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HomeMy WebLinkAboutC-2825 - MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road Segment 1 (Construction Surveying & Civil Engineering Support Services)YC:CF 1 AMENDMENT NO.2 TO 2 COOPERATIVE AGREEMENT NO. C -95 -985 s BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF NEWPORT BEACH //// � A THIS AGREEMENT is made and entered into this day of d4a,ui s 2000, by and between the Orange County Transportation Authority, a public corporation of the State of 9 California (hereinafter referred to as "AUTHORITY "), and City of Newport Beach, a municipal 10 corporation (hereinafter referred to as "AGENCY "). 11 WITNESSETH: 12 WHEREAS, by Agreement No. C -95 -985 dated May 24, 1995, as changed by Amendment 13 No.1 dated September 21, 1999, AUTHORITY and AGENCY entered into an Agreement which 14 determined that AGENCY was eligible to receive funding under the Combined Transportation Funding 15 Programs (CTFP) as specified in the CTFP Manual and also the Bicycle and Pedestrian Facilities 16 Program; and 17 WHEREAS, periodic scheduled reviews approved by AUTHORITY and AGENCY may be 18 updated as required; and 19 WHEREAS, both parties have agreed to amend the list of projects set forth in Exhibit A; 20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as 21 follows: 22 Amend Exhibit A. "Combined Transportation Funding Programs (CTFP) Allocations ", to delete 23 the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding 24 Programs (CTFP) Allocations ", dated January 27, 2000" included in this Amendment as Attachment 25 No. 1 which is incorporated into and made a part of the Agreement. 26 / KL ICAL\WORDPROCWGREEWMENDWM25985 .DOC Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 AMENDMENT NO.2 TO AGREEMENT NO. C -95 -985 The balance of Agreement No. C -95 -985 remains unchanged. This Amendment shall be made effective upon execution by both parties and shall remain in effect until both parties agree to amend or terminate it. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. C -95 -985 to be executed on the effective date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY m QI APPROVED AS TO FORM: By (�W �` zx� CiWilkuwney Attest: By c Corey - Procurement APPROVED AS TO -FORM: By 4 Ke and R. Smart, Jr. General Counsel Page 2 of 2 0 ATTACHMENT i Combined Transportation Funding Programs (CTFP) Allocations - Open Projects Agreamanttl: C95-985 Amendment No. 2 187/00 Pmjw0 Paged Peelle P".nv FY92N2 FY92N1 FYWIS FY95p6 FY969] FY9796 FY9699 FY99N0 FYOOIOI F OIM2 FY026J2 FYOU(N "IN05 FYOSN9 FYO6N7 FY07108 FYObO9 FY09110 moill Newport Beach ' W4111CH A P-1016 Wine Avenue (Sanla90 IX In Tus9n C AHRP 62.087 _ Ave) 99NBCH1IP 1142 JNMolee aM Fad wtelsec0on C IIP 569,572 ITgOvemenls 99-NBCH-IIP-1142 Ja ee and Fad lntelsadbn E IIP 43)16 Improvements 99NWWUP-1142 Jm ee and Ford lnMae0lion R IIP 568.711 Improvements 96NBCH-AHP-10]] Jam ee Road (CoaS1 Hwy b Ban C AHRP 151.609 JoaWin H91S Rd) 996NBCH4lP-1143 MN 8l.IJa ee Rd. E IIP 67.220 Interd1.C9011 Impr. 90.NBCHdIP-1143 Mx . &IJamOnee Rd. R IIP 102.100 Inlersetlbn 9npr. WNSCHIIP-1142 meo W. 0.Wrele ee Rd. C IIP 720,2811 InIRMctgn 0npr. 91NSCHWPH 1099 MeCAMur&M (Pao0c Coast Hwy b C MPAH 2,197.5% 958.728 San Joaduin Hills Rd) 96-NBCH-AHP-1078 San Jaoc i Hilt; Road BAaFAITUI Io C AHRP IN.955 Mar9uerile NBCHAHP-10]9 San JOa9aln Road (Jamporee C AHRP 96NileHdi 2`+8.266 . Rd b MaWbur 8Md) 90.NBCH-IIP-1141 San M9W U, F. AmFa0o Ave. b C IIP 93.922 MaWNMr BI. 99NBCH-IIP-1111 $an Miq H p. Fmm AmtadO Ave. b E IIP 11.038 MxAMur BI. 97-NBCH-GMA-1120 SR -S5 R-12 COmecfw-B- Plojecl C GMA98 250.000 0 PROFESSIONAL SERVICES AGREEMENT ARCHAEOLOGICAL AND PALEONTOLOGICAL MONITORING SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 2 CONTRACT NO. 2825 THIS AGREEMENT, entered into this `k day of June, 1997, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and LSA ASSOCIATES, INC. whose address is One Park Plaza, Suite 500, Irvine, CA 92714 (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City is planning to implement Segment 2 of the MacArthur Boulevard Widening project which is identified as Contract No. 2825 (F) and is hereinafter referred to as "Project." C. City desires to engage Consultant to provide archaeological and paleontological monitoring services during grading and trench excavation operations for Project upon the terms and conditions contained in this as Agreement. D. The principal members of Consultant for the purpose of this Project are Les Card, Steven W. Conkling, Ivan Strudwick, and Deborah McLean. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the 10th day of June 1997, and shall terminate on the 31st day of December, 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "A" 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 -2- LI 0 compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of thirty -three thousand dollars($33,000.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly baois 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 "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in -3- advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by :ity 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 beycnd Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not ME an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, snd any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has.designated Deborah McLean to be its Project Manager. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City -5- • Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule prepared by the construction contractor and upon request by the Construction Manager. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURA14CE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers' compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as -7- 0 described herein. 0 All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Workers' compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third parry liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000.00). 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 9 0 writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be M construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. -10- 0 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 through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The City Engineer shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. -11- 0 19. RECORDS 0 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. Consultnnt shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have -12- 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 Cor- ,Vtant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without -13- 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: Attention: Les Card LSA Associates, Inc. One Park Plaza, Suite 500 Irvine, CA 92614 (714)553 -0666 Fax 553 -8076 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period -14- 0 0 of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting parry 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 shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or -15- 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: Robin Clauson Assistant City Atton ,ey City of Newport Beach ATTEST: By: afoU" /)i, LaVonne Harkless City Clerk F Acat\da\ag\profserv.doc 05 -22 -97 -16- CITY OF NEWPORT BEACH A Municipal Corporation By: a or C' of Newport Bead CONSULTANT LSA Associates, Inc. E LSA EXHIBIT "A "' • LSA Associates, Inc. Environmental Analysis Transportation Engineering Resource Management Community Planning Ecological Restoration Archaeology and Paleontology Principals May 19, 1997 Rob Balen Les Card Mr. Gail Pickart Stew Granbolm City of Newport Beach, Public Works Department Richard Harlacber 3300 Newport Boulevard, P.O. Box 1768 Roger Harris Newport Beach, California 92659 -1768 Art Homrigbausen Lam Kennings Subject: Proposal for Archaeological and Paleontological Resource Monitoring for Carollpn L °bell the MacArthur Boulevard Widening II Project, City of Newport Beach, BiuMayer Orange County, California Rob VcCann Rob Scbonimltz Dear Mr. Pickart: Malcolm J. Sproul LSA Associates, Inc. (LSA) is pleased to submit the attached scope of work and cost estimate for archaeological and paleontological resource monitoring for the Mac- Arthur Boulevard Widening II Project, City of Newport Beach, Orange County, Deborah Baer California. James Baum Conme Calica LSA will complete the project as described in the attached scope of work. This str..n if: Conklmg scope of work is based on the requirements established in the meeting of May 15, Ross br teen 1997, between Gail Pickart and LSA Gn't Dn: L), d °" For the purposes of this proposal, LSA provided costs for full -time monitoring for Kev... ..cbe, 75 days. If grading time is reduced, total monitoring costs will be reduced; con - Clint Kc!(nrr versely, if monitoring is required for more than the amount estimated, a budget Karen Kurland adjustment may be required. Costs for monitoring and reports are based on Laura Lauer negative findings. If either archaeological or extensive paleontological resources Ben,o.; Ler Saban.: Xicb ll, are encountered, a budget augment may be required. We estimate that the at- .u. We 'Bd!'O'Connell tached scope of work can be completed for $33,000. LSA will not exceed this Antbo,,, Mtros amount without your prior authorization. Jill \C'ilson Llo,dB. zol.; If you are in agreement with the provisions of this proposal, please prepare a contract for LSA to sign. We look forward to continuing our relationship with the City of Newport Beach. LSA is prepared to commence work on this project upon your authorization. If you have any questions or comments, please contact me at (714) 553-0666. Sincerely, LSA ASSOCIATES, INC.. Deborah McLean Project Manager, Orange County Certified Archaeologist Attachments: Scope of Work and Budget 5/ 13r 97- L:\PROPOSALV.7Z7261LLE'1-IER. WPD* Onc Park Plaza,.l'uite 500 T dcpbmre 714 553 -0666 /rme. Cab(ornia 92614 farnmdr 714 553 -8076 Prepared for City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Prepared by LSA Associates, Inc. One Park Plaza, Suite 500 Irvine, California 92614 Attn: Deborah McLean (714) 553 -0666 LSA Job Number: ZZZ726i May 20, 1997 MacArthur Boulevard Widening II Cultural / Paleontological Resources Introduction MA Associates, Inc . .......................... 1 General Work Approach Organization and Key Personnel ................ 2 NEPA/CEQA Compliance ...................... 3 Licenses and Certifications ..................... 3 Project Management and Control . .............. 3 NEPA/CEQA Compliance Flow Chart ............ 4 Scope of Work Cultural Resources .......................... 5 Paleontological Resources ..................... 6 Budget Budget..... ............................... 8 May 19, 1997.LIPROPosALLzzz726iiiocARc- i - LSA Associates, Inc. MacArthur Boulevard Widening H Cultural /Paleontological Resources LSA Associates, Inc. LSA Associates, Inc. (LSA) is a diversified envirottmen- tal, transportation, and community planning consult- ing firm. We are thoroughly familiar with the Califor- nia Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) processes. CEQA/NEPA Processing Skills • Coordination with local, State, and federal agencies • Management of public participation programs • Issuance of legal notices • Incorporation of environmental documents into plan- ning processes • Knowledge of permitting procedures During our 20 years in the environmental consulting field, we have worked closely with a number of State and federal agencies, including the California Depart- ment of Fish and Game (CDFG), Department of Wa- ter Resources, Regional Water Quality Control Board (RQWCB), and Coastal Commission, as well as the U.S. Army Corps of Engineers (Corps), Bureau of Land Management (BLM), Forest Service, and U.S. Fish and Wildlife Service (USFWS). Our knowledge of environmental processes, augmented by our practical understanding of land use and environmental permit- ting, has contributed greatly to LSA's record of suc- cess. We are recognized as innovators in the field of environmental impact assessment, and have a repu- tation among clients and professional peers as being thorough, creative, and objective. Professional Capabilities LSA is an employee owned environmental, transporta. tion, and community planning firm with offices in Irvine, Riverside, Rocklin, and Pt. Richmond, Califor. nia. Since its founding in 1976, LSA has advanced from a small firm of a few in -house specialists to a full service consulting firm with a staff of 69 full-time em- ployees and 28 part-time /project hire staff. Staff in. cludes vegetation and wildlife management biologists; planners and engineers with expertise in environmen- tal, land use, and transportation assessments; air quality, acoustical, and hydrology specialists; archae- ologists, paleontologists, and historians; civil and traf- fic engineers; and professional foresters. To better serve our clients' needs, LSA is organized into five divisions: Environmental, Natural Resources, Cultural Resources, Community Planning, and Transportation. Technical Divisions • Cultural Resources • Environmental • Natural Resources • Transportation • Community Planning The Cultural /Paleontological Resources Division pro- vides archaeological, historical, and paleontological consulting services that fulfill California Environmen- tal Quality (CEQA), National Environmental Policy Act (NEPA), and local cultural resource requirements. Relevant Cultural/Paleontological Resource Services • Archaeological /paleontological archival reviews • Reconnaissance surveys • Intensive surveys • Cultural resource inventories • Review of resources for the National Register of Historic Places • Preservation platy • Educational displays • Cultural /paleontological resourcepolicy and procedureprograms We identify cultural resources and evaluate their significance during a project's planning phases, then develop implementable procedures to protect or miti- gate any adverse effects on the cultural resources. LSA's staff archaeologists, project historians and pale- ontologists have extensive experience and capabilities in archival and field research, as well as report prepa- ration, having completed numerous public and pri- vate projects throughout Northern and Southern Cali- fornia. Our personnel are accredited by the Society of Professional Archaeologists (SOPA), as well as by various governmental agencies. May 19. 1997.LIPROr0s4tvzz72619vrxoREV. - I - LSA Associates, Inc. MacArthur Boulevard Widening H Cultural /Paleontological Resources LSA's strength in other technical fields complements our cultural and paleontological resource expertise. Our Environmental Division has prepared hundreds of Environmental Impact Reports/Environmental Im- pact Statement (EIR/EIS) and other environmental documents, and is thoroughly familiar with the CEQA and NEPA processes. The Natural Resources Division has extensive expe- rience in evaluation and effective management of bio- logical resources. We are well qualified in the prepa- ration of biological resource inventories, constraints analyses and impact assessments, and have extensive experience in the areas of wetland analyses and en- dangered species identification. In addition, LSA de- Organization and Key Personnel ISA maintains a highly qualified core group of archae- ological and paleontological specialists. These indi- viduals have cumulatively worked on archaeological and paleontological projects in Orange County for over 60 years. Brief biographies of LSA staff are pro- vided elsewhere in this proposal. Overall project management and certified paleon- tological services are the responsibility of Steve Conkling. Mr. Conkling is the Director of the Cul- tural/Paleontological Resources Division for LSA. Mr. Conkling serves as the point of contact for all phases of projects, and coordinates all other project staff. Mr. Conkling has 30 years of experience in paleontol- ogy, 17 of which have been as a professional paleon- tologist. Mr. Conkling has worked in Southern Cali- fornia for over 11 years. Deborah McLean provides archaeological/historical services and is the Corps of Engineer's Section 106 coordinator for projects. Ms. Mclean, a Project Manager for LSA, has worked in Southern California for 12 years. She is an Orange County Certified Ar- chaeologist. She coordinates all archaeological inves- tigations, provides cultural resource report quality control, and coordinates all Section 106 /Caltrans compliance. Ivan Strudwick is lSA's Society of Professional Archae- ologists (SOPA) certified archaeologist. He is also certified by Orange, Ventura, and San Diego counties. Mr. Strudwick is a Project Scientist for LSA. He di- signs and implements restoration work on disturbed sensitive biological areas. The Transportation Division offers comprehensive transportation engineering services for all aspects of transportation planning and engineering projects. LSA has also developed a reputation as effective con- sultants for development review and project process- ing as a function of transportation issues. The Community Planning Division is organized to provide planning services in the preparation of General Plans, Specific Plans, and local coastal plans; public participation programs; permit processing; and redevelopment project area formation. recta all archaeological field programs, including data recovery, testing, and surveys. He also con- ducts comprehensive historical research. Mr. Strudwick has over 16 years of experience in South- ern California. Lloyd Sample, LSA Field Director, coordinates all field staffing, scheduling, and salvage oversight for projects. Mr. Sample is specifically responsible for providing an immediate response to all time critical project issues. Mr. Sample has worked on Southern California paleontological and archaeological projects for over five years. Monitoring and fieldwork are provided through LSA's pool of qualified staff. Depending on workload and current projects, LSA maintains a staff of 3 to 12 field crew members. These individuals are highly qualified, and capable of performing on -site resource assessments and removals. By employing highly trained individuals, LSA can handle cultural or paleontological resource finds as pan of the regular operating day on a construction site. This results in reduced costs to clients, because a special crew is not required and redirection of equipment is kept to the absolute minimum. LSA also uses monitors who are trained in both archaeological and paleontological resource monitoring. This enables LSA to place a sin- gle monitor in the field where many firms employ two individuals. M a y 19, 1997 .L:WR0P0S4LL7ZZ7261VN7R0 .REV. - 2 - LSA Associates, Inc. MacArthur Boulevard Widening H Cultural / Paleontological Resources NEPA/CEQA Compliance ISA has extensive experience coordinating CEQA and NEPA cultural resource management issues. We are experienced in coordinating review schedules within larger project time frames and have a positive work- ing relationship with the Corps of Engineers, State Historic Preservation Officer, Native American Heri- tage Commission, and local Native American Tribes. LSA works to be proactive in coordinating cultural resource schedules. A flow chart of the NEPA/CEQA process is provided. Licenses and Certifications Orange County Certified Paleontologist - S. Conkling Orange County Certified Archaeologist - D. McLean, I. Strudwick Society of Professional Archaeologists Certification - I. Strudwick Project Management and Control Project Quality Assurance /Quality Control LSA has a Quality Control/Quality Assurance Plan in place that establishes procedures to ensure outstand- ing products and services at cost-effective prices. Review of all documents is completed by technical reviewers, and oversight is provided by a Principal in Charge, who ensures that all products conform to LSA standards and are in compliance with applicable regulations. The Principal in Charge also ensures that sufficient staff resources are allocated to each project and that LSA complies with all contractual terms. Flow Chart M a y 19, 1997 .r:wxorosnrvzz726ivNrao.xav - - 3 - LSAAss"taus, Inc. STATE (CEPA) REVIEW No Reroutes ASSESSMENT PHASE Resources P,esenl Nol Gligib/e Determination of Potential Eligihilitp for the California Eligible A'n F,etl Nn Determination of Effect ,verse F.((ec! (Infmn;Adverse ct Data Recovery LSA FEDERAL (NEPA/SECTION 106) REVIEW E1wIRONME/VTAL D OCUMEWATION -------- ♦ OR ---� EIR/ED 4-----T6STINC I PRQIEcr PROCEEDS I ASSESSMENT PHASE* Resources Present Determination of Potential Eli¢ibility for the National I Not Eligible Determination of Effect* (Formal) Adverse Effect Memorandum of Agreement "clopnlent* Data Recovery* *Steps occur under review of federal Agency and State Historic Preservation Cgice. Cultural Resource Management MacArthur Boulevard Widening H Cultural / Paleontological Resources Task 1.0: Meetings LSA will attend the preconstruction meeting, and will be prepared to explain monitoring procedures to any contractors who are unfamiliar with these proce- dures. LSA will be available to attend an additional meeting, in the event there is the need to further dis- cuss monitoring procedures. Task 2.0: Monitoring LSA utilizes field monitors who are trained in both archaeology and paleontology. Thus, we are able to field one monitor for both disciplines. The archaeo- logical monitor and paleontological monitor will be one and the same person. Archaeological material consists of objects modified or used by people in the past. Such material usually occurs only in the upper three to six feet of soll. Monitoring of grubbing and clearing of all areas to be cut or filled is required. In addition, monitoring of the removal of alluvium in cut areas is also required. A monitor will be required for each area being graded that is separated by more than 500 feet from another area being graded. The following procedures will be implemented during monitoring: • If individual artifacts are exposed during monitoring, they will be mapped in situ, col- lected, analyzed in our laboratory, cata- logued, and curated. A curation agreement with an authorized facility will need to be established. LSA recommends curatiog the artifacts at California State University, Fullerton, where the collection will be avail- able for future studies. The location of curation is, however, the choice of the City of Newport Beach (City). Budget for laboratory analysis, cataloging, and curation is not in- cluded in this proposal. • If a feature (cluster of in situ artifacts, intact hearth, foundation, etc.) is exposed during monitoring, grading operations will need to be diverted briefly until the project archaeol- ogist has had the opportunity to assess the find and make appropriate recommenda- tions. if excavation is required, it will be ac- complished expediently. As in the above con- dition, the feature will be mapped in situ, and artifacts will be collected, analyzed in our laboratory, catalogued and curated. Budget for feature excavation is not included in this proposal. If a site (a large defined space with more or less continuous archaeological evidence) is discovered during monitoring, grading operations will be diverted until the project archaeologist assesses the find and makes appropriate recommendations. A test excava- tion may be required. Budget for testing is not included in this proposal. if, following testing, the project archaeologist determines that the site retains its integrity and has the potential to answer important research questions, a data recovery program may be conducted. This will constitute mitigation of construction impacts. The pro- ject archaeologist will inform the City and the contractor of the estimated time required for mitigation. During archaeological mitiga- tion, earth moving within 100 feet of the site will be halted. The budget for data recovery is not included in this proposal. if any human remains are exposed during monitoring, project related activities in the immediate vicinity of the find will be tempo- rarily diverted. The Orange County Coroner must be contacted within 24 hours (by LSA) to determine whether the remains are recent. If the remains are determined not to be re- cent, LSA will immediately confer with the City as to the appropriate agency or organiza- tion to contact for a determination of the most likely descendent (MLD). The MLD will have the opportunity to become involved with the disposition of the remains after the remains have been scientifically analyzed. The budget for burial analysis is not included in this proposal. After mitigation of site impacts has been com- pleted, and if additional cultural material is exposed by grading in the same site, addi- tional hand excavation will not be required M a y 19, 1997tc:uPnorosuv7z72erucors.. RCi - S - LSAAssociatrs, Inc. MacArthur Boulevard Widening H Cultural / Paleontological Resources unless the additional material represents a new kind of data not recovered during previ- ous data recovery at that site. Such new data would consist of artifact classes and features not recovered during previous mitigation. Features may include hearths and burials. The budget for this additional excavation is not included in this proposal. Even if no ad- ditional hand excavation is required, the newly exposed material will be mapped and collected. Task 3.0: Monitoring Report If the results of monitoring are negative, LSA will pre- pare a letter report of negative findings. This will be a brief report containing the results of monitoring. If the results of monitoring are positive, LSA will de- velop a detailed archaeological monitoring report consistent with the Office of Historic Preservation's Arcbaeological Resource Management Reports (ARMR): Recommended Contents and Format. The report will contain a management summary; discus- sion about the cultural setting; research design, if necessary; records search; research findings; manage- ment considerations (including mitigation and avoid- ance recommendations); and a confidential appendix (if any sites are documented) containing all propri- etary site information. Budget for a positive findings report is not included in this proposal. Task 4.0: Meetings LSA will attend the preconstruction meeting, and will be prepared to explain monitoring procedures to any contractors who are unfamiliar with these proce- dures. ISA will be available to attend an additional meeting, in the event there is the need to further dis- cuss monitoring procedures. Task 5.0. Monitoring LSA utilizes field monitors who are trained in both paleontology and archaeology. Thus we are able to field one monitor for both disciplines. The paleontological monitor and archaeological monitor will be one and the same person. Paleontological resources consist of the fossil remains of animal and plants, and can occur in any sedimen- tary rock. Paleontological monitoring will be per- formed by ISA crew members who have paleontological monitoring experience. A paleontological monitor will be required only when cutting operations are being conducted in formations that have the potential to produce fossils. Monitoring of a particular cut will cease when each cutting opera- tion reaches final grade. If fossil material is found, the following procedures will be implemented: Grading may be temporarily diverted within 100 feet of the discovery so that the monitor can determine whether the fossil represents a vertebrate animal, an invertebrate animal, or a plant. If the fossils are plants or invertebrates, the monitor will collect a sample of the material and record its location. Grading may then continue. If the fossils are vertebrates, the monitor will contact the project paleontologist, who will evaluate the fossils within four hours. He will determine the significance of the discovery and decide what recovery method should be employed. Large individual specimens such as whales, or concentrations of specimens, will require additional crew to expose the specimen, prepare a plaster jacket, and re- move it. Individual specimens normally require no more than one day to remove. The budget for salvage is not included in this proposal. If a large collection of specimens is recov- ered, these may require laboratory work (to be carried out by crew members). This work could include: cleaning, preparation to the point of identification, identification, and analysis. The amount of time necessary for laboratory work will vary with the type and condition of the recovered material. Unless unexpected, unusual deposits of fossils are recovered (e.g. more than 100 specimens or extremely large fossils like whales or mam- moths), the estimates in this report should cover all paleontological mitigation. M a y 19, 1997 (L:WROros4LVZ7726fL5corEtRC) - 6 - LSA Associates, Inc. • • MacArthur Boulevard Widening 11 Cultural /Paleontological Resources Task 6.0. Monitoring Report If the results of monitoring are negative, LSA will pre- pare a letter report of negative findings. This will be a brief report containing the results of monitoring. if the results of monitoring are positive, LSA will de- velop a detailed paleontological assessment report consistent with the Society of Vertebrate Paleontology standards. The report will contain a management summary; discussion about the geological and paleontological setting; research design, if necessary; survey methodology; research findings; management considerations (including mitigation recommenda- tions); and a confidential appendix (if fossil localities are recorded) containing all proprietary site informa- tion. The monitoring report will also include informa- tion on the disposition and curation of any fossils recovered. M a y 19, 1997(L: iPeoPOSnLIZZ77z6iLscoreaec) - 7 - LSA Associates, Inc. # • MacArthur Boulevard Widening II Cultural/ Paleontological Resources Introduction The following represents a cost estimate of the tasks to be completed. Monitoring costs are usually based on the number of grading days for which a client esti. mates services of a monitor will be required. If grading is completed in less time, the monitoring costs will be reduced. If additional time is required for monitoring (e.g., as necessitated by the presence of fossil/cultural resources), these costs will be increased. Daily moni- toring and supervision costs are based on one monitor for one eight hour day. Individual task costs may vary from these budget estimates. However, the total esti- mated budget of $33,000 will not be exceeded without the prior authorization of the City of Newport Beach. Task 1.0 and 4.0. Meeting Attendance Preconstmction Meeting Attendance Orange County Certified Archaeologist $ 260 Certified Paleontologist 340 Additional Meetings: Certified Archaeologist $65/hour Certified Paleontologist $85/hour Task 2.0 and 5.0. Monitoring Monitoring (based on one archaeological/ paleontological monitor for 75 eight hour days, including supervision and oversight by the Certified Archaeologist, Certified Paleontologist, and Principal -in- Charge r rtr Task 3.0 and 6 0. Monitoring Reports Report preparation, production and circulation based on negative findings as discussed in the Scope of Work. Archaeological Report 1,075 Paleontological Report 1,325 May 19, 1997- i-noposuL=726iLBuDGETjwv. .8- LSA Associates, Inc. 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION SURVEYING AND CIVIL ENGINEERING SUPPORT SERVICES DURING CONSTRUCTION OF MACARTHUR BOULEVARD WIDENING - SEGMENT 2 This AMENDMENT NO. 1 to PROFESSIONAL SERVICES AGREEMENT, made and entered into this day of 1997, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and ROBERT BEIN, WILLIAM FROST & ASSOCIATES, a California corporation, whose address is 14725 Alton Parkway, Irvine, CA 92619 -7057, (hereinafter referred to as "CONSULTANT'), is made with reference to the following:' RECITALS: A.. On June 23, 1997, a Professional Services Agreement was entered into by and between CITY and CONSULTANT, (hereinafter referred to as "AGREEMENT ") to provide professional civil engineering services involving survey control, quantity verification, quality assurance and design clarification in support of construction activities for Segment 2 of the MacArthur Boulevard Widening project. B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include storm drainage and grading redesign, legal description and exhibit preparation, and record drawing documentation as set forth in CONSULTANT'S proposal dated November 25, 1997, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 0 2. Compensation to be paid to CONSULTANT for such additional scope of services shall be in accordance with a not -to- exceed budget of $43,102 as set forth in CONSULTANT'S proposal dated November 25, 1997, which is identified as Exhibit "B" and is attached hereto and incorporated herein by reference. 3. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $43,102 from $24,900 to $68,002. 4. Except as expressly modified herein, all other provisions, terms, and convenants 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. ATTEST: City Clerk \ \dp\sys \groups\pubwo rks\agmt\98 \frostt .do CITY OF NEWPORT BEACH, a municipal�gorporation ;A CONSULTANT B Robert ein, Wi i Frost & Associates A�occ�kC I'. Robert Bein, William Frost & Aciates • Contract Agreement with the City of Newport Beach November 25 1997 EXHIBIT "A" SCOPE OF SERVICES Task 1- Detention Basin Design Consultant has completed revisions to the plans to include a detention basin on the easterly side of MacArthur Boulevard, south of Ford Road (Bonita Canyon Road) as shown on the plans. This modification was required so as to utilize the existing 45" storm drain to convey the entire ultimate discharge across MacArthur Boulevard through the Big Canyon Villas Apartment complex and onto the Big Canyon Golf Course. Initially, the City had hoped to acquire the rights from the Big Canyon Villas to construct a 60" storm drain across MacArthur Boulevard and through the Villas property. This approach proved infeasible. It was therefore necessary to provide detention of flows so that the capacity of the existing storm drain system was not exceeded. The detention basin was designed for a 25 -year storm frequency to match the design frequency of the downstream storm drain system. Flow to the proposed detention basin is conveyed through an existing 36 -inch RCP from Tract No. 6622 to the east and from local drainage. The design of the detention basin was based on the capacity of the 36 -inch and not on the ultimate 25 -year discharge which could get to the site. It is assumed that the difference of flows between the capacity of the 36 -inch pipe and the ultimate 25 -year discharge will be stored in the local street system upstream of the proposed basin. Tasks associated with the design of the Detention Basin were as follows: Determine the size of the Detention Basin required to ensure that the capacity of the existing downstream drainage system was not exceeded. 2. Determine the location of the proposed Detention Basin to satisfy the physical constraints of the site. 3. Revise the drainage system alignment from the proposed Detention Basin to the existing 45 -inch storm drain at Street Station 193 +60. 4. Revise the storm drain hydraulics from the existing 60 -inch RCP at the Big Canyon Golf Course to the proposed Detention Basin to verify its proper functioning. 5. Design the outlet structure from the Detention Basin to regulate the flows from the basin so as not to exceed the capacity of the downstream drainage system. The outlet structure was designed as a "Bubbler" Structure. Low flows will bypass the Detention Basin. Only the peak flows of the hydrograph will be stored in the basin. Robert Bein, William Frost & A`ss'ociates • Contract Agreement with the City of Newport Beach November 25, 1997 6. Perform a basin routing analysis to model the inflow and outflow in the proposed Detention Basin. Task 2 - Storm Drain Profile Revisions Consultant completed revisions to several of the storm drain lines in System 8 (approximately Street Station 176 +00) to accommodate physical constraints resulting from construction staging and traffic handling. Tasks associated with the storm drain revisions included the following: 1. Lowering several storm drain lines and laterals on the west side of MacArthur Boulevard to approximately three (3) feet below the interim grades to provide for staged construction. 2. Revise the hydraulics of the storm drain system. Task 3 - Grading Plan Revisions Consultant revised the grading plans to reflect the proposed detention basin ( St. Sta 189 +00) and grading of the existing detention basin ( St. Sta. 194 +00) and the revised storm drain alignments. Task 4 - Energy Dissipator Relocation Consultant revised the Energy Dissipator located at approximately Street Station 176 +00 to be completely within the roadway right -of -way. Tasks associated with the relocation were as follows: 1. The energy dissipator was relocated to be completely within the road right -of -way. 2. A structural analysis of the revised energy dissipator was performed. A portion of the dissipator was proposed to be embedded into the roadway slope. The current design of the dissipator is based on an APWA standard plan. A top slab for the dissipator was required to be designed as it is not a part of the standard plan. 3. Additional construction details were designed for the dissipator 4. The improvement plans for MacArthur Boulevard - Segment 2 were revised. 5. The hydraulics for the storm drain system were not revised since the final design of the energy dissipator has not yet been decided. An estimate of the flow velocities exiting the dissipator will need to be computed. Robert Bein, William Frost & A15'ociates • Contract Agreement with the City of Newport Beach November 25 1997 Task 5 - Engineering Design Report Consultant revised the Engineering Design Report for Segment 2 to reflect the modifications identified above. Analyzes revised as a result of the above revisions to the plans are as follows: 1. Detention basin routing analysis to determine basin inflow, outflow and required storage volume. The inflow to the basin was determined to be 78.8 cfs. The outflow from the basin was determined to be 41.5 cfs. The detention basin storage volume was determined to be 2.37 acre -feet including 2.5 feet of freeboard. 2. Local hydrology for the storm drain system which includes the proposed detention basin. These revisions were necessary due to the addition of the detention basin and the realignment of the storm drain. 3. Realignment of storm drain to include the proposed detention basin. 4. Hydraulics for the drainage system which includes the proposed detention basin (System 10). 5. Revised hydraulics for storm drain system at approximately Street Station 176 +00 (System 8). 6. Revised quantities for System 10. Task 6 - Legal Descriptions and Exhibits Consultant shall prepare two (2) legal descriptions and exhibits for submittal to the City. These legal descriptions and exhibits will be used as a part of the process of acquiring the property in the Big Canyon area between the Nature Park and MacArthur Boulevard and the remaining Freeway Reservation North property. Task 7 - Construction Assistance Consultant will assist the City in resolving issues that arise during the course of construction. This task may include answering questions by telephone or in the field, providing construction details as requested by the City and attendance at construction meetings. Task 8 - Record Drawings Consultant shall prepare record drawings (utilizing the existing vellums) for each segment of MacArthur Boulevard. The record drawings for Segment 1 will consist of approximately 173 sheets and the record drawings for Segment 2 will consist of approximately 133 sheets. The record drawings will be prepared based on "markups" provided by the Construction Manager. .. • 0 v 0 y 0 mw o W 3 a¢ C So U L 0 a N O v eu 0 d 3 A _v � N A � Y d � � m z dz u R v •O ++ w aLwG 0 a F W � W b d3 Q\ fA ti fA t•i f9 N Yi N Yi l� fR O\ fA e7 � F � O x Ca u O x a O x F 0 u •� .r � w a O x ti � N O O O ��•I W N 'fir O VI V1 VI O N V1 h O\ V] ny V3 Yi Vi 'y � Vi rI O u � � N 0 4f H9 (A fA N W 0 x v y •y A C u A a o O in o� d R C7 O d W a G W W O O .dl � m h O U h u a �a' Q z 0 a 0 0 December 8, 1997 CITY COUNCIL AGENDA ITEM NO. TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: MACARTHUR BOULEVARD WIDENING - SEGMENT 2, AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBERT BEIN, WILLIAM FROST & ASSOCIATES. RECOMMENDATIONS: 1. Approve Amendment No. 1 to Professional Services Agreement with Robert Bein, William Frost & Associates authorizing additional civil engineering services and compensation in an amount of $43,102 to support Segment 2 construction of the MacArthur Boulevard Widening project. 