, 1997, a Professional Services Agreement for Project Management Services related to Segment 2 of the MacArthur Boulevard Widening project was entered into by and between CITY and CONSULTANT (hereinafter referred to as "AGREEMENT'). B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify the Agreement by entering into a written amendment signed by both parties. C. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT is extended from January 1, 1999, to April 30, 1999. 2. CONSULTANT shall provide additional and continuing project management services as set forth in Exhibit "A" attached hereto and incorporated herein by reference. 3. Compensation to be paid to CONSULTANT for such additional and continuing scope of services shall be in accordance with a not -to- exceed budget of $39,600 as set forth in Exhibit A. 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $39,600 from $55,400 to $95,000. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk f. �g roups\ pubworks\agmt \98\pickart- macarthu r.doc CITY OF NEWPORT BEACH, A municipal corporation BY: Mayor Pro Tem CONSULTANT Gail P. Pickart, P.E. OA 0 0 Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, California 92663 Phone: (949) 673 -6779 FAX: (949) 673 -6899 EXHIBIT "A" Scope of Services MacArthur Boulevard Widening - Segment 2 Consultant proposes to continue providing project management services relative to MacArthur Boulevard Widening for an additional period of approximately seven months (July 1998 through February 1, 1999), thereby augmenting City staff in the following general areas or categories of work: 1. Handle bidding, construction contract award, and right -of -entry documentation for Segment 2 sound attenuation walls along the rear of six residential lots fronting on Port Manleigh Circle. 2. Handle any remaining right -of -way matters necessary to accomplish Segment 2 widening improvements. 3. Provide coordination and administrative support to the Construction Manager for the remainder of Segment 2 related construction which is expected to extend into the early part of 1999. 4. Serve as liaison for the design and construction of sound walls at two locations along the westerly side of MacArthur Boulevard adjoining Big Canyon Golf Course, and for the design of park and playing field improvements in the open space area along the easterly side of MacArthur Boulevard and southerly of Ford Road. 5. Prepare and process final reports to the Orange County Transportation Authority (OCTA) as necessary to obtain all eligible Measure M funding approved for the project. Final reports are anticipated for the following two aspects of the project: a. Segment 1 construction b. Segment 2 construction 6. Arrange for the inclusion of "as- built" information on the final design drawings (improvement plans) for Segment 2 of the MacArthur Boulevard widening project. 0 Exhibit A MacArthur Segment 2 Page Two Is 7. Perform miscellaneous tasks as may be requested by City staff members and by City elected and appointed officials. Consultant proposes to provide the above described project management services on a "time and materials" basis in accordance with the Fee Rate Schedule identified as Exhibit "B" and attached to the Professional Services Agreement dated June 9, 1997. The estimated time to be made available and the corresponding costs for the proposed services is as follows: Time Period Estimated Hours Estimated Fee Amount July 1, 1998 to Dec. 1, 1998 352 (16 hrs /week) $26,400 Dec. 1, 1998 to Feb. 1, 1999 96 (12 hrs /week) 7,200 2 Final Reports to OCTA 80 6.000 TOTAL $39,600 Cit *Df Newport Beach • NO. BA- 074 BUDGET AMENDMENT 1997 -98 AMOUNT: Saf,a37.5o FFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No effect on BuftetanLlFund Balance BY THE CITY COUNCIL X from existing budget appropriations CITY OF NEWPORT BEACH from additional estimated revenues from unappropriated fund balance — $ EXPLANATION: This budget amendment is requested to provide for the following: To amend the Professional Services Agreement with Gail P. Pickart P.E. for MacArthur Boulevard Widening and Newport Boulevard and Coast Highway "Arches" Interchange Improvements. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7181 Gas Tax Account Number C5100071 Project Management - Gas Tax $19,800.00 Division Number 7181 Gas Tax Account Number C5100066 MacArthur Widening Improvements $19,800.00 Division Number 7281 Measure M Account Number C510072 Project Management- Measure M $19,800.00 Division Number 7281 Measure M Account Number C5100066 MacArthur Widening Improvements $19,800.00 Division Number 7181 Gas Tax Account Number C5100071 ,Project Management - Gas Tax $12,150.00 Division Number 7181 Gas Tax Account Number C5100199 PCH/Newport Blvd Improvements $12,150.00 Division Number 7181 Gas Tax Account Number C5100072 Project Management- Measure M $12,150.00 Division Number 7181 Gas Tax Account Number C5100199 PCH /Newport Blvd Improvements $12,150.00 Signed: �itx�o &� A� ' ,2--9? Finfinrial A oval: Finance Director I Date ,gned: Ad p' t tive Ap ova yTdy Manager Date Signed: ah"A, � . / CL�LC' , __ ?— 96 City Council Approval: City Clerk Date • June 8,1998 CITY COUNCIL AGENDA ITEM NO. 17 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: PROJECT MANAGEMENT SERVICES BY GAIL P. PICKART, P.E. FOR MACARTHUR BOULEVARD WIDENING AND ARCHES INTERCHANGE IMPROVEMENTS, CONTRACT NOS. 2856 AND 2886 RECOMMENDATIONS: Approve Amendment No. 1 to Professional Services Agreement with Gail P. Pickart, P.E. for MacArthur Boulevard Widening, Segment 2, Project Management Services and authorize the Mayor and City Clerk to execute the amendment. 2. Approve Amendment No. 1 to Professional Services Agreement with Gail P. Pickart, P.E. for Newport Boulevard and Coast Highway "Arches" Interchange Improvements project management services and authorize the Mayor and City Clerk to execute the amendment. 3. Authorize a budget amendment to: a) transfer funds in the amount of $19,800.00 from account number 7181- C5100071 (Gas Tax Project Management) to account number 7181- C5100066 (MacArthur Boulevard Widening) and $19,800.00 from account number 7286- C5100072 (Measure M Project Management) to account number 7281 - 05100066 (MacArthur Boulevard Widening), and b) transfer funds in the amount of $12,150.00 from account number 7181- C5100071 (Gas Tax Project Management) to account number 7181- C5100199 (PCH /Newport Boulevard) and $12,150.00 from account number 7181- C5100072 (Measure M Project Management) to account number 7181- C5100199 (PCH /Newport Boulevard). DISCUSSION: Backqround During June 1997, the City Council approved Professional Services Agreement with Gail P. Pickart, P.E. to provide project management services supporting construction of Segment 2 of the MacArthur Boulevard Widening project San Joaquin Hills road to Ford Road) and the "Arches" Interchange Improvements project. The June 9, 1997, Agreement for MacArthur Segment 2 authorized $55,400.00 for services to be provided between July 1, 1997, and December 31, 1998. The June 23, 1997, Agreement for the "Arches" project authorized $49,500.00 for services to be provided between July 1, 1997, and April 30, 1998. SUBJECT: PROJECT MAGEMENT SERVICES BY GAIL P. PICKART•. FOR MACARTHUR BOULEVARD WIDENING AND ARCHES INTERCHANGE IMPROVEMENTS, CONTRACT NOS. 2856 AND 2886 June 8, 1998 Page 2 Proposed Amendment for MacArthur Boulevard Widening The start of substantial construction work for Segment 2 of the MacArthur Boulevard Widening project was delayed approximately three months (from July 1997 to October 1997) while right -of -way and entry permits were obtained. The above normal rainfall during this past winter further delayed and impeded construction progress. The result is that project completion is now scheduled for the end of 1998 rather than August 1998 as was anticipated a year ago. Consultant services are needed beyond that date for finalizing the project and preparing final reports for the agencies that provided funding for the project. Because of the Consultant's role in this project during final design and Segment 1 construction, staff believes that a continuation of such project management services will be beneficial to the City. Accordingly, staff recommends approval of Amendment No. 1 to the Professional Services Agreement with Gail P. Pickart, P.E. Amendment No. 1 contains two provisions: (1) The compensation authorized is increased by $39,600 from $55,400.00 to • $95,000.00. (2) The term of the Agreement is extended from January 1, 1999 to April 30, 1999. Proposed Amendment for the "Arches" Interchange Improvements The scope of the "Arches" project has been substantially expanded with the addition of the storm drainage box culvert crossing of Coast Highway at the intersection with Old Newport Boulevard. Coordination of the storm drain design, associated utility relocations, and additional permit requirements all related to the construction contract change order which the City Council approved on May 11, 1998, has created the need for the consultant's continued project management services. Staff recommends approval of Amendment No. 1 to the Professional Services Agreement with Gail P. Pickart, P.E. for continued project management services relative to