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HomeMy WebLinkAboutC-2886(B) - Pacific Coast Highway/Newport Boulevard Interchange Bridge (Arches)AMENDMENT NO. 3 TO COOPERATION AND REIMBURSEMENT AGREEMENT THIS AMENDMENT NO. 3 TO COOPERATION AND REIMBURSEMENT AGREEMENT is made this 21$t day of July 1999, by and between: AND ORANGE COUNTY SANITATION DISTRICT (hereinafter referred to as "District') CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City ") RECITALS: WHEREAS, District and City have entered into a COOPERATION AND REIMBURSEMENT AGREEMENT which was executed on the 18th day of December, 1996, at Fountain Valley, California; and WHEREAS, District and City have also entered into Amendment Nos. 1 and 2 to COOPERATION AND REIMBURSEMENT AGREEMENT on June 8,1998; and June 24, 1998, respectively; and WHEREAS, District desires to make additional improvements to its force main system as a part of City's additional improvement plans; and WHEREAS; District and City desire to further amend their respective obligations and the scope of improvements covered by the COOPERATION AND REIMBURSEMENT AGREEMENT and Amendment Nos. 1 and 2 so as to accommodate the improvements to the force main system; and NOW, THEREFORE, BE IT RESOLVED between District and City as follows: Section 1.(b) Elements of Agreement shall be amended to include the following: (b) Additional District facilities shall be constructed in connection with Project to include (xi) construction of a blow off manhole with piping and connect to an existing gravity sewer along the south side of Pacific Coast Highway, and (xii) other items as described in Contract Change Order Nos. 2, 12, 2451, 24S2, 24S3, and 2454. r y • Section 2 City's Specific Obligations shall be amended to include the following: City shall: (a) Contract for construction of a blow off manhole with piping and other items as described and as set forth in Section 1(b) of this Amendment No. 3. Section 3 District's Specific Obligations shall be amended to include the following: District shall: (a) Provide inspection services with respect to the design and construction of a blow off manhole with piping and other items as described and as set forth in Section 1(b) of this Amendment No. 3. (b) Reimburse City for the construction costs associated with the construction of a blow off manhole with piping and other items as described and as set forth in Section 1(b) of this Amendment No. 3 as estimated below: Construction costs: $257,648.00 Section 5.(b) Timing of Reimbursement shall be amended to include the following: (b) District shall also pay a deposit to City in the amount of Two Hundred Fifty Seven Thousand Six Hundred Forty Eight Dollars ($257,648.00) or an amount equal to the sum of costs for construction, of a blow off manhole with piping and other items whichever is less. Such additional deposit shall be paid within thirty (30) days after District's receipt of City's invoice for the deposit amount. All other terms, provisions, and conditions set forth in the COOPERATION AND REIMBURSEMENT AGREEMENT dated December 18, 1996, and in Amendment Nos. 1 and 2 shall remain unchanged and shall continue to be in full force and effect. Executed A °� ��� day of 1999, at Fountain Valley, California. U' "DISTRICT" ORANGE COUNTY SANITATION DISTRICT By: _ r Chairman, Board of D� ectors By: Secretaryoloard o If9 irectors APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By: "CITY" CITY OF NEWPORT BEACH 0 City Clerk APROVED AS TO FORM: By: City Attorney / �� 4� Dennis D. O'Neil, Mayor H;\wp.dta \eng\DISTRICTS\Forms \COOPERATION REIMBURSEMENT AGREEMENT.doc AMENDMENT NO. 1 TO COOPERATION AND REIMBURSEMENT AGREEMENT THIS AMENDMENT NO. 1 TO COOPERATION AND REIMBURSEMENT AGREEMENT, is made and entered into, to be effective this:: day of 1998, by and between: AND COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, hereinafter referred to as "District "; CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ". RECITALS WHEREAS, District and City have previously executed a Cooperation and Reimbursement Agreement on the 12th day of March, 1997, at Fountain Valley, California; and WHEREAS, District and City have previously executed an Easement Agreement on the 25th day of February, 1998, at Fountain Valley, California. NOW, THEREFORE, the parties hereto agree as follows: Section 1: Section 2 of the Cooperation and Reimbursement Agreement is hereby amended to read as follows: 1 • • "Section 2: City's Specific Obliqations. City shall: (a) contract for design services for the design of the New Pump Station, extension of force main and gravity sewer systems and demolition of existing Lido Pump Station. The firm of Moffitt & Nichol Engineers (hereinafter referred to as "Consultant ") shall be retained for this purpose through an amendment to their existing Consultant Agreement with City which covers final design of City's Project. City shall present the draft design plans for the New Pump Station, extension of force main and gravity sewer systems and the demolition of the existing Lido Pump Station to District for review and approval prior to finalization of the design by Consultant; (b) process an Environmental Agreement with Chevron which will require Chevron to assume all expenses required for site remediation resulting from existing soils and water contamination associated with the Project Site; (c) reimburse District the sum of One Hundred Seventy -Nine Thousand ($179,000.00) Dollars as City's contribution to the costs of construction of the New Pump Station. This contribution equals the estimated costs of constructing 2 modifications to the existing Lido Pump Station arising from City's Project in lieu of constructing a New Pump Station; (d) grant an easement to District at the Project Site for the purpose of constructing and maintaining the New Pump Station and sewer mains on the Project Site; (e) reimburse District the sum of One Hundred Twelve Thousand Two Hundred ($112,200.00) Dollars as City's contribution for the cost of the local City sewers, sewer rehabilitation, manholes, traffic control, and appurtenances that are to be built by District in connection with constructing the New Pump Station on the Project Site. City will be responsible for the maintenance of its local sewers and appurtenances constructed by District upon completion of the new Pump Station." Section 2: Section 3 of the Cooperation and Reimbursement Agreement is hereby amended to read as follows: "Section 3: District's Specific Obligations. District shall: (a) pay to City Seventy -Eight Thousand Eight Hundred Eighty- Six ($78,886.00) Dollars for the purchase of an easement to construct and maintain the New Pump Station and sewer mains on the Project Site per the Easement Agreement; C] (b) provide plan check services with respect to constructing the New Pump Station, extending the force main and gravity sewer systems, and demolishing the existing Lido Pump Station; (c) reimburse City for costs of design of the New Pump Station and extension of the force main and gravity sewer systems and demolition of existing Lido Pump Station, for a final total design ($233,400.00) and construction support services ($45,000.00) cost of Two Hundred Seventy -Eight Thousand Four Hundred ($278,400.00) Dollars; (d) assume responsibility for letting and administering a construction contract for the construction of the New Pump Station, extension of force main and gravity sewer systems, and demolishing the existing Lido Pump Station; (e) assume responsibility for construction of new City sewers, sewer rehabilitation, manholes, traffic control, and appurtenances relating to the construction of the New Pump Station on the Project Site, all as shown on the Plans and Specifications for the Permitted Improvements; (f) obtain all necessary permits for the construction of its facilities, except any applicable coastal permits, for which City assumes responsibility." r T Section 4: All the terms and provisions contained in said Cooperation and Reimbursement Agreement, except as may be modified, shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to Agreement on the day and year indicated below. Dated: APPROVED AS TO FORM: COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA Dated: ATTEST City Clerk AP E S TO FORM: j City Attorney TLW :pj:R :Ml9196:62243 y CITY OF NEWPORT BEACH, a municipal corporati t By ^ Mayor 5 C' of Newport Beach BUDGET AMENDMENT 1998 -99 C' L NO. BA- 027 AMOUNT: 512,200.00 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No effect on Budgetary Fund Balance I from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer $112,200 from the Sewer Pump Station Master Plan to the Sewer Main Master Plan for sewer mains at Newport Boulevard and Short Street. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description General Fund 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) APPROVED' Description Division Number 7532 Sewer Pump Station Improvement Program Account Number C5600100 Sewer Pump Station Master Plan $112,200.00 Division Number 7532 Sewer Pump Station Improvement Program Account Number C5600292 Sewer Main Master Plan Improvement $112,200.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: Signed: S'-,ed: City Council Approval: City Clerk Date Date Date lu a" • 1 j, December 14, 1998 CITY COUNCIL AGENDA _ ITEM NO. 12 Al-'C i:i''J L j SUPPLEMENTAL REPORT TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: REVISED AMENDMENT TO CSDOC COOPERATIVE AGREEMENT FOR LIDO PUMP STATION (ARCHES) - CONTRACT NO. 2886 Council Member Adams requested additional information on this item related to the overall cost to the City for the modifications to city facilities. The Revised Amendment No. 1 to the CSDOC Agreement provides for the City to reimburse them 5112,200 for work being done to two City sewer lines. The amendment also changes the amount that CSDOC will pay for an easement to construct their pump station from 556,300 to 578,886. The change in easement cost was not mentioned in the City Council Memo and is due to a change in the amount of land being used by CSDOC. The City approved an Easement Agreement in February 1998, which increased the easement fee by 522,586 to 578,886. The total increased cost to the City resulting from Amendment No. 1 is 5112,200 - 522,586, which totals 589,614. Respectfully su . ' ed, PUBLIC WORKS DEPARTMENT Don Webb, Director i • • December 14, 1998 CITY COUNCIL AGENDA ITEM NO. 12 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT" tiiLrED SUBJECT: REVISED AMENDMENT TO CSDOC COOPERATIVE AGREEMENT FOR LIDO PUMP STATION (ARCHES) - CONTRACT NO. 2886 RECOMMENDATIONS: 1. Approve Revised Amendment No. 1 to the Cooperation and Reimbursement Agreement with the County Sanitation Districts of Orange County relative to design of the Lido Sewage Pump Station replacement; and authorize the Mayor and City Clerk to execute the Amendment. 2. Authorize a budget amendment to transfer $112,200 from the Sewer Pump Station Master Plan (Account No. 7532- C5600100), to the Sewer Main Master Plan Improvement (Account No. 7532- C5600292), for sewer mains at the intersection of Newport Boulevard with Via Lido and Short Street. 3. Authorize the staff to apply for matching funds from the County Sanitation Districts to repair and reconstruct sewer lines that are impacted by infiltration of groundwater. DISCUSSION: Background On February 26, 1997, the City entered into a Cooperation and Reimbursement Agreement with District No. 5 of the County Sanitation Districts of Orange County ( CSDOC), which provided for the City's design consultant for the "Arches" Interchange project to also prepare plans and specifications for the Lido Sewage Pump Station replacement. Correspondingly, the Agreement provided for CSDOC to reimburse the City for the costs paid to the project design consultant Moffatt & Nichol Engineers. On June 8, 1998, the City Council approved Amendment No. 1 to the Cooperation and Reimbursement Agreement increasing the reimbursement amount by $100,000 to cover additional design costs paid to Moffatt & Nichol Engineers by the City. The Amendment was signed on behalf of the City and forwarded to CSDOC for consideration by the District No. 5 Board of Directors at their regularly scheduled meeting on June 24, 1998. During preparation of the Agenda Report for this item, CSDOC staff decided to incorporate another reimbursement item relative to the Lido Pump station Replacement rather than handle it in a separate, second amendment. A revised Amendment No. 1 was prepared and approved by the District No. 5 Board of Directors on June 24, 1998. This revised Amendment No. 1 is now presented to the City Council fer approval to take SUBJECT: REVISED A4MENT TO CSDOC COOPERATIVE AGREEMEN& LIDO PUMP STATION (ARCHES) - CONTRACT NO. 2886 December 14, 1998 Page 2 the place of the Amendment No. 1 approved on June 8, 1998. City staff delayed • bringing this item to the City Council in anticipation of CSDOC implementing a program to share the cost of replacing deteriorated sewer mains similar to the conditions in this situation. This program has been implemented and applications from Cities are due by December 31, 1998. Newport Beach will apply for funds ($66,000) to pay for half of the cost of the City work being done by CSDOC with the Lido Pump Station. The City will also apply for 50% funding for replacement and lining of sewer lines on the Peninsula and West Newport. CSDOC will review applications for this new program in January and February and approve projects for funding in March. Revised Amendment No. 1 The provisions for reimbursement by CSDOC to the City of the $100,000 for additional design costs are unchanged from Amendment No. 1 as approved by the City Council on June 8, 1998. The revised Amendment No. 1 as approved by CSDOC includes provisions for reimbursement of $112,200 by the City to CSDOC. The $112,200 reimbursement amount covers construction of new sewer mains and manholes and installing a lining in an existing sewer main in the vicinity of the Newport Boulevard, Via Lido, and Short Street intersection. These improvements are being made to City owned facilities and have been included in the plans for the Lido Pump Station Replacement contract because they are an integral part of the pump station construction work. Therefore, CSDOC agrees to have the pump station contractor, Advanco Constructors, complete these City sewer system improvements provided that the City agrees to reimburse CSDOC for such costs. The construction work related to the City's sewer system improvements are separate bid items in Advanco's contract with CSDOC. The total cost of these bid items is $112,200 thereby establishing the reimbursement amount. The high bid prices reflect the increased costs associated with working below the ground water level and under heavy traffic conditions. Staff recommends that the sewer improvements be completed and that reimbursement to CSDOC be authorized in accordance with the provisions contained in the revised Amendment No. 1 (a copy is attached for reference). CSDOC has informed the City staff that a program has been implemeted whereby the Sanitation Districts will share in the cost of replacing old, leaking sewer mains as an incentive to local sewering agencies to eliminate the infiltration of ground water in low - lying areas such as the Balboa Peninsula. Handling the infiltrated ground water places an unnecessary burden on CSDOC pumping and treatment facilities. The City will submit a request to CSDOC for the sewer improvement involved in Amendment No. 1 and will continue to monitor the progress of the proposed program. We understand that the cost sharing ratio may be as much as 50 %. The CSDOC staff has indicated that this project will have to compete with the other applications submitted. We feel that this project will compete well, • 1:\ users \pbw\ Shared\ council \"8- 99 \dec- 14 \csdoo -1.doc 0 0 SUBJECT: REVISED AMEIWNT TO CSDOC COOPERATIVE AGREEMENT *IDO PUMP STATION (ARCHES) - CONTRACT NO. 2886 December 14, 1998 Page 3 Funding In the absence of an adopted cost sharing program, funds to cover the reimbursement to CSDOC can be made available by authorizing a budget amendment to transfer $112,200 from the Sewer Pump Station Master Plan project (Account No. 7532 - 05600100), to the Sewer Main Master Plan Improvement Program (Account No. 7532 - 05600292). Staff recommends such authorization. Respectfully sub Itted, t � PU6LIC WORKS DEPARTMENT Don Webb, Director / /Gail Pickart Project Management Consultant Attachments: CSDOC Amendment No. 1 (Revised) f: \users \pbw \sha red \co u ncil \fy98- 99 \dec -14 \csdoc -1.doc ti F� 9y NEWPORT CHANNEL NOT TO SCALE Q sy 4�i Q ST EXISTING LIDO PUMP STATION I � 0 m / NEW LIDO d ip PUMP STATION Z 0 0 0 FINLEY A 0 Gp0 9� LEGEND EXISTING SEWER MAIN SEWER MAIN IMPROVEMENTS (COST TO BE REIMBURSED TO CSDOC) - - - - - -- -SEWER MAIN IMPROVEMENTS (COST TO BE PAID BY CSDOC) LIDO SEWAGE PUMP STATION REPLACEMENT EXHIBIT AMENDMENT NO. 1 TO COOPERATION AND REIMBURSEMENT AGREEMENT THIS AMENDMENT NO. 1 TO COOPERATION AND REIMBURSEMENT AGREEMENT, is made and entered into, to be effective this ?eay of , 1998, by and between: AND COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, hereinafter referred to as "District "; CITY OF NEWPORT BEACH, a municipal corporEtion, hereinafter referred to as "City". 0 RECITALS WHEREAS, District and City have previously executed a Cooperation and Reimbursement Agreement on the 12th day of March, 1997, at Fountain Valley, California; and WHEREAS, District and City have previously executed an Easement Agreement on the 25th day of February, 1998, at Fountain Valley, California. NOW, THEREFORE, the parties hereto agree as follows: Section 1: Section 2 of the Cooperation and Reimbursement Agreement is hereby amended to read as follows: 0 1 0 9 "Section 2: City's Specific Obligations. City shall: (a) contract for design services for the design of the New Pump Station, extension of force main and gravity sewer systems and demolition of existing Lido Pump Station. The firm of Moffitt & Nichol Engineers (hereinafter referred to as "Consultant ") shall be retained for this purpose through an amendment to their existing Consultant Agreement with City which covers final design of City's Project. City shall present the draft design plans for the New Pump Station, extension of force main and gravity sewer systems and the demolition of the existing Lido Pump Station to District for review and approval prior to finalization of the design by Consultant; (b) process an Environmental Agreement with Chevron which will require Chevron to assume all expenses required for site remediation resulting from existing soils and water contamination associated with the Project Site; (c) reimburse District the sum of One Hundred Seventy -Nine Thousand ($179,000.00) Dollars as City's contribution to the costs of construction of the New Pump Station. This contribution equals the estimated costs of constructing 40 2 0 • 0 modifications to the existing Lido Pump Station arising from 0 City's Project in lieu of constructing a New Pump Station; (d) grant an easement to District at the Project Site for the purpose of constructing and maintaining the New Pump Station and sewer mains on the Project Site; (e) reimburse District the sum of One Hundred Twelve Thousand Two Hundred ($112,200.00) Dollars as City's contribution for the cost of the local City sewers, sewer rehabilitation, manholes, traffic control, and appurtenances that are to be built by District in connection with constructing the New Pump Station on the Project Site. City will be responsible for the maintenance of its local sewers and appurtenances constructed by District upon completion of the new Pump Station." Section 2: Section 3 of the Cooperation and Reimbursement Agreement is hereby amended to read as follows: "Section 3: District's Specific Obligations. District shall: (a) pay to City Seventy -Eight Thousand Eight Hundred Eighty- Six ($78,886.00) Dollars for the purchase of an easement to construct and maintain the New Pump Station and sewer mains on the Project Site per the Easement Agreement; 0 3 • • (b) provide plan check services with respect to constructing the New Pump Station, extending the force main and gravity sewer systems, and demolishing the existing Lido Pump Station; (c) reimburse City for costs of design of the New Pump Station and extension of the force main and gravity sewer systems and demolition of existing Lido Pump Station, for a final total design ($233,400.00) and construction support services ($45,000.00) cost of Two Hundred Seventy -Eight Thousand Four Hundred ($278,400.00) Dollars; (d) assume responsibility for letting and administering a construction contract for the construction of the New Pump • Station, extension of force main and gravity sewer systems, and demolishing the existing Lido Pump Station; (e) assume responsibility for construction of new City sewers, sewer rehabilitation, manholes, traffic control, and appurtenances relating to the construction of the New Pump Station on the Project Site, all as shown on the Plans and Specifications for the Permitted Improvements; (f) obtain all necessary permits for the construction of its facilities, except any applicable coastal permits, for which City assumes responsibility.' Eli • 0 Section 4: All the terms and provisions contained in said Cooperation and Reimbursement Agreement, except as may be modified, shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to Agreement on the day and year indicated below. Dated: % -/- /CO APPROVED AS TO FORM: THOMAS/+. WOODRUFF GENEW COUNSEL n COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA CITY OF NEWPORT BEACH, a municipal corporation Dated: By. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney TLW:pj:R:06/19/96:62243 Mayor w5 COOPERATION AND REIMBURSEMENT AGREEMENT THIS COOPERATION AND REIMBURSEMENT AGREEMENT is made this day of 1997, by and between: COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA (hereinafter referred to as "District ") AND CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City"). RECITALS: WHEREAS, City is proposing to purchase the property at 3531 Newport Boulevard along the southwest corner of Newport Boulevard and Short Street within the City of Newport Beach (hereinafter referred to as "Project Site "); and 0 WHEREAS, City is proposing to widen Newport Boulevard between Short Street to the south to a location north of Pacific Coast Highway (hereinafter referred to as "City's Project"); and; WHEREAS, said widening improvements will impact existing District Facilities, including the Lido Pump Station located at the northwest_ corner of Newport Boulevard and Short Street; and; WHEREAS, District desires to relocate its Lido Pump Station to the property at 3531 Newport Boulevard (hereinafter referred to as "New Pump Station "); and WHEREAS, City is proposing to construct a park at 3531 Newport Boulevard. NOW, THEREFORE, BE IT RESOLVED between City and District as follows: 2000-00020 192269226 _5 JRS:cjs:122197 0 0 0 Section 1. Elements of Agreement. City and District shall work cooperatively together so that City can meet its award of contract deadline for the City's Project prior to July I, 1997. City will grant an easement to District to enable District to locate District's New Pump Station at the Project Site. The site plan, attached as Exhibit "A" and incorporated herein by reference, depicts the approximate locations of District's existing Lido Pump Station and New Pump Station. The specific terms and conditions governing the elements of this Agreement are set forth hereinafter. Section 2. City's Specific Obligations. City shall: (a) contract for design services for the design of the New Pump Station, extension of force main and gravity sewer systems and demolition of existing Lido Pump Station. The firm of Moffitt & Nichol Engineers (hereinafter referred to as "Consultant ") shall be retained for this purpose through an amendment to their existing Consultant Agreement with City which covers final design of City's Project. City shall present the draft design plans for the New Pump Station, extension of force main and gravity sewer systems and the demolition of the existing Lido Pump Station to District for review and approval prior to finalization of the design by Consultant; (b) process an Environmental Agreement with Chevron which will require Chevron to assume all expenses required for site remediation resulting from existing soils and water contamination associated with the Project Site; 2000 -00020 • 39226 -5 JRS:c13:1R2J97 -2- (c) reimburse the District the sum of One Hundred Seventy -nine Thousand • Dollars ($179,000.00) as City's contribution to the costs of construction of the New Pump Station. This contribution equals the estimated costs of constructing modifications to the existing Lido Pump Station arising from City's Project in lieu of constructing a New Pump Station; (d) grant an easement to District at the Project Site for the purpose of constructing and maintaining the New Pump Station and sewer mains on the Project Site. Section 3. District's Specific Obligations. District shall: (a) pay to City Fifty -Six Thousand Three Hundred Dollars ($56,300.00) for purchase of an easement to construct and maintain the New Pump Station and sewer mains on the Project Site; (b) provide plan check services with respect to constructing the New Pump Station, extending the force main and gravity sewer systems, and demolishing the existing Lido Pump Station; (c) reimburse City for costs of the design of the New Pump Station and extension of force main and gravity sewer systems and demolition of existing Lido Pump Station, including addenda approved by District (estimated at One Hundred Seventy -two Thousand One Hundred Dollars ($172,100.00)); (d) assume responsibility for letting and administering a construction contract for the construction of the New Pump Station, extension of force main and 39226 5 JRS:c�s:lr2n7 -3- 0 gravity sewer systems, and demolishing the existing Lido Pump Station; (e) obtain all necessary permits for the construction of its facilities, except any applicable coastal permits, for which City assumes responsibility. Section 4. Change Orders and Design Addendums. City and District in their respective obligations shall be given the opportunity to review and approve all design addenda and construction change orders issued by either Party pertaining to the work. Section 5. Timing of Reimbursement. When all work is completed, an accounting shall be performed by both Parties to determine the net amount owed by the respective Parties, if any, in executing their obligations under this Agreement. Upon completion of the accounting, an invoice shall be submitted to the applicable Party for the remaining amount due, if any, which said amount shall be paid within forty -five (45) days of billing. Section 6. Environmental Documentation. City shall be responsible for compliance with the California Environmental Quality Act ( "CEQA') as to all construction activity described in this Agreement. Section 7. Hold Harmless. District shall defend and hold City, its elected and appointed officials, harmless from any and all claims, damages or demands arising out of District's performance of its obligations under this Agreement. City shall defend and hold District, its elected and appointed officials, harmless from any and all claims, damages or demands arising out of City's performance of its obligations 39226 5 39226_5 JRS:cj5:122/97 -4- under this Agreement. Section 8. Insurance. Each Party shall require the construction contractor for its construction activity to maintain a policy of public liability insurance for personal injury and property damage, including motor vehicle operators, during all times of the contract in the amounts consistent with that Party's established policies for construction agreements. Such policies shall name the other applicable Party, its officers and employees and agents as additional insured thereon. Section 9. Term. The term of this Agreement shall be in full force and effect until the specified obligations of both Parties have been fulfilled or rescinded by both Parties. Section 10. Agents. 0 Any contractor or subcontractor performing work in connection with the work described herein on behalf of either Party shall be conclusively deemed to be the servant and agent of each respective Party employing said contractor or subcontractors hereof, acting on behalf and within the scope of such contractor and subcontractor employment for said Party. Section 11. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. 39226 5 . 39226_5 JRS:cjs:122197 -5- 0 To District: County Sanitation Districts of Orange County, California Attention: Ms. Penny Kyle Board Secretary 10844 Ellis Avenue Fountain Valley, CA 92708 -7018 To City: City of Newport Beach Attention: Lloyd Dalton, P.E. 3300 Newport Boulevard Newport Beach, CA 92663 Section 12. Dispute Resolution. Any dispute arising under this Agreement shall be resolved by binding arbitration through the Judicial Arbitration and Mediation Service ( "JAMS"). Attorneys' fees and legal costs incurred in a dispute resolution shall be borne by the respective Party. Section 13. Force Majeure. 0 Except for the payment of money, neither Party shall be liable for any delays or other non - performance resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third parties not within City's reasonable control or any law, order or requirement of any governmental agency or authority. Section 14. Governing Law, This Agreement shall be governed by the laws of the State of California in effect at the time of signing this Agreement. Section 15. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the 39226 5 WO- 5 JRS:cjs:122197 �— subject matter thereof. A waiver of a breach of the covenants, conditions or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. Alteration, change or modification of this Agreement shall be in the form of a written amendment which shall be signed by each Party. Executed this�day of 1997, at Fountain Valley, California. "DISTRICT' APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By ,,CITY, (Signatures Continued on Page 8) COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA NZ airy an, Board of Dir tors Board Secret ry CITY OF NEWPORT BEACH By ,! ayor 2000-20 39226 ]9226_5 JRScj5:122/97 -7- 0 • ATTEST: City Clerk APPROVED AS T FORM By City Attorney 2000-00020 39226_5 JRS:cjs:1R2J97 E:11 EXHIBIT "A" EXISTING FORCE MAIN ti PROPOSED FORCE MAIN / PER CITY OF NEWPORT / BEACH STREET IMPROVEMENT r PROJECT / 1 IXIST. ! r 1 I ly LIDO P.S. I r, I 11 PROPOSED EXTENSION 1 OF FORCE MAIN SYSTEM sy R st PROPOSED INFLUENT SEWER - PROJECT SITE - PROPOSED UNDERGROUND % LIDO PUMP STATION c6 is , PROPOSED LIDO PUMP STATION CONTROL ztT, ROOM i� ------ 15- n \ JI Il h it II !f h rl I � 1 ' Ir II I1 r /r li rl �l I I 9 NORTH 0 id 20' 30 <p `O 1 � / I t / I I I ! r 1 IJ / 1 I ly I I 11 I ' 1 r II J 1 I f ��• 11 3s r 1 0 JI Il h it II !f h rl I � 1 ' Ir II I1 r /r li rl �l I I 9 NORTH 0 id 20' 30 <p `O CO( of Newport Beach • NO. BA- 027 BUDGET AMENDMENT 1998 -99 AMOUNT: E1 X2,200.00 \IECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations �X No effect on Budgetary Fund Balance �X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer $112,200 from the Sewer Pump Station Master Plan to the Sewer Main Master Plan for sewer mains at Newport Boulevard and Short Street. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description General Fund 3605 Fund Balance Control ' REVENUE APPROPRIATIONS (3601) Fund /Division Account Description 0 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7532 Sewer Pump Station Improvement Program Account Number C5600100 Sewer Pump Station Master Plan $112,200.00 Division Number 7532 Sewer Pump Station Improvement Program Account Number C5600292 Sewer Main Master Plan Improvement $112,200.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry./ D, � Signed: A4&Ae' c. Financia pproval: Finance Direct Date Signed: �n iX�^ —_� /.2,d' — c Adnistrative Approval: miCity-Manager Date ed: City Council Approval: City Clerk Date �I AMENDMENT NO. 2 TO COOPERATION AND REIMBURSEMENT AGREEMENT THIS AMENDMENT NO. 2 TO COOPERATION AND REIMBURSEMENT AGREEMENT is made this �` day of kit 1998, by and between: AND COUNTY SANITATION DISTRICT NOS. 5 AND 6 OF ORANGE COUNTY, CALIFORNIA (hereinafter referred to as "District ") CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City ") RECITALS: WHEREAS, District and City have entered into a COOPERATION AND REIMBURSEMENT AGREEMENT which was executed on the 18' day of December, 1996, at Fountain Valley, California; and WHEREAS, District and City have also entered into Amendment No. 1 to COOPERATION AND REIMBURSEMENT AGREEMENT on June 24,1998; and WHEREAS, District desires to make additional improvements to its force main system as a part of City's additional improvement plans; and WHEREAS, District and City desire to further amend their respective obligations and the scope of improvements covered by the COOPERATION AND REIMBURSEMENT AGREEMENT and Amendment No. 1 so as to accommodate the improvements to the force main system; and NOW, THEREFORE, BE IT RESOLVED between District and City as follows Section 1.(b) Elements of Agreement shall be amended to include the following: (b) Additional District facilities shall be constructed and relocated in connection with Project to include (x) realigning District's existing 24" diameter gravity sewer main with manholes located on Newport Boulevard. Realignment is necessary because of a future State of California storm drain project. This sewer will run easterly along the new bridge widening project and connect to District's existing gravity sewer in Pacific Coast Highway. Additional District facilities shall be constructed per contract change order to Project. 1 F. 0 Section 2. City's Specific Obligations shall be amended to include the following: City shall: (a) Contract for design services related to the additional facilities set forth in Section 1 (b) of this Amendment No. 2. (b) Contract for construction and construction administration of the additional facilities set forth in Section 1 (b) of this Amendment No. 2. Section 3. District's Specific Obligations shall be amended to include the following: District shall: (a) Provide plan check and inspection services with respect to the design and construction of the additional facilities set forth in Section 1 (b) of this Amendment No. 2. (b) Reimburse City for the design and construction costs associated with the additional facilities set forth in Section 1 (b) of this Amendment No. 2 as estimated below: Design costs 46,794.00 Construction costs 702,866.00 Construction management 53,643.00 Total 803,303.00 Section 5.(b) Timing of Reimbursement shall be amended to include the following: (b) District shall also pay a deposit to City in the amount of Eight Hundred Three Thousand Three Hundred Three Dollars ($803,303.00) or an amount equal to the sum of costs for design, construction, construction management and City administration of District's additional facilities, whichever is less. Such additional deposit shall be paid within thirty (30) days after District's receipt of City's invoice for the deposit amount. All other terms, provisions, and conditions set forth in the COOPERATION AND REIMBURSEMENT AGREEMENT dated December 18, 1996, and in Amendment No. 1 shall remain unchanged and shall continue to be in full force and effect. Executed this 104- day of ` :� 1998, at Fountain Valley, 2 • • California. "DISTRICT" COUNTY SANITATION DISTRICT NOS. 5 OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM as L. WOODRUFF ^a COUNSEL APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL 0 ATTEST: City Clerk 0 0 COUNTY SANITATION DISTRICT NO. 6 OF O NGE COUNTY&_ALIFORNIA �g h man, Board of Dir to /i / r i Board Secd4tary 0 0 ff/ZJ/o APPRp,1 E,D AS TO FORM: .. City Attorney 3 Flgroups�pupworlcstagm119B�santi4ishitl2 .Gx CO( of Newport Beach 4j NO. BA- 020 BUDGET AMENDMENT 1998 -99 AMOUNT: Ssa,2zz.00 ECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations X No gY H i f GUNCIL CITY OF NEWPORT BEACH from existing budget appropriations X from additional estimated revenues from unappropriated fund balance I EXPLANATION: This budget amendment is requested to provide for the following: To adjust revenues and expenditures in the Contributions Fund in accordance with Amendment No. 2 to the Cooperation and Reimbursement Agreement with the Orange County Sanitation District for constructing sewer improvements with the Arches Interchange Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account General 3605 Description Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description 250 4858 Refunds & Rebates from Governments EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: P' -red: City Council Approval: City Clerk Amount Debit Credit $94,222.00 $94,222.00 D to Date Date Description Division Number 7251 Contribution Account Number C5100199 PCH /Newport Blvd Improvements Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: P' -red: City Council Approval: City Clerk Amount Debit Credit $94,222.00 $94,222.00 D to Date Date 'r+ - November 9, 1998 s • CITY COUNCIL AGENDA ITEM NO. 13 Supplemental Report TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT BOULEVARD AND COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 RECOMMENDATIONS: 1. Approve Amendment No. 2 to the Cooperation and Reimbursement Agreement with the County Sanitation Districts of Orange County for Constructing Sewer Improvements with the Arches Interchange Project; and authorize the Mayor and City Clerk to execute Amendment No. 2. 2. Authorize a budget amendment to adjust revenue to the Contribution Fund in the amount of $94,222.00 and appropriate the same amount in Account No. 7251 - 05100199. DISCUSSION • The staff report prepared for this agenda item recommended approval of a budget amendment in the amount of $803,303. That amount inadvertently included $709,081, which was already covered by a budget amount approved by the City Council on June 23, 1997, at the same time that the construction contract for the Arches project was awarded to Brutoco Engineering and Construction. The budget amendment of $94,222 now recommended for approval combined with the previous $709,081 budget amendment totals $803,303 which is the additional reimbursement amount covered by Amendment No. 2 to the Cooperation and Reimbursement Agreement with CSDOC. The $94,222 represents costs resulting from changes and additions to Brutoco's contract work that arose since construction began in September 1997. Respectfully sub it ed, PUBLIC W( /ORR,KS DEPARTMENT Don Webb, Director By. / d t,,Q • /Gall P+ckart, P.E. Project Management Consultant \ \mis_l\sys\ users \pbw\ shared\ council \fy98- 99 \nov- 9\archesoc d sup.doc C" of Newport Beach NO. BA- 020 BUDGET AMENDMENT 1998 -99 AMOUNT: $sa,z22.00 'ECT ON BUDGETARY FUND BALANCE: • Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations PX No effect on Budgetary Fund Balance from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To adjust revenues and expenditures in the Contributions Fund in accordance with Amendment No. 2 to the Cooperation and Reimbursement Agreement with the Orange County Sanitation District for constructing sewer improvements with the Arches Interchange Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account General 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Account 250 4858 EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Description Refunds & Rebates from Governments Amount Debit Credit $94,222.00 Division Number Account Number Automatic System Entry. $94,222.00 Signed: Financial Approval: Finance Director Date Signed: Administrative Approval: City Manager Date Si -ned: City Council Approval: City Clerk Date • • Description Division Number 7251 Contribution Account Number C5100199 PCH /Newport Blvd Improvements Division Number Account Number Division Number Account Number Division Number Account Number Amount Debit Credit $94,222.00 Division Number Account Number Automatic System Entry. $94,222.00 Signed: Financial Approval: Finance Director Date Signed: Administrative Approval: City Manager Date Si -ned: City Council Approval: City Clerk Date • • November 9, 1998 CITY COUNCIL AGENDA ITEM NO. 13 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL t FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT BOULEVARD AND COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 RECOMMENDATIONS: 1. Approve Amendment No. 2 to the Cooperation and Reimbursement Agreement with the County Sanitation Districts of Orange County for Constructing Sewer Improvements with the Arches Interchange Project; and authorize the Mayor and City Clerk to execute Amendment No. 2. 2. Authorize a budget amendment to adjust revenue to the Contribution Fund in the amount of $803,303 and appropriate the same amount in Account No. 7251 - 05100199. DISCUSSION: Background On December 9, 1996, the City Council approved a Cooperation and Reimbursement Agreement with County Sanitation District Nos. 5 and 6 of Orange County ( CSDOC) relative to the construction and relocation of certain sewer improvements in conjunction with the Arches Interchange project. The estimated design and construction costs to be reimbursed by CSDOC to the City under the Agreement were $370,000. The bid prices received for the sewer improvements exceeded the estimate by a considerable amount. The bid prices when combined with changes and additions during construction increases the reimbursement amount by $803,303 from $370,000 to $1,173,303. An amendment to the Cooperation and Reimbursement Agreement was initiated to document the increases in construction costs to be paid by the City and the corresponding reimbursement amounts from CSDOC. This document is now identified as Amendment No. 2 and a copy is attached for reference. In the meantime, the proposal to add the parallel storm drainage box culvert across Pacific Coast Highway and up Old Newport Boulevard was added to the Arches . Interchange project. The City Council approved several items relative to these additional storm drainage improvements on May 11, 1998, including an amendment to the Cooperation and Reimbursement Agreement with CSDOC for the cost of relocating SUBJECT: NEWPORT BOARD AND COAST HIGHWAY "ARCHES' WCHANGE IMPROVEMENTS - CONTRACT NO. 2886 November 9, 1998 Page 2 existing sewer lines to accommodate the box culvert installation. That Amendment was • identified as Amendment No. 1 and involved a reimbursement amount of $466,650 On June 24, 1998, the Boards of Directors for County Sanitation District Nos. 5 and 6 approved both amendments. Amendment No. 1 has been fully executed by all parties. However, Amendment No. 2 needs to be considered by the Newport Beach City Council. Staff recommends that the Mayor and City Clerk be authorized to sign the amendment on behalf of the City of Newport Beach. Funding The scope of the City's construction contract with Brutoco Engineering has expanded to cover CSDOC's sewer system work. Since the increased construction costs are paid by the City and then reimbursed by CSDOC staff recommends approval of a budget amendment to increase revenue to the Contribution Fund in the amount of $803,303, and then appropriate this amount to Account No. 7251- C5100199 for the overall Arches Interchange Improvements project. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Gail Pic kart, P. E. Project Management Consultant Attachment: Amendment No. 2 • f:\users\pbw\shared\oouncil\fy9B-99\nov-9\arches-ocsd.doc • • . AMENDMENT NO. 2 TO COOPERATION AND REIMBURSEMENT AGREEMENT THIS AMENDMENT NO. 2 TO COOPERATION AND REIMBURSEMENT AGREEMENT is made this day of !�61 -(, . 1998, by and between: AND COUNTY SANITATION DISTRICT NOS. 5 AND 6 OF ORANGE COUNTY, CALIFORNIA (hereinafter referred to as "District ") CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City ") RECITALS: WHEREAS, District and City have entered into a COOPERATION AND REIMBURSEMENT AGREEMENT which was executed on the 18'h day of December, 1996, at Fountain Valley, California; and WHEREAS, District and City have also entered into Amendment No. 1 to COOPERATION AND REIMBURSEMENT AGREEMENT on June 24,1998; and WHEREAS, District desires to make additional improvements to its force main system as a part of City's additional improvement plans; and WHEREAS, District and City desire to further amend their respective obligations and the scope of improvements covered by the COOPERATION AND REIMBURSEMENT AGREEMENT and Amendment No. 1 so as to accommodate the improvements to the force main system; and NOW, THEREFORE, BE IT RESOLVED between District and City as follows: Section 1.(b) Elements of Agreement shall be amended to include the following: (b) Additional District facilities shall be constructed and relocated in connection with Project to include (x) realigning District's existing 24" diameter gravity sewer main with manholes located on Newport Boulevard. Realignment is necessary because of a future State of California storm drain project. This sewer will run easterly along the new bridge widening project and connect to District's existing gravity sewer in Pacific Coast Highway. Additional • District facilities shall be constructed per contract change order to Project. 1 0 a Section 2. City's Specific Obligations shall be amended to include the following: City shall: (a) Contract for design services related to the additional facilities set forth in Section 1 (b) of this Amendment No. 2. (b) Contract for construction and construction administration of the additional facilities set forth in Section 1 (b) of this Amendment No. 2. Section 3. District's Specific Obligations shall be amended to include the following: District shall: (a) Provide plan check and inspection services with respect to the design and construction of the additional facilities set forth in Section 1 (b) of this Amendment No. 2. (b) Reimburse City for the design and construction costs associated with the additional facilities set forth in Section 1 (b) of this Amendment No. 2 as estimated below: Design costs 46,794.00 Construction costs 702,866.00 Construction management 53,643.00 Total 803,303.00 Section 5.(b) Timing of Reimbursement shall be amended to include the following: (b) District shall also pay a deposit to City in the amount of Eight Hundred Three Thousand Three Hundred Three Dollars ($803,303.00) or an amount equal to the sum of costs for design, construction, construction management and City administration of District's additional facilities, whichever is less. Such additional deposit shall be paid within thirty (30) days after District's receipt of City's invoice for the deposit amount. All other terms, provisions, and conditions set forth in the COOPERATION AND REIMBURSEMENT AGREEMENT dated December 18, 1996, and in Amendment No. 1 shall remain unchanged and shall continue to be in full force and effect. Executed this la�- day of 1998, at Fountain Valley, 2 0 • California. KI 49 APPROVED AS TO FORM !r`.fAAS L. WOODRUFF RAL COUNSEL "DISTRICT" APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By: ATTEST: 7 COUNTY SANITATION DISTRICT NOS. 5 OF ORANGE COUNTY, CALIFORNIA By: COUNTY SANITATION DISTRICT NO. 6 OF O NGE COUNTY, CALIFORNIA h man, Board of Dir-1-tott By: °&II• U Board Sec tary "CITY" CITY OF NEWPORT BEACH Bv: City Clerk APPROVED AS TO FORM: By: City Attorney r u 3 Thomas C. Edwards, Mayor / dgrmpst pubvorkstagmt%986anli4islrict2 . tlx C of Newport Beach N0, BA- 020 • . BUDGET AMENDMENT 1998 -99 AMOUNT: $803,303.00 ECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance IIILLL���JJJIII Transfer Budget Appropriations PX No effect on Budgetary Fund Balance from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To adjust revenues and expenditures in the Contributions Fund in accordance with Amendment No. 2 to the Cooperation and Reimbursement Agreement with the Orange County Sanitation District for constructing sewer improvements with the Arches Interchange Project. ACCOUNTING ENTRY: Number Account Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description General 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description 250 4858 Refunds & Rebates from Governments $803,303.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contribution Account Number C5100199 PCH /Newport Blvd Improvements $803,303.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic Signed Signed: ��i�,�t o ( V -< /O' Koministrative Approval: City Manager Date ad: City Council Approval: City Clerk Date • • AMENDMENT NO. 1 TO COOPERATION AND REIMBURSEMENT AGREEMENT ��!! THIS COOPERATION AND REIMBURSEMENT AGREEMENT is made this I ( day of 1998, by and between: COUNTY SANITATION DISTRICT NOS. 5 AND 6 OF ORANGE COUNTY, CALIFORNIA (hereinafter referred to as "District ") .ms CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City') RECITALS: WHEREAS, District and City have previously entered into a COOPERATION AND REIMBURSEMENT AGREEMENT which was executed on the 18' day of December, 1996, at Fountain Valley, California; and WHEREAS, City now intends to expand the scope of its project to include an additional reinforced concrete box storm drain culvert across Coast Highway easterly of Newport Boulevard which alignment conflicts with existing District facilities; and WHEREAS, District desires to make certain improvements to its force main system as a part of City's additional improvement plans; and WHEREAS, District and City desire to amend their respective obligations and the scope of improvements covered by the COOPERATION AND REIMBURSEMENT AGREEMENT so as to accommodate the additional storm drain construction;and WHEREAS, Section 16 of the COOPERATION AND REIMBURSEMENT AGREEMENT authorizes the parties herein to enter into a written amendment to the Agreement. NOW, THEREFORE, BE IT RESOLVED between City and District as follows: Section 1.(b) Elements of Agreement shall be amended to include the following: (b) Additional District facilities shall be constructed in connection with the City's project to include: (vi) reconstruction of a segment of an existing 24" diameter sewer force main designated as No. 5 -8R and located in the southeasterly quadrant of the Newport Boulevard and Coast Highway interchange, (vii) replacement of an existing gravity sewer main and siphon designated as No. 5 -29 situated along the southerly side of Coast Highway at the Old Newport Boulevard intersection with a new gravity sewer main and siphon along the northerly side of Coast Highway across Old Newport 1 0 0 Boulevard, (viii) increase the diameter from 24" to 27" for the portion of the gravity sewer main described in Section 1 (b)(iii) that crosses Coast Highway, and (ix) replace, install, and adjust sewer manholes and other appurtenances as shown on the final design plans. Section 2. City's Specific Obligations shall be amended to include the following: City shall: (a) Contract for design services related to the additional facilities set forth in Section 1 (b) of this Amendment No. 1. (b) Contract for construction and construction administration of the additional facilities set forth in Section 1 (b) of this Amendment No. 1. Section 3. District's Specific Obligations shall be amended to include the following: District shall: (a) Provide plan check and inspection services with respect to the design and construction of the additional facilities set forth in Section 1 (b) of this Amendment No. 1. (b) Reimburse City for the design and construction costs associated with the additional facilities set forth in Section 1 (b) of this Amendment No. 1 as estimated below: Design costs 22,500.00 Construction costs 423,000.00 Construction management 21.150.00 Total 466.650.00 Section 5.(b) Timing of Reimbursement shall be amended to include the following: (b) District shall also pay a deposit to the City in the amount of Four Hundred Sixty Six Thousand Six Hundred Fifty Dollars ($466,650.00) or an amount equal to the amounts bid for design, construction and construction management of District's additional facilities, whichever is less. Such additional deposit shall be paid within thirty (30) days after the District approves the contract change orders for the work, or thirty (30) days after receipt of City's invoice for the deposit amount, whichever is later. All other terms, provisions, and conditions set forth in the COOPERATION AND REIMBURSEMENT AGREEMENT dated December 18, 1996, shall remain unchanged and shall continue to be in full force and effect. i • Executed this _ day of �Q —, 1998, at Fountain Valley, California. "DISTRICT' COUNTY SANITATION DISTRICT NOS. 5 OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM THOMAS L. WOODRUFF GENERAL COUNSEL APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL m ATTEST: City Clerk By: Ch it an, Board Of By: ,it' tllll Board Secr ry COUNTY SANITATION DISTRICT NO. 6 OF ORANGE COUNTY, CALIFORNIA By*irman, Bo ard of V ctors By: o �/ Board Secre ry "CITY" CITY OF N DR BEACH By: Th as C. dward , Mayor APPROVED AS/T0 FORM: By: City Attorney 3 f.lgmpsyuCUak gm*ff sa wisviq. Cit6of Newport Beach ' NO. BA- 071 BUDGET AMENDMENT 1997 -98 AMOUNT: $100,000.00 cFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations PX No effect on Budgetary Fund Balance from existing budget appropriations CITY OF NEWPORT BE X from additional estimated revenues from unappropriated fund balance =IN EXPLANATION: A nnnnvrr This budget amendment is requested to provide for the following: To compensate Moffatt and Nichol Engineers for the Lido Sewage Pump Station replacement design. The City will receive future reimbursement from the Orange County Sanitation Districts in the same amount. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Accoun Description 010 3605 Fund Balance Control .lEVENUEAPPROPRIATIONS (3601) Amount Debit Credit Fund /Division Accoun Description 250 4858 Refunds & Rebates - From Govts. $100,000.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contribution Account Number C5100199 PCH /Newport Blvd. Improvements Division Number Account Number Division Number Account Number Division Number Account Number Automatic Signed: igned Admk trativjfApgfoval: City Manager Signed: In �LCT fGtJLQ� City Council Approval: City Clerk $100,000.00 G —/-7z Date 6 -/ -9r� Date Date • June 8,1998 CITY COUNCIL AGENDA ITEM NO. 16 AP i R ily ED iht�ix' vui�;v f- �5'CGrcll TO: MAYOR AND MEMBERS OF THE CITY COUNCIL N (ti�N�1� ire FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ADDENDUM TO CSDOC COOPERATIVE AGREEMENT FOR LIDO PUMP STATION (ARCHES) — CONTRACT NO. 2886 RECOMMENDATIONS: 1. Approve Addendum No. 1 to the Cooperation and Reimbursement Agreement with the County Sanitation Districts of Orange County relative to design of the Lido Sewage Pump Station replacement; and authorize the Mayor and City Clerk to execute the Addendum. 2. Approve Amendment No. 5 to the Consultant Agreement with Moffatt and Nichol . Engineers for final design of the Arches Interchange Improvements expanding the scope of services and increasing the compensation by $100,000.00 for design of the Lido Sewage Pump Station replacement. 3. Authorize a budget amendment to adjust revenue to the Contribution Fund in the amount of $100,000.00, and appropriate the same amount in account number 7251- C5100199. DISCUSSION: Background The original Consultant Agreement with Moffatt and Nichol Engineers covering final design of the "Arches" project included a scope of services to modify the existing Lido Sewage Pump Station at Short Street in order to accommodate widening along the westerly side of Newport Boulevard. After initial discussions with County Sanitation Districts of Orange County ( CSDOC) staff regarding modifications to the existing pump station, a determination was made to design and construct an entirely new, replacement facility on a corner of the former Chevron service station site at Newport Boulevard and Short Street, which the City has subsequently acquired for development as the Balboa Peninsula Gateway Park. A Cooperation and Reimbursement Agreement dated February 26, 1997, was entered . into by the City and County Sanitation District No. 5 relative to the replacement pump SUBJECT: AMENDMENT TO CSDOC COOPERTATIVE AGREEMENT Fo0 R LIDO ISLE PUMP STATION (ARCHES) June 8, 1998 Page 2 . station. The Agreement provided for the City to contract for design of the new station and District No. 5 to reimburse the City for such design costs. Construction of the pump station is to be handled entirely by District No. 5. In reliance on the Reimbursement Agreement with CSDOC, the City amended the final design contract with Moffatt and Nichols Engineers to include the new Lido Pump Station. Amendment No. 3 was approved by the City Council on February 10, 1997, and authorized additional compensation in the amount of $178,400.00 for the pump station design. Proposed Additional Amendments Increases and changes in the scope of the new Lido Sewage Pump Station design caused Moffatt and Nichol Engineers (M &NE) to substantially exceed the compensation authorized for the work. After negotiations among staff members representing CSDOC, M &NE, and the City of Newport Beach, an amount of $100,000.00 was established as justifiable compensation for the additional design work. In order to accommodate payment of the additional compensation to M &NE, both existing agreements that the City has with County Sanitation District No. 5, and with Moffatt and Nichol Engineers need to be amended. Amendment No. 5 to the Consultant Agreement, dated May 8, 1996, with Moffatt and Nichol Engineers recognizes the increased scope of pump station design work and authorizes the corresponding additional compensation of $100,000.00 to be paid. Similarly, Addendum No. 1 to the Cooperation and Reimbursement Agreement with County Sanitation District No. 5 establishes that the City will be reimbursed for the additional compensation paid to M &NE. Staff recommends that both Addendum No. 1 and Addendum No. 5 be approved and that the Mayor and City Clerk be authorized to sign each of them on behalf of the City. CSDOC staff is scheduling consideration of Cooperation and Reimbursement Agreement Addendum No. 1 at the June, 1998 meeting of the District No. 5 Board of Directors. Budget Amendments In order to make the funding provisions consistent with the amended Agreements, staff recommends approval of a budget amendment increasing the revenue projected for contributions fund 7251- C5100199 by $100,000.00 corresponding to the additional reimbursement from County Sanitation District No. 5. Similarly, staff recommends appropriation of the same $100,000.00 amount from account number 7251- C5100199 . to cover the additional compensation to be paid to Moffatt and Nichol Engineers. 1\dp\sysk Jroups\pubworks\ooundl\981une- Blpump.doe SUBJECT: AMENDMENT TfCSDOC COOPERTATIVE AGREEMENT FOR LIDO ISLE PUMP STATION (ARCHES) June 8, 1998 .Pagel Respectfull! y subte PUBLIC WORKS DEPARTMENT Don Webb, Director 0 By:. L Gail Pickart Project Manager Consultant Attachments: M &NE Amendment No. 5 CSDOC Addendum No. 1 Udplsys 'groups\pubworkskouncill98v une- B\pump.doc I 0 0 AMENDMENT NO. 5 TO CONSULTANT AGREEMENT FINAL DESIGN OF PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS This AMENDMENT NO. 5 to CONSULTANT AGREEMENT, made and entered into this day of 1998, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and Moffatt & Nichol Engineers, whose address is 3720 S. Susan Street, Suite 200; Santa Ana, CA 92704 (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On May 8, 1996, a consultant agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "CONSULTANT AGREEMENT". B. On December 9, 1996, AMENDMENT NOS. 1 & 2 to CONSULTANT AGREEMENT were entered into by and between CITY and CONSULTANT, hereinafter referred to as "AMENDMENT NOS. 1 & 2 ". C. On February 10, 1997, AMENDMENT NO. 3 to CONSULTANT AGREEMENT was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AMENDMENT NO. 3 ". D. On June 23, 1997, AMENDMENT NO. 4 to CONSULTANT AGREEMENT was entered into by and between CITY and CONSULTANT, hereinafter referred to as AMENDMENT NO. 4." E. CITY and CONSULTANT mutually desire to further amend CONSULTANT AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 0 0 1. The scope of services to be performed by CONSULTANT is expanded as set forth in CONSULTANT's proposal letter dated April 3, 1998, 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 as set forth in attached Exhibit "A" is $100,000.00, thereby increasing the not -to- exceed compensation amount from $1,447,797.00 to $1,547,797.00. 3. Except as expressly modified herein, all other provisions, terms, and convenants set forth in CONSULTANT AGREEMENT and AMENDMENT NOS. 1, 2, 3, & 4 shall remain the same and shall continue to be in full force and effect. IN WITNESS, WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 TO CONSULTANT AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: Thomas C. Edwards, Mayor CONSULTANT BY: Moffatt & Nichol Engineers 2 f:\ groups \pubworks\agmt \98 \moffat5.doc • • EXI91T A April 3, 1998 Mr. David A. Ludwin Director of Engineering County Sanitation Districts of Orange P O Box 8127 Fountain Valley, CA 92728 -8127 Subj: Lido Avenue Pump Station No. 3 Replacement ,dil® MOFFATT & NICH01m RECEIVED ENGINEERING DEPARTMENT APR 13 1998 COUNTY SANITATION DISTRICTS OF ORANGE COUNTY Request for Contract Amendment for Additional Engineering Services Rendered M &N No. 3795 -01 Dear Mr. Ludwin: This letter summarizes our correspondence, meetings and discussions concerning our request for a contract amendment for additional engineering services rendered by Moffatt & Nichol Engineers for the Lido Avenue Pump Station Project. As a result of our February 13, 1998 letter to the City of Newport Beach and meetings with you and the City on March 5 and March 31, 1998, we have mutually agreed that Moffatt & Nichol Engineers will be compensated $100,000 (One Hundred Thousand Dollars) for the additional engineering services rendered in completing all requested design work for the Lido Pump Station Project. The following table lists the categories in which additional work was performed and the associated costs to do the work: WORK CATEGORY Building Relocation $ 5,000.00. Other Changes (not listed below) 2,500.00 Influent Sewer System Redesign 10,000.00 Mechanical System Redesign 5,000.00 Specification Work (excluding Technical) 15,000.00 Electrical System Redesign 3,500.00 Preparation of P &ID Logic Diagrams 5,000.00 Modification of Electrical Controls 6,000.00 Preparation of Addenda 48,000.00 TOTAL $100,000.00 We also agreed that as stated in our existing contract with the City that construction support services for the project will be performed by Moffatt & Nichol Engineers on a time and material basis not -to- exceed $45,000.00 as previously contracted. We also agreed that Moffatt & Nichol Engineers maintain and provide detailed records of meeting minutes, review submittals, respond to RFI's, attend meetings as requested and invoice monthly for services rendered. _.^.O blest Wardl0%l Road. Lc:;r, Beach, C: -.Arr i ���7 O. EOS i �l JOG ! 12- -953� ^ i FaX C_I 424- -1? 0 County Sanitation Districtstorange Mr. David A. Ludwin April 3, 1998 Page Two 0 ,/„ In addition, at some time in the near term the Sanitation District would attempt to place Moffatt & Nichol Engineers under contract directly with the District for the performance of construction support services for the Lido Avenue Pump Station project. The District will forward a new Request for Proposal to Moffatt & Nichol Engineers for additional construction services. Should you have any additional questions, please give us a call. We look forward to working with you on this project through its construction and completion. Very truly yours, MOFFATT & NICHOL ENGINEERS Dennis . Drag, P ., P.E. Associ Vice esident DJD Jtc J: k1rr1dj&3795req.doc • c: L. Dalton/City of Newport Beach G. Pickart/City of Newport Beach ADDENDUM NO. 1 TO COOPERATION AND REIMBURSEMENT AGREEMENT THIS ADDENDUM NO. 1 TO COOPERATION AND REIMBURSEMENT AGREEMENT, is made and entered into, to be effective this _ day of 1998, by and between: COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, hereinafter referred to as "District; /_1. W CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as `City'. RECITALS WHEREAS, District and City have previously executed a Cooperation and • Reimbursement Agreement on the 12th day of March, 1997, at Fountain Valley, California; and WHEREAS, District and City have previously executed an Easement Agreement on the 25th day of February, 1998, at Fountain Valley, California. NOW, THEREFORE, the parties hereto agree as follows: Section 1: Section 3 of the Cooperation and Reimbursement Agreement is hereby amended to read as follows: 'Section 3: District's Specific Obligations. District shall: (a) pay to City Seventy-Eight Thousand Eight Hundred Eighty-Six ($78,886.00) Dollars for the purchase of an easement to • 1 0 construct and maintain the new pump station and sewer mains on the Project Site per the Easement Agreement; (b) provide plan check services with respect to constructing the new pump station, extending the force main and gravity sewer systems, and demolishing the existing Lido Pump Station; (c) reimburse City for costs of design of the new pump station and extension of the force main and gravity sewer systems and demolition of existing Lido Pump Station, for a final total design ($233,400.00) and construction support services ($45,000.00) cost of Two Hundred Seventy -Eight Thousand Four • Hundred ($278,400.00) Dollars; (d) assume responsibility for letting and administering a construction contract for the construction of the new pump station, extension of force main and gravity sewer systems, and demolishing the existing Lido Pump Station; (e) obtain all necessary permits for the construction of its facilities, except any applicable coastal permits, for which City assumes responsibility.' Section 2: All the terms and provisions contained in said Cooperation and Reimbursement Agreement, except as may be modified, shall continue in full force and effect. 2 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to Agreement on the day and year indicated below. COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA By Chairman, Board of Directors Dated: By Secretary, Board of Directors APPROVED AS TO FORM: THOMAS} WOODRUFF GENERAL/COUNSEL A CITY OF NEWPORT BEACH, a municipal corporation Dated: By. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney nw:q:D.04W a =43 Mayor K • Choof Newport Beach • NO. BA- 071 BUDGET AMENDMENT 4 1997 -98 AMOUNT: $1oo,aoo.00 WFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance tfLL��JJII Transfer Budget Appropriations X No effect on Budgetary Fund Balance from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To compensate Moffatt and Nichol Engineers for the Lido Sewage Pump Station replacement design. The City will receive future reimbursement from the Orange County Sanitation Districts in the same amount. ACCOUNTING ENTRY: Amount BUDGETARYFUND BALANCE Debit Credit Fund Account Description 010 3605 Fund Balance Control VENUEAPPROPRIATIONS (3601) Fund /Division Account Description 250 4858 Refunds & Rebates - From Govts. $100,000.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contribution Account Number C5100199 PCH /Newport Blvd. Improvements $100,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: —1-97 Firkincial Ap�prova�l: Finance Director Date Qed: Ad trativ Ap oval: City Manager Date Signed: City Council Approval: City Clerk Date r -1 U • Kel FROM: BY THE CITY CGU��!CiL CITY 0� �Ei ^JPCir�7 BF�,CH � i JAV' January 26, 1998 CITY COUNCIL AGENDA ITEM NO. 14 Mayor and Members of the City Council Public Works Department SUBJECT: GATEWAY PARKS LANDSCAPING AND LIDO SEWAGE PUMP STATION REPLACEMENT CONTRACT NOS. 3124 AND 2886 RECOMMENDATION: Affirm the filing of a Mitigated Negative Declaration as the environmental impact determination for the Lido Sewage Pump Station Replacement and Gateway Parks Landscaping projects. DISCUSSION: Although the Lido Sewage Pump Station Replacement and Gateway Parks Landscaping projects are related in location and time to the larger "Arches" Interchange Improvements project, these specific improvement items were not identified or included in the environmental documentation for the interchange improvements which are currently under construction. The environmental documentation for the "Arches' project was completed in April 1996 and covered modifications to the existing Lido Pump Station located at the intersections of Newport Boulevard with Via Lido and Short Street. Short Street also marked the southerly limit of the landscaping along the westerly side of Newport Boulevard included in the "Arches" project. In June 1996, the City Council was asked by a citizens group to participate in acquiring a former Chevron gas station site at Newport Boulevard and Short Street and improving it with landscaping as a community gateway park. The group's request was considered favorably by the City Council because it was consistent with an ongoing effort by the City to purchase from Caltrans the remnant parcel of another former gas station site situated diagonally across the intersection at Via Lido and Central Avenue. A further consequence of the Chevron site acquisition was the opportunity for the County Sanitation Districts of Orange County (CSDOC) to replace their 60- year -old Lido Pump Station with a completely new facility located on a corner of the proposed park parcel, thereby avoiding the need to modify the outdated, existing facility in order to accommodate the Newport Boulevard widening as part of the "Arches" project. A Cooperative Agreement with County Sanitation District No. 5 for the Lido Sewage Pump Station Replacement was approved by the City Council on February 10, 1997. Under the terms of the Cooperative Agreement, the City assumed the responsibility for processing the environmental document and securing the coastal development permit for both the replacement pump station and park landscaping improvements. SUBJECT: GATEWAY F&S LANDSCAPING AND LIDO SEWAGE PUOTATION REPLACEMENT January 26, 1998 Page 2 A Negative Declaration has been filed for the pump station replacement and gateway park • landscaping (copy attached). Since the replacement pump station has the potential for causing impacts to the environment, especially during construction, the specifications for the project include the following provisions: (1) removal, treatment and disposal of hydrocarbon contaminated groundwater to facilitate underground construction; (2) vibration monitoring in adjoining properties to determine any effect from installing excavation piles and shoring; and (3) noise monitoring in the immediate vicinity to insure that construction activities such as pile driving and groundwater pumping are kept within acceptable noise levels. By including these provisions in the contract specifications, a Mitigated Negative Declaration is the appropriate environmental determination for this project. The usual procedure followed by staff is to recommend that the City Council affirm the environmental determination at the same time that a recommendation is presented to approve plans and specifications and /or to award a construction contract. In this case, however, County Sanitation District No. 5 intends to award a construction contract for the Lido Pump Station Replacement separately from and prior to the City's award of the construction contract for Gateway Park Landscaping. Award of the Pump Station contract is anticipated for February or March of 1998, and the park landscaping contract award is anticipated thereafter. Since the City is the Lead Agency with respect to the overall environmental determination, and because the environmental determination process needs to be complete before CSDOC can award a construction contract for the Lido Pump Station Replacement, staff is recommending that the project environmental determination be affirmed at this time and in this manner. In anticipation of this City Council action, a public meeting for the residents, property owners • and businesses in the immediate project vicinity was conducted at 7:00 p. m. on December 2, 1997. Only one person from the public attended. Similarly, only one written response was received during the public review period for the Negative Declaration. That response was from Caltrans, who emphasized the need for handling surface runoff during construction. The contract specifications include appropriate provisions for that concern. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By/Uz<� kkart Project Management Consultant Attachments: Notice of Intent to He a Negative Declaration Negative Declaration Letter Dated December 18, 1997 Letter Dated December 29, 1997 f:\groups\pubworks\council\98\jan-26\lido-pum.doc *CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 1768 • NEWPORT BEACH, CA 92658 -8915 NOTICE OF INTENT TO FILE A NEGATIVE DECLARATION This is to advise that the Public Works Director of the City of Newport Beach, acting in his official capacity and in conformance with the adopted objectives, criteria and procedures for implementing the California Environmental Quality Act as amended, hereby provides notice of his intention to file a Negative Declaration with respect to: PROJECT TITLE: Lido Sewage Pump Station Replacement and Gateway Parks Landscaping LEAD AGENCY: City of Newport Beach CONTACT PERSON: Lloyd R. Dalton, P.E. PHONE NUMBER: (714)644 -3328 PROJECT DESCRIPTION: Replace the existing Lido Sewage Pump Station owned and operated by the County Sanitation Districts of Orange County and presently situated at Newport Boulevard and Short Street to a location approximately 200 feet southerly. The location of the new pump station is on a corner of one of two former gas station sites that the City of Newport Beach owns and proposes to improve as Gateway Parks with landscaping, screening walls, •identification signage, decorative lighting, and hardscape. The pump station replacement is proposed at this time because the existing facility is in the way of a major street widening and bridge construction project currently in progress along Newport Boulevard at Pacific Coast Highway. No significant effects on the environment are anticipated as result of this project provided that the mitigation measures which are included in the project plans and described on the attached listing are implemented. Therefore, a Negative Declaration has been prepared in accordance with the California Environmental Quality Act. The Initial Study and all documents referenced which support this determination along with a copy of the draft Negative Declaration are on file at the City of Newport Beach Public Works Department located at 3300 Newport Boulevard. The public is invited to comment on the Draft Negative Declaration during the minimum twenty (20) day public review period beginning November 12, 1997. A public meeting will be held to provide information on the project and answer questions at the City Hall Fire Department Conference Room on December 2, 1997, at 7:00 P.M. The Newport Beach City Council will consider the environmental determination for the proposed project at its meeting on December 8, 1997, to be held at 7:00 p.m. in the City Council Chambers. Re ectfully sub 'tted, F I L E D p® S T E D NOV 1 3 1997 NOV 13 1997 • Don Webb Public Works Director 8GYRYL.3 DEPUTY GARY l.G I✓ GI COt}d�e�ovember 12, 1997 r:\ groups \pubworks \archcs \ncgdcc.doc BY �— 4 MITIGATION MEASURES TO BE IMPLEMENTED for LIDO SEWAGE PUMP STATION REPLACEMENT AND GATEWAY PARKS LANDSCAPING 1. Any groundwater contaminated with hydrocarbons that is removed during dewatering operations associated with the excavations for the underground portion of the pump station and pipelines shall be handled as follows: a) Removed from the site and delivered to an appropriate treatment facility for disposal, or b) Provide onsite treatment of the groundwater reducing the contamination to a level so that the effluent can be discharged into the sanitary sewer system along with payment of corresponding volumetric charges, or c) Provide onsite treatment of the groundwater reducing the contamination to a level so that the effluent can be discharged into storm drainage systems which empty directly into the Newport Bay. 2. If soil removed during excavation operations is found to be contaminated with hydrocarbons, such material shall be removed from the site and delivered to a landfill designated to receive such contaminated soil or to a treatment facility equipped to remediate such contaminated soil. 3. Construct the finish floor of the Pump Station Control Building at an elevation above the established flood plain level for the area. 4. The exterior of the Pump Station Control Building shall have a stucco finish and color compatible with nearby structures so that the new building blends in with the surrounding community. 5. Subterranean portions of the pump station shall be sealed so as to prevent the escape of noxious odors offensive to adjoining properties. Similarly, vapor barriers shall be installed so as to prevent possible migration of gasoline vapors from accumulating within the structures. 6. Noise and /or vibration associated with installing sheet piling for excavation may require the use of sound attenuation measures such as muffling blankets and the placement of vibration monitors to measure earth movement. If noise or settlement and vibration is excessive, work will be stopped and alternative construction techniques implemented. 0 7. Provide environmental protection plan to control impacts pertaining to water, air and noise pollution. 0 \ \dp \sys \g roups \pubworks \arches \mWgal.doe ►� J 0 C *Y OF NEWPORT BFAW 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 NEGATIVE DECLARATION To: Office of Planning and Research Fx-X 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange Public Services Division P.O. Box 238 Santa Ana, CA 92702 Prom: City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR /County Clerk: Public review period: November 20 - December 22, 1997 Name of Project: Lido Sewage Pump Station Replacement and Gateway Parks Landscaping Projecl Location: Along Newport Boulevard at the Intersections with Via Lido and Short Street in the City of Newport Beach Project Description: Replace the existing Lido Sewage Pump Station presently situated at Newport Boulevard and Short Su-cet with a new station at a location approximately 200 feet southerly on a corner of it former gas station site to be landscaped as the Balboa Peninsula Gateway Park. Another former gas station site diagonally across Newpc Boulevard at Via Lido is to be similarly landscaped as the Lido Village Gateway Park. Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Public Works Department has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is ® attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by lire decision- makcr(s) prior to final action on the proposed project. If a public hearing will be held to consider this project, a notice of the time and location is attached. Additional plan, studies and/or exhibits relating to are proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to lire close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any qucsl ons or would like further information, please contact the undersigned at (714) 644 -3328. ;Vpr Datc: November 18 1997 Llo R. Dalton, P.H., Design Engineer STATE OF TATION AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 December 18, 1997 0 Lloyd R. Dalton File: IGR/CEQA City of Newport Beach SCH9 nene Public Works Department fe'f q,7///077 3300 Newport Boulevard � t� Newport Beach, CA. 92658 -8915 Subject: Lido Sewage Pump Station replacement and Gateway Parks Landscaping. Dear Mr. Dalton: Thank you for the opportunity to review and comment on the Negative Declaration for the Lido Sewage Pump Station replacement and Gateway Parks Landscaping. Caltrans District 12 is a responsible agency for this project and has the following comments for your consideration. To comply width the Caltrans NPDES program a Water Pollution Control Program (WPCP)must be prepared prior to starting work. See " Caltrans Storm Water Quality Handbook for Construction Contractors. for specific instructions. A special provision for WPCP should be included in the contract. We appreciate the opportunity to comment on this document. If you have any questions concerning these comments please do not hesitate to call us Aileen Kennedy can be reached on (714) 724 -2239. SigA obeJp , th i Advance Planning Branch C: Ton Loftus, OPRv Ron Helgeson, HDQTRS Planning Praveen Gupta, Environmental Planning Reza Aurasteh, Environmental Engineering 0 Mate of C�Yiforr�i�r ! GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET iPETE WILSON SACRAMENTO 95814 clummo11 December 29, 1997 LLOYD DALTON CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPOORT BEACH, CA 92650 -8915 o�� eo�wq�Oy, u S t4FF OF CAUF1P �! PAUL F MINER Fc"MG 0HWCT0Q ,.IAN .. Subject: LIDO SEWAGE PUMP STATION REPLACEMENT /GATEWAY PARKS LANDSCAPE SCH #: 97111079 Dear LLOYD DALTON: The State Clearinghouse has submitted the above named proposed Negative Dyclaration to selected state agencies for review. The review period is now closed and the comments from the responding agency(ies) is(are) enclosed. On the enclosed Notice of Completion form you will note that the Clearinghouse has chocked the agencies that have commented. Please review the Notice of Completion to ensure that your comment package is complete. if the ccmmcnt package is not in order, please notify the State Clearinghouse immediately. Ramewber to refer to the project's eight-digit State Clearinghouse number so that we may respond promptly. 4111Please note that Section 21104 of the California Public Resources Code required that: "a responsible agency or ocher public: agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out on approved by the oyancy. Commenting agencies are also required by this section to support their comment, with specific documentation. These comments are forwarded for your use in preparing your final EIR, Should you need more information or clarification, we reccmmenO that you contact the commenting agency at your earliest convenience. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact at (916) 445 -0613 if you have any questions regarding the environmental review process. sincerely, ANTERO A. RIVASPLATA Chief, State Clearinghouse Enclosures CC: Resources Agency r.L tut avu a..[lej.ar, I.. 'Y& La, x-.1 a '"1. - rIVHS " bpLf . QNSA ®N LI+I).t 3WlErz iw.LL9n 41 Rn BS 1 rg , 10 79 3. ero7de lu"L Ida Sewage Puap Station Replacement and Catevay ar n .an scapvsg z. �apay, C1 CY oC Nevpnrt Beach 1. ��a �� Lloyd Dalton, P.E. I. Pua.t 1 i 300 Newport Boulevard y,.�1ty Newport 1 Orange - 32&-- x. c-lY, M. rlv N. xsarQloo, .. o-[y. Orange n. a wou -lry, City of Newport Beach e0. n.a. =.�[•. Iv al w.A231QL -2l_ A,. w. t _ v,. 42 ? -�21 -03 mr ova, .1-1 Newpor uulevard at Via _ a Lido and Short StrecS oO6 ^Ses''- N( A cuts "o- Psll- we.[- e. •'ev,+^ x u=�' w� S5 6 SK l �. rye. N/A [ N/A d. _Newport Channel and Lover Novpurt Bay z. s�sm e. 1031..a®I.i>e s. rrJm mltaaa CM 01. -_G al rim rl t• 01. __J nd.Rl•1, W,. it. _pv a. __pe Or. _)b rlmmc 03. _._Lvly m. 01. _._ICC is. - rA.[el 'I- 0l. xp] e- U. -_Jon N. /ogee[ rim 03. __.9gylrq/tr reLll 63. R.____ CL __..it M 05. _,_4r.eu4m Aeem agLgeq______ er,' -V %. 1_11:C rim W. Jl:Me[l•li N. R. _ tY Pin uaoxun, 315A [5. � o,e ab. _Re„yvetatlm, TYPI_ �_- aa 09. CGS ll. _ ps l0. 1vd 1v151m Ol. fstGlvlelm, Pa:¢1 J� I0. �. P.lr4 I3. __.rl. eM,. Si•R .i^. K.5 a. _9at[r rYll� 4ettt� a<� ts.�w n.afc w. ,X.,xr. s}•:mmu ssyascwag.- lupy>_Statiun It. I.mn u. _oar rns.em Replacement u. _Jim o�.rzrn D. _.e+m N P«aern ll, X at.a Park landscaping„ -. -r -.[ 14. -Y wu-ryty,_Co�u11 approval of plans S construction contract app uva I3. EL2T rm'�:�.`33J`y1:£.If1II 15. 'IC 8, m_ a. j^MRe[ Cullry Cl. X /.es -M44/: u'.al y. �' rlm11ni0 =aIV¢ u. iL.Ya o o,-'uY U. X_Yy.[ "vv L3. __ly::G:L.rel IrJ ry, _x rylgl UL.l¢1< Ix. __ od 25. gjkeJ avS/µfin:tu-. cl..y`Jl[ a:u lry ire aNm 38. _,_9,11 [amine A. .X. nine. w. �'_Na+'.Iq�uc:x:scrlml It. _ as-' I• le. , 4u 5dxm. I1, .T._crwrtA lnl.cLq la. _X e'it[ Se:vlm ",. a: ;•-- >L.tue cl[o,lwa, v. X-o.na.u.. eff•. :l. L2L^G I4T-; "'4 s5. nzx,, �,Vacant land formerly occupied by gasoline service stations and zsunea for cot ®crclal uses. Is Replace the existing Lido Sewage Pump Station prevently nicuated 'IL Newport Boulevard and Shore Street with a new pump seatinn at a location approximately 208 feet southerly on a corner of a former gaff station Fite to he land::c..iPed a5 th(! Balboa Peninsula Gateway Park. Another former gas station site located diagonally across Newporr Boulevard at Via Lido is to be similarly landscaped as the lido Village Gateway Park. State Clearingheuse Cont. 1. s( State Review Oeesn: Depr. Review to Agency Agencv Rev to SCH SCH COMPLIANCE (''91//6)445 - 0613':: , ld•_L L.zY Please note SCH Number on all Comments 97111079. Please forward lase comments directly to the Lead Agency AQMDIAPCD 33 (Resources: /A X Resources Boating -Coastal Comm'. -Coastal Cost Colorado Rvr Ed �ConsMallon . X Fish & Game k J Delta Protection Forestry -Parks & Rec /011P _ Reclamation BCDC' _LC DWR _ DES Bus Transp Hours _Aeronautic' Clip X Celtrans # I)- _Trans Planning _ Housing & Devel Health & Welfare _ Drinking 1120 Medical Waste State Agencies StaldConsumcr Svcs General Services CPVEPA ARB __,V CA Waste Mgmi Bd _SWRCB. Grants SIIRCB: Delta �SWRCB: Wit Quality SWRCB: Wtr Rights X Reg, W'QCB N_ _ DTSC /CTC Yth /Adlt Corrections _Corrections Independent Comm _ Energy Comm _ X_ NAHC PUC Santa Mn Mens X State Lands Comm ' -Tahoe Rgl Plan Other: 0 0 E RECORDING REQUEST• AND • WHEN RECORDED RETURN TO: Recorded in the county of orange, cal ifornia IGary LI.IIGranville, clerk/Recorder Public Works Department No Fee City of Newport Beach 19980184005 1; 53pm 03/31/98 Post Office Box 1768 005 19005516 19 04 3300pNewport Boulevard 00 21.00 0.00 0.00 0.00 0.00 New ort Beach, CA 92659 -1768 Space above this line for Recorder's use only. YEMPT RECORDING REQUEST PER EASEMENT AGREEMENT GOVERNMENT CODE 6103 THIS AGREEMENT is made and entered into this o?`7 day of 1998, by and between County Sanitation District No. 5 of Orange County, California, (hereinafter "DISTRICT "), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the constitution and the laws of the State of California, (hereinafter "CITY "); WITNESSETH: WHEREAS, CITY is widening Newport Boulevard, a portion of which right of way is encumbered by DISTRICT's present location of Lido Pump Station, and WHEREAS; on February 26, 1997, CITY and DISTRICT entered into a Cooperation and Reimbursement Agreement pertaining to the design, construction, and easement for PERMITTED IMPROVEMENTS; and WHEREAS, DISTRICT desires to construct sanitary sewer improvements shown on DISTRICT construction plans known as "Relocation of Lido Pump Station, Contract No. 5 -41 -1" (hereinafter "PERMITTED IMPROVEMENTS "), encroaching into a ten foot setback for Alley 337A and within a vacant parcel of CITY park property located between Newport Boulevard, Short Street, and Alley 337A, known as 3531 Newport Bc:ulcva:d a "d !-gally described as Parcel 1 of Lot Line Adjustment No. 80 -1, recorded in Book 14016, Page 73, of Official Records in the office of the County Recorder of Orange County, California (hereinafter "PARCEI. "); and 0 0 WHEREAS, said PERMITTED IMPROVEMENTS may interfere with CITY's future ability to construct, operate, maintain and replace certain alley and park facilities and improvements within the setback for Alley 337A and within PARCEL; and WHEREAS; CITY desires to maintain a five foot minimum width pedestrian access walkway through PARCEL to facilitate use of the public parking areas located adjacent to Alley 337A; and WHEREAS; on September 23, 1997, CITY approved Modification Permit No. 4601, thereby permitting a five foot encroachment of PERMITTED IMPROVEMENTS into the ten foot setback for Alley 337A; and WHEREAS; the parties hereto desire to execute an easement agreement (hereinafter "AGREEMENT ") to provide the conditions under which CITY will grant an easement to DISTRICT to construct and operate said PERMITTED IMPROVEMENTS ; NOW, THEREFORE, in consideration of their mutual needs, the parties hereto agree as follows: 1. PERMITTED IMPROVEMENTS shall be defined as a pump station entrance, a below -grade sewage pump station, a control building, utility service conduits, gravity and pressure sewer mains, manholes, etc., as shown on the plans and specifications for PERMITTED IMPROVEMENTS dated November 18, 1997. 2. CITY will grant an easement to DISTRICT to construct, maintain, operate, repair, and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto within the setback for Alley 337A and within PARCEL, more particularly set forth in the legal description Exhibit "A" and its sketch Exhibit "B ", both of which are attached hereto and incorporated herein by reference, all in conformance with the plans and specifications for PERMITTED IMPROVEMENTS. CITY will also allow DISTRICT to take reasonable measures necessary or convenient to accomplish aforesaid activities. 3. DISTRICT and CITY further agree as follows: 0 9 a. All specific obligations of the aforementioned Cooperation and Reimbursement Agreement shall remain in effect as agreed therein, except that the purchase price of the easement shall be $78,886, equal to that area of PARCEL occupied by DISTRICT's pump station entrance, sewage pump station and control room (known as "Parcel A" in the easement) multiplied by CITY's 1997 purchase price for PARCEL ($300,000) divided by the total area of PARCEL. Easement areas required for utility service conduits, gravity and pressure sewer mains, manholes, etc. shall not enter into the purchase price of the easement. CITY and DISTRICT shall also modify the Cooperation and Reimbursement Agreement to include CITY's reimbursement to DISTRICT for CITY sewers, sewer rehabilitation, manholes, traffic control and appurtenances that are to be built by DISTRICT as portion of PERMITTED IMPROVEMENTS. The amount of reimbursement shall be as identified as line items in DISTRICT's awarded schedule of prices for PERMITTED IMPROVEMENTS. b. DISTRICT shall clean and maintain PERMITTED IMPROVEMENTS in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. c. DISTRICT shall provide for and maintain a five foot minimum width pedestrian walkway over the at -grade roof of their sewage pump station, except during periods of DISTRICT maintenance, repair or replacement of PERMITTED IMPROVEMENTS. d. If any present or future CITY facility or improvement is damaged as a result of the installation, maintenance or operation of PERMITTED IMPROVEMENTS, DISTRICT shall be responsible for the cost of repairing the damage; however, nothing herein shall be construed to require DISTRICT to otherwise maintain, replace or repair any present or future CITY facility or improvement. 4. DISTRICT and CITY shall indemnify and hold harmless each other, their City Council, their District Board, their boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so •1 • utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of PERMITTED IMPROVEMENTS. 5. The parties hereto agree that this AGREEMENT shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of interest in the AGREEMENT; and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the day and year first -above written. APPROVED AS TO FORM: By: L�n' — City Attorney ATTEST: By:. City Clerk APPROVED AS TO FORM: j District Counsel CITY OF a MuniciE BEACH, COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY: By:v Chairman, Board of J By: !L1. Board 4 9 0 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) i On 5— 1998, before me, �/ Iffs Z. 0,ko4eu personally appeared personally known to me be the person(&-) whose name(&) is /afe subscribed to the within instrument and acknowledged to me that 4,re /she /t4ey has executed the same ir. tiffs /her /theif- authorized capacity(ies), and that by his /her /the+F signature(&) on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNOS my hand andigfficial seal. ` ry Public in and for said (This area for official notarial seal) Thomas L. Woodruff V Comm. #1145500 NOTARY PUBLIC CALIFORNIA AW ORANGE COUNTY Camlt. Exp. Jury 3. 2001 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE i On &f 2 1998, before me, 77��k �m °,D2JFF personally appeared personally known to me to be the person(&) whose name(s) isMm subscribed to the within instrument and acknowledged to me that #e /she /they has executed the same in-his /her /their authorized capacity0es), and that by 4is /her /their signature e- on the instrument the- pefoon(s) OF the entity upon behalf of which the person acted, executed the instrument. WITNESS y hand and off' al seal. Public in and for said State Thomas L. Woodruff V Comm. 41145500 n Q • NOTARY PUBLIC CALIFORNi n ORANGE COUNTY (% Comm. Exp. July 3. 2001 (This area for official notarial seal) F.\ USERS\ PBV J\LDALTON\AGREEMTS \CSDOC- EA.doo i • EXHIBIT "A" EASEMENT FOR SEWER AND PUMP STATION PURPOSES That certain land situated in the City of Newport Beach, County of Orange, State of California being a portion of Parcel 1 of Lot Line Adjustment No. 80 -1 recorded as Document No. 12616 in Book 14016, Page 73 of Official Records in the office of the County Recorder of said County and more particularly described as follows: Parcel A The southerly 52.23 feet of the westerly 43.71 feet of said Parcel 1. Said westerly 43.71 feet being measured along the southerly line of said parcel. Parcel B A strip of land, 16.00 feet wide, the centerline of which is described as follows: Commencing at the southwesterly corner of said Parcel 1; thence along the southerly line of said parcel S 77 °01'08" E 28.71 feet; thence N 12 °58'52" E 52.23 feet to the True Point of Beginning; thence N 12 °58'52" E 88.90 feet; thence N 15 °26'01" E 30.28 feet to the northerly line of said parcel. The side lines of said 16.00 foot strip to be extended or shortened to terminate at the northerly line of said Parcel 1. Parcel C A strip of land, 10.00 feet wide, the centerline of which is described as follows: Commencing at the southwesterly comer of said Parcel 1; thence S 77 °01'08" E 43.71 feet; thence N 12 058'52" E 31.17 feet to the True Point of Beginning; thence S 77 °01'08" E 18.48 feet to the easterly line of said parcel. The side lines of said 10.00 foot strip to be extended or shortened to terminate at the easterly line of said Parcel 1. N SXO S. 7' 7' AJP 4 �-3 10 - -9 17423- , _I_ %Z C) Ap 423- -07 vicil\li ti !DO PUMP STATIONS E A S E'-'\Iil E N TS PARCEL 2287.78 P r i - EL C - - 263 EXHIBIT ''B'' DETAIL A A r p AT E !DO PUMP STATIONS E A S E'-'\Iil E N TS PARCEL 2287.78 P r i - EL C - - 263 EXHIBIT ''B'' DETAIL CALIFORNIA ALL•PURPOSPACKNOWLEDGMENT • State of C-1 c, CX County of On rJ..�.a3�`°t°�� before me, &)C>te L� "'Jk DATE NA ITLE OF OFFICER - E.&.. "JANE DOE, NOT UBLIC' personally appeared personally known to me � *- 'V�' -'�.-'� NAME(S) OF SIGNER(S) a-f d.S to be the person(s) whose name(s) W /are subscribed to the within instrument and ac- knowledged to me that *Ke /they executed the same in I4 /Vr /their authorized CATHY FISHER capacity(ies), and that by ft /der /their Commission # 1174329 NotcryPublic - California signature(s) on the instrument the person(s), Orange County or the entity upon behalf of which the My Comm.5pirm Feb21, 2002 person(s) acted, executed the instrument. NESS my hand and official seal. IGN UREO NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL El El El El ATTORNEY -IN -FACT TRUSTEE(S) GUARD IAN /CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT CG -Jtv\/-\c'v\k � C f TITLE OR TYPE OF DOdUMENT 9 _ NUMBER OF PAGES - '4 5 -C? DATE OF DOCUMENT SIGNER IS REPRESENTING: / \ \ NAME OF PERSONS) OR ENTIN(IES) J � � v1 C -- - - -- - - - - -- SIGNER(S) OTHER4HAN NAMED ASbVE 61993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave_ P.O. Boa 7184 • Canoga Park. CA 91309 -7184 December 8, 1997 CITY COUNCIL AGENDA • ITEM NO. 7 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: COUNTY SANITATION DISTRICTS OF ORANGE COQN.TX__._.._.._ RELOCATION OF LIDO PUMP STATION - CONTRACT f�,_,_ _'I _ y. — RECOMMENDATION: Approve an easement agreement with County Sanitation Districts of Orange County to construct a new sewer pump station, and authorize the Mayor and the City Clerk to execute the agreement and the easement. DISCUSSION: The County Sanitation Districts of Orange County ( CSDOC) desires to construct a new pump station to replace the 60 -year old Lido pump station that is located at the northerly corner of the intersection of Newport Boulevard and Short Street (see Exhibit "A" attached). CSDOC's improvements will be located within a 10 foot setback for Alley 337A and the City's proposed Balboa Peninsula Gateway Park site immediately adjacent to a commercial building that was formerly a Baskin Robbins ice cream parlor. The pump station was designed to be compatible with the conceptual Gateway Park design shown on the attached Exhibit B. The entrance into the new pump station encroaches 4 feet 8 inches into the 10 foot commercial setback for Alley 337A. On September 23, 1997, the Modifications Committee unanimously approved Modification Permit No. 4601 for this encroachment. Plans and specifications for the new pump station are currently being advertised for bids that will be opened on January 6'h. Assuming no unforeseen circumstances, CSDOC will award the project at their February Board meeting. Work could commence during March and should be completed by May of 1999. Once the new Lido pump station is oper<tional, CSDOC's contractor will demolish and remove interfering portions of the existing Lido pump station so that the City's "Arches" improvements contractor may complete the Newport Boulevard widening work at Short Street. Concurrently, the City will be constructing the park site improvements over and around the new pump station. Staff's intention is to have the park site improvements be completed at the same time the Arches improvements and the adjacent utility underground district project related to the Arches improvements are completed. • To expedite completion of the new pump station, the City Council approved a Cooperation and Reimbursement Agreement with CSDOC (see attached Agenda Item dated February 10, 1997). In the Agreement, the City agreed to grant an easement to CSDOC for the new pump station and to donate an amount to CSDOC that the City SUBJECT: COUNTY STATION DISTRICTS OF ORANGE COUNOEUOCATION OF 'LIDO PUMP STATION - C TRACT NO. 5 -41 -1 December 8, 1997 Page 2 would save in the Arches project as a result of not having to modify CSDOC's existing • pump station to accommodate the Arches street improvements. In exchange, CSDOC agreed to transfer $56,300 to the City as payment for the easement. According to the Agreement, the exact dollar amount to be transferred between CSDOC and the City will be determined at the end of the project, when all final project costs are known. The CSDOC easement (copy attached) includes an approximate 2250 sq. ft. area within which the pump station /control building will be built, plus 2 other areas for gravity and force sewer mains within the park. The City will then build park site improvements above the sewer mains and a five foot minimum width pedestrian access walkway through the park and across the concrete roof of the underground portion of the pump station. The walkway is being installed at the request of Newport Boulevard business owners, who wish to facilitate their customers' use of the public parking areas located adjacent to Alley 337A. Under the terms of the easement agreement (copy attached), if CSDOC would need to excavate to access their sewer mains, they would be required to remove and reconstruct interfering portions of the City's park site improvements at no cost to the City. Also, CSDOC is required to clean and maintain all of the improvements within the 2250 sq. ft. pump station /control building easement area, and to provide for pedestrian movement across the concrete roof of the pump station, except during periods of maintenance, repair or replacement of their improvements. Upon execution of the easement and easement agreement, the documents will be filed . with the County Recorder. �esp�ctfuif u milted, PUBLIC WORKS DEPARTMENT Don Webb, Director by: 14, Lloyd Dalton, P.E. Project Manager Attachments: Exhibit A Exhibit B February 10, 1997 Agenda Item Easement Easement Agreement \ \dp \sys\ groups\ pubworks \98- counc \dec8 \csdoc.doc • • f -' i i i • FNMA� N le � I I I I ORCEI----l.,:l ss 15 5�- ��.,�' ASS SHORTSTREET co N IJ lll. .• I I �. &�� / "A'I`. PP I J I N /1 I, I L � /� /- dU . w• l wl ; I 10' ALLEY I SETBACK I U J � Q 7lSCALE 1 " =30' 5 ENCROACHMENT ' AT CORNER------i.l PROPOSED UNDERGROI LIDO PUMP STATI PROPOSED LIDO PUMP STATION CONTROL ROOM EXHIBIT "A" II JI II I II • II � II PROPOSED 24' FORCE MAIN PER ARCHES PROJECT II PUMP V1. s 1•s a ®E . I �I r I � I, CTL PL 6] i I I , �I I� �vl I � I I �I FORCE MAINS II I ii I II I O i^h i z Mi M M 6w, ...,,,,..�� .. essl BASK NERROBBINS a II II II I I I I I I — PROPOSED i GRAVITY MAIN r. ......._.- _....... .... .. _..- _. 4-+ x w • I� t t� i' �j �i �j 2a e � 4 b 3 G • 1 l� y v C� u n �k r n � a 50� � G CL. ) , w � M 0 3° s g�. s' E z a i �z �R� 0 0 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT 0 February 10, 1997 CITY COUNCIL AGENDA ITEM NO. 10 SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES' INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886; APPROVE AMENDMENT NO, 3 WITH MOFFATT & NICHOL AND APPROVE THE COOPERATIVE AND REIMBURSEMENT AGREEMENT WITH COUNTY SANITATION DISTRICT NO. 5 RECOMMENDATIONS: Approve Amendment No. 3 to the consultant agreement with Moffatt & Nichol Engineers, and authorize the Mayor and the City Clerk to execute the Amendment. 2. Approve a Cooperation and Reimbursement Agreement with County Sanitation District No. 5 of Orange County, and authorize the Mayor and the City Clerk to execute the Agreement. 3. Authorize a budget amendment to provide for a $172,100 contribution from County Sanitation District No. 5 of Orange County by adjusting revenues to the Contributions Fund and appropriate this amount to Account No. 7251- C5100199. DISCUSSION: On April 22, 1996, the City Council approved a consultant agreement with Moffatt & Nichol Engineers (M &NE) to provide final design engineering services for this project. Compensation in the amount of $985,000 was authorized to cover the cost of professional fees and reimbursables. On December 9, 1996, the City Council approved Amendment No. 2 to the Consultant Agreement with M &NE. The amendment covers the estimated $397,540 cost to design and construct 5 items of work on County Sanitation District No. 5 of Orange County ( CSDOC) facilities in conjunction with the improvements that are proposed for the "Arches" project. CSDOC now wishes to construct a new sewage pump station to replace a 60 -year old Via Lido pump station that is located on the northerly corner of Short Street and Newport Boulevard. The new pump station would be located within the City park that will be built on the site of a former Chevron service station (see attached Exhibit "A "). On January 13, 1997, the City Council approved a soil contamination indemnification agreement with Chevror, as a component of the park site purchase. Assuming that no major obstacles arise, staff anticipates that the purchase of the former Chevron site will be completed during March of this year. 9 0 SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886; APPROVE AMENDMENT NO. 3 WITH MOFFATT & NICHOL AND APPROVE THE • COOPERATIVE AND REIMBURSEMENT AGREEMENT WITH COUNTY SANITATION DISTRICT NO. 5 February 10, 1997 Page 2 To expedite completion of the new CSDOC pump station on the former Chevron site and on the surplus State land at the northerly corner of Newport Boulevard and Via Lido, CSDOC desires to use the City's consultant to provide design services. M &NE has proposed to prepare plans, specifications and estimate (PS &E) and provide construction support services for the pump station for a fee of $172,100 (see attached M &NE proposal letter of December 23, 1996). CSDOC staff considers that M &NE's proposal amount is appropriate for the scope of work that must be performed. Accordingly, City staff recommends that our contract with M &NE be amended to pay for the CSDOC work. CSDOC will then reimburse the City for CSDOC's costs as outlined below. This will constitute Amendment No. 3 to the City's agreement with M &NE. CSDOC has prepared and forwarded a Cooperation and Reimbursement Agreement (copy attached) to repay the City for M &NE's fees to design and provide construction support services for the pump station project. The Agreement specifies that the City will contribute to the project the funds that were originally budgeted for designing and constructing the existing Lido pump station to accommodate the Newport Boulevard widening, plus the minor cost savings that will accrue to the City as a result of CSDOC's contract work. As consideration for the City's easement to construct the pump station and appurtenant sewer mains on the former Chevron service station site, CSDOC will pay $56,300 to the City, an amount equal to the estimated design and construction costs for landscaping the former Chevron site. The approximate costs for the City's originally- conceived Lido Isle pump station modification project and for CSDOC's pump station project have been determined with CSDOC staff. We have agreed that the City should transfer $179,000 to CSDOC, the amount that the City will save in a joint project with CSDOC as a result of not having to modify CSDOC's existing pump station improvements. The exact transfer amount will be more accurately determined and assessed at the end of the project, when all final joint project costs are known. A Cooperation and Reimbursement Agreement is currently being processed by CSDOC staff for Board approval at their February 26, 1997 meeting. City staff recommends that the City execute the Agreement now so that M &NE may proceed with pump station design in a timely manner. The M &NE proposal letter for the pump station design services includes a $6,300 amount to provide landscape PS &E for the former Chevron service station site and for the surplus State land site. In the interest of overall continuity of the landscape palette, knowledge of the project and consultant economy, M &NE proposes to provide these design services using the "Arches" project subconsultant, Lynn Capouya, Inc. Capouya's scope of services does not include the unknown amount of consultant time that will be needed to attend meetings, revise PS &E, etc. as needed to satisfy the desires of those who have a special interest in the park site; nonetheless, staff recommends that the City Council approve Capouya's additional design services with the foreknowledge that a change order will most likely be needed later to compensate for Capouya's extraordinary expenditure of time needed to complete final PS &E for the park sites. 0 0 SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO 2886; APPROVE AMENDMENT NO. 3 WITH MOFFATT & NICHOL AND APPROVE THE COOPERATIVE AND REIMBURSEMENT AGREEMENT WITH COUNTY SANITATION DISTRICT NO. 5 February 10. 1997 Page 3 Staff anticipates that the City will complete the landscape construction contract for the surplus State land park site during this calendar year. At the same time, the construction contract for the new pump station at the former Chevron service station site will be handled by CSDOC separately and concurrently with the City's interchange improvement contract. The contract for landscaping the former Chevron service station site will commence as soon as CSDOC's pump station work is completed. Staff recommends that Amendment No. 3 for the M &NE consultant agreement be provided through a budget amendment for $172,100 to increase revenues to the Contributions Fund and that this amount be appropriated to Account No. 7251 - 5100199. Respectfully submitted, P LIC WORKS DEPARTMENT Don Webb, Director r' by. Lloyd Dalton, P.E. Project Manager Attachments: Exhibit "A" M &NE proposal letter Proposed Amendment No. 3 to M &NE Consultant Agreement Proposed Cooperation & Reimbursement Agreement with CSDOC w PACIFIC L COAST gIGHWAY rdEPz1'O T CHAM\EL f m � PARK SITE (SURPLUS STRTE LRND) STET ® OvypS�OC 9T I oN VIA L � PRRK SITE IIje (FORMER CHEVRON STRTION) Proposed CSDOC PUMP STRTION CM OF NEWPORT BERCH RPPROVED: PUBLIC WORKS DEPRRTMENT NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE DRTE IS Dec 1996 SCRLE N.T.S. IMPROVEMENTS C -2886 DRRNN n M. GRRCIR EXHIBIT' A .. • . G—CfSc�li • COOPERATION AND REIMBURSEMENT AGREEMENT T H I S COOPERATION AND REIMBURSEMENT AGREEMENT i s m ade this day of 1 1997, by and between: COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA (hereinafter referred to as "District") I':1R111 CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City ). RECITALS: WHEREAS, City is proposing to purchase the property at 3531 Newport Boulevard along the southwest corner of Newport Boulevard and Short Street within the City of Newport Beach (hereinafter referred to as "Project Site "); and WHEREAS, City is proposing to widen Newport Boulevard between Short Street to the south to a location north of Pacific Coast Highway (hereinafter referred to as "City's Project'), and; WHEREAS, said widening improvements will impact existing District Facilities, including the Lido Pump Station located at the northwest corner of Newport Boulevard and Short Street; and; WHEREAS, District desires to relocate its Lido Pump Station to the property at 3531 Newport Boulevard (hereinafter referred to as "New Pump Station "); and WHEREAS, City is proposing to construct a park at 3531 Newport Boulevard. • oo2p OW, THEREFORE, BEIT RESOLVED between City and District as follows: 2000o 39226_5 JRS:cjs: 122197 0 0 Sectiont Elements of Agreement. • City and District shall work cooperatively together so that City can meet its award of contract deadline for the City's Project prior to July I, 1997. City will grant an easement to District to enable District to locate District's New Pump Station at the Project Site. The site plan, attached as Exhibit "A" and incorporated herein by reference, depicts the approximate locations of District's existing Lido Pump Station and New Pump Station. The specific terns and conditions governing the elements of this Agreement are set forth hereinafter. Section 2. if 's S ecific Obligations. City shall: (a) contract for design services for the design of the New Pump Station, extension of force main and gravity sewer systems and demolition of existing Lido Pump Station. The firm of Moffitt & Nichol Engineers (hereinafter referred to as "Consultant ") shall be retained for this purpose through an amendment to their existing Consultant Agreement with City which covers final design of City's Project. City shall present the draft design plans for the New Pump Station, extension of force main and gravity sewer systems and the demolition of the existing Lido Pump Station to District for review and approval prior to finalization of the design by Consultant; (b) process an Environmental Agreement with Chevron which will require Chevron to assume all expenses required for site remediation resulting from existing soils and water contamination associated with the Project Site, • 2000-00020 39226_5 JRS:cjs: 122197 -2- • • 0 0 (c) reimburse the District the sum of One Hundred Seventy -nine Thousand Dollars ($179,000.00) as City's contribution to the costs of construction of the New Pump Station. This contribution equals the estimated costs of constructing modifications to the existing Lido Pump Station arising from City's Project in lieu of constructing a New Pump Station; (d) grant an easement to District at the Project Site for the purpose of constructing and maintaining the New Pump Station and sewer mains on the Project Site. ection 3_ District's Specific pbligations. District shall: (a) pay to City fifty -Six Thousand Three Hundred Dollars ($56,300.00) for purchase of an easement to construct and maintain the New Pump Station and sewer mains on the Project Site, (b) provide plan check services with respect to constructing the New Pump Station, extending the force main and gravity sewer systems, and demolishing the existing Lido Pump Station; (c) reimburse City for costs of the design of the New Pump Station and extension of force main and gravity sewer systems and demolition of existing Lido Pump Station, including addenda approved by District (estimated at One Hundred Seventy -two Thousand One Hundred Dollars ($172,100.00)), (d) assume responsibility for letting and administering a construction contract 2000 -00020 39226_5 JRS;cjs:122197 for the construction of the New Pump Station, extension of force main and -3- gravity sewer systems, and demolishing the existing Lido Pump Station; . (e) obtain all necessary permits for the construction of its facilities, except any applicable coastal permits, for which City assumes responsibility. Section 4. Change Orders and Design Addendums. City and District in. their respective obligations shall be given the opportunity to review and approve all design addenda and construction change orders issued by either Party pertaining to the work . Section 5. Timing of Reimbursement. When all work is completed, an accounting shall be performed by both Parties to determine the net amount owed by the respective Parties, if any, in executing their obligations under this Agreement. Upon completion of the accounting, an invoice shall be submitted to the applicable Party for the remaining amount due, if any, which said amount shall be paid within forty -five (45) days of billing. Section 6. Environmental Documentation. City shall be responsible for compliance with the California Environmental Quality Act ( "CEQA ") as to all construction activity described in this Agreement. Section 7. Hold Harmless. District shall defend and hold City, its elected and appointed officials, harmless from any and all claims, damages or demands arising out of District's performance of its obligations under this Agreement. City shall defend and hold District, its elected and appointed officials, harmless from any and all claims, damages or demands arising out of City's performance of its obligations 2000 -00020 39226_5 JRS:cis: 1122197 -4- 0 0 under this Agreement. Section B. Insurance. 0 Each Party shall require the construction contractor for its construction activity to maintain a policy of public liability insurance for personal in;ury and property damage, including motor vehicle operators, during all times of the contract in the amounts consistent with that Party's established policies for construction agreements. Such policies shall name the other applicable Party, its officers and employees and agents as additional insured thereon. Section 9. Term. The term of this Agreement shall be in full force and effect until the specified obligations of both Parties have been fulfilled or rescinded by both Parties. • Section 10. Agents. Any contractor or subcontractor performing work in connection with the work described herein on behalf of either Party shall be conclusively deemed to be the servant and agent of each respective Party employing said contractor or subcontractors hereof, acting on behalf and within the scope of such contractor and subcontractor employment for said Party. Section 11. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. -5- 40 2000 -00020 79226_5 JRScjs:182/97 -5- To District: County Sanitation Districts of Orange County, California Attention: Ms. Penny Kyle Board Secretary 10844 Ellis Avenue Fountain Valley, CA 92708 -7018 To City: City of Newport Beach Attention: Lloyd Dalton, P.E. 3300 Newport Boulevard Newport Beach, CA 92663 Section 12. Dispute Resolution. Any dispute arising under this Agreement shall be resolved by binding arbitration through the Judicial Arbitration and Mediation Service (" JAt,4S "). Attorneys' fees and legal costs incurred in a dispute resolution shall be borne by the respective Party. Section 13. Force Maieure. Except for the payment of money, neither Party shall be liable for any delays or other non - performance resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third parties not within City's reasonable control or any law, order or requirement of any governmental agency or authority. Section 14. Governing _Law. This Agreement shall be governed by the laws of the State of California in effect at the time of signing this Agreement. ,5ection 15. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the 2000-00020 39226_5 JRS:cjs:1r22J97 -6- 0 0 0 subject matter thereof. 0 A waiver of a breach of the covenants, conditions or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. Alteration, change or modification of this Agreement shall be in the form of a written amendment which shall be signed by each Party. Executed this %' day of %! %, -lt. 1997, at Fountain Valley, California. 'DISTRICT" COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By tLZI�, "CITY" (Signatures Continued on Page 8) 2000 -00020 39226_5 JRS:cjs:1 !22/97 :1 CITY OF NEWPORT BEACH -7- By�tic � Yor -7- • ATTEST: � xa oco-/�4 e lyl _ Alrl h.�a? City Clerk APPROVED AS TO FORM By City Attorney 2000-00020 39226 5 JRS:cjs:lrz2re7 8- C] �i'_;,4 ',: -: :a. it •: 0 0 0 0 EXHIBIT "A►► EXISTING FORCE MAIN EXIST LIDO P, S. I r, PROPOSED INFLUENT SEWER — PROTECT srl-E ____\ / / PROPOSED ! UNDERGROUND LIDO PUMP STATION 1 PROPOSED LIDO PUMP STATION CONTROL ROOM — / i l� i II I I I 1 II I it it I I A I ( I � I I � I �I III -J r _I u. s.. I ' 1 I ' I 'o 1 , , i , i i I i I I i m 1 1 � ,I O Lu, w 2 , PROPOSED FORCE MAIN PER CITY OF NEWPORT BEACH STREET IMPROVEMENT 1 PROJECT I I I PROPOSED EXTENSION OF FORCE MAIN SYSTEM �� �. _ _ _ �s• 5 1+ 1/ 111 1'11 i, rl 1 I hI 111 Ir j! p 11 I! 11 J 11 11 it I � i I I I II I I I I I I I II II II I IJ II II NORTH RECORDING REQUEOLD AND • WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659 -1768 Space above this line for Recorder's use only. EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of 1998, by and between County Sanitation Districts of Orange County (Mailing Address: Bill Brooks, P.E.; P.O. Box 8127, Fountain Valley, CA 92728), (hereinafter "CSDOC "), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the constitution and the laws of the State of California, (hereinafter "CITY "); WITNESSETH: • WHEREAS, CSDOC desires to construct certain sanitary sewer improvements shown on CSDOC construction plans known as "Relocation of Lido Pump Station, Contract No. 5 -41 -1" as approved by CITY (hereinafter "PERMITTED IMPROVEMENTS ") encroaching into a 10 foot setback for Alley 337A and within a vacant parcel of park property located between Newport Boulevard, Short Street, and Alley 337A, known as 3531 Newport Boulevard (hereinafter "PARCEL ") and legally described as .............................. ...................... .............................in the office of the County Recorder of Orange County, California; WHEREAS, said PERMITTED IMPROVEMENTS may interfere with CITY's future ability to construct, operate, maintain and replace certain alley and park facilities and improvements within the setback for Alley 337A and within PARCEL; and 0 1 WHEREAS; CITY desires to maintain a five foot minimum width pedestrian access walkway through PARCEL to facilitate use of the public parking areas located adjacent to Alley 337A; and WHEREAS; on September 23, 1997, CITY approved Modification Permit No. 4601, thereby permitting a 4 foot 8 inch CSDOC sewer pump station entrance encroachment into the 10 foot setback for Alley 337A; and WHEREAS; the parties hereto desire to execute an easement agreement to provide for fulfilling the conditions required by CITY, while permitting CSDOC to construct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of their mutual needs, the parties hereto agree as follows: 1. PERMITTED IMPROVEMENTS shall be defined as a pump station entrance, a below -grade sewage pump station, a control building, a power transformer pad /electrical service vault, utility service conduits, gravity and pressure sewer mains, manholes, etc., as shown on plans and specifications on file with CITY. • 2. CITY will permit CSDOC to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto within the setback for Alley 337A and within PARCEL, all in substantial conformance with plans and specifications on file with CITY. CITY will also allow CSDOC to take reasonable measures necessary or convenient to accomplish aforesaid activities. 3. CSDOC and CITY further agree as follows: a. CSDOC shall clean and maintain PERMITTED IMPROVEMENTS in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. b. CSDOC shall maintain a five foot minimum width pedestrian walkway over their sewage pump station roof, except during periods of CSDOC maintenance, repair or replacement of their improvements. 2 c. If any esent or future CITY facility or impr• ment is damaged by the installation, maintenance or operation of PERMITTED IMPROVEMENTS, CSDOC shall be responsible for the cost of repairing the damage; however, nothing herein shall be construed to require CSDOC to otherwise maintain, replace or repair any present or future CITY facility or improvement. d. Should CITY be required to enter onto said Alley 337A or PARCEL to exercise its primary rights associated with said Alley 337A or PARCEL, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of future alley or public park facilities or improvements, CITY may remove portions of PERMITTED IMPROVEMENTS, as required, and in such event: (i) CITY shall notify CSDOC of its intention to accomplish such work, if any emergency situation does not exist. (ii) CSDOC shall be responsible for arranging for any renewal or restoration of PERMITTED IMPROVEMENTS affected by such work by CITY; (iii) CITY agrees to bear only the cost of any removal of • PERMITTED IMPROVEMENTS affected by such work by CITY; (iv) CSDOC agrees to pay all costs for renewal or restoration of PERMITTED IMPROVEMENTS. 4. In the event either party breaches any material provision of this AGREEMENT, the other party at its option may, in addition to the other legal remedies available to it, terminate this AGREEMENT. In the event the breaching party is CSDOC, CITY may enter upon Alley 337A or PARCEL and remove all or part of the improvements installed by CSDOC. Termination because of breach shall be upon a minimum of ten (10) days' notice, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term of condition of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys fees and costs incurred. 3 5. CSDOC shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of PERMITTED IMPROVEMENTS. 6. The parties hereto agree that this AGREEMENT shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of interest in the AGREEMENT; and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the day and year first -above written. APPROVED AS TO FORM: • By. City Attorney City Clerk APPROVED AS TO FORM: 0 • County Counsel CITY OF NEWPORT BEACH, a Municipal corporation M CSDOC: 0 Mayor Chairman of Board 4 STATE OF CALIFORA ) ) ss: COUNTY OF ORANGE ) On appeared 1997. before me ly • personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they has executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On appeared (This area for official notarial seal) 1997, before me personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they has executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (This area for official notarial seal) • F :\ USERS \PBw \LDALTON\AGRE EMTS\CSD0C- EA.d0C . 5 E 0 EXHIBIT "A" 0 EASEMENT FOR SEWER AND PUMP STATION PURPOSES That certain land situated in the City of Newport Beach, County of Orange, State of California being a portion of Parcel I of Lot Line Adjustment No. 80 -1 recorded as Document No. 12616 in Book 14016, Page 73 of Official Records in the office of the County Recorder of said County and more particularly described as follows: Parcel A The southerly 52.50 feet of the westerly 44.00 feet, measured along the southerly line, of said Parcel 1. Parcel B A strip of land, 16.00 feet wide, the centerline of which is described as follows: Commencing at the southwesterly corner of said Parcel l; thence along the southerly line of said parcel S 77 °01'08" E 29.00 feet-, thence N 12 °58'52" E 52.50 feet to the True Point of Beginning; thence N 12 °58'52" E 88.96 feet; thence N 15 °26'01" E 30.28 feet to the northerly line of said parcel. . The side lines of said 16.00 foot strip to be extended or shortened to terminate at the northerly line of said parcel and at the northerly line of the southerly 52.50 feet of said parcel. Parcel B A snip of land, 10.00 feet wide, the centerline of which is described as follows: Commencing at the southwesterly corner of said Parcel l; thence S 77 °01'08" E 44.00 feet; thence N 12 058'52" E 31.00 feet to the True Point of Beginning; thence S 15 °26'01" E 30.28 feet to the easterly line of said parcel. The side lines of said 10.00 foot strip to be extended or shortened to terminate at the easterly line of said parcel and at the easterly line of the westerly 44.00 feet, measured along the southerly line, of said parcel. 0 12 -ORA -1 KP 31.80 (PM 19.76) Drainage Improvements within the Route 1 / Route 55 Interchange 12221 - 074801(074811) District Agreement No. 12 -335 A -2 AMENDMENT TO AGREEMENT' This AMENDMENT TO AGREEMENT, entered into on Ja4 u q' � C 206(, 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 municipal corporation of the State of California, referred to herein as CITY Districkgreement No. 12- 335 -A2 RECITALS 1. STATE and CITY entered into a Cooperative Agreement (District Agreement No. 12- 335, Document No. 014210) on May 27, 1998, said Agreement defining the terms and conditions of a cooperative project to construct drainage improvements on Route 1 as a contract change order for the Route 55/Route 1 separation project, referred to herein as "IMPROVEMENTS ". 2. Said Agreement set STATE's total IMPROVEMENTS obligation at $1,341,820 and it was determined that STATE's total IMPROVEMENTS obligation exceeded that amount. 3. Subsequently, STATE and CITY entered into an Amendment A -1 to Agreement (District Agreement No. 12 -335 A -1, Document No. 014539) on September 28,1999, said Amendment A -1 defining the terms and conditions of a cooperative project to revise specified amount in Article 15 of Section I from $1,341,820 to $1,368,267. 4. The purpose of this Amendment A -2 to Agreement is to provide a refund to STATE for the complete removal and disposal of forms and completion of concrete finishing work performed on CITY's behalf for which CITY was previously paid. IT IS THEREFORE MUTUALLY AGREED: 1. The STATE has fulfilled its obligation in the amount specified in Article 15 of Section I of the Agreement No. 12 -335 and by subsequent Agreement No. 12 -335 A -1. 2. The CITY will reimburse STATE, in the amount of $14,400, for the complete removal and disposal of forms and completion of concrete finishing work. (Ref. EXHIBIT A -2) 3. The other terms and conditions of Agreement No. 12 -335 (Document No. 014210) and Agreement No. 12 -335 A -1 (Document No. 014539) shall remain in full force and effect. This Amendment A -2 to Agreement is hereby deemed to be a part of Document No. 014210. • STATE OF CALIFORNIA Department of Transportation JEFF MORALES Director of Transportation BY: FARBE Acting District Division Chief Design Distri TAgreement No. 12- 335 -A2 CITY OF NEWPORT BEACH a :� i.1.. -• BY: Mayor Attest:ol�/L� l,• • l�lCc./kK�.�� APPROVED AS TO FORM AND PROCEDURE: Atto y Department of Transportation CERTIFIED AS TO FORM AND PROCEDURE: Accounting Administrator CERTIFIED AS TO FUNDS: District Budget Manager EXHIBIT A2 COST SUMMARY STATE ALLOCATION OF CONSTRUCTION COST STATE ALLOCATION FROM COOP AGMT 12 -335 = Distric k9r,eement No. 12- 335 -A2 ADDITIONAL STATE ALLOCATION (COOP AGMT 12- 335 -A1)= CITY REIMBURSEMENT (COOP AGMT 12- 335 -A2)= TOTAL STATE ALLOCATION OF CONSTRUCTION COST = $1,341,820 $26,447 ($14,400) $1,353,867 January 9, 2001 CITY COUNCIL AGENDA ITEM NO. 8 TO: Mayor and Members of the City Council FROM: Public Works Department ' QQii�� SUBJECT: NEWPORT BOULEVARDMEST COAST HIGHWAY OARC�HES"�D INTERSECTION DRAINAGE IMPROVEMENTS - AMENDMENT TO COOPERATIVE AGREEMENT NO. 12 -335 WITH STATE OF CALIFORNIA, CONTRACT NO. 2886 RECOMMENDATIONS: 1. Approve Amendment A -2 to Cooperative Agreement No. 12 -335 with the State of California. 2. Authorize the Mayor and the City Clerk to execute the Amendment to the Agreement. DISCUSSION: The City contracted with Brutoco Engineering and Construction, Inc, to construct the "Arches" Interchange project. After the contract had been awarded and was under construction, the City entered into an agreement with the State of California to construct reinforced concrete box storm drain facilities across West Coast Highway. Brutoco performed the work for the City by change order and under both City and Caltrans supervision. Recently, the State extended both ends of the storm drain facilities constructed by Brutoco and discovered that Brutoco had not removed some of the construction forms or finished all of the interior surfaces of the concrete box structures. The State authorized their contractor to perform the work by a change order totaling $14,400 for labor and materials. The State has requested the City to reimburse them for the change order required for their contractor to complete the work, and has forwarded the attached Amendment A -2 to Cooperative Agreement No. 12 -335 for execution. Brutoco accepts responsibility for the work that they did not complete under the City contract and has agreed to the $14,400 charge. They contend that the Caltrans and City field representatives were aware of this situation and consented to the work being done by Caltrans at a later time. The City has withheld $14,400 from Brutoco's retention to cover the cost of the State's change order work. There are no added charges that the City assumes as a part of this agrreement. Reully Public Works Department Don Webb, Director Attachment: Amendment to Agreement 0 0 12 -ORA -1 KP 31.80 (PM 19.76) Drainage Improvements within the Route 1 / Route 55 Interchange 12221 - 074801(074811) District Agreement No. 12 -335 A -2 AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT, entered into on 20 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 municipal corporation of the State of California, referred to herein as CITY 0 0 District Agreement No. 12- 335 -A2 RECITALS 1. STATE and CITY entered into a Cooperative Agreement (District Agreement No. 12- 335, Document No. 014210) on May 27, 1998, said Agreement defining the terms and conditions of a cooperative project to construct drainage improvements on Route 1 as a contract change order for the Route 55/Route 1 separation project, referred to herein as "IMPROVEMENTS ". 2. Said Agreement set STATE's total IMPROVEMENTS obligation at $1,341,820 and it was determined that STATE's total IMPROVEMENTS obligation exceeded that amount. 3. Subsequently, STATE and CITY entered into an Amendment A -1 to Agreement (District Agreement No. 12 -335 A -1, Document No. 014539) on September 28,1999, said Amendment A -I defining the terms and conditions of a cooperative project to revise specified amount in Article 15 of Section I from $1,341,820 to $1,368,267. 4. The purpose of this Amendment A -2 to Agreement is to provide a refund to STATE for the complete removal and disposal of forms and completion of concrete finishing work performed on CITY's behalf for which CITY was previously paid. IT IS THEREFORE MUTUALLY AGREED: The STATE has fulfilled its obligation in the amount specified in Article 15 of Section I of the Agreement No. 12 -335 and by subsequent Agreement No. 12 -335 A -1. 