2. Authorize the Mayor and City Clerk to sign Amendment No. 1 on behalf of the City. DISCUSSION: On June 9, 1997, the City Council awarded the contract for Segment 2 construction of the MacArthur Boulevard Widening project to the Griffith Company. Segment 2 construction extends from San Joaquin Hills Road to Ford Road. The City Council concurrently approved several Professional Services Agreements with private consulting firms to provide support for the construction operations. One of the Agreements is with Robert Bein, William Frost & Associates (RBF), the widening project's design firm, and it provided for construction surveying control, quantity verification, review of materials submittals and shop drawings, and design clarification. A budget amount of $24,900 was authorized for these services. The slope and storm drainage design set forth on the contract drawings involved work at two locations outside the street right -of -way and beyond property owned by The Irvine Company. A Right -of -Entry was requested from the two owners (Big Canyon Country Club and Big Canyon Villas Community Association) whose property would be impacted by the construction work. As the possibility of obtaining the necessary Right - of -Entry became increasingly unlikely, staff authorized RBF to use the budget established for construction support to prepare alternative designs. The alternative design for the Big Canyon Country Club location involved a segmental retaining wall to keep the bottom of the embankment slope from extending onto the Golf Course. It also involved shortening the 72" storm drain pipe extension and modifying the energy dissipator structure to have a solid top and be buried in the fill slope. Shortly after the alternative design was prepared, staff was able to negotiate a Cooperative Agreement with Big Canyon Country; that Agreement was approved by the City Council on November 10, 1997, and has now been fully executed, thereby making the alternative design unnecessary. 67 Is Decembe� 8, 1997 CITY COUNCIL AGENDA 3 CITY OF EvvP4flT t TO: Mayor and Members of the City Council FROM: Public Works Department e -a8a DEC 81997 SUBJECT: MACARTHUR BOULEVARD WIDENING - JGME LT2,__A,MENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBERT REIN, WILLIAM FROST & ASSOCIATES. RECOMMENDATIONS: 1. Approve Amendment No. 1 to Professional Services Agreement with Robert Bein, William Frost & Associates authorizing additional civil engineering services and compensation in an amount of $43,102 to support Segment 2 construction of the MacArthur Boulevard Widening project. 2. Authorize the Mayor and City Clerk to sign Amendment No. 1 on behalf of the City. DISCUSSION: On June 9, 1997, the City Council awarded the contract for Segment 2 construction of the MacArthur Boulevard Widening project to the Griffith Company. Segment 2 construction extends from San Joaquin Hills Road to Ford Road. The City Council concurrently approved several Professional Services Agreements with private consulting firms to provide support for the construction operations. One of the Agreements is with Robert Bein, William Frost & Associates (RBF), the widening project's design firm, and it provided for construction surveying control, quantity verification, review of materials submittals and shop drawings, and design clarification. A budget amount of $24,900 was authorized for these services. The slope and storm drainage design set forth on the contract drawings involved work at two locations outside the street right -of -way and beyond property owned by The Irvine Company. A Right -of -Entry was requested from the two owners (Big Canyon Country Club and Big Canyon Villas Community Association) whose property would be impacted by the construction work. As the possibility of obtaining the necessary Right - of -Entry became increasingly unlikely, staff authorized RBF to use the budget established for construction support to prepare alternative designs. The alternative design for the Big Canyon Country Club location involved a segmental retaining wall to keep the bottom of the embankment slope from extending onto the Golf Course. It also involved shortening the 72" storm drain pipe extension and modifying the energy dissipator structure to have a solid top and be buried in the fill slope. Shortly after the alternative design was prepared, staff was able to negotiate a Cooperative Agreement with Big Canyon Country; that Agreement was approved by the . City Council on November 10, 1997, and has now been fully executed, thereby making the alternative design unnecessary. SUBJECT: MACARTHUIOULEVARD WIDENING - SEGMENT' AMENDMENT NO. 1 TO PROFESSION L SERVICES AGREEMENT WITH ROBE T REIN, WILLIAM FROST & ASSOCIATES December 8, 1997 Page 2 • The alternative design for the Big Canyon Villas location involved modifying the underground storm drain pipe sizes and revising the Freeway Reservation open space grading to create a "bubble -up" detention basin to handle the peak runoff volumes that cannot be accommodated by the existing underground downstream pipes through the Big Canyon Villas private streets. This alternative design becomes more feasible in view of The Irvine Company's relinquishment of entitlement for 35 residential dwelling units on the Freeway Reservation North property situated along the easterly side of MacArthur Boulevard and southerly of the Ford Road cul -de -sac. Construction activities will implement the revised storm drainage design for the Big Canyon Villas location. The effect of preparing the alternative slope and storm drainage designs was to exhaust the budget established for Segment 2 construction support at a point in the project where work is only approximately 10% complete. Therefore, RBF has submitted a proposal describing the services that are outside the scope of the initial support services agreement and their corresponding compensation amounts. The descriptions are incorporated into Amendment No. 1 which is attached hereto as an exhibit. Amendment No. 1 also authorizes two items of work that were not previously identified. One item establishes a budget for legal descriptions and exhibits for conveying portions of the Freeway Reservation open space along the easterly side of MacArthur from The Irvine Company to the City. The other item provides for adding "as- built" information to the improvement plans for both Segments 1 and 2. Staff recommends approval of Amendment No. 1 to RBF's Agreement for civil engineering services in support of construction. Funds are available in the Circulation and Transportation account (7432 C5100066) to cover the additional authorization of $43,102 increasing the initial authorization from $24,90.0 to $68,002. Respectfully submitted, (ic-�� PUBLIC WORKS DEPARTMENT DON WEBB, DIRECTOR By,�' Gal Pickart Project Manager Consultant Attachment: Agreement • 1:\ groups\ pubworks \98 - counc \dec -8 \macarthu.doc AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION SURVEYING AND CIVIL ENGINEERING SUPPORT SERVICES DURING CONSTRUCTION OF MACARTHUR BOULEVARD WIDENING - SEGMENT 2 This AMENDMENT NO. 1 to PROFESSIONAL SERVICES AGREEMENT, made and entered into this day of 1997, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and ROBERT BEIN, WILLIAM FROST & ASSOCIATES, a California corporation, whose address is 14725 Alton Parkway, Irvine, CA 92619 -7057, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: • A. On June 23, 1997, a Professional Services Agreement was entered into by and between CITY and CONSULTANT, (hereinafter referred to as 'AGREEMENT ") to provide professional civil engineering services involving survey control, quantity verification, quality assurance and design clarification in support of construction activities for Segment 2 of the MacArthur Boulevard Widening project. B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include storm drainage and grading redesign, legal description and exhibit preparation, and record drawing documentation as set forth in CONSULTANT'S proposal dated November 25, 1997, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 0 2. Compensation to be paid to CONSULTANT for such additional scope of services shall be in accordance with a not -to- exceed budget of $43,102 as set forth in CONSULTANT'S proposal dated November 25, 1997, which is identified as Exhibit "B" and is attached hereto and incorporated herein by reference. 3. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $43,102 from $24,900 to $68,002. 4. Except as expressly modified herein, all other provisions, terms, and convenants 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 \\dp\sys\g ro ups\pubwo rks\98-ag mts\f rostl .doc CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor CONSULTANT MIN Oil Robert Bein, William Frost & Associates n LJ Robert Bein, William Frost Aociates Contract Agreement with the City of Newport Beach November 25,1997 Is EXHIBIT "A" SCOPE OF SERVICES Task 1 - Detention Basin Design Consultant has completed revisions to the plans to include a detention basin on the easterly side of MacArthur Boulevard, south of Ford Road (Bonita Canyon Road) as shown on the plans. This modification was required so as to utilize the existing 45" storm drain to convey the entire ultimate discharge across MacArthur Boulevard through the Big Canyon Villas Apartment complex and onto the Big Canyon Golf Course. Initially, the City had hoped to acquire the rights from the Big Canyon Villas to construct a 60" storm drain across MacArthur Boulevard and through the Villas property. This approach proved infeasible. It was therefore necessary to provide detention of flows so that the capacity of the existing storm drain system was not exceeded. The detention basin was designed for a 25 -year storm frequency to match the design frequency of the downstream storm drain system. Flow to the proposed detention basin is conveyed through an existing 36 -inch RCP from Tract No. 6622 to the east and from local drainage. The design of the detention basin was based on the capacity of the 36 -inch and not on the ultimate 25 -year discharge which could get to the site. It is assumed that the difference of flows between the capacity of the 36 -inch pipe and the ultimate 25 -year discharge will be stored in the local street system upstream of the proposed basin. Tasks associated with the design of the Detention Basin were as follows: Determine the size of the Detention Basin required to ensure that the capacity of the existing downstream drainage system was not exceeded. 2. Determine the location of the proposed Detention Basin to satisfy the physical constraints of the site. 3. Revise the drainage system alignment from the proposed Detention Basin to the existing 45 -inch storm drain at Street Station 193 +60. 4. Revise the storm drain hydraulics from the existing 60 -inch RCP at the Big Canyon Golf Course to the proposed Detention Basin to verify its proper functioning. 5. Design the outlet structure from the Detention Basin to regulate the flows from the basin so as not to exceed the capacity of the downstream drainage system. The outlet structure was designed as a `Bubbler" Structure. Low flows will bypass the Detention Basin. Only the peak flows of the hydrograph will be stored in the basin. Robert Bein, William Frost Ossociates Contract Agreement with the City of Newport Beach November 25 1997 6. Perform a basin routing analysis to model the inflow and outflow in the proposed Detention Basin. Task 2 - Storm Drain Profile Revisions Consultant completed revisions to several of the storm drain lines in System 8 (approximately Street Station 176 +00) to accommodate physical constraints resulting from construction staging and traffic handling. Tasks associated with the storm drain revisions included the following: Lowering several storm drain lines and laterals on the west side of MacArthur Boulevard to approximately three (3) feet below the interim grades to provide for staged construction. 2. Revise the hydraulics of the storm drain system. Task 3 - Grading Plan Revisions Consultant revised the grading plans to reflect the proposed detention basin ( St. Sta 189 +00) and grading of the existing detention basin ( St. Sta. 194 +00) and the revised storm drain alignments. Task 4 - Energy Dissipator Relocation • Consultant revised the Energy Dissipator located at approximately Street Station 176 +00 to be completely within the roadway right -of -way. Tasks associated with the relocation were as follows: The energy dissipator was relocated to be completely within the road right -of -way. 2. A structural analysis of the revised energy dissipator was performed. A portion of the dissipator was proposed to be embedded into the roadway slope. The current design of the dissipator is based on an APWA standard plan. A top slab for the dissipator was required to be designed as it is not a part of the standard plan. 3. Additional construction details were designed for the dissipator 4. The improvement plans for MacArthur Boulevard - Segment 2 were revised. 5. The hydraulics for the storm drain system were not revised since the final design of the energy dissipator has not yet been decided. An estimate of the flow velocities exiting the dissipator will need to be computed. Robert Bein, William Frost Aociates 0 Contract Agreement with the City of Newport Beach November 25 1997 isTask 5 - Engineering Design Report Consultant revised the Engineering Design Report for Segment 2 to reflect the modifications identified above. Analyzes revised as a result of the above revisions to the plans are as follows: Detention basin routing analysis to determine basin inflow, outflow and required storage volume. The inflow to the basin was determined to be 78.8 cfs. The outflow from the basin was determined to be 41.5 cfs. The detention basin storage volume was determined to be 2.37 acre -feet including 2.5 feet of freeboard. 2. Local hydrology for the storm drain system which includes the proposed detention basin. These revisions were necessary due to the addition of the detention basin and the realignment of the storm drain. 3. Realignment of storm drain to include the proposed detention basin. 4. Hydraulics for the drainage system which includes the proposed detention basin (System 10). 5. Revised hydraulics for storm drain system at approximately Street Station 176 +00 (System 8). 6. Revised quantities for System 10. Task 6 - Legal Descriptions and Exhibits Consultant shall prepare two (2) legal descriptions and exhibits for submittal to the City. These legal descriptions and exhibits will be used as a part of the process of acquiring the property in the Big Canyon area between the Nature Park and MacArthur Boulevard and the remaining Freeway Reservation North property. Task 7 - Construction Assistance Consultant will assist the City in resolving issues that arise during the course of construction. This task may include answering questions by telephone or in the field, providing construction details as requested by the City and attendance at construction meetings. Task 8 - Record Drawings Consultant shall prepare record drawings (utilizing the existing vellums) for each segment of MacArthur Boulevard. The record drawings for Segment 1 will consist of approximately 173 . sheets and the record drawings for Segment 2 will consist of approximately 133 sheets. The record drawings will be prepared based on "markups" provided by the Construction Manager. EXHIBIT "B" Robert Bein, William Prost and Associates Compensation/Manhou rs (Addendum No. 1) Project Name: MacArthur Boulevard Widening - Segment 2 Estimated By: Michael J. Bruz Date. November 25, 1997 No. Task Description Project Director ($127) Structural Engineer ($112) Project Engineer ($105) CADD Technician ($65) Total RBF Hours Total Extra Work Fee HOURS COST HOURS COST HOURS COST HOURS COST 1 Detention Basin Design 8 $1,016 12 $1,344 32 $3,360 16 $1,040 68 $6,760 2 Storm Drain Profile Revisions 4 $508 $0 60 $6,300 40 $2,600 104 $9,408 3 Grading Plan Revisions 4 $508 $0 8 $840 8 $520 20 $1,868 4 Energy Dissi ator Relocation 4 $508 12 $1,344 8 $840 8 $520 32 $3,212 5 Engineering Design Report 8 $1,016 $0 16 $1,680 $0 24 $2,696 6 Legal Description and Exhibits 2 $254 $0 16 $1,680 8 $520 26 $2,454 7 Construction Assistance 44 $5,588 16 $1,792 $0 $0 60 $7,380 8 Record Drawings 12 $1,524 $0 $0 120 $7,800 132 $9,324 TOTAL FEES 86 $10,922 40 $4,480 1 140 $14,700 200 $13,000 466 $43102 H: SG RP 3\P DATA\337 37\OF F I C E133737. AD 1 9 0 10 • PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION SURVEYING AND CIVIL ENGINEERING SUPPORT SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 2 THIS AGREEMENT, entered into this &3,jkday of June, 1997, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Robert Bein, William Frost & Associates whose address is 14725 Alton Parkway, Irvine, California 92619 -7057, (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 which is identified as Contract No. 2825 (F) and is hereinafter referred to as "Project." C. City desires to engage Consultant to provide construction surveying and civil engineering and quality assurance support services during construction operations for Project upon the terms and conditions contained in this -1- Agreement. D. The principal members of Consultant for purpose of this Project are S. Robert Kallenbaugh, P.E.; Michael J. Bruz, P.E.; and Michael Miller, P.L.S. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the 10th day of June 1997, and shall terminate on the 31st day of December, 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the City Engineer. Consultant's -2- compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of twenty -four thousand nine hundred dollars ($24,900.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the City Engineer. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the City Engineer. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in -3- 0 advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damagas 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 M, e 0 0 an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Michael J. Bruz to be its Project Manager. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City -5- 0 Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule prepared by the construction contractor and upon the request of the Construction Manager. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 51 0 0 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. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers' compensation and errors and omissions, all insurance -7- 0 0 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. Workers' compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Ef 0 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 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 M 0 9 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. -10- 0 9 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 necessary to accommodate the agreed upon scope of work. 18. ADMINISTRATION This Agreement will be administered by the Publics Work Department. The City Engineer shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. -11- n u 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 be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have -12- 0 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 City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or -13- i subcontracted without )rior 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: Attention: Michael J. Bruz, P.E. Robert Bein, William Frost & Associates 14725 Alton Parkway P.O.Box 57057 Irvine, CA 92619 -7057 (714) 472 -3505 Fax: 472 -8373 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in -14- 0 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 shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all applicable laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. -15- Li 29. INTEGRATED CONTRACT 0 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. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to -16- 0 indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: (1 By: Robin Clauson Assistant City Attorney City of Newport Beach ATTEST: By: z 6 zi I-M Harkless City Clerk f:\g roups\agmt \frpst-1. doc F:\cat\da\ag\profserv.doc 05 -22 -97 -17- CITY OF NEWPORT BEACH A Municipal Corporation By: w V of Newport Beac CONSULTANT Robert Bein, William Frost & Associates By. Mi cl . Bcaz Alae,0217 r- 0 0 ROBERT BEIN, WILLIAM FROST & ASSOCIATES PROFESSIONAL ENGINEERS. PLANNERS & SURVEYORS April 24, 1997 Mr. Gail Pickart Project Management Consultant CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Proposal for Professional Surveying and Engineering Services MacArthur Boulevard Widening 0.4 Miles n/o San Joaquin Hills Road to Ford Road Dear Gail: JN 33737 At your request, Robert Bein, William Frost & Associates has prepared this proposal to provide professional surveying and engineering services to assist the City during construction of MacArthur Boulevard - Segment 2. Generally, the work will consist of establishing horizontal and vertical survey control, field topography for unsuitable materials removals, field quality assurance surveys, centerline monumentation surveys and assistance in resolving issues that may arise during the course of construction. RBF will complete this work as outlined in Exhibit "A" - "Scope of Services ". A summary of professional fees is provided in Exhibit "B" - "Compensation ". We at Robert Bein, William Frost & Associates appreciate this opportunity to be of continuing service to the City of Newport Beach and look forward to assisting the City of Newport Beach during the final construction phase of this project. Please call me if you have any questions and /or require additional information. Sin ely, Mich J. Bruz, P.E. Associate Public Works Engineering MJB :H: \GRP3\PDATA\33737\OFFICE \W PDOC\33737.001 PC: Accounting (2), Bob Kallenbaugh, Mike Miller, Mel Placilla Professional Service Since 1944 14725 ALTON PARKWAY, IRVINE, CA 92618 -2069 • PO. BOX 57057, IRVINE, CA 92619 -7057 • 714.472.3505 • FAX 714.472.8373 OFFICES LOCATED THROUGHOUT CALIFORNIA • WEB SITE: w .rbf.com I....cw a per., Robert Bein, William Frost & fates Pagel of 2 Contract Agreement for Job NwT6er 33737 April 24, 1997 EXHIBIT "A" SCOPE OF SERVICES Consultant agrees to provide the following Scope of Services: TASK I PROJECT SURVEY CONTROL Consultant shall establish project horizontal and vertical survey control. An exhibit shall be provided showing location, coordinate values, elevations and recovery sheets for aerial targets set for project photogrametric topography. In addition, Consultant shall set Eight (8) additional horizontal control points at locations which will be useful for construction staking. A total of two (2) field crew days has been budgeted to establish the additional project control. TASK 2 REMEDIAL GRADING TOPOGRAPHY Consultant shall perform field topography within areas of unsuitable materials removal, as directed by the City of Newport Beach. Topography shall be field data collected and plotted at an appropriate scale and supplied to the Client on a timely basis. Scheduling for remedial topography shall be done by the Client or his designee at least one day prior to required field surveying. Sub - drains can also be located and plotted at the request of the Client. A budget of 16 crew hours and 8 office hours has been established for this work task. TASK 3 FIELD QUALITY ASSURANCE SURVEYS Consultant shall provide additional surveys, at the request of the Client for project quality assurance. Requests for quality assurance surveys shall be made in writing, a minimum of 24 hours prior to field surveying. A total of 24 crew hours and 12 office hours has been budgeted for this work task. TASK 4 CENTERLINE MONUMENTATION PERPETUATION Consultant shall reference and tie out existing centerline monumentation for Segment 2 prior to construction. At the conclusion of construction, Consultant shall pre -set these monuments in their original location. Corner records for monumentation shall be filed with the County Surveyors office for both tie surveys and monument re- establishment. JN 33737 Robert Bein, William Frost & Adbiates Page 2 of 2 Contract Agreement for Job NurWr 33737 April 24, 1997 EXHIBIT "A" SCOPE OF SERVICES (cont.) TASK 5 CONSTRUCTION ASSISTANCE Consultant will assist the City in resolving issues that arise during the course of construction. This task may include answering questions by telephone or in the field, providing construction details as requested by the City and attendance at construction meetings. For budgetary purposes a total of 80 manhours has been allocated for this task. Exhibit "A" Client Initials JN 33737 Robert Bein, William Frost & dates Page 1 of I Contract Agreement for Job Nut er 33737 April 24, 1997 EXHIBIT `B" COMPENSATION Client agrees to compensate Consultant for such services as follows: Monthly on a time and materials basis. For budgetary purposes, a professional fee of $24,600 plus an allowance of $300 for reimbursable expenses has been established for the Scope of Services identified in Exhibit "A ". WORK TASK FEE TASK 1 Project Survey Control $37400 TASK 2 Remedial Grading Topography $3,600 TASK 3 Field Quality Assurance Surveys $4,800 TASK 4 Centerline Monumentation Perpetuation $3,200 TASK 5 Construction Assistance $9.600 SUBTOTAL $24,600 Reimbursables Allowance $300 TOTAL $24,900 Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. The Client shall make every reasonable effort to review invoices within fifteen (15) working days from receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. Work shall commence upon receipt of a signed copy of this Contract Agreement. Exhibit "B" Client Initials JN 33737 Authorfarto Publish Advertisements of all kindsluding public notices by Dccree , the Superior Court of orange County, California. Number A -6214, scplrmur 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City,of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: April 25, 29, 1997 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 29 , 199 7 at Costa Mesa, California. Alz/ Signature 0 NOTICE INVITING BIDS Seated bids may be re- ceived at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1708, Newport Beach, CA 92659. 1768 until 2:00 p.m, on the 21st day of May.. 1997. at Approved- by the City Council. this 14th day of April, 1997' N LaVonna M. Hark - less, city Clerk Perspective bidders' may .obtain one set of bid docu- ments at the price of 475.00 at the office of the Public Works Department, 3300 'Newport Boulevard,) P.O. Box 1768, Newport Beach, CA 92659.1768. ! For further information, call Gag . Picked, Project - Manager, at 6736779. Published Newport Beach -Costa Mesa 'Daily: Pilot Apdf 25; 2$, 1997. _._..' FT816'I I February 10, 1997 • f ( FEB 1 01997 CITY COUNCIL AGENDA E !� ITEM NO. 11 i TO: MAYOR AND MEMBERS OF THE CITY COUNCIL ?mod L J FROM: PUBLIC WORKS DEPARTMENT SUBJECT: RELINQUISHMENT OF MACARTHUR BOULEVARD AS A STATE HIGHWAY CONTRACT NO. 2825 RECOMMENDATIONS: 1. Approve Cooperative Agreement No. 12 -310 with Caltrans for the Relinquishment of MacArthur Boulevard as a State Highway. 2. Authorize the Mayor and the City Clerk to execute the Agreement on behalf of the City. DISCUSSION: With the opening of the San Joaquin Hills Toll Road as the new State Route 73 (SR 73) on November 21, 1996, Caltrans is in a position to delete MacArthur Boulevard, old SR 73, from its highway system. The deletion is accomplished by Caltrans relinquishing its interests in the • highway to the local governmental agencies which, in this case, are the Cities of Newport Beach and Irvine. Caltrans has prepared Cooperative Agreement No. 12 -310 to cover the relinquishment of the portion of MacArthur Boulevard within Newport Beach. (Exhibit A shows the limits of relinquishment covered by the agreement.) A similar Cooperative Agreement will be entered into with the City of Irvine for the portion of MacArthur Boulevard within Irvine's city limits. As a matter of reference, MacArthur Boulevard from Jamboree to the San Diego Freeway (1 -405) was relinquished to Newport Beach and Irvine in 1985, when the Corona del Mar Freeway extension to Jamboree Road was opened to traffic. Prior to relinquishment of a state highway, Caltrans is responsible for placing the roadway improvements in a condition of good repair such that the local governing agency will not be faced with unusual or excessive maintenance costs. The City's current MacArthur Boulevard Widening Project will remove and reconstruct most of the deteriorated sections of the street. City and Caltrans staff have determined those sections of old roadway that would not have to be removed due to horizontal and vertical grade changes. Caltrans has agreed to contribute $600,000 to help pay for the City's Widening Project, rather than proceeding with their own rehabilitation work in those areas that would have remained after the City's widening project. The advantages to the City of entering into Cooperative Agreement No. 12 -310 with Caltrans, are as follows: • 1. The $600,000 contribution by Caltrans will be made at the time of relinquishment rather than at the completion of Segments 1 and 2, which means the City gets the money one year sooner than currently anticipated. Subject: February 10, 1997 Page 2 MacArthur Boulevard Widening - Contract No. 2825 L 2. Further processing of Segment 2 design with Caltrans will not be required, nor will a Cooperative Agreement for Segment 2 construction oversight be necessary. 3. Greater flexibility in landscaping, drainage, and retaining wall design is possible. 4. The addition of two miles of roadway to the City's system will increase the City's Measure M allocation by $9,000 - $10,000. The advantage to Caltrans is that they are relieved of responsibilities for this two -mile segment of state highway one year earlier than currently scheduled. Recordation of the California Transportation Commission's Resolution of Relinquishment will have the further effect of terminating the two existing Cooperative Agreements between the City and Caltrans (No. 12 -133 for design oversight and No. 12 -237 for Segment 1 construction oversight). The Caltrans encroachment permit covering Segment 1 construction will also be terminated. The City and Caltrans staffs have agreed to coordinate the actions of the California Transportation Commission and the City Council so that the recordation of the Resolution of Relinquishment and the award of the construction contract for Segment 2 of the MacArthur Boulevard Widening project will occur at approximately the same time. Both of these actions are anticipated to occur before the end of the current FY 1996 -97. A copy of Cooperative Agreement No. 12 -310 is attached for reference. Staff recommends its • approval. The Caltrans contribution of $600,000 has been budgeted in the Contributions Account Number 7253 - 5100066 in anticipation of this relinquishment. This item has been reviewed by the Public Works Committee and they concur with staffs recommendation. Respectfully submitted (jBLIC WORKS WDEPARTMENT Don Webb, Director by: 4�kY 4da-4 S k" J Gail Pickart Consultant Project Manager Attachments: Exhibit A -Relinquishment Limits Cooperative Agreement No. 12 -310 • m - w a� — pr 6 / / � m 4Mliy\ /� 4 m 11„ LY w Z W ,p by ", s CO) > U rn Z Q O Z r�r ~ O V) LLI J = Q 0 U O1 hNbS Q 1__L U U CO) Q n O � a o z u a y,: W M31A i100NVH �- L—Li = e3s W 1HOdM3H AMH 1St, H N /n0 ,'St J'dy'a dpp NdS - yJ 6� 0 6 p'� yip 6� 12- ORA -73 0.0 /T1.98 . Widen and Realign MacArthur Blvd. Between Route 1 and Ford Road for Relinquishment 12209 - 005341 District Agreement No. 12 -310 COOPERATIVE AGREEMENT This AGREEMENT, entered into on , 1997 is between the STATE of CALIFORNIA, acting by and through • its Department of Transportation, referred to herein as "STATE ", and CITY OF NEWPORT BEACH, a body politic and a municipal corporation of the STATE of California, referred to herein as "CITY" is 12- ORA -73 0.0/2.0 Widen and Realign MacArthur Blvd. Between Route 1 and Ford Road for Relinquishment 12209 - 029511 District Agreement No. 12 -310 COOPERATIVE AGREEMENT This AGREEMENT, entered into on a, Id , 1997 is between the STATE of CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE ", and CITY OF NEWPORT BEACH, a body politic and a municipal corporation of the STATE of California, referred to herein as "CITY" District Agreement 12 -310 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 73, are authorized to enter into a Cooperative Agreement providing for relinquishment to CITY of a portion of State Highway within CITY. 2. STATE desires to relinquish to CITY that portion of Route 73 (MacArthur Boulevard) , between Route 1 (PCH) and Ford Road (within the CITY limits) and CITY is willing to accept said relinquishment, referred to herein as "PROJECT ". 3. STATE and CITY have already executed Cooperative Agreement No. 12 -133 and 12 -133 A -1 (Document No.8788) for Project Development phase (oversight by STATE) of the PROJECT combined with CITY's improvements for widening and realigning MacArthur Boulevard (Rout 73) between Route 1 (PCH) and Ford Road (EA 005331 & 005341). 4. STATE and CITY have already executed Cooperative Agreement No. 12 -237 and 12 -237 A -1 (Document No.10111) for the Phase I, from PCH to 1000 feet northerly of San Joaquin Hills Road, construction of the PROJECT (oversight by STATE) which included the CITY's improvements as described in the above V _ ....... Article (3), EA 005331. District Agreement 12 -310 5. STATE and CITY have reached an understanding on the work necessary to place the State highway, within PROJECT limits, in a state of good repair and have agreed to the amount of $600,000 as the cost to perform such work. 6. STATE is willing to make a lump sum payment to CITY to satisfy STATE's obligation to place the relinquished highway in a state of good repair. 7. CITY is willing to accept a lump sum payment as STATE's total responsibility to place the highway in a state of good repair for the purpose of relinquishing highway to CITY. 8. Relinquishment will occur after approval by the California Transportation Commission of a resolution of relinquishment and recording of said resolution in the Orange County Recorders Office. 9. The parties hereto desire to define herein the terms and conditions under which relinquishment is to be accomplished. 3 SECTION I CITY AGREES: District Agreement 12 -310 1. Execution of this Agreement constitutes CITY's waiver of the ninety (90) days' notice of "Intention to Relinquish" requirement contained in Section 73 of the Streets and Highways Code. 2. To accept relinquishment of that portion of State highway Route 73 described in RECITALS, Article 2 after receipt of lump sum payment from STATE and approval by the California Transportation Commission of a resolution of relinquishment and recording of said resolution in County Recorders Office. 3. Upon the adoption, filing and recording of the Resolution of Relinquishment by the California Transportation Commission, and upon CITY's receipt of STATE's payment, to accept ownership, maintenance, operation and liability of the relinquished highway. 4. Payment of STATE's final contribution of $600,000 to CITY fully meets STATE's responsibility to place the State highway in a state of good repair and CITY shall accept relinquishment and all rights, title and interest in, without any additional 4 District Agreement 12 -310 i cost to STATE. i 5. To submit invoice to STATE for the amount of $600,000 after approval of PROJECT relinquishment by the California Transportation Commission of a resolution of relinquishment and recording of said resolution in County Recorders Office. SECTION II STATE AGREES: 1. To make a lump sum payment, upon receipt of CITY's invoice, after allocation of funds and approval of the resolution of relinquishment by the California Transportation Commission and deletion of this portion of Route 73 from the State Highway System, of $600,000 to CITY, which figure represents STATE's final and only payment toward the cost of placing highway in a state of good repair for the purpose of relinquishment. 2. Such lump sum STATE payment of $600,000 will be programmed in the current STATE 96/97 fiscal year budget for the purpose of payment to the CITY. 6i SECTION III IT IS MUTUALLY AGREED: District Agreement 12 -310 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.00) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 3. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of 3 District Agreement 12 -310 anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.00) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 4. No alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 5. STATE's responsibilities under the terms of the current Cooperative Agreements between CITY and STATE referred to in RECITALS, Articles 3 and 4 shall terminate immediately upon execution of this Agreement. 6. This Agreement shall terminate upon recording in the County Recorders Office of the relinquishment resolution for this portion of Route 73 and upon receipt of STATE's lump sum 7 District Agreement 12 -310 payment of $600,000 to CITY or on July 1, 1998, whichever is earlier in time. E 0 e-1 37gV District Agreement 12 -310 IN WITNESS WHEREOF, the parties here executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation By C�;/-- 26 i N'ALT H. HAGEN District Division Chief Design /Construction Approved as to Form and Procedure \wwptK—� Attorney, Department of Transportation Certified as to Form and Procedure Acc�ting Administrator Certified as to Funds District Budget Manager 9 CITY OF NEWPORT BEACH By Mayor fn City Clerk Form and Procedure ty Attorney CITY OF NEWPORT BEACH MINUTE EXCERPT CITY COUNCIL MEETING February 10, 1997 ROLL CALL Present: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Absent: None 11. RELINQUISHMENT OF MACARTHUR BOULEVARD AS A STATE HIGHWAY - CONTRACT NO. 2825. City Manager Murphy explained that this is an agreement with the State of California pertaining to the relinquishment of MacArthur Boulevard as a state highway and the acceptance of the highway by the City of Newport Beach as a local street. He said there is a required process for relinquishment that must be followed by the City and the State Transportation Commission. He said that one of the issues that was discussed at the Public Works Committee meeting was that the relinquishment by the State and the City's acceptance will not occur until the award of the contract on Phase II of MacArthur Blvd., at which point in time the contractor will take jurisdiction of that section of the street and have insurance in place during the course of the construction. In response to Council Member Hedges' question about whether the City has the option of accepting this road or the latest time in which it has to be approved, Mr. Webb explained that it can be postponed until after the construction is completed. He explained that when the Transportation Commission determines that a roadway is no longer needed for a state highway then a finding is made to relinquish it once it is put in the proper state of repair and then the agency that is in charge of that area is required to take it. Since the City is doing the work on the widening project for Caltrans, it was negotiated with them that those portions which would not have to be replaced as part of the widening project could be a part of what would be replaced by Caltrans for pavement repair and is worth about $600,000. They have agreed that as part of the relinquishment process they will give the City the $600,000 as soon as the road is relinquished. The state legislature, at the time the toll road was approved, decreed that Route 73 between the toll road and Coast Highway would become a conventional street and would be turned over to the local jurisdiction. In response to questions about liability, City Attorney Burnham explained that the construction performed by the contractor on the roadway is done under an encroachment permit issued by Caltrans. It requires the City to indemnify Caltrans, therefore once construction starts the City is essentially responsible for injuries which occur as a result of construction activities. He explained that there may be a short period of time when the City will assume slightly more responsibility than would have otherwise if the relinquishment is requested before the City begins construction. He said he has reviewed the accident history and doesn't believe the liability is significant. Mr. Webb explained that the process of getting the project under construction can probably be shortened by as much as 2 -3 months if Caltrans is not involved in right -of -way certification issues. It will also allow the City more flexibility with respect to landscaping, drainage and retaining wall design. Mr. Burnham explained that once the segment of the roadway is complete and built according to the plans and specifications approved by Council, the City will have design immunity, which is an additional layer of protection over and above the protection from the contractor and under the City's insurance policy. Motion by Council Member Hedges to approve Cooperative Agreement No. 12 -310 with Caltrans for the relinquishment of MacArthur Boulevard as a State Highway; and authorize the Mayor and the City Clerk to execute the Agreement on behalf of the City. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Eq AS A TRUE AND COTCT Cory CITY CLERK OF THE MYOFINEWPOW BE" DAIS ', /o�. i / 7 J 1_ • 0 (38) BY THE ciT COUNCIL -` CITY OF NEWPORT BEACH OCT 2 8 : _ .:; APPROVED- October 28, 1996 CITY COUNCIL AGENDA ITEM NO. to TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: MACARTHUR BOULEVARD WIDENING FROM PACIFIC COAST HIGHWAY TO FORD ROAD RECOMMENDATION: 1. Approve the Time Extension Amendments to Cooperative Agreements with Caltrans for Design Oversight and Segment 1 Construction Oversight of the MacArthur Boulevard Widening Project. 2. Authorize the Mayor and the City Clerk to sign both Amendments on behalf of the City. DISCUSSION: Presently, there are two Cooperative Agreements in effect between the City and Caltrans relative to the MacArthur Boulevard Widening Project. Cooperative Agreement No. 12 -133 dated June 14, 1993, covers Caltrans' oversight of design for the entire widening project extending from Pacific Coast Highway to Ford Road. Cooperative Agreement No. 12 -237 dated July 25, 1995, covers Caltrans' oversight for construction of Segment 1 which extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road. A third Cooperative Agreement covering Caltrans' oversight for construction of Segment 2 (from San Joaquin Hills Road to Ford Road) will be presented to the City Council for approval in early 1997. A sketch showing the project limits is attached for reference. The design for Segment 1 is complete and design for the Segment 2 portion of the project is approximately 95% complete. Segment 1 construction has been in progress since late April 1996 and is now approximately 40% complete with 100% completion • anticipated in early June 1997. 9 SUBJECT: MACARTHUR BOULEVARD WIDENING FROM PACIFIC COAST HIGHWAY TO FORD ROAD October 28,1996 • Page 2 The expiration dates set forth in Agreement Nos. 12 -133 and 12 -237 will be reached before Caltrans' oversight responsibilities for design and construction can be completed. Therefore, Caltrans has prepared an appropriate Amendment to each Agreement extending its effective time period. The extensions are as follows: Current Amended Agreement No. Agreement Purpose Expiration Date Expiration Date 12 -133 Design Oversight 12 -30 -96 12 -30 -97 12 -237 Segment 1 Construction Oversight 12 -31 -96 12- 31 -99* * This date will correspond to the expiration of the Cooperative Agreement for Segment 2 Construction Oversight. All other terms and conditions of Cooperative Agreement Nos. 12 -133 and 12 -237 are unchanged and shall remain in full force and effect. There are no specific costs related • to extending the expiration dates of the agreements. Staff recommends approval of the Amendments to Cooperative Agreement Nos. 12- 133 and 12 -237 as an appropriate administrative response to the fact that the project is extending over a longer period of time than was initially anticipated. Respectfully submitted, (:: PUBLIC WORKS DEPARTMENT Don Webb. Director by� .�ci'aC �it c t2.c✓Li Gail Pickart Project Management Consultant Attachment: Project Location Map • ;r STATE OF CALIFORNIA— BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION Mr. Gail Pickart City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca 92659 Dear Mr. Pickart: September 23, 1996 File: 12- ORA -73 0.0/T1.98 Between Routel and Ford Road EA 005341 12- 133A -1 12- 237A -1 Cat: 261 Attached please find four (4) copies of Project Development (PR/PS &E) and Construction phase Cooperative Agreement Amendments (12 -133 A -1, 12 -237 A -1) for the above project on MacArthur Boulevard for your execution and signature. These Amendments include time extension for the above project. Please have three (3) copies of the enclosed Amendments to Agreements signed by the appropriate City Council Authority officials and return them to us for Caltrans execution. After signature by the appropriate State officials, you will be furnished a fully executed copy of the Agreement Amendments for your files. If you have any questions, please contact me at 724 -2526. SCO 2 519% Attachments Sincerely, L BERC HUZY Design Branch State and Local Projects /. FASHION ISLAND to SEGMENT 1 SCALE 1^ =1000 CONSTRUCTION SEGMENT 2 CONSTRUCTION f w, �O APT 0 0 r a /c 12- ORA -73 0.0/T1.98 • Widen and Realign MacArthur Blvd. Between Rte. i and Ford Road 12209 - 005341 District Agreement No. 12 -133 A -1 AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT entered into on r 4!?' , 19-14, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, • referred to herein as STATE, and CITY OF NEWPORT BEACH a body politic and a municipal corporation of the State of California, referred to herein as CITY n U 0 • RECITALS 1] District Agreement 12 -133 A -I L The parties hereto entered into an Agreement (Document No. 8788) on June 14, 1993, said Agreement defining the terms and conditions of a project to widen and realign MacArthur Boulevard between Route 1 and Ford Road, referred to herein as 3 JIMON 2. It has been determined that PROJECT will not be constructed prior to the termination date of said Agreement. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section III, Article 11 of the original Agreement • shall now be December 30, 1997 instead of December 30, 1996. • 2. The other terms and conditions of said Agreement (Document No. 8788) shall remain in full force and effect. 3. This Amendment to Agreement is hereby deemed to be part of Document No. 8788. 2 C1 �j • District Agreement 12-133 A-I IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement No. 12-133 eD by their duly authorized officiers. d STATE OF CALIFORNIA CITY OF NEWPORT BEACH Department of Transportation JAMES W. van LOBEN SELS By Directc By Walt H. Hagen District Division Chief Design/Construction Approved as to Form and Procedure A Aiy Attorney Department of Transportation Certified as to Form and Procedure Accounting Administrator Certified as to Funds District Budget Manager 3 Mayor Attest OWP Clerk `eft;'': City Attorney !dure • 0 0 12- ORA -73 O.O/T1.98 Widen and Realign MacArthur Blvd. Between Route 1 and Ford Road 12209 - 005341 District Agreement No. 12 -237 A -1 AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT entered into on OC-f.F.k�".' 19, is C)'1[)°!_ L between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF NEWPORT BEACH a body politic and a municipal corporation of the State of California, referred to herein as CITY District Agreement 12 -237 A -1 • RECITALS l.. The parties hereto entered into an Agreement (Document No. 10111) on July 25, 1995, said Agreement defining the terms and conditions of a project to widen and realign MacArthur Boulevard between Route I and Ford Road, referred to herein as "PROJECT ". 2. It has been determined that PROJECT will not be constructed prior to the termination date of said Agreement. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section III, Article 24 of the original Agreement • shall now be December 31, 1999 instead of December, 1996. L� 2. The other terms and conditions of said Agreement (Document No. 10 111) shall remain in full force and effect. 3. This Amendment to Agreement is hereby deemed to be part of Document No. 10111. 2 i • r1 0 0 District Agreement 12 -237 A -1 IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement No. 12 -237 by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation CITY OF NEWPORT BEACH By --�jl -D Mayor 1 BY Walt H. Hagen District Division Chief Design/Construction City Clerk ! i 1 Approved as to F rm and Procedure - ',kl 1 , 1 ro>vd as" -Tgrm and Procedure Attorney Department of Transportation Certified as to Form and Procedure Accou mg Administrator Certified as to Funds District Budget Manager City Attorney lair 0 !, CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT FROM: CITY CLERK DATE: October 5, 1995 SUBJECT: Contract No. C- 2825(A) Description of Contract Cooperative Agreement for MacArthur Boulevard Widening Project Segment 1 Effective date of Contract July 25 1995 Authorized by Minute Action, approved on May 8, 1995 Contract with CALTRANS Address Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach Pi • • • CITY AUG 12 ":j TO: Mayor and City Council Members FROM: Public Works Department August 12, 1996 CITY COUNCIL AGENDA ITEM NO. 17 SUBJECT: MACARTHUR BOULEVARD WIDENING - SEGMENT 1 PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS ROAD RECOMMENDATIONS: 1. Approve Amendment No. 2 to a Consultant Agreement with LSA Associates increasing the compensation amount for archaeological and paleontological services by $62,200 (Contract No. 2825). 2. Authorize the Mayor and the City Clerk to sign Amendment No. 2 on behalf of the City. DISCUSSION: Prior to the commencement of Segment 1 construction operations, several consultant agreements were entered into to support the construction activities. One of those agreements was made with LSA Associates, Inc. (LSA ) to provide archeological and paleontological monitoring during grading work. The Consultant Agreement with LSA identified a scope of services covering on -site monitoring and preparation of a final report and it established a compensation budget of $17,700. The Agreement was signed by the Public Works Director on behalf of the City. At that time, there were no known archeological sites within the construction area, no significant paleontological resources were expected to be uncovered, and a detailed construction schedule indicating the duration of grading had not yet been developed. The clearing activities preparatory to grading led to the discovery of two archaeological sites located southerly of San Miguel Drive and situated on either side of the natural drainage course crossing westerly from MacArthur Boulevard to Avocado Avenue. LSA submitted a proposal to perform test excavations to investigate each site, to conduct laboratory analyses of artifacts recovered, and to document findings by expanding the previously authorized final report. By Amendment No. 1 to the Consultant Agreement, only the field investigation work associated with each site was authorized and the compensation budget was increased by $11,480 to $29,180. Amendment No. 1 was also signed by the Public Works Director since the total compensation under the Agreement was still less than $30,000. �S✓:a 0 SUBJECT: MACARTHUR BOULEVARD WIDENING - SEGMENT 1 PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS ROAD August 12, 1996 Page 2 of 3 After completing the test excavations at both archaeological sites, grading work resumed. Human remains were uncovered within a couple of days and grading operations were shifted to other locations while the prehistoric Native American skeleton was carefully removed and delivered to the Orange County Coroner's office for temporary custody. Because it was virtually impossible to identify in advance the scope of services necessary to properly handle both the archaeological testing and the human remains, representatives of the City and LSA agreed that their work should continue until a comprehensive scope of additional services could be identified and a corresponding budget amount could be established. LSA's letter, dated July 29, 1996, sets forth the status of their work effort relative to these two items and their corresponding costs. In addition, it is now apparent that the initial estimate of 30 days for monitoring during grading needs to be increased to 60 days to correspond to the contractor's schedule for grading work. Staff recommends approval of Amendment No. 2 to the Consultant Agreement with LSA to cover the scope of additional services described in the letter proposal from LSA . dated July 29, 1996, and to increase their compensation budget by $62,200 to a new total of $91,380 ($29,180 + $62,200). A summary of the additional services and corresponding approximate compensation amounts is as follows: Laboratory analysis and studies of artifacts collected from two archaeological sites $17,000 Coordination, removal, and disposition of human remains $30,000 Archaeological and paleontological monitoring $10,000 Final report preparation and reimbursable expenses $ 5.200 TOTAL $62,200 The original agreement and copies of Amendments Nos. 1 and 2 including LSA's July 29, 1996 letter proposal are attached for reference. Funds to cover the additional project archaeological and paleontological costs • represented by Amendment No. 2 were budgeted in Fiscal Year 1995 -96 and are available in the following accounts: . Z' r� • SUBJECT: MACARTHUR BOULEVARD WIDENING - SEGMENT 1 PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS ROAD August12,1996 Page 3 of 3 Account No. Amount Fund 7284- C5100066 $31,100 Orange County Combined Transportation Funding Program (OCCTFP) 7432- C5100066 $31,100 CIOSA Loan Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb Director By � ' Q C .� Gail Pickart Project Management Consultant Attachment: Amendment No. 2 bb 1\g roups \pu bworks \counci I\a ug u st\segmentt JI f CONAUNT AGREEMENT ENVIRONMENTAL CONSULTING SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 1 • THIS AGREEMENT, entered into this != %1 day of f- hf ; 4f t4 1996, by and between the CITY OF NEWPORT BEACH, a municipal , (hereinafter referred to as "CITY") and LSA ASSOCIATES, INC., whose address is One Park Plaza, Suite 500, Irvine, CA 92714 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CONSULTANT is a private consulting firm organized under the laws of the State of California to conduct the business of providing professional archaeological and paleontological services to public and private entities. C. CITY has identified the widening of MacArthur Boulevard between Pacific Coast Highway and Ford Road as a project resulting in substantial public benefit and improvement to the City's transportation and circulation system. CITY has • awarded Contract No. 2825(C) to Griffith Company for construction of Segment 1 of the MacArthur Boulevard Widening project which extends from Pacific Coast Highway to approximately 1000 feet northerly of San Joaquin Hills Road. D. CONSULTANT has submitted a proposal dated January 8, 1995, offering to provide archaeological and paleontological monitoring services during grading and trenching operations to be performed under construction Contract No. 2825(C). E. CITY desires to accept CONSULTANT's proposal dated January 6, 1996, to provide such archaeological and paleontological monitoring services. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on the date written above and shall terminate on June 30, 1997, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT herein and more • shall complete all services and work as outlined fully described in the Letter Proposal dated January 8, 1996, attached hereto and identified as Exhibit "A ". U t • • SECTION 3. COMPENSATION TO CONSULTANT . CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. Billing shall be on a time and materials basis according to the standard rates set forth in Exhibit A and shall not exceed $17,700.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION S. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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 express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, • boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANTS indemnification of CITY, 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies except workers' compensation and professional liability shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANTS services as described herein. A. REQUIRED COVERAGE • Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company authorized to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance: z 1. Worker's compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. 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. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall provide that coverage shall not be canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt 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. B. SUBROGATION WAIVER 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. C. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement, except for workers' compensation and professional liability. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible 3 portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute • anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment• hypothecation or transfer. 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 of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of • this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS 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. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. 4 CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. 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 second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 . Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: LSA Associates, Inc. One Park Plaza, Suite 500 Irvine, California 92714 Attention Carolyn Lobell (714) 553 -0666 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. s i7 J SECTION 14. COS OF RGATION • If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. This Agreement represents the full and complete understanding of every kind of 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 hereof. 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 above written. CITY OF NEWPORT BEACH, a municipal corporation BY: PUBLIC WORKS DIRECTOR APyPROVED,AS TO FORM: City Attorney CONSULTANT 0 BY: � � �f A ASSOCIATES, INC. ATTEST: CITY CLERK 6 • 01/08/96(L-%PROPOS.kL,ZZZ602I.LTH) one P44 pbza. );'::: 5:: Triephone 714 A'- :666 1'-.inc. Cjlifo"::. 4:-:1 Farsirniie 714 553- ISA EXHIBIT A R LSA Lohgical Rt Remune Ec ... twnxi January 8, 1996 Mr. Greg Deist C.;,d Deist -Binsfield, Inc. 30100 Town Center Dr., #225 Laguna Niguel, California 92677 Subject: Cultural Resources and Paleontological Monitoring Proposal for the MacArthur Boulevard Widening Project, City of 8::. Newport Beach, County of Orange, California Dear Mr. Deist: Attached please find the LSA Associates, Inc. (LSA) scope of work and cost estimate for cultural resources and paleontological monitoring for the MacArthur Boulevard Widening Project in the City of Newport Beach. If you R have any questions of comments, please call Lyn Calerdine or me at (714) A.: 553-0666, As is customary, I have listed as Task I the records searches that always precede any field work. However, since they were completed for the EIR in this case, there is no further cost associated with this task. LSA estimates that a budget of $17,700 will be required to complete the tasks outlined in the .t! scope of work. Per )-our FAX dated January 2, 1996, 1 have based the dura- A:': r': tion of monitoring on your estimate of a total of 30 working days. I assume these are eight hour days. If monitoring is required for more or less time, a budget adjustment will be made. If you agree with this proposal, including the attachment, please approve by signing below and returning a copy of this letter to us. This approved pro- posal will constitute a contract. Upon finalization of a written agreement, LSA will commence work on this project. • 01/08/96(L-%PROPOS.kL,ZZZ602I.LTH) one P44 pbza. );'::: 5:: Triephone 714 A'- :666 1'-.inc. Cjlifo"::. 4:-:1 Farsirniie 714 553- 11 41 LSA Aswiart , Inc. LSA looks forward to working with you on this project. Sincerely, LSA ASSOCIATES, INC. Deborah McLean Assistant Project Manager Attachments: Scope of Services Qualifications of Key Personnel Standard Contract Provisions THE ABOVE STATED TERMS ARE HEREBY ACCEPTED AND AUTTiORIZED CONSULTANT: ISA Associates, Inc. . (.ti�NS't�l'Y"�OCltX� Authorized Si -- atuunre Titlej Date • ol,,D"6 (L,.PROPOSAL%ZZZ602LLTR) CLIENT: Company Authorized Signature Title Date asu ter.; ak CULTURAL RESOURCES AND PALEONTOLOGICAL MONITORING PROPOSAL FOR THE MACARTHUR BOULEVARD WIDENING PROJECT, CITY OF NEWPORT BEACH, COUNTY OF ORANGE, CALIFORNIA SCOPE OF WORK TASK 1 - RECORDS SEARCH Archaeological Per the California Environmental Quality Act (CEQA), LSA Associates, Inc. (LSA) completed the required archaeological and historical records review and literature search through the Archaeological Information Center located at the University of California, Los Angeles. The records search provided archaeological and historical site and survey information within and surrounding the project area. All pertinent references will be reviewed and summarized in the monitoring report. lire objective of this archival research was l) to establish the extent of previ- ous surveys within the project area, and 2) to note what site types might be expected to occur within the proposed project area based on the existing data from archaeological sites located within and surrounding the project area. Paleontological LSA conducted a paleontological records review and literature search at the Orange County Museum of Natural History to obtain site and survey informa- tion pertinent to the project area. All pertinent references will be reviewed and summarized in the monitoring report. The objective of this research was 1) to establish the status and extent of previous surveys within the project area, and 2) to note what type of fossils might be expected to occur within the proposed project area based on the existing data from fossils recovered within and surrounding the project area. TASK 2 - PRE -GRADE RECONNAISSANCE A pre -grade reconnaissance of the project area shall be made by a qualified paleontologist to assess whether any significant fossils currently are exposed. Any fossils observed and deemed significant shall be salvaged. ot/08H6(L wPROPOSAL,ZZZ602LPRO) u is L 9` • TASK - MEETINGS cu A, date; aK ISA utilizes monitors who are trained in archaeology and paleontology. This enables us to field a single monitor for both disciplines. The archaeological/ paleontological monitor shall attend the pre -grade meeting. TASK 4 - MONITORING In accordance with CEQA and the requirements of the City of Newport Beach, ISA will conduct archaeological and paleontological monitoring during grading activities within the project area. The monitor shall observe the removal of earth, and watch for indications of cultural resources and fossils. When a cultural resource or fossil is uncovered, construction will halt in the immediate area of the find until the monitor has evaluated the find for significance and identified the appropriate mitigation measure. Individual artifacts or fossils will be mapped and collected, with a minimal delay to construction schedules. In the event that a significant archaeologi- cal deposit is discovered, all work shall stop in the vicinity of the find until an appropriate testing program can be developed and implemented. Signifi- cant paleontological finds will be salvaged. The costs of this additional field work and the extended report, if necessary, are not included in this proposal. • If human remains are encountered, the Orange County Coroner must be contacted immediately. If the burial is determined to be prehistoric, the Native American Heritage Commission must be consulted to determine the Native American representative(s) listed for this area. The designated repre- sentative may become involved with the disposition of the burial remains. TASK S - MONITORING REPORT ISA will develop a monitoring report. This will contain a management sum- mary; results of the records searches; and results of monitoring, including the archaeological and paleontological finds, if any, and how they were mitigated. BUDGET The following table represents a cost summary of the tasks to be completed. The budget is based on the assumption that one archaeological site or paleontological locality requiring documentation may be encountered. If more sites requiring documentation are located or if excavation of a feature or site is required, the following cost estimates may need revision. The monitoring cost is based on 30 eight hour days. If grading is completed in • less time, or if monitoring is not required on a full time basis, the monitor- ing cost will be reduced. if additional time is required for monitoring, the cost will be increased. 01/08Y":%PR0POSAL%ZZZ6021.PR0) L j } Task Records Search Archaeological Paleontological Paleontological Pre-grade Reconnaissance Attendance at Meetings Monitoring Monitor: 30 days at $320 /day Field Supervision: Laboratory Analysis: Report Archaeology: One site requiring docu- mentation, full length re- port or no documentation re- quired, letter report only Paleontology: Project Expenses Word Processing Graphics Production Supplies Total o Vo8/96(L:,PR0P0SAL%ZZZ6021.PR0) 0 U4 Auodatsr. 1n Cost Completed Completed $320 240 9,600 1,000 600 :tt 2,400 180 440 70 50 $17,700 E .II]t $15,380 3 0I 9", 07 M Au dat•; Inc QUALIFICATIONS OF KEY PERSONNEL CULTURAL RESOURCE DIVISION The Cultural Resource Division provides archaeological, historical and pal- eontological consulting services that fulfill California Environmental Quality (CEQA), National Environmental Policy Act (NEPA) and local cultural re- source requirements. We identify cultural resources and evaluate their signi- ficance during a project's planning phases, then develop implementable procedures to protect or mitigate any adverse effects on the cultural resourc- es. ISA's staff archaeologists, project historians and paleontologists have exten- sive experience and capabilities in archival and field research, as well as report preparation, having completed numerous public and private projects throughout northern and southern California. Our personnel are accredited by the Society of Professional Archaeologists (SOPA), as well as by various governmental agencies. Typical services include: • Archaeological archival reviews • Historical archival studies . Reconnaissance surveys • Intensive surveys • Cultural resource inventories • • Historic properties surveys • Historical overviews • Architectural recording • Resources for the National Register of Historic Places • Historical cultural resources testing • Implement prehistorical cultural resource test investigations • Implement historical data recovery excavations • Implement prehistorical data recovery excavations • Paleontological survey • Paleontological data recovery investigations • Projects for historical resources • Grading projects for prehistoric remains • Grading projects for paleontological remains • Preservation plans • Educational displays for cultural resources • Cultural resource policy and procedure programs 01/09N6(L\PROPOSAL72Z602I.PRS) Brad Sturm LSA Amdates, me 0 Mr. Sturm is a Project Manager at LSA, serving as Archaeologist and Manager of the Cultural Resources Division for LSA. His duties as project archae- ologist and principal investigator include administering the Cultural Resourc- es Division of LSA; overseeing and coordinating all of its archaeological, historical, and paleontological services; preparing research designs, literature reviews and background synthesis; conducting archaeological field surveys, excavations, and laboratory analysis; preparing Historic Property Surveys and cultural resource sections for EISs and EIRs; and developing and implement- ing monitoring and preservation strategies for known cultural resources. Mr. Sturm received his M.A. in Anthropology from California State University, Fullerton. He is certified by the Society of Professional Archaeologists (SOPA) in both Field Archaeology and Archaeological Resource Management and is an Orange County certified archaeologist. Prior to joining LSA, he was an archaeologist for the U.S. Army Corps of Engineers (Corps), where he was responsible for evaluating impacts to cultural resources prior to issuance of Section 404, Department of the Army permits. He possesses extensive knowl- edge about the Section 106 process. As a project archaeologist for the Corps, he was responsible for the completion of cultural resources studies for all levels of NEPA documentation. As an archaeologist in both the federal and private sectors, Mr. Sturm has • successfully coordinated numerous projects with the State Historic Preserva- tion Office and the Advisory Council on Historic Preservation. He has devel- oped and effectively implemented archaeological treatment plans that have reduced impacts on cultural resources to a level of no adverse effect. Mr. Sturm has been an Associate Professor of archaeological field and labora- tory methods at Saddleback Community College, Mission Viejo, California. As president of his own archaeological consulting firm, he was involved with all phases of research, surveys and mitigation for projects in the Southern California area. Mr. Sturm's professional experience demonstrates a thor- ough knowledge about State (CEQA) and federal laws, and a commitment to apply these laws within time and budget constraints. Steven W. Conkling Mr. Conkling is a Project Manager for ISA's Irvine office, where he manages the Paleontology Program. His duties include directing fossil recovery, speci- men identification and curation, and report writing for all levels of environ- mental documentation. Mr. Conkling is a vertebrate paleontologist specializing in Pleistocene terrestrial ecology and blosystemmatics. His undergraduate work was completed at Southern Methodist University and the University of North Texas, in Geology and Biology. His Master's work was completed at the University of Kansas in the field of vertebrate Paleontology. • From 1986 until 1993, Mr. Conkling served as the Park Ranger/Paleontologist 0J/0896(L\PR0P0SALWZ6021.PR5) ii W. 0- ctA A=dans. a� . in charge of the Ralph B. Clark Interpretive Center in Orange County, California. While there, he was in charge of the facility's excavations, developed and hosted interpretive programs for over 150,000 students, and was intimately involved in the design and construction of the Center's dis- plays. In 1990, he and his facility were awarded the National Association of Counties, County Achievement Award. Since 1989, Mr. Conkling has served as a consultant on paleontological mitigation projects in Orange, Los Angeles, Imperial, Riverside, San Diego and San Bernardino Counties. He has been a principal investigator on a series of digs in San Bernardino and Orange County, and he has consulted on display and program development for the Fullerton Museum Center, Chapman University, Los Angeles Fair, Old Courthouse Museum, and Knott's Berry Farm. His research interests and publications include study of verte- brate and invertebrate paleontological faunas, saber tooth cat evolution, description of pathological fossil specimens and a description of a new genus of fossil fish. Mr. Conkling is also a research associate at the Los Angeles County Museum of Natural History and the San Bernardino County Museum. He is a member of Sigma Xi, the Society of Vertebrate Paleontology, Society of Economic Paleontology and Mineralogy, American Association of Mammalogists, and Southern California Geological Society, and is a steering board member of the Mojave Desert Quaternary Research Center. Mr. Conkling has worked extensively on the development and implementa- tion of fossil protection measures for the state and nationwide. As a board member of the Society of Vertebrate Paleontology's Ethics Committee, he has worked to ensure that professional ethical standards are maintained in the science. The Society's Ethics Committee was started largely as a result of an ethics symposium chaired by Mr. Conkling in 1990. While with the County, he worked on revisions to the County's Standard Conditions of Approval to expand protection to fossil resources. He has also consulted with the Cali- fornia State Energy Commission on development of paleontological protec- tion for all projects overseen by that department. Mr. Conkling is also the Curator of Paleontology for the Orange County Natural History Museum. In this capacity, he maintains all locality records for fossil sites within the County, curates all fossils collected within the County at the current storage facility, and coordinates research interests throughout the region. Deborab McLean Ms. McLean is an Assistant Project Manager for LSA, serving as an Archaeolo- gist and Laboratory Director. Her duties include planning and directing _archaeological surveys, excavations, staffing logistics, and laboratory opera- tions, as well as research and report writing. Ms. McLean's experience in- cludes ten years of prehistoric and historic archaeology in California, two years of historic archaeology in several New England states and Texas (under- 01/0 96(LAPROPOSALV2Z602r.PRS) 3 LSA Amdat *A lac water archaeology in the Gulf of Mexico), and prehistoric archaeology in the • midwest, including work at Cahokia Mounds State Park, a World Heritage site. Ms. McLean has served as federal Archaeologist for the National Park Service, at the Denver Service Center. This involved many aspects of national park planning, including planning and directing archaeological surveys and excava- tions, report writing, reviewing contract proposals, and coordinating park planning with members of other disciplines and park superintendents. Ms. McLean received her Bachelor of Arts Degree in Anthropology from Illinois State University and attended the Anthropology Graduate Program at the University of Oklahoma. She is an Orange County certified archaeologist and a member of the Society for Historical Archaeology and the Society for California Archaeology. Ivan Strudwick Mr. Strudwick is an Assistant Project Manager for LSA, serving as Field Director for archaeological field projects and as Assistant Laboratory Director. His duties include planning and directing survey, test and mitigation level projects, and specifically include research, laboratory analysis, report writing, and recommendations. Mr. Strudwick received his MA. in Anthropology, with a specialization in Archaeology, from California State University, Long Beach. His masters thesis concerns the prehistoric circular fishhook of coastal California and its rela- tionship to aboriginal culture areas. Mr. Strudwick is certified by the Society of Professional Archaeologists (SOPA) in Field Archaeology and Collections Research, and has professional certification in both Orange and San Diego counties. Prior to joining LSA, he worked professionally with several cultural resource management firms where he directed survey, test and mitigation level projects, performed laboratory analysis, and completed reports follow- ing local, state and federal guidelines. Mr. Strudwick has over 12 years experience working on various archaeo- logical projects in Orange, Los Angeles, San Diego, Riverside, San Bernar- dino, Santa Barbara, Fresno, Inyo, Mono and Kern counties, California. He also has survey and excavation experience on Santa Catalina, San Clemente and San Nicolas Islands. Mr. Strudwick's orientation is coastal archaeology in Southern California, and he specializes in the identification of maritime arti- facts and marine shellfish. He has been responsible for directing field exca- vations since 1988, and has directed crews of more than 20 individuals. Recently, Mr. Strudwick directed large crews for federal projects on NAS Miramar, MCB and MCAS Camp Pendleton, as well as for the private sector, including field tests of archaeological sites in Palos Verdes Estates, Indian Wells (Lowe Reserve), Santa Ana Mountains (Hicks Canyon), San Joaquin • Hills (Pelican Hill), Escondido and San Marcos. 0V 08/96(L:\PROP0SALNzZ76021.PRS7 4 • Brooks R. Smitb Li LSA Amciater, 1 K Mr. Smith is an Archaeological Surveyor, Excavator and Monitor for LSA. His duties include surveying for archaeological sites, participating in all aspects of archaeological excavations, and monitoring for archaeological resources during construction grading activities. Mr. Smith also has archaeological laboratory experience. His professional experience includes one and one -half years as an archaeological excavator and two and one -half years as an archae- ological monitor. Mr. Smith is also a Paleontological Field Crew Chief and Monitor for LSA. His duties include coordinating field activities for projects that need more than one monitor; monitoring; preparing field reports; collecting specimens; identifying, curating and preparing fossils; field mapping; and preparing geological records (e.g., measured sections, geologic maps, geologic reports). Mr. Smith's training includes two and one -half years of field experience in paleontological monitoring and five years of experience in geologic data collection and interpretation. Mr. Smith holds a Bachelor of Science degree in Earth Science from the University of California at Santa Cruz. He has also completed an intensive three week course in archaeological field methods on San Nicolas Island. Mr. Smith has a certificate in Hazardous Materials Handling and Response, having completed the required 40 hour course. 01/08/9,6 (L.\PRoposAL\zzz602l.PRS) *7 rtA AssodaleA 1. SCHEDULE OF STANDARD CONTRACT PROVISIONS • AND BILLING RATES FEES FOR PROFESSIONAL SERVICES Fixed- -Fee Contracts If a fixed-fee proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided for the fixed fee noted in the Compensation and Terms section of the proposal. All other professional services are considered extra services. Extra services shall be provided on a time and expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance. Hourly Contracts If an hourly plus expenses proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided on a time basis at current hourly rates. These rates are as shown on a Rate Sched- ule that is attached or can be made available. Hourly rates are subject to review at least annually on or about July I each year, and may be adjusted to reflect changing labor costs at our discretion at that time. Out of pocket expenses shall be reimbursed at cost plus 10 %, unless other • arrangements are made in advance, and are not included in the hourly fee for professional services. Out of pocket expenses include, but are not limit- ed to, costs of: 1) reproduction of reports and graphics furnished or pre- pared in connection with the work of the contract, 2) long distance tele- phone and telegraph charges, 3) laboratory services, 4) automobile travel at 30 cents/mile, 5) truck travel at 45 cents /mile, 6) other travel, subsistence, vehicle rental, and lodging in connection with the work of the contract, 7) fees of specialized consultants retained with the approval of the client and 8) facsimile transmittals at one dollar per page. The total estimated amount of time and expenses noted in the Compensation and Terms section of this proposal will serve as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client, FREQUENCY OF BILLING Monthly invoices shall be submitted for progress payment based on work completed to date. Out of pocket expenses shall be billed on the same mon- thly invoice and shall be identified as a separate item. 0 i/04N6(!L 4CORP,CONIRACT.PRO) • M Amdatsr, Inc . PAIMENT OF ACCOUNTS Accounts are due and payable upon receipt of invoice. A service charge of 1V2% of the invoice amount (18% annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. TERMINA77ON REVOCATION • aces may termm tea upon either pa In this event, pal Prior to t e date of erminatic final inv ice in accordance wi -days written notic for t for all seMces an eM ,hall be due'and pa�ble the provisions of th fora J If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received with- in 90 days of the date thereof, unless otherwise specified in the proposal. 01N9/96(L,CORP,CO..NTRACT.PRO) 2 IELPTE-1 LiA Ac date; Ina HOURLY BILLING RATES . OCTOBER 4, 1993 Job Class fcatlon Hourly Rate' PRINCIPAL $100 -165 ASSOCIATE/PROJECT MANAGER $ 65 -120 ASSISTANT PROJECT MANAGER $ 50-75 PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST $ 45 -70 I ENVIRONMENTAL ANALYST /ASST. PLANNER/ASST. ENGINEER $ 40-60 FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGYBIOLOGY) $ 35 -50 RESEARCH ASSISTANT/PECHNICIAN $ 25 -50 FIELD CREW $ 15 -40 GRAPHICS $ 50 • OFFICE ASSISTANT $ 35 WORD PROCESSING $ 45 t The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $175 per . hour regardless of job classification. 01/04/96(L-, CORP 3 . AMENDMENT NO. 1 TO CONSULTANT AGREEMENT ENVIRONMENTAL CONSULTING SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 1 THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this 06 day of June, 1996, by and between the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY ") and the firm of LSA ASSOCIATES, INC., whose address is One Park Plaza, Suite 500, Irvine, CA 92714, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: • A. On February 13, 1996, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include the fieldwork necessary to recover artifacts from archaeological sites ORA- 167/1117 and MBW -S -1 as set forth in CONSULTANT'S Statement of Work dated May 13, 1996, which is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional scope of services is $11,480 ($5,880 for site ORA- 167/1117 and $5,600 for site MBW- S -1) thereby increasing the not -to- exceed compensation amount for AGREEMENT from • $17,700.00 to $29,180.00. 