the "Arches" project. Amendment No. 1 contains two provisions: (1) The compensation authorized is increased by $24,300 from $49,500 to $73,800 (2) The term of the Agreement is extended from April 30, 1998 to December 31, 1998. u fl groups\pubworks bounciPaBlune- alpickart.doc SUBJECT: PROJECT MANAGEMENT SERVICES BY GAIL P. PICKART, P.ROR MACARTHUR BOULEVARD WIDENING AND ARCHES INTERCHANGE IMPROVEMENTS, CONTRACT NOS. 2856 AND 2886 June 8, 1998 Page 3 Prior City Employee Mr. Pickart was a City Employee with the Public Works Department from 1966 through 1976. City Council Policy J -1 requires City Council approval of contracts with prior City employees. Fundinq Funds are available in the current 1997 -98 fiscal year in Project Management account number(s) 7181- C51100071 and 7281- C5100072 to cover the additional compensation authorized by the two amendments. Respectfully sub tied , wiv PUBLIC WORKS DEPARTMENT Don Webb, Director Wt. ' Bill Patapoff City Engineer Attachments: Amendment No. 1 to MacArthur Agreement Amendment No. 1 to °Arches" Agreement f.'gioupsVubwodcs kounciRABNune- B%pickart.doc • 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT • PROJECT MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 55/1) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 1 to AGREEMENT, made and entered into this day of June,1998, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and GAIL P. PICKART, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, California 92663, (hereinafter referred to as "CONSULTANT"), is made with reference to the following: RECITALS: A. On June 23, 1997, a Professional Services Agreement for Project Management Services related to the Newport Boulevard and Pacific Coast Highway , (SR 55/1) "Arches" Interchange Improvements was entered into by and between CITY and CONSULTANT, (hereinafter referred to as "AGREEMENT') B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify the AGREEMENT by entering into a written amendment signed by both parties. C. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT is extended from April 30, 1998, to December 31, 1998. 2. CONSULTANT shall provide additional and continuing project management services as set forth in Exhibit "A ", attached hereto and incorporated herein by reference. U 0 0 3. Compensation to be paid to CONSULTANT for such additional and continuing scope of services shall be in accordance with a not -to -exceed budget of $24,300.00, as set forth in Exhibit "A ". 4. CONSULTANT'S not -to -exceed compensation to be paid under AGREEMENT is hereby increased by $24,300.00 from $49,500.00 to $73,800.00. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk 0 F.\ gmupsVubworkstagmtUB\pickart- arches.doc CITY OF NEWPORT BEACH, a municipal corporation f:3'1I Mayor CONSULTANT BY: Gail P. Pickart, P.E. F 0 9 Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, California 92663 Phone: (949) 673 -6779 FAX: (949) 673 -6899 EXHIBIT "A" Scope of Services "Arches" Interchange Improvements Consultant proposes to continue providing project management services for the Newport Boulevard and Pacific Coast Highway (SR 5511) "Arches" Interchange Improvements for an additional period of four months (July 1998 through October 1998), thereby augmenting City staff in the following general areas or categories of work: 1. Coordination of the design and construction of the portions of the Old Newport Boulevard storm drainage improvements being accomplished by the City of Newport Beach and its contractor and consultants. 2. Coordinate and monitor relocation of underground water, sewer, gas, electrical, telephone, and cable TV facilities as necessary to accommodate construction of the parallel reinforced concrete box culvert crossing Pacific Coast Highway and extending northerly up Old Newport Boulevard. 3. Handle submittal, implementation, and compliance monitoring of regulatory agency permits for the Old Newport Boulevard storm drainage improvements as well as for the initial "Arches" project. Regulatory agencies involved include: (a) U.S. Army Corps of Engineers, (b) U.S. Coast Guard, (c) California Department of Fish and Game, (d) California Coastal Commission, (e) California Water Quality Control Board, Santa Ana Region, and (f) Caltrans. 4. Coordination of the design and construction of offske riparian mitigation to be accomplished in a small area of Lower Big Canyon. The mitigation area replaces the wetlands eliminated by constructing the reinforced concrete box culvert and placing fill over it in the ditch along the westerly shoulder of Old Newport Boulevard. 5. Coordinate any further arrangements needed with property owners along Clubhouse Avenue related to sound wall construction. 6. Assist utility companies in the design of the electrical, telephone, and cable TV facilities associated with Underground Utility District No. 14. I] 0 • Exhibit A "Arches" Page Two 7. Perform miscellaneous tasks as may be requested by City staff members and by city elected and appointed officials. Consultant proposes to provide the above described project management services on a "time and materials" basis in accordance with the Fee Rate Schedule identified as Exhibit "B" and attached to the Professional Services Agreement dated June 23, 1997. The estimated time to be made available and the corresponding costs for the proposed services is as follows: Time Period Estimated Hours Estimated Fee Amount July 1, 1998 to 324 November 1, 1998 (18 hrs. /week) $24,300 0 0 Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, California 92663 Phone: (949) 673 -6779 FAX: (949) 673 -6899 EXHIBIT "A" Scope of Services MacArthur Boulevard Widening - Segment 2 Consultant proposes to continue providing project management services relative to MacArthur Boulevard Widening for an additional period of approximately seven months (July 1998 through February 1, 1999), thereby augmenting City staff in the following general areas or categories of work: 1. Handle bidding, construction contract award, and right -of -entry documentation for Segment 2 sound attenuation walls along the rear of six residential lots fronting on Port Manleigh Circle. 2. Handle any remaining right -of -way matters necessary, to accomplish Segment 2 widening improvements. 3. Provide coordination and administrative support to the Construction Manager . for the remainder of Segment 2 related construction which is expected to extend into the early part of 1999. 4. Serve as liaison for the design and construction of sound walls at two locations along the westerly side of MacArthur Boulevard adjoining Big Canyon Golf Course, and for the design of park and playing field improvements in the open space area along the easterly side of MacArthur Boulevard and southerly of Ford Road. 5. Prepare and process final reports to the Orange County Transportation Authority (OCTA) as necessary to obtain all eligible Measure M funding approved for the project. Final reports are anticipated for the following two aspects of the project: a. Segment 1 construction b. Segment 2 construction 6. Arrange for the inclusion of "as- built" information on the final design drawings (improvement plans) for Segment 2 of the MacArthur Boulevard widening project. 0 0 Exhibit A MacArthur Segment 2 Page Two 7. Perform miscellaneous tasks as may be requested by City staff members and by City elected and appointed officials. Consultant proposes to provide the above described project management services on a "time and materials" basis in accordance with the Fee Rate Schedule identified as Exhibit "B" and attached to the Professional Services Agreement dated June 9, 1997. The estimated time to be made available and the corresponding costs for the proposed services is as follows: Time Period Estimated Hours Estimated Fee Amount July 1, 1998 to Dec. 1, 1998 352 (16 hrs /week) $26,400 Dec. 1, 1998 to Feb. 1, 1999 96 (12 hrs /week) 7,200 2 Final Reports to OCTA 80 6.000 TOTAL $39,600 • • 0 0 AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT PROJECT MANAGEMENT SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 2 This AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of June, 1998, by and between the CITY of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and GAIL P. PICKART, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, California 92663, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On June 9, 1997, a Professional Services Agreement for Project • Management Services related to Segment 2 of the MacArthur Boulevard Widening project was entered into by and between CITY and CONSULTANT (hereinafter referred to as "AGREEMENT"). B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify the Agreement by entering into a written amendment signed by both parties. C. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT is extended from January 1, 1999, to April 30, 1999. 2. CONSULTANT shall provide additional and continuing project management services as set forth in Exhibit "A" attached hereto and incorporated . herein by reference. 3. Compensation to be paid to CONSULTANT for such additional and • continuing scope of services shall be in accordance with a not -to -exceed budget of $39,600 as set forth in Exhibit A. 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $39,600 from $55,400 to $95,000. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation 10 BY: Mayor APPROVED AS TO FORM: City Attorney ATTEST: . City Clerk flgroupslpubworks\agmt 198\pickart- mawrthur.doc CONSULTANT BY: Gail P. Pickart, P.E. 2 C* of Newport BeaCA NO. BA- 074 BUDGET AMENDMENT 1997 -98 .FFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations AM X Transfer Budget Appropriations HX X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: AMOUNT: $81,437.50 . Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To amend the Professional Services Agreement with Gail P. Picked P.E. for MacArthur Boulevard Widening and Newport Boulevard and Coast Highway "Arches" Interchange Improvements. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7181 Gas Tax Account Number C5100071 Project Management- Gas Tax $19,800.00 Division Number 7181 Gas Tax Account Number C5100066 MacArthur Widening Improvements $19,800.00 Division Number 7281 Measure M Account Number C510072 Project Management- Measure M $19,800.00 Division Number 7281 Measure M Account Number C5100066 MacArthur Widening Improvements $19,800.00 Division Number 7181 Gas Tax Account Number C5100071 Project Management - Gas Tax $12,150.00 Division Number 7181 Gas Tax Account Number C5100199 PCHINewport Blvd Improvements $12,150.00 Division Number 7181 Gas Tax Account Number C5100072 Project Management - Measure M $12,150.00 Division Number 7181 Gas Tax Account Number C5100199 PCHINewport Blvd Improvements $12,150.00 Signed: tC--- J? 'lr ,tr G Finbricial p val: Finance Director Date `•... �gned: ' �a Adrrinibliffifive Ap ova ity Manager Date Signed: City Council Approval: City Clerk Date • E PROFESSIONAL SERVICES AGREEMENT PROJECT MANAGEMENT SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 2 THIS AGREEMENT, entered into this * day of June, 1997, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and Gail P. Pickart, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, California 92663, (hereinafter referred to as "Consultant "), is made with reference to the following: 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 and complete Segment 1 which together are identified as Contract No. 2825 and is hereinafter referred to as "Project." C. City desires to engage Consultant to provide project management services relative to Project's design and construction upon the terms and conditions contained in this Agreement. D. The principal member of Consultant are for purpose of this Project is Gail P. Pickart, P.E. -1- 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 J_ t day of ,iii y 1997, and shall terminate on the 31st day of December, 1998, 9 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 the total contract price of fifty -five thousand four - hundred dollars ($55.400.00). 3.1 Consultant shall maintain accounting records of its billings which includes -2- LI 0 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 shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE -3- 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 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 -4- 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 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 services to be provided. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Gail P. Pickart, RE to be its Project Manager. 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 schedules established by the construction contractors, other consultants providing professional services for the project, and City elected officials and staff members. -5- 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. Nothing in this i[a Ll 0 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. All insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. 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. 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 -7- the occurrence limit. B. 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. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give 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 0 0 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 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. 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 as necessary to accommodate and accomplish 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 -10- 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 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 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 -11- percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with 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 -12- City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3311 Fax 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: I P. Pick $ . • • :Z•11.1tF7f Newport .. (714) 673-6779 (714) 673-6899 FAX -13- 0 26. TERMINATION 0 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, 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 and Consultant shall have the option, at the sole discretion of either party and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to the other 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 -14- 0 contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 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. A. Rollin Clauson Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless City Clerk F AcaAda\ag\profserv.doc 05 -22 -97 � six -15- CITY OF NEWPORT BEACH A Municipal Corporation OF6. - CONSULTANT Gail P. PPickart, P.E. ar L EXHIBIT "A" SCOPE OF SERVICES • Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 (714) 673 -6779 (714) 673 -6899 Fax Consultant proposes to continue providing project management services for the entire MacArthur Boulevard Widening project in the following general areas or categories: 1. Final design, bidding, construction contract award, and right -of -entry documentation for Segment 2 sound attenuation walls along the rear of six residential lots fronting on Port Manleigh Circle. 2. Handle right -of -way matters necessary to accomplish Segment 2 Widening. 3. Coordination with and administrative support to the Construction Manager for the remainder of the Segment 1 construction contract, C -2825 (C). 4. Coordination with and administrative support to the Construction Manager for the entire duration of the Segment 2 construction contract, C -2825 (F), which is anticipated to span a 12 -month period. 5. Prepare and process final reports to the Orange County Transportation Authority (OCTA) as necessary to obtain all eligible Measure M funding approved for the project. Final reports are anticipated for the following three items: a. Final design (plans, specifications, and estimates) b. Segment 1 Construction C. Segment 2 Construction 6. Arrange for the inclusion of "as- built" information on the final design drawings (improvement plans) related to the entire MacArthur Boulevard Widening project. 7. Perform miscellaneous tasks as may be requested by City elected and appointed officials, as well as City staff members. EXHIBIT 'W • SCOPE OF SERVICES Gail P. Pickart, P.E. PAGE is Consultant proposes to provide project management services on a "time and materials" basis as set forth on Exhibit "B" attached hereto. The estimated time to be available and to be spent during the period from July 1, 1997, and ending approximately July 1, 1998, is as follows: Time Period Estimated Hours Estimated Fee Amount July 1, 1997 - Oct. 31, 1997 290 (16 hrs /wk) $21,750 Nov. 1, 1997 - Apr. 30, 1997 310 (12 hrs /wk) $23,250 May 1, 1997 - June 30, 1997 64 (8 hrs /wk) $ 4,800 Subtotal $49,800 3 Final Reports for OCTA 80 $ 5,604 Total $55,400 • EXHIBIT "B" • FEE RATE SCHEDULE Effective January 1, 1997 Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 (714) 673 -6779 (714) 673 -6899 Fax Professional Services Principal Project Manager Clerical/Word Processing Reimbursable Expenses $90.00 $70.00 $35.00 1. Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. 2. Reproduction, blueprinting, photocopying and photographing will be billed at cost. Outside Services Invoice costs of services and expenses charged by independent contractor, consultants, specialists, and professional or technical firms in support of services provided by Gail P. Pickart, P.E., will be billed at 1.15 times cost. November 10, 1997 CITY COUNCIL AGENDA SUPPLEMENTAL MEMO FOR ITEM NO. 8 CITY OF NEWPGIRT: +: 1: .