2. The CITY will reimburse STATE, in the amount of $14,400, for the complete removal and disposal of forms and completion of concrete finishing work. (Ref. EXHIBIT A -2) 3. The other terms and conditions of Agreement No. 12 -335 (Document No. 014210) and Agreement No. 12 -335 A -1 (Document No. 014539) shall remain in full force and effect. This Amendment A -2 to Agreement is hereby deemed to be a part of Document No. 014210. STATE OF CALIFORNIA Department of Transportation JEFF MORALES Director of Transportation BY: GAIL FARBER Acting District Division Chief Design District Agreement No. 12- 335 -A2 CITY OF NEWPORT BEACH BY: Mayor Attest: City Clerk APPROVED AS TO FORM AND PROCEDURE: APPROVED AS TO FORM: Attorney Department of Transportation CERTIFIED AS TO FORM AND PROCEDURE: Accounting Administrator CERTIFIED AS TO FUNDS: District Budget Manager FA City Attorney 0 EXHIBIT A2 COST SUMMARY STATE ALLOCATION OF CONSTRUCTION COST • District Agreement No. 12- 335 -A2 STATE ALLOCATION FROM COOP AGMT 12 -335 = $1,341,820 ADDITIONAL STATE ALLOCATION (COOP AGMT 12- 335 -A1)= $26,447 CITY REIMBURSEMENT (COOP AGMT 12- 335 -A2)= ($14,400) TOTAL STATE ALLOCATION OF CONSTRUCTION COST = $1,353,867 12 -ORA -1 KP 31.80 (PM 19.76) Drainage Improvements within the Route 1 / Route 55 Interchange 12221 - 074801(074811) District Agreement No. 12 -335 A -1 AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT, entered into on sep ft'4zr 22 1991 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 municipal corporation of the State of California, referred to herein as CITY RECITALS Districttfgr&,ment No. 12- 335 -A1 1. STATE and CITY entered into an Agreement (District Agreement No. 12 -335, Document No. 14210) on May 27, 1998, said Agreement defining the terms and conditions of a cooperative project to construct drainage improvements on Route 1 as a contract change order for the Route 55 /Route 1 separation project, referred to herein as "IMPROVEMENTS ". 2. Said Agreement sets STATE's total IMPROVEMENTS obligation at $1,341,820 and it has been determined that STATE's total IMPROVEMENTS obligation will exceed that amount. 3. The purpose of this Amendment A -1 is to increase STATE's total obligation for IMPROVEMENTS. IT IS THEREFORE MUTUALLY AGREED: 1. The amount specified in Article 15 of Section I of the Agreement shall be revised from $1,341,820 to $1,368,267. See EXHIBIT Al. 2. The amount specified in Article 1 of Section II of the Agreement shall be revised from $1,341,820 to $1,368,267. See EXHIBIT Al. 3. EXHIBIT B of the Agreement shall be deleted in its entirety and replaced with the attached revised EXHIBIT Al. 4. The other terms and conditions of Agreement No. 12 -335 (Document No. 14210) shall remain in full force and effect. This Amendment A -1 to Agreement is hereby deemed to be a part of Document No. 14210. a • Districttlgreement No. 12-335-Al �^* Via.._ ' IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation JOSE MEDINA I we", Am District Division Chief Design Approved s to Form and Procedure: Attorney Department of Transportation Certified as to Form and Procedure: Acc unting Administrator Certified as to Funds: District Budget Manager CITY OF NEWPORT BEACH BY: ayor Attest: '7lh_t )• A-6 9) City Clerk City Attorney DistrPAg3eement 12- 335 -A1 EXHIBIT Al "IMPROVEMENTS" COST SUMMARY ACTUAL CONSTRUCTION COST POTHOLING FOR UTILITIES = $19,050 CONSTRUCT RCB = $1,277,922 EPDXY COATING OF RE -BAR = $75,807 ELIMINATE SHORING DOWNSTREAM END = ($4,512) TOTAL = $1,368,267 ADDITIONAL REIMBURSEMENT TOTAL CONSTRUCTION COST = $1,368,267 ALLOCATION FROM COOP AGMT 12 -335 = $1,341,820 ADDITIONAL REIMBURSEMENT (COOP AGMT 12- 335 -A1)= = $1,368,267 - $1,341,820 = $26,447 FUNDING CONTRIBUTION TOTAL CONSTRUCTION COST = $1,368,267 STATE'S SHARE _ $1,368,267 CITY'S SHARE _ $0 TOTAL = $1,368,267 STATE'S DEPOSIT DEPOSIT = TOTAL CONSTRUCTION COST / DURATION OF CONSTRUCTION = $1,368,267 / 5 MO = $273,653 INITIAL DEPOSIT = $268,400 REMAINING CONTRIBUTION = $26,447 CITY OF NEWPORT BEACH MINUTE EXCERPT CITY COUNCIL MEETING September 27, 1999 ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil Absent: Noyes 10. ARCHES INTERCHANGE STORM DRAINAGE IMPROVEMENTS - AMENDMENT TO COOPERATIVE AGREEMENT WITH CALTRANS (C- 2886). 1) Approve Amendment to Cooperative Agreement No. 12- 335 -A1 with Caltrans increasing reimbursement to City by $26,447; 2) authorize the Mayor and City Clerk to execute the Amendment on behalf of the City; and 3) approve a Budget Amendment (BA -015) increasing revenue to the Contributions Fund by $26,447 and appropriating the same amount to Account No. 7251- C5100199. Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes CERTIFIED AS A TRUE AND CORRECT COPY City Clerk of the City of Newport Beach DATE: `l i-"19 I: \Users \Clk \Shared\Forms\Minute excerpt - certified copy.doc OF DEPARTMENT OF TRt DISTRICT 12 3347 MICHELSON DRIVE, SUITE 100 IRVINE, CA 92612 -1692 June 18, 1999 Mr. Don Webb Public Works Director City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, CA 92658 -8915 Dear Don: 1 ` JUN 2 3 is L, SIC GRAY I enjoyed meeting with you and staff to tour a portion of beautiful Newport Beach; in particular, the new "Arches" interchange. The flag issue is a simple one, in that by State statute the flags of the United States of America and the State of California may be placed on sidewalks within State right -of -way. Encroachment permits are not required within city corporate boundaries; however, Caltrans should approve the method of installation. I have already done that. We also discussed the banner that the City would like to be displayed on the four light standards on the bridge. Please provide me the content you intend to display. Keep in mind we can not allow commercial advertising on banners. If you have any further questions, please contact me at (949) 724 -2659. Sincerely, l J EPH HECKER istrict Division Chief Operations and Maintenance 12-OR-A-1 KP 31.80 (PM 19.76) 61421-0 Drainage Improvements within the Route 1 / Route 55 Interchange 12221- 074801 District Agreement No. 12 -335 COOPERATIVE AGREEMENT This AGREEMENT, entered into on 19�Lt, 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 municipal corporation of the State of California, referred to herein as CITY District Agreement No. 12 -335 5 -1t -1g RECITALS STATE and CITY pursuant to Street and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. CITY has awarded a construction contract for constructing improvements at the interchange of State Route 1 (Pacific Coast Highway) and State Route 55 (Newport Boulevard) consisting of rebuilding the Route 55/Route 1 separation, widening the Newport Channel bridge and reconstructing various on/off ramps, which is being constructed referred to herein as "PROJECT" (EA 038901). 3. STATE desires an improvement consisting of drainage improvement on Route 1 in a later schedule. A portion of this drainage improvement is within the limits of CITY's PROJECT. 4. To minimize traffic disruption, CITY and STATE desire to include the said portion, referred to herein as "IMPROVEMENTS ", into CITY's PROJECT as a contract change order. The limits of IMPROVEMENTS are shown in Exhibit A. 5. STATE accepts CITY's offer to prepare the supplemental Project Report (PR), environmental permits, and Plans, Specifications and Estimate (PS & E), and to administer the contract change order for IMPROVEMENTS. 6. The parties hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be designed, constructed, and financed. I 0 0 District Agreement No. 12 -335 7. Project development and construction responsibilities for PROJECT are defined in Cooperative Agreements executed by STATE and CITY on June 27, 1996 (District Agreement No. 12 -246, Document No. 013483), and on March 5, 1997 (District Agreement No. 12 -309, Document No. 013767). 8. IMPROVEMENTS are to be constructed entirely within STATE's existing right of way and purchase of additional right of way is not required. SECTION I CITY AGREES: 1. To fund one hundred percent (100 %) of all preliminary design and construction engineering costs for IMPROVEMENTS. 2. To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as more specified in Articles (3) and (4) of Section III of this Agreement. 3. To have a supplemental Project Report (PR), environmental permits, and detailed Plans, Specifications and Estimate (PS & E) prepared for IMPROVEMENTS at no cost to STATE and to submit each to STATE for review and approval at appropriate stages of development. Supplemental Project Report, final plans and special provisions shall be signed by a Civil Engineer registered in the State of California. 4. To identify and locate all utilities within the IMPROVEMENTS area as part of its design responsibility. All utilities not relocated or removed in advance of construction shall be identified on the IMPROVEMENTS plans and specifications. 2 0 Diict Agreement No. 12 -335 5. To identify and locate all high and low risk underground facilities within the IMPROVEMENTS area and to protect or otherwise provide for such facilities, all in accordance with STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way." 6. If any existing public and/or private utilities conflict with IMPROVEMENTS construction or violate STATE's encroachment policy, CITY shall make, at CITY's expense, 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. Total costs of such protection, relocation or removal shall be in accordance with STATE policy and procedure. 7. 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 facilities within STATE's right of way and that such work will be completed prior to commencement of construction of IMPROVEMENTS. This evidence shall include a reference to all required State highway encroachment permits. 8. To administer the construction contract change order for IMPROVEMENTS and have the PROJECT construction contractor furnish and install IMPROVEMENTS as requested by STATE. 9. To construct IMPROVEMENTS in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. 10. Contract administration procedures shall conform to the requirements set forth in STATE's Construction Manual, Local Assistance Procedures Manual, and the encroachment permit for construction of IMPROVEMENTS. 3 District Agreement No. 12 -335 11. Construction within the existing or ultimate STATE right of way shall comply with the requirements in STATE's Standard Specifications and IMPROVEMENTS Special Provisions and in conformance with methods and practices specified in STATE's Construction Manual. 12. Surveys for IMPROVEMENTS shall conform to the methods, procedures, and requirements of STATE's Survey Manual and STATE's Staking Information Booklet. 13. Materials testing and quality control shall conform to STATE's Construction Manual and STATE's 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 cost to CITY, except as noted herein. Approval of the type of asphalt and concrete plants shall be by STATE, at STATE expense. 14. Upon completion and acceptance of the final PS & E for IMPROVEMENTS, CITY shall provide all plans prepared by CITY or CITY's consultant, including the Engineer's electronic signature and seal, on CD -ROM using Micro Station Release 5.5 Agn files. STATE reserves the right to modify the CD -ROM requirements and STATE shall provide CITY advance written notices of any such modifications. 15. The estimated construction cost of IMPROVEMENTS is $1,341,820, and such cost shall not be exceeded unless additional funds are provided by STATE and the exceeded amount is agreed to by written Amendment to this Agreement. 16. To furnish, at CITY 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 for the construction of IMPROVEMENTS. El 0 0 District Agreement No. 12 -335 17. To furnish, at CITY expense and subject to approval of STATE, qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soil and foundation tests, measurement and computation of quantities, testing of construction materials, checking 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 support staff shall be independent of the design engineering company and construction contractor, except that the IMPROVEMENTS designer may check the shop drawings, do soil and foundation tests, test construction materials, and do construction surveys. 18. Within sixty (60) days following the completion and acceptance of IMPROVEMENTS construction contract by CITY, CITY shall provide to STATE one set of as -built plans on CD -ROM using Micro Station Release 5.5 Agn files, and one set of as -built drawings on microfilm, and all contract records, including survey documents. 19. If CITY terminates IMPROVEMENTS prior to completion of the construction contract for IMPROVEMENTS, STATE may require CITY, at CITY 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 IMPROVEMENTS or place IMPROVEMENTS 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 apportionments due CITY from the Highway Tax User Fund. 5 • i District Agreement No. 12 -335 20. To submit billing in the amount of $268,400 to STATE within thirty (30) days upon execution of this Agreement and prior to commencement of any work performed by CITY, which figure represents STATE's initial deposit for one month estimated construction costs required for IMPROVEMENTS. 21. Thereafter, to prepare and submit to STATE monthly billing statements for estimated construction costs one month in advance as construction of IMPROVEMENTS proceeds. 22. Upon completion of PROJECT construction and all works incidental thereto, to furnish STATE with a detailed statement of the direct costs to be borne by STATE for IMPROVEMENTS construction. CITY thereafter shall refund to STATE, promptly after completion of CITY's final accounting of IMPROVEMENTS costs, any amount of STATE's deposits required in Section II, Articles (6) and (7) remaining after actual direct costs to be borne by STATE have been deducted, or to bill STATE for any additional amount required to complete STATE's financial obligations pursuant to this Agreement. 23. To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of FHWA payment of final voucher, or four (4) years from date of final payment under the contract, whichever is longer, all records and accounts relating to installation of IMPROVEMENTS. STATE AGREES: SECTION II 0 Ll District Agreement No. 12 -335 1. To fund one hundred percent (100 %) of the construction costs for IMPROVEMENTS. STATE's total obligation for said anticipated IMPROVEMENTS costs shall not exceed $1,341,820. 2. 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 (3) and (4) of Section III of this Agreement. 3. To provide, at no cost to CITY, a STATE Project Coordinator to coordinate and promptly review the work of CITY and its consultant, if any, during the preparation of supplemental PR and PS & E for IMPROVEMENTS. 4. To provide, at no cost to CITY, oversight of all right of way activities undertaken by CITY, or its designee, pursuant to this Agreement. 5. To provide, at no cost to CITY, a qualified STATE representative who shall have authority to accept or reject work and materials for IMPROVEMENTS 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 issued to CITY and/or CITY's contractor. 6. To deposit with CITY, within 30 days of receipt of billing therefor, the amount of $268,400, which figure represents STATE's initial deposit for one month estimated construction costs required for IMPROVEMENTS. 7. To deposit with CITY, within thirty (30) days of receipt of monthly billing statements from CITY, the estimated expenditures for that month, and to continue making such 7 • District Agreement No. 12 -335 advance deposit on a monthly basis until completion of IMPROVEMENTS construction. 8. To require the utility owner and/or its contractors performing the relocation work within STATE's right of way to obtain a STATE encroachment permit prior to performance of said relocation work. SECTION III IT IS MUTUALLY AGREED: L 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. All applicable procedures and policies relating to the use of Federal funds or State gas tax funds shall apply notwithstanding other provisions of this Agreement. 3. Construction of IMPROVEMENTS shall not be commenced until contract change order plans involving such work and plans for utility relocations have been reviewed and approved by signature of STATE's District Director of Transportation, or the District Director's delegated agent. 4. CITY shall not construct any portion of IMPROVEMENTS within the existing STATE right of way until after an encroachment permit has been issued to CITY by STATE. M • District Agreement No. 12 -335 5. After negotiation of cost for construction contract change order for IMPROVEMENTS, STATE's estimate of cost will be revised based on actual prices. 6. In the construction of said work, representatives of CITY and STATE will cooperate and consult with each other, and all work shall be accomplished to the satisfaction of STATE's representative. 7. CITY shall provide a claims process acceptable to STATE and shall process any and all claims through CITY's claims process. The STATE representative shall be made available to CITY to provide advice and technical input in any claims process. 8. 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 IMPROVEMENTS 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 vehicles, the construction contractor's equipment and vehicles and/or vehicles of the personnel retained by CITY and for the protection of the traveling public from injury and damage from such vehicles or equipment. 9. Upon completion of construction of IMPROVEMENTS to the satisfaction of the STATE's representative, STATE will accept and maintain IMPROVEMENTS. 10. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed will automatically be vested in STATE. No further agreement will be necessary to transfer ownership to STATE. 11. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties to this Agreement or affect the legal liability of either party 9 • 0 District Agreement No. 12 -335 to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 12. Neither STATE or 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 810.8) 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. 13. Neither CITY or 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 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 810.8) 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. 14. 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. 10 District Agreement No. 12 -335 15. Except as otherwise provided in Article (14) above, this Agreement shall terminate upon completion of construction of IMPROVEMENTS and upon final payment to CITY by STATE, pursuant to Section 11, Article (6) of this Agreement, or on December 31, 2002, whichever is earlier in time; however, the ownership, operation, maintenance and liability clauses shall remain in effect until terminated or modified in writing by mutual agreement. 11 0 District Agreement No. 12 -335 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation BY: J ' KENNE H .NELSON a , District Division Chief Design Approved as to Form and Procedure: Atto Department of Transport tion Certified as to Form and Procedure: Accounting Administrator Certified as to Funds: District Budget Manager 0142,10 CITY OF NEWPORT BEAC BY: Mayor Attest: " c a� V' - " DF,Qu'(i City Clerk 12 Approved as t-Q Form: City Attorney M M O N C? M Z ~ a CO I W _ d ^ I U X a I W I v N � � I N I I I O I I Cn Q Z W I I j Ln Q �' H J I � i i l 1 cr 0 O >- a a a0 w w Z EXHIBIT B PROJECT COST SUMMARY FUNDING CONTRIBUTION TOTAL CONSTRUCTION COST = $1,341,820 STATE'S SHARE = $1,341,820 CITY'S SHARE = $0 TOTAL = $1,341,820 STATE'S DEPOSIT DEPOSIT = TOTAL CONSTRUCTION COST / DURATION OF CONSTRUCTION = $1,341,820 / 5 MO = DEPOSIT = $268,364 $268,400 City of Newport Beach � `%i 1� 1'1�- City Council Minutes l'. �qn CILM OF THE cm of Hw"0111 NCO May 11, 1998 wa CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL AND REGULAR MEETINGS OF APRIL 27, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES ANh full of all ordinances and resolutions Clerk to read by title only. ORDINANCE FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City ORDINANCE NO. 98 -10 ADDING TERRITORIES KNOWN AS "SEAWARD" AND "SHELTON' TO COUNCIL DISTRICT SIX. Adopt Ordinance. RESOLUTION FOR ADOPTION 4. RESOLUTION NO. 98 -29 AMENDING PARKING TIME LIMITS ON BAYVIEW WAY. Adopt Resolution limiting the parking of vehicles on certain streets and rescinding Resolution No. 97 -84. CONTRACTS AND AGREEMENTS 5. NEWPORT BOULEVARD AND COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS (C- 2886). Approve a Cooperative Agreement with the State of California to provide for the addition of storm drain work to the Arches Interchange Contract and authorize the Mayor and the City Clerk to execute the agreement; authorize an amendment to the Cooperation Agreement with the County Sanitation District of Orange County (CSDOC) to add sewer relocation work required by the storm drain construction; approve a change order with Brutoco Engineering and Construction, Inc., to add the storm drain and utility relocation work to the Arches contract; authorize an amendment to the professional services agreement with MK Centennial to provide additional constructions management services for the storm drain construction and utilities relocation work; and approve budget amendments (BA -067) necessary to appropriate funds for the storm drain construction and utility relocation work. 6. LICENSE RENEWAL WITH SHERIFF'S DEPARTMENT FOR SIGNAL PEAK COMMUNICATIONS FACILITY. Approve the execution of a renewal agreement for the Police Department to continue operating its communications equipment from Signal Peak. COMPLETION AND ACCEPTANCE OF MARGUERITE AVENUE SEWER MAIN IMPROVEMENT PROJECT (C- 3171). Accept the work; authorize the City Clerk to file a Notice of Completion; City Clerk to release the "Performance Bond" 35 days Volume 52 - Page 19 and authorize the after the Notice of INDEX Ord 98 -10 Seaward/Shelton Annexations (21) Res 98 -29 Bayview Way Parking (85) C -2886 BA -067 Arches Interchange/ Newport Blvd & Coast Highway (38(40) C -3211 Signal Peak Communications Facility (38) C -3171 Sewer Main Improvement/ Marguerite Ave City of Newport Beach City Council Minutes May 11, 1998 S26. AVIATION COMMITTEE APPOINTMENT appointment of Pete Drummond as the District Committee. INDEX Confirm John Hedges' Aviation Committee Alternate to the Aviation (24) Motion by Mayor Pro Tern O'Neil to approve the Consent Calendar, except for the item removed (10, 12, 16, and 17). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. AWARD OF CONTRACT FOR THE RECLAIMED WATER PUMP STATION FOR THE NEWPORT BEACH COUNTRY CLUB AND BIG CANYON COUNTRY CLUB (C- 3186). 12. R:1 Dolores Otting stated that she visited Big Canyon Country Club and was disappointed with the condition of the greens. In response to her questions, City Attorney Burnham stated that the City has an agreement with IRWD that limits the amount of reclaimed water discharged into the Bay. Motion by Council Member Glover to approve the plans and specifications; award contract to F.T. Ziebarth Company for the total price of $621,700 and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $31,000 to cover the cost of materials testing and additional work; and approve budget amendment (BA -066) transferring funds in the amount of $99,370 from the Big Canyon Reservoir Disinfection Modification account to the Reclaimed Water Irrigation Improvement account. Without objection, the motion carried by acclamation. PLANNING COMMISSION AGENDA FOR MAY 7, 1998. Motion by Council Member Glover to pull Tentative Tract 15609 and Modification 4688 [April 23 Planning Commission Meeting] for Council action at the May 26 meeting and receive and file the remainder of the May 7, 1998, Planning Commission Agenda. City Manager Murphy reported that this project was listed at the last Council meeting and that, within the period that it can be called up, Council Member Glover notified the Planning Director with concerns. He stated that this requires Council ratification under the call policy. Substitute motion by Council Member Hedoes to move this matter to the end of the meeting until more information can be reviewed. Following discussion, the substitute motion carried by acclamation. PROPOSED SPONSORSHIP OF TRASH RECEPTACLES IN NEWPORT BEACH. Dolores Otting questioned the recommendation, expressing the opinion that the current beach receptacles are unsightly. She noted that the City can make revenue from the sponsorship. Volume 52 - Page 21 C -3186 BA -066 Reclaimed Water Pump Station (38/40) Planning (68) Trash Receptacles (44) Calfrans Prepared Michael A. Registered Subrr tted by Recommende for Approval �o Wd 7L / —02-c) 12- ORA -55 /1 12- ORA -55, I:KP 0.13 -0.97; 31.71 -32.08 12208- 038901 $11.22 Million Fact Sheet EXCEPTIONS TO ADVISORY DESIGN STANDARDS Engineer �QRDf ESS,p,�� Michael A. Kraman No. C44030 * EXP. 6/30/97 sTgjF OF v t k- CAVE (714) 979 -2055 ate Telephone 4 Z3 97 (714) 724 -2131 Date Telephone Concurrence by Al ,1397 (714) 724 -2816 Alan Williams, Branch Chief, Design Branch C Date Telephone Approved by Frankein, Office Chief, State and Local Project Design Date PROPOSED PROJECT AND NONSTANDARD FEATURES A. PROJECT DESCRIPTION The City of Newport Beach, lead agency for this project, in cooperation with Caltrans, is proposing bridge construction improvements for the Pacific Coast Highway (PCH)/Newport Boulevard (State 1 State Route 55) interchange to alleviate congestion and implement safety and operational improvements. Improvements on Route 55 extend from Hospital Road to Via Lido (KP 0.13 to 0.97) and on Route 1 from Hoag HospitaUBalboa Coves to just east of the separation structure (KP 31.71 to 32.08) B. NONSTANDARD FEATURE The proposed bridge railing on the SR- 55 /SR -1 separation is a combination vehicular and pedestrian railing consisting of a concrete barrier railing with a tubular metal handrailing. Fence - type railing is not provided. C. STANDARD FOR WHICH EXCEPTION IS REQUESTED HDM Index 208.10 states fence -type railings should be installed along new overcrossing sidewalks in urban areas. D. EXISTING HIGHWAY Newport Boulevard (State Route 55) The proposed project widens Newport Boulevard to provide northbound and southbound acceleration lanes from the loop ramps connecting from Pacific Coast Highway. The SR- 55 /SR -1 separation structure is replaced. The new separation structure provides a 4.9 m wide median, 0.6 m wide inside shoulder, three 3.6 m wide lanes, a 2.4 in wide outside shoulder and 3.6 m wide sidewalk. The project also widens the adjacent Newport Channel Bridge. The existing bridges include sidewalks in both directions. The existing bridge railings are concrete vehicle barrier railings with no additional fence -type or tubular metal railing. The west side of the Newport Channel Bridge was widened in 1991 and includes a combination vehicular and pedestrian railing consisting of concrete barrier railing and tubular metal handrailing. Pacific Coast Highway (State Route 1) Pacific Coast Highway passes below Newport Boulevard and consists of two through lanes and one exit lane in each direction. The project improves PCH to include a 3 in wide median, 0.6 m wide inside shoulders, three travel lanes 3.6 m wide, variable width outside shoulders and 2.4 m wide sidewalks. E. SAFETY IMPROVEMENTS The proposed project includes the addition of an acceleration lane both northbound and southbound on Newport Boulevard which improves the existing merging condition. The 3.6 m wide sidewalks improve corner site distance at the ramp termini from southbound PCH to southbound Newport Boulevard. The tubular handrailing will be constructed to a height of 1.4 m which is the recommended height for bicyclists. R TOTAL PROJECT COST Cost of the proposed project is estimated at $11.22 million. Total Roadway Items $6,709.240 Total Structure Items $4.514.000 Construction Total $11,223,240 2. REASON FOR REQUESTING EXCEPTION The new SR- 55 /SR -1 separation and the improvements surrounding it will provide an entry statement for the City of Newport Beach, the Balboa Peninsula community and the Mariner's Mile business district. The City has conducted several community workshops to develop aesthetic treatments for the project including bridge and retaining wall enhancements as well as landscaping improvements. Fence -type railing does not fit the image that the city and community are trying to create for the Arches Interchange. The Public Works Director, in his 28 years at the city, is not aware of any incidents by pedestrians crossing the bridge that would warrant the installation of a fence -type railing. 3. ADDELL COST TO MAKE STANDARD The cost to provide fence -type railing is actually less than the proposed tubular metal handrailing. Tubular Metal Handrailing $28,080 Fence -Type Railing $21,060 TRAFFIC DATA The forecasted post - 2015 peak hour traffic volumes at the SR- 55/SR -1 separation are as follows: Northbound Newport Boulevard 2900 am peak 1600 pm peak Southbound Newport Boulevard 1300 pm peak 2600 pm peak • • Northbound PCH 1250 am peak 2450 pm peak Southbound PCH 2300 am peak 2000 pm peak ACCIDENT ANALYSIS On Newport Boulevard, total accidents on SR- 55 /SR -1 separation are higher than average (6.16 actual vs. 4.2 average). On Pacific Coast Highway, northbound fatal plus injury and total accidents are higher than average (1.83 and 4.24 vs. 1.15 and 2.80, respectively). 6. INCREMENTALIMPROVEMENTS There are no practicable alternatives between this project and the full standard solutions. FUTURE CONSTRUCTION There are no future identified projects which would eliminate the proposed nonstandard design feature. The concrete barrier portion of the proposed combination vehicular and pedestrian railing will be designed to allow a future retrofit to replace the tubular metal hand railing with a fence -type railing if it is warranted in the future. PROJECT REVIEWS, CONCURRENCE This exception from Advisory Design Standards was addressed in correspondence between the City of Newport Beach and Caltrans. Copies of these letters are attached. ATTACHMENTS 1. Location Map 2. Project Layout 3. Sketch of Proposed Bridge Railing (2 sheets) 4. City of Newport Beach letter dated October 10, 1996 5. Caltrans District 12 letter dated November 6, 1996 Los Angeles County I I Brea rd — <, Fullerton i Cypreeg / Or' 0 r � Carden Grove thle Santo Ana O,. e a. o� Fountain = Valley —�1 Son Bernardino \Courtly Placentia \ Tustin NUntirV �er cast B�df � Newport Beach y. �4 Ca Project ' Location Laguna Beach � Laqurw Niquel Pacific Ocean. Dena Point © Son I \ ",rai, County I ` I \ 17 1 Vol I LNatla+nl `� I � simian \eer Viejo Juan Capistrano, — — J ! San Diego County STATE ROUTE 1 (PACIFIC COAST HIGHWAY)/ STATE ROUTE 55 (NEWPORT BOULEVARD) INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS IN CITY OF NEWPORT BEACH L0017jIDIV M4P A1TACtiA/FM f 0 ---- 7""o wt a /- S III l , mr Ull All, I LEGEND RAISED WGIAN NEW PIVE)l(ENT niAIIM WALL a PAVELCE)IT REMNSTRUCTION PAVEMENT OVERLAY SIODALKYWALkWAY COA417OOR GRADING ANDIOR LANDSCAPING PARKING LOT ml STRUCTLRE RETAINING WALL OR SOOKONIMLL ---- 7""o wt a /- S III l , mr Ull All, I LEGEND RAISED WGIAN NEW PIVE)l(ENT niAIIM WALL PAVELCE)IT REMNSTRUCTION PAVEMENT OVERLAY SIODALKYWALkWAY COA417OOR GRADING ANDIOR LANDSCAPING PARKING LOT ml STRUCTLRE RETAINING WALL OR SOOKONIMLL c l, NEWPORT i BOULEVARD (SRSS)/ .4i�, Aft, �, PACIFIC COAST HIGHWAY (SRI) C17Y OF NEWPORT BEACH m®r e t m Y 6 i �N 'a rb W �o r �g va N, ayy� V U LL G aJZ 3�N as .ab 0z 20 Gig C� �' -- b 00 co �a O0. f 621 u 0 a s a 1 L b O �i W X NmN_ Q v ca ca Z) • q P� or b X b C C F� _J x k 1k 7k 4 *k Q 01 Q Q b$ 3 o, k 250 r E� �3 / J ti 43 v @i C r b T C x m gR 4 0 v aV C '^ x i � J J Ha mF Q O$ S<O W < W u ;CU CU da 0� 0 oop F - m v 1 \x V �h w: u a 0 •U ql R x u O� s� Ns O � t.i U ti b m x �R m 1 O ONZw � S ELM W O W 7 m K 3i 0 J m m MAI[!no N �O LL z r W O � � upl N w q7� IE F - m v 1 \x V �h w: u a 0 •U ql R x u O� s� Ns O � t.i U ti b m x �R m 1 O ONZw � S ELM W O W 7 m K 3i 0 J m m m N �O LL z r W O � � upl N w LLJ_ rN - IE u SW o m LLLL uq'ou1 y, 0 ;Wg µff 0 n k U b J O N U \ W 1 to ivti m F n • xm R)V x x V 0 oif F o k EZ Ri O qu U Y W 4 p U-1 h -mU 0 ~ m 0 o R a CD W w o a z w w o Of o CJ z � c c F b z 3 o � 3 to avw oL cF/ z� r- - �gyZ T LLJ_ rN - 0 �m z O N W a w a r n Lo m w co W K U z o O pg� W¢ �¢ Rio aw U Y W 4 p U-1 h -mU 0 ~ m 0 o R a CD W w o a z w w o Of o CJ z � c c F b z 3 o � 3 to avw oL cF/ z� 1 IMP a� 4� S W V z z- wm 10 Ga 8 z IOv �h F N a a, v y Q 0 W ti J W IS Q,0 Y Lis E0 N (y 4 }� I I I p y Q h O F N a a, v y Q 0 W ti J W IS Q,0 & Lis E0 N (y 4 I I I p y Q h O Qj W F N a a, v y Q 0 W ti J W IS Q,0 & F O E0 N a0 I I I p y O yq C sF�_ O L99 I o Co h 2 g a 54 0 _J h Q 2 U J N N & F O N g�; 8 MQu N yq O N si i x ti E r a � 09 Q 0 Z J J J • a I as W _- si Z 0 O //O^^ V Q Z IL W i � Q � Z � 2 �g m r� i o 0 n S9 o a s! U w = N Y LLJ 8 = m 3 V OF -J R OQ% m 0d �w o LLI IO QZZ w 9 w 0 lavo�� N F a teavnri 6ELE -n+i I iwane low"-i n=lvnau"% S� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443311 October 10,1996 Walt Hagen District Division Chief - Design/Construction 2501 S. Pullman Street Santa Ana, CA 92705 Subject: Arches interchange Bridge Design (State Route 1 155) Dear Mr. en;/ J During the design review for the bridge over Coast Highway (State Route 1), which is a part of the bridge selection process, an issue has come up that could impact the aesthetics of the project. Section 208.10 - Bridge Railing of the Highway Design Manual provides for two railing options: 1) a tubular hand railing or 2) a chain link railing. The City will allow bicycles on the 3.93 meter (12 foot) wide sidewalk, so a 1.400 meter (55 inch) railing height is needed. The City proposes to use a.tubular hand railing to match the railing design constructed on the adjacent Newport Channel bridge in 1990. This railing type is shown on the attached "as constructed" bridge plans marked Exhibit A and A -1. Exhibit B shows the proposed typical section for the new bridge over Coast Highway. It is my understanding that comments have been received from the Sacramento Structural Division indicating that a 1.8 to 2.1 meter (6 -8 foot) chain link railing may be required. The City strongly opposes this type of railing. This new bridge and the improvements surrounding it will provide the entry statement for our community. The City has an opportunity to create an aesthetically pleasing public improvement that will be viewed by thousands of community members and visitors each day. Chain link fencing does not fit into the image that the City is trying to create for the Arches Interchange. Exhibit C is a rendering showing the conceptual bridge that is being proposed. Exhibit D has been modified to show the impact of a chain link railing. The existing bridge over Coast Highway (SR 1) has been in place since 1936. In my 28 years with the City, I am not aware of any instances of pedestrians crossing the bridge that would warrant the installation of a chain link railing. In addition, the presence of a chain link railing would impact sight distance at the ramps at either end of the bridge. It is requested that tubular hand railings without chain link be allowed for both the Coast Highway Overcrossing Bridge and the Newport Channel Bridge. I will be available to meet with you and your staff to discuss this matter. Please give me a call at 64 -3311 if you need more information to support our request. Very truly }'our Don Webb Public Works Director cc: Kevin J. Murphy, City Manager Attachments 3300 Newport Boulevard, Newport Beach • STATE OF CALIFORNIA— BUSINESS, TRANSPORTATION AND HOV5ING AGENCY _ PETE WILSON, Go+errar DEPARTMENT OF TRANSPORTATION r-, November 6, 1996 ,, Mr. Don Webb File:03890K Director of Public Works City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Mr. Webb. Subject: ARCHES INTERCHANGE. BRIDGE DESIGN /STATE ROUTE 1/55 We refer to your letter of Octobcr 10, 1996 in connection with the provision of tubular hand railings on the Coast Highway Overcrossing Bridge and the Newport Channel Bridge. Your proposal would be acceptable provided that: • An Advisory Fact Shcet is prepared, similar to the one attached, and submitted for our approval. • Provision is made in the design for the addition of chain link railing or for the replacement of the tubular hand railing with chain link railing, should this be necessary in the future. Should you require any further information, please contact Frank Lin on my staff at 724- 2126. 1a�1Wi<oa -na CLARENCE OHARA Acting District Division Chief Design N. IL CITY GF PI:N ?;Rr BEACH FEB I OW] TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT 011 oio (qo) February 10, 1997 CITY COUNCIL AGENDA ITEM NO. 10 SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886; APPROVE AMENDMENT NO. 3 WITH MOFFATT & NICHOL AND APPROVE THE COOPERATIVE AND REIMBURSEMENT AGREEMENT WITH COUNTY SANITATION DISTRICT NO. 5 RECOMMENDATIONS: 1. Approve Amendment No. 3 to the consultant agreement with Moffatt & Nichol Engineers, and authorize the Mayor and the City Clerk to execute the Amendment. 2. Approve a Cooperation and Reimbursement Agreement with County Sanitation District No. 5 of Orange County, and authorize the Mayor and the City Clerk to execute the Agreement. I d � , Authorize a budget amendment to provide for a $172,100 contribution fr� is Sanitation District No. 5 of Orange County by adjusting revenues to the Contributions //JY Fund and appropriate this amount to Account No. 7251- C5100199. 7� jr3 DISCUSSION: On April 22, 1996, the City Council approved a consultant agreement with Moffatt & Nichol Engineers (M &NE) to provide final design engineering services for this project. Compensation in the amount of $985,000 was authorized to cover the cost of professional fees and reimbursables. On December 9, 1996, the City Council approved Amendment No. 2 to the Consultant Agreement with M &NE. The amendment covers the estimated $397,540 cost to design and construct 5 items of work on County Sanitation District No. 5 of Orange County ( CSDOC) facilities in conjunction with the improvements that are proposed for the "Arches" project. CSDOC now wishes to construct a new sewage pump station to replace a 60 -year old Via Lido pump station that is located on the northerly corner of Short Street and Newport Boulevard. The new pump station would be located within the City park that will be built on the site of a former Chevron service station (see attached Exhibit "A "). On January 13, 1997, the City Council approved a soil contamination indemnification agreement with Chevron as a component of the park site purchase. Assuming that no major obstacles arise, staff anticipates that the purchase of the former Chevron site will be completed during March of this year. COOPERATION AND REIMBURSEMENT AGREEMENT THIS COOPERATION AND REIMBURSEMENTAGREEMENT is made this day of 1997, by and between: COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA (hereinafter referred to as "District") MR CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City "). RECITALS: WHEREAS, City is proposing to purchase the property at 3531 Newport Boulevard along the southwest corner of Newport Boulevard and Short Street within the City of Newport Beach (hereinafter referred to as "Project Site "); and WHEREAS, City is proposing to widen Newport Boulevard between Short Street to the south to a location north of Pacific Coast Highway (hereinafter referred to as "City's Project'); and; WHEREAS, said widening improvements will impact existing District Facilities, including the Lido Pump Station located at the northwest corner of Newport Boulevard and Short Street; and; WHEREAS, District desires to relocate its Lido Pump Station to the property at 3531 Newport Boulevard (hereinafter referred to as "New Pump Station "); and WHEREAS, City is proposing to construct a park at 3531 Newport Boulevard. NOW, THEREFORE, BE IT RESOLVED between City and District as follows: 2000.00020 39226_5 JRS:cjs:1/22197 r Section 1. Elements of Agreement. City and District shall work cooperatively together so that City can meet its award of contract deadline for the City's Project prior to July I, 1997. City will grant an easement to District to enable District to locate District's New Pump Station at the Project Site. The site plan, attached as Exhibit Wand incorporated herein by reference, depicts the approximate locations of District's existing Lido Pump Station and New Pump Station. The specific terms and conditions governing the elements of this Agreement are set forth hereinafter. Section 2. City's Specific Obligations. City shall: (a) contract for design services for the design of the New Pump Station, extension of force main and gravity sewer systems and demolition of existing Lido Pump Station. The firm of Moffitt & Nichol Engineers (hereinafter referred to as "Consultant ") shall be retained for this purpose through an amendment to their existing Consultant Agreement with City which covers final design of City's Project. City shall present the draft design plans for the New Pump Station, extension of force main and gravity sewer systems and the demolition of the existing Lido Pump Station to District for review and approval prior to finalization of the design by Consultant; (b) process an Environmental Agreement with Chevron which will require Chevron to assume all expenses required for site remediation resulting from existing soils and water contamination associated with the Project Site; 2000-00020 39226 5 JRS:cj5:12Z/97 -2- (c) reimburse the District the sum of One Hundred Seventy -nine Thousand Dollars ($179,000.00) as City's contribution to the costs of construction of the New Pump Station. This contribution equals the estimated costs of constructing modifications to the existing Lido Pump Station arising from City's Project in lieu of constructing a New Pump Station; (d) grant an easement to District at the Project Site for the purpose of constructing and maintaining the New Pump Station and sewer mains on the Project Site. Section 3. District's Specific Obligations. District shall: (a) pay to City Fifty -Six Thousand Three Hundred Dollars ($56,300.00) for purchase of an easement to construct and maintain the New Pump Station and sewer mains on the Project Site; (b) provide plan check services with respect to constructing the New Pump Station, extending the force main and gravity sewer systems, and demolishing the existing Lido Pump Station; (c) reimburse City for costs of the design of the New Pump Station and extension of force main and gravity sewer systems and demolition of existing Lido Pump Station, including addenda approved by District (estimated at One Hundred Seventy -two Thousand One Hundred Dollars ($172,100.00)); (d) assume responsibility for letting and administering a construction contract for the construction of the New Pump Station, extension of force main and 200000020 39226_5 JRS:cjs:1/2M7 -3- gravity sewer systems, and demolishing the existing Lido Pump Station; (e) obtain all necessary permits for the construction of its facilities, except any applicable coastal permits, for which City assumes responsibility. Section 4. Change Orders and Design Addendums. City and District in their respective obligations shall be given the opportunity to review and approve all design addenda and construction change orders issued by either Party pertaining to the work. Section 5. Timing of Reimbursement. When all work is completed, an accounting shall be performed by both Parties to determine the net amount owed by the respective Parties, if any, in executing their obligations under this Agreement. Upon completion of the accounting, an invoice shall be submitted to the applicable Party for the remaining amount due, if any, which said amount shall be paid within forty -five (45) days of billing. Section 6. Environmental Documentation. City shall be responsible for compliance with the California Environmental Quality Act ( "CEQA') as to all construction activity described in this Agreement. Section 7. Hold Harmless. District shall defend and hold City, its elected and appointed officials, harmless from any and all claims, damages or demands arising out of District's performance of its obligations under this Agreement. City shall defend and hold District, its elected and appointed officials, harmless from any and all claims, damages or demands arising out of City's performance of its obligations 20004)0020 3922E L5 JRS:cjs:122197 -4- under this Agreement. Section 8. Insurance. Each Party shall require the construction contractor for its construction activity to maintain a policy of public liability insurance for personal injury and property damage, including motor vehicle operators, during all times of the contract in the amounts consistent with that Party's established policies for construction agreements. Such policies shall name the other applicable Party, its officers and employees and agents as additional insured thereon. Section 9. Term. The term of this Agreement shall be in full force and effect until the specified obligations of both Parties have been fulfilled or rescinded by both Parties. Section 10. Agents. Any contractor or subcontractor performing work in connection with the work described herein on behalf of either Party shall be conclusively deemed to be the servant and agent of each respective Party employing said contractor or subcontractors hereof, acting on behalf and within the scope of such contractor and subcontractor employment for said Party. Section 11. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. 2000-00020 39226_5 JRS:cj5:1/22/97 -5- To District: County Sanitation Districts of Orange County, California Attention: Ms. Penny Kyle Board Secretary 10844 Ellis Avenue Fountain Valley, CA 92708 -7018 To City: City of Newport Beach Attention: Lloyd Dalton, P.E. 3300 Newport Boulevard Newport Beach, CA 92663 Section 12. Dispute Resolution. Any dispute arising under this Agreement shall be resolved by binding arbitration through the Judicial Arbitration and Mediation Service ( "JAMS "). Attorneys' fees and legal costs incurred in a dispute resolution shall be borne by the respective Party. Section 13, Force Maieure. Except for the payment of money, neither Party shall be liable for any delays or other non - performance resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third parties not within City's reasonable control or any law, order or requirement of any governmental agency or authority. Section 14. Governing Law. This Agreement shall be governed by the laws of the State of California in effect at the time of signing this Agreement. Section 15, Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the 2000 -00020 39226_5 JRS:cjs:12n7 -6- subject matter thereof. A waiver of a breach of the covenants, conditions or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. Alteration, change or modification of this Agreement shall be in the form of a written amendment which shall be signed by each Party. Executed this 1� -day of 1997, at Fountain Valley, California. "DISTRICT" COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL BI "CITY" (Signatures continued on Page 8) 2600.00020 39226 5 JRS:cj3:1/22/97 VA VA CITY OF NEWPORT BEACH By yor -7- ATTEST: fil City Clerk APPROVED AS TO FORM By City Attorney 20D04)DO20 39225_5 JRSx) s:1122197 40 & 0 EXHIBIT "A" PROPOSED FORCE MAIN EXISTING FORCE MAIN li�i�OF PER CITY OF NEWPORT BEACH STREET IMPROVEMENT PROJECT oaST. uoo PROPOSED EXTENSION FORCE MAIN SYSTEM PROPOSED INFLUENT SEWER — PROJECT SITE PROPOSED UNDERGROUND LIDO PUMP STATION / PROPOSED LIDO PUMP STATION I I II 'I II II II I I II II 2 it i 'I JI — is• S NORT14 0 i0 2� 0' or J a� h \ i JI 11 I � II 11 I i ji ii 11 II y II 11 II 11 II II i I�!1 r � I � 1 � II 11 i r II II — is• S NORT14 0 i0 2� 0' or • f COOPERATION AND REIMBURSEMENT AGREEMENT THIS COOPERATION AND REIMBURSEMENT AGREEMENT is made this 18th day of December , 1996, by and between: AND COUNTY SANITATION DISTRICT NOS. 5 AND 6 OF ORANGE COUNTY, CALIFORNIA (hereinafter referred to as "District ") CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City"). RECITALS: WHEREAS, City is proposing to construct improvements along Newport Boulevard between Short Street and Hospital Road within the City of Newport Beach (hereinafter referred to as "Project "); and WHEREAS, said work will entail the construction of a new bridge for Newport Boulevard to cross over Pacific Coast Highway and to widen an existing bridge over the channel south of Pacific Coast Highway, and WHEREAS, City's proposed improvements will impact certain District facilities; and WHEREAS, District desires to make certain improvements to its force main system as a part of City's road improvement plans. NOW, THEREFORE, BE IT RESOLVED between City and District as follows: Section 1. Elements of Agreement. City and District agree to cooperate in the City's Project in the following manner: (a) City and District shall work cooperatively together to so that City can meet its award of contract deadline for Project prior to July I, 1997. (b) Certain District facilities shall be constructed in connection with City's Project to include: (i) certain protective work relating to the existing force main, (ii) a second newly constructed force main, (iii) replacement of approximately 1,000 feet of 15 -inch gravity sewer with 21 -inch gravity sewer, (iv) miscellaneous adjustments to valves and manholes; and (v) maintenance vehicle turnouts. The site plans, attached as Exhibits "A through D" and incorporated herein by reference as though fully set forth herein, depicts the approximate locations of District facilities. The specific terms and conditions governing the elements of this Agreement are set forth hereinafter. Section 2. City's Specific Obligations. City Shall: (a) contract for design services for the design of (i) certain protective work to the existing force main and; (ii) a new second force main facility; (iii) replacement of approximately 1,000 feet of 15 -inch gravity sewer with 21- inch gravity sewer; and (iv) miscellaneous adjustments to valves and manholes and (v) maintenance vehicle turnouts. The firm of Moffitt & Nichol Engineers shall be retained for this purpose. City shall present the draft design plans for these facilities to District for review and approval prior to finalization by the design consultant; 2000 -00020 36408_5 JR6:cjs:11 /22/96 -2- (b) construct the second force main facilities, protect the existing force main, replace the gravity sewer and make miscellaneous adjustments to valves and manholes as identified in subsection (a) above as a part of Project. Section 3. District's Specific Obligations. District shall: (a) provide plan check and inspection services with respect to constructing the new force main, protecting the existing force main, replacing the gravity sewer, making miscellaneous adjustments to valves and manholes, and constructing new maintenance vehicle turnouts to insure compliance with design specifications; and (b) reimburse City for the additional costs of Design Work and total costs of the construction as estimated below: Description of Work Design Cost Construction Cost Protect existing force $ 9,540.00 $160,000.00 main and install parallel force main. Replace 15 -inch gravity $18,000.00 $210,000.00 sewer with 21 -inch gravity sewer, miscellaneous adjustments to valves and manholes etc. TOTAL ESTIMATED $27,540.00 $370,000.00 COSTS Section 4. Change Orders. City and District in their respective obligations shall be given the opportunity to review and approve all change orders issued by either Party pertaining to the work 2000 -00020 36408 5 JRS:cj5:11 /22196 -3- • described herein. Section 5. Timing of Reimbursement. i (a) District shall pay to the City the amount of the invoices paid by the City to Moffit & Nichols Engineers for District sewer design work within thirty (30) days of receipt of said invoices; (b) District shall pay a deposit to City in the amount of Three Hundred Seventy Thousand Dollars ($370,000.00) or an amount equal to the bid amount for with respect to construction of District sewer work, whichever is less, which deposit shall be posted within thirty (30) days after the District approves construction bids for the work. (c) When all work is completed, an accounting shall be performed by both Parties to determine the net amount owed by District which shall include five percent (5 %) of the total construction amount for construction management. Upon completion of the accounting, an invoice shall be submitted to the District for the remaining amount due, if any, which said amount shall be paid within forty -five (45) days of billing. Section 6. Environmental Documentation. City shall be responsible for compliance with the California Environmental Quality Act ( "CEQA ") as to all other construction activity described in this Agreement. Section 7. Hold Harmless. District shall defend and hold City, its elected and appointed officials, harmless from any and all claims, damages or demands arising out of District's performance of its 2000-00020 36408_5 JRS:cjs:11 /22/96 -4- obligations under this Agreement. City shall defend and hold District, its elected and appointed officials, harmless from any and all claims, damages or demands arising out of City's performance of its obligations under this Agreement. Section 8. Insurance. Each Party shall require the construction contractor for its construction activity to maintain a policy of public liability insurance for personal injury and property damage, including motor vehicle operators, during all times of the contract in the amounts consistent with that Party's established policies for construction agreements. Such policies shall name the other applicable Party, its officers and employees and agents as additional insured thereon. Section 9. Term. The term of this Agreement shall be in full force and effect until the specified obligations of both Parties have been fulfilled or rescinded by both Parties. Section 10. Agents. Any contractor or subcontractor performing work in connection with the work described herein on behalf of either Party shall be conclusively deemed to be the servant and agent of each respective Party employing said contractor or subcontractors hereof, acting on behalf and within the scope of such contractor and subcontractor employment for said Party. Section 11. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or 2000 -00020 36408_5 JRS:cjs:11 /22/96 -5- E 0 to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. To District: County Sanitation Districts of Orange County, California Attention: Ms. Penny Kyle Board Secretary 10844 Ellis Avenue Fountain Valley, CA 92708 -7018 To City: City of Newport Beach Attention: Lloyd Dalton, P.E. 3300 Newport Boulevard Newport Beach, CA 92663 Section 12. Dispute Resolution. Any dispute arising under this Agreement shall be resolved by the use of the Judicial Arbitration and Mediation Service ( "JAMS "). Attorneys' fees and legal costs incurred in a dispute resolution shall be borne by the respective Party. Section 13. Governing Law. This Agreement shall be governed by the laws of the State of California in effect at the time of signing this Agreement. Section 14. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 15. Waiver. A waiver of a breach of the covenants, conditions or obligations under this 2000 -00020 36408_5 JRS:cjs:11 /22/96 -6- Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. I[.. Alteration, change or modification of this Agreement shall be in the form of a written amendment which shall be signed by each Party. Executed this day of . -� , 1996, at Fountain Valley, California. "DISTRICT" COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA COUNTY SANITATION DISTRICT NO. 6 O'F ORANGE COUNTY, CALIFORNIA M APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By (Signatures Continued on Page 8) 2000 -00020 36408_5 JRS:cjs:11 /22/96 -7- "CITY" ATTEST: City Clerk By_ 2000 -00020 36406_5 JRS:cls:11/22196 0 AS TO FORM Attorney 0 CITY OF NEWPORT BEACH By May r In r..%Flslr%lqr A L.- In Fs I Lip 1 0 AWL P-Z (SEE EXHIBIT C) L) m x W W W N (SEE EXHIBIT D) m m x W W W v ' I"- V■ 1■ Pl imp A PROTECT EXISTING FORCE MAIN IN PLACE ' y AND CONSTRUCT PARALLEL J.4 FORCE MAIN ./. / "' Cff Y Of: f: CH i June 23, 1997 !UN 2 31997 { CITY COUNCIL AGENDA 1 i SUPPLEMENTAL ITEM NO. S25 91 - 64 1 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES' INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 PROGRAM SUPPLEMENT AGREEMENT RECOMMENDATIONS: Approve the Program Supplement with the State for construction of the Newport Boulevard and Pacific Coast Highway project (Project No. STPL- 5151 -007) and adopt a resolution authorizing the City Manager to execute their Program Supplement. DISCUSSION: The attached Program Supplement No. 004 -M provides for Federal funding reimbursement for the construction of the Newport Boulevard and Pacific Coast Highway "Arches" project. The maximum Federal reimbursement amount programmed for this project is $5,458,610.00. This funding source in addition to the $1,499,890.00 from the Competitive Measure M program are the two grants the City obtained for the construction of the "Arches" project. In order to obtain reimbursement of the Federal funds, a resolution (attached) authorizing the City Manager to execute the agreement is necessary. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director . W1 .' .. City Engineer Attachment: Program Supplement Resolution PROGRAM SUPPLEMENT NO. M004 to AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12 -5151 CO A: June 2, 1997 Location: 12- ORA- 0 -NPTB Project Number: STPL - 5151(007) E.A. Number: 12- 929390 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 05/21/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement un er authority of Resolution No. approved by the Agency on (03 (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: In the City of Newport Beach on Newport Blvd. & Pacific Coast Hwy. TYPE OF WORK: Interchange Improvemt /Bridge widening LENGTH: 0.5 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [ ] [ ] Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER $ 11235626 33C $ 5458610I$ 5777016I$ 0 $ 0 City of Newport Beach . W PO STATE OF CALIFORNIA Departme t of T5Ajisportation By } By U jT Chi Office of Local Programs c� Project Implementation Date �"OZ %'4% a<«o?�P Date 7'S —�1% t / O/� Attest�(/e7Vr�. in. /VQ�Kf,,w Title e�fY CI�rK I hereby Certify upon my personal knowle ge t at budgeted funds are available for this encumbrance: Accounting Offic ��f7 /� Date 9 $ 5458610.00 Chapter Statutes I Item (I Ytr I ( / )Program IBC1 Fund Source AMOUNT 162 1996 2660- 101 -890 96 -97 20.30.010.810 C 262040 892 -F Page 5458610.00 1 of 2 0 0 12- ORA- 0 -NPTB DATE: 06/02/97 STPL - 5151(007) SPECIAL COVENANTS OR REMARKS 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2) /Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Program Procedures or the new Local Programs Manual, when issued. 4. All Maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency and /or the respective agencies as determined by agreement at regular intervals or as required for efficient operation of the completed improvements. S. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 6. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub - contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 • RESOLUTION NO. 97 -54 E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ENTER INTO A PROGRAM SUPPLEMENT AGREEMENT WITH THE STATE OF CALIFORNIA THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the City is eligible for Federal -aid construction funding under the Intermodal Surface Transportation Efficiency Act of 1991; and said project is known as the Newport Blvd. and Pacific Coast Interchange and Bridge Widening; and WHEREAS, to obtain reimbursement for construction of said project, the City must enter into a program. supplement with the State of California pursuant to a master agreement with the State of California; and WHEREAS, the Administering Agency -State Agreement for Federal -aid Projects, modified November 29, 1995, reflects new provisions of the Intermodal Surface Transportation Efficiency Act of 1991 and the reengineered Local Assistance procedures; NOW, THEREFORE, the City Council of the City of Newport Beach does hereby approve the program supplement for the Newport Blvd. and Pacific Coast Highway Interchange and Bridge Widening Improvements and authorizes the City Manager to execute the program supplement. Adopted this 23rd day of .Tune , 1997 ATTEST: /, -7,,yue. M. City Clerk f:Vmups%pubworkstresoWrches -s.doc BY Mayor CEKr�i';Eu 'S A TRUE AND c RR �y,7 MyQW W7K csar�►e 3 • • STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 97 -54, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd day of June, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Edwards, Glover, Noyes, and Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of June, 1997. (Seal) ¢ City Clerk of the City of r1� Newport Beach, California !ec . C-] • TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department June 10, 1996 COUNCIL AGENDA ITEM NO. 15 /sA -044 SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD BUDGET AMENDMENT RECOMMENDATION: Approve a budget amendment to adjust revenues to the Orange County Combined Transportation Funding Program (OCCTFP) fund in the amount of $45,000 and appropriate the funds to account number 7284- C5100312. DISCUSSION: • One of the current major capital projects in progress is the Pacific Coast Highway /Newport Boulevard Interchange Improvements (PCH /Newport Blvd). The project provides for: 1) reconstruction of the Newport Boulevard Bridge overcrossing Pacific Coast Highway; 2) modification of ramp connections to the new bridge, and; 3) widening of the Newport Channel bridge along the westerly side. Additionally, improvements along Newport Boulevard from the new bridge to Hospital Road are proposed. Although the widening improvements up to Hospital Road are incorporated into the overall PCH /Newport Blvd project, the funding for the work has been approved separately through the Orange County Combined Transportation Funding Program. In the current fiscal year (1995 -96), $45,000 in Measure M funding has been approved for design of the widening up to Hospital Road. In fiscal year 1996 -97, $471,344 has been approved for construction of this segment. The $45,000 funding is not currently reflected in the budget, nor has it been appropriated. Approval of this budget amendment will facilitate use of the funds in the current fiscal year. Respectfully submitted, tfully PUBLIC WORKS DEPARTMENT Don irete • BY Luci Romero Administrative Manager U.9 of Newport Beach • NO. BA- BUDGET AMENDMENT 1996 -96 AMOUNT: 545,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations A&Q Decrease in Budgetary Fund Balanc Pq Transfer Budget Appropriations PX No effect on Budgetary Fund Balanc SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance 1=YPI ANATIC)M- This budget amendment is requested to provide for the following: DUPLICATE CC) ;, To increase revenue budgets in the Orange County Combined Transportation Fund and appropriate the funds to Pacific Coast Highway/Newport Boulevard Interchange Improvements Capital Project The funds are Measure M funds. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE EUnd Accoy0! Description General Fun 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Div Account Description 280 4861 Measure "M" Competitive EXPENDITURE APPROPRIATIONS (3603) Description Divisio Number 7284 Measure "M" Competitive Accoun Number C5100312 PCH/Newport Blvd. Divisio Number Accoun Number Divisio Number Accoun Number Divisio Number Accoun Number Project Number Signed: Financia Signed: Ad 4is Signed: Manager City Council Approval: City Clerk Amount Debit Credit $45,000.00 • $45,000.00 Date � o • Date Date • • 0 CIT, TO: MAYOR AND CITY COUNCIL MEMBERS FROM: PUBLIC WORKS DEPARTMENT l February 10, 1997 CITY COUNCIL AGENDA ITEM NO. 9 SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE "ARCHES" - CALTRANS OVERSIGHT AGREEMENT CONTRACT NO. 2886 RECOMMENDATION 1. Approve Cooperative Agreement No. 12 -309 with Caltrans for oversight of construction of the Newport Boulevard and Pacific Coast Highway (SR 55/1) Interchange Bridge Structures Improvements - Contract No. 2886. 2. Authorize the Mayor and the City Clerk to execute the Agreement on behalf of the City. DISCUSSION Cooperative Agreement No. 12 -246 with Caltrans was approved by the City Council on April 22, 1996. It provided for Caltrans oversight of the project's design. Recital No. 5 in this Agreement stipulated that a future separate agreement would be entered into for Caltrans' oversight of the project's construction. An exhibit depicting the scope of the project is attached. Moffatt & Nichol Engineers is the firm preparing the plans, specifications, and estimates (PS &E) for the project and they are now approximately 95% complete with the final design. Advertisement for construction bids is anticipated in April 1997 with the construction contract award in June 1997. Construction work impacting existing traffic lanes will not begin until after the Labor Day holiday period. Prior to the start of construction operations within the State highway rights -of -way, encroachment permits need to be issued by Caltrans (one to the City and one to the City's construction contractor). A prerequisite to the issuance of these two encroachment permits is that a cooperative agreement be entered into between the two agencies covering construction oversight by Caltrans. SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE "ARCHES" - CALTRANS OVERSIGHT AGREEMENT CONTRAQT,NQ. 2886 • February 10, 1997 Page 2 Cooperative Agreement No. 12 -309 has been prepared to satisfy the above described requirements. A summary of the key provisions in the Agreement is as follows: A. City obligations: 1. Advertise, award, and administer construction contract. 2. Responsibility for construction surveying and staking, inspection, materials testing, quality control, and adherence to contract plans and specifications through a Resident Engineer (Construction Manager). 3. Pay for all construction related costs, including construction management, inspection, and materials testing. 4. Make progress and final payments, prepare accounting records, and provide "as- built" plans. B. State obligations: . 1. Issue encroachment permits at no cost to City and /or City's construction contractors. 2. Provide personnel for construction oversight at Caltrans expense. C. City and State mutual obligations: 1. Cooperate and work together to complete project satisfactorily. 