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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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,
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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
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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
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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
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Big Canyon Country Club
a private corporation
By:
eh J. osing, M 4.
resid nt
11/12/97
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• • 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
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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