� CCs, TO: Mayor and Members of the City Council NOV 1 01997 ti FROM: Public Works Department 1 y ----- rtrrrcG o-R SUBJECT: MACARTHUR BOULEVARD WIDENING - SEGMENT 2, BIG CANYON COUNTRY CLUB SLOPE AND STORM DRAINAGE CONSTRUCTION, CONTRACT NO. 2825 - COOPERATIVE AGREEMENT DISCUSSION: Attached is the Cooperative Agreement with Big Canyon Country Club which is recommended for approval in the memo distributed on Wednesday. Related to this matter, the Big Canyon Community Association contacted the Public Works Department several months ago regarding perceived increased traffic noise from MacArthur Boulevard. Some Big Canyon residents feel the noise levels have increased since slopes were constructed along the easterly side of the roadway for the Manning Tract. The Association also expressed concern that the Segment 2 widening project may also increase the level of traffic noise where travel lanes are moved closer to residences. In addition, the Community Association believes that some form of security fencing will be needed along their easterly boundary because of the pedestrian walkway and bicycle lanes being constructed as part of the widening improvements. Our agreement with the Big Canyon County Club resolves the security fencing issues. Staff explained that the noise analysis made as part of the project's Environmental Impact Report (EIR) determined that current and future levels of noise generated by traffic on MacArthur Boulevard are below the 65 CNEL threshold beyond which mitigation measures are required. In view of the Association's concern for "changed conditions" resulting from slope construction and the construction of the Manning tract, staff retained the firm of Mestre Greve Associates to perform noise monitoring at three locations in the Big Canyon community. The three specific residences where the monitoring data was collected were agreed upon in advance with Association representatives. Mestre Greve's analysis of the data collected yielded noise levels ranging from 52 to 59 CNEL which is well below the 65 CNEL threshold level requiring mitigation. On Wednesday, October 29,1997, a meeting was held to discuss this most recent noise analysis. Representatives of Big Canyon Community Association, The Irvine Company, the Big Canyon Country Club Manager, and the City of Newport Beach, including Councilmember Noyes, were present. City staff explained that the Mestre Greve study •supported the EIR determination that the MacArthur Boulevard Widening project did not raise noise levels above 65 CNEL which would require mitigation measures such as the construction of sound attenuation walls along the edge of the right -of -way at locations where the roadway is visible to the residential units. Staff further explained that the general policy SUBJECT: MACARTHUR BOVARD WIDENING - SEGMENT 2, BIG CAM49COUNTRY CLUB FOR SLOPE AND STORM DRAINAUL CONSTRUCTION, CONTRACT NO. 2825 November 10, 1997 Page 2 relative to fencing or walls to provide security to private property from public right -of -way is the choice and responsibility of the property owner(s). The Big Canyon Community Association and Country Club wire encouraged to work together regarding their mutual concerns about security and sound attenuation. They were also encouraged to work with The Irvine Company with respect to the transfer of ownership of some irregularly shaped parcels of land along the common boundaries. The Cooperative Agreement is between the City and the Big Canyon Country Club because the Country Club owns the land affected by the road construction project. The Big Canyon Community Association is not a party to the Cooperative Agreement. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: �SLGS s c� . Gail Pickart Project Management Consultant Attachment: Agreement 0 11 40 0 0 COOPERATIVE AGREEMENT THIS COOPERATIVE AGREEMENT ( "Agreement') is made as of November 1997 by and between BIG CANYON COUNTRY CLUB, a private, non - profit mutual benefit corporation ( "Big Canyon ") and THE CITY OF NEWPORT BEACH, a municipal corporation (`Newport Beach "). RECITALS A. Newport Beach has awarded Griffith Company a construction contract to widen and reconstruct the segment of MacArthur Boulevard extending between San Joaquin Hills Road and Ford Road ('Project "). A portion of the Project is located adjacent to the easterly boundary of real property owned by Big Canyon which has been improved as a golf course d ( "Site'). The Project involves the grading of cut and fill slopes extending beyond the public street right -of -way onto the Site, the extension of storm drain pipes through the embankment, and erosion control /landscaping of the embankment. B. Several existing underground storm drain pipes transport water from the easterly (upstream) side of MacArthur Boulevard to the westerly (downstream side) where the water is discharged onto the Site as surface flows in the manner which has existed since the Site was improved as a golf course in 1970. C. One of the storm drain facilities included in the Project as originally designed is a seventy -two (72) inch storm drain (Line K) which culminated in an energy dissipater (concrete structure with a rip -rap component). Line K corresponds to an existing drainage course which crosses the 13' and 17°i fairways on the Site. D. Pursuant to a separate agreement with Newport Beach, Big Canyon is converting the golf course irrigation system from a solely potable water system to a partially non - potable reclaimed water system and to make other grading, drainage, and landscaping improvements within the Site (Improvements). Big Canyon would like to incorporate the energy dissipation, landscaping and security fencing components of the Project into their Improvements E. Newport Beach and Big Canyon believe the incorporation of certain components of the Project into the Improvements, as implemented by this Agreement, will minimize construction impacts and result in greater benefit to both parties. NOW, THEREFORE, taking the foregoing Recitals into account and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1 0 0 1. Entry Permit. Big Canyon hereby acknowledges that this Agreement serves • as a temporary Permit -to -enter and Construct (the "Permit ") allowing Newport Beach and its authorized employees, professional consultants, and contractors to enter onto Big Canyon property for the sole purpose of constructing the Project as shown on City of Newport Beach, Drawing No. R- 5689 -S consisting of 133 sheets (the "Plans ") subject to the terms and conditions specified in this Section. a. Area. The limits of the entry area and the description of the work covered by the Permit are more specifically depicted on Sheets G -2, G- 3, Gam, DA and D -13 of the Plans, reduced size copies of which are identified as Exhibit "A" and are attached hereto and incorporated herein by reference. b. Term. The term of the Permit shall commence upon execution of the Agreement by Big Canyon and Newport Beach and shall terminate upon the filing of a Notice of Completion for Widening, a period anticipated to be ten (10) months. In no event shall the term of the Permit extend beyond December 31, 1998. Big Canyon can revoke the Permit upon written notice to Newport Beach of a default relative to the Permit and the failure of Newport Beach to cure the default within three days or the time reasonably necessary to cure the default. c. Limits. Newport Beach and its agents shall exercise the rights granted under this Permit at reasonable times during normal business hours and in a manner which does not physically interfere with play on the golf course. d. Damage to the Site. Newport Beach and its agents and employees shall use their respective best efforts to avoid any damage to the Site. If Newport Beach or its agents cause any damage to the Site in the exercise of its rights under this Agreement, including any damage to any landscaped area, Newport Beach shall repair the damage at its expense within ten days. Big Canyon may make the repairs at Newport Beach's expense if the damage is not repaired within ten days. e. Hazardous Materials. If Newport Beach releases, or causes the release of any Hazardous Materials on the site while exercising any rights pursuant to this Permit, Newport Beach shall promptly (but in no event more than ten(10) days after written demand from Big Canyon) commence and diligently prosecute to completion the remediation of the same under all applicable laws and indemnify, defend and hold harmless Big Canyon and its successors and assigns, partners, members, principal, officers, directors, shareholders, direct and indirect agents, employees and representatives from and against all claims, 2 • • suits, causes of action, injuries, damages, losses and liability of any kind whatsoever which arise directly or indirectly from the release of the Hazardous Materials. Big Canyon shall have the right to exercise any self -help remedies and obtain full reimbursement from Newport Beach for the cost of such remedies if Newport Beach fails to timely remediate contamination resulting from any release of Hazardous Materials as described in this subsection. As used in this Agreement, the term Hazardous Materials means any oil, petrochemical product, PCBs, asbestos, urea, formaldehyde, salts, flammable explosives, radioactive material, hazardous waste, toxic, corrosive, or pathogenic substances, or similar material including, without limitation, substances defined as "hazardous or toxic in any federal, state or local laws, regulations, orders or directives. 