2. Caltrans to assume responsibility for maintenance of improvements upon completion except that landscaping, walkways, and street lighting will be maintained by City. 3. Continue to share traffic signal maintenance and operational costs in accordance with present arrangements. Cooperative Agreement No. 12 -309 is similar in form and substance to several other previous cooperative agreements entered into between the City and Caltrans. The terms of the Agreement are fair and reasonable, and staff recommends its approval. • 0 SUBJECT: PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE "ARCHES" - CALTRANS • OVERSIGHT AGREEMENT CONTRACT NO. 2886 February 10, 1997 Page 3 C n U A copy of the Agreement is attached for reference. There are no specific costs associated with Cooperation Agreement No. 12 -309. Funding for construction costs and consultant support services is available in the current F.Y. 1996 -97 budget. Respectfully submitted, l V—. PUBLIC WORKS DEPARTMENT Don Webb, Director by:C Gail Pickart Project Management Consultant Attachments: Project site exhibit Cooperative Agreement No. 12 -309 • • • 'f0;ltti' NxF "— J OxonATT eerx�wry .ALL E.ar � s _ RAISED MEDIAN �a f c I ® k T r � P a� STRUCTURE RETAINING WALL OR SOUNDWALL �i 3. /f t E.ar � LEGEND s _ RAISED MEDIAN A f c I ® $ T r � CONTOUR GRADING AND /OR LANDSCAPING B1 STRUCTURE RETAINING WALL OR SOUNDWALL �i t x,T LEGEND B] RAISED MEDIAN A re c I ® PAVEMENT OVERLAY SIDEWALP /WALKWAY CONTOUR GRADING AND /OR LANDSCAPING B1 STRUCTURE RETAINING WALL OR SOUNDWALL LEGEND B] RAISED MEDIAN NEW PAVEMENT PAVEMENT RECONSTRUCTION ® PAVEMENT OVERLAY SIDEWALP /WALKWAY CONTOUR GRADING AND /OR LANDSCAPING B1 STRUCTURE RETAINING WALL OR SOUNDWALL NEWPORT BOULEVARD (SR55)/ PACIFIC COAST HIGHWAY (SRI) INTERCHANGE IMPROVEMENTS C1 2- ORA -55 KP 0.20/0.40 12- ORA -01 KP 31.71/32.08 Improvements at Interchange Rte 1 (Pacific Coast Highway) and Rte 55 (Newport Blvd.) COOPERATIVE AGREEMENT 12228 - 038901 District Agreement No. 12 -309 • This AGREEMENT entered into on , 19_ is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and 1 ] A I & W612 *a01iT:u TW:C47:1 a body politic and municipal corporation of the State of California, referred to herein as CITY Dist' ' t Agreement No. 12 -309 RECITALS • 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. CITY desires State highway improvements at the interchange of State Route 55 (Newport Blvd.) and State Route 1 (Pacific Coast Highway) consisting of rebuilding the Route 55 overcrossing, widening the bridge overcrossing of Newport Channel and miscellaneous improvement of various on /off ramps at the interchange in the City of Newport Beach, referred to herein as "PROJECT ", and is willing to fund one hundred percent (100 %) of all capital outlay and staffing costs, except for costs of STATE's oversight of construction activities will be borne by STATE. 3. CITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT. 4. STATE is agreeable to CITY'S proposal to prepare the contract documents and advertise, 0 award and administer the construction contract for PROJECT. 5. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained. 6. Project development responsibilities for PROJECT were covered in a prior Cooperative Agreement executed by STATE and CITY on June 27,1996 (District Agreement No. 12- 246, , Document No. 013483). • Distn t Agreement No. 12 -309 SECTION I • CITY AGREES: To advertise, award and administer the construction contract for PROJECT in accordance with requirements of the Local Agency Public Construction Act and the 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 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 apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as more specifically defined in Articles (2), (3), (4), (5) and (6) of Section III of this Agreement. • 3. 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. 4. To construct PROJECT in accordance with plans and specifications of CITY to the satisfaction of and subject to the approval of STATE. 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. 6. 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. If CITY uses own staff to perform surveys, such surveys shall conform to the methods, procedures, and requirements of STATE's Surveys Manual and Land Surveyor's Act. a 0 10. 11 12. Distri Agreement No. 12 -309 Material testing and quality control shall conform to the State Construction Manual and the State Material Testing Manual, and be performed, at CITY'S 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 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. To furnish, at CITY 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. To pay one hundred percent (100 %) of the actual costs of construction required for satisfactory completion of PROJECT, including changes pursuant to contract change orders concurred with by the STATE representative and any "State - fumished material ". 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 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 support staff 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. To make progress payments to the contractor using CITY funds and pay all costs for required staff services as described in Articles (9) and (11) of this Section I. The STATE representative shall review all contract progress pay schedules. STATE does not assume . responsibility for accuracy of itemization on progress pay schedules. E Dist Agreement No. 12 -309 13. Within sixty (60) days following the completion and acceptance of the PROJECT • construction contract, to furnish STATE a complete set of acceptable full -sized film r1 U positive reproducible As -Built plans and all contract records, including survey documents and microfilm copy of all structure plans. 14. Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of 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. 15. 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. 16. To be responsible, at CITY expense, for conducting the Initial Site Assessment (ISA), Site Investigation (SI) and remediation of all potential hazardous waste site(s) and/or hazardous wastes /underground tanks discovered during construction outside the existing state highway right of way. CITY will be responsible for funding any unrecovered expense for the investigation of potential hazardous waste site(s) outside and/or within currently owned STATE right of way or property acquired for PROJECT, and for any unrecovered expense incurred for the remediation of those sites or conditions that will impact PROJECT. rd 6 STATE AGREES: SECTION II DistriAgreement No. 12 -309 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 State highway right 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 CITY's contractor. 3. To provide, at CITY's 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 wastes and/or hazardous wastes /underground tanks discovered during construction within the existing state highway right of way that would impact PROJECT including lead contamination from vehicle emissions in unpaved areas next to shoulders, if it is determined that the source of contamination is within the existing state highway right of way and that the contamination presents a threat to public health or environment regardless of being disturbed or not. CITY intends to perform any investigation/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 requirement and obtain STATE's approval prior to performance of any remediation work within existing State highway right of way. If State's cost to mitigate is increased due to project, the additional cost shall be borne by CITY. LJ • DistrtAgreement No. 12 -309 SECTION III IT IS MUTUALLY AGREED: 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. 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 relocations 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 shall 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 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 affects STATE facilities. The application by CITY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. • 5. CITY shall provide a right of way certification prior to the granting of said encroachment 11 Q Ell 91 10. Dist r* Agreement No. 12 -309 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. CITY construction contractor shall maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Contractual Liability Insurance, 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 in a form satisfactory to STATE which shall be delivered to STATE before the issuance of an encroachment permit to CITY contractor. Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice. 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 the STATE representative. The STATE representative is authorized to enter CITY'S property during construction for the purpose of monitoring and coordinating construction activities. Changes to PROJECT plans and specifications shall be implemented by contract change orders reviewed and concurred with by the STATE representative. All changes affecting public safety or public convenience, all design and specification changes, and all major changes as defined in STATE's Construction Manual shall be approved by STATE in advance of performing the work. Unless otherwise directed by the STATE representative, 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 (13) of this Agreement. 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 Is • DistrAgreement No. 12 -309 . CITY to provide advice and technical input in any claim process. 11. If existing public and /or private utility facilities conflict with construction of PROJECT, CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY shall inspect the protection, relocation or removal of such facilities. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure for those utilities within STATE'S existing or proposed right of way and in accordance with CITY policy for those utilities outside STATE'S existing or proposed right of way. Total costs of such protection, relocation or removal shall be borne by CITY or those other than STATE in accordance with the terms of the Highway Encroachment Permits, Case Law, Public Utility Regulations and Property Rights. CITY shall require any utility company, and or its contractors, performing relocation work in STATE'S right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. Any relocated or new utilities shall be correctly shown and identified on the As -built plans referred to in • Section I, Article (13) of this Agreement. 12. If any unforeseen potential hazardous waste sites are encountered during construction of PROJECT, STATE and CITY shall meet and confer on a course of action. If a finding is made that Federal and State regulations do not require mitigation of contaminated material in its present condition within the existing State highway right of way, CITY shall be responsible, at CITY expense, for any remedial action required as a result of proceeding with PROJECT. 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. 13. Nothing in this Agreement shall prevent CITY from and CITY shall have the authority to seek reimbursement or cost recovery from potentially responsible third parties for any litigation or funding for hazardous waste remedial efforts required of CITY. 14. Nothing in this Agreement shall prevent STATE from and STATE shall have the authority • to seek reimbursement or cost recovery from potentially responsible third parties for any 15 16. 17 Ila 19. 20. 21 1] Dist n'' Agreement No. 12 -309 litigation or funding for hazardous waste remedial efforts required of STATE. . Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined the 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 contractors equipment and vehicles and/or vehicles of personnel retained by CITY and for the protection of the traveling public from injury and damage from such vehicles or equipment. Upon completion and acceptance of the PROJECT construction contract by CITY to the satisfaction of the STATE representative and subsequent to the execution of a maintenance agreement, STATE will accept control 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. CITY will accept control and maintain, at its own cost and expense, the portions of • PROJECT lying outside 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. STATE will maintain the traffic control signal system and safety lighting as installed and pay an amount equal to 100% of the total maintenance costs, including electrical energy costs. STATE will operate the traffic control signals (s) as installed and pay one hundred percent (100 %) of the operation cost. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances 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. Nothing in the provisions of this Agreement is intended to create duties or obligations to or • 0 . DistrrtAgreement No. 12 -309 . 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 highways different from the standard of care imposed by law. 22. 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 810.8) 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. 23. 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 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. 24. 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. 25. Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by CITY with concurrence of STATE, or on December 31, 2001 whichever is earlier in time; however, the ownership, operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. 10 EN WALT H. HAGEN District Division Chief Design Approved as to Form and Procedure Attorney Department of Transportation Certified as to Form and Procedure Accounting Administrator Certified as to funds District Budget Manager Attest: City Clerk Approved as to Form and Procedure City Attorney is 0 Distn6Agreement No. 12 -309 IN WITNESS WHEREOF, the parties have executed this Cooperative Agreement by their duly • authorized officers. STATE OF CALIFORNIA CITY OF NEWPORT BEACH Department of Transportation JAMES W. VAN LOBEN SELS BY: Director of Transportation Mayor EN WALT H. HAGEN District Division Chief Design Approved as to Form and Procedure Attorney Department of Transportation Certified as to Form and Procedure Accounting Administrator Certified as to funds District Budget Manager Attest: City Clerk Approved as to Form and Procedure City Attorney is 0 • • I WIM i/. "{ I / 1 j { 1g11NYi t .,,� gf.YW I.LL ,_ I' { a �Ir i I. r, � a .11.... IAIL 1/ ! / J nfW tn4T j y s f Q•. 1 Iwa Ylq. 'j rda UTA"11 INµ;, , r / LEGEND - — RAISES MEGIAN T?n MEN PAVEMENT UNATHIII gwlYq IALL PAVEMENT RECONSTRUCTION E3 PAVEMENT OVERLAY SIDEWALK /WALKWAY L.... IP _ CONTOUR GRADING AND /OR LANDSCAPING IO.gIAU i V .: i i D STRUCTURE o �.. RETAINING WALL GS SOUNSWALL Y! p NEWPORT BOULEVARD (SRSS)/ PACIFIC COAST HIGHWAY (SR1) vsna�n.xoL 4. A INTERCHANGE IMPROVEMENTS 12- ORA -55 KP 0.20/0.40 12- ORA -01 KP 31.71/32.08 Improvements at Interchange Rte 1 (Pacific Coast Highway) and Rte 55 (Newport Blvd.) 12228 - 038901 District Agreement No. 12 -309 COOPERATIVE AGREEMENT This AGREEMENT entered into on �� 19%2 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 municipal corporation of the State of California. referred to herein as CITY • Distr greement No. 12 -309 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. CITY desires State highway improvements at the interchange of State Route 55 (Newport Blvd.) and State Route I (Pacific Coast Highway) consisting of rebuilding the Route 55 overcrossing, widening the bridge overcrossing of Newport Channel and miscellaneous improvement of various on/off ramps at the interchange in the City of Newport Beach, referred to herein as "PROJECT ", and is willing to fund one hundred percent (100 %) of all capital outlay and staffing costs, except for costs of STATE's oversight of construction activities will be borne by STATE. 3. CITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT. 4. STATE is agreeable to CITY's proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT. 5. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained. 6. Project development responsibilities for PROJECT were covered in a prior Cooperative Agreement executed by STATE and CITY on June 27,1996 (District Agreement No. 12- 246. , Document No. 013483). SECTION I CITY AGREES: To advertise, award and administer the construction contract for PROJECT in accordance with requirements of the Local Agency Public Construction Act and the 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 . Distriogreement No. 12 -309 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 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 apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as more specifically defined in Articles (2), (3), (4), (5) and (6) of Section III of this Agreement. 3. In recognition that PROJECT construction work done on STATE property will not be directly funded and paid by STATE, for the purpose of protecting stop notice claimants and the interests of STATE relative to successful PROJECT completion, CITY agrees to require the construction contractor furnish both a payment and performance bond naming CITY as obligee with both bonds complying with the requirements set forth in Section 3 -1.02 of STATE's current Standard Specifications prior to performing any PROJECT construction work. CITY shall defend, indemnify and hold harmless STATE, its officers and employees from all PROJECT claims under the performance or payment bond by contractors and all claimants. 4. To construct PROJECT in accordance with plans and specifications of CITY to the satisfaction of and subject to the approval of STATE. 5. 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. 6. 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. If CITY uses own staff to perform surveys, such surveys shall conform to the methods, procedures, and requirements of STATE's Surveys Manual, STATE's Staking Information Booklet, and Land Surveyor's Act. +. Distritgreement No. 12 -309 8. Material testing and quality control shall conform to the State Construction Manual and the State Material Testing Manual, and be performed, at CITY's 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 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. 9. To furnish, at CITY 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. 10. To pay one hundred percent (100 %) of the actual costs of construction required for satisfactory completion of PROJECT, including changes pursuant to contract change orders concurred with by the STATE representative and any "State- furnished material ". 11. 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 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 support staff 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. 12. To make progress payments to the contractor using CITY funds and pay all costs for required staff services as described in Articles (9) and (11) of this Section I. STATE representative shall review all contract progress pay schedules. STATE does not assume responsibility for accuracy of itemization on progress pay schedules. L DistriWeement No. 12 -309 13. Within sixty (60) days following the completion and acceptance of the 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. 14. Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of PROJECT located outside of current STATE right of way until acceptance of any such part of PROJECT into the STATE highway systetn by STATE', approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. 15. 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 Cl"1'Y 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. 16. To be responsible, at CITY expense, for conducting the Initial Site Assessment (ISA), Site Investigation (SI) and remediation of all potential hazardous waste site(s) and/or hazardous wastes(under -round tanks discovered during construction outside the existing state highway right of way. CITY will be responsible for funding any unrecovered expense for the investigation of potential hazardous waste site(s) outside and/or within currently owned STATE right of way or property acquired for PROJECT, and for any unrecovered expense incurred for the remediation of those sites or conditions that will impact PROJECT. SECTION II STATE AGREES: 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 State 4 • Distri9greement No. 12 -309 highway right 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 CITY's contractor. To provide, at CITY's 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 wastes and/or hazardous wastes/underground tanks discovered during construction within the existing state highway right of way that would impact PROJECT including lead contamination from vehicle emissions in unpaved areas next to shoulders, if it is determined that the source of contamination is within the existing state highway right of w'av and that the contamination presents a threat to public health or environment regardless of being disturbed or not. CITY intends to perform any investigation/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 requirement and obtain STATE's approval prior to performance of any remediation work within existing State highway right of way. If STATE's cost to mitigate is increased due to PROJECT, the additional cost shall be borne by CITY. SECTION III IT IS MUTUALLY AGREED: 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. 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. Distri^reement No. 12 -309 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 relocations 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 shall obtain aforesaid encroachment permit through the office of State District Permit Engineer and CITY's application shall be accompanied by seven 7 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 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 affects STATE facilities. The application by CITY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. 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. CITY shall not award for bids to construct PROJECT until after an encroachment permit has been issued to CITY by STATE. CITY construction contractor shall maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with . Distrioreement No. 12 -309 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 in a form satisfactory to STATE 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 the 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 reviewed and concurred with by the STATE representative. All changes affecting public safety or public convenience, all design and specification changes, and all major changes as defined in STATE's Construction Manual shall be approved by STATE in advance of performing the work. Unless otherwise directed by STATE representative, 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 (13) 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. STATE representative will be made available to CITY to provide advice and technical input in any claim process. 12. If existing public and /or private utility facilities conflict with construction of PROJECT, CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY shall inspect the protection, relocation or removal of such facilities. If any protection, relocation or removal of utilities is required, such work 7 Distric- lgreernent No. 12 -309 shall be performed in accordance with STATE policy and procedure for those utilities within STATE's existing or proposed right of way and in accordance with CTTY policy for those utilities outside STATE's existing or proposed right of way. Total costs of such protection, relocation or removal shall be bome by CITY or those other than STATE in accordance with the terms of the Highway Encroachment Permits, Case Law, Public Utility Regulations and Property Rights. CITY shall require any utility company, and or its contractors, performing relocation work in STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. Any relocated or new utilities shall be correctly shown and identified on the As -built plans referred to in Section I, Article (13) of this Agreement. 13. If any unforeseen potential hazardous waste sites are encountered during construction of PROJECT, STATE and CITY shall meet and confer on a course of action. If a finding is made that Federal and State regulations do not require mitigation of contaminated material in its present condition within the existing State highway right of way, CITY shall be responsible, at CITY expense, for any remedial action required as a result of proceeding with PROJECT. 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. 14. Nothing in this Agreement shall prevent CITY from and CITY shall have the authority to seek reimbursement or cost recovery from potentially responsible third parties for any litigation or funding for hazardous waste remedial efforts required of CITY. 15. Nothing in this Agreement shall prevent STATE from and STATE shall have the authority to seek reimbursement or cost recovery from potentially responsible third parties for any litigation or funding for hazardous waste remedial efforts required of STATE. 16. Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined the 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 • DistricWement No. 12 -309 operation of CITY'S vehicles, the construction contractor's equipment and vehicles and/or vehicles of personnel retained by CITY and for the protection of the traveling public from injury and damage from such vehicles or equipment. 17. Upon completion and acceptance of the PROJECT construction contract by CITY to the satisfaction of the STATE representative and subsequent to the execution of a maintenance agreement, STATE will accept control 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. 18. CITY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside 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. 19. STATE will maintain the traffic control signal system and safety lighting as installed and pay an amount equal to 100% of the total maintenance costs, including electrical energy costs. 20. STATE will operate the traffic control signals (s) as installed and pay one hundred percent (100%) of the operation cost. 21. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances 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. 22. 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 highways different from the standard of care imposed by law. 23. 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 • Distri�greement No. 12 -309 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. 24. 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 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. 25. 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. 26. Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by CITY with concurrence of STATE, or on December 11. 2001 whichever is earlier in time; however, the ownership, operation. maintenance, liability, and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. 10 0 Distritgreement No. 12 -309 01 "1 N) T IN WITNESS WHEREOF, the parties have executed this Cooperative Agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation BY: District Division Chief Design Approved as to Form and Procedure Attorn v Departm t of Transportation Certified as to Form and Procedure Accour ing' dministrator Certified as to Funds District Budget Manager CITY OF NEWPORT BEACH BY: < t) Mayor Attest: Q -69 City Clerk Approved as t F and Procedure City Attorney 4W of Newport BeaCp NO. BA- 026 BUDGET AMENDMENT 1996 -97 AMOUNT: 5172,100.00 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations Px No effect on Budgetary Fund Balance SOURCE: X EXPLANATION: from existing budget appropriations from additional estimated revenues from unappropriated fund balance This budget amendment is requested to provide for the following: COUNCIL AGENDA NO-10 To budget revenue and appropriate funds for a cooperative project with the Orange County Sanitation District No. 5. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 Description Fund Balance Control Amount Debit Credit 0ENUEAPPROPRIATIONS (3601) Fund /Division Account Description 250 4858 Refunds & Rebates -from Governments $172,100.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contribution Account Number C5100199 PCHINewport Blvd Improvement Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial ed: Signed Director City Manager City Council Approval: City Clerk Automatic $172,100.00 Date a - .3 -9-7- Date Date u • 0 DEC Z 6 X995 December 23, 1996 County Sanitation Districts of Orange County P.O. Box 8127 10844 Ellis Avenue Fountain Valley, CA 92708 -7108 Attn : Mr. John Dettle, PE Subj: Lido Pump Station Replacement Project Design and Construction Support Fee Proposal M &N File: 96398 Dear Mr. Dettle: 40 WOZY /017' 'ew- ®®qg MOFFATT & NICHOL Per your request at the meeting held at CSDOC offices on November 18, 1996, we have prepared a modified engineering fee, list of drawings and preliminary construction cost estimate for the Lido Pump Station Replacement Project. These documents replace those in the original Scope of Work dated October 23, 1996. For clarification, we propose to provide landscaping and irrigation plans for the project site for Sections 2.1 and 2.2 of the Scope of Work. In addition, we will provide landscaping and irrigation plans for the small Caltrans Parcel located at the northeast comer of Via Lido and Newport Boulevard intersections. The preliminary cost estimate is based on the general arrangement plans approved by CSDOC staff, which were used in the rendering for public approval by the Citizen's Committee and the City of Newport Beach. We have estimated the construction cost at $707,000, please note that this amount does not include a contingency. Based on our previous experience with similar projects, it would be appropriate to include a 10% contingency for the construction cost at this time. In preparation of the conceptual general arrangement plans, we located the control building and pump station in order to facilitate construction of the pump station within the site parameters. • The control building was intentionally located adjacent to the existing Baskin Robbin's building to provide for installation of the shoring for the pump station, thereby preserving the largest portion of the site for park use. By siting the pump station and control building in this mariner, al 250 West Wardloe: Road. Long Beach, California 90407 P.O. Bcx 77071 310'. 426 -O5 County Sanitation Districts of Orange County Mr. John Dettle, P.E. December 23, 1996 ®® Page 2 electrical controls and instrumentation equipment can now be rated "Unclassified" rather than "Class 1, Division IP". This provides a savings in construction cost to the CSDOC of approximately $95,000. We look forward to continue providing the CSDOC with value engineering throughout this project. In accordance with the attached engineering fee we propose to perform design services for this project on a time and materials basis not to exceed $133,400 without your prior approval. We propose to provide construction support services on a time and materials basis not to exceed $45,000 witiloui your prior approval. Construction suppoii S.°..^ +,ices :nCl::des those elements detailed in the Scope of Work as well as the Operation and Maintenance Manual. The Engineering schedule will be modified as following dates: Award of Design Contract: January 15, 1997 Completion of Final Project Plans: April 30, 1997 We look forward to working with you on and CSDOC staff on this exciting project. Please call should you have any questions. Very truly yours, MOFFATT & NICHOL ENGINEERS I Denn' Dr Ph.D., P.E. Asso i e Vi President DJD /BB:pjb %396dd2.1m15 Enclosure c: Doug Stewart, Engineering Manager ( CSDOC) Lloyd Dalton, (City of Newport Beach) Gail Pickard, (City of Newport Beach) Mike Kraman, (M &N) • • N W W q 0 U N O � 0 m k E a o F O N d 4 IL G O N � F m CL o � 3 d 2 o a � C � U O m . ~ h Qd O W a u � 'o i a g n O N Pf b i0 q w w as h ti N U h w w � m J a m � O N m N h J O Q O N N O o U `u 0 W � o O U `m_ P c a C W m N O M M J hQ v U y F O Q 0 � cli N �p N d 0 N a N U N 0 � t 0 N �d JN U m J O U Z N r � Z W p eq tly 0 N U m am E N t y e N N O 1N G ae O rn � O c G Z a E � c c 4 LL LL � N � i a g n O N Pf b i0 q w w as ti N U h w w � m J a m � O N m N J O Q O N N O o U `u W � o O U i a IL / ( z � � k \ ! \ r ! % { ` ) | § °§q| \ . , |. !{; Z3 Al $ � - ( # \ { +f( ;! ! ! A { u /)! ƒ / 2 q 3 ! J ƒ � � § � f � ) ® q CO) K � ( / § ,2 ) ii )\ § � Z 0 �� @ k ( k ` I ) ` / ( z � � k \ ! \ r ! % { ` ) | § °§q| \ . , |. !{; Z3 Al $ � - ( # \ { +f( ;! ! ! A { u /)! ƒ / 2 q 3 ! J ƒ � � § � f � ) ® q CO) K � ( / § ,2 ) ii )\ § � Z 0 �� \ ! \ r ! % { ` ) | § °§q| \ . , |. !{; Z3 Al $ � - ( # \ { +f( ;! ! ! A { u /)! ƒ / 2 q 3 ! J ƒ � � § � f � ) ® q CO) K � ( / § ,2 ) ii )\ § � Z 0 �� � � § � f � ) ® q CO) K � ( / § ,2 ) ii )\ § � Z 0 �� ii )\ § � Z 0 �� 0 �� 0 0 a April 22, 1996 CITY COUNCIL AGENDA TO: Mayor and Members of the City Council I I APR 2 2 FROM: Public Works Department SUBJECT: COOPERATIVE AGREEMENT NO. 12-245 V71 I ri CALTRANS FOR DESIGN OVERSIGHT OF NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY INTERCHANGE IMPROVEMENTS RECOMMENDATIONS: Approve Cooperative Agreement No. 12 -246 with Caltrans for oversight of the design of Newport Boulevard and Pacific Coast Highway Interchange Bridge Structures Improvements - Contract No. 2886. Authorize the Mayor and the City Clerk to sign Cooperative Agreement No. 12- 246 on behalf of the City. >CUSSION: • The City of Newport Beach and Caltrans have been working together for several years relative to the proposed interchange improvements (see attached exhibit). Numerous conceptual plans were prepared by IWA Engineers during 1993 -94 under a contract with the City. That effort was concluded in January 1995 when the City Council received and filed a Summary Report of the Concept Plans and approved a Consultant Agreement with IWA Engineers to prepare a Project Study Report (PSR), the next step in the Caltrans Project Development Process. The PSR was approved by Caltrans in March 1996. In April 1995, the City Council approved a Consultant Agreement with IWA Engineers to prepare a Project Report (PR) which refines the scope of the proposed improvements and addresses the environmental impacts in more detail than the PSR. The Project Report has been reviewed by both the City and Caltrans and is expected to be finalized in June 1996. Concurrently with preparation of the PSR and PR, environmental documentation and geotechnical engineering including investigation of site soil and groundwater have been conducted. Environmental documentation for the project is being accomplished by an Environmental Re- evaluation /Addendum Environmental Impact Report based upon a Final Environmental Impact Statement/Final Environmental Impact Report (FEIS /FEIR) prepared by Caltrans in 1985 for the Route 55 Transportation Study. The Study area • extended along Newport Boulevard from the SR 55/73 interchange to 32nd Street. Under that FEIS /FEIR, the Costa Mesa Freeway (SR 55) was extended from Bristol Street southerly to its present terminus at 19th Street. Environmental documentation for the widening of Newport Boulevard from Pacific Coast Highway to 32nd Street (including widening the Newport Channel bridge along the easterly side) SUBJECT: COOPERATIVE AGREEMENT NO. 12 -246 WITH CALTRANS FOR DESIGN OVERSIGHT OF NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY INTERCHANGEIMPROVEMENTS April 22, 1996 Page 2 was accomplished in 1989 by a Re- evaluation /Addendum of the 1985 FEIS /FEIR. A similar Re- evaluation /Addendum of the 1985 FEIS /FEIR has been determined to be an appropriate means of providing environmental documentation for the proposed interchange improvements since the initial Study included widening the Newport Boulevard bridges crossing over Pacific Coast Highway and Newport Channel as well as ramp modifications at the Newport Boulevard and Pacific Coast Highway grade separation structure. Since Caltrans' programs and budgets for the next several years did not include funding for interchange improvements, the City sought funding through the Orange County Combined Transportation Funding Program (OCCTFP). Funding for approximately 60% of the $10.8 million estimated construction cost is currently approved for the 1996- 97 fiscal year. Caltrans is aware of and supports the funding arrangements established by the City. The proposed interchange improvements, however, are within existing Caltrans controlled right -of -way and Caltrans will have maintenance responsibility for the improvements upon completion. To implement and protect their interest, Caltrans will perform an oversight role during design and construction of the project. Cooperative Agreement No. 12 -246 establishes • oversight responsibilities of both parties (Caltrans and City of Newport Beach) during design; a similar cooperative agreement will be entered into when design is complete and before construction begins. The Cooperative Agreement as currently prepared is attached. It establishes that the City will pay for all costs associated with design and that Caltrans will pay for all their costs (staff time) incurred for the project. In a related agenda report, staff is recommending approval of a Consultant Agreement with Moffatt & Nichol Engineers to perform final design of the interchange improvements. Approval and execution of Cooperative Agreements No. 12 -246 will provide the authority and criteria for the City's consultant to process final design plans, specifications, and estimates with Caltrans staff. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director Gail Pickart • Project Consultant Attachments i 41 As gag t ell, nj Igoe JY. Ali II N4 j''. tip A gi y C! wit STATE OF CALIFORNIA-BUSINESS AND TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION 1 DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 Mr. Gail Pickart, P.E. City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, California, 92658 -8915 Dear Mr. Pickart: ................... . ,. VrILSON, Governor FILE 1 August 29, 1996 12- ORA -55 0.2/0.4 12 -ORA -1 19.75/19.90 Improvement at Interchange Rte 1 & Rte 55 District Agreement No. 12 -246 Cat. 260 Subject: EXECUTED COOPERATIVE AGREEMENT Attached for the City of Newport Beach's files is a fully executed copy of the Cooperative Agreement No. 12 -246 between the State of California and the City, for the above referenced project. We thank you for your cooperation in the processing of this Agreement. If you have any questions, please call me at 724 -2816. Sincerely, AG S R. VILLANUEVA Chief, Design Branch C Attachment 12- ORA -55 0.20/0.40 12- ORA -01 19.75/19.90 Improvements at Interchange Rte 1 (Pacific Coast Highway) and Rte 55 (Newport Blvd.) 12208 - 03890K District Agreement No. 12 -246 This AGREEMENT entered into on an 21" , 19dL is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and O=3g8, CITY OF NEWPORT BEACH a body politic and a municipal corporation of the State of California, referred to herein as CITY District Agreement No. 12 -246 (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) CITY desires State highway improvements at the interchange of State Route 55 (Newport Blvd.) amd State Route 1 (Pacific Coast Highway) consisting of rebuilding the Route 55 overcrossing, widening the bridge overcrossing of Newport Channel and miscellaneous improvement of various on /off ramps at the interchange in the City of Newport Beach, referred to herein as "PROJECT ", and is willing to fund one hundred percent (1000) of all capital outlay and staffing costs, except for costs of STATE's oversight of environmental, design, and right of way activities. (3) The original Environmental Impact Statement (FIM-CA- EIS- 83 -03 -F) was done in July 1985 with the most recent reevaluation completed in June 1989. At the present, CITY is preparing the latest reevaluation for the Environmental Impact Statement to comply with NEPA standard within the limit of PROJECT'. 1 District Agreement No. 12 -246 (4) This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. (5) Construction of said PROJECT will be the subject of a separate future Agreement. (6) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed, and financed. OW�iYC•1��!1 (1) To fund one hundred percent (100°x) of all preliminary and design engineering costs, including, but not limited to, costs for preparation of contract documents and advertising and awarding the PROJECT construction contract. (2) To have a Project Report (PR), Environmental Document (ED), 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. Project Report, final plans and standard special provisions shall be signed by a Civil Engineer registered in the State of California. `a District Agreement No. 12 -246 (3) To permit STATE to monitor and participate in the selection of personnel who will prepare the PR, conduct environmental studies and obtain the environmental clearance, prepare the PS&E, provide the right of way engineering services, and perform right of way activities. CITY agrees to consider any request 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. (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) To make written application to STATE for necessary encroachment permits authorizing entry onto STATE's right of way to perform surveying and other investigative activities required for preparation of the PR, ED and /or PS&E. (6) To identify and locate all utility facilities within the PROJECT area as part of its PROJECT design responsibility. All utility facilities 3 District Agreement No. 12 -246 not relocated or removed in advance of construction shall be identified on the PROJECT plans and specifications. (7) To identify and locate all high and low risk underground facilities within the PROJECT area and to protect or otherwise provide for such facilities, all in accordance with STATE's of on High and Low hereby acknowledges receipt of STATE's "Policy on High and Low Risk 1994. (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 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 M District Agreement No. 12 -246 removal of all conflicting facilities within 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) CITY shall require the utility owner and /or its contractors performing the relocation work within STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. (11) To perform all right of way activities, including all eminent domain activities, if necessary, 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 insure that the completed work is acceptable for incorporation into the State highway right of way. (12) 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 Handbook. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 5 • District Agreement No. 12 -246 (13) To certify legal and physical control of right 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. (14) To deliver to STATE legal title to the right of way free and clear of all 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 for by CITY. (15) To be responsible, at CITY expense, for the investigation and remediation of potential hazardous waste sites outside of the existing State highway right of way that would. impact PROJECT. (16) If CITY desires to have STATE advertise, award and administer the construction contract for PROJECT, CITY shall provide all plans prepared by CITY or CITY's consultant on either 8 millimeter magnetic tape using Micro Station Release 5.0 .dgn files in UNIX TAR. One copy of the data on the magnetic tape, including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PS&E for PROJECT. STATE reserves the right to C District Agreement No. 12 -246 modify the magnetic tape requirements and STATE shall provide CITY advance written notice of any such modifications. (1) To provide, at no cost to CITY, oversight of PROJECT and to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. (2) To provide, at no cost to CITY, 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 application by CITY, an encroachment permit to CITY authorizing entry onto STATE's right of way to perform survey and other investigative activities required for preparation of the PR, ED and /or PS&E. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain an encroachment permit. The permit will be issued at no cost upon proper application by the consultants. 7 District Agreement No. 12 -246 (4) To be responsible, at STATE expense, for the investigation and remediation of potential hazardous waste within the existing State highway right of way that would impact PROJECT, if it is determined that the source of contamination is within the existing state highway right of way and that the contamination presents a threat to public health or the 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 costs 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 within existing state highway right of way. 0 District Agreement No. 12 -246 (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) 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 in writing to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY's Director of Public Works or other official designated by CITY and STATE's District Director for District 12 and become a part of this Agreement after execution by the respective officials of the parties. (3) The Project Study Report (PSR) for PROJECT approved on March 28, 1996, by this reference, shall become part of this Agreement. (4) The basic design features (as defined in Attachment 3 of the Scope of work for PROJECT) shall comply with those addressed in the approved PSR, unless modified as required for environmental clearance and /or FHWA approval of PROJECT. 0 District Agreement No. 12 -246 (5) The design, right of way acquisition, and preparation of environmental documents for PROJECT shall be performed in accordance with STATE standards and practices current as of the date of execution of this Agreement. Any exception to applicable design standards shall be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums and design bulletins published by STATE. In the event that STATE proposes and /or requires a change in design standards, implementation of new or revised design standards shall be done in accordance with STATE's memorandum "Effective Date for Implementing Revisions to Design Standards ", dated February 8, 1991. STATE shall consult with CITY in a timely manner regarding effect of proposed and /or required changes on PROJECT. (6) If additional right of way is required, CITY shall engage a qualified agency to acquire all necessary additional rights of way, that will permit full possession and control of said right of way, and transfer in fee to STATE, at no cost to STATE, and subject to prior examination and acceptance by STATE of the degree of title to be convered to STATE. The full possession and control shall be obtained prior to advertising the PROJECT for construction, in the event title has not passed. 10 District Agreement No. 12 -246 (7) CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed by STATE and CITY in a subsequent amendment to this Agreement. (8) If a finding is made that Federal and State regulations do not require mitigation of contaminated material in its present condition within the existing State highway right of way, CITY shall be responsible, at CITY expense, for any remedial action required as a result of proceeding with PROJECT. Locations subject to cleanup include utility relocation work required for PROJECT. (9) If Federal and State regulations indicate contaminated material within the existing State highway right of way presents a threat to public health or the environment, regardless of whether it is disturbed or not, STATE shall be responsible for the cleanup at STATE expense. IF STATE's cost to mitigate is increased due to PROJECT, the additional cost shall be borne by CITY. (10) 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 11 District Agreement No. 12 -246 STATE and shall be performed in accordance with standards and practices of STATE and other Federal and State regulatory agencies. (11) A separate Cooperative Agreement will be required to cover responsibilities and funding for the PROJECT construction phase. (12) 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 highways different from the standard of care imposed by law. (13) 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 810.8) occurring by reason of anything done or omitted to be done by CITY under or in 12 District Agreement No. 12 -246 connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (14) 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 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. (15) This Agreement may be terminated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. (16) Except as otherwise provided in Article (15) above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT or on December 31, 2000, whichever is earlier in time. 13 District Agreement No. 12 -246 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation BY: / J�o� J�J T H. HAGE District Division Chief Design Approved as to Form and Procedure \mppA �'d Atto y Department of Transportation Certified as to Form and Procedure 11p(' wj�k�� 11' Accounting Administrator Certified as to funds Qj�— District Budget Manager 14 CITY OF Newport Beach BY: Mayor Attest: ty e k Approved as to From and Procedure Cilty At orney Qz District Agreement No. 12 -245 This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed Route 55 /Route 1 interchange improvements. (1) CITY will be the Lead Agency for CEQA and STATE will be the State Lead Agency for NEPA. The Federal Highway Administration (FHWA) will be the Federal Lead Agency for NEPA. CITY will prepare the Environmental Document(s) (ED) to meet the requirements of CEQA and NEPA.The draft and final ED will require STATE review and approval prior to public circulation. CITY will provide all data for and prepare drafts of the Project Report (PR) and the Project Approval Report (PAR) . STATE will review and process the reports and request approval of the PROJECT and ED by the FHWA. CITY will be responsible for the public hearing process. CITY will provide the necessary environmental clearance for this project. CITY will perform all studies to document the Categorical Exemption /Categorical Exclusion (CE /CE) determination. STATE will sign the CE /CE determination sheet. If, during preliminary engineering or preparation of the PS&E, new information is obtained which requires the preparation of an environmental clearance document, this Agreement will be amended to include completion of these additional tasks by CITY. 15 District Agreement No. 12 -246 (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 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 by CITY. Existing traffic data shall be furnished by CITY. (4) STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to but not including advertising of PROJECT. (5) The 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 attached to this Scope of Work. These Attachments are intended as a guide to STATE and CITY staff. 16 ATTACHMENT 1 PLANNING PHASE ACTIVITIES RESPONSIBILIIY STATE CITY PROJECT ACTIVITY F= 31% VAI NO) ki Ib101LN I Y\/f@Illffi � i�11u191�11 •: •kI Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs X Prepare and Submit Environmental Studies and Reports X Review and Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DID) X Review DID in District X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Review and Approve Project Geometrics and Operational Analysis X 3. PROJECT APPROVAL Lead Agency for Environment Clearance Certifies ED in Accordance with its Procedures X X Prepare Draft Project Report (DPR) X Finalize and Submit Project Report with Certified ED for Approval X Approve Project Report X 17 PROJECT ACTIVITY 1. PRELIMIARY COORDINATION 0 District Agreement No. 12 -246 ATTACHMENT 2 DESIGN PHASE ACTIVITIES Request 1- Phase EA Field Review of Site Provide Geometrics Approve Geometrics Obtain Sury eys and Aerial Mapping Obtain Copies of Assessor Maps and Other R/W Maps Obtain Copies of As- Builts Send Approved Geometrics to Local Agencies for Review Revise Approved Geometrics if Required Approve Final Geometrics Determine Need for Permits from Other Agencies Request Permits Initial Hydraulics Discussion with District Staff Initial Electrical Design Discussion with District Staff Initial Traffic & Signing Discussion with District Staff Initial Landscape Design Discussion with District Staff Plan Sheet Format Discussion 2. ENGINEERING STUDIES AND REPORTS Prepare & Submit Materials Report & Typical Section Review and Approve Materials Report & Typical Section Prepare & Submit Landscaping Recommendation Review & Approve Landscaping Recommendation Prepare & Submit Hydraulic Design Studies Review & Approve Hydraulic Design Studies Prepare & Submit Bridge General Plan & Structure Type Selection Review & Approve Bridge General Plan & Structure Type Selection 18 RESPONSIBILIIY STATE CITY X X X X X X X X X X X X X X X X X X X X X X X X X X X X District Agreement No. 12 -246 PROJECT ACTIVITY 3. R/W ACQUISTION & UTILITIES Perform necessary arrangements with owners of such utility facilities for their protection, relocation and removal Request Utility Verification Request Preliminary Utility Relocation Plans from Utilities Prepare R/W Requirements Prepare R/W and Utility Relocation Cost Estimates Submit R/W Requirements & Utility Relocation Plans for Review Review and Comment on R/W Requirements Longitudinal Encroachment Review Longitudinal Encroachment Application to District Approve Longitudinal Encroachment Application Request Final Utility Relocation Plans Check Utility Relocation Plans Submit Utility Relocation Plans for Approval Approve Utility Relocation Plans Submit Final R/W Requirements for Review & Approval Fence and Excess Land Review R/W Layout Review Approve R/W Requirements Obtain Title Reports Complete Appraisals Review and Approve Appraisals for Setting Just Compensation Prepare Acquisition Documents Acquire R/W open escrows and Make Payments Obtain Resolution of Necessity Perform Eminent Domain Proceedings Provide Displace Relocation Services Prepare Relocation Payment Valuations Provide Displace Relocation Payments Perform Property Management Activities Perform R/W Clearance Activities Prepare and Submit Certification of R/W Review and Approve Certification of R/W Transfer R/W to STATE - Approve & Record Title Transfer Documents Prepare R/W Record Maps 19 RESPONSIBILIIY STATE CITY X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X District Agreement No. 12 -246 RESPONSIBILIIY STATE CITY PROJECT ACTIVITY 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 BEES Estimate X Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustment Details X Prepare & Submit Preliminary Drainage Plans X Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans & 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 X Review Preliminary Electrical Plans X Prepare & Submit Preliminary Signing Plans X Review Preliminary Signing Plans X Quantity Calculations X Safety Review X X Prepare Specifications X 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 Prepare & Submit Striping Plan X Review & Approve Striping Plan X Prepare Final Estimate X Prepare & Submit Draft PS&E X Review Draft PS&E X Finalize & Submit PS&E to District X 20 District Agreement No. 12 -246 RESPONSIBILIIY STATE CITY PROJECT ACTIVITY 5. HAZARDOUS WASTE ACTIVITY Conduct an Initial Site Assessment (ISA) for hazardous waste on the properties involved in PROJECT. ISA shall be performed by qualified personnel X Confirm potential Hazardous Waste Sites identified in the ISA by coducting site investigation (soil /groundwater testing) to determine the type and extent of contamination x Prepare a report of the Site Investigation X Review Site Investigation Report prepared by CITY X After STATE review send the Report to Regulatory Agency(ies) for their Approval X 21 District Agreement No. 12 -246 iT1Yli TM:�u ��I�Mlfc? DEFINITIONS Basic Design Features - A general description of the facility: • Design speed of State highway facility and Local Agency roads and streets. Number of through lanes, auxiliary lanes and locations of interchanges and separations. • Widths of through lanes, medians, and shoulders for both the State highway facility and local roads and streets. Need of special feature such as soundwalls, transportation system management plans, HOV lanes, bridge widening, ramp metering, etc. See Figure 2 -1.3A of State Project Development Procedures Manual for additional discussion of items to be considered as basic design features. Mandatory and Advisory Design Standards - See Index 82.3 of State's Highway Design Manual for the definition and listing of these items. 22 F _ STATE OF CALIFORNIA-BUSINESS AND TRANSPORTATION AGENCY j PETE WILSON, Gov ovemor DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 August 29, 1996 Mr. Gail Pickart, P.E. City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, California, 92658 -8915 Dear Mr. Pickart: 12- ORA -55 0.2/0.4 12 -ORA -1 19.75/19.90 Improvement at Interchange Rte 1 & Rte 55 District Agreement No. 12 -246 Cat. 260 Subject: EXECUTED COOPERATIVE AGREEMENT Attached for the City of Newport Beach's files is a fully executed copy of the Cooperative Agreement No. 12 -246 between the State of California and the City, for the above referenced project. We thank you for your cooperation in the processing of this Agreement. If you have any questions, please call me at 724 -2816. Sincerely, §' V AG 7S R. VILLANUEVA Chief, Design Branch C Attachment 12- ORA -55 0.20/0.40 12- ORA -01 19.75/19.90 Improvements at Interchange Rte 1 (Pacific Coast Highway) and Rte 55 (Newport Blvd.) 12208 - 03890K District Agreement No. 12 -246 LW-0161 • R1.1-11V 0 1 V1 a MOCIZ01 510 10 Oki V i This AGREEMENT entered into on 1n e 2241 , 196L6; is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and 013483 CITY OF NEWPORT BEACH a body politic and a municipal corporation of the State of California, referred to herein as C64Y•1 District Agreement No. 12 -246 RECITALS (1) S''ATE 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) CITY desires State highway improvements at the interchange of State Route 55 (Newport Blvd.) amd State Route 1 (Pacific Coast Highway) consisting of rebuilding the Route 55 overcrossing, widening the bridge overcrossing of Newport Channel and miscellaneous improvement of various on /off ramps at the interchange in the City of Newport Beach, referred to herein as "PROJECT ", and is willing to fund one hundred percent (100 %) of all capital outlay and staffing costs, except for costs of STATE's oversight of environmental, design, and right of way activities. (3) The original Environmental Impact Statement (FHWA -CA- EIS- 83 -03 -F) was done in July 1985 with the most recent reevaluation completed in June 1989. At the present, CITY is preparing the latest reevaluation for the Environmental Impact Statement to comply with NEPA standard within the limit of PROJECT. 1 • District Agreement No. 12 -246 (4) This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. (5) Construction of said PROJECT will be the subject of a separate future Agreement. (6) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed, and financed. CITY AGREES: (1) To fund one hundred percent (100 %) of all preliminary and design engineering costs, including, but not limited to, costs for preparation of contract documents and advertising and awarding the PROJECT construction contract. (2) To have a Project Report (PR), Environmental Document (ED) , 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. Project Report, final plans and standard special provisions shall be signed by a Civil Engineer registered in the State of California. 2 District Agreement No. 12 -246 (3) To permit STATE to monitor and participate in the selection of personnel who will prepare the PR, conduct environmental studies and obtain the environmental clearance, prepare the PS&E, provide the right of way engineering services, and perform right of way activities. CITY agrees to consider any request 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. (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) To make written application to STATE for necessary encroachment permits authorizing entry onto STATE's right of way to perform surveying and other investigative activities required for preparation of the PR, ED and /or PS&E. (6) To identify and locate all utility facilities within the PROJECT area as part of its PROJECT design responsibility. All utility facilities 3 District Agreement No. 12 -246 not relocated or removed in advance of construction shall be identified on the PROJECT plans and specifications. (7) To identify and locate all high and low risk underground facilities within the PROJECT area and to protect or otherwise provide for such facilities, all in accordance with STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way ". CITY hereby acknowledges receipt of STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way" dated August WOMEN (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 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 2 District Agreement No. 12 -246 removal of all conflicting facilities within 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) CITY shall require the utility owner and /or its contractors performing the relocation work within STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. (11) To perform all right of way activities, including all eminent domain activities, if necessary, 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 insure that the completed work is acceptable for incorporation into the State highway right of way. (12) 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 Handbook. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 5 District Agreement No. 12 -246 (13) To certify legal and physical control of right 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. (14) To deliver to STATE legal title to the right of way free and clear of all 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 for by CITY. (15) To be responsible, at CITY expense, for the investigation and remediation of potential hazardous waste sites outside of the existing State highway right of way that would impact PROJECT. (16) If CITY desires to have STATE advertise, award and administer the construction contract for PROJECT, CITY shall provide all plans prepared by CITY or CITY's consultant on either 8 millimeter magnetic tape using Micro Station Release 5.0 .dgn files in UNIX TAR. One copy of the data on the magnetic tape, including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PS&E for PROJECT. STATE reserves the right to 3 0 District Agreement No 12 -246 modify the magnetic tape requirements and STATE shall provide CITY- advance written notice of any such modifications. SECTION II � Y � (1) To provide, at no cost to CITY, oversight of PROJECT and to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. (2) To provide, at no cost to CITY, 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 application by CITY, an encroachment permit to CITY authorizing entry onto STATE's right of way to perform survey and other investigative activities required for preparation of the PR, ED and /or PS&E. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain an encroachment permit. The permit will be issued at no cost upon proper application by the consultants. 7 District Agreement No. 12 -246 (4) To be responsible, at STATE expense, for the investigation and remediation of potential hazardous waste within the existing State highway right of way that would impact PROJECT, if it is determined that the source of contamination is within the existing state highway right of way and that the contamination presents a threat to public health or the 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 costs 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 within existing state highway right of way. 0 SECTION III 0 District Agreement No. 12 -246 (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) 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 in writing to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY's Director of Public Works or other official designated by CITY and STATE's District Director for District 12 and become a part of this Agreement after execution by the respective officials of the parties. (3) The Project Study Report (PSR) for PROJECT approved on March 28, 1996, by this reference, shall become part of this Agreement. (4) The basic design features (as defined in Attachment 3 of the Scope of Work for PROJECT) shall comply with those addressed in the approved PSR, unless modified as required for environmental clearance and /or FHWA approval of PROJECT. E District Agreement No. 12 -246 (5) The design, right of way acquisition, and preparation of environmental documents for PROJECT shall be performed in accordance with STATE standards and practices current as of the date of execution of this Agreement. Any exception to applicable design standards shall be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums and design bulletins published by STATE. In the event that STATE proposes and /or requires a change in design standards, implementation of new or revised design standards shall be done in accordance with STATE's memorandum "Effective Date for Implementing Revisions to Design Standards ", dated February 8, 1991. STATE shall consult with CITY in a timely manner regarding effect of proposed and /or required changes on PROJECT. (6) If additional right of way is required, CITY shall engage a qualified agency to acquire all necessary additional rights of way, that will permit full possession and control of said right of way, and transfer in fee to STATE, at no cost to STATE, and subject to prior examination and acceptance by STATE of the degree of title to be convered to STATE. The full possession and control shall be obtained prior to advertising the PROJECT for construction, in the event title has not passed. 