0 0 3. 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 BY: (,;k Public Works Director CONSULTANT BY: XI ..ro A Associates, nc. A EST' Ciq Cle r i LJ • STATEMENT OF WORK - CULTURAL RESOURCE TESTING AT 0 SITES ORA- 167/1117 AND MBW -S -1, CITY OF NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA • I - r May 13, 1996 i I i Prepared for: li The City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 i Newport Beacb, CA 92659 -1768 Prepared by. LSA Associates, Inc. 1 Park Plaza, Suite 500 Irvine, California 92714 (714) 553 -0666 • LSA Project #DM630 0 • TABLE OF CONTENTS • 6M Aswdat.41n PAGE . STATEMENT OF QUALIFICATIONS ............................ 1 APPENDICES A - Schedule of Standard Contract Provisions B - Resumes 05/13N6(LNDII6301PR0P0SAISCP) ii • • I A 2 EXCEPTIONS AND EXCLUSIONS .............................. COSTS BY SITE FOR TESTING . ............................... 3 PROJECT BUDGET .......... ............................... 5 NEED/JUSTIFICATION FOR SPECIAL ANALYSES ................... 8 MANAGEMENT STRUCTURE AND RESUMES OF KEY PERSONNEL ........ ............................... 8 APPENDICES A - Schedule of Standard Contract Provisions B - Resumes 05/13N6(LNDII6301PR0P0SAISCP) ii • • I A i • • L A A.Wdales, me CULTURAL RESOURCE TESTING AT SITES ORA- 167/1117 AND MBW -S -1, CITY OF NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA Based on the current monitoring results, two prehistoric sites will be affected by proposed construction plans. Both sites are located west of MacArthur Boulevard and south of San Miguel Drive. ORA- 167/1117 - This site was originally recorded in two areas, but was incorrectly plotted by the University of California, Los Angeles, Archaeological Information Center. The site is located immediately west of MacArthur Boulevard on the level portion of an open field, north of a knoll and just south of a drainage. This site is a sparsely scattered shell midden with no visible artifacts and an unknown depth. Recent discing indicates that the shell midden measures ap- proximately 70x70 m. MBW -S -1 - On May 9, 1996, this site was identified during grading of the project area. Originally, the site was covered with cactus and a thin veneer of sediments, which obscured it from view. The site is a shell midden located in an area covering less than 50x30 m. No arti- facts were found on the surface. - STATEMENT OF QUALIFICATIONS The Cultural Resource Division of LSA provides archaeological, historical and paleontological consulting services that fulfill California Environmental Quali- ty (CEQA), National Environmental Policy Act (NEPA) and local cultural re- source requirements. We identify cultural resources and evaluate their signi- ficance during a project's planning phases, then develop procedures that either protect or mitigate adverse effects to the cultural resources. LSA's staff archaeologists, project historians and paleontologists have exten- sive experience and capabilities in archival and field research, as well as report preparation, having completed numerous public and private projects throughout northern and southern California. Our personnel are accredited by the Society of Professional Archaeologists (SOPA), and are included on various county lists of certified archaeologists and paleontologists. Typical services include: • Archaeological archival reviews • Historical archival studies • Reconnaissance surveys • Intensive surveys • Cultural resource inventories • Historic properties surveys 05 /13/96(L %DE1630 %PR0P0SALSCP) i I' i • • ' L&A AU does, the • Historical overviews • Architectural recording • Resources for the National Register of Historic Places • Historical cultural resources testing • implement prehistorical cultural resource test investigations • Implement historical data recovery excavations • Implement prehistorical data recovery excavations • Paleontological survey • Paleontological data recovery investigations • Projects for historical resources • Grading projects for prehistoric remains • Grading projects for paleontological remains • Preservation plans • Educational displays for cultural resources • Cultural resource policy and procedure programs EXCEPTIONS AND EXCLUSIONS ISA has proposed on this project based on information observed during field monitoring. It is possible that testing will not recover items or sufficient material to perform specialized analysis (radiocarbon, obsidian, protein residue and bone identification). In this case, costs for specialized studies will not be incurred. Although uncommon, it is possible that the site depth is extremely deep. If depth exceeds 120 cm, the time and cost needed to excavate to sterile sedi- ments will require a budget augment. Also, the recovery of items like obsidian and ceramics, or large quantities of bone, will require additional study and will require additional funding. However, this is unlikely, since the majority of coastal mainland California shell middens contain very few artifacts and are generally limited to ecofacts such as shell and small amounts of bone. A curation agreement and fees between a repository and the City of Newport Beach will be developed, and a one time fee paid to the curation facility. This fee is dependent upon the amount of material recovered, which is un- known at this time. The cost for curation of one cubic foot of material is $75 at the California State University, Fullerton, archaeological storage facility. 05 /13/96(L%DII630%PROPOSALSCP) 2 r1 • • --- ... .. ... al • The tasks to complete the work are outlined below. Fieldwork Testing at both sites will commence with the placement of datums to pro- duce a detailed site map showing topography and major physiographic fea- tures. Additional elements, such as excavation unit locations, will be added to the map as the project proceeds. Following the placement of a site da- tum; - all visible surface artifacts will be collected in labelled bags with provenience to the nearest meter. labels will include site and grid designa- tions. Surface ecofact concentrations (shell, bone, etc.) will also be mapped to show the distribution and variability of the deposit. The surface extent of each site will be mapped based on the presence of surface artifacts. Next, all visible surface features, such as cooking hearths, will be recorded with illus- trations and photographs. 05/13/96(1: %DE1630 %PROPOSALSCP) • - LM AUoda[e; Ina COSTS BY SITE FOR TESTING The purpose of archaeological testing is to determine site boundaries and to assess site importance. If the proposed testing indicates that the research potential of the site has been realized, excavation will be halted, and the site will be considered cleared for development. Project costs are contained in the budget section of this Scope of Work. Although site sizes are different, testing costs for both sites are similar due to the nature of each site. Whereas site ORA 167/1117 is a sparse shell scatter covering a large area, site MBW -S -1 is a concentrated shell midden located within a relatively confined area. Thus, fewer Shovel Test Pits (STPs) will be excavated at MBW -S -1, but they will require more time due to their increased material content relative to ORA- 167/1117. Archaeological testing of both sites within the project area includes the fol- lowing: 1) Preparation of a detailed site map. 2) Surface collection of all visible surface artifacts. 3) Determination of the surface and subsurface extent of each of the sites with controlled excavation using shovel test pits (STPs) and 1x1 m units. 4) Documentation of each site, including photographs and illustrations of all features encountered. 5) Preparation of a technical report describing in detail the research design, methods, results, analysis, and recommendations. • The tasks to complete the work are outlined below. Fieldwork Testing at both sites will commence with the placement of datums to pro- duce a detailed site map showing topography and major physiographic fea- tures. Additional elements, such as excavation unit locations, will be added to the map as the project proceeds. Following the placement of a site da- tum; - all visible surface artifacts will be collected in labelled bags with provenience to the nearest meter. labels will include site and grid designa- tions. Surface ecofact concentrations (shell, bone, etc.) will also be mapped to show the distribution and variability of the deposit. The surface extent of each site will be mapped based on the presence of surface artifacts. Next, all visible surface features, such as cooking hearths, will be recorded with illus- trations and photographs. 05/13/96(1: %DE1630 %PROPOSALSCP) 0 • LSA Associates, Inc Following the collection of surface artifacts and feature recording, a series of STPs will be excavated to make a preliminary determination as to the sub- surface extent and integrity of both sites. When used in conjunction with collected surface artifacts, STPs will also assist in determining site bound- aries. STPs will be placed along an axis oriented either north -south or along an existing landform such as a ridge. In this respect, STPs will follow previ- ously mapped landforms. S'1Ts will be approximately 35 cm diameter, and will be excavated by 10 cm level, with sediments passed through one - eighth inch mesh screen. Culturally related material will be saved in labelled bags. Excavation will be to bedrock or to sterile sediment (sterile sediment is defined as one devoid of culturally related material). All SIN will be backfilled. Placement of a single 1x1 m unit at each site will be based on the location of STPs containing culturally related material. Excavation of 1x1 m units is proposed within areas shown by the surface collection and excavated STPs to contain greater concentrations of culturally related material. Each 1x1 m unit will be hand excavated in a controlled manner to determine the exact nature and depth of the deposit. Artifact and midden deposits in the vicinity of the project area have as little as 2 feet and as much as 12 feet of depth. STP and unit locations will be delineated on site maps. Excavation of 1x1 m units will be by ten cm level following. the natural sur- face contour until a subsurface change is detected, or until bedrock or sterile sediment is encountered. Upon encountering subsurface stratigraphy, exca- vation will change to follow the stratigraphic change. As with STPs, sedi- ments will be screened through one - eighth inch mesh screen, and culturally related material saved in labelled plastic bags. Excavation unit sidewalls will be illustrated and photographed to document stratigraphic changes. Samples of each stratigraphic level illustrated in sidewall profiles will be saved for future analysis. Field notes will be kept to record results of each ten cm level, as well as to record sediment types, disturbance, and additional items observed in the field. Laboratory Analysis All culturally related material will be returned to LSA's laboratory, where it will be washed, dried, and sorted by material type for cataloging. Tools will receive individual field specimen numbers, while ecofacts and the remaining artifacts will be separated by specimen type and level. State of California and professional curation standards will be followed for specimen labels and cataloging. Catalog numbers will be identified by cards indicating accession numbers and placed in bags containing material items such as artifact, debitage and faunal remains. Diagnostic flora and fauna will be labelled and numbered in accordance with the curation institution's guidelines (California State University, Fullerton). All items will be cataloged on standard catalog forms. Projectile points, beads, tools and other diagnostic artifacts will be measured and weighed. Unique and representative artifacts will be photo- • 05 /13/96(c:NDE{630 +PROPO5AL5CF) 4 • `�1 • LtAAuodate; the graphed in the laboratory and/or illustrated to provide the best possible . depiction for publication. All items will then be placed in storage containers for curation. Following completion of laboratory work, analysis of the material will be undertaken. The Field Director, in cooperation with the laboratory Director, will classify all projectile points and formed tools. Gross comparison be- tween identified types will be made with reference to published literature and manuscripts relevant to the region. Faunal material will be sorted into general categories, such as large and small mammal, bird and fish, and sub - mitted for specialized analysis depending upon the recovery of these materials. Bone and shell will be analyzed by qualified specialists. If possi- ble, blood residue, obsidian, and additional analyses will be undertaken depending upon the items recovered. If charcoal is recovered in sufficient quantities in an undisturbed, prehistoric context, radiocarbon analysis will be completed to determine the age of the site. Analysis of obsidian will include sourcing (where it originated) and hydration (age of the obsidian) by profes- sional laboratories. Radiocarbon analysis of two (2) items per site will occur if sufficient material is recovered. Additional analyses such as blood protein residue studies will depend upon the recovery of suitable items. Report Preparation Preparation of a draft technical report will be consistent with the State Office • of Historic Preservation (OHP) Archaeological Resource Management Report (ARMR) for recommended contents and format. The report will indicate the location of all cultural resources tested during the course of the project, and will compare the results of data analysis in discussions citing previously published references. Material recovered will be presented in table format. Photographs or illustrations of all diagnostic items will be presented within the body of the report. Specialized studies will be presented as appendices to the report, as will updated site forms describing testing and results. Project Expenses Additional expenses incurred for the production of a final report include graphics, word processing, report production, supplies, specialized studies and curation. Specialized study and curation costs are itemized based on minimal recovery. Analysis, illustration, photography, and special studies will be minimal, dependent upon the recovery of specific items. Thus, costs for special studies and curation may or may not be incurred, depending upon the amount and types of items found. PROJECT BUDGET . The following pages contain the project budget for this scope of work. 05 /13/96(1: +DC1630 -.PAOPOSALSCP) 5 31 E ORA- 167/1117 Task Fieldwork Laboratory Analysis Report Preparation Project Expenses Graphics Word Processing Production Supplies Specialized Studies Subtotals Total Budget Estimate 40 M A=ciate4 Ina • Cost cost Authorization Possible Requested Future Now Authorization $5,880 2,400 2,240 500 810 210 250 2,000 $5,880 $8,410 $14,290 05/13/96(1:•DII630•PHOPOSALSCP) 6 u V • • MBW S -1 LSA Al dates, me Task Cost Cost Authorization Possible Requested Future Now Authorization Fieldwork $5,600 Laboratory Analysis 2,400 Report Preparation 2,240 Project Expenses Graphics Word Processing Production Supplies Specialized Studies Subtotals Total Budget Estimate 05/13/96(1: •DE1630,PROPOSALSCP) 500 810 210 250 2,000 $5,600 $8,410 $14,010 7 AMENDMENT NO. 2 TO CONSULTANT AGREEMENT • ENVIRONMENTAL CONSULTING SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 1 THIS AMENDMENT NO. 2 TO CONSULTANT AGREEMENT, made and entered into this day of , 1996, by and between the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY ") and the firm of LSA ASSOCIATES, INC., whose address is One Park Plaza, Suite 500, Irvine, CA 92714, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: A. On February 13, 1996, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. Amendment No. 1 to AGREEMENT was entered into by and between • CITY and CONSULTANT on June 13, 1996, expanding CONSULTANT'S scope of services to include fieldwork necessary to recover artifacts from archaeological sites ORA 167/1117 and MBW -S -1, and increasing CONSULTANT'S compensation amount from $17,700.00 to $29,180.00. C. CITY and CONSULTANT mutually desire to further amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include the following general categories of work: a. Laboratory analysis of artifacts recovered from archaeological site test investigations. b. Specialized studies such as obsidian sourcing and hydration, protein . residue analysis, and radiocarbon analysis. lJ� • • C. Excavation of prehistoric human remains (one skeleton) and assistance regarding its disposition. d. Coordination with Orange County Coroner, Native American Heritage Commission in Sacramento, and tribal representatives designated as "mostly likely descendants ". e. Draft and Final Report Preparation Such additional services are more fully described in CONSULTANT'S letter dated July 25, 1996 which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional services is set forth in Exhibit "A" and is in the amount of $ , thereby increasing the total not - to- exceed compensation amount for services covered by AGREEMENT from $29,180.00 to 3. 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 PIN APPROVED AS TO FORM: City Attorney Mayor CONSULTANT F-W . ATTEST: City Clerk LSA Associates, Inc. • TO: FROM: El BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAY R 1995 APPROVED MAYOR AND MEMBERS OF THE CITY COUNCIL PUBLIC WORKS DEPARTMENT • 01f) May 8, 1995 CITY COUNCIL AGENDA ITEM NO. 17 SUBJECT: MACARTHUR BOULEVARD WIDENING PROJECT, SEGMENT 1 CONSTRUCTION FROM PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS ROAD (C- 2825) (A) RECOMMENDATIONS: 1. Approve Cooperative Agreement No. 12 -237 with Caltrans for Oversight of MacArthur Boulevard Widening Segment 1 Construction. 2. Authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. DISCUSSION: • On June 14, 1993, the City Council approved Cooperative Agreement No. 12- 133 with Caltrans which provided for their oversight of the MacArthur Boulevard Widening project design. That Agreement pertained to the entire project length extending from Pacific Coast Highway to Ford Road. Recital No. 11 of Agreement No. 12 -133 stipulated that oversight by Caltrans relative to construction of the project would be the subject of a separate future agreement. Design for Segment 1 of the MacArthur Boulevard Widening (Pacific Coast Highway to 1000' northerly of San Joaquin Hills Road) is now substantially complete. Bidding of the construction work is scheduled for June and July of this year with actual construction operations expected to begin in September 1995. Prior to the start of construction work, encroachment permits need to be issued by Caltrans. A prerequisite to the issuance of the encroachment permits is that a cooperative agreement between the City and Caltrans for construction oversight be entered into by the two agencies. Cooperative Agreement No. 12 -237 has been prepared to fulfill the above described requirements. A summary of the key provisions is as follows: A. CITY agrees to: • 1. Advertise, award, and administer the construction contract for Segment 1 improvements. 2. Be responsible for construction surveying, materials testing, quality control, and adherence to contract plans and specifications through a Resident Engineer. 3. Fund 100% of the Segment 1 costs. 4. Make progress payments, prepare a final accounting, and provide as -built plans. SUBJECT: MACARTHUR BOULEVARD WIDENING PROJECT, SEGMENT 1 CONSTRUCTION FROM PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS ROAD (C -2825) May 8, 1995 • Page 2 B. STATE agrees to: 1. Issue encroachment permits at no cost to City or City's construction contractor. 2. Provide personnel for construction oversight at Caltrans' expense. 3. Contribute an agreed upon lump sum amount of $600,000 to City as reimbursement for improving the roadway to a condition appropriate for relinquishment. 4. Pay the $600,000 to City upon completion of Segment 2 construction and concurrent with actual relinquishment of the roadway by Caltrans to City now anticipated to occur in April 1997. • C. CITY and STATE mutually agree that: 1. Caltrans will accept maintenance responsibility for roadway improvements upon satisfactory completion by City and City's contractor and until the roadway is formally relinquished by Caltrans to City. 2. Another similar cooperative agreement for construction oversight will be entered into for Segment 2 (San Joaquin Hills Road to Ford Road). Cooperative Agreement No. 12 -237 is similar in form to other previous cooperative agreements entered into between the City and Caltrans. The terms of the Agreement are reasonable and fair, and staff recommends its approval. W • Don Webb Public Works Director l 12- ORA -73, PM 0.0/T1.98 Widen and Realign MacArthur Blvd. Between Route 1 and Ford Road 12222 - 005331 District Agreement No. 12 -237 om rN.Wiffig C 9 i 037MR WO u This AGREEMENT, entered into one , 19is between the STATE of CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF NEWPORT BEACH, a body politic and a municipal corporation of the STATE of California, referred to herein as "CITY" • Distr 0Agreement No. 12 -237 (1) STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. (2) MacArthur Boulevard from Pacific Coast Highway to San Diego Creek is a State expressway, with limited access. The surface and shoulders are in need of repair, widening and modification of both vertical and horizontal alignment to accommodate existing and projected traffic. (3) Assembly Bill No 86 amended Section 373 of the Streets and Highway Code, revising the route description for Route 73 and relinquishing MacArthur Boulevard from Pacific Coast Highway to the San Joaquin Hills Transportation Corridor to the local authorities when the San Joaquin Hills Transportation Corridor is completed. (4) Section 73 of the Streets and Highway Code provides for the State to place the highway in a state of good repair before it is relinquished to the local agency and while the proposed widening improvements assist in accomplishing that goal, portions of the highway not affected by this project will remain in need of rehabilitation. 1 • Distri• Agreement No. 12 -23� (5) Project Study Report (PSR) for MacArthur Boulevard from Pacific Coast Highway to San Diego Creek was approved by STATE on July 29, 1991. (6) Final Environmental Impact Report No. 150 for MacArthur Boulevard widening from Pacific Coast Highway to San Diego Creek and the extension of Bison Avenue was prepared by the City of Newport Beach in compliance with CEQA guidelines and in consultation with the California Depart- ment of Transportation, the City of Irvine, the Transportation Corridor Agency, the University of California, Irvine and other concerned agencies. Final EIR No. 150 was certified by the Newport Beach City Council on April 13, 1992. (7) Right -of -way required for widening MacArthur Boulevard from Pacific Coast Highway to Newport Beach City limits at Ford Road will either be donated or acquired in accordance to standard Caltrans policy under Uniform Act. (8) CITY desires to construct State highway improvements consisting of lane widening on Route 73 from PCH to approximately 1000 feet northerly of San Joaquin Hills Road, and is willing to fund one hundred percent (100°x) of all capital outlay and staffing costs, except that costs 2 • Distrio- Agreement No.p,.. � of STATE's oversight of construction activities will be borne by STATE. (9) STATE desires to construct improvements to the existing Route 73 from PCH to Ford Road per PSSR dated 6 -29 -93 for Route 73 from PCH to Bison Road. The cost for these maintenance improvements within the limits of the widening project (Route 73 from PCH to Ford Road) is $600,000. (10) CITY and STATE desire to complete Route 73 improvements under the same construction contract in order to minimize inconvenience to public and realize the benefit of administering one contract for both of the Route 73 improvements. (11) CITY is preparing the plans and contract documents for the widening and maintenance improvements per terms of a Cooperative Agreement which set out project development's responsibilities. The Cooperative Agreement was executed by STATE and CITY on June 14, 1993 (District Agreement No. 12 -133, Document No. 8788). (12) CITY desires to advertise, award and administer construction contracts for the widening and maintenance improvements in order to bring about the earliest possible completion of projects. .93 10111 DistAt Agreement No. 12 -237 (13) CITY desires to accomplish the widening and maintenance improvements in two phases. The first phase would construct the widening improvements on Route 73 from PCH to approximately 1000 feet north of San Joaquin Hills Road, under a contract and include STATE's improvement to existing highway, all referred to herein as PROJECT. Orange County Transportation Authority (OCTA) funding will be available providing that PROJECT construction contract to be awarded by June 30, 1995, with construction during the 1995/96 fiscal year. The second phase would construct improvements to Route 73 from approximately 1000' north of San Joaquin Hills Road to Ford Road. Construction for this second phase is scheduled per OCTA funding requirements during the 95/96 or 96/97 fiscal year and will be the subject of a separate future Agreement. (14) State funding of $ 600,000 is programmed into the 96/97 fiscal year for the improvements including all costs associated with placing the highway in a state of good repair on Route 73 from PCH to Ford Road. (15) CITY and STATE improvements are to be included in PROJECT contract with funds advanced by CITY. STATE will reimburse CITY for the cost of STATE's portion of improvements on Rte 73 from PCH to Ford Road ($600,000) upon completion of the construction for the second phase improvements of Route 73 from approximately 1000 feet 0 Mal Distri• Agreement No. 12 -237 north of San Joaquin Hills Road to Ford Road and upon the relinquishment of Route 73. Construction of the second phase improvements will be addressed under a separate future Agreement. (16) STATE is agreeable to CITY's proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT to Route 73 between PCH and approximately 1000' north of San Joaquin Hills Road. (17) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained. (1) To advertise, award and administer the construction contract for PROJECT in accordance with requirements of the Local Agency Public Construction Act and California Labor Code, including its prevailing wage provisions. workers employed in the performance of work contracted for by CITY, and /or performed under encroachment permit, are covered by provisions of the Labor Code in the same manner as are workers employed by STATE's Contractors. CITY shall obtain applicable wage rates from the STATE 5 , 1011 Distri�C Aieement No. 12 -2371 Department of Industrial Relations and shall adhere to the applicable provisions of the State Labor Code. Violations shall be reported to the State Department of Industrial Relations. (2) To utilize the services of a qualified public agency in all right of way acquisition related matters in accordance with STATE procedures as contained in the Right of Way Procedural Handbooks. Whenever personnel other than personnel of qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified right of way person employed or retained by the CITY and supervised by the STATE. (3) To apply for necessary encroachment permits for required work within State Highway rights of way, in accordance with STATE Is standard permit procedures, as more specifically defined in Articles (2), (3), (4), and (5) of Section III, of this Agreement. (4) To require that the construction contractor furnish both a payment and performance bond in CITY's name, with both bonds complying with the requirements set forth in Section 3 -1.02 of STATE's current Standard Specifications. 0 ! , 8 Distr i Agreement No.� 1 1 34 (5) To construct PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. (6) Contract administration procedures shall conform to the requirements set forth in STATE's Construction Manual, Local Programs Manual and the encroachment permit for construction of PROJECT. (7) Construction within the existing or ultimate State right of way shall comply with the requirements in STATE's Standard Specifications and PROJECT Special Provisions, and in conformance with methods and practices specified in STATE's Construction Manual. (8) Surveys shall conform to the methods, procedures, and requirements of STATE's Surveys Manual and Monumentation. Maps shall be filed with County Recorder within 60 days of completion of contract. (9) Material testing and quality control shall conform to the State Construction Manual and the State Material Testing Manual, and be performed, at CITY expense, by a certified material tester acceptable to STATE. Independent assurance testing, specialty testing, and off -site source inspection and testing shall be performed by STATE at no 7 J 10111 • Distrio Agreement No. 12 -237 #' cost to CITY except as noted herein. CITY shall reimburse STATE for any additional travel expenses incurred by STATE for off -site inspection and testing performed by STATE which is more than 300 airline miles from both Sacramento and Los Angeles. Approval of the type of asphalt and concrete plants shall be by STATE, at STATE expense. (10) To furnish, at CITY's expense, and subject to approval of STATE, a field site representative who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. If the PROJECT plans and specifications were prepared by a private engineering company, the Resident Engineer shall not be an employee of that company. The Resident Engineer shall also be independent of the construction contractor. (11) To pay one hundred percent (1000) of the actual costs of construction including costs of claim settlement required for satisfactory completion of PROJECT, changes pursuant to contract change orders concurred with by the STATE representative and any "State furnished material ". (12) At CITY expense, to furnish qualified support staff, subject to approval of STATE, to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking 9 • Distrio Agreement No. 12-237 shop drawings, preparation of estimates and reports, preparation of As -built drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the plans and specifications. Said qualified staff support shall be independent of the design engineering company and construction contractor, except that the project designer may check the shop drawings, do soils foundation tests, test construction materials, and do construction surveys. (13) To make the progress payments to the contractor using CITY's funds and pay all costs for required staff services as described in Articles (10) and (12) above of this Section I. STATE representative may review all contract progress pay schedules. STATE does not assume responsibility for accuracy of itemization on progress pay schedules. (14) Within sixty (60) days following the completion and acceptance of PROJECT construction contract, to furnish STATE a complete set of acceptable full -sized film positive reproducible As -built plans and all contract records, including survey documents and microfilm copy of all structure plans. (15) Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of 60 1.0111 DistrilP Agreement No. 12 -237 PROJECT located outside of current STATE right of Way until acceptance- of any such part of PROJECT into the State highway system by STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. (16) If CITY terminates PROJECT prior to completion of the construction contract for PROJECT, STATE may require CITY, at CITY's expense, to return right of way to its original condition or to a condition of acceptable permanent operation. If CITY fails to do so, STATE reserves the right to finish PROJECT or place PROJECT in satisfactory permanent operation condition. STATE will bill CITY for all actual expenses incurred and CITY agrees to pay said expenses within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionment due CITY from the Highway User Tax Fund. (17) To be responsible, at CITY expense, for the investigation and remediation of any potential hazardous waste and /or underground tanks encountered during construction of project outside the existing state highway right of way. 10 • Dist ot,Agreement No. 12l�7 (1) To issue, at no cost to CITY and CITY's contractor, upon proper application by CITY and by CITY's contractor, the necessary encroachment permits for required work within the State highway rights of way, as more specifically defined in Articles (2), (3), (4), and (5) of Section III, of this Agreement. (2) To provide, at no cost to CITY, a qualified STATE representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the encroachment permit(s) issued to CITY and to CITY's contractor. (3) To provide, at CITY expense, any "State furnished material" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. (4) To be responsible, at STATE expense, for the investigation and remediation of potential hazardous waste and /or underground tanks encountered during construction of project within existing state highway right of way, if it is determined that source of contamination is within the existing state highway right of way and that the contamination presents a threat to public health or 11 10111 Distriv Agreement No. 12 -237 environment regardless of being disturbed or not. CITY intends to perform the investigation and any necessary remediation for STATE and STATE will reimburse CITY for actual cost incurred by CITY in satisfactory performance of such work. CITY shall comply with appropriate regulatory agencies requirements and obtain STATE's approval prior to performance of any remediation work. (5) To reimburse CITY for the actual costs related to the improvement of the pavement and shoulder areas not affected by this project but needed to be brought to a state of good repair before relinquishment to CITY. The reimbursement amount is not to exceed $600,000 with no additional costs to STATE for the project limits of Pacific Coast Highway to Ford Road. Such reimbursement to CITY will be either lump sum or installments covered by a separate future Agreement for the second phase improvements to Route 73 from approximately 1000 feet north of San Joaquin Hills Road to Ford Road scheduled for the 96/97 fiscal year. (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the 12 0111 Distr o Agreement No. 12 -237 Legislature and the allocation of resources by the California Transportation Commission. All obligations of CITY under the terms of this Agreement are subject to the availability and appropriation of funds as determined by the City of Newport Beach City Council. (2) Construction by CITY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until CITY's original contract plans involving such work and plan for utility relocation have been reviewed and approved by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an encroachment permit to CITY authorizing such work has been issued by STATE. (3) CITY will obtain aforesaid encroachment permit through the office of State District Permit Engineer and CITY's application shall be accompanied by five (5) sets of reduced construction plans of aforesaid STATE approved contract plans. Receipt by CITY of the approved encroachment permit shall constitute CITY's authorization from STATE to proceed with work to be performed by CITY or CITY's representatives within proposed STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's 13 10111 Distri'Ct Agreement No. 12 -237 compliance with all provisions set forth in this Agreement and said encroachment permit. (4) CITY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE rights of way or which affect STATE facilities. The application by CITY's contractor for said encroachment permit shall be made through the office of STATE's District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT on file with CITY. (5) CITY shall provide a right of way certification prior to the granting of said encroachment permit by STATE, to certify that legal and physical control of rights of way were acquired in accordance with applicable State and Federal laws and regulations. (6) If CITY desires to hire Caltrans to perform the right of way activities, CITY agrees to enter into a Right of Way Services Agreement with the STATE. (7) CITY's construction contractor shall maintain in force, until completion and acceptance of PROJECT construction contract, a policy of Contractual Liability Insurance, 14 10111.... Distrif Agreement No. 12 -237 including coverage of Bodily Injury Liability and Property Damage Liability- in accordance with Section 7 -1.12 of State Standard Specifications. Such policy shall contain an additional insured endorsement naming STATE, its officers, agents and employees as additional insured. Coverage shall be evidenced by a Certificate of Insurance which shall be delivered to STATE before the issuance of an Encroachment Permit to CITY contractor. (8) Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice. (9) In construction of said PROJECT, representatives of CITY and STATE will cooperate and consult, and all work pursuant to PROJECT shall be accomplished according to approved plans, specifications and applicable STATE standards. Satisfaction of these requirements shall be verified by STATE representative. STATE representative is authorized to enter CITY's property during construction for the purpose of monitoring and coordinating construction activities. (10) Changes to PROJECT plans and specifications shall be implemented by contract change orders. Changes affecting work in STATE right of way shall be reviewed and concurred with by STATE representative in advance of performing the work. Unless otherwise directed by STATE representative, 15 10111 DistriopAgreement No. 12 -237 changes authorized as provided herein will not require an encroachment permit rider. All changes shall be shown on the As -built plans referred to in Section I, Article (14) of this Agreement. (11) CITY shall provide a claims process acceptable to STATE and shall process any and all claims through CITY's claim process. The STATE representative will be made available to CITY to provide advice and technical input in any claim process. (12) If any existing public and /or private utilities conflict with PROJECT construction or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation or removal in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement of the State highway and in accordance with CITY policy for those facilities located outside of the limits of work for the State highway. Total costs of such protection, relocation or removal shall be determined in accordance with STATE policy and procedure. CITY shall require any utility owner and /or its contractors, except CITY's utility relocations which are shown on the plans and are included in Project Encroachment Permits performing relocation work in STATE's right of way to obtain a STATE encroachment 16 10111 Distrit Agreement No. 12 -237 permit prior to the performance of said relocation work. Any relocated or new facilities shall be correctly shown and identified on the As -built plans referred to in Section I, Article (14) of this Agreement. (13) If any unforeseen potential hazardous waste and /or underground tanks are encountered during construction of PROJECT, CITY shall be responsible, at CITY's expense, for the investigation and remediation. STATE shall reimburse CITY for the cost if the following conditions are met: the hazardous waste and /or underground tanks are within existing STATE's right of way, and the contamination presents a threat to public health or the environment regardless of being disturbed or not. If STATE's cost to mitigate is increased due to PROJECT, the additional cost shall be borne by CITY. (14) Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined that within such areas as are within the limits of PROJECT and are open to public traffic, CITY shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's vehicles, the construction contractor's equipment and vehicles and /ter vehicles of the personnel retained by CITY and for the protection of the 17 Distrio ?,greement No. 12 -237 traveling public from injury and damage from such vehicles or equipment. (15) Upon completion and acceptance of PROJECT construction contract by CITY to the satisfaction of STATE representative, and subsequent to the execution of a maintenance agreement, STATE will accept control of and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except local roads delegated to CITY for maintenance. State will maintain, at STATE's expense, the entire structure below the deck surface, of any CITY local road overcrossings. (16) CITY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside the STATE's right of way. Also, CITY will maintain, at CITY expense, local roads within STATE's right of way delegated to CITY for maintenance and remaining portions of any local road overcrossing structures, including the deck surface and above, as well as all traffic service facilities that may be required for the benefit or control of CITY's local road traffic. (17) STATE will maintain the traffic control signal system and safety lighting as installed and pay an amount equal to 50 °s of the total maintenance costs, including electrical energy costs. CITY shall reimburse STATE for CITY's M • 10111 District Agreement No. 12 -237 proportionate share of said maintenance to be an amount equal to 50% of the costs, including electrical energy cost intersection on PCH and MacArthur Blvd pay full maintenance costs, including costs. costs, such share total maintenance s, except for the where STATE will electrical energy (18) STATE will operate the traffic control signal(s) as installed and pay one hundred percent (100°;) of the operation cost. (19) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances which are installed within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as hereinabove stated except upon completion of second phase of the Project, STATE shall relinquish and CITY shall accept MacArthur Blvd. from PCH to Ford road. (20) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State 19 10lu Distri* Agreement No. 12 -237 highways different from the standard of care imposed by law. (21) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suit or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (22) Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY, all officers and employees from all claims, suit or actions of every name, kind and 20 � . R 10111 Distri Agree ent No. 12 -237 description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (23) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. (24) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by CITY or on December, 1996, whichever is earlier in time; however, the ownership, operation, maintenance, and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. 