2. City Payment. Newport Beach hereby agrees to make payments to Big Canyon limited to an aggregate amount of $275,000 (City Payment) in consideration of Big Canyon's commitment to construct, maintain and accept responsibility for certain improvements that would otherwise be components of the Project (Components). a. Project Modifications . Newport Beach will modify the Project to delete (i) construction of the energy dissipator, rock rip -rap and low -flow pipe extension shown on the Plans at the downstream outlet end of Storm Drain Line W; and (ii) installation of any temporary or permanent landscaping or irrigation system on cut and fill slopes outside the public street right -or -way. b. City Payment/Components Big Canyon shall, using the City Payment augmented by its own funds if necessary construct and to the extent provided in Section 4, maintain and accept responsibility for the following Components: (1) A continuous underground storm drainage system across the 131" and 17' fairways connecting the discharge end of Line W' and the existing storm drain pipe crossing beneath Big Canyon Drive. (2) An overflow structure at the discharge end of Line "K" if the continuous underground pipe system has a smaller diameter than is capable of handling the total runoff flows. (3) A non - irrigated hydroseed mix and erosion control blanket on the slope area between the Site and Mac Arthur Boulevard in order to stabilize the area and, if Big Canyon elects in its sole discretion, • permanent landscaping which may consist of a permanent irrigation system and of a variety of plant materials (trees, shrubs, and ground 3 0 cover) compatible with existing and proposed golf course plant palette. (4) Any security fencing along the golf course boundary with MacArthur • Boulevard both on the Site and on the area between the Site and MacArthur Boulevard deemed appropriate by Big Canyon because of the bicycle and pedestrian improvements constructed as part of the Project subject to customary City approval process . (5) Any sound attenuation walls along the golf course boundary with MacArthur Boulevard deemed appropriate by Big Canyon because of the slight change in vehicular traffic location resulting from the horizontal and vertical realignments of the roadway pursuant to the Project. c. Interim Improvements. Newport Beach will withhold an amount of $35,000 from the $275,000 aggregate City Payment to pay for any erosion control and energy dissipation work necessary to accommodate runoff water flows between the time Line "K" is constructed and the underground system across the fairways is constructed. Any portion of the $35,000 not spent for such temporary improvements will be paid to Big Canyon in accordance with the payment schedule set forth in Section 3 of this Agreement. d. Timing. Big Canyon shall construct or install the Components on or before January 1, 1999 subject only to delays resulting from force majeure. 3. City Payment Schedule. The schedule City Payments to Big Canyon shall be as follows: a. $137,500 upon execution of this Agreement. b. $102,500 (plus any balance of the $35,000 amount withheld for interim improvements as described in Section 2c. above) upon completion of the underground storm drainage system and slope landscaping (if installed by Big Canyon) described in the preceding Sections 2a. and 2b. 4. Maintenance Responsibility. Newport Beach shall have the responsibility to maintain the Project including Storm Drain Line K to the extension limit as shown on the Plans. Big Canyon shall have the maintenance responsibility for the continuous storm drainage system across the fairways, slope erosion control as specified in Subsection 2(b)(3) and any landscaping installed by Big Canyon, boundary security fencing, sound attenuation walls (if constructed by Big Canyon), and any other 4 0 • improvements for which City Payment was utilized, provided, however, Big Canyon shall have responsibility for slope erosion control only until the hydroceed mix and erosion control blanket provided by Big Canyon pursuant to Section 2(b)(3) is well established. 5. Release and Indemnification. a. Release. Big Canyon releases, discharges, and gives up any right, claim, damage, diminution of value, injury, loss, fee, cost or expense of every kind and nature which Big Canyon may have against the City as well as its employees, agents, officers, independent contractors or other representatives, that is related to Big Canyon's construction and /or maintenance of any of the Components.. Big Canyon's release and discharge does not extend to any damage, diminution of value, injury, loss, fee, cost or expense arising out of, or related to the construction activities necessary to complete the Project. b. Indemnification. (1) Newport Beach shall indemnify, defend and hold harmless Big Canyon from claims, injuries, damages, losses, cost or expense arising out of, or in any way related to, construction activities preliminary to the completion of the Project or any other construction or maintenance activity performed by Newport Beach, or any of its agents pursuant to this Agreement. (2) Big Canyon shall indemnify, defend and hold harmless Newport Beach from claims, injuries, damages, losses, cost or expense arising out of, or in any way related to, any construction or maintenance performed by Big Canyon or any of its agents pursuant to this Agreement. 6. Specific Performance. The Parties acknowledge that monetary damages would be extremely difficult or impossible to ascertain in the event of a breach of the provisions of this Agreement other than Sections 1 and 5(b) that other remedies at law are inadequate given the unique commitments of this Agreement. Accordingly, the Parties agree that specific performance is the only appropriate remedy for any breach of this Agreement and neither Party shall be entitled to monetary damages, attorney fees or costs by reason of any default under this Agreement subject only to the express remedies provided in Section 1. . 7. Captions. The paragraph headings or captions used herein are for convenience only and are not a part of this Agreement and do not limit, 5 0 0 define or amplify the scope or intent of the provisions of this Agreement. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without reference to any conflicts or choice of law principles. 9. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re- attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. 10. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter thereof. Any oral or other written representations or statements concerning the subject matter thereof shall be of no force or effect. 11. Successors. This Agreement shall inure to and bind Big Canyon and its successors and assigns in title to the Site and each and every portion thereof. Newport Beach shall have no right to transfer or assign its rights or obligations under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By: By: Robert Burnham, Esq. Mayor City Attorney City of Newport Beach City of Newport Beach ATTEST: Big Canyon Country Club a private corporation By: By: LaVonne Harkless John Hamilton City Clerk President F:\cat\ag \Big Ca nyon \110797c[ean. doc • R -L.Mof 5 uL TATE () I OCSIGxED BY u5 VBI pfv¢ED Br DaENfvREO SEE 11A Yc" S I AC? S G p 6) > ai 0 A". zi II I ca :I dl ENTRY AREA WUPOLL V h ji 'MATCH LINE STA 166.00.00 SEE SHEET NO G-3 ITT T? 77? el > > z A 1— z P 6 6 Z 0 6 EXH 1 BIT A MA1 Z i SEE SHEET NO G -2 CMEC[ED By F 5 7. Z L � M z mm n g 3 • r G7 - z _ o v o . r• > m > Z N W y.aE� u 0 • 0 0 • EXWSIT A 3 OF '2 Iz. 1 9 z HA TCHSEE SHEET NO G rn ?'i. ENTRY AREA AC ;In 1W, PI b is 31, 335 D.z5_,3 0 014 133,,S 21 A 's rpt N'IVn3U,s I I I 0 0 m ltl L,*Ss gig MCI L.1 0 • • COOPERATIVE AGREEMENT THIS COOPERATIVE AGREEMENT ( "Agreement ") is made as of November to , 1997 by and between BIG CANYON COUNTRY CLUB, a private, non - profit mutual benefit corporation ( "Big Canyon ") and THE CITY OF NEWPORT BEACH, a municipal corporation (`Newport Beach "). RECITALS A. Newport Beach has awarded Griffith Company a construction contract to widen and reconstruct the segment of MacArthur Boulevard extending between San Joaquin Hills Road and Ford Road ('Project "). A portion of the Project is located adjacent to the easterly boundary of real property owned by Big Canyon which has been improved as a golf course ( "Site "). The Project involves the grading of cut and fill slopes extending beyond the public street right -of -way onto the Site, the extension of storm drain pipes through the embankment, and erosion control /landscaping of the embankment. B. Several existing underground storm drain pipes transport water from the easterly (upstream) side of MacArthur Boulevard to the westerly (downstream side) where the water is discharged onto the Site as surface flows in the manner which has existed since the Site was improved as a golf course in 1970. C. One of the storm drain facilities included in the Project as originally designed is a seventy -two (72) inch storm drain (Line K) which culminated in an energy dissipater (concrete structure with a rip -rap component). Line K corresponds to an existing drainage course which crosses the 13th and 17th fairways on the Site. D. Pursuant to a separate agreement with Newport Beach, Big Canyon is converting the golf course irrigation system from a solely potable water system to a partially non - potable reclaimed water system and to make other grading, drainage, and landscaping improvements within the Site (Improvements). Big Canyon would like to incorporate the energy dissipation, landscaping and security fencing components of the Project into their Improvements. E. Newport Beach and Big Canyon believe the incorporation of certain components of the Project into the Improvements, as implemented by