10 District Agreement No. 12 -246 (7) CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed by STATE and CITY in a subsequent amendment to this Agreement. (8) If a finding is made that Federal and State regulations do not require mitigation of contaminated material in its present condition within the existing State highway right of way, CITY shall be responsible, at CITY expense, for any remedial action required as a result of proceeding with PROJECT. Locations subject to cleanup include utility relocation work required for PROJECT. (9) If Federal and State regulations indicate contaminated material within the existing State highway right of way presents a threat to public health or the environment, regardless of whether it is disturbed or not, STATE shall be responsible for the cleanup at STATE expense. IF STATE's cost to mitigate is increased due to PROJECT, the additional cost shall be borne by CITY. (10) 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 11 District Agreement No. 12 -246 STATE and shall be performed in accordance with standards and practices of STATE and other Federal and State regulatory agencies. (11) A separate Cooperative Agreement will be required to cover responsibilities and funding for the PROJECT construction phase. (12) 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 highways different from the standard of care imposed by law. (13) 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 810.8) occurring by reason of anything done or omitted to be done by CITY under or in 12 District Agreement No. 12 -246 connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (14) 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 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. (15) This Agreement may be terminated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. (16) Except as otherwise provided in Article (15) above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT or on December 31, 2000, whichever is earlier in time. 13 0 District Agreement No 12 -246 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation BY: / % -o L ALT H. HAGE District Division Chief Design Approved as to Form and Procedure — \'n&p. Attolty Department of Transportation Certified as to Form and Procedure V` Accounting Administrator Certified as to funds District Budget Manager 14 CITY OF Newport Beach BY: Mayor Attest "74 ty e k Approved as to From and Procedure i y Attlorney 01 District Agreement No. 12 -246 SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed Route 55 /Route 1 interchange improvements. (1) CITY will be the Lead Agency for CEQA and STATE will be the State Lead Agency for NEPA. The Federal Highway Administration (FHWA) will be the Federal Lead Agency for NEPA. CITY will prepare the Environmental Document (s) (ED) to meet the requirements of CEQA and NEPA,The draft and final ED will require STATE review and approval prior to public circulation. CITY will provide all data for and prepare drafts of the Project Report (PR) and the Project Approval Report (PAR) . STATE will review and process the reports and request approval of the PROJECT and ED by the FHWA. CITY will be responsible for the public hearing process. CITY will provide the necessary environmental clearance for this project. CITY will perform all studies to document the Categorical Exemption /Categorical Exclusion (CE /CE) determination. STATE will sign the CE /CE determination sheet. If, during preliminary engineering or preparation of the PS&E, new information is obtained which requires the preparation of an environmental clearance document, this Agreement will be amended to include completion of these additional tasks by CITY. 15 0 District Agreement No. 12 -246 (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 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 by CITY furnished by CITY. Existing traffic data shall be (4) STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to but not including advertising of PROJECT. (5) The 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 attached to this Scope of Work. These Attachments are intended as a guide to STATE and CITY staff. 16 ATTACHMENT 1 PLANNING PHASE ACTIVITIES RESPONSIBILIIY STATE CITY PROJECT ACTIVITY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs X Prepare and Submit Environmental Studies and Reports X Review and Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) X Review DED in District X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Review and Approve Project Geometrics and Operational Analysis X 3. PROJECT APPROVAL Lead Agency for Environment Clearance Certifies ED in Accordance with its Procedures X X Prepare Draft Project Report (DPR) X Finalize and Submit Project Report with Certified ED for Approval X Approve Project Report X 17 District Agreement No. 12 -246 ATTACHMENT 2 DESIGN PHASE ACTIVITIES 10cf- OR10110OW4 STATE CITY PROJECT ACTIVITY Request 1- Phase EA X Field Review of Site X X Provide Geometrics X Approve Geometrics X Obtain Surveys and Aerial Mapping X Obtain Copies of Assessor Maps and Other R/W Maps X Obtain Copies of As- Builts X Send Approved Geometrics to Local Agencies for Review X Revise Approved Geometrics if Required X Approve Final Geometrics X Determine Need for Permits from Other Agencies X X Request Permits X Initial Hydraulics Discussion with District Staff X Initial Electrical Design Discussion with District Staff X Initial Traffic & Signing Discussion with District Staff X Initial Landscape Design Discussion with District Staff X Plan Sheet Format Discussion X X 2. ENGINEERING STUDIES AND REPORTS Prepare & Submit Materials Report & Typical Section X Review and Approve Materials Report & Typical Section X Prepare & Submit Landscaping Recommendation X Review & Approve Landscaping Recommendation X 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 Selection X 18 District PROJECT ACTIVITY 3. R/W ACQUISTION & UTILITIES Agreement No. 12 -246 Perform necessary arrangements with owners of such utility facilities for their protection, relocation and removal Request Utility Verification Request Preliminary Utility Relocation Plans from Utilities Prepare R/W Requirements Prepare R/W and Utility Relocation Cost Estimates Submit R/W Requirements & Utility Relocation Plans for Review Review and Comment on R/W Requirements Longitudinal Encroachment Review Longitudinal Encroachment Application to District Approve Longitudinal Encroachment Application Request Final Utility Relocation Plans Check Utility Relocation Plans Submit Utility Relocation Plans for Approval Approve Utility Relocation Plans Submit Final R/W Requirements for Review & Approval Fence and Excess Land Review R/W Layout Review Approve R/W Requirements Obtain Title Reports Complete Appraisals Review and Approve Appraisals for Setting Just Compensation Prepare Acquisition Documents Acquire R/W Open escrows and Make Payments Obtain Resolution of Necessity Perform Eminent Domain Proceedings Provide Displace Relocation Services Prepare Relocation Payment Valuations Provide Displace Relocation Payments Perform Property Management Activities Perform R/W Clearance Activities Prepare and Submit Certification of R/W Review and Approve Certification of R/W Transfer R/W to STATE - Approve & Record Title Transfer Documents Prepare R/W Record Maps 19 RESPONSIBILIIY STATE CITY X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X District Agreement No. 12 -246 RESPONSIBILIIY STATE CITY PROJECT ACTIVITY 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 g Cross - Sections & Earthwork Quantities Calculation X Prepare and Submit BEES Estimate x Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustment Details g Prepare & Submit Preliminary Drainage Plans X Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans & Submit for Review g 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 g Review Preliminary Electrical. Plans X Prepare & Submit Preliminary Signing Plans X Review Preliminary Signing Plans X Quantity Calculations X Safety Review X X Prepare Specifications X Prepare & Submit Checked Structure Plans X Review & Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements g Review and Approve Lane Closure Requirements X Prepare & Submit Striping Plan X Review & Approve Striping Plan X Prepare Final Estimate X Prepare & Submit Draft PS&E g Review Draft PS&E g Finalize & Submit PS&E to District g 20 District Agreement No. 12 -246 RESPONSIBILIIY STATE CITY PROJECT ACTIVITY 5. HAZARDOUS WASTE ACTIVITY Conduct an Initial Site Assessment (ISA) for hazardous waste on the properties involved in PROJECT. ISA shall be performed by qualified personnel X Confirm potential Hazardous Waste Sites identified in the ISA by coducting site investigation (soil /groundwater testing) to determine the type and extent of contamination X Prepare a report of the Site Investigation X Review Site Investigation Report prepared by CITY X After STATE review send the Report to Regulatory Agency(ies) for their Approval X 21 District Agreement No. 12 -246 ATTACHMENT 3 DEFINITIONS Basic Design Features - A general description of the facility: Design speed of State highway facility and Local Agency roads and streets. • Number of through lanes, auxiliary lanes and locations of interchanges and separations. • Widths of through lanes, medians, and shoulders for both the State highway facility and local roads and streets. • Need of special feature such as soundwalls, transportation system management plans, HOV lanes, bridge widening, ramp metering, etc. See Figure 2 -1.3A of State Project Development Procedures Manual for additional discussion of items to be considered as basic design features. Mandatory and Advisory Design Standards - See Index 82.3 of State's Highway Design Manual for the definition and listing of these items. 22 �AGSo June 28, 1999 • i JUN ' El CITY COUNCIL AGENDA f ITEM NO. 6 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS, ORANGE COUNTY SANITATION DISTRICT REIMBURSEMENT AGREEMENT NO. 3 AND AMENDMENTS TO PROFESSIONAL SERVICE AGREEMENTS — CONTRACT NO. 2886 RECOMMENDATIONS: 1. Approve Amendment No. 3 to Cooperation and Reimbursement Agreement with Orange County Sanitation Districts. 2. Approve Amendment No. 3 to Professional Services Agreement with MK Centennial for construction management. IS 3. Approve Amendment No. 1 to Professional Services Agreement with Gail P. Pickart, P.E. for project management. 4. Approve Amendment No. 2 to Professional Services Agreement with Moffatt & Nichol Engineers for civil engineering support. 5. Approve a budget amendment appropriating $257,648 to the Contribution Fund Account No. 7251- C5100199 and appropriating $964,292 from the Circulation and Transportation Fund to Account No. 7261- C5100199. DISCUSSION: As the final accounting for the "Arches" Interchange Improvements project nears completion, the staff has reviewed and analyzed the contractual obligations and budget allocations for the overall project. Various contracts need to be amended to provide funds to pay costs that are now more specifically identified. Contractual Agreement Amendments: 1. Orange County Sanitation Districts (OCSD). A Cooperation and Reimbursement Agreement dated December 9, 1996, was entered into by the City and OCSD relative to sewer improvements to be constructed as part of the Arches project. The SUBJECT: Newport Boulevard /Co�ighway "Arches' Interchange Improvements, Oran�unty Sanitation District Reimbursement Agree No. 3 and Amendments to Professional Service A ents (C -2886) June 28, 1999 Page 2 City and OCSD have also approved Amendment Nos. 1 & 2 to the Agreement (both • dated June 8, 1998). A summary of costs to be reimbursed is as follows: OCSD Design Construction Construction Management Totals Initial Agreement $27,540.00 $370,000.00 (Included in Amendment No. 2 $397,540.00 Amendment No. 1 22,500.00 423,000.00 21,150.00 466,650.00 Amendment No. 2 46,794.00 702,866.00 53,643.00 803,303.00 Totals $96,834.00 $1,495,866.00 $74,793.00 $1,667,493.00 Amendment No. 3 0 257,648.00 0 257,648.00 Totals $96,834.00 $1,753,514.00 $74,793.00 $1,925,141.00 The reimbursement amounts for design and construction management are unchanged; however, OCSD authorized several additional items of construction related to relocating their sewer force main in the southeasterly quadrant of the "Arches" interchange. Accordingly, the construction costs have increased by $257,648 from $1,495,866 to $1,753,514. Amendment No. 3 to the Cooperation and Reimbursement Agreement provides for OCSD to reimburse the City the additional $257,648 of construction costs, thereby increasing the total reimbursement by OCSD from $1,667,493 to $1,925,141. Staff recommends that Amendment No. 3 (copy attached) be approved by the City Council and that the Mayor and City Clerk be authorized to sign it on behalf of the City. 2. M.K. Centennial (MKC). A Professional Services Agreement with MKC was entered into on June 23, 1997, to provide construction management, surveying, and inspection services for the "Arches" project. The Agreement established a compensation amount of $928,014 and anticipated a project construction duration of 18 months, ending in February 1999. On May 11, 1998, the City Council approved Amendment No. 1 to MKC's Agreement authorizing an additional compensation amount of $119,708 to cover services related to the reinforced concrete box (RCB) storm drain crossing of Pacific Coast Highway, which was added to the construction contract with Brutoco Engineering and Construction, Inc. ( Brutoco). On September 28, 1998, the City Council approved Amendment No. 2 to MKC's Agreement, authorizing an additional compensation amount of $56,653.37 to cover the costs for surveying and construction staking that exceeded the scope of work contemplated by the initial Professional Services Agreement. The total compensation to MKC, currently authorized by the Agreement and its two Amendments, is $1,104,375.37. The addition of the RCB construction to Brutoco's contract, the extensive utility relocation work associated with the RCB construction and the addition of a number of other work items have caused the project completion date to change from February 1999 to June 1999. The cost for MKC to provide project management and inspection services for the additional 4 months has been determined to be $165,000. Staff recommends that Amendment No. 3 to MKC's Agreement (copy SUBJECT: Newport Boulevard/CoasWWway "Arches" Interchange Improvements, Orange�ty Sanitation District Reimbursement Agreem . 3 and Amendments to Professional Service Agr nts (C -2886) June 28, 1999 Page 3 • attached), increasing their total compensation by $165,000 from $1,104,375.37 to $1,269,375.37, be approved by the City Council, and that the Mayor and the City Clerk be authorized to sign it on behalf of the City. 0 MK Centennial Amount Comment June 3, 1997 Contract $928,014.00 original 18 Month Contract Amendment No. 1 119,708.00 Added Storm Drain Work Amendment No. 2 56,653.37 Added Surveying Work Total $1,104,375.37 Prepare "As Built" Drawings 230 sheets Proposed Amendment No. 3 165,000.00 Added 4 Months to Contract Total $1,269,375.37 3. Gail P. Pickart, P.E. (Pickart). Project management services have been provided by Pickart on a continuing basis during project design and construction. A Professional Services Agreement dated November 1, 1998, provided for a compensation amount of $24,750 during the period of November 1, 1998, to March 31, 1999. Amendment No. 1 to the Agreement with Pickart will provide for an additional compensation amount of $17,150 to cover project management services during the period from April 1, 1999, through July 31, 1999, establishing $41,900 as the total compensation under the Agreement. Extending project management services for an additional 4 months provides for compilation of the project's final accounting, coordinating "as- built" changes to the project drawings, and finalizing reimbursements from other agencies. Staff recommends that Amendment No. 1 to Pickart's Agreement (copy attached) be approved by the City Council, and that the Mayor and the City Clerk be authorized to sign it on behalf of the City. Pickart Project Management Amount Comment November 11, 1998 Agreement $24,750.00 For Work 11/1/98 to 3/31/99 5 months Proposed Amendment No. 1 17,150.00 Add 4 months to complete project Total $41,900.00 4. Moffatt & Nichol Engineers (MNE). Because of the unknown scope of work, the Professional Services Agreement with MNE dated June 23, 1997, for support during construction did not include compensation for making the "as- built" changes to the project drawings. The "as built Changes are currently being compiled and the estimated cost to revise the project drawings to reflect the "as built" conditions is $45,000. Staff recommends that Amendment No. 2 to MNE's Agreement (copy attached) be approved by the City Council, and that the Mayor and the City Clerk be authorized to sign it on behalf of the City. Moffatt & Nichol Amount Comments Original Contract $ 57,825.00 Construction Support Services Amendment No. 1 105,872.50 Shop Drawings & Change Order Reviews Total $163,697.50 Proposed Amendment No. 2 $45,000.00 Prepare "As Built" Drawings 230 sheets Total $208,697.50 SUBJECT: Newport Boulevard /Coighway "Arches" Interchange Improvements, Oraniftunty Sanitation District Reimbursement Agree No. 3 and Amendments to Professional Service Allpfrients (C -2886) June 28, 1999 Page 4 5. Budget Amendment. The additional costs described above and added construction . costs to be paid to Brutoco require a budget amendment. The budget amendment items are: a. Increase revenue to the Contribution Fund by $257,648 reflecting the additional reimbursement from OCSD and appropriate that same amount to Account No. 7251- C5100199. b. Appropriate $227,150 from the Circulation and Transportation Fund to Account No. 7261- C5100199 to cover additional compensation to MK Centennial ($165,000), Gail Pickart, P.E. ($17,150), and Moffatt & Nichol Engineers ($45,000). c. Appropriate $737,142 from the Circulation and Transportation Fund to Account No. 7261- C5100199 to cover Brutoco's added construction costs. The construction contract was awarded to Brutoco on June 23, 1997, for an amount of $11,933,916.50. The work under the contract has been increased such that the final payment is anticipated to total nearly $15,700,000. More than half the increase relates to the RCB storm drain construction and associated utility relocations. A tabulation of the funding sources for construction is as follows: BRUTOCO CONSTRUCTION CONTRACT FUNDING SOURCE AWARD AMOUNT FINAL AMOUNT Federal ISTEA 7282 $5,457,872.00 $5,457,872.00 OCTA Measure M 7284 1,499,380.37 1,499,380.37 CIOSA Loan 7432 3,804,334.75 3,784,334.75 Contributions 7251 1,519,081.00 3,535,334.00 1 Water Main Replacement 7501 0 323,254.78 Traffic Signal Upgrade (7181h 0 65,855.00 Circulation & Transportation 7261 296,827.88 1,033,969.10 2 Totals $12,577,496.00 $15,700,000.00 (1) Hoag Hospital $440,000.00; OCSD $1,753,514.00; Caltrans $1,341,820.00. (2) $1,033,969.10 minus $296,827.88 = $737,141.22 Budget Amendment requested in 5.c. above. Is SUBJECT: Newport Boulevard /CoastAMway "Arches" Interchange Improvements, Orange AWty Sanitation District Reimbursement Agreeme . 3 and Amendments to Professional Service Agr is (C -2886) June 28, 1999 Page 5 . A listing of the most significant items of work that have been added to the project resulting in the increased construction cost is as follows: ADDED WORK TO CONSTRUCTION CONTRACT WITH BRUTOCO RCB storm drain crossing PCH - CALTRANS $1,470,000.00 Water main relocation and replacement 323,300.00 OCSD sewer main relocation and replacement 710,200.00 Heavy Sandblasting of retaining walls 83,600A0 Slope paving under channel bridge, bike path reconstruction, and installation of underground drains adjacent to Balboa Coves boundary wall 47,000.00 Traffic signal modifications at Hospital Road for left-turn phases 65,800.00 Earthwork quantity overrun 108,600.00 Traffic control modifications for public convenience and Channel Bridge retrofitting 79,000.00 Offshe riparian mitigation in Lower Big Canyon for RCB along Old Newport Boulevard 49,000.00 Bypass pumps at Lido Pump Station 30,200.00 Removal of existing walls along Clubhouse Avenue to accommodate sound wall construction 64,500.00 Total $3,031,200.00 In summary, staff recommends approval of a budget amendment increasing revenue to the Contribution Fund by $257,648 and appropriating that amount to Account No. 7251 - 05100199 and appropriating $964,292 from the Circulation and Transportation Fund to Account No. 7261- C5100199. Respgtitfully S'�ylDrrfitted, PUBLIC )trWORKS DEPARTMENT Don Webb, Director By: Lloyd Dalton, P.E. Staff Project Manager Attachments: Amendment No. 3 to OCSD Cooperation and Reimbursement Agreement Amendment No. 3 to MK Centennial Professional Services Agreement Amendment No. 1 to Pickart Professional Services Agreement Amendment No. 2 to Moffatt & Nichol Professional Services Agreement f:\users\pbwl shared \council\fy98 -991 une- 28tarches - c- 2886.doc • AMENDMENT NO. 3 . TO COOPERATION AND REIMBURSEMENT AGREEMENT THIS AMENDMENT NO. 3 TO COOPERATION AND REIMBURSEMENT AGREEMENT is made this day of 1999, by and between: AND ORANGE COUNTY SANITATION DISTRICT (hereinafter referred to as "District ") CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City") RECITALS: WHEREAS, District and City have entered into a COOPERATION AND REIMBURSEMENT AGREEMENT which was executed on the 18th day of December, 1996, at Fountain Valley, California; and WHEREAS, District and City have also entered into Amendment Nos. 1 and 2 to COOPERATION AND REIMBURSEMENT AGREEMENT on June 24,1998; and June 8, 1998, respectively; and WHEREAS, District desires to make additional improvements to its force main system as a part of City's additional improvement plans; and WHEREAS; District and City desire to further amend their respective obligations and the scope of improvements covered by the COOPERATION AND REIMBURSEMENT AGREEMENT and Amendment Nos. 1 and 2 so as to accommodate the improvements to the force main system; and NOW, THEREFORE, BE IT RESOLVED between District and City as follows: Section 1.(b) Elements of Agreement shall be amended to include the following: (b) Additional District facilities shall be constructed in connection with Project to include (xi) replacement of sewer force main identified as Line F, (xii) blowoff manhole piping connection between Line F and gravity line along the south side of Pacific Coast Highway, and (xiii) other items as described in Contract Change Order Nos. 2, 24, 24S1, 2452, 2453, and 2454. • 9 11 • Section 2 Cityl%pecific Obligations shall be ameled to include the following: City shall: (a) Contract for construction of the additional facilities set forth in Section 1(b) of this Amendment No. 3. Section 3 District's Specific Obligations shall be amended to include the following: District shall: (a) Provide inspection services with respect to the design and construction of the additional facilities set forth in Section 1(b) of this Amendment No. 3. (b) Reimburse City for the construction costs associated with the additional facilities set forth in Section 1(b) of this Amendment No. 3 as estimated below: Construction costs: $257,648.00 Section 5.(b) Timing of Reimbursement shall be amended to include the following: (b) District shall also pay a deposit to City in the amount of Two Hundred Fifty Seven Thousand Six Hundred Forty Eight Dollars ($257,648.00) or an amount equal to the sum of costs for construction, of District's additional facilities, whichever is less. Such additional deposit shall be paid within thirty (30) days after District's receipt of City's invoice for the deposit amount. All other terms, provisions, and conditions set forth in the COOPERATION AND REIMBURSEMENT AGREEMENT dated December 18, 1996, and in Amendment Nos. 1 and 2 shall remain unchanged and shall continue to be in full force and effect. Executed Valley, California. "DISTRICT" APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL day of 0 , 1999, at Fountain ORANGE COUNTY SANITATION DISTRICT By: Chairman, Board of Directors 0 Secretary, Board of Directors "CITY" CITY OF NEWPORT BEACH a ATTEST: City Clerk APROVED AS TO FORM: By: City Attorney Dennis D. O'Neil, Mayor [_]I • H:\wp.dtaXengM)ISTRICTSTortns \COOPERATION REIMBURSEMENT AGREEMENT.doc . F AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 55/1) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 3, made and entered into this 28th day of June, 1999, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and MK Centennial, whose address is 17300 Red Hill Avenue, Suite 150, Irvine, California 92614, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On June 23, 1997, a Professional Services Agreement for Construction Management Services related to the Newport Boulevard and Pacific Coast Highway (SR 55/1) "Arches" Interchange Improvements was entered into by and between CITY and CONSULTANT, (hereinafter referred to as "AGREEMENT'). B. Section 36 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into written amendments signed by both parties. C. CITY and CONSULTANT have heretofore amended AGREEMENT by executing AMENDMENT NOS. 1 and 2. D. CITY and CONSULTANT mutually desire to further amend AGREEMENT (hereinafter referred to as "AMENDMENT NO. 3") as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall provide construction management services for an extended period as set forth in Exhibit "A ", attached hereto and incorporated herein by reference. • C, 2. Compensation to be paid to CONSULTANT for such additional surveying services shall not exceed $165,000.00. 3. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $165,000.00 from $1,104,375.37 to $1,269,375.37. 4. 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 continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 on the date first above written. CITY OF NEWPORT BEACH, A Municipal Corporation BY: Mayor APPROVED AS TO FORM: City Attorney CONSULTANT BY: MK Centennial ATTEST: City Clerk u f:\ groups\ pubworks\agmt \99 \MKC- 3amend.doc 2 MK CENTENNIAL 0 7300 REDHILL AVENUE • SUITE 150 TEL: 949- 756 -6006 CENTENNIAL ENGINEERING. INC. IRVINE. CALIFORNIA 92614 FAX: 949- 756 -6116 0 MKC Job 1844.02 June 21, 1999 Mr. Lloyd Dalton City of Newport Beach 3300 Newport Boulevard. Newport Beach, CA 92658 -8915 Subject: Proposed Amendment No. 3 - Construction Management Contract Newport Arches Interchange - Contract C -2886 Please find attached a revised amendment No. 3 proposal per the City's request. This proposal provides for CE &I, surveying, and material testing services between March 1 1999 and July 2, 1999. If you have any questions, please call Dave Wanderling or myself at (949) 756 -6006. Sincerely, Robert J. Close, P.E. Vice President RJClJDW: Attachments cc: Dave Wanderling Mike Harrington • Exhibit A A MORRISON KNUDSEN COMPANY MK CENTENNIAL C6NT6NNIAL lNpINEERINA, INC. Nches Interchange Project QRCHE6 INTERCHANGE IMPROVEMENT PROJECT • 201 •112 OLD NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 TEL: 949 574 0328 FAX. 949 574 0721 Amendment No. 3 41,300.000.00 51,000.000.00 S4W,000.OD NUMBER OF PERSONNEL BUDGET ACTUAL PERIOD ACTUAL MANHOURS PERIOD BUDGETED MANHOURS UMULATIV ACTUAL MANHOURS UMULATIV BUDGETED MANHOURS PERIOD INVOICE AMOUNT PERIOD BUDGETED AMOUNT Sfi0D,000.00 CUMULATIVE'. ' BUDGET,.'. -'. AMOUNT' - 6127/97 4 0 0 35 20 35 20 53,255.00 $1.860.00 $3,255.00 SIW,p00.00 725197 4 0 0 46 0 81 20 $4,094.00 $0.00 $7,349.00 •INVOK.E M4WNT DaUDGETAMDUN3 4200,000.00 5 2 3 242 150 323 170 $19,563.00 $12,600.00 526,912.00 $14,460.00 82697 4 1 4 536 600 859 770 sees 548,200.00 568,407.00 $W 660.00 102497 4 4 4 578 800 1437 1370 544,898.00 $46,200.00 $113,305.00 5106,860.00 1128/97 5 4 4 707 750 21" ,A N'� BILLING PERIOD WEEKS/ CYCLE NUMBER OF PERSONNEL BUDGET ACTUAL PERIOD ACTUAL MANHOURS PERIOD BUDGETED MANHOURS UMULATIV ACTUAL MANHOURS UMULATIV BUDGETED MANHOURS PERIOD INVOICE AMOUNT PERIOD BUDGETED AMOUNT CUMULATIVE INVOICE„ .;AMOUNT CUMULATIVE'. ' BUDGET,.'. -'. AMOUNT' - 6127/97 4 0 0 35 20 35 20 53,255.00 $1.860.00 $3,255.00 57,860.00 725197 4 0 0 46 0 81 20 $4,094.00 $0.00 $7,349.00 $1,860.00 82997 5 2 3 242 150 323 170 $19,563.00 $12,600.00 526,912.00 $14,460.00 82697 4 1 4 536 600 859 770 $41,/95.00 548,200.00 568,407.00 $W 660.00 102497 4 4 4 578 800 1437 1370 544,898.00 $46,200.00 $113,305.00 5106,860.00 1128/97 5 4 4 707 750 21" 2120 $53,355.00 $57,750.00 $166.660.00 $164,610.00 122697 4 4 4 555 fi00 2699 2720 542.614.00 546,200.00 $209,274.00 5210,810.00 113098 5 4 4 612 750 3311 3470 547,145.00 $57.750.00 $256,419.00 3268,560.00 227/98 4 4 4 618 600 3929 4070 $17,818.00 $46,200.00 $304.237.00 $314,760.00 32798 4 4 4 631 600 4559 4670 548,270.00 $46,200.00 §352,507.00 $360,960.00 5/198 5 / 4 737 750 5290 5420 556.219.00 $57,750.00 $408.726.00 $118.710.00 52998 4 4 4 591 600 5881 6020 $45, 205.00 546,200.00 $453.931.00 1 $464,910.00 612698 4 5 5 756 750 6637 6770 $57,323.00 $59,625.00 $511,254.00 $524,535.00 713198 5 5 5 825 938 7462 7708 $61,396.00 $74,531.25 5572.650.50 $599,066.25 82898 4 5 5 709 750 8171 8458 $55,248.00 $59,625.00 $627,898.50 $658,69125 925198 4 5 4 584 750 8755 9208 545,487.00 $59,625.00 $673.385.50 $718,316.25 10/3095 5 5 4 746 938 9501 10145 $52,650.50 $74,53115 $726,036.00 $792,847.50 1127/98 4 2 4 518 300 10019 10445 $40,229.W $25,200.00 $766,264.00 $818,047.50 111/99 5 2 4 632 375 10650 1 10820 $48,394.00 $31,500.00 $814,658.00 5849.517.50 12999 4 2 4 563 300 11213 11213 545,321.00 $25,200.00 $859,979.00 $859879.00 22699 4 4.00 4.00 609 800 11822 11813 548,264.00 552,776.75 $908,243.00 $912,755.75 42199 5 3.00 3.00 572 563 12394 12376 550,431.00 549,40625 $958.67/.00 $962.162.00 4/3099 4 2.50 2.50 456 375 12800 12751 540,004.00 533,000.00 5998,678.00 $995.162.00 52899 4 2.50 2.50 395 375 132" 13126 535,389.00 $33,000.00 $1,036,00].00 51,028,162.W 7299 5 1.50 1.50 187 281 13431 13407 516,910.00 527,375.00 51,050,977.00 51,055,537.00 DIRECTS I SUBS BUDGET SPENT % USED %TIME DIRECT EXPENSES $5,000.00 1,104,375.37 AMEND. 3 AMEND NO3 •$2,475.00 1,209,375.37 REVISED $2,525.00 52,632.03 104% 95% PSOMAS(SURVEY) w/RCB $90.294.00 $130,062.00 PSOMAS ADDL (SURVEY) 556.663.37 539.466.00 $146,947.37 TTD AMEND NO.3 $20,387.00 REVISED $167,3 3C.37 $169,528.00 101% 100% LAW I NINYO (TESTING) $26,000.00 LAW I NINYO RCB (TESTING 58,500.00 TTD 53000.00 AMEND NO.3 $9,479.00 REVISED $43,979.0 $40,113.35 91% 88% TOTAL DIRECTS/ SUBS $186,"7.37 AMEND N0.3 $27,391.00 REVISED 5213,83S .3T $212,273.36 99% 95% UWUINAL UEal 58:10.080.00 RCB CE81 $57,848.00 CURRENT CE&i 5917,928.00 AMEND NO.3 $137,609.00 hru 59199 TOTAL CE81 $1.065,637.00 - EI31MARIAPR = $60001MO :onpele =EBTIAR/APR= $35001140 ;omplete CONTRACT AUTHORIZATION ORIGINAL 928,014.00 AMEND. 1 82 176,361.37 CURRENT 1,104,375.37 AMEND. 3 165,OW.00 TOTAL 1,209,375.37 TTD SPENT $1,263,250.35 REMAINING $5,124.99 Revised Assumptions: (1) Walk thmughs in early May. ConsWCeon complete Including punclNisl by May 30. 1999. Issue PFE by May 30, 1999. Bmtoon submit as-0uOs oy May 3D. (2) Resolve exceptions to PFE by June 15. Asbuill review 8 resolve by June 15. MKC delivers completion report / files on June 30. (3) NI major issues resolved with OCSD, CaNans, and other agonies by June 15. (4) Inspection provided through May 30. Closeoul In June. No budget available in July and beyond for consultation to City for closeout related matters. (5) Subconsulant charges remain at average levels as project winds down. No subs beyond May 1. No Inspection Including landscaping beyond June 1. (5) Minimal structures inspection beyond March 15. Based on these milestones being achlevee. Resident Engineer / PM half limo 6/w99 Prnc. Assl I Shuts Rep tell time 6!3099 Sr. Field Engineer tell lime 3115199 Bridge / Roadway Insp. full time 50099 6211" MewperVmkc9UDGET1 R--dS 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT PROJECT MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 55/1) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 1 to AGREEMENT, made and entered into this 28th day of June, 1999, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and Gail P. Pickart, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, California, 92663, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On November 1, 1998, a Professional Services Agreement for Project Management Services (hereinafter referred to as "AGREEMENT') related to Newport Boulevard and Pacific Coast Highway (SR 55/1) "Arches" Interchange Improvements (hereinafter referred to as 'PROJECT ") was entered into by and between CITY and CONSULTANT. B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into a written amendment executed by both parties. C. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of the AGREEMENT is extended from April 1, 1999 to July 31, 1999. 2. CONSULTANT shall provide additional and continuing project management services as set forth in Exhibit "A ", attached hereto and incorporated herein by reference. 0 0 3. Compensation to be paid to CONSULTANT for such additional and continuing scope of services shall be in accordance with a not -to- exceed budget of $17,150.00 as set forth in Exhibit "A ". 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $17,150.00 from $24,750.00 to $41,900.00. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk f: \users\pbw\shared \agreements \99\pickart-amend 1.doc 2 CITY OF NEWPORT BEACH, A Municipal Corporation My Mayor 0 CONSULTANT BY: Gail P. Pickart, P.E. 0 • Gail P. Pickart, P.G. • 3345 Newport Boulevard, Suite 215 Newport Beach, California 92663 Phone: (949) 673 -6779 FAX: (949) 673 -6899 EXHIBIT "A" Consultant proposes to provide additional and continuing project management services for the Newport Boulevard and Pacific Coast Highway (SR55 /1) "Arches" Interchange Improvements project during the period of April through July 1999 relative to the following items: 1. Coordinate "as- built" changes to project design drawings and handle distribution of "as- built" drawings to City, Caltrans, and OCSD. 2. Complete administration of construction and consultant contracts for 0.30 acres of wetlands replacement (mitigation) in Lower Big Canyon. 3. Continue handling of Cooperation and Reimbursement Agreements with OCSD for sewer improvements constructed as part of "Arches" project and as part of Lido Sewage Pump Station Replacement project. 4. Identify quantities and costs for "Arches" contract work along Newport Boulevard at Short Street that has to be deferred until old Lido Pump Station is demolished. 5. Perform such other miscellaneous tasks as may be requested from time -to -time to support and augment the work of City staff. The total fee budget for the project management services described in Items 1 - 5 above is $17,150. 0 0 0 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT CIVIL ENGINEERING SUPPORT DURING CONSTRUCTION NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR55/1) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 2, made and entered into this 28th day of June, 1999, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and Moffatt & Nichol Engineers, whose address is 3720 S. Susan Street, Suite 200; Santa Ana, CA 92704 (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On June 23, 1997, a Professional Services Agreement for Civil Engineering Support During Construction (hereinafter referred to as "AGREEMENT") related to constructing Newport Boulevard and Pacific Coast Highway (SR 55/1) "Arches" Interchange Improvements was entered into by and between CITY and CONSULTANT. B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into written amendments signed by both parties C. On September 14, 1998, AMENDMENT NO. 1 to AGREEMENT was entered into by and between City and Consultant (hereinafter referred to as AMENDMENT NO. 1). D. CITY and CONSULTANT mutually desire to increase the scope of civil engineering support services heretofore provided by AGREEMENT and AMENDMENT NO. 1. 0 0 0 0 NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall provide additional civil engineering support services during construction as set forth in CONSULTANT's proposal letter dated June 22, 1999, which is attached hereto as Exhibit "A" and incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional civil engineering support services shall not exceed $45,000.00. 3. Consultant's not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $45,000.00 from $163,697.50 to $208,697.50. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NO. 1 shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. SCITY OF NEWPORT BEACH, A Municipal Corporation 0 ,r BY: Mayor APPROVED AS TO FORM: City Attorney CONSULTANT BY: Moffatt & Nichol Engineers ATTEST: City Clerk F; \US TBWtSharedWWre a M\99V oftt-am ,doc .� ,g„ MOFFATT & NICHOL June 22, 1999 City of Newport Beach Public Works Department P.O. Box 1768 3300 Newport Boulevard Newport Beach, California 92659 -1768 Attention: Lloyd Dalton, P.E. Subject: Newport Boulevard and Pacific Coast Highway (SR- 55/SR -1) "Arches" Interchange RE: Design Support Services During Construction Amendment No. 2 Dear Mr. Dalton, Per the City's request, this letter documents Moffatt & Nichol Engineers proposal and estimated budget for design support services to prepare as -built record drawings for the "Arches" Interchange project. We will update the contract plans based on the contractor's red -line mark -ups and following review by the Construction Management Resident Engineer. Record drawings in imperial units will be prepared for the project's sanitary sewer construction as required by Orange County Sanitation District. The proposed budget is based on as many as 169 sheets to be updated with an average of two hours per sheet to incorporate the rcd -line mark -ups. Some drawings will be electronically updated and replotted. Others will be updated using conventional manual drafting techniques. Moffatt & Nichol Engineers will deliver one set of full size reproducible vellum drawings to the City. Electronic files of available plans will be provided to the City as technically feasible between the City's CAD system and that used for the project. Delivery of the updated plans will be approximately three months following receipt of the red -line mark- ups from the resident engineer. 0 415 North Vineyard Avenue, Suite 200, Ontario, California 91764 (909)9370125 FAX(909)937-0199 0 u 11 City of Newport Bea Lloyd Dalton, P.E. June 22,1999 Page 2 0 We request that our not to exceed budget be increased by $45,000.000 for this work. The new revised not to exceed total for design support services including Amendment No. 1 and this Amendment No. 2 would be $208,697.50. If you have any questions, or requite additional information please call me. Sincerely, MOFFATT & NICHOL ENGINEERS Michael Kraman, P.E. Project Manager cc: G. Pickart, CNB J:0795 021wordl MNICAWC Oc C' of Newport Beach • NO. BA- 080 BUDGET AMENDMENT 1998 -99 AMOUNT: $�,2z1,9ao.00 'ECT ON BUDGETARY FUND BALANCE: x Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance xX EXPLANATION: from existing budget appropriations from additional estimated revenues from unappropriated fund balance This budget amendment is requested to provide for the following: To use funds from Orange County Sanitation District contributions and the Circulation and pay for increased construction costs related to the sewer force main, to cover additional compensation due to the extended contract time and to cover additional construction costs listed in the council report. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Circ & Transp Fund 260 3605 Description Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description 250 4858 Refunds/Rebates- from other Govts EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit $964,292.00 $257,648.00 $257,648.00 $964,292.00 Signed: /o- nci I A prov• Finance do D toy Signed: 4 • G T i Administrative Apps val: City Manager Oatef c: ^ned: City Council Approval: City Clerk Date Description Division 7251 Contributions Account C5100199 PCH /Newport Blvd Improvements Division 7261 Transportation and Circulation Account C5100199 PCH/Newport Blvd Improvements Division Account Division Account Division Account Amount Debit Credit $964,292.00 $257,648.00 $257,648.00 $964,292.00 Signed: /o- nci I A prov• Finance do D toy Signed: 4 • G T i Administrative Apps val: City Manager Oatef c: ^ned: City Council Approval: City Clerk Date Co of Newport Beach • NO. BA- 080 BUDGET AMENDMENT 1998 -99 AMOUNT: 51,221,940.00 'ECT ON BUDGETARY FUND BALANCE: Jt Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations 4o effect on PrT g nce BY THE Cir.' COUNCIL CITY OF NENPCRT BEACH from existing budget appropriations X from additional estimated revenues im 2 8 X from unappropriated fund balance EXPLANATION: -APPROVED] This budget amendment is requested to provide for the following: To use funds from Orange County Sanitation District contributions and the Circulation and Transportation fund to pay for increased construction costs related to the sewer force main, to cover additional compensation due to the extended contract time and to cover additional construction costs listed in the council report. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description Circ & Transp Fund 260 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description 250 4858 Refunds /Rebates- from other Govts EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account r Signed: njrfficio Approval: Finance 13pctoy Signed: I` City Council Approval: City Clerk Amount Debit Credit $964,292.00 " $257,648.00 Automadc $257,648.00 $964,292.00 112-7 7 D toy G l i ate Date Description Division 7251 Contributions Account C5100199 PCH /Newport Blvd Improvements Division 7261 Transportation and Circulation Account C5100199 PCH /Newport Blvd Improvements Division Account Division Account Division Account r Signed: njrfficio Approval: Finance 13pctoy Signed: I` City Council Approval: City Clerk Amount Debit Credit $964,292.00 " $257,648.00 Automadc $257,648.00 $964,292.00 112-7 7 D toy G l i ate Date Cilf of Newport Beach ONO. BA- 067 BUDGET AMENDMENT 1997 -98 AMOUNT: $z,11s,3os.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance XX Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance Fun X Transfer Budget Appropriations Y COUNCIL Balance 1 BY THE CIT _ X from existing budget appropriations X from additional estimated revenues 1998 X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To accelerate additional work on the Arches Interchange so it can be performed while the street is torn up by the PCH /Newport Blvd Improvement Project. Contributions for the project will be forthcoming from the Orange County Sanitation District and Caltrans in the amounts $468,633 and $1,341,820 respectively. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Accoun Description 260 3605 Fund Balance Control $148,211.00 REVENUE APPROPRIATIONS (3601) Fund /Division Accoun t Description 250 4905 Caltrans Highway Funds $1,341,820.00 250 4858 Refunds &Rebates -From Govts $468,633.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contribution Account Number C5100199 PCH /Newport Blvd Improvements $1,810,453.00 Division Number 7261 Transportation & Circulation Account Number C5100199 PCH /Newport Blvd Improvements $148,211.00 Division Number 7504 Groundwater Development Account Number C5500094 Water Well & Transmission Pipeline $157,642.00 Division Number 7501 Distribution and Piping Account Number C5500386 Water Transmission Main Master Plan Improvements $157,642.00 ' Automatic System Entry. Signed: 4f 6- - a!-- s� FI ancial A oval: inance Director Date Signed: Ad 6 9 'IS Appp, city Manager Date /va/l� r / �V / J �l /Ff Signed: rf ) . `I'�f�ltL_� City Council Approval: City Clerk Date • • 0 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT BOULEVARD AND COAST HIGHWAY IMPROVEMENTS - CONTRACT NO. 2886 RECOMMENDATIONS: ( 3SM) May 11, 1998 CITY COUNCIL AGENDA e; ------ CITY CC to : I, F .2' MAY I ii- u'ED� "ARCHES" INTERCHANGE 1. Approve a Cooperative Agreement with the State of California to provide for the addition of storm drain work to the Arches Interchange Contract and authorize the Mayor and City Clerk to execute the agreement. 2. Authorize an amendment to the Cooperation and Reimbursement Agreement with the County Sanitation District of Orange County (CSDOC) to add sewer relocation work required by the storm drain construction. 3. Approve a change order with Brutoco Engineering and Construction, Inc., to add the storm drain and utility relocation work to the Arches contract. 4. Authorize an amendment to the professional services agreement with MK Centennial to provide additional construction management services for the storm drain construction and utilities relocation work. 5. Approve budget amendments necessary to appropriate funds for the storm drain construction and utility relocation work. DISCUSSION: Background The Arches project provides for widening Newport Boulevard between Short Street and Hospital Road (including the bridge over Newport Channel), for reconstructing the Newport Boulevard /Coast Highway "Arches" interchange, and for installing storm drains, retaining walls, sound walls, sidewalks, street lighting, medians, irrigation systems, and landscape improvements within the project limits. Brutoco Engineering and Construction, Inc. began work on the project last August and is presently ahead of schedule to finish all work by next spring. Proposed Storm Drain • In the past during winter rainstorms, Coast Highway has been frequently closed because of flooding under the Newport Boulevard Bridge at the Arches Interchange. Flooding occurs when the channel along Old Newport Boulevard overflows into the SUBJECT: NEWPORT BOAARD AND COAST HIGHWAY "ARCHES' ORCHANGE IMPROVEMENTS - CONTRACT NO. 2886 May 11, 1998 Page 2 street because the storm drain box structure under Coast Highway doesn't have enough capacity. See attached photo from the February 6, 1998 storm. This storm drain is a Caltrans facility. During the planning and design of the Arches project the City requested that Caltrans join our project and solve their drainage problem. The State could not program the $2.3 million in funds needed for the storm drain improvement until the 1999 /2000 fiscal year, with the earliest date that funds would be available for construction being the fall of 1999. The Arches project was bid without this important storm drain improvement. In the past two years the Public Works staff has periodically asked if Caltrans could advance the funding date. In early February, 1998, Caltrans contacted the City and indicated that storm drain construction funds could be made available to the City, if we could add this work to the Arches project through a change order. Caltrans staff would not be able to prepare design and construction plans within a time frame to allow the work to be added to the City project. The City would be required to design the storm drain improvements. Caltrans will not be able to reimburse the City for the design of the storm drain because a court injunction obtained by PECG (Professional Engineers in California Government, the State's professional employees union), constrains Caltrans from hiring consultants to perform work that could be performed by Caltrans staff, however, Caltrans can fund construction by private contractors. If the City is able to take advantage of the Caltrans offer, the storm drain work can be • done at the same time as the Arches bridge work and be completed by the Spring of 1999. If the projects are done separately, the Arches work will be completed in the spring of 1999 and Caltrans will start work on the storm drain 6 to 8 months later again tearing up Coast Highway and Old Newport Boulevard for another 5 to 7 months. The businesses and motorists would be inconvenienced for an additional year. In early February, staff met with Brutoco to discuss the possibility of including the State's work as a "design- build" change order to the Arches contract. Brutoco felt that their change order cost would fall within the State's budget for the project. Furthermore, Brutoco was agreeable in concept to construct the storm drain work; however, they requested to act as a "pass thru" for the design and construction engineering aspects of the work (thereby absolving them from long -term liability for design) and asked that an administrative markup of 10% be applied to design fees. This seemed reasonable to Staff. At that time, consultant fees for design and construction engineering were estimated in the $75,000 to $125,000 range, and construction was estimated at about $1.3 million. Staff advised the Public Works Committee and the City Manager of the Caltrans offer and Brutoco's response (see attached February 13, 1998, Public Works Committee agenda item). It was agreed that Staff should pursue a quote from Brutoco to design and construct the State's storm drain improvements as a change order to the Arches • project. SUBJECT: NEWPORT BOUAD AND COAST HIGHWAY "ARCHES" INACHANGE IMPROVEMENTS - CONTRACT NO. 2886 May 11, 1998 Page 3 • Work Included in Change Order ■ Construct 520 feet of double 4' x 9' and 5' x 12' reinforced box culvert. ■ Provide traffic control and detours. ■ Relocate Utilities: 1. Construct 770 feet of 24 inch water main to replace 1926 water line. 2. Construct 140 feet of 15" sewer line including 5 manholes and a double barrel 12" siphon under the new and existing storm drain box culvert. 3. Construct 156 feet of 20" sewer force main in a steel casing. ■ Coordinate utility relocations with: 1. The Gas Company 2. Southern California Edison 3. Pacific Bell Telephone 4. Comcast CATV ■ Provide the design for the storm drain and the water and sewer relocations. Brutoco has prepared construction estimates (copy attached) of $1,277,922.00 to construct the State storm drain improvements, $423,000.00 to construct the CSDOC sewer main improvements, and $274,910.00 to construct the City water main improvements. All parties agree that Brutoco's estimates are acceptable for construction by change order, and recommend that the change order be approved by the City Council. Brutoco's schedule for the Change Order work provides for the storm drain work to be done in three stages with almost all work being done during normal working hours. Two lanes will be maintained in each direction on Coast Highway during peak traffic hours and at night. The storm drain work will be phased and coordinated with the bridge work so that an extension of contract will not be required. In order to meet this schedule water line and sewer relocation work must begin June 15'. Copies of the staging plan and schedule are included for The City Council only. These may also be reviewed at the Public Works Department. Cooperative Agreement with the State The Cooperative Agreement provides for the State to reimburse the City for storm drain construction costs only. The City will bear all other costs, such as project administration and staffing, design, survey, pothole, construction management, and civil engineering support, related to the storm drain installation. By bearing these costs we are able to • expedite the project and avoid a future disruption to the soon to be completed bridge project. SUBJECT: NEWPORT BOAT ARD AND COAST HIGHWAY "ARCHES" IORCHANGE IMPROVEMENTS - CONTRACT NO. 2886 May 11, 1998 Page 4 Before construction may begin on the storm drain, the City must execute a cooperative agreement with the State (see attached draft agreement). Upon execution by the City, the agreement must be signed by State staff, then transmitted to the California Transportation Commission (CTC) so that construction funds, which are currently scheduled for inclusion in the State's 1990 -2000 budget, may be advanced to the current budget to repay the City for construction costs. In order to get this item placed on the July CTC agenda the City needs to approve the cooperative agreement by May 15, 1998 The cooperative agreement provides for the State to reimburse the City in the amount of $1,277,922 plus up to a 5% increase for actual construction costs for a total of $1,341,820. Underground Utilities Staff and Brutoco agreed that the design /construct change order must include the relocation of major underground utilities to clear the new storm drain alignment, including two CSDOC mains and a portion of a 24" primary City water main that serves Balboa Peninsula. In addition, all other utilities (electric, telephone, gas and cable TV) would need to be moved by their respective owners (at their expense) to clear the new storm drain alignment. Design and Civil Engineering Support Through a change order approved in February, Brutoco retained Moffatt & Nichol Engineers to prepare the necessary plans for the construction of the storm drain and the relocation of the 24" City water line and the two CSDOC sewer mains. These plans were completed May 1, 1998 and the change order prices are based on the complete plans. The negotiated fee for this work was $98,868.00. This fee includes some civil engineering support during construction. Cooperation and Reimbursement Agreement with CSDOC The City has a Cooperation and Reimbursement agreement with CSDOC Districts 5 and 6 for the Arches interchange project. The sewer line relocation work required for the construction of the storm drain will be paid for by CSDOC through an amendment to the existing agreement. The amendment provides for CSDOC to reimburse the City for costs to cover design, construction and construction management of the sewer work. These are estimated to be $468,633. The Agreement Amendment is attached. 24" Water Line Relocation One of the City's oldest water transmission mains will have to be relocated to allow for the construction of the storm drain. The 24" cast iron line was constructed in 1926 to serve the Peninsula. When the under bay crossing of this line was broken earlier this year, it was found to be in need of replacement in the area between the bay and Coast Highway. The relocation plan provides for the abandonment of 580 feet of 72 year old pipeline, which in some areas is buried 20 feet in the ground. It will be replaced with a 0 • SUBJECT: NEWPORT BOULERD AND COAST HIGHWAY "ARCHES" INTOCHANGE IMPROVEMENTS - CONTRACT NO. 2886 May 11, 1998 Page 5 • more accessible line that will improve the ability to serve both the Peninsula and Mariners Mile area. The cost for the water line relocation work and construction management is $317,642. 0 • Construction Management The firm of MK Centennial is under direct contract with the City to provide construction management services for the Arches improvements. MK'S contract must be amended to provide for construction management (CM) services related to the State storm drain, CSDOC sewer main, and City water main improvements. MK'S estimate to perform the CM services necessary for the storm drain, water main and sewer main including testing and surveying is $119,708 (see attached proposal). To date, MK'S construction management performance on this most difficult project has been excellent. Staff recommends that an amendment to MK'S agreement be authorized to increase their fee by $119,708. Cost Summary BRUTOCO CONSTRUCTION MK CENTENNIAL Funding Source Construction Engineering Construction Management Survey Total Storm Drain 1,277,922 66,680 65,151 16,380 1,426,133 Sewer Relocation 423,000 22,500 18,903 4,230 468,633 Water Line 274,910 27,688 12,294 2,750 317,642 Total 1,975,832 1 116,868 1 96,348 1 23,360 1 2,212,408 Funding Source Construction Design & CE Support Construction Management Contingency Total Caltrans 1,277,922 0 0 63,898 1,341,820 CSDOC 423,000 22,500 23,133 0 468,633 Water Fund 274,910 27,688 15,044 0 317,642 Transportation & Circulation Fund 0 66,680 81,531 0 148,211 Total 1,975,832 116,868 119,708 63,898 2,276,306 REQUIRED BUDGET AMENDMENTS Agency Account No. Account Title Decrease Increase Caltrans 7251- C5100199 Contribution 1,341,820 CSDOC 7251- C5100199 Contribution 468,633 City 7261- C5100199 Transportation & Circulation 148,211 City 7504- C5500094 Water Well & Transmission Pipeline 157,642 0 City 7501 - 05500386 Water Transmission Main Master Plan Improvement 157,642 Total 2,116,306 SUBJECT: NEWPORT BOURARD AND COAST HIGHWAY "ARCHES" ARCHANGE IMPROVEMENTS - CONTRACT NO. 2886 May 11, 1998 Page 6 Additional Work by Caltrans The work completed by Brutoco will complete the storm drain under Coast Highway, the ramp from Newport Boulevard to Coast Highway and under Old Newport Boulevard. Because of the need to acquire right of way, the last 65 feet of storm drain across the Bistro 201 and Marina parking lot is scheduled for construction by Caltrans in the fall of 1999. Also the 80 foot long transition structure at the upper end next to Old Newport Boulevard will be completed at the same time. This change order will not complete the storm drain system, but it will complete the portion within Coast Highway and Old Newport Boulevard southerly of Santa Ana Avenue. Upon approval by the City Council, Staff will continue to meet with Caltrans, the County Sanitation Districts, environmental and regulatory agencies, utility companies, design consultants, and Brutoco as needed to complete the storm drain work provided for in the change order. Staff will also update the City's web site and include information regarding the extra work in it's public and media relations efforts. Respecttully��tted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Loyd R. Dalton, P.E. Project Manager Attachments: February 6, 1998 photo Public Works Committee agenda item (February 13, 1998) Brutoco proposed change order Storm Drain staging plan and schedule Caltrans draft cooperative agreement CSDOC Agreement Amendment MK Centennial construction management proposal El \ \dp\sys\groups\pubworks \council \98\rnay -1 I \archesl.doc \' IA / \} w § \ \b \� � /ffS y \yy. 2\ \ § }< \ < w • 0 CITY OF NEWPORT BEACH PUBLIC WORKS COMMITTEE TO: PUBLIC WORKS COMMITTEE FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ARCHES STORM DRAIN CONSTRUCTION RECOMMENDATION: Agenda Item No. 8 February 13, 1998 Concur with the issuance of a change order to begin design of the Arches storm drain. DISCUSSION: Because of repeated incidences of flooding and closures of West Coast Highway at the Arches interchange, Caltrans has programmed funds to construct additional storm drain capacity in Old Newport, across West Coast Highway, and into the Bay. See the attached drawing. Rather than having Caltrans constructing these improvements beginning in September 1999 after the interchange work is complete, Caltrans has asked the City if we could construct the improvements as a $1.5M change order to the Arches project. Before such construction may begin, the City and State must agree upon the components of a cooperative agreement. The City will also need to amend the Arches design and construction cooperative agreement with the County Sanitation Districts so that the City will be reimbursed for sewer design and construction work necessary to clear the new storm drain installation. Design consultants must be selected, and topo surveys, utility potholes, plans, specifications, estimates, etc. must be completed. Environmental permits and approvals must be applied for and obtained. Finally, major underground utilities must be relocated to clear the new storm drain installation, and then the storm drain work may begin. On February 5'", City staff met with the Arches contractor, Brutoco Engineering and Construction, to discuss the proposed change order. With the information provided to them, Brutoco feels that the storm drain work can be accomplished within the State's budget as a change order. Considering the work scheduled for the Arches interchange, they estimate that the storm drain work may best be performed this July or August during the nighttime (11:00 p.m. to 5:00 a.m.). Furthermore, Brutoco agrees that the work may be expedited under a design -build arrangement with the City. Because of restrictions placed on State funded contracts by the Professional Engineers in California Government (PEGG), Caltrans cannot reimburse the City for engineering costs for the design of this project. It is estimated that these costs could be in the $75,000.00 to $125,000.00 range. If this storm drain is not constructed with the current Arches interchange project, Caltrans will begin construction of the storm drain 4 to 6 months after our work is completed. The area would be torn up with a construction project for another 6 to 8 months. ATTACHMENT NO. 2 Fd 0 IF-7 Agenda Item No. 8 February 13, 1998 Page 2 Upon concurrence of the Public Works Committee, City staff will meet with Caltrans, the County Sanitation Districts, regulatory agencies, utility companies, design consultants, and Brutoco as needed to negotiate the change order. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director ..�., . Ito Engineer Attachment: Site Plan 0 1 NN V I I II U i Z i 11 no i" ,mod e l i m II n u I I .' i »� 1 I u u w 8 r Al gggg CL `5 1 I r d eL Cg$ to } ' i O op 0 I / - I f� / kil- jlil- !' /' o l�• o�0i f Y YI ' I1 �;> r � (_ = —' — �•.r .I { � - ---- — — —- PACTFI—C'COASTHWY'-- Ile r -- 4Jr ( 1, ♦� �- ,, - ��'I l t t: l a l i 3 1 6 ) tl G. ,II. v ! f t o f -: :m � Il `� .( r .. � �• .' � ! s�/ .) a 1; °u 0 ENGINEERING E CONSTRUCTION, INC May 5, 1998 Via Fax 714 -644 -3318 or 3308 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 Attention: Don Webb Reference: Newport Blvd., BEC Job No. 311 Contract No. C2886 Brutoco Engineering & Construction, Inc. herewith quotes on proposed additional storm drain, waterline and sewer improvements for the above referenced project. Quote is based upon the following: 1. Storm Drain. Plan sheet D -1, no date shown, and American Public Works Association Standard Drawings 323 -1 and 344 -1. • 2. Waterline. Plans entitled 24 inch Water Transmission Replacement In West Coast Highway at Newport Boulevard Phase 2, Contract C -3150- B, Sheets 1 thru 11, dated July 17, 1997. Portions of Special Provisions 24 inch Water Transmission Main Replacement (Phase II) in West Coast Highland at Newport Boulevard. 3. Sewer. Plan Sheets SS-11 thru SSA4, no date shown. Proposal specifically excludes the following: A. Survey. B. Inspection, testing. C. Permits other than OSHA excavation permit. D. Fees. E. Replacement or repair of traffic loops damaged by construction. F. Liquidated damages except those included in the Specifications of Contract No. 2885. G. Portions of Special Provisions for Contract No. 3150 -B. Specifically excluded are those portions that conflict with the Special Provisions of Contract No. 2885 and sections 1 -12 thru 1 -15 inclusive. H. Engineering. I. Utility Relocations. J. Right- of-way costs. P.O. BOX 429, FONTANA, CALIFORNIA 92334 • (909) 350 -3535 • FAX (909) 822 -8881 • LICENSE NO. A- 247770 ATTACHMENT NO. 3 0 Regarding the reinforced concrete box storm drain Brutoco plans to construct the box by the cast -in -place method. Considerable shoring, dewatering and phasing of the work will be required. Brutoco will maintain the following traffic provisions during the construction of the reinforced box culvert. 1. Pacific Coast Highway. Two lanes in each direction during non -work periods. Lane closures as specified in Section 10 -1.18, Maintain Traffic, as required. 2. Old Newport Boulevard. One lane in each direction during non -work periods. Closure as required during construction. 3. Northbound Newport Blvd. to Eastbound PCH Ramp. One lane during non -work periods. Night closures as specified in section 10 -1.17, Working Hours, of the Special Provisions. At the Southerly and of the reinforced concrete box Brutoco will construct vertical shoring North of the wall in order to construct the box as close to the retaining wall as possible without removal and replacement of the wall. As the wall will have to be removed and replaced in the subsequent tiein to the bay, this construction limit is the prudent construction Emit of this phase. At splices between adjacent phases of the reinforced concrete box the • longitudinal reinforcing steel will be lap spliced. Due to space restrictions we request the provision requiring staggering of the lapped splices be waived. Regarding contract time our schedule indicates that the work of this change order should be able to be accomplished with no delay in contract completion providing Brutoco receives commitment by the City no later than May 13, 1998. This scheduling assumes no unanticipated material delays and no unforeseen problems with the existing utilities. Brutocc requests that adjustment of contract time for this Change Order be deferred. Please call myself if you have questions on the above. Sincerely, BRUTOCO ENGINEERING & CONSTRUCTION, INC. � 1 Michael H. Kin President MHK/kms C1 12 0 NEWPORT - 311 RCS CCO. REINFORCED CONCRETE BOX STORM DRAIN 1. DBL 3.7m x 1.5m RCB 34 2. DBL RCB Trans Struc 7.32 3. DBL 2.7m x 1.5m RCB 117.22 4. End Bulkhead 1 5. Brick & Mortar Seal 1 6. Manhole 1 7. K -Rail 335 8. Temp Crash Cushions 24 9. Detours & Temp Striping LS 10. Traffic Control LS U • Total Storm Drain 24 -INCH WATER TRANSMISSION MAIN 1. Mobilization, Demobilization & Clean up LS 2. 24" CML &C Welded Steel Pipe 770 3. Pressure test, disinfect & flush new LS 24 " water main 4. Traffic Control LS 5. Excavation safety measures, including LS sheeting, shoring & bracing 6. Furnish & Install Blow off assembly LS per City Std 525 -L 7. Furnish & Install Wet barrel fire hydrant LS per City Std 500 -L 8. Furnish & Install water service 2" LS per City Std 503 -L 9. Furnish & Install 2" air & vacuum release LS valve assembly 10. Furnish & Install 24" Butterfly valve 2 per detail 2 on sheet 11 11. Abandon in place existing 24" water main 580 12. Remove & replace existing curb, gutter, LS sidewalk & Bike Path 13. Demolish existing water main vaults LS per detail 1 on sheet 9 Total Waterline SEWER 1. 12 & 15 inch VCP sewer relocation LS lines C & D 2. 20 inch DIP sewer relocation. Line E LS Total Sewer M M M EA EA EA M EA LS LS LS Unit Pri 13,500.00 13,800.00 4,800.00 5,400.00 1,300.00 1,300.00 30.00 300.00 LF 215.00 LS LS LS LS LS LS LS EA 7,000.00 LF 27.00 LS LS LS LS Extension 459,000.00 101,016.00 562,656.00 5,400.00 1,300.00 1,300.00 10,050.00 7,200.00 80,000.00 50.000.00 $1,277,922.00 10,500.00 165,550.00 7,300.00 5,300.00 12.200.00 6,600.00 5,300.00 2,300.00 5,000.00 14,000.00 15,660.00 22,000.00 3.200.00 $ 274,910.00 216,000.00 207.000.00 $ 423,000.00 (2) • 0 J 'il j L ,6 u F- N Z N O ¢ U w 2' w r- m O O >- � m ' • Cm 14- ATTACHMENT NO. 4 0 0 • 171 saw T ���-v� G� {W AY t� I lY 0 0 0 • • ri V Ld I .^W r[r++ I V U. „1 �O 11 u I r,HW AY u' z N O e U W ., ..- MO O > T19 j 1 i 0 0 E � i/ J � � \ \ \�/ { \/ \ / ! � za / ` ( � LL— \ ,\ \ \ t \0 \ } r � � /f � w&99Ra. Z §\ gr %b| Z (/} 33) �\ �2 / / » \ I |/ & !g \ it d� \\ !a e - Z G S ;� ; 2 2 0 0 12 -ORA -1 KP 31.80 (PM 19.76) Drainage Improvements within the Route 1 / Route 55 Interchange 12221 - 074801 District Agreement No. 12 -335 COOPERATIVE AGREEMENT This AGREEMENT, entered into on , 19_, 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 municipal corporation of the State of California, referred to herein as CITY 0 0 U, ATTACHMENT NO. 5 • 0 RECITALS 0 District Agreement No. 12 -335 STATE and CITY pursuant to Street and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. CITY has awarded a construction contract for constructing improvements at the interchange of State Route I (Pacific Coast Highway) and State Route 55 (Newport Boulevard) consisting of rebuilding the Route 55/Route I separation, widening the Newport Channel bridge and reconstructing various on/off ramps, which is being constructed referred to herein as "PROJECT" (EA 038901). . 