21 Distr AP- greement No. 12 -237 (25) A separate Cooperative Agreement will be required to cover responsibilities and funding for the second phase construction referred to in Article (13) of RECITALS. STATE OF CALIFORNIA CITY OF Newport Beach Department of Transportation D D. JAMES W. VAN LOBEN SELS By Director of Transportation Mayor By �o Attest :' vWalt H. Hagen City Cle District Division Chief �E`wP0,4T Design Approved as to Form and Procedure cR- .q P as/ 4,7o or7 Att qey, City At Depar ment of Transportation Certified as to form and procedure Accoun ing Administrator Certified as to Funds District Resource Manager 22 and procedure ANSULTANT AGREEME CIVIL ENGINEERING SERVICES DURING CONSTRUCTION OF MACARTHUR BOULEVARD WIDENING - SEGMENT 1 /TJHIS AGREEMENT, entered into this day of 771 �'c_ll ,1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Robert Bein, William Frost & Associates whose address is 14725 Alton Parkway, Irvine, CA 92619 -7057 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CONSULTANT is a private consulting firm organized under the laws of the State of California to conduct the business of providing professional civil engineering and land surveying services to public and private entities. C. CITY has identified the widening of MacArthur Boulevard between Pacific Coast Highway and Ford Road as a project resulting in substantial public benefit and improvement to the City's transportation and circulation system. CITY has awarded Contract No. 2825(C) to Griffith Company for construction of Segment 1 of the MacArthur Boulevard Widening project which extends from Pacific Coast Highway to approximately 1000 feet northerly of San Joaquin Hills Road. D. CONSULTANT has submitted a proposal dated February 1, 1996, offering to provide project survey control, quantity verification, and design clarification services during construction operations to be performed under Contract No. 2825(C). E. CITY desires to accept CONSULTANT's proposal dated February 1, 1996, to provide such construction suport services. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on the date written above and shall terminate on June 30, 1997, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Proposal dated February 1, 1996, attached hereto and identified as Exhibit "A ". SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference. Billing shall be on a time and materials basis and shall not exceed $29,500.00 without further written authorization. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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 express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies except workers' compensation and professional liability shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company authorized to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance: 3 0 0 1. Worker's compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. 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. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall provide that coverage shall not be canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt 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. B. SUBROGATION WAIVER 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. C. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement, except for workers' compensation and professional liability. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible E 0 0 portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 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 of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS 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. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. 4 0 0 CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. 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 second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Robert Bein, William Frost & Associates 14725 Alton Parkway Irvine, CA 92619 -7057 Attention: Michael J. Bruz, P.E. (714) 472 -3505 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. r 0 46 SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 16. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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 hereof. 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 above written. APPROVED T FORM: City Attorney CITY OF NEWPORT BEACH, a municip7oti on 1 BY: P ORKS DIRECTOR CONSULTANT BY:UU2��2 - 29 -9l0 ROBERT BEIN, WILLIAM FR ASSOCIATES CITY CLERK 0 `I bbert'Beiq,`William `Frost 6,c�4ssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS February 1, 1996 Mr. Gail Pickart Project Management Consultant CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Proposal for Professional Surveying and Engineering Services MacArthur Boulevard Widening Pacific Coast Highway to 0.4 Miles n/o San Joaquin Hills Road Dear Gail: JN 32581 At your request, Robert Bein, William Frost & Associates has prepared this proposal to provide professional surveying and engineering services to assist the City during construction of MacArthur Boulevard - Segment 1. Generally, the work will consist of establishing horizontal and vertical survey control, field topography for unsuitable materials removals, field quality assurance surveys, centerline monumentation surveys and assistance in resolving issues that may arise during the course of construction. RBF will complete this work as outlined in Exhibit "A' - "Scope of Services ". A summary of professional fees is provided in Exhibit "B" - "Compensation/Manhours ". `p ofessianal &rvice Since 1944 14725 ALTON PARKWAY • P.O. BOX 57057 • IRVINE, CALIFORNIA 92619-7057 • (714) 472 -3505 • FAX (714) 472 -8373 OFFICES LOCATED THROUGHOUT CALIFORNIA pplIld 11 1MY111d papa, Mr. Gail Pickart • February 1, 1996 Page 2 We at Robert Bein, William Frost & Associates appreciate this opportunity to be of continuing service to the City of Newport Beach and look forward to assisting the City of Newport Beach during the construction phase of this project. Please call me if you have any questions and/or require additional information. Sincerely, Michae . Bruz, P.E. Associate Public Works Engineering MB:mjb/32581.001 pc Accounting (2) Bob Kallenbaugh Mike Miller JN 32581 Robert Bein, William Frost & Associates Page 1 of 3 Contract Agreement for Job Number 32581 February 1, 1996 EXHIBIT "A" SCOPE OF SERVICES Consultant agrees to provide the following Scope of Services: TASK 1 PROJECT SURVEY CONTROL Consultant shall establish project horizontal and vertical survey control. An exhibit shall be provided showing location, coordinate values, elevations and recovery sheets for aerial targets set for project photogrametric topography. In addition, Consultant shall set twelve (12) additional horizontal control points at locations which will be useful for construction staking. A total of three (3) field crew days has been budgeted to establish the additional project control. TASK 2 REMEDIAL GRADING TOPOGRAPHY Consultant shall perform field topography within areas of unsuitable materials removal, as directed by the City of Newport Beach. Topography shall be field data collected and plotted at an appropriate scale and supplied to the Client on a timely basis. Scheduling for remedial topography shall be done by the Client or his designee at least one day prior to required field surveying. Sub - drains can also be located and plotted at the request of the Client. A budget of 16 crew hours and 8 office hours has been established for this work task. TASK 3 FIELD QUALITY ASSURANCE SURVEYS Consultant shall provide additional surveys, at the request of the Client for project quality assurance. Requests for quality assurance surveys shall be made in writing, a minimum of 24 hours prior to field surveying. A total of 24 crew hours and 12 office hours has been budgeted for this work task. TASK 4 CENTERLINE MONUMENTATION PERPETUATION Consultant shall reference and tie out existing centerline monumentation for Segment 1 prior to construction. At the conclusion of construction, Consultant shall pre -set these monuments in their original location. Corner records for monumentation shall be filed with the County Surveyors office for both tie surveys and monument re- establishment. JN 32581 Robert Bein, William Frost & Associates Page 2 of 3 Contract Agreement for Job Number 32581 February 1, 1996 EXHIBIT "A" SCOPE OF SERVICES (cunt.) TASK 5 CONSTRUCTION ASSISTANCE Consultant will assist the City in resolving issues that arise during the course of construction. This task may include answering questions by telephone or in the field, providing construction details as requested by the City and attendance at construction meetings. For budgetary purposes a total of 80 manhours has been allocated for this task. Exhibit "A" Client Initials JN 32581 Robert Bein, William Frost & Aseates Page 3 of 3 Contract Agreement for Job Number 32581 February 1, 1996 EXHIBIT `B" COMPENSATION Client agrees to compensate Consultant for such services as follows: Monthly on a time and materials basis. For budgetary purposes, a professional fee of $29,300 plus an allowance of $200 for reimbursable expenses has been established for the Scope of Services identified in Exhibit "A ". WORK TASK FEE TASK 1 Project Survey Control $4,900 TASK 2 Remedial Grading Topography $3,200 TASK 3 Field Quality Assurance Surveys $4,800 TASK 4 Centerline Monumentation Perpetuation $7,200 TASK 5 Construction Assistance 122M SUBTOTAL $29,300 Reimbursables Allowance 00 TOTAL $29,500 Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. The Client shall make every reasonable effort to review invoices within fifteen (15) working days from receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. The fe propo d here shall pap ly until ebruary 997. e to e rchan 'ng sts, a E L Erg, p nsulta will in ease t se ortlo s of the ontract e for ch wo m till e co feted ter Feb Nary 199k i Work shall commence upon receipt of a signed copy of this Contract Agreement. Exhibit Client Initials >J JN 32581 ENVIRONMENTAL CONSULTING SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 1 THIS AGREEMENT, entered into this 3f h day of 6 b , 11996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA ASSOCIATES, INC., whose address is One Park Plaza, Suite 500, Irvine, CA 92714 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CONSULTANT is a private consulting firm organized under the laws of the State of California to conduct the business of providing professional archaeological and paleontological services to public and private entities. C. CITY has identified the widening of MacArthur Boulevard between Pacific Coast Highway and Ford Road as a project resulting in substantial public benefit and improvement to the City's transportation and circulation system. CITY has awarded Contract No. 2825(C) to Griffith Company for construction of Segment 1 of the MacArthur Boulevard Widening project which extends from Pacific Coast Highway to approximately 1000 feet northerly of San Joaquin Hills Road. D. CONSULTANT has submitted a proposal dated January 8, 1996, offering to provide archaeological and paleontological monitoring services during grading and trenching operations to be performed under construction Contract No. 2825(C). E. CITY desires to accept CONSULTANT's proposal dated January 8, 1996, to provide such archaeological and paleontological monitoring services. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on the date written above and shall terminate on June 30, 1997, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated January 8, 1996, attached hereto and identified as Exhibit "A ". 0 0 CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. Billing shall be on a time and materials basis according to the standard rates set forth in Exhibit A and shall not exceed $17,700.00. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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 express terms of this Agreement. SECTION 6. BOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies except workers' compensation and professional liability shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company authorized to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance: 2 0 0 1. Worker's compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. 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. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall provide that coverage shall not be canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt 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. L -�1A 3Zr7_1% 061310-1 'IO 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. C. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement, except for workers' compensation and professional liability. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible 97 E 0 portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 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 of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS 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. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. 4 • CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. 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 second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: LSA Associates, Inc. One Park Plaza, Suite 500 Irvine, California 92714 Attention Carolyn Lobell (714) 553 -0666 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. 5 • 0 • •Z•b�•1�� � lC�>iL•]:1 If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 16. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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 hereof. 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 above written. CITY OF NEWPORT BEACH, a municipal corporation BY: G PU C WORKS DIRECTOR APPROVED S TO FORM: City Attorney CONSULTANT BY: 4 A ASSOCIATES, INC. ATTEST: CITY CLERK 6 CS�F Jett Principals Rob Belo, [.v, GdevnlLtc La, Cartl S¢ ^c Gmmbob„ R,,;,, -, it•,,,;, Art 11.... L.t„r Kna..... Gtm,Gc Karilk, C•; rullv,t Lobel/ Bill I1.n rr' RnD R„L .1 cnw,bola .r »lean „1. Sprat'! 0 EXHIBIT A LSA January 8, 1996 Mr. Greg Deist Deist - Binsfield, Inc. 30100 Town Center Dr., #225 Laguna Niguel, California 92677 • LSA Associates, Inc. Lnaimnrnental Analysis liansPo"xion Lnginening Rana... 11an.Tr,uent C"'a...ra,it) Pl.voting Fkaloguwl Restonndnt Kcsnnme LanaunitI Subject: Cultural Resources and Paleontological Monitoring Proposal for the MacArthur Boulevard Widening Project, City of Newport Beach, County of Orange, California Dear Mr. Deist: d,su<i.rt c -, Attached please find the LSA Associates, Inc. (LSA) scope of work and cost Debm,d� Naer estimate for cultural resources and paleontological monitoring for the MacArthur Boulevard Widening Project in the City of Newport Beach. If you Ga,;,, n,,;; have any questions or comments, please call Lyn Calerdine or me at (714) K'.,,, ri ... be 553 -0666. Rah ...d Hale <;•a 11"beh llt:ddl, >;,,” As is customary, I have listed as Task 1 the records searches that always Clint Keit,,e precede any field work. However, since they were completed for the EIR in B,.,,,,,n Le, this case, there is no further cost associated with this task. LSA estimates that )aadmt nits,,;; a budget of $17,700 will be required to complete the tasks outlined in the r. W °ettt° 0'(. wn dt scope of work. Per your FAX dated January 2, 1996, 1 have based the dura- a„ d,,,,,, M,:„ tion of monitoring on your estimate of a total of 30 working days. I assume Jill %I,. ;/ these are eight hour days. if monitoring is required for more or less time, a budget adjustment will be made. If you agree with this proposal, including the attachment, please approve by signing below and returning a copy of this letter to us. This approved pro- posal will constitute a contract. Upon finalization of a written agreement, LSA will commence work on this project. 01 /08/96(L:,PROPOSAL,ZZZ602I.LTR) One Park Plaza, Suite 500 Telepbea e714 5530666 Leone, California 92714 Facsimile 7145538076 LSA Associates, Inc. LSA looks forward to working with you on this project. Sincerely, LSA ASSOCIATES, INC. 6 k `ryJ cx -4-'V � Deborah McLean Assistant Project Manager Attachments: Scope of Services Qualifications of Key Personnel Standard Contract Provisions THE ABOVE STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED CONSULTANT: CLIENT: LSA Associates, Inc. Company Authorized Si natu//re Authorized Signature �tl;I eC Title Title Date 01ro8/96(1-.•.PaoPOSAt.,ZZZCO2I.LTR) 2 0 0 rSA Assodate4 Inc CULTURAL RESOURCES AND PALEONTOLOGICAL MONITORING PROPOSAL FOR THE MACARTHUR BOULEVARD WIDENING PROJECT, CITY OF NEWPORT BEACH, COUNTY OF ORANGE, CALIFORNIA SCOPE OF WORK TASK 1 - RECORDS SEARCH Arcbaeologkal Per the California Environmental Quality Act (CEQA), ISA Associates, Inc. (ISA) completed the required archaeological and historical records review and literature search through the Archaeological Information Center located at the University of California, Los Angeles. The records search provided archaeological and historical site and survey information within and surrounding the project area. All pertinent references will be reviewed and summarized in the monitoring report. The objective of this archival research was 1) to establish the extent of previ- ous surveys within the project area, and 2) to note what site types might be expected to occur within the proposed project area based on the existing data from archaeological sites located within and surrounding the project area. Paleontological ISA conducted a paleontological records review and literature search at the Orange County Museum of Natural History to obtain site and survey informa- tion pertinent to the project area. All pertinent references will be reviewed and summarized in the monitoring report. The objective of this research was 1) to establish the status and extent of previous surveys within the project area, and 2) to note what type of fossils might be expected to occur within the proposed project area based on the existing data from fossils recovered within and surrounding the project area. TASK 2 - PRE -GRADE RECONNAISSANCE A pre -grade reconnaissance of the project area shall be made by a qualified paleontologist to assess whether any significant fossils currently are exposed. Any fossils observed and deemed significant shall be salvaged. of /o8j"::,.PROPosAL, =6021TRO) 0 TASK 3 - MEETINGS LM As dates, Inc ISA utilizes monitors who are trained in archaeology and paleontology. This enables us to field a single monitor for both disciplines. The archaeological/ paleontological monitor shall attend the pre -grade meeting. TASK 4 - MONITORING In accordance with CEQA and the requirements of the City of Newport Beach, ISA will conduct archaeological and paleontological monitoring during grading activities within the project area. The monitor shall observe the removal of earth, and watch for indications of cultural resources and fossils. When a cultural resource or fossil is uncovered, construction will halt in the immediate area of the find until the monitor has evaluated the find for significance and identified the appropriate mitigation measure. Individual artifacts or fossils will be mapped and collected, with a minimal delay to construction schedules. In the event that a significant archaeologi- cal deposit is discovered, all work shall stop in the vicinity of the find until an appropriate testing program can be developed and implemented. Signifi- cant paleontological finds will be salvaged. The costs of this additional field work and the extended report, if necessary, are not included in this proposal. If human remains are encountered, the Orange County Coroner must be contacted immediately. If the burial is determined to be prehistoric, the Native American Heritage Commission must be consulted to determine the Native American representative(s) listed for this area. The designated repre- sentative may become involved with the disposition of the burial remains. TASK 5 - MONITORING REPORT ISA will develop a monitoring report. This will contain a management sum- mary; results of the records searches; and results of monitoring, including the archaeological and paleontological finds, if any, and how they were mitigated. BUDGET The following table represents a cost summary of the tasks to be completed. The budget is based on the assumption that one archaeological site or paleontological locality requiring documentation may be encountered. If more sites requiring documentation are located or if excavation of a feature or site is required, the following cost estimates may need revision. The monitoring cost is based on 30 eight hour days. If grading is completed in less time, or if monitoring is not required on a full time basis, the monitor- ing cost will be reduced. If additional time is required for monitoring, the cost will be increased. 01 /08/96(L:,PROPOSAL•ZZZ602I.PRO) 2 0 0 Task Records Search Archaeological Paleontological Paleontological Pre -grade Reconnaissance Attendance at Meetings Monitoring Monitor: 30 days at $320 /day Field Supervision: Laboratory Analysis: Report Archaeology: One site requiring docu- mentation, full length re- port or no documentation re- quired, letter report only Paleontology: Project Expenses Word Processing Graphics Production Supplies Total L14 A�dates, r.,c Cost Completed Completed $320 240 9,600 1,000 600 :II 480 2,400 180 440 70 50 $17,700 $15,380 01/08/96(L:,PROPOSAL +.ZZZ602LPRO) 3 LEA Av date; Inc. QUALIFICATIONS OF KEY PERSONNEL CULTURAL RESOURCE DIVISION The Cultural Resource Division provides archaeological, historical and pal- eontological consulting services that fulfill California Environmental Quality (CEQA), National Environmental Policy Act (NEPA) and local cultural re- source requirements. We identify cultural resources and evaluate their signi- ficance during a project's planning phases, then develop implementable procedures to protect or mitigate any adverse effects on the cultural resourc- es. ISA's staff archaeologists, project historians and paleontologists have exten- sive experience and capabilities in archival and field research, as well as report preparation, having completed numerous public and private projects throughout northern and southern California. Our personnel are accredited by the Society of Professional Archaeologists (SOPA), as well as by various governmental agencies. Typical services include: • Archaeological archival reviews • Historical archival studies • Reconnaissance surveys • Intensive surveys • Cultural resource inventories • Historic properties surveys • Historical overviews • Architectural recording • Resources for the National Register of Historic Places • Historical cultural resources testing • Implement prehistorical cultural resource test investigations • Implement historical data recovery excavations • Implement prehistorical data recovery excavations • Paleontological survey • Paleontological data recovery investigations • Projects for historical resources • Grading projects for prehistoric remains • Grading projects for paleontological remains • Preservation plans • Educational displays for cultural resources • Cultural resource policy and procedure programs o t/o8/96 (L: \RROPosAL\Z7Z602t.PRS) Brad Sturm 0 0 M Ac dates, Ina Mr. Sturm is a Project Manager at ISA, serving as Archaeologist and Manager of the Cultural Resources Division for ISA. His duties as project archae- ologist and principal investigator include administering the Cultural Resourc- es Division of ISA; overseeing and coordinating all of its archaeological, historical, and paleontological services; preparing research designs, literature reviews and background synthesis; conducting archaeological field surveys, excavations, and laboratory analysis; preparing Historic Property Surveys and cultural resource sections for EISs and EIRs; and developing and implement- ing monitoring and preservation strategies for known cultural resources. Mr. Sturm received his MA. in Anthropology from California State University, Fullerton. He is certified by the Society of Professional Archaeologists (SOPA) in both Field Archaeology and Archaeological Resource Management and is an Orange County certified archaeologist. Prior to joining LSA, he was an archaeologist for the U.S. Army Corps of Engineers (Corps), where he was responsible for evaluating impacts to cultural resources prior to issuance of Section 404, Department of the Army permits. He possesses extensive knowl- edge about the Section 106 process. As a project archaeologist for the Corps, he was responsible for the completion of cultural resources studies for all levels of NEPA documentation. As an archaeologist in both the federal and private sectors, Mr. Sturm has successfully coordinated numerous projects with the State Historic Preserva- tion Office and the Advisory Council on Historic Preservation. He has devel- oped and effectively implemented archaeological treatment plans that have reduced impacts on cultural resources to a level of no adverse effect. Mr. Sturm has been an Associate Professor of archaeological field and labora- tory methods at Saddleback Community College, Mission Viejo, California. As president of his own archaeological consulting firm, he was involved with all phases of research, surveys and mitigation for projects in the Southern California area. Mr. Sturm's professional experience demonstrates a thor- ough knowledge about State (CEQA) and federal laws, and a commitment to apply these laws within time and budget constraints. Steven W. Conkling Mr. Conkling is a Project Manager for ISA's Irvine office, where he manages the Paleontology Program. His duties include directing fossil recovery, speci- men identification and curation, and report writing for all levels of environ- mental documentation. Mr. Conkling is a vertebrate paleontologist specializing in Pleistocene terrestrial ecology and biosystemmatics. His undergraduate work was completed at Southern Methodist University and the University of North Texas, in Geology and Biology. His Master's work was completed at the University of Kansas in the field of Vertebrate Paleontology. From 1986 until 1993, Mr. Conkling served as the Park Ranger/Paleontologist 01 /0"6(L:\PR0P0SAL\ZZZ602I.PRS) 2 0 0 ttAAu dates,be in charge of the Ralph B. Clark Interpretive Center in Orange County, California. While there, he was in charge of the facility's excavations, developed and hosted interpretive programs for over 150,000 students, and was intimately involved in the design and construction of the Center's dis- plays. In 1990, he and his facility were awarded the National Association of Counties, County Achievement Award. Since 1989, Mr. Conkling has served as a consultant on paleontological mitigation projects in Orange, Los Angeles, Imperial, Riverside, San Diego and San Bernardino Counties. He has been a principal investigator on a series of digs in San Bernardino and Orange County, and he has consulted on display and program development for the Fullerton Museum Center, Chapman University, Los Angeles Fair, Old Courthouse Museum, and Knott's Berry Farm. His research interests and publications include study of verte- brate and invertebrate paleontological faunas, saber tooth cat evolution, description of pathological fossil specimens and a description of a new genus of fossil fish. Mr. Conkling is also a research associate at the Los Angeles County Museum of Natural History and the San Bernardino County Museum. He is a member of Sigma Xi, the Society of Vertebrate Paleontology, Society of Economic Paleontology and Mineralogy, American Association of Mammalogists, and Southern California Geological Society, and is a steering board member of the Mojave Desert Quaternary Research Center. Mr. Conkling has worked extensively on the development and implementa- tion of fossil protection measures for the state and nationwide. As a board member of the Society of Vertebrate Paleontology's Ethics Committee, he has worked to ensure that professional ethical standards are maintained in the science. The Society's Ethics Committee was started largely as a result of an ethics symposium chaired by Mr. Conkling in 1990. While with the County, he worked on revisions to the County's Standard Conditions of Approval to expand protection to fossil resources. He has also consulted with the Cali- fornia State Energy Commission on development of paleontological protec- tion for all projects overseen by that department. Mr. Conkling is also the Curator of Paleontology for the Orange County Natural History Museum. In this capacity, he maintains all locality records for fossil sites within the County, curates all fossils collected within the County at the current storage facility, and coordinates research interests throughout the region. Deborah McLean Ms. McLean is an Assistant Project Manager for LSA, serving as an Archaeolo- gist and Laboratory Director. Her duties include planning and directing archaeological surveys, excavations, staffing logistics, and laboratory opera- tions, as well as research and report writing. Ms. McLean's experience in- cludes ten years of prehistoric and historic archaeology in California, two years of historic archaeology in several New England states and Texas (under- Or /0SN6(L:\PROPOSAL\ZZZ602I.PRS) 3 0 E LSA Amdates, Ina water archaeology in the Gulf of Mexico), and prehistoric archaeology in the midwest, including work at Cahokia Mounds State Park, a World Heritage site. Ms. McLean has served as federal Archaeologist for the National Park Service, at the Denver Service Center. This involved many aspects of national park planning, including planning and directing archaeological surveys and excava- tions, report writing, reviewing contract proposals, and coordinating park planning with members of other disciplines and park superintendents. Ms. McLean received her Bachelor of Arts Degree in Anthropology from Illinois State University and attended the Anthropology Graduate Program at the University of Oklahoma. She is an Orange County certified archaeologist and a member of the Society for Historical Archaeology and the Society for California Archaeology. Ivan Strudwick Mr. Strudwick is an Assistant Project Manager for LSA, serving as Field Director for archaeological field projects and as Assistant Laboratory Director. His duties include planning and directing survey, test and mitigation level projects, and specifically include research, laboratory analysis, report writing, and recommendations. Mr. Strudwick received his MA in Anthropology, with a specialization in Archaeology, from California State University, Long Beach. His masters thesis concerns the prehistoric circular fishhook of coastal California and its rela- tionship to aboriginal culture areas. Mr. Strudwick is certified by the Society of Professional Archaeologists (SOPA) in Field Archaeology and Collections Research, and has professional certification in both Orange and San Diego counties. Prior to joining LSA, he worked professionally with several cultural resource management firms where he directed survey, test and mitigation level projects, performed laboratory analysis, and completed reports follow- ing local, state and federal guidelines. Mr. Strudwick has over 12 years experience working on various archaeo- logical projects in Orange, Los Angeles, San Diego, Riverside, San Bernar- dino, Santa Barbara, Fresno, Inyo, Mono and Kern counties, California. He also has survey and excavation experience on Santa Catalina, San Clemente and San Nicolas Islands. Mr. Strudwick's orientation is coastal archaeology in Southern California, and he specializes in the identification of maritime arti- facts and marine shellfish. He has been responsible for directing field exca- vations since 1988, and has directed crews of more than 20 individuals. Recently, Mr. Strudwick directed large crews for federal projects on NAS Miramar, MCB and MCAS Camp Pendleton, as well as for the private sector, including field tests of archaeological sites in Palos Verdes Estates, Indian Wells (Lowe Reserve), Santa Ana Mountains (Hicks Canyon), San Joaquin Hills (Pelican Hill), Escondido and San Marcos. 01 /08/96(L:\PROPOSALW.Z602I.PRS) `I Brooks R. Smftb LSA Associates, Inc. Mr. Smith is an Archaeological Surveyor, Excavator and Monitor for LSA. His duties include surveying for archaeological sites, participating in all aspects of archaeological excavations, and monitoring for archaeological resources during construction grading activities. Mr. Smith also has archaeological laboratory experience. His professional experience includes one and one -half years as an archaeological excavator and two and one -half years as an archae- ological monitor. Mr. Smith is also a Paleontological Field Crew Chief and Monitor for LSA. His duties include coordinating field activities for projects that need more than one monitor; monitoring; preparing field reports; collecting specimens; identifying, curating and preparing fossils; field mapping; and preparing geological records (e.g., measured sections, geologic maps, geologic reports). Mr. Smith's training includes two and one -half years of field experience in paleontological monitoring and five years of experience in geologic data collection and interpretation. Mr. Smith holds a Bachelor of Science degree in Earth Science from the University of California at Santa Cruz. He has also completed an intensive three week course in archaeological field methods on San Nicolas Island. Mr. Smith has a certificate in Hazardous Materials Handling and Response, having completed the required 40 hour course. 01 /08/96(L.VitOPOSALIZZZ602I.PRS) 5 0 0 L4A Associates, 1= SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES FEES FOR PROFESSIONAL SERVICES Fired -Fee Contracts If a fixed -fee proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided for the fixed fee noted in the Compensation and Terms section of the proposal. All other professional services are considered extra services. Extra services shall be provided on a time and expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance. Hourly Contracts If an hourly plus expenses proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided on a time basis at current hourly rates. These rates are as shown on a Rate Sched- ule that is attached or can be made available. Hourly rates are subject to review at least annually on or about July 1 each year, and may be adjusted to reflect changing labor costs at our discretion at that time. Out of pocket expenses shall be reimbursed at cost plus 10 %, unless other arrangements are made in advance, and are not included in the hourly fee for professional services. Out of pocket expenses include, but are not limit- ed to, costs of: 1) reproduction of reports and graphics furnished or pre- pared in connection with the work of the contract, 2) long distance tele- phone and telegraph charges, 3) laboratory services, 4) automobile travel at 30 cents /mile, 5) truck travel at 45 cents /mile, 6) other travel, subsistence, vehicle rental, and lodging in connection with the work of the contract, 7) fees of specialized consultants retained with the approval of the client and 8) facsimile transmittals at one dollar per page. The total estimated amount of time and expenses noted in the Compensation and Terms section of this proposal will serve as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client. FREQUENCY OF BILLING Monthly invoices shall be submitted for progress payment based on work completed to date. Out of pocket expenses shall be billed on the same mon- thly invoice and shall be identified as a separate item. 01/04/96(L: CORF,CONTRACT.PRO) 0 PAYMENT OF ACCOUNTS 0 LSA Associate; Inc Accounts are due and payable upon receipt of invoice. A service charge of 1' /z% of the invoice amount (18% annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. TERMINATION REVOCATION aces may termrn either In this )rior to t e date of final inv ice in aco upjte ays writt notice for Lt , pfor all se ices an eq inal be due and pa ble ce provision oft fore If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received with- in 90 days of the date thereof, unless otherwise specified in the proposal. 01/04/96(L:' +CORP%CONTRACT.PRO) 2 HOURLY BILLING RATES OCTOBER 4, 1993 Job Classification r. LSA Ac dateq Inc. Hourly Rate' PRINCIPAL $100 -165 ASSOCIATE/PROJECT MANAGER $ 65 -120 ASSISTANT PROJECT MANAGER $ 50 -75 PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST $ 45 -70 ENVIRONMENTAL ANALYST /ASST. PLANNER/ASST. ENGINEER $ 40-60 FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGYBIOLOGY) $ 35 -50 RESEARCH ASSISTANT/1'ECHNIICIAN $ 25 -50 FIELD CREW $ 15 -40 GRAPHICS $ 50 OFFICE ASSISTANT $ 35 WORD PROCESSING $ 45 1 The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $175 per hour regardless of job classification. 01 /04/96(Lr.CORP' +CONTRACT.PRO) 3 • ,7 � � 1 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 A.F.R. Construction, Inc. 11 No. Fifth Avenue Arcadia, CA 91006 Gentlemen: (714) 644 -3005 February 9,1996 Thank you for your courtesy in recently submitting a bid for the MacArthur Boulevard Widening project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 ��P ;9% Sully - Miller Contracting Co. 1100 E. Orangethorpe Ave., Ste. 200 Anaheim, CA 92801 Gentlemen: (714) 644 -3005 February 9, 1996 Thank you for your courtesy in recently submitting a bid for the MacArthur Boulevard Widening project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 L CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Griffith Company 2020 So. Yale Street Santa Ana, CA 92704 -3974 Gentlemen: (714) 644 -3005 February 9,1996 Thank you for your courtesy in recently submitting a bid for the MacArthur Boulevard Widening project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Hillcrest Contracting, Inc. P.O. Box 1898 Corona, CA 91718 -1898 Gentlemen: (714) 644 -3005 February 9, 1996 Thank you for your courtesy in recently submitting a bid for the MacArthur Boulevard Widening project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, % f LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach t CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Gentlemen: (714) 644 -3005 February 9, 1996 Thank you for your courtesy in recently submitting a bid for the MacArthur Boulevard Widening project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, r / LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 11 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Fleming Engineering Inc. 13829 Artesia Blvd. Cerritos, CA 90703 Gentlemen: (714) 644 -3005 February 9,1996 Thank you for your courtesy in recently submitting a bid for the MacArthur Boulevard Widening project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 4 LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach • • TO NI Ii)m 0 f June 14, 1993 i CITY COUNCIL AGENDA JUN 1993 ITEM NO. 11 Mayor and Members of the City Council Public Works Department C - 2,F2 6'M) SUBJECT: MACARTHUR BOULEVARD WIDENING, COAST HIGHWAY TO FORD ROAD (ADMINISTRATION AGREEMENT FOR OVERSIGHT OF PROJECT DESIGN WITH CALTRANS) RECOMMENDATIONS: 1. Approve Administration Agreement with Caltrans. 2. Authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: On December 11, 1989 the City Council approved a proposal to participate with Caltrans, the City of Irvine, the Transportation Corridor Agencies, and The Irvine Company to prepare a preliminary design report (Project Study Report) and environmental document for the improvement of MacArthur Boulevard between Coast Highway and San Diego Creek. The Project Study Report was completed and accepted by Caltrans on July 29, 1991. The City of Newport Beach was designated as the lead agency for the project and the Final Environmental Report, EIR No. 150 was certified by the City Council on April 13, 1992. Since that time City staff has worked with Caltrans, the Transportation Corridor Agency and the City of Irvine to implement construction of MacArthur Boulevard improvements in several phases. It now appears that the portion of M Avenue, which is withi the Transportation C construction of the Fo applied for Measure Transportation Agency MacArthur Boulevard in Road. In addition to also worked with Caltr the portion of the exi completion of the wid necessary project sti programming funding fc acArthur Boulevard from r'OYa xoaa co bison the City of Irvine, will be constructed by orridor Agency in conjunction with the rd Road realignment project. City staff has "M" funding from the Orange County to design and construct the portion of Newport Beach between Coast Highway and Ford videning MacArthur Boulevard, City staff has ins to provide for maintenance and repair of sting roadway which will still remain after aning project. Caltrans will complete the idy for that repair by this June and is r the repair in the 93/94 fiscal year. Subject: MacArthur Boulevard Widening, Coast Highway to Ford Road (Administration Agreement for Oversight of Project Design with Caltrans) June 14, 1993 Page 2 This agreement is for Caltrans oversight and review of the plans, specifications, right -of -way documents and cost estimates to be prepared by the City for the MacArthur Boulevard improvements between Coast Highway and Ford Road. In general, terms of the agreement provide as follows: A. City Agrees to: 1. Fund 100% of Design. 2. Design project in conformance with State design specifications and standards. 3. Make written application to State for necessary Encroachment Permit. 0 • 4. Identify, locate and make preparations to protect or relocate underground utilities. 5. Prepare all right -of -way documents. • 6. Certify legal and physical control of right - of -way necessary for construction. 7. Deliver to State legal title to the right -of- way. 8. Protect and perpetuate existing survey control monuments. 9. Investigate potential hazardous waste sites and to provide for the remediation of any sites which will impact the project. The initial site assessment prepared with the EIR found that no new sites exist or are anticipated. B. State agrees to: 1. Provide project oversight, prompt reviews and • approvals, as appropriate of submittals by City and to cooperate in timely processing of project. 2. Provide oversight of all right -of -way activities undertaken by City or its designee pursuant to agreement. Subject: MacArthur Boulevard Widening, Coast Highway to Ford Road (Administration Agreement for Oversight of Project Design with Caltrans) •June 14, 1993 Page 3 3. Issue, at no cost to City, an Encroachment Permit to City authorizing entry of City personnel or consultants onto State right -of- way to perform survey and other investigations necessary for project design. 4. Provide a State Project "Manager" to coordinate State oversight and assist City in obtaining prompt reviews and approvals. C. It is mutually agreed: 1. In event a construction contract for project is not awarded by July 31, 1996 and a time extension has not been granted by State, City shall pay State for all oversight costs incurred by State to date. • 2. State may grant a time extension beyond said deadline if reasonable progress is being made and a construction contract is likely to result. A separate cooperative agreement to cover responsibilities and funding for project construction will be required. Orange County Transportation Authority approval of the City's Measure "M" application for design and construction of the project is anticipated in July 1993. Project scheduling is for design in Fiscal Year 1993/94, construction of Phase I improvements, Coast Highway to San Joaquin Hills Road in Fiscal Year 1994/95 and construction of Phase II Improvements, San Joaquin Hills Road to Ford Road in Fiscal Year 1995/96. • Ben amin B* Nolan Public Works Director JW:so C - 2 i2u- fiJ 12- ORA -73 0.0/T1.98 12208 - 00531K Widen and Realign MacArthur Blvd. Between Rte. 1 and Ford Road District Agreement No. 12 -133 COOPERATIVE AGREEMENT This AGREEMENT entered into on ` IAK—L )4 191 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF NEWPORT BEACH a body politic and a municipal corporation of the State of California, referred to herein as CITY 1 • District APreement No. 12 -135, RECITALS (1) STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. (2) MacArthur Boulevard from Pacific Coast Highway to San Diego Creek is a State expressway, with access limited to at -grade arterial intersections, the roadway surface and shoulders are in need of repair, widening and modification of both vertical and horizontal alignment to accommodate existing and projected traffic. (3) Assembly Bill No. 86 amended Section 373 of the Streets and Highway Code revising the route description for Route 73 and relinquishing MacArthur Boulevard from Pacific Coast Highway to the San Joaquin Transportation Corridor to the Local Authorities when San Joaquin Transportation Corridor is completed. (4) Section 73 of the Streets and Highway Code provides for the State to place the highway in a state of good - repair before it is relinquished to the local agency and while the proposed widening improvements assist in accomplishing that goal, portions of the highway not affected by this project will remain in need of rehabilitation. 2 District freement No. i2 -133 (5) Project Study Report (PSR) for MacArthur Boulevard from Pacific Coast Highway to San Diego Creek was approved by STATE on July 29, 1991. (6) Final Environment Impact Report No. 150 for MacArthur Boulevard widening from Pacific coast Highway to San Diego Creek and the extension of Bison Avenue was prepared by the City of Newport Beach in compliance with CEQA and CEQA guidelines and in consultation with the California Department of Transportation, the City of Irvine, the Transportation Corridor Agencies, the University of California, Irvine and other concerned agencies. Final EIR No. 150 was certified by the Newport Beach City Council on April 13, 1992. (7) Right -of -way required for widening MacArthur Boulevard from Pacific Coast Highway to the Newport Beach City limits at Ford Road is either owned by the City or the Irvine Company and both parties have agreed to dedicate the necessary right -of- way. (8) A Project Scope Summary Report (PSSR) for MacArthur Boulevard is being prepared by Caltrans District 12. personnel. The PSSR report will evaluate existing pavement condition and recommend improvements necessary to bring the existing roadway into a good state of repair. It is anticipated that the PSSR will be completed by June 1993 and that the recommended 3 rehabilitation may the improvements ma of a Cooperative construction. District Afreement No. 12 -133 be constructed separately by Caltrans or y be included with this PROJECT under terms Agreement with CITY at the time of (9) CITY desires State highway improvements consisting of widening and realignment on Route 73 (MacArthur Blvd.) , between Pacific Coast Highway and Ford Road, referred to herein as "PROJECT ", and is willing to fund one hundred (100) percent of all staffing costs, necessary to prepare final plans, specifications and cost estimates, except that costs of STATE's oversight of engineering design and Right -of -Way activities may be borne by STATE. (10) This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. (11) Construction of said PROJECT will be the subject of a separate future Agreement. (12) The parties hereto desire to define herein the terms and conditions under which said PROJECT will be developed .and designed. 4 • District Afreement No. 12 -133 SECTION I CITY AGREES: (1) To fund one hundred (100) percent of all preliminary and design engineering costs, including, but not limited to, costs for preparation of contract documents necessary to advertise and award PROJECT construction contract. (2) To have a Project Report (PR) , Right of Way documents, and detailed Plans, Specifications and Estimate (PS &E) prepared at no cost to STATE and to submit each to STATE for review and approval at appropriate stages of development. Final plans shall be signed by a Civil Engineer registered in the State of California. (3) To permit STATE to monitor and participate in the selection of personnel who will prepare the PS &E and prepare Right of Way documents. CITY also agrees, if requested by STATE, to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform in accordance with Scope of Work and /or other pertinent criteria. 5 • District Afreement No. 12 -133 (4) Personnel who prepare the PS &E and Right -of -Way maps shall be available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during construction and /or to make design revisions for contract change orders. (5) Not to use funds from any Federal aid program for design of PROJECT. (6) To make written applications to STATE for necessary encroachment permits authorizing entry onto STATE's Right -of- Way to perform surveying and other investigative activities required. STATE Project Development oversight personnel will assist CITY in application and processing of permit. (7) To identify and locate all high and low risk underground facilities within the PROJECT area on the plans, and to make provisions within the plans and specification to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way ", which will be available to CITY upon request. (8) If any existing public and /or private utility facilities conflict with PROJECT construction or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal, STATE will require owners 2 District teement No. 12 -133 of such utilities in STATE's Right -of -Way to accomplish all necessary work prior to constructions of PROJECT. All utilities work required by PROJECT shall be in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY policy for those facilities located outside of the limits of work for the State highway. Total costs of such protection, relocation or removal shall be in accordance with STATE policy and procedure. (9) To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting utilities within on STATE's Right -of -Way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the Special Provisions for said contract. This evidence shall include a reference to all required State highway encroachment permits. (10) To prepare all Right- of-way documents, at no cost to STATE, in accordance with procedures acceptable to STATE, and in compliance with all applicable State and Federal laws and regulations, subject to STATE oversight, to assure the completed work is acceptable for incorporation into the State Highway right of way. STATE agrees to review and process documents in reasonable time period. 7 • District A eement No. 12 -133 (11) To utilize the services of a qualified local public agency in all right of way acquisition related matters in accordance with STATE procedures as contained in Right of Way Procedural Handbook, Volume 9. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified public agency. (12) To certify legal and physical control of Rights -of -Way ready for construction, and that all Rights -of -Way were acquired in accordance with applicable State and Federal laws and regulations subject to review and concurrence by STATE prior to the advertisement for bids for construction of PROJECT. (13) To deliver to STATE legal title to the Right -of -Way, free and clear of all liens and encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a policy of Title Insurance in STATE's name to be provided and paid by CITY. (14) If any unforeseen potential hazardous waste sites /underground tanks are encountered during construction of PROJECT, CITY shall be responsible, at CITY's expense, for the investigation and remediation. STATE shall reimburse CITY for the cost if the following conditions are met: the sites /underground tanks are within STATE's existing Right -of -Way, the source of 8 • District Agreement No. 12 -133 contamination is within STATE's existing, Right -of -Way, and the contamination presents a threat to public health or the environment regardless of being disturbed or not. If STATE's cost to mitigate is increased due to PROJECT, the additional cost shall be borne by CITY. CITY shall comply with appropriate regulatory agency requirements and shall obtain STATE's approval prior to performance of any remediation work within the existing State highway right of way. (15) All surveys performed by CITY using own staff shall conform to the methods, procedures, and requirements of STATE's Surveys Manual. (16) All design, construction and Right -of -Way data and plans shall be based on the survey datum and control designated by STATE. STATE will designate existing horizontal and vertical monuments that are to be the basis of the work and provide California Coordinate System values (either the 1927 or 1983 datum) and elevation values for such monuments as applicable. (17) All aerial mapping shall conform to the current STATE standards. (18) Existing horizontal and vertical survey control monuments and existing boundary - related monuments shall be perpetuated by referencing, relocating, or referencing and then resetting, as appropriate, all in accordance with the State Surveys Manual, the Land Surveyor's Act, and the requirements herein. 9 • District Afreement No. 12 -133 SECTION II STATE AGREES: (1) To provide, at no cost to CITY except as noted in Article (2) of Section III of this Agreement, oversight of PROJECT and to provide prompt reviews and approvals, as appropriate, of submittal by CITY, and to cooperate in timely processing of PROJECT. (2) To provide, at no cost to CITY except as noted in Article (2) of Section III of this Agreement, oversight of all Right -of- Way activities undertaken by CITY, or its designee, pursuant to this Agreement. (3) To issue, at no cost to CITY, upon proper written application, by CITY, an encroachment permit to CITY authorizing entry onto STATE's right of way to perform survey and other investigative activities required. (4) To issue, at no cost to CITY's consultants, upon proper written application, by CITY, an encroachment permit to CITY authorizing entry onto STATE's Right -of -Way to perform survey and other investigative activities required. (5) To provide a STATE's "PROJECT MANAGER" to be the STATE contact person who will coordinate STATE oversight and assist CITY in obtaining prompt reviews and approvals of submittal and applications by CITY. W • District Afreement No. i2 -133 SECTION III IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) In the event a construction contract for PROJECT is not awarded by July 31, 1996 and a time extension has not been granted by STATE, CITY shall pay STATE for all oversight costs incurred by STATE to date. STATE will bill CITY for all oversight costs to date, free of interest, within thirty (30) days after said deadline and CITY agrees to pay said costs within thirty (30) days after receipt of such billing. (3) STATE may grant a time extension beyond said deadline if a finding by STATE is made that reasonable progress is being made and that a construction contract is likely to result within a reasonable period of time. (4) If STATE charges CITY for oversight pursuant to Article (2) above of this SECTION III, the costs to be charged to CITY for STATE's oversight will include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work applied in accordance with STATE's standard accounting procedures. If requested by CITY, STATE 11 District Areement No. 12 -133 shall provide CITY with a final report pertaining to costs, incurred for STATE's oversight efforts within thirty (30) calendar days of CITY's request. (5) The party responsible for funding the cleanup shall be responsible for the development of the necessary mitigation and remedial plans and designs. Remedial actions proposed by CITY shall be approved by State and shall be performed in accordance with standards and practices of STATE and other Federal and State regulatory agencies. (6) A separate Cooperative Agreement will be required to cover responsibilities and funding for the PROJECT construction phase. (7) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4. CITY shall fully defend, indemnify, and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 12 District Afreement No. i2 -133 (8) Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (9) The parties hereto will carry out PROJECT in accordance with the Scope of work, attached and made a part of this Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may in the future be modified to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY's Public Works Director or other official designated by CITY and STATE's District Director for District 12 and become a part of this Agreement as a supplement to this Agreement after execution by the respective officials of the parties. 13 • District Afeement No. 12 -135 (10) Prior to award of a construction contract, CITY may terminate PROJECT and this Agreement in writing, provided CITY pays STATE for all PROJECT oversight costs incurred by STATE prior to termination. STATE will bill CITY for all oversight costs to date, free of interest, within thirty (30) days of written notice of termination of Agreement and CITY will pay said amount within thirty (30) days after receipt of such billing. 14 • District At eement No. 12 -133 (11) Except as otherwise provided in Article (8) above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT or on December 30, 1996, whichever is earlier in time. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation R By JHaN`�V� Chi Chief Deputy District Director Approved as to form and procedure CITY OF Newport Beach Qn rn At ey, Depart mV- of Transportati ,. (:icy ulerx Certified as to funds and procedure [*,, .1) -,DL, QA�-�W District Accounting Administrator 15 {t +�i�`+i0J�Plh • District A1reement No. i2 -133 12- ORA -73 0.00/T1.98 12208 - 00531K From Route 1 to Ford Road SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed widening and realigning on Route 73 (MacArthur Blvd.), between Pacific Coast Highway and Ford Road. (1) CITY will be the Lead Agency and STATE will be a Responsible Agency for CEQA. CITY has certified the final Environmental Document in compliance with the requirements of CEQA. CITY will provide all data for and prepare drafts of the Project On GO Report (PR) and the Project Approval Report (PAR). CITY will be responsible for any necessary public hearing process. (2) CITY and STATE concur that the proposal is a Category 3 as defined in STATE's Project Development Procedures Manual. (3) CITY will submit drafts of environmental technical reports, and of individual sections of the draft environmental documents to STATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or otherwise by the CITY. Existing traffic data shall be furnished by CITY. 16 i • District AIreement No. 12 -133 (4) STATE will review, monitor, and approve all PROJECT development reports, studies, and plans, and provide all necessary implementation activities through advertising of the PROJECT. (5) Existing freeway agreement need not be revised. (6) All phases of PROJECT, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. (7) Detailed steps in the project development process are appended to this Scope of Work. This Appendix is intended as a guide to STATE and CITY staff. 17 • District AAreement No. 12 -13,3 APPENDIX A: PLANNING PHASE ACTIVITIES PROJECT ACTIVITY 1�J: OWWWJ3J:ZO MM Certify Final EIR by CITY Council (4- 13 -92) Draft Project Report (DPR) (Completed 8 -1 -92) Finalize and Submit Project Report with Certified ED for Approval Approve Project Report APPENDIX B: DESIGN PHASE ACTIVITIES 1. PRELIMINARY COORDINATION RESPONSIBILITY STATE CITY RN X X X Request 1 - Phase EA X Field Review of Site X X Provide Geometrics X Review Geometrics X Provide Survey Control x Approve Survey Control x Provide Aerial Flight Plan & Photo x Approve Aerial Flight Plan & Photo X Obtain Copies of Assessor Maps and Other R/W Maps X Provide State R/W Maps, As Built Plans & CCM Mapping including Utilities x Obtain Copies of As- Builts X 18 • District Afreement No. 12 -133 PROJECT ACTIVITY RESPONSIBILITY STATE CITY Send Revised Geometries to Local Agencies for Review X Review Revised Geometries if required X Approve Final Geometries X Determine Need for Permits from other Agencies X X Request.Permits X Initiate Hydraulics Discussion with District Staff X Initiate Electrical Design Discussion with District Staff X Initiate Traffic & Signing Discussion with District Staff X Initiate Landscape Design Discussion with District Staff X Plan Sheet Format Discussion X X 2. ENGINEERING STUDIES AND REPORTS Initiate Materials Discussion with District Staff X Prepare & Submit Materials Report & Typical Section X Review and Approve Materials Report & Typical Sections X Prepare & Submit Landscaping Recommendation X Review & Approve Landscaping Recommendation X 19 20 District AAfreement No. 12 -133 PROJECT ACTIVITY RESPONSIBILITY STATE CITY Prepare & Submit Hydraulic Design Studies X Review & Approve Hydraulic Design Studies X Prepare & Submit Bridge General Plan & Structure Type Selection X Review & Approve Bridge General Plan & Structure Type X 3. R/W ACQUISITION & UTILITIES Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X Prepare R/W and Utility Relocation Cost Estimates X Submit R/W Requirements & Utility Relocation Plans for Review X Review and Comment on R/W Requirements X Longitudinal Encroachment Review X X Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment X Request Final Utility Relocation Plans X Check Utility Relocation Plans for Approval X Submit Utility Relocation Plans for Approval X Approve Utility Relocation Plans X 20 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Prepare and Submit Preliminary Stage Construction Plans X Review Preliminary Stage Construction Plans X Calculate and Plot Geometrics X Cross - sections & Earthwork Quantities Calculation X Prepare and Submit Cost Estimate X Put Estimate in BEES X 21 •' • Pgreement District No. j2 -133 PROJECT ACTIVITY RESPONSIBILITY STATE CITY Submit Final R/W Requirements for Review & Approval X Fence and Excess Land Review X R/W Layout Review X Approve R/W Requirements X Obtain Title Reports X Prepare R/W Documents X Perform R/W Clearance Activities X Prepare and Submit Certification of R/W X Review and Approve Certification of R/W X Transfer R/W to STATE - Approve and Record Title Transfer Documents X Prepare R/W Record Maps X 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Prepare and Submit Preliminary Stage Construction Plans X Review Preliminary Stage Construction Plans X Calculate and Plot Geometrics X Cross - sections & Earthwork Quantities Calculation X Prepare and Submit Cost Estimate X Put Estimate in BEES X 21 District Alreement No. f2 -13.3 PROJECT ACTIVITY RESPONSIBILITY STATE CITY Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustments Details X Prepare & Submit Preliminary Drainage Plans X Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans and Submit for Review X Review Traffic Striping and Roadside Delineation Plans X Prepare & Submit Landscaping and /or Erosion Control Plans X Review Landscaping and /or Erosion Control Plans X Prepare & Submit Preliminary Electrical Plans Y Review Preliminary Electrical Plans X Prepare & Submit Preliminary Signing Plans X Review Preliminary signing Plans X Quantity Calculations X Identify Utility & Relocation Requirements X Order Relocation of Utilities X Safety Review X X Prepare Specifications R Prepare & Submit Checked Structure Plans X Review & Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements X Review and Approve Lane Closure Requirements X 22 PROJECT ACTIVITY Prepare & Submit Striping Plans Review & Approve Striping Plans Prepare Final Estimate Prepare & Submit Draft PS &E Review Draft PS &E Finalize & Submit PS &E to District District Afreement No. T2 -133 RESPONSIBILITY STATE CITY X 5. HAZARDOUS WASTE SCOPE OF WORK & REQUIREMENTS An Initial Site Assessment (ISA) for hazardous waste on the properties involved in PROJECT was completed in accordance with STATE requirements as part of the Final ED. No potential Hazardous Waste Sites were identified. 23 X X X X X X a MEMORANDUM TO: LaVonne Harkless, City Clerk FROM:�Gail Pickart, Public Works Department Consultant DATE: July 21, 1997 SUBJECT: MacARTHUR BOULEVARD RELINQUISHMENT Lo _ o2 $ P-57 Attached are two letters from Caltrans (one dated June 23, 1997, from headquarters in Sacramento and one dated June 27, 1997, from District 12 in Santa Ana) informing the City of Newport Beach that MacArthur Boulevard has been relinquished and no longer is designated as State Route 73. The section of freeway formerly known as the Corona del Mar Freeway, together with the new San Joaquin Hills Toll Road now form State Route 73 which extends from I -405 at the northwesterly end in Costa Mesa to I -5 at the southeasterly terminus in San Juan Capistrano. Cooperative Agreement No. 12 -310 between the City and Caltrans provided for the relinquishment. The transfer of responsibility for MacArthur Boulevard passed from Caltrans to the City of Newport Beach on June 26, 1997, when Resolution No. R3337 of the California Transportation Commission was recorded in the Orange County Recorder's Office as Instrument No. 19970295301. Transfer of the operation and maintenance responsibility for traffic signals is currently being implemented by Caltrans and City staff members. The relinquishment of MacArthur Boulevard between Pacific Coast Highway and Ford Road is currently involved in the construction contracts for Segment 1 and Segment 2 widening. Upon satisfactory completion of the widening improvements by the construction contractor, operation and maintenance of all the other street improvements will be assumed by the various City departments in a manner similar to that for all public streets and arterial highways within the City. By copy of this memo, I am requesting that Paul Medina arrange for the inclusion of the MacArthur Boulevard relinquishment into the City's Geographic Information System. If I can be of assistance in disseminating the relinquishment information to other City departments and staff members who should be informed, please call me at 673 -6779. cc: Paul Medina, with attachments STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Gorernor DEPARTMENT OF TRANSPORTATION 2501 Pullman St. (Bldg. "C ") Santa Ana CA 92705 June 27, 1997 city Council City of Newport Beach C/O Gail Pickart 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 (714) 724 -2308 Fax No(714)724 -2411 R/W ENGINEERING Relinquishment 073005 -R Re: Relinquishment Request No. 073005 -R, MacArthur Blvd.,12- ORA -73- 0.0/2.0. Dear Mr. Mayor and Members of the Council; This is to inform you that the Relinquishment No. 073005 -R, that was passed by Resolution No. R3337 on June 5, 1997 by a hearing of the California Transportation Commission was recorded in the Recorder's Office of Orange County on June 26, 1997 at 10:16AM as Instrument No. 19970295301. Please find attached a Copy of said Resolution with the Recorder's data adhered thereto. Should you have any questions please contact me at (714) 724 -2431 or my associate Bill Appleton at 724 -2025. Sincerely, Melvin H. Galer, SLS Chief of Right of Way Engineering STATE OF CALIFORNIA • BUSIP ATION AND HOUSING AGENCY • PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION 1120 N STREET PO BOX 942974 SACRAMENTO, CA 94274 -0001 TOO (916) 654 -4014 FAX (916) 227 -7670 (916) 227 -7660 City Council City of Newport Beach Newport Beach, CA 92663 June 23, 1997 Relinquishment of Highway Right of Way R/W ENGINEERING Relinquishments 12. Ora -73. 0.0/2.0 Rel. Req. No. 73005 -R Superseded State Highway CTC Res.: R3337 CTC Date: June 5, 1997 Enclosed for informational purposes only is a certified copy of the above - referenced California Transportation Commission Resolution of Relinquishment. This action was taken in accordance with Section 73 of the Streets and Highways Code. Your attention is directed to Section 100.9 of the Streets and Highways Code regarding relocated State highways which bypass cities or business districts. The directional signs erected by the State on such highways shall be left in place and maintained by the local agency. The relinquishment will become effective upon recordation with the County Recorder. Our District Office will handle the recording and will advise you immediately thereafter. Sincerely, Original Signed By C. M. HILL LAWRENCE R. FENSKE, Chief Geometronics Branch Engineering Service Center Enclosure (THIS PARAGRAPH ON DISTRICT COPY ONLY) The District is to promptly record the enclosed certified copy per R/W Manual Section 6.12.11.00. The District is to inform Headquarters R/W Engineer immediately by FAX of the relinquishment recordation date and is also to promptly furnish the recordation date to the local agency. A copy of the letter giving full recordation data to the local agency shall be forwarded to the Right of Way and Asset Management Program. t • Recoraea in the county of orange, California Gary L. Granville, Clerk /Recorder No Fee 19910295301 1016am 06/26/97 004 22025705 22 33 E02 2 07 0.00 7.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 TRANSPORTATION COMMISSION . RESOLUTION No. R3337 Pamw JUN 0 5199? RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE CITY OF NEWPORT BEACH, ROAD 12- ORA -73- 0.0/2.0 Request No. 73005 -R WHEREAS, by cooperative agreement dated February 10, 1997, between the City of Newport Beach and the State of California, the City waived the 90 -day notice requirement and agreed to accept title to superseded State highway, upon relinquishment thereof to said City by the State of California; and WHEREAS, Route 73 from Route 5 near San Juan Capistrano to Route 405 via the San Joaquin Hills is completed; and WHEREAS, in accordance with Section 373 of the Streets and Highways Code, this Commission has found and determined, and does hereby find and determine, that it is desirable and in the public interest that said highway right of way so superseded be relinquished to the City of Newport Beach for use as a city street; M NOW, THEREFORE, IT IS VOTED by the California Transportation Commission that it relinquish, and it does hereby relinquish, to the City of Newport Beach, .effective upon the recordation of a certified copy hereof with the Recorder of Orange County, all of the State of California's right, title and interest in and to said superseded highway right of way in said City, together with the right of way and appurtenances thereof, described as follows: All that portion of State Highway Route 73 (MacArthur Boulevard) as indicated by outlining and stippling, designated as SEGMENTS 1 and 2, to be relinquished as shown on those certain maps filed on January 24, 1997, Document No. 19970035837, in State Highway Map Book No. 12, at pages 9 to 22, inclusive, Records of Orange County. • f AMENDMENT NO. 1 TO CONSULTANT AGREEMENT Civil Engineering Services during Construction of MacArthur Boulevard Widening - Segment 1 -C2 r 4c �2lfte y�� 4' Vj THIS AMENDMENT NO, 1 TO CONSULTANT AGREEMENT, entered into this day of 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and ROBERT BEIN, WILLIAM FROST & ASSOCIATES, a California corporation, whose address is 14725 Alton Parkway, Irvine, CA 92619 -7057, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On February 12, 1996, a Consultant Agreement was entered into by and between CITY and CONSULTANT (hereinafter referred to as "AGREEMENT") to provide professional civil engineering services involving survey control, quantity verification and design clarification in support of construction activities for Segment 1 of the MacArthur Boulevard Widening project. B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include quality assurance field surveys and assistance in reviewing construction contractor submittals as set forth in CONSULTANT'S proposal dated July 26, 1996, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. Robert Bein, William Frost & AMiates Page 1 of 2 Contract Agreement for Job Nr 32581 . July 26, 1996 L�Ai�117111{i1:F� SCOPE OF SERVICES Consultant agrees to provide the following Scope of Services: TASK 1 FIELD QUALITY ASSURANCE SURVEYS Consultant shall provide additional surveys, at the request of the Client for project quality assurance. Requests for quality assurance surveys shall be made in writing, a minimum of 24 hours prior to field surveying. Quality Assurance Surveys may consist of verifying slope grading, unsuitable materials removals limits, line and grade for top of curb, top of subgrade/ rock or finished surface elevations. A total of ninety -six (96) crew hours (8 hours /month) and twenty -four (24) office hours (2 hours /month) have been budgeted for this work task. TASK 2 CONSTRUCTION ASSISTANCE Consultant will assist the City in resolving issues that arise during the course of construction. This task may include answering questions by telephone or in the field, providing construction details as requested by the City and attendance at construction meetings. For budgetary purposes a total of one hundred forty - four (144) manhours (12 hours /month) have been budgeted for this task. Exhibit "A" Client Initials JN 32581 *+Robert Bein, William Frost & EXHIBIT `B" COMPENSATION Client agrees to compensate Consultant for such services as follows: Page 1 of 2 Monthly on a time and materials basis. For budgetary purposes, a professional fee of $34,000 plus an allowance of $500 for reimbursable expenses has been established for the Scope of Services identified in Exhibit "A ". WORK TASK FEE TASK 1 Field Quality Assurance Surveys $17,000 TASK 2 Construction Assistance $17,000 SUBTOTAL $34,000 Reimbusables Allowance $500 TOTAL $34,500 Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. The Client shall make every reasonable effort to review invoices within fifteen (15) working days from receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. Work shall commence receipt of a signed copy of this Contract Agreement. Exhibit "B" Client Initials JN 32581 2. Compensation to be paid to CONSULTANT for such additional scope of services shall be in accordance with a not -to- exceed budget of $34,500 as set forth in CONSULTANT'S proposal dated July 26, 1996 which is identified as Exhibit "B" and is attached hereto and incorporated herein by reference. 3. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $34,500 from $29,500 to $64,000. 4. Except as expressly modified herein, all other provisions, terms and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. APP )VET$ TO FORM: City Attorney CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor CONSULTANT 9 BY: Robert Bein, William Frost & As ates ATTEST: City Clerk j fa groupslpubworks\agmts \frostl.doc FV • • September 9, 1996 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: CITY COUNCIL AGENDA MACARTHUR BOULEVARD WIDENING - SEGME PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS ROAD. e- 02 ov;24'rGc) RECOMMENDATIONS: 1. Approve Amendment No. 1 to a Consultant Agreement with Robert Bein, William Frost & Associates increasing the compensation for civil engineering services during construction by $34,500. 2. Authorize the Mayor and the City Clerk to sign Amendment No. 1 on behalf of the City. DISCUSSION: Prior to the commencement of Segment 1 construction operations, several consultant agreements were entered into to support construction activities. One of the agreements was entered into with Smith -Emery Company for geotechnical observation during grading and materials testing. Another agreement provided for services by LSA Associates for archaeological and paleontological monitoring during grading and trenching. An additional consultant agreement with Robert Bein, William Frost & Associates (RBF) provided for civil engineering services during construction. The scope of services established in each consultant agreement was limited to the work that was anticipated to be needed for construction of the project. All parties understood that once construction operations commenced, the need for additional services might arise and that such services would be covered by amendments to the applicable consultant agreements. The Consultant Agreement with RBF, dated March 5, 1996, provided for civil engineering support of project construction activities. The compensation budget established in the agreement was $29,500.00. The agreement identified three categories for which services were anticipated: SUBJECT: ARTHUR BOULEVARD WIDENING - SEGM�1 IFIC COAST HIGHWAY TO 1000 FEET NOR RLY OF SAN JOAQUIN HILLS ROAD. September 9, 1996 Page 2 1) Set horizontal and vertical control for use by the contractor's surveyor for construction staking. 2) Perform topographical field surveying to verify quantities of unsuitable material that need to be excavated and recompacted as part of the project grading. 3) Provide office consultation in response to the general contractor's requests for clarification of plans and specifications and to review the general contractor's submittals of shop drawings and material mixes. Now that the construction work has been in progress for four months and is approximately 25% complete, both the City's construction manager and RBF recognize that the scope of necessary support services has expanded and that the corresponding compensation budget amount must be increased. The additional services involve: 1) Field surveying for quality assurance of slope grading, line and grade for curbs, storm drainage pipes and inlets, and subgrade and aggregate sub -base surface elevations. 2) Additional office engineering time for consultation by telephone and attendance at meetings. Some of the additional consultation services relate to contractor suggestions and alternatives for completing the work in a manner that will achieve a reduction in construction cost and /or time. Staff recommends approval of Amendment No. 1 to RBF's Consultant Agreement increasing the compensation budget by $34,500 from $29,500 to $64,000. (Copies of the Original Agreement and Amendment No. 1 are attached for reference.) The civil engineering services in support of construction represent approximately 1.2% of the $5.2 million construction cost for Segment 1 of the MacArthur Boulevard Widening. Funds to cover the additional civil engineering services in support of construction authorized by Amendment No. 1 are budgeted in FY 1996 -97 and are available in the following accounts: SUBJECT: MACARTHUR BOULEVARD WIDENING - SEGMENT 1 PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS ROAD. September 9, 1996 Page 3 Account No. Amount Fund 7284- C5100066 $17,250 Orange Co. Combined Transportation Funding Program OCCTFP 7432- C5100066 $17,250 CIOSA Loan Total $34,500 Respectfully submitted, 0, 661yly� PUBLIC WORKS DEPARTMENT Don Webb, Director ' Gail Pickart Project Management Consultant Attachments: Original Agreement and Amendment No 1 s • • 1 AMENDMENT NO. 1 TO CONSULTANT AGREEMENT Civil Engineering Services during Construction of MacArthur Boulevard Widening - Segment 1 THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, entered into this day of , 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and ROBERT BEIN, WILLIAM FROST & ASSOCIATES, a California corporation, whose address is 14725 Alton Parkway, Irvine, CA 92619 -7057, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On February 12, 1996, a Consultant Agreement was entered into by and between CITY and CONSULTANT (hereinafter referred to as "AGREEMENT") to provide professional civil engineering services involving survey control, quantity verification and design clarification in support of construction activities for Segment 1 of the MacArthur Boulevard Widening project. B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include quality assurance field surveys and assistance in reviewing construction contractor submittals as set forth in CONSULTANT'S proposal dated July 26, 1996, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional scope of services shall be in accordance with a not -to- exceed budget of $34,500 as set forth in CONSULTANT'S proposal dated July 26, 1996 which is identified as Exhibit "B" and is attached hereto and incorporated herein by reference. 3. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $34,500 from $29,500 to $64,000. 4. 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 go APPROVED AS TO FORM: City Attorney Public Works Director CONSULTANT M ATTEST: City Clerk f:\groups\pubworks\agmts\frostl.doc Willdan Associates el Robert Bein, William Frost & Associates Page 1 of 2 Contract Agreement for Job N"er 32581 July 26, 1996 EXHIBIT "A" SCOPE OF SERVICES Consultant agrees to provide the following Scope of Services: TASK 1 FIELD QUALITY ASSURANCE SURVEYS Consultant shall provide additional surveys, at the request of the Client for project quality assurance. Requests for quality assurance surveys shall be made in writing, a minimum of 24 hours prior to field surveying. Quality Assurance Surveys may consist of verifying slope grading, unsuitable materials removals limits, line and grade for top of curb, top of subgrade/ rock or finished surface elevations. A total of ninety -six (96) crew hours (8 bours /month) and twenty -four (24) office hours (2 hours /month) have been budgeted for this work task. TASK 2 CONSTRUCTION ASSISTANCE Consultant will assist the City in resolving issues that arise during the course of construction. This task may include answering questions by telephone or in the field, providing construction details as requested by the City and attendance at construction meetings. For budgetary purposes a total of one hundred forty - four (144) manhours (12 hours /month) have been budgeted for this task. Exhibit "A' Client Initials JN 32581 J Robert Bein, William Frost & EXHIBIT `B" COMPENSATION Client agrees to compensate Consultant for such services as follows: Page 1 of 2 i1v 26. 1446 Monthly on a time and materials basis. For budgetary purposes, a professional fee of $34,000 plus an allowance of $500 for reimbursable expenses has been established for the Scope of Services identified in Exhibit "A ". WORK TASK FEE TASK 1 Field Quality Assurance Surveys $17,000 TASK 2 Construction Assistance $17,000 SUBTOTAL $34,000 Reimbusables Allowance $500 TOTAL '$34,500 Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. The Client shall make every reasonable effort to review invoices within fifteen (15) working days from receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. Work shall commence receipt of a signed copy of this Contract Agreement. Exhibit "B" Client Initials IN 32581 •�. ruv i H R r -IVIrN I • CIVIL ENGINEEf SERVICES DURING CONST UCTION OF MACARTHUR BOULEVARD WIDENING - SEGMENT 1 �y) THIS AGREEMENT, entered into this o' day of ' �- ! /� 6zG ,1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY') and Robert Bein, William Frost & Associates whose address is 14725 Alton Parkway, Irvine, CA 92619 -7057 (hereinafter referred to as "CONSULTANT") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CONSULTANT is a private consulting firm organized under the laws of the State of California to conduct the business of providing professional civil engineering and land surveying services to public and private entities. C. CITY has identified the wider rig of MacArthur Boulevard between Pacific Coast Highway and Ford Road as a projeG resulting in substantial public benefit and improvement to the City's transportation and circulation system. CITY has awarded Contract No. 2825(C) to Griffith Company for construction of Segment 1 of the MacArthur Boulevard Widening project which extends from Pacific Coast Highway to approximately 1000 feet northerly of San Joaquin Hills Road. D. CONSULTANT has submitted a proposal dated February 1, 1996, offering to provide project survey control, quantity verification, and design clarification services during construction operations to be performed under Contract No. 2825(C). E. CITY desires to accept CONSULTANTS proposal dated February 1, 1996, to provide such construction suport services. NOW, THEREFORE, it is mutua.ly agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on the date written above and shall terminate on June 30, 1997, unless termini ed ea- 2, as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Proposal dated February 1, '995, attached hereto and identified as Exhibit "A ". I • SECTION 3. COMPENSATION TO SULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference. Billing shall be on a time and materials basis and shall not exceed $29,500.00 without further written authorization. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION S. INDEPENDENT PARTIES , CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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 express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council. boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANTS negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANTS indemnification of CITY, 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies except workers' compensation and professional liability shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANTS services as described herein. A. $7,QUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company authorized to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance: z I 1 I . Workers compensation insurance covering all employees and principals . of the CONSULTANT, per the 10of the State of California; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit, 3. 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. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall provide that coverage shall not be canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt 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. L� 19 7 T�Z�L11 • . 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 v:Rh 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. CITY, its City Council, boards and commissions, offcers, acd employees shall be named as art additional insured under all insurance coverage re4uirad cy this Agreement, except for workers' compensation and professional liability. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible J I portion of any loss, or expense of any nature this policy or any extension thereof. Any other insurance held by an additions ins d shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRAN F R CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 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 cc:enant 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 of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, a: its sole expense. shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, wort: product, map, record and other document reproduced, prepared or caused to be p:apared by .CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liabili`r or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assemb'ed by the CONSULTANT pursuant to this Agreemer.. shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time a ^d in such form as CITY may require, furnish reports concerning the s'atus of services rr:uired ..ider this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain corr.::ete and accurate records with respect to costs, expenses, receipts and other such i- formation required by CITY that relate to the performance of services required under this Agreement. 4 CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. •such records shall be maintaried in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. 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 second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at City of Newport Bea:h 3300 Newport Boulevard Newport Beach, CA 92663 Attention: John Welter, Proje -t Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Robert Bein, William Frost 8 Associates 14725 Alton Parkway Irvine, CA 92619 -7057 Attention: Michael J. Bruz, P.E. (714) 472 -3505 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business cffice. In the event of termination due to the fault of CONSULTANT, CITY shaft be ob:lga:ed to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminates for ar, reason other than fa;;:: of CONSULTANT. CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Terrra:iation, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. .j • ' • SECTION 14. f DST OF LITIGA3[IQN1iIIII,, If any legal action is necessary to enrol any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verFal agreement or implied covenant shall be held to vary the provisions hereof. 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 above written. APPROVED .T FORM: ,4 .City Attorney CITY OF NEWPORT BEA�CHj /// /y / /�j a municipal corporation BY: a� PU WORKS DIRECTOR CONSULTANT BY: ! U ->' Q 2 -Z -9 ROBERT REIN, VALLidd FRI) a SSOCIATES 1) m_ 4 CITY CLERK 6 .i n � 1 E E AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR MACARTHUR BOULEVARD (SR 73) WIDENING COAST HIGHWAY (SR 1) TO FORD ROAD THIS AMENDMENT NO. 3 TO AGREEMENT, made and entered into this �D day of Mul ,1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY "), and the firm of Robert Bein, William Frost and Associates, a California Corporation, (hereinafter referred to as "ENGINEER "), is made with reference to the following: RECITALS: A. On November 1, 1993, an Agreement for Professional Engineering Services was entered into by and between CITY and ENGINEER, hereinafter referred to as "AGREEMENT ". B. On October 24, 1994, Amendment No. 1 to AGREEMENT was entered into by and between CITY and ENGINEER, hereinafter referred to as "AMENDMENT NO. 1 ". C. On July 25, 1995, Amendment No. 2 to AGREEMENT was entered into by and between CITY and ENGINEER, hereinafter referred to as "Amendment No. 2 ". D. CITY and ENGINEER mutually desire to further amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in the AGREEMENT, AMENDEMENT NO. 1, and AMENDMENT NO. 2, ENGINEER hereby agrees to perform the services and scope of work described in ENGINEER'S letters dated i 0 October 18, 1995; November 6, 1995; and January 3, 1996. Said letters are identified as Attachements I, ll, and III and are attached hereto and by this reference made a part hereof. 2. CITY hereby agrees to compensate ENGINEER for the additional services and scope of work in an amount not to exceed $102,376.00 as set forth on Attachments I, II, and III which are attached hereto and by this reference made a part hereof. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NOS. 1 and 2 shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 to AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: r Mayor APPRQVEQ AS TO FORM: City Attorney ERGIREER .. ate ATTEST: eti City Cler ! | §� }ell ©|� gal ! & � ■ � a| �- §��� Z�a= Ah \ k 0 ■! | § § § ! ! a |! "© ! - § »§ ! �| � §f B }�| § - � }. \3 !.� ! |!§, 2 \ a a $)| k � « ! � \ k 0 0 ATTACHMPNT I `l obert I�Beist,William `Rost 6&clssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS October 18, 1995 Mr. Gail Pickart Project Management Consultant CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 JN 29886 (Addendum No. 5) Subject: Contract Addendum for Additional Professional Engineering Services MacArthur Boulevard Widening Pacific Coast Highway to Ford Road Dear Gail: As we have discussed over the past weeks, Caltrans has requested that we prepare separate right -of- way maps for Segments 1 and 2 of the MacArthur Boulevard Widening Project. This request was made subsequent to our previous extra work request dated June 27, 1995. As you know, we have completed this work and the maps have been sent to you for submittal to Caltrans. In addition, the City has requested that the soundwall plans for the soundwalls (wall nos. 3 & 5) at the Baywood Apartments be revised in accordance with comments received from the arborist working with the soundwall contractor. RBF has completed portions of this work as outlined in Exhibit "A" - "Scope of Services ". A summary of professional fees with a detailed breakdown of manhours by personnel classification is provided in Exhibit `B" - "Compensation/Manhours ". This work is a continuation of our original contract approved on November 1, 1993. We at Robert Bein, William Frost & Associates appreciate this opportunity to be of continuing service to the City of Newport Beach and look forward to construction of this project. Please call me if you have any questions and /or require additional information. Sinc Mic Bel J. Bruz, P.E. Associate Public Works Engineering MB:mjb/29886.900 Pc: Accounting (2) `Pr Bob Kallenbaugh gfessiorLal service sirLce 1944 14725 ALTON PARKWAY • P.O. 80X 57057 • IRVINE, CALIFORNIA 92619 -7057 • (714) 472 -3505 • FAX (714) 472 -8373 OFFICES LOCATED THROUGHOUT CALIFORNIA Robert Bein, William Frost & iates Page 1 of 1 Contract Agreement for Job NuNW 29886 • October 18, 1995 EXHIBIT "A" SCOPE OF SERVICES Consultant agrees to provide the following Scope of Services: TASK 2.15 SOUNDWALL PLANS Consultant will revise the soundwall plans for Walls 3 and 5. This work effort is required as a result of the arborist's comments regarding the trees in the vicinity of these soundwalls. This work effort will of revising both the plan and profile drawings for these walls, including horizontal layout changes and revisions to the pile spacing. Also included as a part of this work effort are modifications to the soundwall calculations. TASK 2.31 RIGHT -OF -WAY MAPS Consultant has revised the previously completed right -of -way map to provide separate maps for both segments of MacArthur Boulevard. This work effort, which entailed modifications to the previously completed map, has been completed and the revised right -of -way maps have been submitted to the City for processing with Caltrans. The right -of -way map, as originally completed, consisted of fifteen (15) plan sheets. As a result of the requested revisions, the maps consist of ten (10) plan sheets for Segment 1 and eight (8) plan sheets for Segment 2. OTTAC H M E19T IL `7,obert 'Beiq,`William `Frost 6&C}4ssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS November 6, 1995 Mr. Gail Pickart Project Management Consultant CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Extra Work Request MacArthur Boulevard Widening Pacific Coast Highway to Ford Road Dear Gail: WNW ia In accordance with your request, I have prepared this extra work request for additional work related to the preparation of two (2) legal descriptions and exhibits for the existing and proposed pedestrian easements north of the Baywood Apartment complex. Generally, the work will consist of preparing one(1) legal description and exhibit to provide a pedestrian easement for the new walkway to be constructed north of the Baywood Apartments. A second legal description and exhibit will be prepared to quitclaim the pedestrian rights to the existing emergency vehicle /pedestrian easement that is being replaced by this new pedestrian access. The professional fees requested to complete this work are as follows: :J "'Pr jessiorLal Service Since 1944 14725 AL-TON PARKWAY • P.O. BOX 57057 • IRVINE, CALIFORNIA 92619 -7057 e (714) 472 -3505 • FAX (714) 472 -6373 OFFICES LOCATED THROUGHOUT CALIFORNIA Project Project Senior Dreher Pp'nd� Uircaor Engn * TeduJdan (15L69) (594.85) (533.39) (118.74) TOW S Remo Fee Tad E Dirna RBF Noun Rate (150%) (10%) Fes pee No. Task Dee.. iption HOURS COST HOURS COST HOURS COST HOURS COST 2.32 121120=u Ptia 2 Ljll� 2 110 8 1211 8 S150 20 $591 5887 $148 $1626 $1626 TOTAL FEES 2 IN 2 $70 8 S267 8 $150 20 1 3591 1 $997 $148 1 $1626 1 51676 :J "'Pr jessiorLal Service Since 1944 14725 AL-TON PARKWAY • P.O. BOX 57057 • IRVINE, CALIFORNIA 92619 -7057 e (714) 472 -3505 • FAX (714) 472 -6373 OFFICES LOCATED THROUGHOUT CALIFORNIA Mr. Gail Pickart • November 6, 1995 Page 2 `J Please add this extra work request to Addendum No. 5 (dated October 18, 1995) which was previously submitted to you. Should you have any questions and /or require additional information, please call me. Sincerely, Micha Bruz, P.E. Associate Public Works Engineering NUB:mjb29886.908 Pc: Accounting (2) Bob Kallen augh JN 29886 ATTACHMENT IIL `Xbber't `Beiq.William `Ffost 6& c54ssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS January 31, 1996 Mr. Gail Pickart Project Management Consultant CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 JN 29886 (Addendum No. 6) Subject: Contract Addendum for Additional Professional Engineering Services MacArthur Boulevard Widening Pacific Coast Highway to Ford Road Dear Gail: As we have discussed, Robert Bein, William Frost & Associates has completed work that is outside of our negotiated scope of services. This majority of the work effort was completed prior to this extra work request in order to meet the submittal deadline of December 21, 1995. Generally, this work consisted additional efforts regarding the drainage plans, grading and removal plans, stage construction plans, utility plans, retaining wall plans, attendance at additional meetings and additional project management /coordination. RBF has completed the majority of this work as outlined in Exhibit "A" - "Scope of Services ". A summary of professional fees with a detailed breakdown of manhours by personnel classification is provided in Exhibit "B" - "Compensation/Manhours ". This work is a continuation of our original contract approved on November 1, 1993. `Pr�essioltal 'Service uiaLce j944 14725 ALTON PARKWAY • P.O. BOX 57057 • IRVINE, CALIFORNIA 92619 -7057 • (714) 472 -3505 • FAX (714) 472 -8373 OFFICES LOCATED THROUGHOUT CALIFORNIA Mr. Gail Pickart • • January 31, 1996 Page 2 We at Robert Bein, William Frost & Associates appreciate this opportunity to be of continuing service to the City of Newport Beach and look forward to construction of this project. Please call me if you have any questions and /or require additional information. Since el J. Bruz, P.E. Associate Public Works Engineering MB:mjb29886.914 Pc A=uning (2) Bob Kallenbaugh ]N 29886 Robert Bein, William Frost & Contract Agreement for Job N EXHIBIT "A" SCOPE OF SERVICES Consultant agrees to provide the following Scope of Services: TASK 2.22 STREET IMPROVEMENT PLANS • Page I of 3 January 31. 1996 Consultant has completed revisions to the plans to accommodate a request by the City of Newport Beach to modify the approved Segment 1 plans to construct a retaining wall adjacent to the back of sidewalk from Station 124 + 95 to Station 128 +75. The changes affected a total of fifteen (15) sheets and were completed and submitted to the City on January 24, 1996. TASK 2.23 GRADING AND REMOVAL PLANS Consultant will revise the grading and removal plans to accommodate revisions necessary as a result of the "Manning" Tract improvements. This work effort is required as a result of the improvements that were made in the field subsequent to the preparation of the grading and removal plans. Also included as a part of this work task are coordination efforts with Adams Streeter Engineers regarding the detention basin south of Ford Road and subsequent plan changes that will occur as a result of negotiations between the City and the Irvine Company. TASK 2.25 DRAINAGE PLANS Consultant has completed several revisions to the completed drainage plans as a result of modifications requested by the City. These changes include: preparation of details to provide architecturally appropriate energy dissipate devices at the outlets of the 72" pipes onto the Big Canyon Golf Course, details for parkway culverts/drainage inlets to accommodate slope drainage from Tract 14533, revisions to the wildlife crossing to accommodate the 20' SCE bench and additional hydrologic/hydraulic analysis associated with the detention basin and hydrology map. TASK 2.27 STAGE CONSTRUCTION PLANS Consultant has completed the stage construction plans for Segment 2 of the MacArthur Boulevard Widening Project. As a result of conditions identified in the field subsequent to preparation of the original proposal, Consultant has made major modifications to the manner in which traffic is to be handled during construction. Our work efforts related to this task are as follows: JN 29886 Robert Bein, William Frost & Wiates Contract Agreement for Job Num cr 29886 EXHIBIT "A" SCOPE OF SERVICES (cont.) • Page 2 of 3 January 31. 1996 The original contract dated October 15, 1993 proposed three (3) construction stages for Seigment 2: Stage 1 Shift existing travel lanes to the west with reduced lane widths to maximize improvements on the east side. Stage 2 Shift travel lanes to the east side to complete ultimate travel lane improvements. Stage 3 - Construct curbed median and final pavement. The original contract estimated 28 sheets for stage construction and 2 sheets for construction area signs for both Segment 1 and 2. During design of the Segment 2 three (3) stage construction it was determined that due to the change in vertical and horizontal alignments, the minimal travehvay width for Stage 2 could not be achieved. Extensive analysis of existing and ultimate grades, alternate horizontal alignment and alternate construction methods were performed. The results of the analysis concluded that four (4) stages would be required, along with single night total street closures: Stage 1 Shift existing travel lanes to the east to construct temporary pavement on the west side to maximize improvements to ultimate in Stage 2. Stage 2 Shift traffic to the west and construct minimum ultimate travel lanes for Stage 3 traffic handling. Stage 3 - Shift all traffic to the east side using both ultimate and temporary pavement and construct the west side to ultimate condition. Stage 4 Temporary close of MacArthur Boulevard to construct small area pavement segments to ultimate condition that could not be achieved in Stage 3. Construct the curbed median, remove temporary pavement on the east side and construct the easterly parkway to ultimate condition. JN 29886 Robert Bein, William Frost & Contract Affeement for Job N EXHIBIT "A" SCOPE OF SERVICES (cont.) Page 3 of 3 ry 31. 1996 The Segment 1 construction required 23 sheets for stage construction and 1 sheet for construction area signs. The Segment 2 four (4) stage construction resulted in 17 sheets for stage construction and 4 sheets for construction area signs and detours. Therefor, a total of 40 sheets for stage construction and 5 sheets for construction area signs and detours were prepared for Segments 1 and 2, rather than the 28 sheets for stage construction and 2 sheets for construction area signs included in our original contract. The significant change in the number of sheets (additional /15 sheets) were primarily due to extreme change in vertical and horizontal alignment and the minimum travelway width required by Caltrans for both Segments 1 and 2. TASK 2.34 UTILITY PLANS Consultant has made revisions to the sewer plans at the request of the City of Newport Beach Utilities Department. These changes included a complete reconstruction and realignment of the sewer line that crosses MacArthur Boulevard through the Wildlife Crossing. These changes were requested subsequent to completion of the sewer plan and the changes have been completed. TASK 2.36 RETAINING WALL PLANS Consultant has completed changes to the retaining wall plans to accommodate changes resulting from requests from the City of Newport Beach and field conditions. These revisions included wall layout (plan and elevation) and changes to the wingwalls for the wildlife crossing resulting from comments received from the City utilities department regarding access to and from the area in which the sewer line is to be reconstructed. TASK 2.41 MEETING ATTENDANCE Consultant has expended the budget that was established for attendance at various project meetings. As a result of the delays associated in taking the Project to Bid and Award an addition allowance will be required to complete this task. For budgetary purposes, an additional allowance of 120 manhours is requested of which 80 manhours has been expended as of February 1, 1996. TASK 2.42 PROGRESS REPORT, PROJECT MANAGEMENT AND PROJECT COORDINATION Consultant has expended the budget that was established for projectcoordination and management. For budgetary purposes, an additional allowance of eighty (80) manhours is requested of which forty (40) manhours has been expended as of February 1, 1996. JN 29886 �| ! $� ■ ƒ � $�! X|! 0 9 § ■ ■!!!�,! |§ ! | |•� ■■� ■;•§ |� &§__ -1 =- ■ | |, |�..,■ , @t » |.a.. .. ! . | i� | / =.� ■._ ;., � 9 AMENDMENT NO. 2 TO CONSULTANT AGREEMENT ENVIRONMENTAL CONSULTING SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 1 THIS AMENDMENT NO. 2 TO CONSULTANT AGREEMENT, made and entered into this /d oL day of4�t 1996, by and between the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY ") and the firm of LSA ASSOCIATES, INC., whose address is One Park Plaza, Suite 500, Irvine, CA 92714, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITAL$: A. On February 13, 1996, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. Amendment No. 1 to AGREEMENT was entered into by and between CITY and CONSULTANT on June 13, 1996, expanding CONSULTANT'S scope of services to include fieldwork necessary to recover artifacts from archaeological sites ORA 167/1117 and MBW -S -1, and increasing CONSULTANT'S compensation amount from $17,700.00 to $29,180.00. C. CITY and CONSULTANT mutually desire to further amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include the following general categories of work: investigations. a. Laboratory analysis of artifacts recovered from archaeological site test b. Specialized studies such as obsidian sourcing and hydration, protein residue analysis, and radiocarbon analysis. C. Excavation of prehistoric human remains (one skeleton) and assistance regarding its disposition. d. Coordination with Orange County Coroner, Native American Heritage Commission in Sacramento, and tribal representatives designated as "mostly likely descendants ". e. Draft and Final Report Preparation Such additional services are more fully described in CONSULTANT'S letter dated July 29, 1996 which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional services is set forth in Exhibit "A" and is in the amount of $62,200, thereby increasing the total not -to- exceed compensation amount for services covered by AGREEMENT from $29,180.00 to $91,380.00. 3. 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 CS lion BY: J Mayor AP A TO FORM: City Attorney CC 0 ATTEST: City Clerk 19'16 -1996 raw AMMYV Principals Rob Bolen Lyn Calerdine Les Card Steve Granholm Ricbard Harlacbe, Roger Harris Art Homrighausen Larry Kennings George Kurilko Carollyn Lobell Rill ,Mayer Rob McCann Rob Schonboltz Malcolm J. Sproul Associates Deborab Baer Connie Caeca Steven W C:onkling Ross Dobberteen Gary DoW Krum Fincber Clint Kellner Karen Kirtland Laura Lafler Benson Lee .Sabrina Nicholls M. W. 'Bill" O'Connell Autbony Pettus Brad Sturm Jill Wilson • LSA July 29, 1996 Mr. Gail Pickart EXHIBIT "A" • 3 0 1996 K City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 -3311 LSA Associates, Inc. Environmental Analysis Transportation Engineering Resource Management Community Planning Ecological Restoration Subject: Request for Additional Budget Authorization for Archaeology Related Tasks for the MacArthur Boulevard Widening Project, City of Newport Beach, County of Orange, California Dear Mr. Pickart: Under contract to the City of Newport Beach (City), LSA Associates, Inc. (LSA) has been monitoring the MacArthur Boulevard Widening project for archaeologi- cal and paleontological remains. The original contract, dated February 13, 1996, provided a budget of $17,700 for archaeological and paleontological monitoring services, including preparation of a brief report to document the monitoring work. Amendment 1, dated June 13, 1996, provided additional budget in the amount of $11,480 to complete fieldwork only for archaeological test excavations at sites CA- ORA- 167/1117 and MBW -S -1. Amendment 1 increased LSA's total budget authorization to $29,180. Exhibit A of Amendment 1 also identified $16,820 in "Cost Possible Future Au- thorization" to complete the work for the test excavations at sites CA -ORA- 167/1117 and MBW -S -1, including laboratory analysis; report preparation; spe- cialized studies such as obsidian sourcing and hydration, protein residue analy- sis, and radiocarbon analysis; and miscellaneous project expenses such as graph- ics and word processing. In late June, 1996, LSA was verbally directed by the City to proceed with these tasks, with the understanding that a subsequent contract amendment would need to be approved by the Newport Beach City Council. In June, 1996, prehistoric human remains were discovered within the project area. Pursuant to the City's verbal authorization, significant time was expended by LSA to coordinate with the City, the Orange County Coroner, and the Native 7 /29 /96((IdDEI630lAMEND2.LTR)) EXHIBIT "A" One Park Plaza, Suite 500 Telephone 714553-0666 Irving California 92714 Facsimile 714553 -8076 • 0 LSA Associates, bic. American Heritage Commission, and to fulfill the legal requirements where human remains are concerned. (This included hiring Native American monitors, who were to submit their invoices to LSA, and LSA in turn was to submit these invoices to the City as a reimbursable expense.) The time required for LSA to investigate and document the find was not provided for in either the original contract or in Amendment 1. We estimate the total cost for LSA's services re- lated to the discovery of human remains to be $ 30,000. This letter is intended to serve as the basis for Amendment 2, to cover the cost of work associated with the discovery of the human remains, the "Cost Possible Future Authorization" for Amendment 1, and the tasks remaining to complete the archaeological monitoring report. Due to the test excavations at sites CA- ORA- 167/1117 and MBW -S-1, and the documentation necessary for the discovery of the human remains, the final report will be more detailed and extensive than the report described in our original contract. The following is a summary of tasks completed to date and those remaining to be completed for Amendment 1 ( "Cost Possible Future Authorization" Tasks for Test Excavations) and Amendment 2 (Discovery of Human Remains): Amendment 11'Cost Possible Future Authorization," Dated June 13, 1996 Budget: $16,820 Completed To Be Completed *Laboratory Analysis Specialized Studies *Draft Report Obsidian Sourcing and Hydration *Specialized Studies Radiocarbon Analysis Protein Residue Amendment 2 1Additional Time Expended as a Result of the Human Remains Budget: $30,000 Completed *Excavation *Native American Monitors *Coordination with the City *Coordination with the Orange County Coroner *Coordination with the Native American Heritage Commission *Laboratory Analysis of the Remains 7 /29 /96((I:DE163TAMEND2. LTRO To Be Completed Final report, to include results of test excavations and discovery and disposition of human remains. Coordination with Native Ameri- cans regarding disposition of hu- man remains. • 4� ISA Ass,,c atcs, Inc. REQUEST FOR INCREASED AUTHORIZATION LSA requests an increase in the current budget authorization to cover the costs incurred to date that are above the current authorized amount of $29,180, and to cover costs of tasks not yet completed. The following budget amendment reflects the total of these costs: 'Completed work as of 7/15/96 described above $30,000 $20,500 expended 6/16 -30/96 $ 9,500 expended 7/1 -15/96 Remaining Monitoring (35 days @ $320 /day)' 11,200 Final Report 10,000 Disposition of Human Remains2 5,000 Specialized Studies 3,000 Obsidian Sourcing and Hydration Radiocarbon Analysis Project Expenses 3,000 Graphics, Word Processing, Supplies TOTAL',z $62,200 This figure represents full -time monitoring for 35 days. If additional monitoring is required, this figure will need to be increased. If fewer hours were used, this figure may be reduced. This figure represents LSA's involvement with the coordination and disposition of the human remains. Depending on LSA's level of in- volvement, this figure may be reduced. We request the City's approval of Amendment 2 in the amount of $62,200. When added to the previously approved budget of $29,180, the new not to exceed total would be $91,380. This amount will not be exceeded without your prior authorization. We do not anticipate any additional finds; therefore, we are confident that the project can be completed within this revised total budget. If you have any questions or comments, please contact us at (714) 553 -0666. Sincerely, LSA ASSOCIATES, INC. Deborah McLean Assistant Project Manager 7 /29 /96(QaDEI630\AMEND2. LTIU> c Rob McCann Principal Cl i AMENDMENT NO. 1 TO CONSULTANT AGREEMENT ENVIRONMENTAL CONSULTING SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 1 THIS" AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this 3 day of June, 1996, by and between the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY ") and the firm of LSA ASSOCIATES, INC., whose address is One Park Plaza, Suite 500, Irvine, CA 92714, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On February 13, 1996, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include the fieldwork necessary to recover artifacts from archaeological sites ORA- 167/1117 and MBW -S -1 as set forth in CONSULTANT'S Statement of Work dated May 13, 1996, which is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional scope of services is $11,480 ($5,880 for site ORA- 167/1117 and $5,600 for site MBW- S -1) thereby increasing the not -to- exceed compensation amount for AGREEMENT from $17,700.00 to $29,180.00. 0 3. 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 BY: L (d Public Works Director A E PP rA O FORM: Ci Attorney CONSULTANT BY: ; / "° FA Associates, Inc. ATTEST City Cle t 0 0 EXHIBIT ,.A" STATEMENT OF WORK - CULTURAL RESOURCE TESTING AT SITES ORA- 167 /1117 AND MBW -S -1, CITY OF NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA May 13, 1996 Prepared for: The City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beacb, CA 92 659 -1 768 Prepared by: LSA Associates, Inc. 1 Park Plaza, Suite 500 Irvine, California 92714 (714) 553 -0666 LSA Project #DEI630 0 TABLE OF CONTENTS • L,.=CkW.x,= PAGE STATEMENT OF QUALIFICATIONS ............................ I EXCEPTIONS AND EXCLUSIONS .............................. 2 COSTS BY SITE FOR TESTING . ............................... 3 PROJECT BUDGET .......... ............................... 5 NEED/JUSTIFICATION FOR SPECIAL ANALYSES ................... 8 MANAGEMENT STRUCTURE AND RESUMES OF KEY PERSONNEL ........ ............................... 8 APPENDICES A - Schedule of Standard Contract Provisions B - Resumes 05 /13N6(1:,DE1630%PROPOSAL.SCP) ii • . LSA Associates, /nc. CULTURAL RESOURCE TESTING AT SITES ORA- 167/1117 AND MBW -S -1, CITY OF NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA Based on the current monitoring results, two prehistoric sites will be affected by proposed construction plans. Both sites are located west of MacArthur Boulevard and south of San Miguel Drive. • ORA- 167/1117 - This site was originally recorded in two areas, but was incorrectly plotted by the University of California, Los Angeles, Archaeological Information Center. The site is located immediately west of MacArthur Boulevard on the level portion of an open field, north of a knoll and just south of a drainage. This site is a sparsely scattered shell midden with no visible artifacts and an unknown depth. Recent discing indicates that the shell midden measures ap- proximately 70x70 m. • MBW -S -1 - On May 9, 1996, this site was identified during grading of the project area. Originally, the site was covered with cactus and a thin veneer of sediments, which obscured it from view. The site is a shell midden located in an area covering less than 50x30 m. No arti- facts were found on the surface. - STATEMENT OF QUALIFICATIONS The Cultural Resource Division of ISA provides archaeological, historical and paleontological consulting services that fulfill California Environmental Quali- ty (CEQA), National Environmental Policy Act (NEPA) and local cultural re- source requirements. We identify cultural resources and evaluate their signi- ficance during a project's planning phases, then develop procedures that either protect or mitigate adverse effects to the cultural resources. LSA's staff archaeologists, project historians and paleontologists have exten- sive experience and capabilities in archival and field research, as well as report preparation, having completed numerous public and private projects throughout northern and southern California. Our personnel are accredited by the Society of Professional Archaeologists (SOPA), and are included on various county lists of certified archaeologists and paleontologists. Typical services include: • Archaeological archival reviews • Historical archival studies • Reconnaissance surveys • Intensive surveys • Cultural resource inventories • Historic properties surveys 05/13/96(1:, DE1630,PROPOSAL.SC P) • • LSA Associates, Jnc. • Historical overviews • Architectural recording • Resources for the National Register of Historic Places • Historical cultural resources testing • Implement prehistorical cultural resource test investigations • Implement historical data recovery excavations • Implement prehistorical data recovery excavations • Paleontological survey • Paleontological data recovery investigations • Projects for historical resources • Grading projects for prehistoric remains • Grading projects for paleontological remains • Preservation plans • Educational displays for cultural resources • Cultural resource policy and procedure programs EXCEPTIONS AND EXCLUSIONS I.SA has proposed on this project based on information observed during field monitoring. It is possible that testing will not recover items or sufficient material to perform specialized analysis (radiocarbon, obsidian, protein residue and bone identification). In this case, costs for specialized studies will not be incurred. Although uncommon, it is possible that the site depth is extremely deep. If depth exceeds 120 cm, the time and cost needed to excavate to sterile sedi- ments will require a budget augment. Also, the recovery of items like obsidian and ceramics, or large quantities of bone, will require additional study and will require additional funding. However, this is unlikely, since the majority of coastal mainland California shell middens contain very few artifacts and are generally limited to ecofacts such as shell and small amounts of bone. A curation agreement and fees between a repository and the City of Newport Beach will be developed, and a one time fee paid to the curation facility. This fee is dependent upon the amount of material recovered, which is un- known at this time. The cost for curation of one cubic foot of material is $75 at the California State University, Fullerton, archaeological storage facility. 05 /13/96(1 ;1 DE1630%- PR0P0SAL.SCP) 2 • COSTS BY SITE FOR TESTING • LM Associates, Inc. The purpose of archaeological testing is to determine site boundaries and to assess site importance. If the proposed testing indicates that the research potential of the site has been realized, excavation will be halted, and the site will be considered cleared for development. Project costs are contained in the budget section of this Scope of Work. Although site sizes are different, testing costs for both sites are similar due to the nature of each site. Whereas site ORA- 167 /1117 is a sparse shell scatter covering a large area, site MBW -S -1 is a concentrated shell midden located within a relatively confined area. Thus, fewer Shovel Test Pits (STPs) will be excavated at MBW - -S -1, but they will require more time due to their increased material content relative to OItA- 167/1117. Archaeological testing of both sites within the project area includes the fol- lowing: 1) Preparation of a detailed site map. 2) Surface collection of all visible surface artifacts. 3) Determination of the surface and subsurface extent of each of the sites with controlled excavation using shovel test pits (STPs) and 1x1 m units. 4) Documentation of each site, including photographs and illustrations of all features encountered. 5) Preparation of a technical report describing in detail the research design, methods, results, analysis, and recommendations. 'the tasks to complete the work are outlined below. Fieldwork Testing at both sites will commence with the placement of datums to pro- duce a detailed site map showing topography and major physiographic fea- tures. Additional elements, such as excavation unit locations, will be added to the map as the project proceeds. Following the placement of a site da- tum, all visible surface artifacts will be collected in labelled bags with provenience to the nearest meter. Labels will include site and grid designa- tions. Surface ecofact concentrations (shell, bone, etc.) will also be mapped to show the distribution and variability of the deposit. The surface extent of each site will be mapped based on the presence of surface artifacts. Next, all visible surface features, such as cooking hearths, will be recorded with illus- trations and photographs. 