this Agreement, will minimize construction impacts and result in greater benefit to both parties. NOW, THEREFORE, taking the foregoing Recitals into account and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1 i • Entry Permit. Big Canyon hereby acknowledges that this Agreement serves as a temporary Permit -to -enter and Construct (the "Permit ") allowing Newport Beach and its authorized employees, professional consultants, and contractors to enter onto Big Canyon property for the sole purpose of constructing the Project as shown on City of Newport Beach, Drawing No. R- 5689 -S consisting of 133 sheets (the "Plans ") subject to the terms and conditions specified in this Section. a. Area. The limits of the entry area and the description of the work covered by the Permit are more specifically depicted on Sheets G -2, G- 3, G -4, D-4, and D -13 of the Plans, reduced size copies of which are identified as Exhibit "A" and are attached hereto and incorporated herein by reference. Term. The term of the Permit shall commence upon execution of the Agreement by Big Canyon and Newport Beach and shall terminate upon the filing of a Notice of Completion for Widening, a period anticipated to be ten (10) months. In no event shall the term of the Permit extend beyond December 31, 1998. Big Canyon can revoke the Permit upon written notice to Newport Beach of a default relative to the Permit and the failure of Newport Beach to cure the default within three days or the time reasonably necessary to cure the default. c. Limits. Newport Beach and its agents shall exercise the rights granted under this Permit at reasonable times during normal business hours and in a manner which does not physically interfere with play on the golf course. d. Damage to the Site. Newport Beach and its agents and employees shall use their respective best efforts to avoid any damage to the Site. If Newport Beach or its agents cause any damage to the Site in the exercise of its rights under this Agreement, including any damage to any landscaped area, Newport Beach shall repair the damage at its expense within ten days. Big Canyon may make the repairs at Newport Beach's expense if the damage is not repaired within ten days. e. Hazardous Materials. If Newport Beach releases, or causes the release of any Hazardous Materials on the site while exercising any rights pursuant to this Permit, Newport Beach shall promptly (but in no event more than ten(10) days after written demand from Big Canyon) commence and diligently prosecute to completion the remediation of the same under all applicable laws and indemnify, defend and hold harmless Big Canyon and its successors and assigns, partners, members, principal, officers, directors, shareholders, direct and indirect agents, employees and representatives from and against all claims, suits, causes of action, injuries, damages, losses and liability of any kind whatsoever which arise directly or indirectly from the release of the Hazardous Materials. Big Canyon shall have the right to exercise any 2 0 0 self -help remedies and obtain full reimbursement from Newport Beach for the cost of such remedies if Newport Beach fails to timely remediate contamination resulting from any release of Hazardous Materials as described in this subsection. As used in this Agreement, the term Hazardous Materials means any oil, petrochemical product, PCBs, asbestos, urea, formaldehyde, salts, flammable explosives, radioactive material, hazardous waste, toxic, corrosive, or pathogenic substances, or similar material including, without limitation, substances defined as "hazardous or toxic in any federal, state or local laws, regulations, orders or directives. 2. City Payment. Newport Beach hereby agrees to make payments to Big Canyon limited to an aggregate amount of $275,000 (City Payment) in consideration of Big Canyon's commitment to construct, maintain and accept responsibility for certain improvements that would otherwise be components of the Project (Components). a. Project Modifications . Newport Beach will modify the Project to delete (i) construction of the energy dissipator, rock rip -rap and low -flow pipe extension shown on the Plans at the downstream outlet end of Storm Drain Line "K "; and (ii) installation of any temporary or permanent landscaping or irrigation system on cut and fill slopes outside the public street right -or -way. b. City Payment(Components Big Canyon shall, using the City Payment augmented by its own funds if necessary construct, maintain and accept responsibility for the following Components: (1) A continuous underground storm drainage system across the 13th and 17th fairways connecting the discharge end of Line "K" and the existing storm drain pipe crossing beneath Big Canyon Drive. (2) An overflow structure at the discharge end of Line "K" if the continuous underground pipe system has a smaller diameter than is capable of handling the total runoff flows. (3) A non - irrigated hydroseed mix and erosion control blanket on the slope area between the Site and Mac Arthur Boulevard in order to stabilize the area and, if Big Canyon elects in its sole discretion, permanent landscaping which may consist of a permanent irrigation system and of a variety of plant materials (trees, shrubs, and ground cover) compatible with existing and proposed golf course plant palette. (4) Any security fencing along the golf course boundary with MacArthur Boulevard deemed appropriate by Big Canyon because of the bicycle and pedestrian improvements constructed as part of the 9 0 9 Project subject to City approval relative to height, material and location.. (5) Any sound attenuation walls along the golf course boundary with MacArthur Boulevard deemed appropriate by Big Canyon because of the slight change in vehicular traffic location resulting from the horizontal and vertical realignments of the roadway pursuant to the Project. c. Interim Improvements. Newport Beach will withhold an amount of $35,000 from the $275,000 aggregate City Payment to pay for any erosion control and energy dissipation work necessary to accommodate runoff water flows between the time Line "K" is constructed and the underground system across the fairways is constructed. Any portion of the $35,000 not spent for such temporary improvements will be paid to Big Canyon in accordance with the payment schedule set forth in Section 3 of this Agreement. d. Timing. Big Canyon shall construct or install the Components on or before January 1, 1999 subject only to delays resulting from force majeure. 3. City Payment Schedule. The schedule City Payments to Big Canyon shall be as follows: a. $137,500 upon execution of this Agreement. b. $102,500 (plus any balance of the $35,000 amount withheld for interim improvements as described in Section 2c. above) upon completion of the underground storm drainage system and slope landscaping (if installed by Big Canyon) described in the preceding Sections 2a. and 2b. 4. Maintenance Responsibility. Newport Beach shall have the responsibility to maintain the Project including Storm Drain Line K to the extension limit as shown on the Plans. Big Canyon shall have the maintenance responsibility for the continuous storm drainage system across the fairways, slope erosion control as specified in Subsection 2(b)(3) and any landscaping installed by Big Canyon, boundary security fencing, sound attenuation walls (if constructed by Big Canyon), and any other improvements for which City Payment was utilized. 5. Release and Indemnification. a. Release. Big Canyon releases, discharges, and gives up any right, claim, damage, diminution of value, injury, loss, fee, cost or expense of 4 0 0 every kind and nature which Big Canyon may have against the City as well as its employees, agents, officers, independent contractors or other representatives, that is related to Big Canyon's construction and/or maintenance of any of the Components. Big Canyon's release and discharge includes, without limitation, diminution of the value of property due to flows from Line K, as well as damage to property caused by flows from Line K, r or soil movement caused by failure of slope erosion control. Big Canyon's release and discharge does not extend to any damage, diminution of value, injury, loss, fee, cost or expense arising out of, or related to the construction activities necessary to complete the Project. b. Indemnification. (1) Newport Beach shall indemnify, defend and hold harmless Big Canyon from claims, injuries, damages, losses, cost or expense arising out of, or in any way related to, construction activities preliminary to the completion of the Project or any other construction activity performed by Newport Beach, or any of its agents pursuant to this Agreement. (2) Big Canyon shall indemnify, defend and hold harmless Newport Beach from claims, injuries, damages, losses, cost or expense arising out of, or in any way related to, any construction or maintenance performed by Big Canyon or any of its agents pursuant to this Agreement. 