3. STATE desires an improvement consisting of drainage improvement on Route 1 in a later schedule. A portion of this drainage improvement is within the limits of CITY's PROJECT. 4. To minimize traffic disruption, CITY and STATE desire to include the said portion, referred to herein as "IMPROVEMENTS ", into CITY's PROJECT as a contract change order. The limits of IMPROVEMENTS are shown in Exhibit A. 5. STATE accepts CITY's offer to prepare the supplemental Project Report (PR), environmental permits, and Plans, Specifications and Estimate (PS & E), and to administer the contract change order for IMPROVEMENTS. 6. The parties hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be designed, constructed, and financed. • V District Agreement No. 12 -335 7. Project development and construction responsibilities for PROJECT are defined in Cooperative Agreements executed by STATE and CITY on June 27, 1996 (District Agreement No. 12 -246, Document No. 013483), and on March 5, 1997 (District Agreement No. 12 -309, Document No. 013767). 8. IMPROVEMENTS are to be constructed entirely within STATE's existing right of way and purchase of additional right of way is not required. SECTION I CITY AGREES: To fund one hundred percent (100 %) of all preliminary design and construction engineering costs for IMPROVEMENTS. is 2. To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as more specified in Articles (3) and (4) of Section III of this Agreement. 3. To have a supplemental Project Report (PR), environmental permits, and detailed Plans, Specifications and Estimate (PS & E) prepared for IMPROVEMENTS at no cost to STATE and to submit each to STATE for review and approval at appropriate stages of development. Supplemental Project Report, final plans and special provisions shall be signed by a Civil Engineer registered in the State of California. 4. To identify and locate all utilities within the IMPROVEMENTS area as part of its design responsibility. All utilities not relocated or removed in advance of construction • shall be identified on the IMPROVEMENTS plans and specifications. 2 �-111 District Agreement No. 12 -335 5. To identify and locate all high and low risk underground facilities within the IMPROVEMENTS area and to protect or otherwise provide for such facilities, all in accordance with STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way." 6. If any existing public and/or private utilities conflict with IMPROVEMENTS construction or violate STATE's encroachment policy, CITY shall make, at CITY's expense, 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. Total costs of such protection, relocation or removal shall be in accordance with STATE policy and procedure. 7. 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 facilities within STATE's right of way and that such work will be completed prior to commencement of construction of IMPROVEMENTS. This evidence shall include a reference to all required State highway encroachment permits. 8. To administer the construction contract change order for IMPROVEMENTS and have the PROJECT construction contractor famish and install IMPROVEMENTS as requested by STATE. 9. To construct IMPROVEMENTS in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. 10. Contract administration procedures shall conform to the requirements set forth in STATE's Construction Manual, Local Assistance Procedures Manual, and the encroachment permit for construction of IMPROVEMENTS. 3 x� 0 0 District Agreement No. 12 -335 0 11. Construction within the existing or ultimate STATE right of way shall comply with the requirements in STATE's Standard Specifications and IMPROVEMENTS Special Provisions and in conformance with methods and practices specified in STATE's Construction Manual. 12. Surveys for IMPROVEMENTS shall conform to the methods, procedures, and requirements of STATE's Survey Manual and STATE's Staking Information Booklet. 13. Materials testing and quality control shall conform to STATE's Construction Manual and STATE's 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 cost to CITY, except as noted herein. Approval of the type of asphalt and concrete plants shall be by STATE, at STATE expense. 14. Upon completion and acceptance of the final PS & E for IMPROVEMENTS, CITY shall provide all plans prepared by CITY or CITY's consultant, including the Engineer's electronic signature and seal, on CD -ROM using Micro Station Release 5.5 Agn files. STATE reserves the right to modify the CD -ROM requirements and STATE shall provide CITY advance written notices of any such modifications. 15. The estimated construction cost of IMPROVEMENTS is $1,341,820.00 , as shown in Exhibit B, and such cost shall not be exceeded unless additional funds are provided by STATE and the exceeded amount is agreed to by written Amendment to this Agreement. LJ 4 District Agreement No. 12 -335 16. To furnish, at CITY 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 for the construction of IMPROVEMENTS. 17. To furnish, at CITY expense and subject to approval of STATE, qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soil and foundation tests, measurement and computation of quantities, testing of construction materials, checking 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 support staff shall be independent of the design engineering company and construction contractor, except that the IMPROVEMENTS designer may check the shop drawings, do soil and foundation tests, test construction 0 materials, and do construction surveys. 18. Within sixty (60) days following the completion and acceptance of IMPROVEMENTS construction contract by CITY, CITY shall provide to STATE one set of as-built plans on CD -ROM using Micro Station Release 5.5 Agn files, and one set of as-built drawings on microfilm, and all contract records, including survey documents. 19. If CITY terminates IMPROVEMENTS prior to completion of the construction contract for IMPROVEMENTS, STATE may require CITY, at CITY 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 IMPROVEMENTS or place IMPROVEMENTS 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 5 16 AM 21 22. 23. 0 0 District Agreement No. 12 -335 Controller, may withhold an equal amount from future apportionments due CITY from the Highway Tax User Fund. To submit billing in the amount of 1;268,400.00 to STATE within thirty (30) days upon execution of this Agreement and prior to commencement of any work performed by CITY, which figure represents STATE's initial deposit for one month estimated construction costs required for IMPROVEMENTS, as shown in Exhibit B. Thereafter, to prepare and submit to STATE monthly billing statements for estimated construction costs one month in advance as construction of IMPROVEMENTS proceeds. Upon completion of PROJECT construction and all works incidental thereto, to furnish STATE with a detailed statement of the direct costs to be borne by STATE for IMPROVEMENTS construction. CITY thereafter shall refund to STATE, promptly after completion of CITY's final accounting of IMPROVEMENTS costs, any amount of STATE's deposits required in Section II, Articles (6) and (7) remaining after actual direct costs to be borne by STATE have been deducted, or to bill STATE for any additional amount required to complete STATE's financial obligations pursuant to this Agreement. To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of FHWA payment of final voucher, or four (4) years from date of final payment under the contract, whichever is longer, all records and accounts relating to installation of IMPROVEMENTS. SECTION II ,7 0 • C� 0 STATE AGREES: 0 • 0 District Agreement No. 12 -335 1. To fund one hundred percent (100 %) of the construction costs for IMPROVEMENTS. STATE's total obligation for said anticipated IMPROVEMENTS costs shall not exceed $1,341,820.00 2. 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 (3) and (4) of Section III of this Agreement. 3. To provide, at no cost to CITY, a STATE Project Coordinator to coordinate and promptly review the work of CITY and its consultant, if any, during the preparation of supplemental PR and PS & E for IMPROVEMENTS. 4. To provide, at no cost to CITY, oversight of all right of way activities undertaken by CITY, or its designee, pursuant to this Agreement. 5. To provide, at no cost to CITY, a qualified STATE representative who shall have authority to accept or reject work and materials for IMPROVEMENTS 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 issued to CITY and/or CITY's contractor. 6. To deposit with CITY, within 30 days of receipt of billing therefor, the amount of $268,400.00 , which figure represents STATE's initial deposit for one month estimated construction costs required for IMPROVEMENTS, as shown in Exhibit B. 7 �2 District Agreement No. 12 -335 7. To deposit with CITY, within thirty (30) days of receipt of monthly billing statements 0 from CITY, the estimated expenditures for that month, and to continue making such advance deposit on a monthly basis until completion of IMPROVEMENTS construction. 8. To require the utility owner and/or its contractors performing the relocation work within STATE's right of way to obtain a STATE encroachment permit prior to performance of said relocation work. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the 0 appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. All applicable procedures and policies relating to the use of Federal funds or State gas tax funds shall apply notwithstanding other provisions of this Agreement. 3. Construction of IMPROVEMENTS shall not be commenced until contract change order plans involving such work and plans for utility relocations have been reviewed and approved by signature of STATE's District Director of Transportation, or the District Director's delegated agent. 4. CITY shall not construct any portion of IMPROVEMENTS within the - existing STATE right of way until after an encroachment permit has been issued to CITY by STATE. • 8 �.r�i 0 0 0 District Agreement No. 12 -335 5. After negotiation of cost for construction contract change order for IMPROVEMENTS, STATE's estimate of cost will be revised based on actual prices. 6. In the construction of said work, representatives of CITY and STATE will cooperate and consult with each other, and all work shall be accomplished to the satisfaction of STATE's representative. 7. CITY shall provide a claims process acceptable to STATE and shall process any and all claims through CITY's claims process. The STATE representative shall be made available to CITY to provide advice and technical input in any claims process. 8. 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 IMPROVEMENTS 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 vehicles, the construction contractor's equipment and vehicles and/or vehicles of the personnel retained by CITY and for the protection of the traveling public from injury and damage from such vehicles or equipment. 9. Upon completion of construction of IMPROVEMENTS to the satisfaction of the STATE's representative, STATE will accept and maintain IMPROVEMENTS. 10. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed will automatically be vested in STATE. No further agreement will be necessary to transfer ownership to STATE. 9 0 0 District Agreement No. 12 -335 11. Nothing in the provisions of this Agreement is intended to create duties or obligations 0 to or rights in third 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 highways different from the standard of care imposed by law. 12. Neither STATE or 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 810.8) 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. 13. Neither CITY or 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 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 810.8) 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. 0 10 11 0 District Agreement No. 12 -335 • 14. No alteration or variation of the terms of this Agreement shall be valid unless made in i • 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. 15. Except as otherwise provided in Article (14) above, this Agreement shall terminate upon completion of construction of IMPROVEMENTS and upon final payment to CITY by STATE, pursuant to Section II, Article (6) of this Agreement, or on December 31, 2002, whichever is earlier in time; however, the ownership, operation, maintenance and liability clauses shall remain in effect until terminated or modified in writing by mutual agreement. 11 �� f District Agreement No. 12 -335 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation 1:w WALT H. HAGEN District Division Chief Design/Construction Approved as to Form and Procedure: Attorney Department of Transportation Certified as to Form and Procedure: Accounting Administrator Certified as to Funds: District Budget Manager CITY OF NEWPORT BEACH M- Mayor Attest: City Clerk 12 Approved as to Form: City Attorney 1] ,) Ii AND 0 0 AMENDMENT NO. 1 TO COOPERATION AND REIMBURSEMENT AGREEMENT THIS COOPERATION AND REIMBURSEMENT AGREEMENT is made this day of 1998, by and between: COUNTY SANITATION DISTRICT NOS. 5 AND 6 OF ORANGE COUNTY, CALIFORNIA (hereinafter referred to as "District ") CITY OF NEWPORT BEACH, CALIFORNIA, a municipal corporation (hereinafter referred to as "City ") RECITALS: WHEREAS, District and City have previously entered into a COOPERATION AND REIMBURSEMENT AGREEMENT which was executed on the 18`h day of December, 1996, at Fountain Valley, California; and WHEREAS, City now intends to expand the scope of its project to include an additional reinforced concrete box storm drain culvert across Coast Highway easterly of 40 Newport Boulevard which alignment conflicts with existing District facilities; and WHEREAS, District and City desire to amend the scope of improvements covered by the COOPERATION AND REIMBURSEMENT AGREEMENT so as to accommodate the additional storm drain construction. NOW, THEREFORE, BE IT RESOLVED between City and District as follows: Section 1. Elements of Agreement shall be modified under this Amendment No. 1 as follows: (b) Additional District facilities shall be constructed in connection with the City's project to include: (vi) reconstruction of a segment of an existing 24" diameter sewer force main designated as No. 5 -8R and located in the southeasterly quadrant of the Newport Boulevard and Coast Highway interchange, (vii) replacement of an existing gravity sewer main and siphon designated as No. 5 -29 situated along the southerly side of Coast Highway at the Old Newport Boulevard intersection with a new gravity sewer main and siphon along the northerly side of Coast Highway across Old Newport Boulevard, (viii) increase the diameter from 24" to 27" for the portion of the gravity sewer main described in Section 1 (b)(iii) that crosses Coast Highway, and (ix) replace, install, and adjust sewer manholes and other . appurtenances as shown on the final design plans. 1 ATTACHMENT NO. 6 0 0 Section 2. City's Specific Obligations shall be modified under this • Amendment No. 1 as follows: City shall: (a) Contract for design services related to the additional facilities set forth in Section 1 (b) of this Amendment No. 1. (b) Contract for construction and construction administration of the additional facilities set forth in Section 1 (b) of this Amendment No. 1. Section 3. District's Specific Obligations shall be modified under this Amendment No. 1 as follows: District shall: (a) Provide plan check and inspection services with respect to the design and construction of the additional facilities set forth in Section 1 (b) of this Amendment No. 1. (b) Reimburse City for the design and construction costs associated with the additional facilities set forth in Section 1 (b) of this Amendment No. 1 as estimated below: Design costs 22,500.00 Construction costs 423,000.00 Construction management 23,133.00 Total 468,633.00 Section 5. Timing of Reimbursement shall be modified under this Amendment No. 1 as follows: (b) District shall also pay a deposit to the City in the amount of Four Hundred Sixty Eight Thousand Six Hundred Thirty Three Dollars ($468,633.00) or an amount equal to the amounts bid for design, construction and construction management of District's additional facilities, whichever is less. Such additional deposit shall be paid within thirty (30) days after the District approves the contract change orders for the work. All other terms, provisions, and conditions set forth in the COOPERATION AND REIMBURSEMENT AGREEMENT dated December 18, 1996, shall be unchanged and shall remain in full force and effect. 2 • 3+ 0 • Executed this day of California. "DISTRICT" APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By: ,.CITY„ ATTEST: City Clerk APPROVED AS TO FORM: Bv: ' • City Attorney 0 1998, at Fountain Valley, COUNTY SANITATION DISTRICT NOS. 5 OF ORANGE COUNTY, CALIFORNIA By: Chairman, Board of Directors By: Board Secretary COUNTY SANITATION DISTRICT NO. 6 OF ORANGE COUNTY, CALIFORNIA By: Chairman, Board of Directors Bv: Board Secretary CITY OF NEWPORT BEACH By: Thomas C. Edwards, Mayor r: Agra, ps�p�Vxwks�grn1 +98�sen�iElsviamc 3`? FMK CENTENNIAL 201 1/2 OLD NEWPORT BLVD 0 TEL: 714- 574 -0328 NEWPORT BEACH, CA 92663 ■ FAX: 714 -574 -0721 CENTENNIAL ENGINEERING, INC. • May 6, 1998 Mr. Lloyd Dalton City of Newport Beach 3300 Newport Boulevard. Newport Beach, CA 92658 -8915 Subject: Concrete Drainage Box Improvements Newport Arches Interchange - Contract C -2886 Construction Engineering, Inspection, Material Testing, and Survey Contract Please find attached our revised cost proposal for Construction Engineering and Inspection (CE &I), Materials Testing, and Survey for the City of Newport Beach Drainage Improvements and Utility Relocations Change Order to Brutoco's construction contract. Our scope of work for the drainage improvements would include all services specified in Exhibit "A" of our contract. Exhibit `B" of our contract would be amended in accordance with the attached proposal. The Contractor has now furnished a proposal and schedule for the RCB construction and utility relocations. He has stated in his proposal that he would like to defer consideration of time adjustment. However, he has shown on his schedule that he believes that this work can be completed without any delay to the bridge (Stage 2) schedule or contract completion. This is an aggressive and perhaps • optimistic schedule. Nonetheless, at your request we are furnishing a proposal that makes no allowance for time extension to the bridge construction or contract completion. Under this primarily daytime work scenario for a cast in place box, we will add one field engineer dedicated for the utility relocations and box culvert construction. Based on the Contractor's schedule, the new inspector would begin June 1 and conclude by October 31 (five months). The balance of the work would be performed by the existing staff who would be working on the box on a part time basis However, no increase to the budget is being made for this since the Contractor believes that he can finish within the original time frame. Thus, additional budget would be unnecessary because we would be working under our existing authorization. Any schedule extension to the RCB construction, Stage 2 (Bridge) construction, or contract completion would need to be addressed by a separate amendment to our contract. We are available to meet with you at your earliest convenience to review this proposal. If you have any questions or require additional information, please call me at (714) 574 -0328. Sincerely, obert Close, P.E. 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Qp py1 N O S8 88.88. O N YI (�Wpp ��{+y�1 QpN N N y N N. O V'O �C K> W Ny WWNJ N W U Z > t C WOO 00 YYY Z 2 w 55 L000 o EE a g 0 r11 u m / � } ¥ e )§ } S» k �\ \ \} > a\W§= S == Wm §o§ LL§§ 2 {, }(§) /)( §� g/ %}kz�<< m (( G2Ktƒ &K oL cI a±Fai(/ §7 }$ Co \ § -j ��\ od � o L6 0 � - Z m = mW I - - - - ®® §)[ ]2 § §§ § e ) 0P2 3 /§ LL § / & W E X § �k § \k - w\ (§\ § x j(§(§2O §\ ( §§ \]Lu /\ z 0 § T — w cG -oo_� C/) § )§mwXX- (L �In cr �? }} \� / C* of Newport BeaC* NO. BA- 067 BUDGET AMENDMENT 1997 -98 AMOUNT: $z,11s,3os.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance X Transfer Budget Appropriations No effect on Budgetary Fund Balance X from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To accelerate additional work on the Arches Interchange so it can be performed while the street is tom up by the PCH /Newport Blvd Improvement Project. Contributions for the project will be forthcoming from the Orange County Sanitation District and Caltrans in the amounts $468,633 and $1,341,820 respectively. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 260 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Accoun Description 250 4905 Caltrans Highway Funds 250 4858 Refunds &Rebates -From Govts EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contribution Account Number C5100199 PCH /Newport Blvd Improvements Division Number 7261 Transportation & Circulation Account Number C5100199 PCH /Newport Blvd Improvements Amount Debit Credit $148,211.00 $1,341,820.00 $468,633.00 $1,810,453.00 $148,211.00 Division Number 7504 Groundwater Development Account Number C5500094 Water Well & Transmission Pipeline $157,642.00 Division Number 7501 Distribution and Piping Account Number C5500386 Water Transmission Main Master Plan Improvements Automatic Syste Signed: (/mil o � � - 4 �� Fi anciia Aoval: -inan a Director Signed: Ad in' t five Ap val ity Manager Signed: City Council Approval: City Clerk $157,642.00 Date i Date `w PROFESSIONAL SERVICES AGREEMENT GEOTECHNICAL CONSULTATION IN SUPPORT OF CONSTRUCTION OPERATIONS NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR5511) "ARCHES" INTERCHANGE IMPROVEMENTS THIS AGREEMENT, entered into this � day of June, 1997, by. and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and LAW /CRANDALL whose address is 200 Citadel Drive, Los Angeles, CA 90040 -1554 (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 an improvement project for the interchange of Newport Boulevard (State Route 55) and Pacific Coast Highway (State Route 1) which is identified as Contract No. 2886 and is hereinafter referred to as .'Project," C. City desires to engage Consultant to provide geotechnical consultation and support services during construction operations for Project upon the terms and conditions contained in this Agreement. se 0 D. The principal member of Consultant for the purpose of this Project is Perry Maljian, P.E. 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 24th day of June 1997, and shall terminate on the 30th day of June, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the City Engineer. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed. the total contract price of eight thousand dollars and no cents ($8,000.00). -2- 9 0 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 advance in writing and incurred by Consultant in the performance of ,this Agreement. -3- 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not 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 M1 0 • 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 Martin B. Hudson, P.E. 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 Engineer. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. -5- 0 0 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and, subject to Section 37, 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, .0 • • 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, excepting only the negligence or willful misconduct of City, its officers or employees, and shall include attomeys' 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. City agrees that Consultant's liability, and that of its officers, directors, employees, agents and subcontractors, to City or any third party due to any negligent professional acts, errors or omissions or breach of contract by Consultant will be limited to an aggregate maximum of $1,000,000. This limitation shall not apply to the extend prohibited by law. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers' compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for -7- 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 P,oject, 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 in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in 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 19 0 i 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, diractly 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 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. M • 0 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: -10- • A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services necessary to accommodate the agreed upon scope of work. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The City Engineer shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be 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 fora period of three (3) years from the date of final payment under this Agreement. -11- 9 • 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be bome 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 -12- 0 affected by the work performed under this Agreemer.'. and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered 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 ONE • • Fax 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Perry Maljian LAWICRANDALL 200 Citadel Drive Los Angeles, CA 90040 -1554 (213) 889 -5300 Fax(213)721 -6700 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, 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. -14- 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this 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 -15- 0 0 CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney City of Newport Beach -16- CITY OF N ORT BEACH A Munici C a By: ' n f , a Kr City of Newport Beach N� 0 ATTEST: ,--`= r'XONSULTANT By B, LaVonne Harkless City Clerk Flg roups/pubworks /ag mttMaw 06-12-97 -17- Addendum To The Professional Services Agreement Between City and Law The following sections are hereby added to The Professional Services Agreement: 33. Site Qperations. City will arrange for right -of -entry to the property for the purpose of performing LAW's services. LAW's field personnel are trained to initiate field testing, drilling and/or sampling within a reasonable distance of each designated location. LAW's field personnel will avoid hazards or utilities which are visible to them at the site. If LAW is advised in writing of the presence or potential presence of underground or overground obstructions, such as utilities, we will give special instructions to our field personnel. LAW is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by City or third parties, except to the extent such damage or loss is a result of LAW's negligence. 34. Site Safety. Should a contractor(s) not retained by LAW be involved in the project, City will advise such contractor(s) that LAW's services do not include supervision or direction of the means, methods or actual work of the contractor(s), his employees or agents. City will also inform contractor that the presence of LAW's field representative for project administration, assessment, observation or testing will not relieve the contractor of its responsibilities for performing the work in accordance with the plans and specifications. It is agreed that LAW will not be responsible for job or site safety or security on the project, other than for LA W s employees and subcontractors, and that LAW does not have the duty or right to stop the work of another contractor. 35. Sample Disposal. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining drilling samples and other specimens are disposed of 30 days after submission of LAW's report. a. Non - Hazardous Samples. At City's written request, LAW will retain preservable test specimens or the residue therefrom for 30 days after submission of our report free of storage charges. After the initial 30 days and upon City's written request, LAW will use its best efforts to retain test specimens or samples but only for a mutually acceptable storage charge and period of time. City agrees that LAW is not responsible or liable for any loss of test specimens or samples retained in storage. b. Hazardous Or Potentially Hazardous Samples. In the event that test samples contain toxic or hazardous constituents as defined by applicable law, upon completion of any testing and temporary storage by LAW and per City's stated preference, LAW will: 1) return such samples to City for proper disposal; 2) using a manifest signed by City as generator and at additional cost, have such sar.tples transported to a location selected by City for proper final disposal; or 3) at an additional charge per sample, dispose of such samples at a properly licensed disposal facility. City agrees to pay all costs associated with the storage, transport, and disposal of such samples. City recognizes and agrees that LAW is acting as a bailee and at no time assumes title to said materials. 36. Environmental Indemnity. In connection with toxic or hazardous substances or constituents and to the maximum extent permitted by law, for separate and valuable consideration of $1.00, City agrees to defend, hold harmless and indemnify LAW from and against any and all claims, liabilities, orjudgments, except to the extent finally determined as being caused by LAW's negligence or willful misconduct, resulting from: a. Toxic or hazardous substances or constituents introduced at the site by City or third persons before, during or after the completion of LAW's services; b. Any third party suit or claim for damages against LAW alleging strict liability, personal injury (including death) or property damage from exposure to or release of toxic or hazardous substances or constituents at or from the project site before, during or after completion of LAW's services under this Agreement. 37. Unforeseen Conditions Or Occurrences. It is possible that unforeseen conditions or occurrences may be encountered at the site which could substantially alter the necessary services or the risks involved in completing LAW's services. If this occurs, LAW will promptly notify and consult with City, but will act based on LAW's sole judgment where risk to LAW personnel is involved. Possible actions could include: a. Complete the original Scope of Services in accordance with the procedures originally intended in our Proposal, if practicable in LAW s judgment; b. Agee with City to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; C. Terminate the services' effective on the date specified by LAW in writing. Agreed and Accepted By: Law /Crandall, a division of Law Engineering and Environmental Services, Inc. ��' S� j -(/- 1 ��Kl/ 7 Signature Date WMS/NEWPO0.r.DO /0]2)97 V THE CITY COUNCIL ' I CITY OF N: ,.VP'i:RT RSACH 1 0 ICJ JUN 2 31997 V TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT (a) June 23, 1997 CITY COUNCIL AGENDA ITEM NO. 14 SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 RECOMMENDATIONS: 1. Award Contract No. 2886 to Brutoco Engineering and Construction, Inc., for the `c( total bid amount of $11,933,916.50, and authorize the Mayor and the City Clerk to execute the contract. 2. Establish a $800,026.50 account for partnering, unforeseen work and changed conditions. 3. Approve a $928,014.00 professional services agreement with MK Centennial to -7114- provide for construction management, inspection, surveying and materials testing, and authorize the Mayor and the City Clerk to execute the agreement. L 4. Approve a $292,730.00 supplement to the professional services agreement with & Nichol Engineers to provide for reimbursement of additional design engineering services and for construction support services. 5. Approve a $53,213.00 supplement to the professional services agreement with A � Law /Crandall, Inc. to provide for reimbursement of additional Caltransi�t geotechnical engineering service costs, including $8,000.00 for construction related services.�',��,c 6. Approve a $49,500.00 supplement to the professional services agreement wit' h t`s" Gail P. Pickart, P.E., to provide for project management services during l/ construction. 7. Approve a budget amendment of $1,599,086.00 from unappropriated Circulation Improvement and Open Space Agreement funds to Account No. 7432- C5100199 and appropriate $709,081.00 to Contributions Account No. 7251- C5100199 to reflect added contributions from the County Sanitation District of Orange County and appropriate $440,000.00 to Account No. 7253- C5100199 to reflect funds paid by Hoag Hospital. AMENDMENT NO.3 TO CONSULTANT AGREEMENT GEOTECHNICAL ENGINEERING SERVICES FOR PACIFIC COAST HIGHWAYINEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS THIS AMENDMENT NO. 3 TO CONSULTANT AGREEMENT, made and entered into this day of nom, 1997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Law /Crandall, Inc., whose address is 200 Citadel Drive, Los Angeles, CA 90040 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On June 14, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. On April 29, 1996, AMENDMENT No. 1 to AGREEMENT was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1." C. On October 28, 1996, AMENDMENT NO. 2 to AGREEMENT was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AMENDMENT NO. 2." D. CITY and CONSULTANT mutually desire to further amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded as set forth in CONSULTANT's letter dated June 11, 1997, which is attached hereto as Exhibit "A" and is incorporated herein by reference. 5q • • 2. Compensation to be paid to CONSULTANT for such additional scope of services as set forth in attached Exhibit "A" is #43,213 thereby increasing the not -to- exceed compensation amount from $92,500.00 to $ 1379 713 . ob 3. Except as expressly modified herein, all other provisions, terms, and convenants set forth in AGREEMENT and AMENDMENT NOS. 1 and 2 shall remain the same and shall continue to 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. APPRQVE0 AS TO FORM: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: ay CONSULTANT 2 �'I i & IL June 11, 1997 Mr. Loyd R. Dalton, P.E. Project Manager EXHIBIT "% LAW/CRANDALL A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES. INC. City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -8064 Request For Increase In Budget Due To Change In Scope Of Services Proposed Sr1 /Sr55 Interchange And Newport Channel Bridge Widening Newport Beach, California City Of Newport Beach Purchase Order No. 15361 Law /Crandall Project 70131 -5 -0362 Dear Mr. Dalton: This letter presents our request for an increase in our budget for this project that was required to complete the geotechnical investigation for the SR55 /SRI Interchange and the Newport Channel bridge widening. We have submitted the materials report dated December 20, 1996, and the final geotechnical investigation reports dated May 14 and May 15, 1997. We are requesting an increase in our budget to cover the additional costs required to complete the additional scope of work. The following is a list of items that caused this increase in fee that were not anticipated: Numerous consultations with Caltrans and Moffatt & Nichol Engineers concerning the Newport Channel bridge widening and the SR1 /SR55 interchange. These included additional engineering analyses, telephone conversations, memorandums, and letters to provide Caltrans and Moffatt & Nichol with sufficient information to obtain the approval of Caltrans. After our initial discussions with Caltrans, Caltrans changed some of their opinions requiring us to revise our analyses. In addition, Caltrans required modifications to the reports to more closely fit their format. Part of this necessitated the breaking of our original report into three separate reports: for the Interchange, the Channel Bridge, and the sound walls. The letters and main telephone conversations with Caltrans are summarized below. Note that the table is tied to the following list of Law /Crandall actions. ....................... . ........ . . . . . . . . . . . . . . . . ....... . . .... . . . . ..... . ..... . ...... . . . . . . . ............ . . . . . . . ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date Subject Author/initiator Actions ............................... . ...... . . . . . ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. . . . . . . . i . . . . . . . . . . . . ........ . ........ . . . . . . . . . . . . . . . . ............. . .......................... : . . . . ............... . . . 2/4/97 ;Phone Conference /Letter-- C;ommenis on f hlahmoud hhojasteh and Abbas Abghari, 1,2,3,4,6,7 and 's Geotechnical Report dated January 20, 1997 Caltrans Engineering Service Center, Office 2/6/97 ; of Structural Foundations, Structure Foundations Branch, Geotechnical Earthquake Engineering Section. ................................ i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... : . . . . . . . . . . . . . .............. . ......................................................... i ...................... : 2/27/97 Phone Conference — Comments on Mahmoud Khojasteh 1,2,3 Geotechnical Report dated January 20, 1997 and supplemental letters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . ...................................... . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . ................... 200 CITADEL DRIVE • LOS ANGELES. CA 900401554 (213) 8139-5300 • FAX (213) 721 6700 The items and associated cost are broken out below as actions. Lateral spreading analyses were redone twice based on comments by Caltrans after the design methodology had been approved. Lateral Word Processor i..... 0 55 i.............................. Ciro of.bewport Beach— Inc*in Scope ofSenwes ......................................................................... ............................... CAD Operator June 11, 1997 Law /Crandall Project 70131 -5- 0361.0001 ... ........................... ... ............................... Date :.. .................................................................................................. Subject : ........................................ ................. ............................... Authorllnitiator ............... ............. ..........................._... ............... Actions ............... .............................. 3/10/97 Fax/Phone— Request for Revised LPILE Jeff Ely, Moffatt & Nichol Engineers 23.7 - $ calculation for SR55 /SR 1 Interchange based Senior Professional 20 : on Cracked Pile Sections : ............................................ : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: ...................... ; ................................ 3/12./97 . ........ . ............................... ! Phone— Request for revised LPILE . . . Arun Jain, Moffatt & Nichol Engineers 2,3,4.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . calculations for 75mm deflection for all Subtotal . . . . . . . . . . . . . . . . . . . . . . ............ . . . . ........................ $ : ............................ ................................:......................................................................................................................................... , interchange ............................... i....................... 4/14/97 Phone/Fax— Request for revised calculations Arun Jain 2,3,4,7 based on Revised Pile Capacities for . . .... . .... . .. . . . . . . .. . . . . . . . i Channel Bridge . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................................... . . . . ....... . .......... . . . . .................... . . . . . . . . . . . . . . . . . . . . 4/29/97 Letter —Catrans Comments on Geotechnical Muhammad Lugman, Caltrans Engineering 2,3,4.5 i Report dated March 17, 1997 Service Center, Office of Structural I j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Foundations : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ ...................... i . . . .. . ............ . .... . .. . . 4/30/97 . ... . . . . . . Letter-- Caltrans Comments on Geotechnical Muhammad Lugman 2,3,4,5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report dated March 17, 1997 . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. . . . . . . . . . . ................................................... . . . . . . ...................... i 5/9/97 Letter— Caltrans Draft Comments on Sharid Amiri, Caltrans Engineering Service 3,4.5 Retaining Wall Report dated Mav 7, 1997 Center, Office of Stmctuml Foundations, . . . . . ............. . ............ . j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Geotechnical Section 6—MS#5 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... . ....... j .................... . . 6/3197 j Letters -- Caltrans Comments on j Mohammad Lugman 3 : ................................ Geotechnical Reports dated May 15, 1997 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t ...... . ........ . . . . . . . ....... . ....................................................... i ....................... The items and associated cost are broken out below as actions. Lateral spreading analyses were redone twice based on comments by Caltrans after the design methodology had been approved. Lateral Word Processor i..... 0 55 i.............................. . . . . . . . . . . . . : ......................................................................... ............................... CAD Operator ............................... 0 ....i.......................... 55 ... ........................... Staff Professional 0 80 ;Project Professional 10 98 - $ 980 Senior Professional 20 118 $ 27360 Principal Professional 10 135 : $ 1,350 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................. . . . . . . . . . . . ................................................. Subtotal . . . . . . . . . . . . . . . . . . . . . . ............ . . . . ........................ $ : ............................ 4,690 2. There were numerous additional telephone conversations with Caltrans and Moffatt and Nichol. ......................................................................................... ............................... Additional Telephone Conversations (Project Management) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Labor Category . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Labor Hours . . . . . . . . . . . . . . . . . . . . . . . . . . Unit Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total ................................................................:......................................:.................................................................... CAD Operator 0 55 ... ........................... Word Processor 0 55 Staff Professional 0 80 Project Professional 6 98 $ 588 Senior Professional 6 118 i $ 708 Principal Professional E 6 i 135 $ 810 i : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................... ............................ ................................................... --..........._........i.................................... .................................. .................................. Subtotal : . . . . . . i $ :........................... . . . . . . . . . . . . . . . . . . . . : 2,106 2 l'. (7tr ofAeuport Beach —Ine e in Scope ofSernces • June i 1. 199 - Lau. Crandall Project - 0131 -5- 0362.0001 3. After our scope of work had been completed, we were requested to prepare eight additional memorandums and letters. The cost to prepare these letters included the effort to locate and evaluate the requested information and the effort necessary to prepare the documents. Labor Category i........ Labor Hours i... Unit Rate i...........................: Total ................................................................:........ ............................... CAD Operator ......... ................... ............................... 0 55 $ 1,650 Word Processor 6 55 Staff Professional 0 80 $ 2.940 Project Professional 6 98 $ 588 Senior Professional 12 118 $ 1.416 Principal Professional ! 6 i 135 $ 810 . ...................... . . . . . . . . . . . ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................. Subtotal . ................ . . . . . . $ : . . . . . . . . . . . . . . . . . . . . . . . .... 2.106 . . . . ................ 4. Revisions to final report required after receiving Caltrans comments. This was the second set of revisions requested by Caltrans. .............................. ........ ............................................................ ............................................ .... .......... . ...... ........ .... Revisions to Final Report Based on Caltrans Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... .... .... .... ......... .... . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. . Labor Category : : . . . . . ....................... . ..... . ............... Labor Hours . . . . . . ............. Unit Rate _ . ... . . : . . ... . . . . . . .......... Total . . . . . . . . . . . . . . . . . . . . . . . . . . .................................... . . .. ...................................... .............................. CAD Operator . . . . . . . . . . 20 . . . . . . . . .. . . . . . ........... . 55 _ ............................ $ 1,100 Word Processor 10 55 $ 550 Staff Professional 80 Project Professional 98 :Senior Professional 20 118 $ 2.360 Principal Professional :.............................. ............................... 15 i............. 135 $ 2,025 ....................:............................. ....... ............. ......_:................. Subtotal $ .......... 6,035 5. Creating three separate geotechnical investigation reports from the final geotechnical report per Caltrans requests. At no previous time during the course of the project was this request made by Caltrans. These requests were made within one week of the required final submission date. This required that staff work overtime and on weekends so that the documents could be submitted and approved on time. CAD Operator 25 55 $ 1,375 Word Processor 30 55 $ 1,650 Staff Professional 80 :Project Professional 30 98 $ 2.940 Senior Professional 40 118 $ 4,720 Principal Professional 30 135 $ 4,050 6. Re- evaluation of seismic design criteria using current Caltrans design information. Caltrans required that we use their most current seismic design information; however, this information was not available to the general public. After repeated attempts, this information eventually was obtained from Caltrans; the person who was responsible for this information at Caltrans was on leave to Japan for six months. Because of project time constraints, certain engineering analyses, including, but not limited to liquefaction 7 City of %ewport Beach—Inc* in Scope of Services June 11. 199 - Law /Crandall Prolect -,0131 -5 -0362.0001 analvses. needed to be performed with the old design criteria to avoid delays in the relatively tight project schedule, and were then modified based on the new design information. Re- evaluation of seismic design criteria using current Caltrans design information i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ­.1 . . . . . . . . . . . . . . . . . . . . . . .......................................... . ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Labor Category Labor Hours Unit Rate Total ........................................................................................................................................ ............................... _....;............. ...................... CAD Operator 55 f Word Processor 55 Staff Professional 80 Project Professional 98 Senior Professional 25 118 $ 2.950 Principal Professional 10 135 S 1.350 ........................................................................................................>................................. ............................... ...... ........................ Subtotal $ 4.300 i .................................................. . .......... . .......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................... . . . . . : .......................... . 7. Additional foundation analyses for the Newport Channel bridge widening. Because of the problem with liquefaction and lateral spreading at this structure, numerous additional analyses for each bent and abutment were required to complete the analysis of the bridge. These analyses were required because of changes in the results of the lateral spreading analyses, and because of the problems with the seismic retrofit of the structure. These analyses included static downward and upward axial pile capacity calculations, and lateral pile calculations for both the non - liquefaction and liquefaction condition that included six load cases per analyses. The problem was further compounded because of the presence of the channel that necessitated the performance of a different analysis for each of the six bridge foundations; abutments 1 and 2 and bents 2, 3, 4, and 5. i Staff Professional 80 Project Professional 40 98 $ 3,920 Senior Professional 40 IIS $ 4,720 Principal Professional 30 135 i $ 4,050 ......................................................... . ........................................... . i........................ ...................................... ....... ..:...........................: Subtotal $ 12.690 8. Update of Materials Report. Although our original budget did include an additional fee for the completion of the Materials report, additional time and expense was required to include the information for the six additional borings, or as required by Caltrans, that were drilled in November 1996 to complete the project. Word Processor Staff Professional Project Professional Senior Professional Principal Professional of Materials Report i Labor Hours Unit Rate .............. ...................... _ ........ ....:.......................... 55 3 55 80 98 12 118 5 135 El $ 1,416 $ 675 • City of Aewport Beach— Incr*n Scope ofSumces June 11, 199- Law /Crandall Project 70131 -5- 0362.0001 ..................................................... . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOTAL $ 48.753 i........................................................................ .............................._ ............_..................................................... ............................... We are requesting an increase in our budget of $45,213 to cover the above items. As shown, we actually have incurred an additional cost of $48,753, but are reducing our fee by $3,540 (30 man - hours) because of some inefficiencies that were experienced due to changes in personnel on the project. The requested fee of $45,213 would increase the total project budget for our services from $92,500 to $137,713. Please indicate acceptance of the increase in our fees for our services by an amendment to the original Purchase Order No. 15361. We will continue to work under the terms and conditions of our June 14, 1995, agreement. We look forward to working with you to complete this project. Please call if you have any questions. Sincerely, LAW /CRANDALL ' Martin B. Hudson � Senior Engineer Perry Maljian Senior Vice resident is tenggeol95- proj450362150362- 1ldocument40362108.doc (3 copies submitted) 5 Barry J. Me er W Principal Engineer BY THE CITY COUNCIL October 28, 1996 CITY OF NEWPORT RFCr:H • OCT 2 8 , :o I I CITY COUNCIL AGENDA ITEM NO. 15 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT BOULEVARD AND COAST HIGHWAY (SR55/1) INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 RECOMMENDATIONS: 1. Approve Amendment No. 2 to Consultant Agreement with Law /Crandall, Inc. for �9� _qr3 additional geotechnical services in support of project design. 2. Authorize the Mayor and City Clerk to execute Amendment No. 2 on behalf of the City. • DISCUSSION: On May 22, 1995, the City Council approved a Consultant Agreement with Law /Crandall, Inc. to provide geotechnical engineering services to support preliminary and final design of the subject project. The Agreement is dated June 14, 1995, and covered a scope of services including soil borings, laboratory analysis of soil samples, and report preparation. Compensation in the amount of $60,000 was authorized to cover the cost of professional fees and reimbursables. During the course of performing their work under this Agreement, the need to prepare separate reports for structure foundations and for materials (pavement sections) was established and associated additional costs in the amount of $5,500 were authorized by Amendment No. 1 to the Consultant Agreement. Additional costs were less than 10% of the initial amount, and Amendment No. 1 was authorized by the Public Works Director. Law /Crandall has completed the work authorized by both the initial Agreement and Amendment No. 1. Their work products have been instrumental in getting Caltrans' • approval of the Project Report and is being used by Moffatt and Nichol Engineers in preparing the project's final design (plans, specifications, and estimates). The final Coast Highway bridge design has changed from a single span to 2 -span SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR55/1) INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 October 28, 1996 Page 2 and retaining wall locations have been established. Additional soil borings, laboratory analysis, and supplemental reports are needed by the project design team. Law /Crandall, Inc. has described the additional services in a letter proposal dated October 18, 1996, and indicates the corresponding cost will be $27,000. The staff has reviewed Law /Crandall's proposal in consultation with Moffatt and Nichols Engineers and recommends approval of Amendment No. 2 to the June 14, 1995, Consultant Agreement authorizing the additional geotechnical services and increasing the total compensation by $27,000 from $65,500 to $92,500. Law /Crandall's letter proposal for the additional work is attached to Amendment No. 2 as Exhibit A. Funds to cover the additional consultant services are available in the current FY 1996- 97 budget as follows: Account No. Amount Fund 7261- C5100199 $27,000 Circulation and Transportation Respectfully s fitted, =, PUBLIC WORKS DEPARTMENT Don Webb, Director Gail Pickart Project Management Consultant Attachments: Initial Agreement, Amendment No. 1, and Amendment No. 2 r • • 7 AMENDMENT NO. 2 TO CONSULTANT AGREEMENT GEOTECHNICAL ENGINEERING SERVICES FOR PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS THIS AMENDMENT NO. 2 TO CONSULTANT 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 Law /Crandall, Inc., whose address is 200 Citadel Drive, Los Angeles, CA 90040 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On June 14, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. On April 29, 1996, AMENDMENT No. 1 to AGREEMENT was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1." C. CITY and CONSULTANT mutually desire to further amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded as set forth in CONSULTANT's letter dated October 18, 1996, which is atached hereto as Exhibit "A" and is incorporated herein by reference. 0 0 2. Compensation to be paid to CONSULTANT for such additional scope of services as set forth in attached Exhibit "A" is $27,000 thereby increasing the not -to- exceed compensation amount from $65,500.00 to $92,500.00. 3. Except as expressly modified herein, all other provisions, terms, and convenants set forth in AGREEMENT and AMENDMENT NO. 1 shall remain the same and shall continue to be in full force and effect. IN WITNESS, WHEREOF, the parties hereto have executed this AMENDMENT NO 2 to AGREEMENT on the date first above written. APPROVED AS TO FORM: /4 kL'—, City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: -VU "j Mayor CONSULTANT BY: LAW(CRANDALL, KC. F EXHIBIT October 18, 1996 Mr. Gail P. Pickart, P.E. "A„ LAW /CRANDALL A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. Project Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -8064 • Subject: Revised Scope of Services for Supplemental Geotechnical Investigation Newport Boulevard/Pacific Coast Highway Bridge and Newport Channel Bridge Project Newport Beach, California Law /Crandall Project 70131 -5- 0362.0002 Dear Mr. Pickart: As you requested, this letter presents our recommended revised scope of services to provide additional geotechnical services for the proposed Newport Boulevard Bridge at the Pacific Coast Highway (PCH) Interchange (SRI /SR55) and for the proposed widening of the Newport Channel Bridge. Mr. Pickart and Mr. Lloyd Bell of the City of Newport Beach and Mr. Michael A. Kraman of Moffat & Nichols Engineers have furnished us with additional information and revised bridge plans for the project, and we have revisited the site to observe the existing conditions. Additionally, we have included changes in our scope of services as discussed with Messrs. Bell and Kraman on October 18. We previously submitted our scope of services for this work to you on October 14, 1996. We will perform our additional geotechnical engineering services in accordance with our consultant agreement with the City of Newport Beach dated March 2, 1995. This proposal includes a description of the proposed project, our scope of services, a schedule, and a fee estimate, and has been tailored to meet the needs of the project and fulfill your requirements. However, should the outlined services not meet your expectations of the assignment, we would appreciate the opportunity to discuss your concerns and make adjustments as necessary. Background We previously performed a geotechnical investigation for the proposed SRI /SASS interchange and widening of the channel bridge; our report was dated October 18, 1995. An investigation for retaining walls was not part of our previous scope of work. Retaining walls and /or sound walls are planned at six locations; Moffat & Nichols Engineers has selected preliminary retaining wall types for each location. 200 CITADEL DRIVE • LOS ANGELES, CA 900401554 (213) 8895300 • FAX (213) 721 -6700 5 City of Newport Beach— SappleAR Georechntcal Investigation • October 18, 1996 Law /CrandaU Project 70131 -5 -0362.0001 As you requested, we have submitted a field exploration plan for our prior investigation to Caltrans for their review. Based on our discussions with Mr. Mark DeSalvatore with the Caltrans Transportation Laboratory (Translab), some borings will be required for the retaining walls. Additionally, we confirmed that an exploration would not be required at the center SRI /SR55 bridge bent in PCH, provided the soil stratigraphy did not change substantially between the borings around the interchange. Mr. DeSalvatore also confirmed that the explorations should extend to a depth of at least 10 feet below the proposed pile tip elevations. Because of the potential for soil liquefaction at the site and the proposed pile cap depths, the previous borings are not deep enough and therefore need to be deepened. We are proposing to extend the borings using the cone penetrometer (CPT); this equipment is more cost effective than rotary wash drilling equipment. Mr. DeSalvatore also agreed that the CPT could be used to extend the previous borings. Because of the proposed changes to the project, we will need to reissue our geotechnical investigation report for review and approval by Caltrans Division of Structures (DOS) and Translab. Additionally, we will issue a materials report for the project for review and approval by Caltrans District 12. Proposed Services We propose to perform additional subsurface explorations, laboratory testing, and engineering analyses to provide recommendations for design of the bridge foundations and retaining walls. Our services will consist of the following main tasks: Subsurface explorations to determine the nature and stratigraphy of the subsurface soils, and to obtain undisturbed and bulk samples for laboratory observation and testing. Laboratory testing of soil samples for determination of the static physical soil properties. Engineering evaluation of the geotechnical data to develop recom- mendations for design of the bridge foundations, retaining walls, and sound walls. A more complete description of the methodology to perform the required tasks is presented in the following sections. To expedite the field exploration program, we have already submitted a permit application to Caltrans; the fees for the permit were waved. We will also obtain the necessary permit from the Orange County Department of Health Services. As required by the state of California, we will also notify Underground Service Alert of the locations of our planned explorations prior to drilling. 6 City of Newport Beach— SapplenaGeoteeWcal Investigation • October 18, 1996 law /Crandall Project 70131 -5- 0362.0001 We propose to explore the retaining wall locations by drilling six borings; five to a depth of about nine meters and one to a depth of 12 meters below the existing grade using truck- mounted hollow - stem auger drilling equipment. The borings will be drilled under the observation of our field technician, who will log the subsurface conditions encountered and obtain undisturbed and bulk samples for laboratory inspection and testing. We will conduct all drilling and sampling in general accordance with the applicable ASTM standards. At the completion of the drilling, we will transport all samples to our laboratory where they will be examined by an engineer and visually classified according to the Unified Soil Classification System. To deepen the borings at the SRI /SR55 interchange, we will retain Gregg In Situ, Inc. to perform four cone penetrometer tests (CPT) to depths of 25 meters. Our engineer will select samples for laboratory testing to determine the pertinent static physical characteristics of the soils. The data obtained will be used in the necessary engineering analyses. The laboratory tests will include: • In -place moisture content and dry density determination tests for each undisturbed sample. • Sieve analyses for grain size distribution and soil classification. • Direct shear tests on undisturbed samples and, if appropriate, on remolded samples to determine the shear strength of the materials. • Consolidation tests to determine the compressibility of the materials. The results of our subsurface explorations and laboratory tests will be evaluated, and additional engineering analyses will be performed in accordance with Caltrans design procedures to revise our recommendations for design of the bridge foundations and to provide recommendations for the retaining walls and sound walls. We will consult with Moffat & Nichols Engineers to verify that we are providing the appropriate foundation design information. We will revise our geotechnical report summarizing the previous data collected as well as the data collected from the currently proposed investigation and present our design recommendations. The revised geotechnical report will include: • Results of all subsurface explorations and laboratory tests, with a description of the soil and groundwater conditions encountered. 3 7 City of Newport Beach— Sapplene Geotechnical Investigation • October 18, 1996 law /Crandall Project 70131 -5 -0362.0001 • _ Recommendations for design of foundations in accordance with Caltrans design procedures to be used for support of the proposed bridge, and the retaining walls and sound walls, including allowable increases for wind or seismic loads. Design information for both spread footing and pile foundations will be provided for the retaining walls and sound walls. • Recommendations for design of foundations for the seismic retrofit of the Newport Channel bridge. • Reevaluation of the liquefaction potential at the SRI /SR55 interchange and Newport Channel bridge including design recommendations to account for likely liquefaction scenarios. • Evaluation of the feasible retaining wall types for each location. • Estimated settlements for the anticipated foundation loadings. • Recommendations regarding frictional and passive values for the resistance of lateral forces. • Recommendations for earthwork, including site preparation, excavation, and the placing of any required compacted fill. • Construction recommendations including expected noise and ground vibration levels due to pile driving. The effect of pile installation on the Newport Channel bulkhead and the CSDOC 24 -inch diameter force main will also be evaluated. • Reevaluation of corrosion recommendations to provide specific project recommendations (i.e., piling material types, coatings, etc.). The following graphics will be included in our report: • A revised site plot plan showing the location of the proposed bridges and retaining walls and the locations of our explorations. • A log of each exploratory boring depicting the changes encountered in the soil strata by elevation and depth below ground surface together with a description and classification of each soil stratum. The depth to groundwater will also be indicated. • The results of the CPTs in graphic and tabular form. • Revised Caltrans Log of Test Boring Sheets for the SRl /SASS and Newport Channel Bridges, and retaining and sand walls. • Plots and tables presenting the results of the laboratory tests. 4 I C4 of Newport Beach — Supple Geotec tical Investigation • October 18, 1996 Low /Crandall Project 70131 -5- 0362.0001 Schedule For your planning purposes, we anticipate that we can begin our geotechnical subsurface explorations within two weeks of receiving written authorization to proceed. If permits can be expedited by Caltrans, the explorations could be performed sooner. The drilling of the borings and performance of the CPTs is expected to take two days and the laboratory testing is anticipated to take one week. We can provide preliminary information within two weeks of completion of the subsurface explorations and a written report two weeks later. Fees The fee for our services will be based on the rates given in the Schedule of Charges attached to our March 2, 1995 agreement. The fee for the outlined supplemental geotechnical investigation, including the rental and operation of the exploration equipment, will not exceed $27,000 without your approval. Our fee may be broken down as follows: Permit Processing, Staking and Underground Utility Clearance................................................. ............................... $ 700 Supplemental Subsurface Explorations (Drilling and 5,800 Sampling) ................................................ ............................... Supplemental CPTs ....................................... ............................... 3,700 Laboratory Testing ........................................ ............................... 1,500 Engineering Analyses and Report Preparation Project Management ................................. ............................... 1,000 Attendance at Three Design Meetings ..... ............................... 1,500 Geotechnical Engineering Analyses and Report Preparation.................. ............................... ......................... 12.800 TOTAL.......................................................... ............................... $27,000 Authorization To authorize us to proceed, please prepare an amendment to our March 2, 1995 agreement, authorizing the additional scope of services presented in this letter. U 9 City of Newport Beach— SuppientO Ceotechnical Investigation • October 18, 1996 Law /Crandall Project 70131 -5 -0362.0001 Please call if there are any questions regarding the scope of the outlined investigation. Sincerely, LAW /CRANDALL Martin B. Hudson Project Engineer enggeo \95 -proj \03622501. DOCBIM:ge (3 copies submitted) li Barry J. Meyer Principal Engineer 16 • AMENDMENT NO. 2 TO CONSULTANT AGREEMENT GEOTECHNICAL ENGINEERING SERVICES FOR PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS THIS AMENDMENT NO. 2 TO CONSULTANT 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 Law /Crandall, Inc., whose address is 200 Citadel Drive, Los Angeles, CA 90040 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: 0 A. On June 14, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT. hereinafter referred to as "AGREEMENT ". B. On April 29, 1996, AMENDMENT No. 1 to AGREEMENT was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1." C. CITY and CONSULTANT mutually desire to further amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded as set forth in CONSULTANT's letter dated October 18, 1996, which is atached hereto as Exhibit "A" and is incorporated herein by reference. • 3 2. Compensation to be paid to CONSULTANT for such additional • scope of services as set forth in attached Exhibit "A" is $27,000 thereby increasing the not -to- exceed compensation amount from $65,500.00 to $92,500.00. 3. Except as expressly modified herein, all other provisions, terms, and convenants set forth in AGREEMENT and AMENDMENT NO. 1 shall remain the same and shall continue to be in full force and effect. IN WITNESS, WHEREOF, the parties hereto have executed this AMENDMENT NO 2 to AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor CONSULTANT BY: LAW /CRANDALL, INC. 2 • • WE • LAW /CRANDALL A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES. INC. October 18, 1996 Mr. Gail P. Pickart, P.E. Project Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -8064 Subject: Revised Scope of Services for Supplemental Geotechnical Investigation Newport Boulevard/Pacific Coast Highway Bridge and Newport Channel Bridge Project Newport Beach, California Law /Crandall Project 70131 - 50362.0002 Dear Mr. Pickart: As you requested, this letter presents our recommended revised scope of services to provide • additional geotechnical services for the proposed Newport Boulevard Bridge at the Pacific Coast Highway (PCH) Interchange (SRI /SR55) and for the proposed widening of the Newport Channel Bridge. Mr. Pickart and Mr. Lloyd Bell of the City of Newport Beach and Mr. Michael A. Kraman of Moffat & Nichols Engineers have furnished us with additional information and revised bridge plans for the project, and we have revisited the site to observe the existing conditions. Additionally, we have included changes in our scope of services as discussed with Messrs. Bell and Kraman on October 18. We previously submitted our scope of services for this work to you on October 14, 1996. We will perform our additional geotechnical engineering services in accordance with our consultant agreement with the City of Newport Beach dated March 2, 1995. This proposal includes a description of the proposed project, our scope of services, a schedule, and a fee estimate, and has been tailored to meet the needs of the project and fulfill your requirements. However, should the outlined services not meet your expectations of the assignment, we would appreciate the opportunity to discuss your concerns and make adjustments as necessary. Background We previously performed a geotechnical investigation for the proposed SRI /SR55 interchange and widening of the channel bridge; our report was dated October 18, 1995. An investigation for retaining walls was not part of our previous scope of work. Retaining walls and /or sound walls are planned at six locations; Moffat & Nichols Engineers has selected preliminary retaining wall types • for each location. 200 CITADEL DRIVE • LOS ANGELES. CA 900401554 (213) 6695300 • FAX (213) 721-6700 City of Newport Beach— Sap#wal Geotechnical Investigation October 18, 1996 law /Crandall Project 70131 - .362.0001 As you requested, we have submitted a field exploration plan for our prior investigation to Caltrans . for their review. Based on our discussions with Mr. Mark DeSalvatore with the Caltrans Transportation Laboratory ( Translab), some borings will be required for the retaining walls. Additionally, we confirmed that an exploration would not be required at the center SRI /SR55 bridge bent in PCH, provided the soil stratigraphy did not change substantially between the borings around the interchange. Mr. DeSalvatore also confirmed that the explorations should extend to a depth of at least 10 feet below the proposed pile tip elevations. Because of the potential for soil liquefaction at the site and the proposed pile cap depths, the previous borings are not deep enough and therefore need to be deepened. We are proposing to extend the borings using the cone penetrometer (CPT); this equipment is more cost effective than rotary wash drilling equipment. Mr. DeSalvatore also agreed that the CPT could be used to extend the previous borings. Because of the proposed changes to the project, we will need to reissue our geotechnical investigation report for review and approval by Caltrans Division of Structures (DOS) and Translab. Additionally, we will issue a materials report for the project for review and approval by Caltrans District 12. Proposed Services We propose to perform additional subsurface explorations, laboratory testing, and engineering analyses to provide recommendations for design of the bridge foundations and retaining walls. Our services will consist of the following main tasks: • Subsurface explorations to determine the nature and stratigraphy of the • subsurface soils, and to obtain undisturbed and bulk samples for laboratory observation and testing. • Laboratory testing of soil samples for determination of the static physical soil properties. Engineering evaluation of the geotechnical data to develop recom- mendations for design of the bridge foundations, retaining walls, and sound walls. A more complete description of the methodology to perform the required tasks is presented in the following sections. To expedite the field exploration program, we have already submitted a permit application to Caltrans; the fees for the permit were waved. We will also obtain the necessary permit from the Orange County Department of Health Services. As required by the state of California, we will also notify Underground Service Alert of the locations of our planned explorations prior to drilling. • roll City of Newport Beach—SupplemeageotecWcal Investigation • October 18, 1996 Law /Crandall Project 70131-5-036MWI • We propose to explore the retaining wall locations by drilling six borings; five to a depth of about nine meters and one to a depth of 12 meters below the existing grade using truck - mounted hollow - stem auger drilling equipment. The borings will be drilled under the observation of our field technician, who will log the subsurface conditions encountered and obtain undisturbed and bulk samples for laboratory inspection and testing. We will conduct all drilling and sampling in general accordance with the applicable ASTM standards. At the completion of the drilling, we will transport all samples to our laboratory where they will be examined by an engineer and visually classified according to the Unified Soil Classification System. To deepen the borings at the SRI /SR55 interchange, we will retain Gregg In Situ, Inc. to perform four cone penetrometer tests (CPT) to depths of 25 meters. Laboratory Testine Our engineer will select samples for laboratory testing to determine the pertinent static physical characteristics of the soils. The data obtained will be used in the necessary engineering analyses. The laboratory tests will include: • In -place moisture content and dry density determination tests for each undisturbed sample. • • Sieve analyses for grain size distribution and soil classification. • Direct shear tests on undisturbed samples and, if appropriate, on remolded samples to determine the shear strength of the materials. • Consolidation tests to determine the compressibility of the materials. The results of our subsurface explorations and laboratory tests will be evaluated, and additional engineering analyses will be performed in accordance with Caltrans design procedures to revise our recommendations for design of the bridge foundations and to provide recommendations for the retaining walls and sound walls. We will consult with Moffat & Nichols Engineers to verify that we are providing the appropriate foundation design information. We will revise our geotechnical report summarizing the previous data collected as well as the data collected from the currently proposed investigation and present our design recommendations. The revised geotechnical report will include: • Results of all subsurface explorations and laboratory tests, with a description of the soil and groundwater conditions encountered. City of Newport Beach—Sup, Ceotechnical /nvdstigation • October 18, 1996 Law /Crandall Project 70131-.362.0001 • _ Recommendations for design of foundations in accordance with Caltrans design procedures to be used for support of the proposed bridge, and the retaining walls and sound walls, including allowable increases for wind or seismic loads. Design information for both spread footing and pile foundations will be provided for the retaining walls and sound walls. • Recommendations for design of foundations for the seismic retrofit of the Newport Channel bridge. • Reevaluation of the liquefaction potential at the SRI /SASS interchange and Newport Channel bridge including design recommendations to account for likely liquefaction scenarios. • Evaluation of the feasible retaining wall types for each location. • Estimated settlements for the anticipated foundation loadings. • Recommendations regarding frictional and passive values for the resistance of lateral forces. • Recommendations for earthwork, including site preparation, excavation, and the placing of any required compacted fill. • Construction recommendations including expected noise and ground • vibration levels due to pile driving. The effect of pile installation on the Newport Channel bulkhead and the CSDOC 24 -inch diameter force main will also be evaluated. • Reevaluation of corrosion recommendations to provide specific project recommendations (i.e., piling material types, coatings, etc.). The following graphics will be included in our report: • A revised site plot plan showing the location of the proposed bridges and retaining walls and the locations of our explorations. • A log of each exploratory boring depicting the changes encountered in the soil strata by elevation and depth below ground surface together with a description and classification of each soil stratum. The depth to groundwater will also be indicated. • The results of the CPTs in graphic and tabular form. • Revised Caltrans Log of Test Boring Sheets for the SRI /SR55 and Newport Channel Bridges, and retaining and sand walls. • Plots and tables presenting the results of the laboratory tests. • 4 9 Oty of Newport Beach— Supplen-GeotecWcalInvestigation ' • October 18, 1996 law /Crandall Project 70731 -"3 .,COI Schedule For your planning purposes, we anticipate that we can begin our geotechnical subsurface explorations within two weeks of receiving written authorization to proceed. If permits can be expedited by Caltrans, the explorations could be performed sooner. The drilling of the borings and performance of the CPTs is expected to take two days and the laboratory testing is anticipated to take one week. We can provide preliminary information within two weeks of completion of the subsurface explorations and a written report two weeks later. Fees The fee for our services will be based on the rates given in the Schedule of Charges attached to our March 2, 1995 agreement. The fee for the outlined supplemental geotechnical investigation, including the rental and operation of the exploration equipment, will not exceed $27,000 without your approval. Our fee may be broken down as follows: Permit Processing, Staking and Underground Utility Clearance................................................. ............................... $ 700 . Supplemental Subsurface Explorations (Drilling and Sampling) .............................. ............................... 5,800 Supplemental CPTs ....................................... ............................... 3,700 Laboratory Testing ........................................ ............................... 1,500 Engineering Analyses and Report Preparation Project Management ................................. ............................... 1,000 Attendance at Three Design Meetings ..... ............................... 1,500 Geotechnical Engineering Analyses and Report Preparation.................. ............................... ......................... 12.800 TOTAL.......................................................... ............................... $27,000 Authorization To authorize us to proceed, please prepare an amendment to our March 2, 1995 agreement, authorizing the additional scope of services presented in this letter. I7 • IN City of Newport Beach— Supp #al Ceotechnical Investigation October 18, 1996 law/Crandall Project 70131 -5 62.0001 Please call if there are any questions regarding the scope of the outlined investigation. Sincerely, LAW /CRANDALL Martin B. Hudson Project Engineer enggeo \95 -proj \03622501. DOC/BIM:ge (3 copies submitted) Barry J. MI eyer Principal Engineer • 11 l J 16 .e 40Y a. u Geotechnical Engineering Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Improvements THIS AGREEMENT, entered into this J� day of 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LAW /CRANDALL, INC., whose address is 200 Citadel Drive, Los Angeles, CA 90040 (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 has identified improvements to the Pacific Coast • Highway /Newport Boulevard Interchange Bridge Structures as a project resulting in substantial public benefit and has identified funding sources to pay for the cost of the improvements. C. CITY and CONSULTANT entered into an agreement dated March 2, 1995, for geotechnical engineering services to support the preparation of the Project Study Report (the "PSR ") for the interchange improvements. D. CITY has entered into an agreement with IWA Engineers to prepare a Project Report (the "PR ") which is the next step in the Caltrans project development process for the interchange improvements. E. Additional geotechnical engineering and environmental site investigation services are required in order to support the PR preparation as well as to provide the geotechnical criteria for preparation of the project's final design (plans, specifications, and estimates). F. CONSULTANT has submitted the attached scope of services dated May 16, 1995, to provide such additional geotechnical engineering and environmental site investigation services. • 16, 1995. G. CITY desires to accept CONSULTANT's Scope of services dated May 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 May 1, 1995, and shall terminate on April 30, 1996, 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 in the Scope of Services attached hereto and identified as Exhibit "A ". 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. The maximum fee shall not exceed $58,000.00 plus a budget allowance of $2,000.00 to cover the direct cost of reimbursibles such as blueprints, photocopies, etc. • ONSFY :k•_:• • 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. 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. RF*&trGP0 .• • .::u 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 to the extent arising from CONSULTANT's negligent performance of services or negligent work conducted or performed pursuant to this Agreement, except to the extent that such claims arise out of the sole negligence or willful misconduct of the CITY. 2 0 G \_ 0 /y I 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 a 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 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 certified to do business in the State of California with original endorsements and, with the exception of professional liability, copies of policies, if requested by CITY, of the following insurance with carriers having a Best's rating of Class B or better: 1. Workers' compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. Commercial genera; 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 be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or materially 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. kJ , 9 ,-? i 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. With the exception of workers' compensation and professional liability insurance, 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. 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 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. 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. a r • I] • I� 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 upon receipt of payment for services to CONSULTANT. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any re -use of such documents for other projects or other purposes, 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 may retain confidential file copies of said documents. . CONSULTANT shall, at such reasonable time and in such reasonable 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. 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 regular business hours 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 at regular business hours and at the place where such records are normally kept. Such records, together with supporting documents, shall be kept separate from 5 I r� 8 CJ IJ other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. R �@ kl G>ti[d *9 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: Steve Badum, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Law /Crandall Inc. 200 Citadel Drive Los Angeles, CA 90040 Attention: Barry Meyer (213) 889 -5300 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 a pro -rated percentage of work completed under this agreement as per the fee schedule contained above, subject to any maximum amount to be received for any specific service. 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 6 r� U • 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. INTEGRATED CONTRACT This Agreement together with the attached supplemental terms and conditions between CITY and CONSULTANT 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 r CONSULTANT. 7 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: JA MAYOR APPROVED AS TO FORM: 6L- 1)�,AL-� — City Attorney ATTEST: City Clerk CONSULTANT BY: L LAW/ChANDACL, INC. s • N • 1Q SUPPLEMEI" 14 TERMS AND CONDITIONS BEN CITY (NEWPORT BEACH) AND CONSULTANT (LAWICRANDALL) •1. SITE OPERATIONS. CITY will arrange for right -of -entry to the property for the purpose of performing project management, studies, tests and evaluations pursuant to the agreed services. CITY represents that it possesses necessary permits and licenses required for its activities at the site. CONSULTANT's field personnel are trained to initiate field testing, drilling and/or sampling within a reasonable distance of each designated location. CONSULTANT's field personnel will avoid hazards or utilities which are visible to them at the site. If CONSULTANT is advised in writing of the presence or potential presence of underground or overground obstructions, such as utilities, we will give special instructions to our field personnel: CONSULTANT is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by CITY or third parties, except to the extent such damage or loss is a result of CONSULTANTs negligence. 2. FIELD REPRESENTATIVE. The presence of CONSULTANT's or its subcontractor's field personnel, either full -time or part -time, may be for the purpose of providing project administration, assessment, observation and /or field testing of specific aspects of the project as authorized by CITY. Should a contractor(s) not retained by CONSULTANT be involved in the project, CITY will advise such contractor(s) that CONSULTANT's services do not include supervision or direction of the means, methods or actual work of the contractor(s), his employees or agents. CITY will also inform contractor that the presence of CONSULTANTS field representative for project administration, assessment, observation or testing will not relieve the contractor of its responsibilities for performing the work in accordance with the plans and specifications. • If a contractor (not a subcontractor of CONSULTANT) is involved in the project, CITY agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working conditions on the job site, including security and safety of all persons and property during performance of the work, and compliance with all CITY safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that CONSULTANT will not be responsible for job or site safety or security on the project, other than for CONSULTANTs. employees and subcontractors, and that CONSULTANT does not have the duty or right to stop the work of the contractor. 3. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining drilling samples and other specimens are disposed of 30 days after submission of CONSULTANT's report. a. NON - HAZARDOUS SAMPLES. At CITY's written request, CONSULTANT will retain preservable test specimens or the residue therefrom for 30 days after submission of our report free of storage charges. After the initial 30 days and upon CITY s written request, CONSULTANT will use its best efforts to retain test specimens or samples but only for a mutually 0 M111 WEWPORW130O.SfC 1 tr acceptable storage charga and period of time. CITY agrei that CONSULTANT is not responsible or liable for any loss of test specimens or samples retained in storage. b. ` HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that test . samples contain toxic or hazardous constituents as defined by applicable law, upon completion of any testing and temporary storage by CONSULTANT and per CITY's stated preference, CONSULTANT will: 1) return such samples to CITY for proper disposal; 2) using a manifest signed by CITY as generator and at additional cost, have such samples transported to a location selected by CITY for proper final disposal; or 3) at an additional charge per sample, dispose of such samples at a properly licensed disposal facility. CITY agrees to pay all costs associated with the storage, transport, and disposal of such samples. CITY recognizes and agrees that CONSULTANT is acting as a bailee and at no time assumes title to said materials. 4. WASTE DISPOSAL. If CITY requests CONSULTANT to containerize drilling wastes and /or fluids produced by CONSULTANT's activity ( "Wastes "), CITY will provide a secure temporary storage location at or near the project site to prevent tampering with such containerized Wastes. Non - hazardous Wastes will be disposed of by CONSULTANT for an additional charge at an appropriately licensed facility. Any hazardous Wastes will be disposed of under manifest executed by CITY at any properly licensed facility selected by CITY with CONSULTANT's assistance. At no time will CONSULTANT take title to such hazardous Wastes. 5. * ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents and to the maximum extent permitted by law, for separate and valuable consideration of $1.00, CITY agrees to defend, hold harmless and indemnify CONSULTANT from and against any and all claims, liabilities, or judgements, except to the extent finally determined as being • caused by CONSULTANTS negligence or willful misconduct, resulting from: a. Toxic or hazardous substances or constituents introduced at the site by CITY or third persons before, during or after the completion of CONSULTANT's services; b. Allegations that CONSULTANT is a handler, generator, operator, treater, storer, transporter, or disposer unless expressly retained by CITY for such services under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation or law due to the CONSULTANTS services; or, C. Any third party suit or claim for damages against CONSULTANT alleging strict liability, personal injury (including death) or property damage from exposure to or release of toxic or hazardous substances or constituents at or from the project site before, during or after completion of CONSULTANT's services under this Agreement. Applies only if toxic or hazardous substances or constituents are anticipated or encountered. END OF DOCUMENT 2 C� 70 EXHIBIT A LAW /CRANDALLtc. ENGINEERING AND ENVIRONMENTAL SERVICES • May 16, 1995 Mr. Gail P. Pickart, P.E. Project Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -8064 Subject: Scope of Services for Additional Geotechnical Services and Preliminary Site Investigation Newport Boulevard/Pacific Coast Highway Bridge and Newport Channel Bridge Project Newport Beach, California Law /Crandall Project No. 2661.50047.0001 Dear Mr. Pickart: . As requested by you, this letter supersedes our letter dated May 2, 1995 and presents our recommended scope of services to perform additional geotechnical services and a Preliminary Site Investigation (PSI) for the proposed Newport Boulevard at Pacific Coast Highway Interchange (SRl /SR55) Bridge and the proposed widening of the Newport Beach Channel'Bridge. Mr. Pickart of the City of Newport Beach and Ms. Marie Marston of IWA Engineers have furnished us with information and plans for the project, and we have visited the site and observed the existing conditions. We are currently providing geotechnical engineering services in accordance with our consultant agreement dated March 2, 1995. Under this agreement we were authorized to perform the following services for the Project Study Report for the proposed SRl /SR55 bridge: Task 1 • Initial Site Assessment (ISA) • Geotecbnical Literature Review • Preliminary Foundation Design Memorandum • Retaining Wall Type Selection Memorandum Task 2 • Geotechnical Field and Laboratory Investigation Program • Preliminary Engineering and Geologic Analyses and Consultation Task 1 was completed with the submittal of our ISA report dated February 15, 1995 and Design Memorandums I and II, both dated February 17, 1995. The preliminary consultation portion of isTask 2 has been initiated but the geotechnical field and laboratory investigation program has been 200 CITADEL DRIVE • LOS ANGELES. CA 90040 (213) 8895300 • FAX (213) 7216700 OxE O[1NE 4WCWV.xiESQ --)\ I Citv of Newnan Beach— s"OServices for May 16, 1995 Additional Ceotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 • placed on hold until further notice. Comprehensive engineering and geologic analyses for the project was beyond the scope of services authorized in our March 2, 1995 agreement. The purpose of this letter is to outline the additional geotechnical services and the PSI required to complete the engineering and geologic analyses for the proposed SRI /SR55 bridge and the Newport Channel Bridge widening. Additionally, you have requested us to modify our exploration program for the SR1/SR55 interchange and perform a complete geotechnical investigation for the widening of the west side of the Newport Channel Bridge. Caltrans was responsible for widening the east side of the bridge around 1989; Logs of Test Borings and a Caltrans foundation recommendation memorandum for the 1989 widening were provided by Mr. Pickart and Mr. William C. Cain of Caltrans. This letter includes a description of the proposed project, our scope of services, a schedule, and a fee estimate and has been tailored to meet the needs of the project and fulfill your requirements. However, should the outlined services not meet your expectations of the assignment, we would appreciate the opportunity to discuss your concerns and make adjustments as necessary. PROJECT DESCRIPTION The proposed project includes the phased demolition and reconstruction of the Newport Boulevatd/Pacific Coast Highway (SR1/SR55) bridge and the widening of the west side of the Newport Channel Bridge. The SRl /SR55 bridge will be demolished and constructed in phases • such that traffic may cross the bridge during the construction period. The bridge is anticipated to be a single span reinforced concrete structure. The approach slabs are planned to be supported on grade. The west side of the Newport Channel Bridge is planned to be widened. The existing bridge consists of 5 spans and is supported on 406mm (16 -inch) square precast concrete piles. The east side of the bridge was widened around 1989. . A retaining wall that was previously proposed adjacent to Old Newport Boulevard and the northbound side of SR55 just north of PCH has been removed from the project. SCOPE OF SERVICES We propose to perform additional subsurface explorations, laboratory testing, and engineering analyses to provide recommendations for design of foundations and walls below grade, for pavement support, and for earthwork. Additionally, we have been requested to perform a Preliminary Site Investigation. Our supplemental services will consist of the following main tasks: • Task 3: Supplemental Geotechnical Investigation • Task 4: Geologic- Seismic Hazards Study • Task 5: Engineering Analyses and Report Preparation • Task 6: Preliminary Site Investigation 2 r 1 u P, • City of Newport Beach —Scope Vervices for May 16, 1995 Additional Geotechnlcal Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 A more complete description of the methodology to perform the required tasks is presented in the following sections: TASK 3: SUPPLEMENTAL GEOTECHNICAL INVESTIGATION Supplemental Subsurface Explorations The supplemental subsurface explorations will be performed in conjunction with the geotechnical field investigation program outlined in Task 2 of our February 2, 1995 Scope of Services letter. As requested, we will explore the south west comer of the SRI /SR55 bridge site by drilling one additional boring; we will also drill two additional borings for the Newport Channel Bridge widening as summarized in the table below. Additionally, the three 4.5 meter borings for the previously planned retaining wall that were authorized in our March 2 agreement have been removed from the exploration program. The reduction in fees associated with the discontinuing of the three borings has been incorporated into fees presented for the supplemental explorations outlined in this letter. The borings will be drilled under the observation of our field technician, who will log the subsurface conditions encountered and obtain undisturbed and bulk samples for laboratory inspection and testing. We will perform standard penetration tests (SPT) in the borings. Summary of Explorations Number of Depth of Exploration Equipment Location Explorations Explorations (meters) South west corner of 1 18 Rotary Wash SRI /SR55 Bridge North west comer of Newport Channel 1 12 Limited Access/ Hollow -stem auger Bridge South west corner of Newport Channel 1 12 Limited Access/ Hollow -stem auger Bridge Prior to the start of our exploration program, we will conduct afield reconnaissance to further observe site conditions and mark the locations of our planned explorations. As required by the state of California, we will also notify Underground Service Alert of the locations of our planned 'explorations prior to drilling. Permits will be required from Caltrans and the Orange County 7i'� City of Newport Beach— Sc0io7fSer ices for May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.500470001 • Department of Health Services. The locations of the proposed borings discussed in this letter and our February 2, 1995 Scope of Services letter are presented on the enclosed plot plan. The soil cuttings and drilling mud from the borings will be placed in barrels and left at the site pending the . results of chemical analyses. 'If the analyses indicate that the soils are not contaminated, the barrels and cuttings can be disposed of normally. If the analyses indicate that the soils are contaminated, we can advise you of what special procedures will be required to dispose of the mud and soil cuttings. We will conduct all drilling and sampling in general accordance with the applicable ASTM standards. At the completion of the drilling, we will transport all samples to our laboratory where they will be examined by an engineer and visually classified according to the Unified Soil Classification System. We will monitor the samples with an organic vapor analyzer (OVA) for the presence of hydrocarbons. We will not be sampling any of the soils or any of the water that may be encountered during the explorations for environmental testing. If the soil samples obtained or the OVA readings indicate that environmental sampling and testing of the soils and /or ground water is warranted, we will immediately notify you of our findings and will develop recommendations for a sampling and testing program. The health and safety of our personnel require that we be aware of any environmental . contamination present on the property. Accordingly, we need to be provided with any reports on the presence of such contaminants. If evidence of such materials is encountered during the course of our investigation, we must stop our investigation and contact you to determine the appropriate course of action. Delays and increased costs caused by such actions are not within the scope of our investigation. Laboratory Testing Our project engineer will select samples for laboratory testing to determine the pertinent static physical characteristics of the soils. The data obtained will be used in the necessary engineering analyses. The laboratory tests will include: • In -place moisture content and dry density determination tests for each undisturbed sample; • Atterberg limits tests for plasticity determination and soil classification; • Sieve analyses for grain size distribution and soil classification; • Direct shear tests on undisturbed samples and, if appropriate, on remolded samples to determine the shear strength of.the materials; • Consolidation tests to determine the compressibility of the materials; • �S • Ciry of Newport Beach—Scope rvices far May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.500470001 • California Bearing Ratio (CBR) tests for use in developing paving recommendations. Corrosion Study (Newport Channel Bridge) Corrosion Studies were authorized for the SRl /SR55 Bridge as part of our March 2, 1995 agreement. For the Newport Channel Bridge widening, additional testing and analyses will be required to determine the corrosion potential of the soils and the effect of the soils on underground metal piping and portland cement concrete. This study will include sulfate tests, pH determination, laboratory resistivity tests, and corrosion design recommendations. (This service will not include corrosion protection consultation during design; if needed, we can provide such design consul- tation). TASK 4: GEOLOGIC - SEISMIC HAZARDS STUDY A geologic - seismic evaluation will be performed in general accordance with the guidelines outlined by the California Division of Mines and Geology. We will review and evaluate local and regional geologic and seismologic information, including published maps, reports, research, and earthquake records. Based on our evaluation, we will provide the following: • A description of the local and regional geologic conditions in the site vicinity; is• A description of the geologic materials at the site; • A geologic section depicting the subsurface conditions; • Information on the current and historic ground water conditions beneath the site; • A determination of whether or not the site is in an Alquist - Priolo Earthquake Fault Zone for fault rupture hazard; • Information on nearby active and potentially active faults; • An evaluation of the potential for fault surface rupture at the site; • An evaluation of the potential for liquefaction and seismic settlement at the site, based on ground water conditions, soil properties, and potential ground acceleration; • The site's location relative to known flood zones and dam inundation areas; • The site's location relative to the ocean or large bodies of confined water, and the anticipated effects associated with tsunamis (seismic sea waves) or seiches (oscillation waves in a body of water due to shaking or rupture), and; r, �i -) j city of Newport Beach —ScAf Services for ' May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 • • An evaluation of the potential for slope instability or subsidence at the site. TASKS: GEOTECHNICAL ENGINEERING ANALYSES AND REPORT The results of our subsurface explorations and laboratory tests will be evaluated, and engineering analyses will be performed to develop recommendations for design of foundations and walls below grade, for floor slab support, and for earthwork. We will prepare a geotechnical report the data collected and presenting our design recommendations. The report will include: • Results of the subsurface explorations and laboratory tests outlined in our February 2, 1995 Scope of Services and in this letter, with a description of the soil and ground water conditions encountered; • Results of the Geologic - Seismic Hazards Study with appropriate mitigation measures for the identified hazards; • Recommendations for design of foundations to be used for support of the proposed SRI /SR55 Bridge and the Newport Channel Bridge Widening, including allowable increases for wind or seismic loads; • Estimated settlements for the anticipated loadings; • • Recommendations regarding frictional and passive values for the resistance of lateral forces; • Recommendations for design of walls below grade and retaining walls; • Recommendations for design of shoring; • Recommendations -for earthwork, including site preparation, excavation, and the placing of any required compacted fill; • Recommendations for design of asphalt and portland cement concrete paving; • Results of the corrosion studies. The following graphics will be included in our report: • A vicinity map showing the location of the site. �b E City of Newport Beach— Scopeeervices for May 16, JOS Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 • A plot plan showing the location of our exploratory borings, the proposed SRl /SR55 Bridge, and the Newport Channel Bridge Widening relative to adjacent streets and existing structures. • A log of each exploratory boring depicting the changes encountered in the soil strata by elevation and depth below ground surface together with a description and classification of each soil stratum. The depth to groundwater will also be indicated. • Geologic sections through the proposed SRl /SR55 and Newport Channel Bridges • Caltrans Log of Test Boring Sheets for the SRl /SR55 and Newport Channel Bridges • Plots and tables presenting the results of the laboratory tests. TASK 6: PRELIMINARY SITE INVESTIGATION (PSI) Our Initial Site Assessment (ISA) report, dated February 15, 1995, was included as a part of the draft Project Study Report (PSR) submitted to Caltrans for review. Caltrans reviewed the draft PSR and submitted their review comments in a letter to Ms. Marie Marston dated April 6, 1995. • Additionally, we spoke with Ms. Shana Manafien from the environmental engineering branch of. Caltrans to clarify the scope of work requested by Caltrans for the Preliminary Site Investigation (PSI). Based on review comments by Caltrans and our recommendations in the ISA, we have prepared the scope of services for the PSI. Our scope of service for the PSI will include the following subtasks: • Pre- Assessment Meeting • File Review • Field Preparation • Soil.Gas Survey • Geoprobe Borings and Soil and Groundwater Sample Collection • Laboratory Analysis • Report Preparation A more complete description of the subtasks are presented in the following sections. Pre- Assessment Meeting We will meet with'City of Newport Beach and IWA to discuss, to the extent possible, the limits `of construction, including the depth of excavation, for this project. This information will enable us to place our borings in the appropriate locations and at the appropriate depths to evaluate the environmental concerns present. ')1 �3 City of Newport Beach —Sc #f Services for May 16, 1995 Additional Georechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 0 File Review We have received the records requested from the Orange County Health Care Agency (OCHCA) regarding the four properties identified in the ISA as potential concerns to the site. These include three regulatory- listed leaking underground storage tank (LUST) sites located adjacent to Pacific Coast Highway (PCH) and the former Arches Gasoline Station. We will review these files to assess the potential for hazardous materials to be encountered during site construction and the need for additional subsurface environmental assessment, if any. Field Preparation We will perform those activities necessary prior to conducting an invasive survey. These activities will include preparing a site - specific health and safety plan that will outline the health and safety procedures to be followed in the field. We will also mark the proposed soil boring locations at the site and contact Underground Services Alert (USA) prior to drilling in an effort to locate possible underground utility lines at the site. We will review as -built utility drawings of the site that are supplied to us, if available. We will obtain the necessary permits from Caltrans and other agencies, if required, to sample groundwater and to drill in the street or the sidewalk to collect soil gas samples. Soil Gas Survey We will perform a soil gas survey of the site to evaluate the methane and hydrogen sulfide gas • hazards in the construction area where soils will be disturbed. The survey will be concentrated along the north segment of Pacific Coast Highway and around the SRI /SR55 bridge interchange. We will also test selected soil gas samples collected around the bridge interchange and in areas where petroleum hydrocarbon impacts are suspected for total volatile petroleum hydrocarbons (TVPH). Soil and Groundwater Sample Collection We will hydraulically advance four Geoprobe Borings, G -1 through G-4, in the existing unpaved areas of the proposed on and off ramps of the bridge interchange. Two of these borings, G -1 and G -2; coincide with locations of former 'oil and gas" stations that were identified in the. ISA. The proposed geoprobe locations are shown on the enclosed plot plan. We will advance the soil borings using the hydraulically -driven Geoprobe sampling equipment to a depth of approximately 31h meters or to groundwater, whichever is shallower. We will collect soil samples from G -1 through G-4 at the depths specified by Caltrans at the intervals required for lead testing of soil: 0 to 0.15 meter, 0.30 to 0.45 meter, 0.60 to 0.75 meter, and 1.2 to 1.35 meter. We will additionally collect soil samples from G -1 and G -2 at depths of approximately 2.4 and 3.6 meters, to test the soil for petroleum hydrocarbon contamination. Caltrans has requested that we sample the groundwater. Therefore, we propose to collect two groundwater samples using the Geoprobe sampling equipment at locations G -1 and G -3. 0 • City of Newport Beach —Scop *Services for May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.5004717001 We will screen the soil samples in the field for volatile organic compounds (VOCs) using a portable organic vapor analyzer (OVA). The soil samples will be retained in clean sleeves and the groundwater samples in laboratory supplied bottles, which will be capped, labeled, and placed in a chilled ice chest until they are delivered, under appropriate chain -of- custody. documentation, to a state - certified analytical laboratory for chemical testing. The sampling equipment will be washed between sampling intervals in a non phosphate detergent and triple rinsed with tap water to reduce the potential for cross contamination. The Geoprobe hole will be backfilled with a bentonite chip backfill and the surface patched as appropriate. Laboratory Analysis Mr. Eabdell Girgis of the Caltrans hazardous materials department requested that the following protocol be used for lead testing of the soil. The sixteen soil samples collected for lead testing from G -1 through G4 will be analyzed for total lead by EPA Method 7421. The results will be compared to the California Assessment Code Title 26 Total Threshold Limit Concentration (TTLC). The TTLC is the concentration above which materials are classified as "hazardous" according to State regulations. Those samples exceeding 50 mg /kg will additionally be tested for comparison to the Soluble Threshold Limit Concentration (STLC). One milligram per kilogram (mg /kg) is approximately equivalent to one part per million (ppm). Twenty percent of the samples exceeding the STLC of 5 mg /I (milligrams per liter) for lead will be analyzed for STLC using deionized water (minimum of 4 samples). • Soil samples collected from G -1 and G -2 at depths of 1.2, 2.4, 3.6 meters will be analyzed for total recoverable petroleum hydrocarbons according to EPA Method 418.1. Since the groundwater at the site may be affected by a variety of pollutants in the region, the groundwater samples collected from G -1 and G -3 will be analyzed for volatile organic compounds (VOCs) by EPA Method 601/602, for total petroleum hydrocarbons as diesel (TPHd), and for CAM metals by EPA Methods 6000 and 7000 series. Report We will prepare a report that summarizes the work done during the PSI and presents our findings and conclusions. If indicated by the preliminary findings, recommendations for additional assessment work will be included. Our report will be prepared on behalf of and for the exclusive use of the City of Newport Beach. The scope of services does not include the preparation of a "draft" report. If the reviewing agencies request that the report be modified, a revised report could be prepared. The additional fees associated with preparing a revised report will depend on the review comments. If a revised report is requested we will prepare an estimate for the associated fees. w DI City of Newport Beach —Sc0f Services for . May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 SCHEDULE GEOTECBMCAL INVESTIGATION For your planning purposes, we anticipate that we can begin our geotechnical subsurface explorations within two weeks of receiving written authorization to proceed. If permits can be expedited by Caltrans, the explorations could be performed sooner. The drilling of the borings is expected to take 6 days and the laboratory testing is anticipated to take two weeks. We can provide preliminary information within 4 weeks of completion of the subsurface explorations and a written report 2 weeks later. Preliminary Site Investigation We anticipate being able to begin work on the Preliminary Site Investigation portion of this project immediately upon receiving your written authorization and complete the work within 7 weeks. We estimate we can complete the pre - assessment meeting, the file review, and the field preparation within two weeks of receiving written authorization. The soil gas survey, the soil and groundwater sample collection, and laboratory testing will be performed during the following two weeks. We have budgeted the laboratory fees on a normal turn around time of five working days. A written report could be provided two to three weeks after we obtain the laboratory results. 10 • -;O r1 �J Ciry of Newport Beach —Scope ervices for May 16, 1995 Additional Geotechnical Services and Preliminary Site'Investigation Law /Crandall Project 2661.50047.0001 The fee for our services will be based on the rates given in the Schedule of Charges attached to our March 2, 1995 Agreement. The fee for the outlined geotechnical and hazardous materials /waste investigations, including the rental and operation of the drilling equipment, will not exceed $58,000 without your approval. Permit.fees are considered to be a reimbursable item. The fee may be broken down as follows: Task 3: Supplemental Geotechnical Exploration 600 Permit Processing, Staking and Underground $500 Utility Clearance 2,500 Su eplemental Subsurface Explorations (pDrilling and Sampling) 5,600 Drilling Mud Testing and Disposal of Uncontaminated 2,300 Drilling Mud and Cuttings 2,300 Laboratory Testing 3,400 Corrosion Study (Newport Chanriel Bridge) 800 Task 3 Subtotal: $12,600 Task 4: Geologic- Seismic Hazards Study $2,500 Task 5: Engineering Analyses and Report Preparation Project Management 2,000 Attendance at Four Design Meetings 4,000 Geotechnical Engineering Analyses 14,900 Geotechnical Report Preparation 5.200 Task 5 Subtotal: $26,100 Task 6: Preliminary Site Investigation Pre- Assessment Meeting (includes travel) 600 File Review (4 sites plus agency exp.) 1,200 Field Preparation 2,500 Soil Gas Survey 3,800 Soil and Groundwater Sample Collection 3,200 Laboratory Analysis 2,300 Report Preparation 3.200 Task 6 Subtotal: $16,800 . TOTAL ESTIMATED FEE 58 000 2\ City of Newport Beach —Sc Services for Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047 0001 May J6, 1995 11 The above fee estimate will be valid for a period of 90 days from the date of this letter. The above fee estimate does not include additional services or work requested by you or your other consultants, or by the controlling public agencies during the review process. Our fee also does not include disposal of contaminated soils or hazardous materials. We will invoice monthly for the portion of work completed. AUTHORIZATION To authorize us to proceed, an amendment, authorizing the scope of services presented in this letter, could be made to our March 2, 1995 Agreement. We look forward to working with you on this project. Please call if you have any questions regarding the outlined investigations. Sincerely, LAW /CRANDALL, INC. Jusn J. Ke pttn' on Robin Kim, R.G. Project Engineer Project Geologist / Barry J. Meyer Chief Engineer/Project Manager 661.sc2 /cly (2 copies submitted) Enclosure: Plot Plan 12 • 2� i AMENDMENT NO. 1 TO • CONSULTANT AGREEMENT GEOTECHNICAL ENGINEERING SERVICES FOR PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS. THIS AMENDMENT NO. 1 to Consultant- Agreement, made and entered into this 29th day of April, 1996, by and between the City of Newport Beach, (hereinafter referred to as "CITY") and Law /Crandall, Inc., whose address is 200 Citadel Drive, Los Angeles, CA 90040 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On June 14, 1995, 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: 1997. 1. The term of AGREEMENT is extended from April 30, 1996, to June 30, 2. The scope of services to be performed by CONSULTANT is expanded as set forth in CONSULTANT's letter dated April 24, 1996, which is attached hereto as Exhibit "A" and is incorporated herein by reference. 3. Compensation to be paid to CONSULTANT for such additional scope of services as set forth in attached Exhibit "A" is $5,500.00 thereby increasing the not -to- exceed compensation amount from $60,000.00 to $65,500.00. • 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall continue to be in . full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to Consultant Agreement on the date first above written. APPROVED AS TO FO RM: XAft;omey G �A- d'46,, CITY CLERK CITY OF NEWPORT BEACH, a mmicWorks BY: r CONSULTANT BY: IAW /CRANDALL, INC. z • n�. } LAW /CRANDALL, C. \ ENGINEERING AND ENVIRONMENTAL VICES April 24, 1996 • Mr. Gail P. Pickart, P.E. Project Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -8064 Subject: Increase in Scope of Services Proposed SRIISR55 Interchange Newport Beach, California City of Newport Beach Purchase Order No. 15361 Law /Crandall Project No. 70131.50362.0001 Dear Mr. Pickart: This letter presents our request for additional fees associated the preparation of a Materials Report for the project and supersedes our letter dated November 17, 1995. We performed a geotechnical investigation and an environmental site assessment for the project and submitted the results of our studies in our reports dated September 14 and October 18, 1995. Additionally, Caltrans required a Materials Report be prepared for the project which was not a part of our scope of services outlined in our agreement dated June 14, 1995. Accordingly, we request that our budget for geoteclinical and environmental services be increased . by $4,000 for the cost of preparing the draft and final Materials Reports. To meet the project schedule, we prepared the draft Materials Report dated November 13, 1995 and submitted it to Caltrans. Upon their review, we met with you and Caltrans engineers to discuss their comments. Upon your authorization, we are prepared to final the Materials Report for the project. Additionally, we suggest an initial budget of $1,500 be established for our attendance at project meetings and supplemental consultation services for the project; this may be subject to increase depending on future requirements. Based on the additional scope items mentioned above, the requested fees would increase the total project budget for our services from $60,000 to $65,500. Please indicate acceptance of the increase in our fees for our services by an amendment to the original Purchase Order 15361. We will continue to work under the terms and conditions of our June 14, 1995 agreement. We look forward to continue working with you on this project. Please call if you have any questions. Sincerely, LAW /CRANDALL, INC. / Justin J. a pton Senior Engineer • enggco\95- proj \0362L02.D0C1JIK: (3 copies submitted) u1pr. G' /de if Paul Elliott Principal Geologist 200 CITADEL DRIVE • LOS ANGELES, CA 90040 (213) 889 -5300 • FAX (213) 721-6700 OxE a IxE llwcWPrype ,y 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 TO: FROM: DATE: PURCHASING /FINANCE DEPARTMENT CITY CLERK June 14, 1995 SUBJECT: Contract No. C- 2886(B Description of Contract Consultant Agreement for PCH/ Newport Boulevard Interchange Bridge Structures Improvements Effective date of Contract June 14, 1995 Authorized by Minute Action, approved on May 22, 1995 Contract with Law /Crandall, Inc. Address 200 Citadel Drive Los Angeles. CA 90040 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • i X38) May 22, 1995 CITY COUNCIL AGENDA MAY ? 21995 1 ITEM NO. 5 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS (C -2886) A►9,�[�I� Authorize the Mayor and the City Clerk to execute a Consultant Agreement with Law /Crandall Inc. for geotechnical services to support project design. DISCUSSION: On January 9, 1995, the City Council approved a Consultant Agreement with IWA Engineers to prepare a Project Study Report (PSR) for the proposed interchange improvements. •On March 27, 1995, the City Council approved a Consultant Agreement with IWA Engineers to prepare a Project Report (PR) for the interchange improvements as the next step in the Caltrans project development process. As the lead consultant in the project development process, IWA Engineers need the support geotechnical engineering, engineering. of other consultants providing environmental assessment, professional services in the areas of structural engineering, and traffic The major objectives in preparing the PSR and PR are to identify project constraints and site conditions so that a realistic cost estimate can be established for the project. The proposed PCH /Newport Boulevard Interchange improvements include bridge construction. The soil materials and subsurface conditions that will support the structure foundations are critical to the bridge design. Therefore, the services of a geotechnical engineer were determined to be necessary early in the project development process. In December 1994, the Public Works Department staff initiated a qualification based selection process for hiring a geotechnical engineering consultant for the project design. Three firms who had experience with Caltrans bridge design and knowledge of this project location were invited to submit letters of interest and a statement of qualifications. The three invited firms were Woodward - Clyde, Diaz - Yourman & Associates, and Law /Crandall, Inc. The interview committee • selected Law /Crandall, Inc. as the most qualified for this interchange improvement project. Following their selection, discussions commenced relative to a scope of services. An initial scope of work was established which included a thorough review of existing geotechnical information and reports, performing five soil borings, providing preliminary recommendations for use in cost estimating, and performing an Initial Site Assessment (ISA) regarding contamination of soil and ground water by hazardous wastes. These initial services are covered by a Consultant Agreement signed by the City Manager for a cost not -to- exceed $29,950. 0 0 SUBJECT: PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS (C -2886) May 22, 1995 Page 2 The ISA was prepared and is included as an appendix to the PSR. A conclusion of • the ISA is that the next level of site investigation is necessary because of possible leakage of storage tanks associated with the previous existence of gasoline stations in the immediate project vicinity. This additional site environmental investigation involves the use of geoprobes to obtain soil and ground water samples that are collected and laboratory tested to determine the presence of contaminants, especially hydro- carbons. This information is required in order to establish if remediation work will be necessary or if special safety measures must be implemented during construction. Law /Crandall's initial scope of work did not include soil borings and geotechnical investigation related to the Channel bridge widening because a determination had not been made whether the City or Caltrans would handle the widening design ( Caltrans subsequently declined to perform the design). The number and location of soil borings were further reviewed as part of the PSR process. These efforts defined a second scope of geotechnical services for the project design. Law /Crandall has submitted a proposal to perform this next phase of services in their letter dated May 10, 1995. Work will include the soil borings for the Channel bridge widening, laboratory testing associated with all soil samples collected from the borings, preparation of complete reports of geotechnical investigation for the project, and performance of the next level of rite environmental investigation along with preparation of a written report. We believe that this • second scope of services will provide all the geotechnical information required to support the project's final design (preparation of plans, specifications, and estimates) which is anticipated to commence at the beginning of 1996. The cost of the services covered in the proposal is $58,000. Staff recommends approval of a Consultant Agreement with Law /Crandall, Inc. for the geotechnical engineering services described in their May 10, 1995, proposal for a not -to- exceed fee amount of $58,000 plus a budget of $2,000 to cover direct reimburseables. Funding for this project is available within the Orange County Combined Transportation Funding Program (OCCTFP) Fund Account No. 7281P301199K (Measure "M' Local Turnback funds) in the amount of $8,930 and the Gas Tax fund Account No. 7181 P301070A in the amount of $51,070. A Project Development Schedule for the proposed interchange improvements is attached for reference. 0 a is Don Webb Public Works Director GP:so Attachment 0 • • (A LU LU z LU IN LLB Z C) G� LLJ Lo 0 LLI Ow n 0 0 CL w z LJJ :E LU 0 CL in Lu p V) D < 0 C) V) ul q! Ez u CL < cc IL M 0 6 N E D > 00 2 O < E c E 2 0 .5 a) C (D LLJ I . C3 C3 < w (D i E W .0 CL (D O v CL CL U) M U) 2 2 0- Lu I ad U) Ir U) (L M CL I L---- - ------- ------ - -------- - - L-J I F-7 T. ... ... T— —F- OE E- 0 a E E E E E E E - E - E E O E 0 E 0 E 0 E m 0 Lli o ui 0 V) c z W E M cr I n. = < w < 0 < 0 C c .2 v > E a. I W I 0 -i D >0 > , > o .0 1 p 0 > o > > > > LU w < 0 > m I < W v M > LU c v 0 c (5 c c < c c < c < m c M c 76 0 -5 m (? M W > > > ( L) (L CL fr a IL (1) C� (L m Fr < 0 (L i C) N E D > 00 2 O < E c E 2 0 .5 a) C (D LLJ I . C3 C3 < w (D i E W .0 CL (D O v CL CL U) M U) 2 2 0- Lu I ad U) Ir U) (L M CL 0 0 AMENDMENT NO. 1 TO CONSULTANT AGREEMENT GEOTECHNICAL ENGINEERING SERVICES FOR PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS. THIS AMENDMENT NO. 1 to Consultant Agreement, made and entered into this 29th day of April, 1996, by and between the City of Newport Beach, (hereinafter referred to as "CITY ") and Law /Crandall, Inc., whose address is 200 Citadel Drive, Los Angeles, CA 90040 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On June 14, 1995, 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. 1997. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of AGREEMENT is extended from April 30, 1996, to June 30, 2. The scope of services to be performed by CONSULTANT is expanded as set forth in CONSULTANT's letter dated April 24, 1996, which is attached hereto as Exhibit "A" and is incorporated herein by reference. 3. Compensation to be paid to CONSULTANT for such additional scope of services as set forth in attached Exhibit "A" is $5,500.00 thereby increasing the not -to- exceed compensation amount from $60,000.00 to $65,500.00. 0 0 4. Except as expressly modified herein, all other provisions, terms, and f covenants set forth in AGREEMENT shall remain the same and shall continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to Consultant Agreement on the date first above written. CITY OF NEWPORT BEACH, a municipal ation BY: Public Works Director APPROVED AS TO FORM: Ity Attorney CONSULTANT BY: 0) � I' I 9Lr LAW /GRAN ALL, INC. 2 EXHIBIT "A" LAW /CRANDALLZIVC. ENGINEERING AND ENVIRONMENTAL SERVICES April 24, 1996 Mr. Gail P. Pickart, P.E. Project Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -8064 Subject: Increase in Scope of Services Proposed SRIISR55 Interchange Newport Beach, California City of Newport Beach Purchase Order No. 15361 Law /Crandall Project No. 70131.50362.0001 Dear Mr. Pickart: This letter presents our request for additional fees associated the preparation of a Materials Report for the project and supersedes our letter dated November 17, 1995. We performed a geotechnical investigation and an environmental site assessment for the project and submitted the results of our studies in our reports dated September 14 and October 18, 1995. Additionally, Caltrans required a Materials Report be prepared for the project which was not a part of our scope of services outlined in our agreement dated June 14, 1995. Accordingly, we request that our budget for geotechnical and environmental services be increased by $4,000 for the cost of preparing the draft and final Materials Reports. To meet the project schedule, we prepared the draft Materials Report dated November 13, 1995 and submitted it to Caltrans. Upon their review, we met with you and Caltrans engineers to discuss their comments. Upon your authorization, we are prepared to final the Materials Report for the project. Additionally, we suggest an initial budget of $1,500 be established for our attendance at project meetings and supplemental consultation services for the project; this may be subject to increase depending on future requirements. Based on the additional scope items mentioned above, the requested fees would increase the total project budget for our services from $60,000 to .565,500. Please indicate acceptance of the increase in our fees for our services by an amendment to the original Purchase Order 15361. We will continue to work under the terms and conditions of our Jame 14, 1995 agreement. We look forward to continue working with you on this project. Please call if you have any questions. Sincerely, LAW /CRANDALL, INC. /J. Ke p Senior Engineer enggeo \95- proj \0362LO2.DOCVJK: (3 copies submitted) Paul Elliott Principal Geologist 200 CITADEL DRIVE • LOS ANGELES, CA 90040 (213) 889 -5300 • FAX (213) 721 -6700 ONE OF THE LAW COMPANIES CONSULTANT AGREEMENT Geotechnical Engineering Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Improvements THIS AGREEMENT, entered into this& day of 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LAW /CRANDALL, INC., whose address is 200 Citadel Drive, Los Angeles, CA 90040 (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 has identified improvements to the Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures as a project resulting in substantial public benefit and has identified funding sources to pay for the cost of the improvements. C. CITY and CONSULTANT entered into an agreement dated March 2, 1995, for geotechnical engineering services to support the preparation of the Project Study Report (the "PSR ") for the interchange improvements. D. CITY has entered into an agreement with IWA Engineers to prepare a Project Report (the "PR ") which is the next step in the Caltrans project development process for the interchange improvements. E. Additional geotechnical engineering and environmental site investigation services are required in order to support the PR preparation as well as to provide the geotechnical criteria for preparation of the project's final design (plans, specifications, and estimates). F. CONSULTANT has submitted the attached scope of services dated May 16, 1995, to provide such additional geotechnical engineering and environmental site investigation services. 