05/ 13/96(1:,,DE1630,.PROPOSAL.SCP) 3 • 0 LSA Associates, Inc. Following the collection of surface artifacts and feature recording, a series of STPs will be excavated to make a preliminary determination as to the sub- surface extent and integrity of both sites. When used in conjunction with collected surface artifacts, STPs will also assist in determining site bound- aries. STPs will be placed along an axis oriented either north -south or along an existing landform such as a ridge. In this respect, STPs will follow previ- ously mapped landforms. STPs will be approximately 35 cm diameter, and will be excavated by 10 cm level, with sediments passed through one - eighth inch mesh screen. Culturally related material will be saved in labelled bags. Excavation will be to bedrock or to sterile sediment (sterile sediment is defined as one devoid of culturally related material). All SIN will be backfilled. Placement of a single 1x1 m unit at each site will be based on the location of STPs containing culturally related material. Excavation of 1x1 m units is proposed within areas shown by the surface collection and excavated STPs to contain greater concentrations of culturally related material. Each 1x1 m unit will be hand excavated in a controlled manner to determine the exact nature and depth of the deposit. Artifact and midden deposits in the vicinity of the project area have as little as 2 feet and as much as 12 feet of depth. STY and unit locations will be delineated on site maps. Excavation of 1x1 m units will be by ten cm level following the natural sur- face contour until a subsurface change is detected, or until bedrock or sterile sediment is encountered. Upon encountering subsurface stratigraphy, exca- vation will change to follow the stratigraphic change. As with STPS, sedi- ments will be screened through one - eighth inch mesh screen, and culturally related material saved in labelled plastic bags. Excavation unit sidewalls will be illustrated and photographed to document stratigraphic changes. Samples of each stratigraphic level illustrated in sidewall profiles will be saved for future analysis. Field notes will be kept to record results of each ten cm level, as well as to record sediment types, disturbance, and additional items observed in the field. Laboratory Analysis All culturally related material will be returned to I.SA's laboratory, where it will be washed, dried, and sorted by material type for cataloging. Tools will receive individual field specimen numbers, while ecofacts and the remaining artifacts will be separated by specimen type and level. State of California and professional curation standards will be followed for specimen labels and cataloging. Catalog numbers will be identified by cards indicating accession numbers and placed in bags containing material items such as artifact, debitage and faunal remains. Diagnostic flora and fauna will be labelled and numbered in accordance with the curation institution's guidelines (California State University, Fullerton). All items will be cataloged on standard catalog forms. Projectile points, beads, tools and other diagnostic artifacts will be measured and weighed. Unique and representative artifacts will be photo- 05/13/96(1: •DE1630 ,PROPOSAL.SCP) • 0 LSA Associates, Inc. graphed in the laboratory and/or illustrated to provide the best possible depiction for publication. All items will then be placed in storage containers for curation. Following completion of laboratory work, analysis of the material will be undertaken. The Field Director, in cooperation with the Laboratory Director, will classify all projectile points and formed tools. Gross comparison be- tween identified types will be made with reference to published literature and manuscripts relevant to the region. Faunal material will be sorted into general categories, such as large and small mammal, bird and fish, and sub- mitted for specialized analysis depending upon the recovery of these materials. Bone and shell will be analyzed by qualified specialists. If possi- ble, blood residue, obsidian, and additional analyses will be undertaken depending upon the items recovered. If charcoal is recovered in sufficient quantities in an undisturbed, prehistoric context, radiocarbon analysis will be completed to determine the age of the site. Analysis of obsidian will include sourcing (where it originated) and hydration (age of the obsidian) by profes- sional laboratories. Radiocarbon analysis of two (2) items per site will occur if sufficient material is recovered. Additional analyses such as blood protein residue studies will depend upon the recovery of suitable items. Report Preparation Preparation of a draft technical report will be consistent with the State Office of Historic Preservation (OHP) Archaeological Resource Management Report (ARMR) for recommended contents and format. The report will indicate the location of all cultural resources tested during the course of the project, and will compare the results of data analysis in discussions citing previously published references. Material recovered will be presented in table format. Photographs or illustrations of all diagnostic items will be presented within the body of the report. Specialized studies will be presented as appendices to the report, as will updated site forms describing testing and results. Project Expenses Additional expenses incurred for the production of a final report include graphics, word processing, report production, supplies, specialized studies and curation. Specialized study and curation costs are itemized based on minimal recovery. Analysis, illustration, photography, and special studies will be minimal, dependent upon the recovery of specific items. Thus, costs for special studies and curation may or may not be incurred, depending upon the amount and types of items found. PROJECT BUDGET The following pages contain the project budget for this scope of work. 05 /13/96(1: DE1630,PR0P0SAL.sCP) 5 ORA 167/1117 Task Fieldwork Iaboratory Analysis Report Preparation Project Expenses Graphics Word Processing Production Supplies Specialized Studies Subtotals Total Budget Estimate SLSA Associates, Ina Cost Cost Authorization Possible Requested Future Now Authorization $5,880 2,400 2,240 $5,880 $14,240 500 810 210 250 2,000 $8,410 05 /13/96(1:,DE1630•PROPOSAL.SCP) 6 • 0 U4 Associates, Inc. MBW S -1 Task Cost Cost Authorization Possible Requested Future Now Authorization Fieldwork $5,600 Laboratory Analysis 2,400 Report Preparation 2,240 Project Expenses Graphics Word Processing Production Supplies Specialized Studies Subtotals Total Budget Estimate 500 810 210 250 2,000 $5,600 $8,410 $14,010 05 /13/96(1:'..DM630,PROPOSAL.SCP) 7 C1 • n • CITY Of NEWPQRT BEACH September 9, 1996 SEP 9. CITY COUNCIL AGENDA ITEM NO. io TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: MACARTHUR BOULEVARD WIDENING -SEGMENT 1 PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS ROAD. RECOMMENDATIONS: 1. Approve Amendment No. 1 to a Consultant Agreement with Robert Bein, William Frost & Associates increasing the compensation for civil engineering services during construction by $34,500. 2. Authorize the Mayor and the City Clerk to sign Amendment No. 1 on behalf of the City. DISCUSSION: Prior to the commencement of Segment 1 construction operations, several consultant agreements were entered into to support construction activities. One of the agreements was entered into with Smith -Emery Company for geotechnical observation during grading and materials testing. Another agreement provided for services by LSA Associates for archaeological and paleontological monitoring during grading and trenching. An additional consultant agreement with Robert Bein, William Frost & Associates (RBF) provided for civil engineering services during construction. The scope of services established in each consultant agreement was limited to the work that was anticipated to be needed for construction of the project. All parties understood that once construction operations commenced, the need for additional services might arise and that such services would be covered by amendments to the applicable consultant agreements. The Consultant Agreement with RBF, dated March 5, 1996, provided for civil engineering support of project construction activities. The compensation budget established in the agreement was $29,500.00. The agreement identified three categories for which services were anticipated: SUBJECT: ARTHUR BOULEVARD WIDENING - SEGMO 1 PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS ROAD. September 9, 1996 Page 2 1) Set horizontal and vertical control for use by the contractor's surveyor for construction staking. 2) Perform topographical field surveying to verify quantities of unsuitable material that need to be excavated and recompacted as part of the project grading. 3) Provide office consultation in response to the general contractor's requests for clarification of plans and specifications and to review the general contractor's submittals of shop drawings and material mixes. Now that the construction work has been in progress for four months and is approximately 25% complete, both the City's construction manager and RBF recognize that the scope of necessary support services has expanded and that the corresponding compensation budget amount must be increased. The additional services involve: C 1) Field surveying for quality assurance of slope grading, line and grade for curbs, • storm drainage pipes and inlets, and subgrade and aggregate sub -base surface elevations. 2) Additional office engineering time for consultation by telephone and attendance at meetings. Some of the additional consultation services relate to contractor suggestions and alternatives for completing the work in a manner that will achieve a reduction in construction cost and /or time. Staff recommends approval of Amendment No. 1 to RBF's Consultant Agreement increasing the compensation budget by $34,500 from $29,500 to $64,000. (Copies of the Original Agreement and Amendment No. 1 are attached for reference.) The civil engineering services in support of construction represent approximately 1.2% of the $5.2 million construction cost for Segment 1 of the MacArthur Boulevard Widening. Funds to cover the additional civil engineering services in support of construction authorized by Amendment No. 1 are budgeted in FY 1996 -97 and are available in the following accounts: • v 0 • SUBJECT: MACARTHUR BOULEVARD WIDENING - SEGMENT 1 PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS ROAD. September 9, 1996 Page 3 Account No. Amount Fund 7284- C5100066 $17,250 Orange Co. Combined Transportation Funding Program OCCTFP 7432- C5100066 $17,250 CIOSA Loan Total $34,500 Respectfully submitted, 0,... �yy_ PUBLIC WORKS DEPARTMENT Don Webb, Director Gail Pickart Project Management Consultant Attachments: Original Agreement and Amendment No 1 • i r 0 AMENDMENT NO.1 TO CONSULTANT AGREEMENT Civil Engineering Services during Construction of MacArthur Boulevard Widening - Segment 1 THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, entered into this day of , 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and ROBERT BEIN, WILLIAM FROST & ASSOCIATES, a California corporation, whose address is 14725 Alton Parkway, Irvine, CA 92619 -7057, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: IZAALOAR A. On February 12, 1996, a Consultant Agreement was entered into • by and between CITY and CONSULTANT (hereinafter referred to as "AGREEMENT ") to provide professional civil engineering services involving survey control, quantity verification and design clarification in support of construction activities for Segment 1 of the MacArthur Boulevard Widening project. B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include quality assurance field surveys and assistance in reviewing construction contractor submittals as set forth in CONSULTANT'S proposal dated July 26, 1996, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. r11 L! L 11 . 2. Compensation to be paid to CONSULTANT for such additional scope of services shall be in accordance with a not -to- exceed budget of $34,500 as set forth in CONSULTANT'S proposal dated July 26, 1996 which is identified as Exhibit "B" and is attached hereto and incorporated herein by reference. 3. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $34,500 from $29,500 to $64,000. 4. 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 AN APPROVED AS TO FORM: City Attorney Public Works Director CONSULTANT AN ATTEST: City Clerk • f:\ groups \pubworks\agmts \frostt.doc Willdan Associates Robert Bein, William Frost EXHIBIT "A" SCOPE OF SERVICES Consultant agrees to provide the following Scope of Services: TASK 1 FIELD QUALITY ASSURANCE SURVEYS Page 1 of 2 Consultant shall provide additional surveys, at the request of the Client for project quality assurance. Requests for quality assurance surveys shall be made in writing, a minimum of 24 hours prior to field surveying. Quality Assurance Surveys may consist of verifying slope grading, unsuitable materials removals limits, line and grade for top of curb, top of subgrade/ rock or finished surface elevations. A total of ninety -six (96) crew hours (8 hours /month) and twenty -four (24) office hours (2 hours /month) have been budgeted for this work task. TASK 2 CONSTRUCTION ASSISTANCE Consultant will assist the City in resolving issues that arise during the course of construction. This task may include answering questions by telephone or in the field, providing construction details as requested by the City and attendance at construction meetings. For budgetary purposes a total of one hundred forty - four (144) manhours (12 hours /month) have been budgeted for this task. Exhibit "A' Client Initials n U JN 32581 Robert Bein, William Frost & 32581 • EXHIBIT "B" COMPENSATION Client agrees to compensate Consultant for such services as follows: 1of2 .1996 Monthly on a time and materials basis. For budgetary purposes, a professional fee of $34,000 plus an allowance of $500 for reimbursable expenses has been established for the Scope of Services identified in Exhibit "A ". WORK TASK FEE TASK 1 Field Quality Assurance Surveys $17,000 TASK 2 Construction Assistance $17,000 SUBTOTAL $34,000 Reimbusables Allowance $500 . TOTAL $34,500 Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. The Client shall make every reasonable effort to review invoices within fifteen (15) working days from receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. Work shall commence receipt of a signed copy of this Contract Agreement. Exhibit "B" Client Initials JN 32581 QQNSULTANT AGREEMENT CIVIL ENGINEERIG SERVICES DURING CONSTRUCTION OF MACARTHUR BOULEVARD WIDENING - SEGMENT 1 THIS AGREEMENT, entered into this d - —day of • �% cle✓ ,1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and Robert Bein, William Frost & Associates whose address is 14725 Afton Parkway, Irvine, CA 92619 -7057 (hereinafter referred to as "CONSULTANT' is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CONSULTANT is a private consulting firm organized under the laws of the State of California to conduct the business of providing professional civil engineering and land surveying services to public and private entities. C. CITY has identified the wider -rig of MacArthur Boulevard between Pacific Coast Highway and Ford Road as a project resulting in substantial public benefit and improvement to the City's transportation and circulation system. CITY has awarded Contract No. 2825(C) to Griffith Company for construction of Segment 1 of the MacArthur Boulevard Widening project which extends from Pacific Coast Highway to approximately 1000 feet northerly of San Joaquin Hills Road. D. CONSULTANT has submitted a proposal dated February 1, 1996, offering to provide project survey control, quantity verification, and design clarification services during construction operations to be performed under Contract No. 2825(C). E. CITY desires to accept CONSULTANT's proposal dated February 1, 1996, to provide such construction suport services. NOW, THEREFORE, it is mutua:ly agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on the date written above and shall 'erminate on June 30, 1997, unless terminated ea- er as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and v.ork as outlined herein and more fully described in the Proposal dated February 1, '995, attached hereto and identified as Exhibit "A ". • I, r • • Pi SECTION 3. CO MPENSATION TAIKONSULIANT CONSULTANT shall be compensate for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference. Billing shall be on a time and materials basis and shall not exceed $29,500.00 without further written authorization. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION S. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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 express terms of this Agreement. SECTION 6. BOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANTS indemnification of CITY. 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 the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies except workers' compensation and professional liability shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANTS services as described herein. A. $- OUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company authorized to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance: 2 1. Worker's compensation insu ce covering all employees and principals • of the CONSULTANT, per thWs of the State of California; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal • injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate ., shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. 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. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall provide that coverage shall not be canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt 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. B. SUBROGATION WAIVER 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. C. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and emp!oyees shall be named as a-. additional insured ender all insurance :overage re;ui.ed by this Agreement, except for workers' compensation and professional liability. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible 3 • i s 0 I portion of any loss, or expense of any na, on this policy or any extension thereof. • Any insurance held by other an additionared shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER . CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 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 Warrant it 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 vating pourer of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense. shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS 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. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, mainte=nance and repair of the Project. Any use of such documents for other projects, and an use of uncompleted documents, shall be at the sole risk of the CITY and without liability of legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assemb!ed by the CONSULTANT pursuant to this Agreemer shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time a.d in such form as CITY may require, furnish reports concerning the sta'js of services r- _uired :nder this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain com�!ete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. s 0 I CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of serviAll such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY • the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. 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 second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: John Wolter. Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Robert Bein, William Frost & Associates . 14725 Alton Parkway Irvine, CA 92619 -7057 Attention: Michael J. Bra, P.E. (714)472.3505 SECTION 13 Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business cffice. In the event of termination due to the fault of CONSULTANT, CITY sha!I be oNiga:ed to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminatec for ac, reason other than fay ;: of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. If any legal action is necessary to any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount • as the court may adjudge to be reasonable attorneys' tees. SECTION 16. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No vertal agreement or implied covenant shall be held to vary the provisions hereof. Any mojification 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 above written. • CITY OF NEWPORT BEACH, a municipal corporation BY: BY: �v PU WORKS DIRECTOR -XAPPROVED .T FORM: �1 ........ Cit Attorney CONSULTANT BY:, In iJ CITY CLERK • "L _Kdg ! 2 -Z -9 ROBERT BEIN. WILL4it.1 FROS' a SSOCIATES 6 �5 • TO: FROM: SUBJECT: i May 13, 1996 CITY COUNCIL AGENDA ITEM NO. Mayor and Members of the City Council .'L P Public Works Department Y " a MACARTHUR BOULEVARD WIDENING PROJECT FI PACIFIC COAST HIGHWAY TO FORD ROAD - CONI RECOMMENDATIONS: KN 1 3 ' 1. Approve Amendment No. 3 to an Engineering Services Agreement with Robert Bein, William Frost & Associates increasing the compensation amount by $102,376.00. 2. Authorize the Mayor and the City Clerk to sign Amendment No. 3 on behalf of the City. DISCUSSION: On October 25, 1993, the City Council approved an Agreement for Professional Engineering Services with Robert Bein, William Frost & Associates (RBF) covering the preparation of plans, specifications, and estimates (PS &E) for the final design of the MacArthur Boulevard Widening project. The initial scope of work anticipated two PS &E sets for the entire project: one set for Segment 1, which extends from Pacific Coast Highway to San Joaquin Hills Road; and a second set for Segment 2, which extends from San Joaquin Hills Road to Ford Road. The City Council has approved two subsequent amendments to the initial Engineering Services Agreement with RBF. Both amendments identified additional work required and changes to the scope of services as initially described. A summary of RBF's Agreement, as it currently stands, is as follows: DESCRIPTION DATE FEE AMOUNT REIMBURSABLES TOTAL APPROVED AUTHORIZED BUDGET AUTHORIZED AUTHORIZATION Initial Agreement 10 -25 -93 $1,080,650 $10,000 $1,090,650 Amendment No. 1 10 -24 -94 77,616 40,000 117,616 Amendment No. 2 7 -10 -95 140.461 35.000 175.461 TOTALS $1,298,727 $85,000 $1,383,727 • During the past ten months, more additional work items have been identified. Furthermore, as the project time schedule extends, more time is spent performing project coordination and attending project meetings. RBF has requested additional 0 SUBJECT: MACARTHUR BOULEVARD WIDENING PROJECT FROM PACIFIC COAST HIGHWAY TO FORD ROAD - CONTRACT NO. 2825T May 13, 1996 Page 2 compensation for their increased scope of services, in an amount of $102,376. A more detailed description of the additional services are set forth in three letters from RBF, which have been incorporated into Amendment No. 3 to their Agreement with the City. (A copy of the proposed Amendment No. 3 is attached for reference.) A brief outline of the additional work included in Amendment No. 3 is as follows: * Revise alignment of sound walls along Baywood Apartments to accommodate arborist's recommendations for tree removals. * Prepare legal descriptions and exhibits for pedestrian and bike trail easements within Baywood Apartments. * Separate Caltrans right -of -way maps into individual sets corresponding to Segments 1 and 2. • * Add a back -of- sidewalk retaining wall design to Segment 1 plans where a right - of -entry could not be obtained from an adjacent property owner. • * Revise grading and drainage plans to reflect "as- constructed" conditions of Newport Hills Estates (12 -lot subdivision by Manning Co. along Newport Hills Drive West) and to accommodate Southern California Edison design for power pole relocations. * Revise and expand stage construction plans for Segment 2 from three to four stages to meet Caltrans' requirements. * Prepare design for complete new sanitary sewer main through Big Canyon wildlife crossing. * Increase time budgeted for meetings, project management, and project coordination by 200 hours. The staff has carefully reviewed the additional work identified by RBF and the corresponding additional compensation requested. Both appear to be justified and Amendment No. 3 is recommended for approval. The total contract authorization will then be $1,486,103 ($1,383,727 + $102,376). • • • SUBJECT: MACARTHUR BOULEVARD WIDENING PROJECT FROM PACIFIC COAST HIGHWAY TO FORD ROAD - CONTRACT NO. 2825T May 13, 1996 Page 3 Funds to cover the additional costs represented by Amendment No. 3 are available in the current Fiscal Year 1995 -96 budget in the following accounts: ACCOUNT NO AMOUNT FUND 7432- C5100066 $51,188 CIOSA Loan 7261- C5100066 $51,188 Circulation & Transportation Respectfully submitted, Ch Webb Public Works Director By: ; Gail Pickart Project Management Consultant Attachment AMENDMENT NO. 3 TO •AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR MACARTHUR BOULEVARD (SR 73) WIDENING COAST HIGHWAY (SR 1) TO FORD ROAD THIS AMENDMENT NO. 3 TO AGREEMENT, made and entered into this day of ,1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY "), and the firm of Robert Bein, William Frost and Associates, a California Corporation, (hereinafter referred to as "ENGINEER "), is made with reference to the following: RECITALS: A. On November 1, 1993, an Agreement for Professional Engineering Services was entered into by and between CITY and ENGINEER, hereinafter referred • to as "AGREEMENT ". B. On October 24, 1994, Amendment No. 1 to AGREEMENT was entered into by and between CITY and ENGINEER, hereinafter referred to as "AMENDMENT NO. 1 ". C. On July 25, 1995, Amendment No. 2 to AGREEMENT was entered into by and between CITY and ENGINEER, hereinafter referred to as "Amendment No. 2 ". D. CITY and ENGINEER mutually desire to further amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in the AGREEMENT, AMENDEMENT NO. 1, and AMENDMENT NO. 2, ENGINEER hereby agrees to perform the services and scope of work described in ENGINEER'S letters dated is •October 18, 1995; November 6, 1995; and January 3, 1996. Said letters are identified as Attachements I, II, and III and are attached hereto and by this reference made a part hereof. 2. CITY hereby agrees to compensate ENGINEER for the additional services and scope of work in an amount not to exceed $102,376.00 as set forth on Attachments I, II, and III which are attached hereto and by this reference made a part hereof. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NOS. 1 and 2 shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 to AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, • a municipal corporation WN APPROVED AS TO FORM: City Attorney Mayor ENGINEER ffn ATTEST: • City Clerk Robert Bein, William Frost & Associates ATTACH L N T I `Robert 'Beiq, `Wi11iam `Frost 6& Associates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS • October 18, 1995 IN 29886 (Addendum No. 5) Mr. Gail Pickart Project Management Consultant CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Contract Addendum for Additional Professional Engineering Services MacArthur Boulevard Widening Pacific Coast Highway to Ford Road Dear Gail: As we have discussed over the past weeks, Caltrans has requested that we prepare separate right -of- way maps for Segments 1 and 2 of the MacArthur Boulevard Widening Project. This request was • made subsequent to our previous extra work request dated June 27, 1995. As you know, we have completed this work and the maps have been sent to you for submittal to Caltrans. In addition, the City has requested that the soundwall plans for the soundwalls (wall nos. 3 & 5) at the Baywood Apartments be revised in accordance with comments received from the arborist working with the soundwall contractor. RBF has completed portions of this work as outlined in Exhibit "A" - "Scope of Services ". A summary of professional fees with a detailed breakdown of manhours by personnel classification is provided in Exhibit `B" - "Compensation/Manhours ". This work is a continuation of our original contract approved on November 1, 1993. We at Robert Bein, William Frost & Associates appreciate this opportunity to be of continuing service to the City of Newport Beach and look forward to construction of this project. Please call me if you have any questions and /or require additional information. Sinc Mic ael J. Bruz, P.E. Associate Public Works Engineering MB:mjb/29886.900 • PC: Accounting (2) cPrgfessiorLal service since 1944 Bob Kallenbaugh 14725 ALTON PARKWAY • P.O. BOX 57057 • IRVINE CALIFORNIA 92619 -7057 • (714) 472 -3505 • FAX (714) 472 -8373 OFFICES LOCATED THROUGHOUT CALIFORNIA Robert Bein, William Frost & Associates Contract Agreement for Job Number 29886 I • EXHIBIT "A" SCOPE OF SERVICES Consultant agrees to provide the following Scope of Services: TASK 2.15 SOUNDWALL PLANS Page 1 of 1 October 18, 1995 Consultant will revise the soundwall plans for Walls 3 and 5. This work effort is required as a result of the arborist's comments regarding the trees in the vicinity of these soundwalls. This work effort will of revising both the plan and profile drawings for these walls, including horizontal layout changes and revisions to the pile spacing. Also included as a part of this work effort are modifications to the soundwall calculations. TASK 2.31 RIGHT -OF -WAY MAPS Consultant has revised the previously completed right -of -way map to provide separate maps for both segments of MacArthur Boulevard. This work effort, which entailed modifications to the previously completed map, has been completed and the revised right -of -way maps have been submitted to the City for processing with Caltrans. The right -of -way map, as originally completed, consisted of fifteen (15) plan sheets. As • a result of the requested revisions, the maps consist of ten (10) plan sheets for Segment 1 and eight (8) plan sheets for Segment 2. • ! � ■f �7!* §.2| }!� ! � a � ! k |! )k} | ƒ)f {|2k B k k [� � 0 � E § ■ § : § § § § ! ! ■ e ■ © § ; ! -e 2 . 2�k§ § _ ) � q ] } B k k [� � 0 � E 0 ATTACHMENT LC `Xbber't `Bei,Q, `Wi11iam 'Frost 6& c54ssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS November 6, 1995 Mr. Gail Pickart Project Management Consultant CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Extra Work Request MacArthur Boulevard Widening Pacific Coast Highway to Ford Road Dear Gail: JN 29886 In accordance with your request, I have prepared this extra work request for additional work • related to the preparation of two (2) legal descriptions and exhibits for the existing and proposed pedestrian easements north of the Baywood Apartment complex. Generally, the work will consist of preparing one(1) legal description and exhibit to provide a pedestrian easement for the new walkway to be constructed north of the Baywood Apartments. A second legal description and exhibit will be prepared to quitclaim the pedestrian rights to the existing emergency vehicle /pedestrian easement that is being replaced by this new pedestrian access. The professional fees requested to complete this work are as follows: • Treessiortal Service since 1944 14725 ALTON PARKWAY 0 P,O BOX 57057 0 IRVINE, CALIFORNIA 92619 -7057 • (714) 472 -3505 0 FAX (714) 472 -8373 OFFICES LOCATED THROUGHOUT CALIFORNIA Pro Scnior Drafter Prind D,,,=, Gemeer Tcdo iaan (f5L�9) ($34.85) (533.39) ($18.74) Total Indirect Ner Tow RBF Dirca Rare Fcc RBP Work How, Raw (150%) (10%) Fee Fee No. Task Desorip6on HOURS OUST HOURS COST HOURS COST HOURS COST 2.32 Seal Desaiptioru and E "bits 2 $104 2 $70 8 $2_67 8 $150 20 $591 5887 $148 $1676 $1676 TOTAL FEES 2 $104 2 $70 8 $267 8 $150 20 1 S591 1 $887 1 $118 1 51626 51626 • Treessiortal Service since 1944 14725 ALTON PARKWAY 0 P,O BOX 57057 0 IRVINE, CALIFORNIA 92619 -7057 • (714) 472 -3505 0 FAX (714) 472 -8373 OFFICES LOCATED THROUGHOUT CALIFORNIA Mr. Gail Pickart November6, 1995 • • Page 2 Please add this extra work request to Addendum No. 5 (dated October 18, 1995) which was previously submitted to you. Should you have any questions and /or require additional • information, please call me. P.E. Engineering MJB:mjb29886.908 Pc: Accounting (2) Bob Kallen augh JN 29986 .7 • 0 • • ►TTA G H M E NI `Robert `Beirl,`William `Frost 6,c,9ssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS January 31, 1996 Mr. Gail Pickart Project Management Consultant CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 JN 29886 (Addendum No. 6) Subject: Contract Addendum for Additional Professional Engineering Services MacArthur Boulevard Widening Pacific Coast Highway to Ford Road Dear Gail: As we have discussed, Robert Bein, William Frost & Associates has completed work that is outside of our negotiated scope of services. This majority of the work effort was completed prior to this extra work request in order to meet the submittal deadline of December 21, 1995. Generally, this work consisted additional efforts regarding the drainage plans, grading and removal plans, stage construction plans, utility plans, retaining wall plans, attendance at additional meetings and additional project management /coordination. RBF has completed the majority of this work as outlined in Exhibit "A" - "Scope of Services ". A summary of professional fees with a detailed breakdown of manhours by personnel classification is provided in Exhibit "B" - "Compensation/Manhours ". This work is a continuation of our original contract approved on November 1, 1993. TPrgfessiorlal service since 1944' 14725 ALTON PARKWAY • P O. BOX 57057 • IRVINE, CALIFORNIA 92619 -7057 • (714) 472 -3505 • FAX (714) 472 -8373 OFFICES LOCATED THROUGHOUT CALIFORNIA Mr. Gail Pickart January 31, 1996 . • Page 2 We at Robert Bein, William Frost & Associates appreciate this opportunity to be of continuing service to the City of Newport Beach and look forward to construction of this project. Please • call me if you have any questions and /or require additional information. Since el J. Bruz, P.E. Associate Public Works Engineering MB:mjb29886.914 PC Aocouning(2) Bob Kallenbaugh JN 29886 • Robert Bein, William Frost & Associates Pagel of 3 Contract Agreement,for Job NuMber 29886 January 31, 1996 EXHIBIT "A" SCOPE OF SERVICES • Consultant agrees to provide the following Scope of Services: TASK 2.22 STREET IMPROVEMENT PLANS Consultant has completed revisions to the plans to accommodate a request by the City of Newport Beach to modify the approved Segment 1 plans to construct a retaining wall adjacent to the back of sidewalk from Station 124 + 95 to Station 128 +75. The changes affected a total of fifteen (15) sheets and were completed and submitted to the City on January 24, 1996. TASK 2.23 GRADING AND REMOVAL PLANS Consultant will revise the grading and removal plans to accommodate revisions necessary as a result of the "Manning" Tract improvements. This work effort is required as a result of the improvements that were made in the field subsequent to the preparation of the grading and removal plans. Also included as a part of this work task are coordination efforts with Adams Streeter Engineers regarding the detention basin south of Ford Road and subsequent plan changes that will occur as a result of negotiations between the City and the Irvine Company. • TASK 2.25 DRAINAGE PLANS Consultant has completed several revisions to the completed drainage plans as a result of modifications requested by the City. These changes include: preparation of details to provide architecturally appropriate energy dissipate devices at the outlets of the 72" pipes onto the Big Canyon Golf Course, details for parkway culverts /drainage inlets to accommodate slope drainage from Tract 14533, revisions to the wildlife crossing to accommodate the 20' SCE bench and additional hydrologic/hydraulic analysis associated with the detention basin and hydrology map. is TASK 2.27 STAGE CONSTRUCTION PLANS Consultant has completed the stage construction plans for Segment 2 of the MacArthur Boulevard Widening Project. As a result of conditions identified in the field subsequent to preparation of the original proposal, Consultant has made major modifications to the manner in which traffic is to be handled during construction. Our work efforts related to this task are as follows: JN 29886 Robert Bein, William Frost & Associates Contract Am-cement for Job NA&er 29886 EXHIBIT "A" SCOPE OF SERVICES (cont.) Page 2,of 3 The original contract dated October 15, 1993 proposed three (3) construction • stages for Seigment 2: Stage 1 Shift existing travel lanes to the west with reduced lane widths to maximize improvements on the east side. Stage 2 Shift travel lanes to the east side to complete ultimate travel lane improvements. Stage 3 Construct curbed median and final pavement. The original contract estimated 28 sheets for stage construction and 2 sheets for construction area signs for both Segment 1 and 2. During design of the Segment 2 three (3) stage construction it was determined that due to the change in vertical and horizontal alignments, the minimal travelway width for Stage 2 could not be achieved. Extensive analysis of existing and ultimate grades, alternate horizontal alignment and alternate construction methods were performed. The results of the analysis concluded that four (4) stages would be required, • along with single night total street closures: Stage 1 Shift existing travel lanes to the east to construct temporary pavement on the west side to maximize improvements to ultimate in Stage 2. Stage 2 Shift traffic to the west and construct minimum ultimate travel lanes for Stage 3 traffic handling. Stage 3 Shift all traffic to the east side using both ultimate and temporary pavement and construct the west side to ultimate condition. Stage 4 Temporary close of MacArthur Boulevard to construct small area pavement segments to ultimate condition that could not be achieved in Stage 3. Construct the curbed median, remove temporary pavement on the east side and construct the easterly parkway to ultimate condition. JN 29886 Robert Bein, William Frost & Associates Page 3 of 3 Contract Agreement for Job NoWLer 29886 J January 31, 1996 EXHIBIT "A" SCOPE OF SERVICES (cont.) • The Segment 1 construction required 23 sheets for stage construction and 1 sheet for construction area signs. The Segment 2 four (4) stage construction resulted in 17 sheets for stage construction and 4 sheets for construction area signs and detours. Therefor, a total of 40 sheets for stage construction and 5 sheets for construction area signs and detours were prepared for Segments 1 and 2, rather than the 28 sheets for stage construction and 2 sheets for construction area signs included in our original contract. The significant change in the number of sheets (additional /15 sheets) were primarily due to extreme change in vertical and horizontal alignment and the minimum travelway width required by Caltrans for both Segments 1 and 2. TASK 2.34 UTILITY PLANS Consultant has made revisions to the sewer plans at the request of the City of Newport Beach Utilities Department. These changes included a complete reconstruction and realignment of the sewer line that crosses MacArthur Boulevard through the Wildlife Crossing. These changes were requested subsequent to completion of the sewer plan and the changes have been completed. • TASK 2.36 RETAINING WALL PLANS Consultant has completed changes to the retaining wall plans to accommodate changes resulting from requests from the City of Newport Beach and field conditions. These revisions included wall layout (plan and elevation) and changes to the wingwalls for the wildlife crossing resulting from comments received from the City utilities department regarding access to and from the area in which the sewer line is to be reconstructed. TASK 2.41 MEETING ATTENDANCE Consultant has expended the budget that was established for attendance at various project meetings. As a result of the delays associated in taking the Project to Bid and Award an addition allowance will be required to complete this task. For budgetary purposes, an additional allowance of 120 manhours is requested of which 80 manhours has been expended as of February 1, 1996. TASK 2.42 PROGRESS REPORT, PROJECT MANAGEMENT AND PROJECT COORDINATION Consultant has expended the budget that was established for • projectcoordination and management. For budgetary purposes, an additional allowance of eighty (80) manhours is requested of which forty (40) manhours has been expended as of February 1, 1996. JN 29886 �. !!. !!� | ! � �! , IT ;!� la 0 0 E 0 \�� !■■�����, ! | ■.�.■�.. -; ■|,[ -- �. �- ;_.._ ; §.�� ;.! � ■'•,`! !�Z § =`�; -_; -■ { || 2 j � � \ • 0 0 E 0