6. Specific Performance. The Parties acknowledge that monetary damages would be extremely difficult or impossible to ascertain in the event of a breach of the provisions of this Agreement other than Section 1 and that other remedies at law are inadequate given the unique commitments of this Agreement. Accordingly, the Parties agree that specific performance is the only appropriate remedy for any breach of this Agreement and neither Party shall be entitled to monetary damages, attorney fees or costs by reason of any default under this Agreement subject only to the express remedies provided in Section 1. 7. Captions. The paragraph headings or captions used herein are for convenience only and are not a part of this Agreement and do not limit, define or amplify the scope or intent of the provisions of this Agreement. 8. Governing Law. This Agreement shall be govemed by and construed in accordance with the internal laws of the State of California without reference to any conflicts or choice of law principles. 9. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. Any signature page of this Agreement may 5 0 0 be detached from any counterpart of this Agreement and re- attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. 10. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter thereof. Any oral or other written representations or statements concerning the subject matter thereof shall be of no force or effect. 11. Successors. This Agreement shall inure to and bind Big Canyon and its successors and assigns in title to ti- thereof. Newport Beach shall have no obligations under this Agreement. Site and each and every portion right to transfer or assign its rights or IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. AS TO FORM: rnham, Esq. City Attorney City of Newport Beach ATTEST: LaVonne Harkless City Clerk 0 CITY OF NEWPORT BEACH A Municipal Corporation \, .1 rNewport U ay r f Big Canyon Country Club a private corporation By: eh J. osing, M 4. resid nt 11/12/97 f:\groups\pubworks\98-agmts\big-cany.doc EXIAIBIT A I ,_of 5 ED' '"E OESIGxED pEMM BY By a /vi DAI E K"ED V0, 4 NA TcSr SHEET > LINE G-1 z STA �.Oo, Z > 2i C, C- % 70 r m o eNT,,Y AREA I t STA 166-00.00 `MATCH LINE SEE SHEET NO G-3 -4. -4 A. m X U X F < -FE CF z 6 6A A EXHi m 0 m 0 ova > z z 0 ci I SEE SHEET NO G-2 )o D ��PaV I0.E AREA 0 3N1'1 H31VH 133HS 35 0 rn Z r-nT ?�-, .1 z A z z i EM-IjBIT A -aQF _ CLLCUL11E0/ 4Y BC6EO Y5 ."' RFVISEO BY CNEESMk By RiI V93 DATE REVISER SEE MA 7 SMEE7 Z \\ 1 CH DIME S7Ak0 {731 >�m ?3V3 A rl on _ 5 1 I I ! $ ' ' 1 ENTRY AREA i: V� � �` % OD h I + V i' 1 lI � �31 ENI57 I 1 �(I4�'4444 \ �� 1 O 11 � r Ex15 'GUIB [ x A. � c � °• I IQxI r � ? � L+ y ..11 JJ'I, _ In E1I i sl. I a rn 1VU 3 N1 335 f N 5 0� .i0l �? y3 A pp 5-p ON 3'.— Z z 1? a •{ 1IVUO"V" i _ LSIR3 ; � f� + ♦; m (1 _ N'IV ,3R13 I 111 Ex15! PQ �Y4g' G m > - IY nRN3tl NlVN3�]L`' 1\ "EIpYAI 6BBEG Z Z �` fp W' F) 's • r _ IINII OC'ZC• � � o v � Oa.^P4• �� ._ C Z 7 - 1 n E - kREA • • November 10, 1997 TO: Mayor and Members of the City FROM: Public Works Department SUBJECT: MACARTHUR BOULEVARD COUNTRY CLUB SLOPE CONTRACT NO. 2825 RECOMMENDATION: CITY COUNCIL AGENDA NO. $ BY THE CITY COUNCIL CITY U`1POR_T BF?� . Council I I I 7 I WIDENING - SEGMENT 21 BIG CANYON AND STORM DRAINAGE CONSTRUCTION, Approve a Cooperative Agreement with Big Canyon County Club for Slope and Storm Drainage Construction, Contract No. 2825. DISCUSSION: Segment 2 of the MacArthur Boulevard Widening project extends from San Joaquin Hills Road to Ford Road. At several locations, grading for the cut and fill slopes needed to construct the widening improvements will extend beyond the street right -of -way lines. The Irvine Company has dedicated slope and drainage easements or given a right -of -entry for construction at the locations where they are the adjacent landowner. These property interests are dedicated in accordance with the terms of the Circulation Improvement and Open Space Agreement (CIOSA) between the City of Newport Beach and The Irvine Company Along a portion of the westerly side of MacArthur Boulevard, the grading work extends onto property owned by the Big Canyon Country Club utilized for the Big Canyon Golf Course (see attached map). At one location, a 72" diameter storm drain pipe and a large drainage energy dissipation structure are proposed to be constructed along with the roadway fill. The Public Works Department has had numerous communications with Golf Course representatives regarding this matter during the past 6 -9 months. The Golf Course representatives expressed a strong desire to have the 72" storm drain pipe continue underground across the fairway (northerly of holes 13 and 17) rather than have the surface flow creating a boggy condition as currently occurs. They are also concerned about the appearance of the erergy dissipation structurc, landscaping treatment of the embankment slope and their perceived need for boundary fencing for security and sound attenuation. Because of uncertainties in the completed project appearance, replacement slope landscaping adjacent to the Golf Course was not included in the construction contract. This landscaping was to be a separate contract after slope and drainage work was completed. Further discussions regarding continuation of an underground storm drainage pipe across the fairway have considered a 'low flood' system involving a structure at the downstream end of the 72" pipe which would have a 36" diameter outlet pipe to convey low to moderate flows. The runoff quantities exceeding the 36 inch pipe's capacity will be discharged through an overflow device and continued across the fairway as surface flows similar to the. existing conditions. Such a system should significantly reduce the soft soil conditions across the fairway that currently occurs during the rainy season. Also Big Canyon has indicated that they may be able to utilize a 72 inch pipe to eliminate all flow across the fairway. SUBJECT: MACARTHUR B�EVARD WIDENING - SEGMENT 2, BIG CANG COUNTRY CLUB FOR SLOPE AND STORM DRAINA CONSTRUCTION, CONTRACT NO. 2825 November 10. 1997 Page 2 As an alternate to the slope and storm drainage construction extending onto the Golf Course property, plans were prepared for segmental retaining walls and a modified energy dissipator such that the MacArthur Boulevard Widening project could be accomplished without entering onto Golf Course property. This design is estimated to increase the construction costs by more than $100,000 as well as increase the City's maintenance responsibility during future years. This option would still require additional landscaping not currently provided by the project. In an effort to construct improvements that will provide the most benefits to all parties involved, a Cooperative Agreement has been drafted that establishes the following key points: 1. Big Canyon will allow the City and its contractors to enter onto its property to perform grading work and construct the 72" storm pipe extension substantially as shown on the contract drawings, except that the energy dissipator structure will not be constructed thereby saving $52,500. However a temporary transition structure rock rip rap and extra grading costing an estimated $ 35,000 will be required if the pipes can't be constructed concurrently. 2. City will contribute $240,000 to Big Canyon to be used to design and construct the drainage system across the fairway. Big Canyon will pay the remaining portion of the cost and will maintain this system. If Big Canyon can construct their storm drain extension so that the temporary transition structure is not needed the City will also contribute the $ 35,000 saved to Big Canyon. 3. Big Canyon will also design and construct permanent landscaping on the embankment slope created by the City as part of the roadway widening. Irrigation for this landscaping will utilize reclaimed water provided through the conversion program currently underway. Big Canyon will be responsible for maintaining the landscaping and irrigation systems. 4. Big Canyon will be responsible for installing any fencing or sound attenuation boundary walls which they deem appropriate for their property. 5. Big Canyon Estimates that the cost of work that they will contract will be $405,000. The establishment of the $240.000 contribution amount is as follows: 0 Revised Design Contract Bid Clear of Big Canyon Cooperative Work Item Design Property Agreement MacArthur Contract Items 72" RCP Storm Drain Pipe $ 23,000 $ 9,000 $23,000 Energy Dissipator 50,000 75,000 -0- Rock Riprap 2,500 2,500 5,000 Retaining Wall w /safet fence -0- 95,000 -0- Temporary Transition Structure 0 0 30,000 Additional Landscape and Maintenance Costs Slope Landscaping 75,000 65,000 -0- Maintenance of Drain Outlet for 25 25,000 25,000 -0- years Maintenance of Landscaping for 50,000 26,500 -0- 25 years Not Determined -0- 240,000 Payment to Big Canyon Country Club TOTALS $225,500 $298,000 $298,000 0 0 SUBJECT: MACARTHUR BOU RD WIDENING - SEGMENT 2. BIG CANYOOUNTRY CLUB FOR SLOPE AND STORM DRAINAGE STRUCTION, CONTRACT NO. 2825 November 10, 1997 Page 3 The payment to the Big Canyon Country Club will be funded from projected contract savings due to reduced storm drain work at this location and at one other location. This savings is estimated to be $130,000. The remaining $145,000 will come from the funds encumbered to provide for unexpected work related to the project. The agreement will provide benefits to both the City and The Big Canyon Country Club. A long standing drainage problem will be solved on the golf club fairway. The City will solve a right of way issue and turn over a landscaping and maintenance responsibility to the Country Club. The Public Works Committee reviewed this item at their October 27rn meeting and was advised that the Agreement wording details had not been finalized. The wording has been resolved and the Agreement is attached. Re pectfi Ily ss�u��bmit�d 1l.'