16, 1995. G. CITY desires to accept CONSULTANT's Scope of services dated May NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: LJ SECTION 1. TERM 0 The term of this Agreement shall commence on May 1, 1995, and shall terminate on April 30, 1996, unless terminated earlier as set forth herein. RqRROI • •:u 14 • = •� _� CONSULTANT shall complete all services and work as outlined in the Scope of Services attached hereto and identified as Exhibit "A ". 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. The maximum fee shall not exceed $58,000.00 plus a budget allowance of $2,000.00 to cover the direct cost of reimbursibles such as blueprints, photocopies, etc. InERNEWITITR0 •Z•7Ta� 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. • �• 0• 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. 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 to the extent arising from CONSULTANT's negligent performance of services or negligent work conducted or performed pursuant to this Agreement, except to the extent that such claims arise out of the sole negligence or willful misconduct of the CITY. K 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 a 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 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 certified to do business in the State of California with original endorsements and, with the exception of professional liability, copies of policies, if requested by CITY, of the following insurance with carriers having a Best's rating of Class B or better: 1. Workers' 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 be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or materially 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. 3 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 With the exception of workers' compensation and professional liability insurance, 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. 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 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. 4 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 upon receipt of payment for services to CONSULTANT. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any re -use of such documents for other projects or other purposes, 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 may retain confidential file copies of said documents. CONSULTANT shall, at such reasonable time and in such reasonable 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. 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 regular business hours 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 at regular business hours and at the place where such records are normally kept. Such records, together with supporting documents, shall be kept separate from 5 • 0 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: Steve Badum, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Law /Crandall Inc. 200 Citadel Drive Los Angeles, CA 90040 Attention: Barry Meyer (213) 889 -5300 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 a pro -rated percentage of work completed under this agreement as per the fee schedule contained above, subject to any maximum amount to be received for any specific service. 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 M 0 0 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. INTEGRATED CONTRACT This Agreement together with the attached supplemental terms and conditions between CITY and CONSULTANT 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. 7 �J 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: � t Ci Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: \J)-, J MAYOR CONSULTANT BY: V ✓G-' LAW/CRANDALL, INC. G SUPPLEM&A TERMS AND CONDITIONS BE WEN CITY (NEWPORT BEACH) AND CONSULTANT (LAW /CRANDALL) 1. SITE OPERATIONS. CITY will arrange for right -of -entry to the property for the purpose of performing project management, studies, tests and evaluations pursuant to the agreed services. CITY represents that it possesses necessary permits and licenses required for its activities at the site. CONSULTANTs field personnel are trained to initiate field testing, drilling and/or sampling within a reasonable distance of each designated location. CONSULTANT's field personnel will avoid hazards or utilities which are visible to them at the site. If CONSULTANT is advised in writing of the presence or potential presence of underground or overground obstructions, such as utilities, we will give special instructions to our field personnel. CONSULTANT is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by CITY or third parties, except to the extent such damage or loss is a result of CONSULTANTS negligence. 2. FIELD REPRESENTATIVE. The presence of CONSULTANT's or its subcontractor's field personnel, either full -time or part-time, may be for the purpose of providing project administration, assessment, observation and /or field testing of specific aspects of the project as authorized by CITY. Should a contractor(s) not retained by CONSULTANT be involved in the project, CITY will advise such contractor(s) that CONSULTANT's services do not include supervision or direction of the means, methods or actual work of the contractor(s), his employees or agents. CITY will also inform contractor that the presence of CONSULTANT's field representative for project administration, assessment, observation or testing will not relieve the contractor of its responsibilities for performing the work in accordance with the plans and specifications. If a contractor (not a subcontractor of CONSULTANT) is involved in the project, CITY agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working conditions on the job site, including security and safety of all persons and property during performance of the work, and compliance with all CITY safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that CONSULTANT will not be responsible for job or site safety or security on the project, other than for CONSULTANT's employees and subcontractors, and that CONSULTANT does not have the duty or right to stop the work of the contractor. 3. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining drilling samples and other specimens are disposed of 30 days after submission of CONSULTANT's report. a. NON- HAZARDOUS SAMPLES. At CITY's written request, CONSULTANT will retain preservable test specimens or the residue therefrom for 30 days after submission of our report free of storage charges. After the initial 30 days and upon CITY's written request, CONSULTANT will use its best efforts to retain test specimens or samples but only for a mutually ALLHMWEWP RT1013095.STC 1 acceptable storage charge A period of time. CITY agreestat CONSULTANT is not responsible or liable for any loss of test specimens or samples retained in storage. b. ' HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that test samples contain toxic or hazardous constituents as defined by applicable law, upon completion of any testing and temporary storage by CONSULTANT and per CITY's stated preference, CONSULTANT will: 1) return such samples to CITY for proper disposal; 2) using a manifest signed by CITY as generator and at additional cost, have such samples transported to a location selected by CITY for proper final disposal; or 3) at an additional charge per sample, dispose of such samples at a properly licensed disposal facility. CITY agrees to pay all costs associated with the storage, transport, and disposal of such samples. CITY recognizes and agrees that CONSULTANT is acting as a bailee and at no time assumes title to said materials. 4. WASTE DISPOSAL. If CITY requests CONSULTANT to containerize drilling wastes and /or fluids produced by CONSULTANT's activity ( "Wastes "), CITY will provide a secure temporary storage location at or near the project site to prevent tampering with such containerized Wastes. Non - hazardous Wastes will be disposed of by CONSULTANT for an additional charge at an appropriately licensed facility. Any hazardous Wastes will be disposed of under manifest executed by CITY at any properly licensed facility selected by CITY with CONSULTANT's assistance. At no time will CONSULTANT take title to such hazardous Wastes. S. ' ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents and to the maximum extent permitted by law, for separate and valuable consideration of $1.00, CITY agrees to defend, hold harmless and indemnify CONSULTANT from and against any and all claims, liabilities, or judgements, except to the extent finally determined as being caused by CONSULTANTs negligence or willful misconduct, resulting from: a. Toxic or hazardous substances or constituents introduced at the site by CITY or third persons before, during or after the completion of CONSULTANTS services; b. Allegations that CONSULTANT is a handler, generator, operator, treater, storer, transporter, or disposer unless expressly retained by CITY for such services under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation or law due to the CONSULTANTS services; or, C. Any third party suit or claim for damages against CONSULTANT alleging strict liability, personal injury (including death) or property damage from exposure to or release of toxic or hazardous substances or constituents at or from the project site before, during or after completion of CONSULTANTS services under this Agreement. ' Applies only if toxic or hazardous substances or constituents are anticipated or encountered. END OF DOCUMENT kV HMWEWPORM13085.STC 2 LAW /CRANDALL,WC. ~� ENGINEERING AND ENVIRONMENTAL SERVICES May 16, 1995 Mr. Gail P. Pickart, P.E. Project Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -8064 Subject: Scope of Services for Additional Geotechnical Services and Preliminary Site Investigation Newport Boulevard /Pacific Coast Highway Bridge and Newport Channel Bridge Project Newport Beach, California Law /Crandall Project No. 2661.50047.0001 Dear Mr. Pickart: EXHIBIT A As requested by you, this letter supersedes our letter dated May 2, 1995 and presents our recommended scope of services to perform additional geotechnical services and a Preliminary Site Investigation (PSI) for the proposed Newport Boulevard at Pacific Coast Highway Interchange (SRI /SR55) Bridge and the proposed widening of the Newport Beach Channel Bridge. Mr. Pickart of the City of Newport Beach and Ms. Marie Marston of IWA Engineers have furnished us with information and plans for the project, and we have visited the site and observed the existing conditions. We are currently providing geotechnical engineering services in accordance with our consultant agreement dated March 2, 1995. Under this agreement we were authorized to perform the following services for the Project Study Report for the proposed SRI /SR55 bridge: Task 1 • Initial Site Assessment (ISA) • Geotechnical Literature Review • Preliminary Foundation Design Memorandum • Retaining Wall Type Selection Memorandum Task 2 • Geotechnical Field and Laboratory Investigation Program • Preliminary Engineering and Geologic Analyses and Consultation Task I was completed with the submittal of our ISA report dated February 15, 1995 and Design Memorandums I and II, both dated February 17, 1995. The preliminary consultation portion of Task 2 has been initiated but the geotechnical field and laboratory investigation program has been 200 CITADEL DRIVE • LOS ANGELES, CA 90040 (213) 8895300 • FAX (213) 721-6700 ONE OF THE LAW<OMPANiES City of Newport Beach —Scope larvices for • May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 placed on hold until further notice. Comprehensive engineering and geologic analyses for the project was beyond the scope of services authorized in our March 2, 1995 agreement. The purpose of this letter is to outline the additional geotechnical services and the PSI required to complete the engineering and geologic analyses for the proposed SRl /SR55 bridge and the Newport Channel Bridge widening. Additionally, you have requested us to modify our exploration program for the SRI /SR55 interchange and perform a complete geotechnical investigation for the widening of the west side of the Newport Channel Bridge. Caltrans was responsible for widening the east side of the bridge around 1989; Logs of Test Borings and a Caltrans foundation recommendation memorandum for the 1989 widening were provided by Mr. Pickart and Mr. William C. Cain of Caltrans. This letter includes a description of the proposed project, our scope of services, a schedule, and a fee estimate and has been tailored to meet the needs of the project and fulfill your requirements. However, should the outlined services. not meet your expectations of the assignment, we would appreciate the opportunity to discuss your concerns and make adjustments as necessary. PROJECT DESCRIPTION The proposed project includes the phased demolition and reconstruction of the Newport Boulevard /Pacific Coast Highway (SRI /SR55) bridge and the widening of the west side of the Newport Channel Bridge. The SRI /SR55 bridge will be demolished and constructed in phases such that traffic may cross the bridge during the construction period. The bridge is anticipated to be a single span reinforced concrete structure. The approach slabs are planned to be supported on grade. The west side of the Newport Channel Bridge is planned to be widened. The existing bridge consists of 5 spans and is supported on 406mm'(16 -inch) square precast concrete piles. The east side of the bridge was widened around 1989. A retaining wall that was previously proposed adjacent to Old Newport Boulevard and the northbound side of SR55 just north of PCH has been removed from the project. SCOPE OF SERVICES We propose to perform additional subsurface explorations, laboratory testing, and engineering analyses to provide recommendations for design of foundations and walls below grade, for pavement support, and for earthwork. Additionally, we have been requested to perform a Preliminary Site Investigation. Our supplemental services will consist of the following main tasks: • Task 3: Supplemental Geotechnical Investigation • Task 4: Geologic- Seismic Hazards Study • Task 5: Engineering Analyses and Report Preparation • Task 6: Preliminary Site Investigation 2 City of Newport Beach— Scopeervices for • May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 A more complete description of the methodology to perform the required tasks is presented in the following sections. TASK 3: SUPPLEMENTAL GEOTECBMCAL INVESTIGATION Supplemental Subsurface Explorations The supplemental subsurface explorations will be performed in conjunction with the geotechnical field investigation program outlined in Task 2 of our February 2, 1995 Scope of Services letter. As requested, we will explore the south west comer of the SRI /SR55 bridge site by drilling one additional boring; we will also drill two additional borings for the Newport Channel Bridge widening as summarized in the table below. Additionally, the three 4.5 meter borings for the previously planned retaining wall that were authorized in our March 2 agreement have been removed from the exploration program. The reduction in fees associated with the discontinuing of the three borings has been incorporated into fees presented for the supplemental explorations outlined in this letter. The borings will be drilled under the observation of our field technician, who will log the subsurface conditions encountered and obtain undisturbed and bulk samples for laboratory inspection and testing. We will perform standard penetration tests (SPT) in the borings. Prior to the start of our exploration program, we will conduct a field reconnaissance to further observe site conditions and mark the locations of our planned explorations. As required by the state of California, we will also notify Underground Service Alert of the locations of our planned explorations prior to drilling. Permits will be required from Caltrans and the Orange County Summary of Explorations Number of Depth of Exploration Equipment Location Explorations Explorations (meters) South west corner of 1 18 Rotary Wash SRI /SASS Bridge North west comer Limited Access/ of Newport Channel 1 12 Hollow -stem auger Bridge South west comer Limited Access/ of Newport Channel 1 12 Hollow -stem auger Bridge Prior to the start of our exploration program, we will conduct a field reconnaissance to further observe site conditions and mark the locations of our planned explorations. As required by the state of California, we will also notify Underground Service Alert of the locations of our planned explorations prior to drilling. Permits will be required from Caltrans and the Orange County City of Newport Beach —Scope *rvices for • May 16, 1995 Additional Ceotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 Department of Health Services. The locations of the proposed borings discussed in this letter and our February 2, 1995 Scope of Services letter are presented on the enclosed plot plan. The soil cuttings and drilling mud from the borings will be placed in barrels and left at the site pending the results of chemical analyses. If the analyses indicate that the soils are not contaminated, the barrels and cuttings can be disposed of normally. If the analyses indicate that the soils are contaminated, we can advise you of what special procedures will be required to dispose of the mud and soil cuttings. We will conduct all drilling and sampling in general accordance with the applicable ASTM standards. At the completion of the drilling, we will transport all samples to our laboratory where they will be examined by an engineer and visually classified according to the Unified Soil Classification System. We will monitor the samples with an organic vapor analyzer (OVA) for the presence of hydrocarbons. We will not be sampling any of the soils or any of the water that may be encountered during the explorations for environmental testing. If the soil samples obtained or the OVA readings indicate that environmental sampling and testing of the soils and /or ground water is warranted, we will immediately notify you of our findings and will develop recommendations for a sampling and testing program. The health and safety of our personnel require that we be aware of any environmental contamination present on the property. Accordingly, we need to be provided with any reports on the presence of such contaminants. If evidence of such materials is encountered during the course of our investigation, we must stop our investigation and contact you to determine the appropriate course of action. Delays and increased costs caused by such actions are not within the scope of our investigation. Laboratory Testing Our project engineer will select samples for laboratory testing to determine the pertinent static physical characteristics of the soils. The data obtained will be used in the necessary engineering analyses. The laboratory tests will include: • In -place moisture content and dry density determination tests for each undisturbed sample; • Atterberg limits tests for plasticity determination and soil classification; • Sieve analyses for grain size distribution and soil classification; • Direct shear tests on undisturbed samples and, if appropriate, on remolded samples to determine the shear strength of the materials; • Consolidation tests to determine the compressibility of the materials; 0 City of Newport Beach —Scope *rvices for ` May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 • California Bearing Ratio (CBR) tests for use in developing paving recommendations. Corrosion Study (Newport Channel Bridge) Corrosion Studies were authorized for the SRI /SR55 Bridge as part of our March 2, 1995 agreement. For the Newport Channel Bridge widening, additional testing and analyses will be required to determine the corrosion potential of the soils and the effect of the soils on underground metal piping and portland cement concrete. This study will include sulfate tests, pH determination, laboratory resistivity tests, and corrosion design recommendations. (This service will not include corrosion protection consultation during design; if needed, we can provide such design consul- tation). TASK 4: GEOLOGIC - SEISMIC HAZARDS STUDY A geologic- seismic evaluation will be performed in general accordance with the guidelines outlined by the California Division of Mines and Geology. We will review and evaluate local and regional geologic and seismologic information, including published maps, reports, research, and earthquake records. Based on our evaluation, we will provide the following: • A description of the local and regional geologic conditions in the site 'vicinity; • A description of the geologic materials at the site; • A geologic section depicting the subsurface conditions; • Information on the current and historic ground water conditions beneath the site; • A determination of whether or not the site is in an Alquist - Priolo Earthquake Fault Zone for fault rupture hazard; • . Information on nearby active and potentially active faults; • An evaluation of the potential for fault surface rupture at the site; • An evaluation of the potential for liquefaction and seismic settlement at the site, based on ground water conditions, soil properties, and potential ground acceleration; • The site's location relative to known flood zones and dam inundation areas; • The site's location relative to the ocean or large bodies of confined water, and the anticipated effects associated with tsunamis (seismic sea waves) or seiches (oscillation waves in a body of water due to shaking or rupture), and; City of Newport Beach — Scope *ervices for May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 • An evaluation of the potential for slope instability or subsidence at the site. TASK 5: GEOTECIINICAL ENGINEERING ANALYSES AND REPORT The results of our subsurface explorations and laboratory tests will be evaluated, and engineering analyses will be performed to develop recommendations for design of foundations and walls below grade, for floor slab support, and for earthwork. We will prepare a geotechnical report summarizing the data collected and presenting our design recommendations. The report will include: • Results of the subsurface explorations.and laboratory tests outlined in our February 2, 1995 Scope of Services and in this letter, with a description of the soil and ground water conditions encountered; • Results of the Geologic- Seismic Hazards Study with appropriate mitigation measures for the identified hazards; • Recommendations for design of foundations to be used for support of the proposed SRI /SR55 Bridge and the Newport Channel Bridge Widening, including allowable increases for wind or seismic loads; • Estimated settlements for the anticipated loadings; • Recommendations regarding frictional and passive values for the resistance of lateral forces; • Recommendations for design of walls below grade and retaining walls; • Recommendations for design of shoring; • Recommendations for earthwork, including site preparation, excavation, and. the placing of any required compacted fill; • Recommendations for design of asphalt and portland cement concrete paving; • Results of the corrosion studies. The following graphics will be included in our report: • A vicinity map showing the location of the site. 3 City of Newport Beach —Scope lorvices for May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 • A plot plan showing the location of our exploratory borings, the proposed SRl /SR55 Bridge, and the Newport Channel Bridge Widening relative to adjacent streets and existing structures. • A log of each exploratory boring depicting the changes encountered in the soil strata by elevation and depth below ground surface together with a description and classification of each soil stratum. The depth to groundwater will also be indicated. • Geologic sections through the proposed SRI /SR55 and Newport Channel Bridges • Caltrans Log of Test Boring Sheets for the SRl /SR55 and Newport Channel Bridges • Plots and tables presenting the results of the laboratory tests. TASK 6: PRELIMINARY SITE INVESTIGATION (PSI) Our Initial Site Assessment (ISA) report, dated February 15, 1995, was included as a part of the draft Project Study Report (PSR) submitted to Caltrans for review. Caltrans reviewed the draft PSR and *submitted their review comments in a letter to Ms. Marie Marston dated April 6, 1995. Additionally, we spoke with Ms. Shana Manafien from the environmental engineering branch of Caltrans to clarify the scope of work requested by Caltrans for the Preliminary Site Investigation (PSI). Based on review comments by Caltrans and our recommendations in the ISA, we have prepared the scope of services for the PSI. Our scope of service for the PSI will include the following subtasks: • Pre - Assessment Meeting • File Review • Field Preparation • Soil Gas Survey • Geoprobe Borings and Soil and Groundwater Sample Collection • Laboratory Analysis • Report Preparation A more complete description of the subtasks are presented in the following sections. Pre- Assessment Meeting We will meet with City of Newport Beach and IWA to discuss, to the extent possible, the limits of construction, including the depth of excavation, for this project. This information will enable us to place our borings in the appropriate locations and at the appropriate depths to evaluate the environmental concerns present. 7 City of Newport Beach— Scope9ervices far May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.500470001 File Review We have received the records requested from the Orange County Health Care Agency (OCHCA) regarding the four properties identified in the ISA as potential concerns to the site. These include three regulatory- listed leaking underground storage tank (LUST) sites located adjacent to Pacific Coast Highway (PCH) and the former Arches Gasoline Station. We will review these files to assess the potential for hazardous materials to be encountered during site construction and the need for additional subsurface environmental assessment, if any. Field Preparation We will perform those activities necessary prior to conducting an invasive survey. These activities will include preparing a site - specific health and safety plan that will outline the health and safety procedures to be followed in the field. We will also mark the proposed soil boring locations at the site and contact Underground Services Alert (USA) prior to drilling in an effort to locate possible underground utility lines at the site. We will review as -built utility drawings of the site that are supplied to us, if available. We will obtain the necessary permits from Caltrans and other agencies, if required, to sample groundwater and to drill in the street or the sidewalk to collect soil gas samples. Soil Gas Survey We will perform a soil gas survey of the site to evaluate the methane and hydrogen sulfide gas hazards in the construction area where soils will be disturbed. The survey will be concentrated along the north segment of Pacific Coast Highway and around the SR1/SR55 bridge interchange. We will also test selected soil gas samples collected around the bridge interchange and in areas where petroleum hydrocarbon impacts are suspected for total volatile petroleum hydrocarbons (TVPH). Soil and Groundwater Sample Collection We will hydraulically advance four Geoprobe Borings, G -1 through G-4, in the existing unpaved areas of the proposed on and off ramps of the bridge interchange. Two of these borings, G -1 and G -2, coincide with locations of former 'oil and gas" stations that were identified in the ISA. The proposed geoprobe locations are shown on the enclosed plot plan. We will advance the soil borings using the hydraulically- driven Geoprobe sampling equipment to a depth of approximately 31/2 meters or to groundwater, whichever is shallower. We will collect soil samples from G -1 through G-4 at the depths specified by Caltrans at the intervals required for lead testing of soil: 0 to 0.15 meter, 0.30 to 0.45 meter, 0.60 to 0.75 meter, and 1.2 to 1.35 meter. We will additionally collect soil samples from G -1 and G -2 at depths of approximately 2.4 and 3.6 meters, to test the soil for petroleum hydrocarbon contamination. Caltrans has requested that we sample the groundwater. Therefore, we propose to collect two groundwater samples using the Geoprobe sampling equipment at locations G -1 and G -3. City of Newport Beach— Scope6ervices for - • May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.500470001 We will screen the soil samples in the field for volatile organic compounds (VOCs) using a portable organic vapor analyzer (OVA). The soil samples will be retained in clean sleeves and the groundwater samples in laboratory supplied bottles, which will be capped, labeled, and placed in a chilled ice chest until they are delivered, under appropriate. chain -of- custody documentation, to a state - certified analytical laboratory for chemical testing. The sampling equipment will be washed between sampling intervals in a non phosphate detergent and triple rinsed with tap water to reduce the potential for cross contamination. The Geoprobe hole will be backfilled with a bentonite chip backfill and the surface patched as appropriate. Laboratory Analysis Mr. Eabdell Girgis of the Caltrans hazardous materials department requested that the following protocol be used for lead testing of the soil. The sixteen soil samples collected for lead testing from G -1 through G-4 will be analyzed for total lead by EPA Method 7421. The results will be compared to the California Assessment Code Title 26 Total Threshold Limit Concentration (TTLC). The TTLC is the concentration above which materials are classified as "hazardous" according to State regulations. Those samples exceeding 50 mg /kg will additionally be tested for comparison to the Soluble Threshold Limit Concentration (STLC). One milligram per kilogram (mg /kg) is approximately equivalent to one part per million (ppm). Twenty percent of the samples exceeding the STLC of 5 mg /I (milligrams per liter) for lead will be analyzed for STLC using deionized water (minimum of 4 samples). Soil samples collected from G -1 and G -2 at depths of 1.2, 2.4, 3.6 meters will be analyzed for total recoverable petroleum hydrocarbons according to EPA Method 418.1. Since the groundwater at the site may be affected by a variety of pollutants in the region, the groundwater samples collected from G -1 and G -3 will be analyzed for volatile organic compounds (VOCs) by EPA Method 601/602, for total petroleum hydrocarbons as diesel (TPHd), and for CAM metals by EPA Methods 6000 and 7000 series. Report We will prepare a report that summarizes the work done during the PSI and presents our findings and conclusions. If indicated by the preliminary findings, recommendations for additional assessment work will be included. Our report will be prepared on behalf of and for the exclusive use of the City of Newport Beach. The scope of services does not include the preparation of a "draft" report. If the reviewing agencies request that the report be modified, a revised report could be prepared. The additional fees associated with preparing a revised report will depend on the review comments. If a revised report is requested we will prepare an estimate for the associated fees. City of Newport Beach— Scope4bervices for • May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.500470001 SCHEDULE GEOTECHNICAL INVESTIGATION For your planning purposes, we anticipate that we can begin our geotechnical subsurface explorations within two weeks of receiving written authorization to proceed. If permits can be expedited by Caltrans, the explorations could be performed sooner. The drilling of the borings is expected to take 6 days and the laboratory testing is anticipated to take two weeks. We can provide preliminary information within 4 weeks of completion of the subsurface explorations and a written report 2 weeks later. Preliminary Site Investigation We anticipate being able to begin work on the Preliminary Site Investigation portion of this project immediately upon receiving your written authorization and complete the work within 7 weeks. We estimate we can complete the pre- assessment meeting, the file review, and the field preparation within two weeks of receiving written authorization. The soil gas survey, the soil and groundwater sample collection, and laboratory testing will be performed during the following two weeks. We have budgeted the laboratory fees on a normal turn around time of five working days. A written report could be provided two to three weeks after we obtain the laboratory results. 10 City of Newport Beach— Scopeeo'ervices for May 16, 1995 Additional Geotechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 FEES The fee for our services will be based on the rates given in the Schedule of Charges attached to our March 2, 1995 Agreement. The fee for the outlined geotechnical and hazardous materials /waste investigations, including the rental and operation of the drilling equipment, will not exceed $58,000 without your approval. Permit fees are considered to be a reimbursable item. The fee may be broken down as follows: 600 Task 3: Supplemental Geotechnical Exploration 1,200 Permit Processing, Staking and Underground $500 Utility Clearance 3,800 Supplemental Subsurface Explorations 5,600 (Drilling and Sampling) 2,300 Drilling Mud Testing and Disposal of Uncontaminated 2,300 Drilling Mud and Cuttings Laboratory Testing 3,400 Corrosion Study (Newport Channel Bridge) 800 Task 3 Subtotal: $12,600 Task 4: Geologic- Seismic Hazards Study $2,500 Task 5: Engineering Analyses and Report Preparation Project Management 2,000 Attendance at Four Design Meetings 4,000 Geotechnical Engineering Analyses 14,900 Geotechnical Report Preparation 5.200 Task 5 Subtotal: $26,100 Task 6: Preliminary Site Investigation Pre - Assessment Meeting (includes travel) 600 File Review (4 sites plus agency exp.) 1,200 Field Preparation 2,500 Soil Gas Survey 3,800 Soil and Groundwater Sample Collection 3,200 Laboratory Analysis 2,300 Report Preparation 3.200 Task 6 Subtotal: $16,800 TOTAL ESTIMATED FEE 15100-0 City of Newport Beach— Scope$ervices for * May 16, 1995 Additional Georechnical Services and Preliminary Site Investigation Law /Crandall Project 2661.50047.0001 The above fee estimate will be valid for a period of 90 days from the date of this letter. The above fee estimate does not include additional services or work requested by you or your other consultants, or by the controlling public agencies during the review process. Our fee also does not include disposal of contaminated soils or hazardous materials. We will invoice monthly for the portion of work completed. AUTHORIZATION To authorize us to proceed, an amendment, authorizing the scope of services presented in this letter, could be made to our March 2, 1995 Agreement. A We look forward to working with you on this project. Please. call if you have any questions regarding the outlined investigations. Sincerely, LAW /CRANDALL, INC. Justin J. K ton Project Engineer Barry J. Meyer Chief Engineer /Project Manager 661.sc2 /cly (2 copies submitted) Enclosure: Plot Plan 12 Robin Kim, R.G. Project Geologist CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Memorandum February 8, 199S TO: CITY MANAGER CITY CLERK FROM: Shauna Oyler Public Works Department SUBJECT: AGREEMENT with Law /Crandall for Geotechnical Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Project Study Report CITY MANAGER 1. Please sign all 3 copies 2. Please forward to City Clerk CITY CLERK 1 . Please sign all 3 copies 2. Please keep original and file in Contract File No. C -2886. 3. Return the remaining two copies to Shauna Oyler. Thank you, CONSULTANT AGREEMENT 0 Geotechnical Engineering Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Project Study Report THIS AGREEMENT, entered into this � day of 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and LAW /CRANDALL, INC., whose address is 200 Citadel Drive, Los Angeles, CA 90040 (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 has identified improvements to the Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures as a project resulting in substantial public benefit and has identified funding sources to pay for the cost of the improvements. C. CITY retained IWA Engineers in March 1993 to perform Preliminary Engineering for Pacific Coast Highway /Newport Boulevard Interchange Study and Final Engineering for Pacific Coast Highway and Newport Boulevard Landscape Improvements which work products were received and filed by CITY on January 9, 1995. D. CITY is entering into an agreement with IWA Engineers for engineering services to prepare a Project Study Report (hereinafter referred to as the "PSR ") for the Pacific Coast Highway (SR1) /Newport Boulevard (SR55) Interchange Bridge Structures which is the next step in advancing the interchange improvement project. E. CITY acknowledges that IWA Engineers needs the support of other professional design disciplines, such as geotechnical engineering and environmental site assessment, in order to complete preparation of the PSR. F. CONSULTANT has submitted the attached scope of services dated February 2, 1995, to review existing geotechnical information, obtain new geotechnical data, and perform an initial site assessment all of which are necessary and integral to the PSR. G. CITY desires to accept CONSULTANT's Scope of services dated February 2, 1995. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 4 { 0 SECTION 1. TERM The term of this Agreement shall commence on January 10, 1995, and shall terminate on December 31, 1995, 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 in the Scope of Services 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 "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $29,950.00. 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. 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 to the extent arising from CONSULTANTS negligent performance of services or negligent work conducted or performed pursuant to this Agreement, except to the extent that such claims arise out of the sole negligence or willful misconduct of the CITY. SECTION T. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT 2 shall obtain and provide and maintain at its own expense during the term of this Agreement a 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 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 certified to do business in the State of California with original endorsements and, with the exception of professional liability, copies of policies, if requested by CITY, of the following insurance with carriers having a Best's rating of Class B or better: 1. Workers' 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 be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or materially 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. 3 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. FAILURE TO SECURE If CONSULTANT at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONSULTANTS name or as an agent of the CONSULTANT and shall be compensated by the CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. ADDITIONAL INSURED With the exception of workers' compensation and professional liability insurance, 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. 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 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 4 9 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 upon receipt of payment for services to CONSULTANT. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any re -use of such documents for other projects or other purposes, 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 may retain confidential file copies of said documents. CONSULTANT shall, at such reasonable time and in such reasonable 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. 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 regular business hours 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 at regular business hours and at the place where such records are normally kept. Such 6� 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: Steve Badum, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Law /Crandall Inc. 200 Citadel Drive Los Angeles, CA 90040 Attention: Barry Meyer (213) 889 -5300 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 a pro -rated percentage of work completed under this agreement as per the fee schedule contained above, subject to any maximum amount to be received for any specific service. 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 R 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 together with the attached supplemental terms and conditions between CITY and CONSULTANT 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. AS TO FORM: Attorney ATTEST: . .' i �Li CITY OF NEWPORT BEACH, a municipal corporation ��!/�1�.,_._.. CONSULTANT BY: ( 1` l 9 &5 / CONS L ANT I L�,,�) C�ra,-AR SUPPLEMENTAL TERMS AND CONDITIONS BETWEEN CITY (NEWPORT BEACH) AND CONSULTANT (LAW /CRANDALL) 1. SITE OPERATIONS. CITY will arrange for right -of -entry to the property for the purpose of performing project management, studies, tests and evaluations pursuant to the agreed services. CITY represents that it possesses necessary permits and licenses required for its activities at the site. CONSULTANT's field personnel are trained to initiate field testing, drilling and/or sampling within a reasonable distance of each designated location. CONSULTANT's field personnel will avoid hazards or utilities which are visible to them at the site. If CONSULTANT is advised in writing of the presence or potential presence of underground or overground obstructions, such as utilities, we will give special instructions to our field personnel. CONSULTANT is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by CITY or third parties, except to the extent such damage or loss is a result of CONSULTANTS negligence. 2. FIELD REPRESENTATIVE. The presence of CONSULTANT's or its subcontractors field personnel, either full -time or part-time, may be for the purpose of providing project administration, assessment, observation and /or field testing of specific aspects of the project as authorized by CITY. Should a contractor(s) not retained by CONSULTANT be involved in the project, CITY will advise such contractor(s) that CONSULTANT's services do not include supervision or direction of the means, methods or actual work of the contractor(s), his employees or agents. CITY will also inform contractor that the presence of CONSULTANTS field representative for project administration, assessment, observation or testing will not relieve the contractor of its responsibilities for performing the work in accordance with the plans and specifications. If a contractor (not a subcontractor of CONSULTANT) is involved in the project, CITY agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working conditions on the job site, including security and safety of all persons and property during performance of the work, and compliance with all CITY safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that CONSULTANT will not be responsible for job or site safety or security on the project, other than for CONSULTANTS. employees and subcontractors, and that CONSULTANT does not have the duty or right to stop the work of the contractor. 3. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining drilling samples and other specimens are disposed of 30 days after submission of CONSULTANT's report. a. NON - HAZARDOUS SAMPLES. At CITY's written request, CONSULTANT will retain preservable test specimens or the residue therefrom for 30 days after submission of our report free of storage charges. After the initial 30 days and upon CITY's written request, CONSULTANT will use its best efforts to retain test specimens or samples but only for a mutually A:LLHWNEW PORT1013085.STC 1 acceptable storage charge and period of time. CITY agrees that CONSULTANT is not responsible or liable for any loss of test specimens or samples retained in storage. b. * HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that test samples contain toxic or hazardous constituents as defined by applicable law, upon completion of any testing and temporary storage by CONSULTANT and per CITY's stated preference, CONSULTANT will: 1) return such samples to CITY for proper disposal; 2) using a manifest signed by CITY as generator and at additional cost, have such samples transported to a location selected by CITY for proper final disposal; or 3) at an additional charge per sample, dispose of such samples at a properly licensed disposal facility. CITY agrees to pay all costs associated with the storage, transport, and disposal of such samples. CITY recognizes and agrees that CONSULTANT is acting as a bailee and at no time assumes title to said materials. 4. WASTE DISPOSAL. If CITY requests CONSULTANT to containerize drilling wastes and /or fluids produced by CONSULTANT's activity ( "Wastes "), CITY will provide a secure temporary storage location at or near the project site to prevent tampering with such containerized Wastes. Non - hazardous Wastes will be disposed of by CONSULTANT for an additional charge at an appropriately licensed facility. Any hazardous Wastes will be disposed of under manifest executed by CITY at any properly licensed facility selected by CITY with CONSULTANTS assistance. At no time will CONSULTANT take title to such hazardous Wastes. 5. * ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents and to the maximum extent permitted by law, for separate and valuable consideration of $1.00, CITY agrees to defend, hold harmless and indemnify CONSULTANT from and against any and all claims, liabilities, or judgements, except to the extent finally determined as being caused by CONSULTANT's negligence or willful misconduct, resulting from: a. Toxic or hazardous substances or constituents introduced at the site by CITY or third persons before, during or after the completion of CONSULTANT's services; b. Allegations that CONSULTANT is a handler, generator, operator, treater, storer, transporter, or disposer unless expressly retained by CITY for such services under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation or law due to the CONSULTANT's services; or, C. Any third party suit or claim for damages against CONSULTANT alleging strict liability, personal injury (including death) or property damage from exposure to or release of toxic or hazardous substances or constituents at or from the project site before, during or after completion of CONSULTANTS services under this Agreement. * Applies only if toxic or hazardous substances or constituents are anticipated or encountered. END OF DOCUMENT k%HMW EWPCRTT013085.STC 2 Exhibit A Attachment to Consultant Agreement Geotechnical Engineering Services for Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Law /Crandall Job No. 2661.50047.0001 Scope of Services Task 1 Task 1 will consist of the following main subtasks and are discussed in more detail in the following sections: • Initial Site Assessment (ISA) • Geotechnical Literature Review • Preliminary Foundation Design Memorandum • Retaining Wall Type Selection Memorandum Initial Site Assessment (ISA) The purpose of our Initial Site Assessment (ISA) will be to assess the potential for existing soil or groundwater contamination at the site resulting from past or present activities. We will perform a non - invasive survey to identify obvious sources of contamination (actual and potential) from hazardous wastes and constituents from both on- and off -site activities. The following sections describe the general scope of our proposed services. Geology/Hydro eog logy We will review selected available references regarding the local geology and hydrogeology to assist in assessing potential pathways of contaminant migration. We will rely on such sources as United States Geological Survey topographic maps, groundwater reports, soils surveys, and geologic reports. Site and Area Reconnaissance A Law /Crandall geologist experienced in similar assessments will conduct a site reconnaissance of readily - accessible areas. The objective of this reconnaissance will be to identify obvious, actual, and suspected sources of contamination at the site that could become environmental liabilities. We will look for signs of disturbances, stained soil, stressed vegetation, and other similar, obvious surficial evidence of potential contamination. The purpose of this work is not to determine the presence, degree, or extent of contamination at the site. This would require additional assessment including sampling and analysis. During the site reconnaissance, we will look for fluid - containing major electrical devices (e.g., transformers or capacitor banks) likely to contain polychlorinated biphenyls (PCBs). The PCB status of these devices will be noted based on labeling, and we will make note of the general conditions of these devices, including evidence of leakage. We will not assess minor suspect PCB items such as fluorescent light fixtures or dry transformers, or sample or test dielectric fluids. During the site reconnaissance, we will also look for evidence of aboveground storage tanks (ASTs) and underground storage tanks (USTs) such as vent pipes, fill pipes, fuel dispensers, and other obvious evidence of ASTs and USTs. City of Newport Beach *H /SR55 Interchange • February 2, 1995 Page 2 We will also conduct an area reconnaissance to assist in assessing if adjacent or nearby land uses may have contaminated the site. The area reconnaissance will be conducted by touring the area by automobile and viewing particular businesses from public rights -of -way. Off -site properties will not be entered. Historical Review We will consult selected references to infer past land uses on or near the site that might have contributed to soil or groundwater contamination at the site. We usually use the following types of references and information (depending on availability): • Aerial photographs • City directories —' • Sanborn fire insurance maps • Building permits • Interviews with property management • Information you provide • Oil well maps, groundwater maps, and water well data The period of concern will be from the present, back to the site's first developed use (e.g., residential, commercial, or industrial), or back to 1940, whichever is earlier. Regulatory Status Review We will review excerpts of federal and state environmental regulatory agency lists for records regarding possible hazardous waste generation, transportation, treatment, storage, disposal, and release at the site or in the vicinity that may potentially threaten the site. Our scope of services does not include interviews with regulatory agency personnel or a review of agency records. The list excerpts we review usually include: U. S. Environmental Protection Agency (EPA) Lists • National Priorities List (NPL) of uncontrolled or abandoned hazardous waste sites identified for priority remediation under the Superfund program, for listed facilities within 1 mile of the site. Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) list of facilities investigated for possible inclusion in the Superfund program, for listed facilities within 1/x mile of the site. • Resource Conservation and Recovery Act (RCRA) treatment, storage, and disposal list of facilities that treat, store, or dispose of hazardous waste within 1 mile of the site. • RCRA generators list of facilities that generate hazardous waste for facilities on or adjacent to the site. City of Newport Beach H /SR55 Interchange __ • February 2, 1995 Page 3 • Emergency Response Notification System (ERNS) list of facilities with reported releases of oil and hazardous substances for facilities on the site only. California State and Regional Lists • The Annual Work Plan (AWP) of the Hazardous Substances Cleanup Bond Expenditure Plan (State Superfund) facilities designated for remediation using EPA, state, or responsible -party funds, for facilities within 1 mile of the site. • Hazardous Waste and Substance Site (Cortese) list of facilities with known or potential hazardous waste or substance releases, for facilities within 1/a mile of the site. • Leaking Underground Storage Tank (LUST) list of USTs with known releases, for facilities within 1/s mile of the site. • Solid Waste Assessment Test (SWAT) list of facilities where greater than 50,000 cubic yards of waste have been disposed, for facilities within 1/2 mile of the site. • Solid Waste Information System (SWIS) inventory of active and inactive landfills and transfer stations, for facilities within % mile of the site. • Toxic Pit Cleanup (TPC) Act list of surface impoundments, pits, lagoons, and ponds that have received hazardous wastes, for facilities within 1 mile of the site. • Underground Storage Tank (UST) database of USTs registered with the state between 1984 and 1987, for facilities on or adjacent to the site. Report We will submit a final report that summarizes the work done during our assessment and presents our findings and conclusions. If indicated by the preliminary findings, recommendations for additional assessment work will be included. Our report will be prepared on behalf of and for the exclusive use of the City of Newport Beach and those parties you authorize that affirmatively agree to the terms and conditions of this contract. City of Newport Beach *H /SR55 Interchange . February 2, 1995 Page 4 Geotechnical Literature Review We will review available geotechnical data to characterize the anticipated soil and ground water conditions at the site. We will review data from the following sources: • Previous Law /Crandall investigations near the site. • Previous investigation reports by others provided to us by the City of Newport Beach. • Previous investigations by Caltrans Preliminary Foundation Design Memorandum Based on our literature review of existing geotechnical data, we will prepare a preliminary foundation design memorandum. The memorandum will be addressed to W. Koo & Associates and copies will be sent to IWA and the City of Newport Beach. The design memorandum will provide the following: • Anticipated foundation type(s) for the bridge and retaining wall structures and associated preliminary design recommendations, • Preliminary evaluation of geologic seismic hazards (including liquefaction) that may influence design, Retaining Wall Type Selection Memorandum The retaining wall along the northeast side of the alignment is planned to be a near - vertical and planted with vegetation to have a natural appearance. We will review different wall types and present feasible design alternatives in a wall type selection memorandum. The memorandum will be addressed to IWA and copies will be sent to W. Koo & Associates and the City of Newport Beach. City of Newport Beach *H /SR55 Interchange • February 2, 1995 Page 5 Task 2 Task 2 will consist of the following main subtasks and are discussed in more detail in the following sections: • Geotechnical Field and Laboratory Investigation Program • Preliminary Engineering and Geologic Analyses and Consultation Geotechnical Field and Laboratory Investigation Program In order to obtain the required geotechnical data to develop design recommendations for the Project Report (PR) and Plans, Specifications, & Estimates (PS &E) we recommend that the field and laboratory investigation outlined below be performed. This program will consist of the following main tasks: • Subsurface explorations to determine the nature and stratigraphy of the subsurface soils, and to obtain undisturbed and bulk samples for laboratory observation and testing; Laboratory testing bf soil samples for determination of the static physical soil properties, and; • Corrosion studies to determine the presence of potentially corrosive soils A more complete description of the methodology to perform the required tasks is presented in the following sections. Subsurface Exnlorations Prior to the start of our exploration program, we will conduct a field reconnaissance to further observe site conditions and mark the locations of our planned explorations. Permits will be required from Caltrans, the Orange County Department of Health Services, and possibly, the City of Newport Beach. The Caltrans permitting process generally takes about 4 to 8 weeks. The other agencies have shorter response times. As required by the state of California, we will also notify Underground Service Alert of the locations of our planned explorations prior to drilling. We propose to explore the site by drilling 3 borings to a depth of about 60 feet and 3 borings to a depth of about 15 feet below the existing grade using rotary wash -type drilling equipment. The borings will be drilled under the observation of our field technician, who will log the subsurface conditions encountered and obtain undisturbed samples for laboratory inspection and testing. We will perform standard penetration tests (SPT) in several of the borings. We will also obtain bulk samples of the upper soils. The soil cuttings and drilling mud from the borings will be placed in barrels and left at the site pending the results of chemical analyses. If the analyses indicate that the soils are not contaminated, the barrels and cuttings can be disposed of normally. If the analyses indicate that City of Newport Beach W_ H /SR55 Interchange • February 2, 1995 Page 6 the soils are contaminated, we can advise you of what special procedures will be required to dispose of the mud and soil cuttings. At the completion of the drilling, we will transport all samples to our laboratory where they will be examined by our project engineer and visually classified according to the Unified Soil Classification System. We will conduct all drilling and sampling in general accordance with the applicable ASTM standards. At the completion of the drilling, we will transport all samples to our laboratory where they will be examined by an engineer and visually classified according to the Unified Soil Classification System. We will monitor the samples with an organic vapor analyzer (OVA) for the presence of hydrocarbons. We will not be sampling the soils or water that may be encountered during the explorations for environmental testing. If elevated OVA readings occur indicating that environmental sampling and testing of the soils and /or ground water is warranted, we will immediately notify you of our findings and will develop recommendations for an environmental sampling and testing program. The health and safety of our personnel require that we be aware of any environmental contamination present on the property. Accordingly, we need to be provided with any reports on the presence of such contaminants. If evidence of such materials is encountered during the course of our investigation, we must stop our investigation and contact you to determine the appropriate course of action. Delays and increased costs caused by such actions are not within the scope of our investigation. Laboratory Testing Our project engineer will select samples for laboratory testing to determine the pertinent static physical characteristics of the soils. The data obtained will be used in the necessary engineering analyses. The laboratory tests will include: • In -place moisture content and dry density determination tests for each undisturbed sample; • Atterberg Limits tests for plasticity determination and soil classification; • Sieve analyses for grain size distribution and soil classification; • Direct shear tests on undisturbed samples and, if appropriate, on remolded samples to determine the shear strength of the materials; • Consolidation tests to determine the compressibility of the materials; • Compaction tests for use in preparing earthwork recommendations; City of Newport Beach OH /SR55 Interchange • February 2, 1995 Page 7 • California Bearing Ratio (CBR) tests for use in developing paving recommendations. We will determine the corrosion potential of the on -site soils and the effect of the soils on underground metal piping and portland cement concrete. This study will include sulfate tests, Ph determination, laboratory resistivity tests, and corrosion design recommendations. (This service will not include corrosion protection consultation during design; if needed, we can provide such design consultation). Preliminary Engineering and Geologic Analyses and Consultation We will perform preliminary engineering analyses of the data generated during the field and _ laboratory investigation program we will perform a preliminary geologic- seismic hazards study to identify pertinent design considerations that may be required to be addressed in the future. A memorandum summarizing the data and analyses will be prepared and submitted to the City of Newport Beach. A written formal report presenting the data, analyses, and design recommendations will not be prepared at this time. A written geotechnical report will be required at a later date for the Project Report (PR) and Plans, Specifications & Estimates (PS &E) submittal to Caltrans. City of Newport Beach *H /SASS Interchange February 2, 1995 Page 8 F The fee for our services will be based on the rates given in the attached Schedule of Charges. The fee for the Tasks 1 and 2, including the rental and operation of the drilling equipment will not exceed $30,000 without your approval. The fee for Tasks 1 and 2 may be broken down as presented below. Task 1 Initial Site Assessment $4,000 Literature Review 1,000 Preliminary Foundation Design Memorandum 1,800 Wall Type Selection Memorandum 1,500 Project Management Task 1 500 Task 1 Subtotal $8,800 Task 2 Subsurface Exploration Program Permitting Process, Staking and Underground Utility Check $1,100 Drilling & Sampling 8,400 Testing and Disposal of Uncontaminated Drilling Mud and Cuttings" 3,500 Laboratory Testing 4,300 Corrosion Studies 1,000 Preliminary Engineering and Geologic Analyses and Consultation 2,000 Project Management Task 2 500 Task 2 Subtotal $20,800 TOTAL (Tasks 1 and 2) $29,600 This cost item includes the estimated time required by our staff in obtaining the required permits. Permit fees are reimbursable items not included in this estimate. This cost item includes disposal of uncontaminated drilling mud. If the testing of the drilling mud indicates that the mud is contaminated, additional fees will be required to dispose of the drilling mud. The above fee estimate will be valid for a period of 90 days from the date of this proposal. The above fee estimate does not include additional services or work requested by you or your other consultants, or by the controlling public agencies during the review process. Our fee also does not include disposal of contaminated soils or hazardous [materials. We will invoice monthly for the portion of work completed. LAW /CRANDALLOKC. -� ENGINEERING AND ENVIRONMENTAL SERVICES SCHEDULE OF CHARGES FOR GEOTECHNICAL SERVICES The fee for our services will be based on the charges listed below. All fee quotations are applicable for a period of 90 days from the date of the proposal to which this schedule is attached. We reserve the right to modify these rates upon 30 days advance notice. PERSONNEL HOURLY RATE Staff Professional/Technical Writer ........... $ 80 Senior Technical Writer .................. $105 Project Professional ..................... $ 98 Word Processor ....................... $ 55 Senior Professional ..................... $118 Draftsperson ......................... $ 55 Principal Professional .................... $135 CADD Operator ....................... $ 70 Chief Engineer /Scientist .................. $155 Laboratory Technician ................... $ 57 Senior Consultant ...................... $180 Field Assistant ........................ $ 50 Corporate Consultant .................... $ 210 Field Technician ....................... $ 78 Senior Laboratory/Senior Field Technician ....... $ 87 These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight hours will be charged in any day. A premium charge, if required in the interest of the project, may be charged at the above rates for professional personnel and at 1.5 times the above rates for other personnel. The premium charge may apply to time in excess of eight hours per weekday and all time on Saturdays, Sundays, and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of four hours per weekday may be made for field personnel. Field services that will require specially trained personnel, because of the presence of hazardous material, as defined by the Hazardous Waste Operations and Emergency Response Act, 29 CFR 1910.120, will have a surcharge imposed. Required levels C & D personal protection will be surcharged 10% of the above hourly rates, and required levels A and B personal protection will be surcharged at 25% of the above hourly rates. Expert witness services, including trial preparation, depositions, and court appearances will be charged at 1.5 times the above rates with a minimum charge of four hours for depositions and court appearances per day. MISCELLANEOUS CHARGES Computer Usage ...... ............................... $ 451Hour Undisturbed Samples ... ............................... $ 5 /Sample Passenger Car - $0.45 /mile with minimum of ................... $ 20 /Day Truck - $0.45 /mile with minimum of ........................ $ 50 /Day 1 -Ton Truck - $0.60 /mile with a minimum of ................... $ 100 /Day The use of specialized equipment, such as seismic survey equipment, slope indicators, organic vapor analyzers, etc., will be charged at an hourly rate or daily rate. REIMBURSABLE ITEMS Outside services performed by others and direct expenses incurred on the client's behalf are charged at 1.15 times our cost. Such items include, but are not limited to, outside consultants and testing laboratories, rental and operation of drilling, bulldozing, other field equipment, non - reusable equipment, blueprinting, long- distance communications, subsistence, transportation charges, auto rental, freight, and any special permits and inspection fees. INSURANCE Law /Crandall, Inc. maintains General Liability Insurance for bodily injury and property damage with an aggregate limit of $1,000,000 per occurrence for its own account and will furnish certificates of such insurance upon request. In the event the client desires additional coverage, we will, upon the client's written request, obtain additional insurance at the client's expense. June 1994 Geotechl 200 CITADEL DRIVE • LOS ANGELES, CA 90040 (213( 889 -5300 • FAX (213) 721-6700 ONE OF IDEUINCOMMIES