-x PUBLIC WORKS DEPARTMENT Don Webb, Director By: Gail Pickart Project Management Consultant Attachments: Exhibit "A" Agreement \ \dp\sys \groups\ pubworks \98 -cou nc \nov- 10 \maca rth 1.doc EAIHIBIT A ,MI 0 F 5 • 0 0 [etNLet 10, OCSfMC09T MR a ✓91 q[v6[o Br CxE[2E0 Br �w tnr OeII PEV;SCD C-) v - s \ 3 m SEE MA iEN c N SH EEi MO { m LT Aft G f z 8 C 02 M I _ gkry I i 1 ^ ° ^ / I C I ENTRY AREA 'glli t, . III A %MATCH LINE STA 165 -00.00 SEE SHEET NO 6-3 I, ��� Bea• •D � I I I I I I� �A6 4� Fo3 > .. _ gpFo _r Z Gl o z ' N �I • 0 0 0 • u EXH IZIT A g� 5 qw OE516NED0 / Y5 V91 REVISED Bi Cx[C[ED 01 DAi[ REVSED r�p£N£g o �b- SEE SHEET NO 0 -2 - MATCH LINE STA ISSx00.00 IM L 1 + 1 1 \ \ i n 1 I �I E}]SL POVEU POLE _ E NT .'AREA �, gR I 1 11 [ C0.D PLANE 1 \ A + �9. T lY I D II I I \ r' Eel9 POVER GME z O I ; O I 'i I I I �: Eki6i P{�E�PDVE ! ' is NO1� n oo' 00.£GI Hst, 335 i J 7-0 oN 133 rn o � r � C a \ A po z z_T ppq q€ - rn3A -v gmm- F Z A F_ ° y np o> F CF F < > =z ° m 8 a w E41HIBIT A' A03 OF : 0 •DEVISED CALCULAi EO/ OCSILNEO BY W5 V91 Bi CxECtEO Bi ,d /v! D<iE NEVISE0 N on -_ MA TCH ELIN SHEET N c0�3 51A OOm 3 E\\ N I 1 � . ENTRY AREA c, 6z Gtl. POLE 1 ,/ I P[µ7vAL 1- C / l I � "Exln CP I a 1} 1 Ex151 PWER ME Q {nY444 1 Eys GuxP -; t 1 .�R.b 1'[il fib < 5.. � PAIL L 1 41NG {?Y N i C COINC' b_ Z m i�. z , 133 s 335 Z: z 1 19WI �IVtlOxVN { 151x3 i rn R _ o mC, 11 Nlv Ef Isr 5' > 0 o > n - i ,x LrSL ;1 14 1ll.dP. oo '1a nCM3n xlvnMGS .. RFnovnL 69800 Rf 'LPC E K < p r 6 r = r Bp 1d1, OC f/ •µ a> a y O'1'Cti C j m Ty O Z 0 REn0vA•s6 EAD p� .•t `4 g 0 0 EX H I BAIT "A" -�41 Of - � 5 7w DESIGNED BY HG V91 REYJSED BY M[CaEO 9Y SID L"i DATE REMED I 61 "A rclSEE SHE E T NO 0-3 Aq LINE .r SI 00.0 o Ork -1; A Ir ro 6 6 11 5 IRS �--�ENTRY HI 111, 11-11 1 .6 i3 - ql At A, J! SEE Mq 2% 2- c M Av� � :L L X H I t3l F I I- M • • 650 October 27, 1997 . GCT 2 7 �gg7 CITY COUNCIL AGENDA ITEM NO. 6 • • TO: Mayor and Members of the FROM: Public Works Department SUBJECT: MACARTHUR BOULEVARD WIDENING - SEGMENT 2, BIG CANYON COUNTRY CLUB SLOPE AND STORM DRAINAGE CONSTRUCTION, CONTRACT NO. 2825 RECOMMENDATION: Approve a Cooperative Agreement with Big Canyon County Club for Slope and Storm Drainage Construction, Contract No. 2825. DISCUSSION: Segment 2 of the MacArthur Boulevard Widening project extends from San Joaquin Hills Road to Ford Road. At several locations, grading for the cut and fill slopes needed to construct the widening improvements will extend beyond the street right -of -way lines. The Irvine Company has dedicated slope and drainage easements or given a right -of -entry for construction at the locations where they are the adjacent landowner. These property interests are dedicated in accordance with the terms of the Circulation Improvement and Open Space Agreement (CIOSA) between the City of Newport Beach and The Irvine Company. Along a portion of the westerly side of MacArthur Boulevard, the grading work extends onto property owned by the Big Canyon Country Club utilized for the Big Canyon Golf Course (see attached map). At one location, a 72" diameter storm drain pipe and a large drainage energy dissipation structure are proposed to be constructed along with the roadway fill. The Public Works Department has had numerous communications with Golf Course representatives regarding this matter during the past 6 -9 months. The Golf Course representatives expressed a strong desire to have the 72" storm drain pipe continue underground across the fairway (northerly of holes 13 and 17) rather than have the surface flow creating a boggy condition as currently occurs. They are also concerned about the appearance of the energy dissipation structure, landscaping treatment of the embankment slope and their perceived need for boundary fencing for security and sound attenuation. Because of uncertainties in the completed project appearance, replacement slope landscaping adjacent to the Golf Course was not included in the construction contract. This landscaping was to be a separate contract after slope and drainage work was completed. Further discussions regarding continuation of an underground storm drainage pipe across the fairway have considered a "low flow" system involving a structure at the downstream end of the 72" pipe which would have a 36" diameter outlet pipe to convey low to moderate flows. The runoff quantities exceeding the 36 inch pipe's capacity will be discharged through an overflow device and continued across the fairway as surface flows similar to the existing conditions. Such a system should significantly reduce the soft soil conditions across the fairway that currently occurs during the rainy season. Also Big Canyon has indicated that they may be able to utilize a 72 inch pipe to eliminate all flow across the fairway. SUBJECT: MACARTHUR B #VARD WIDENING - SEGMENT 2, BIG CAN* COUNTRY CLUB FOR SLOPE AND STORM DRAINAGE CONSTRUCTION, CONTRACT NO. 2825 October 27, 1997 Page 2 • As an alternate to the slope and storm drainage construction extending onto the Golf Course property, plans were prepared for segmental retaining walls and a modified energy dissipator such that the MacArthur Boulevard Widening project could be accomplished without entering onto Golf Course property. This design is estimated to increase the construction costs by more than $100,000 as well as increase the City's maintenance responsibility during future years. This option would still require additional landscaping not currently provided by the project. In an effort to construct improvements that will provide the most benefits to all parties involved, a Cooperative Agreement has been drafted that establishes the following key points: 1. Big Canyon will allow the City and its contractors to enter onto its property to perform grading work and construct the 72" storm pipe extension substantially as shown on the contract drawings, except that the energy dissipator structure will not be constructed thereby saving $52,500. However a temporary transition structure rock rip rap and extra grading costing an estimated $ 35,000 will be required if the pipes can't be constructed concurrently. 2. City will contribute $240,000 to Big Canyon to be used to design and construct the drainage system across the fairway. Big Canyon will pay the remaining portion of the cost and will maintain this system. If Big Canyon can construct their storm drain extension so that the temporary transition structure is not needed the City will also contribute the $ 35,000 saved to-- Big Canyon. 3. Big Canyon will also design and construct permanent landscaping on the embankment slope created by the City as part of the roadway widening. Irrigation for this landscaping will utilize • reclaimed water provided through the conversion program currently underway. Big Canyon will be responsible for maintaining the landscaping and irrigation systems. 4. Big Canyon will be responsible for installing any fencing or sound attenuation boundary walls which they deem appropriate for their property. 5. Big Canyon Estimates that the cost of work that they will contract will be $405,000. The establishment of the $240.000 contribution amount is as follows: • Revised Design Contract Bid Clear of Big Canyon Cooperative Work Item Design Property Agreement MacArthur Contract Items 72" RCP Storm Drain Pipe $ 23,000 $ 9,000 $23,000 Energy Dissipator 50,000 65,000 -0- Rock Riprap 2,500 2,500 5,000 Retaining Wall w/safety fence -0- 95,000 -0- Temporary Transition Structure 0 0 30,000 Additional Landscape and Maintenance Costs Slope Landscaping 75,000 65,000 -0- Maintenance of Drain Outlet for 25 25,000 25,000 -0- years Maintenance of Landscaping for 50,000 26,500 -0- 25 years Not Determined -0- 240,000 Payment to Big Canyon Country Club TOTALS $225,500 $298,000 $298,000 • • • E SUBJECT: MACARTHUR BOULa1ARD WIDENING - SEGMENT 2, BIG CANYOSOUNTRY CLUB FOR SLOPE AND STORM DRAINAGE CONSTRUCTION, CONTRACT NO. 2825 October 27, 1997 Page 3 The payment to the Big Canyon Country Club will be funded from projected contract savings due to reduced storm drain work at this location and at one other location. This savings is estimated to be $130,000. The remaining $145,000 will come from the funds encumbered to provide for unexpected work related to the project. The agreement will provide benefits to both the City and The Big Canyon Country Club. A long standing drainage problem will be solved on the golf club fairway. The City will solve a right of way issue and turn over a landscaping and maintenance responsibility to the Country Club. Mly sl�biGed, LIC WORKS DEPARTMENT Don Webb, Directo By: Gail Pickart Project Management Consultant \\ dp\sys\ groups\pubworks \98counc\oct- 27\macarth 7. doc THE COOPERATIVE AGREEMENT WILL BE DELIVERED WITH THE SUPPLEMENTAL ITEMS ON FRIDAY, OCTOBER 24TH Ll 0